Lafarge Redland Aggregates Ltd, Re Application For An Order [2000] ScotCS 260 (18th October 2000)

Lafarge Redland Aggregates Ltd, Re Application For An Order [2000] ScotCS 260 (18th October 2000)

The respondents breached their statutory duty by failing to determine the planning application within a reasonable time, acted ultra vires by referring the site to SNH for advice in the planning context due to the appearance of partiality, and breached Article 6 ECHR by failing to provide a fair hearing within a reasonable time and by the appearance of partiality.

Citation
[2000] ScotCS 260
Parties
Petitioner: Lafarge Redland Aggregates Limited; Respondent: Scottish Ministers
Jurisdiction
Scotland
Procedural Posture
Judicial Review / First Instance, Outer House, Court of Session
Outcome
Declarators granted in favour of the petitioners.
Legal Topics
Judicial Review, Statutory Duty, Delay in Decision Making, Partiality and Impartiality, Ultra Vires, Article 6 ECHR, Town and Country Planning, Special Area of Conservation (c Sac), Procedural Impropriety
Administrative Law Planning Law Environmental Law Human Rights Judicial Review Statutory Duty Delay in Decision Making Partiality and Impartiality +5 more

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Parties

Lafarge Redland Aggregates Limited

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / First Instance, Outer House, Court of Session

Legal Issues

  1. 1 Whether the respondents breached their statutory duty by failing to determine the planning application within a reasonable time
  2. 2 Whether the decision to refer the site to SNH for cSAC advice was ultra vires due to partiality and procedural impropriety
  3. 3 Whether the delay and reference to SNH breached Article 6 of the European Convention on Human Rights

Ratio Decidendi

The respondents breached their statutory duty by failing to determine the planning application within a reasonable time, acted ultra vires by referring the site to SNH for advice in the planning context due to the appearance of partiality, and breached Article 6 ECHR by failing to provide a fair hearing within a reasonable time and by the appearance of partiality.

Court Disposition

Declarators granted in favour of the petitioners.

Orders

  • Declarator that respondents are in breach of statutory duty by failing to determine the application within a reasonable time.
  • Declarator that the decision to refer the classification of the site to SNH for advice in the context of the planning application was ultra vires.