PETITION OF COSMOPOLITAN HOTELS LTD AGAINST RENFREWSHIRE COUNCIL [2021] ScotCS CSOH_116 (09 November 2021)
The petition is incompetent because section 237 of the Town and Country Planning (Scotland) Act 1997 precludes judicial review of the Council's decision to accept the reporter's recommendation; the statutory appeal procedure under section 238 provides the appropriate remedy.
- Citation
- [2021] ScotCS CSOH_116
- Parties
- Petitioner: Cosmopolitan Hotels Limited; Respondent: Renfrewshire Council
- Jurisdiction
- Scotland
- Judgment Date
- 09 November 2021
- Procedural Posture
- Judicial Review / Outer House, Court of Session – Opinion
- Outcome
- Petition dismissed as incompetent
- Legal Topics
- Local Development Plan, Statutory Appeal, Judicial Review, Procedural Competency
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cosmopolitan Hotels Limited
Petitioner
Renfrewshire Council
Respondent
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion
Legal Issues
- 1 Whether judicial review is competent to challenge the Council's decision to accept a reporter's recommendation modifying a proposed Local Development Plan
- 2 Whether the Council's Board failed to consider a material error in the reporter's recommendation
Ratio Decidendi
The petition is incompetent because section 237 of the Town and Country Planning (Scotland) Act 1997 precludes judicial review of the Council's decision to accept the reporter's recommendation; the statutory appeal procedure under section 238 provides the appropriate remedy.
Court Disposition
Petition dismissed as incompetent
Orders
- Sustain respondent's first plea in law (competency)
- Repel petitioner's pleas
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment