APPEAL BY ROBERT BRUCE AGAINST MORAY COUNCIL [2023] ScotCS CSIH_11 (21 February 2023)

APPEAL BY ROBERT BRUCE AGAINST MORAY COUNCIL [2023] ScotCS CSIH_11 (21 February 2023)

The MLRB's decision to grant planning permission was unlawful because housing was expressly excluded as a material consideration under EP5, and the claimed community benefit (housing and school roll increase) was insufficient to justify departure from the development plan; the decision constituted an error of law and was ultra vires the 1997 Act.

Citation
[2023] ScotCS CSIH_11
Parties
Appellant: Robert Bruce; Respondent: Moray Council
Jurisdiction
Scotland
Judgment Date
21 February 2023
Procedural Posture
Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Final Judgment
Outcome
appeal allowed; MLRB decision quashed
Legal Topics
Local Development Plan, Planning Permission, Material Considerations, Environmental Designation
Administrative Law Planning Law Local Development Plan Planning Permission Material Considerations Environmental Designation

Case Brief

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Parties

Robert Bruce

Appellant

Moray Council

Respondent

Procedural Posture

Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Final Judgment

Legal Issues

  1. 1 Whether the Moray Local Review Body's grant of planning permission was lawful under the adopted Local Development Plan and section 25 of the Town and Country Planning (Scotland) Act 1997
  2. 2 Whether the reasons given by the MLRB were adequate and proper
  3. 3 Whether the appellant qualifies as an aggrieved person under section 239

Ratio Decidendi

The MLRB's decision to grant planning permission was unlawful because housing was expressly excluded as a material consideration under EP5, and the claimed community benefit (housing and school roll increase) was insufficient to justify departure from the development plan; the decision constituted an error of law and was ultra vires the 1997 Act.

Court Disposition

appeal allowed; MLRB decision quashed

Orders

  • The decision of the Moray Local Review Body granting planning permission is quashed.