Thomson v The Scottish Ministers [2017] ScotCS CSIH_16 (21 February 2017)

Thomson v The Scottish Ministers [2017] ScotCS CSIH_16 (21 February 2017)

The reporter's decision was within the powers of the Act, relevant requirements were complied with, and no procedural irregularity or error of law was established. The appeal must be refused as the court cannot interfere with planning judgment.

Citation
[2017] ScotCS CSIH_16
Parties
Appellant: Robert Webster Thomson; Respondent: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
21 February 2017
Procedural Posture
Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Final Judgment
Outcome
Appeal refused
Legal Topics
Enforcement Notice, Listed Building, Conservation Area, Planning Permission, Procedural Fairness
Administrative Law Planning Law Enforcement Notice Listed Building Conservation Area Planning Permission Procedural Fairness

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Parties

Robert Webster Thomson

Appellant

The Scottish Ministers

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the reporter's decision was within the powers of the Town and Country Planning (Scotland) Act 1997
  2. 2 Whether relevant requirements were complied with in relation to the reporter's decision
  3. 3 Whether procedural irregularities resulted in unfairness

Ratio Decidendi

The reporter's decision was within the powers of the Act, relevant requirements were complied with, and no procedural irregularity or error of law was established. The appeal must be refused as the court cannot interfere with planning judgment.

Court Disposition

Appeal refused