(FIRST) GRAHAM'S THE FAMILY DAIRY AND OTHERS IN THE PETITION OF ELAN HOMES SCOTLAND LTD FOR JUDICIAL REVIEW [2021] ScotCS CSOH_74 (21 July 2021)

(FIRST) GRAHAM'S THE FAMILY DAIRY AND OTHERS IN THE PETITION OF ELAN HOMES SCOTLAND LTD FOR JUDICIAL REVIEW [2021] ScotCS CSOH_74 (21 July 2021)

The consultation process was not so unfair as to be unlawful; sufficient information was provided to enable intelligent response. The amendments to Scottish Planning Policy, including changes to paragraphs 32, 33, and 125 and adoption of the average method for calculating 5-year effective housing land supply, were rational and within the discretion of the Scottish Ministers. The impact assessments and Fairer Scotland Duty Assessment were not materially flawed or irrational.

Citation
[2021] ScotCS CSOH_74
Parties
Petitioner: Graham's The Family Dairy (Property) Limited; Petitioner: Mactaggart and Mickel Homes Limited; Petitioner: Elan Homes Scotland Limited; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
21 July 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
petitions refused
Legal Topics
Consultation Process, Planning Policy Amendments, Housing Land Supply Calculation, Impact Assessments, Fairer Scotland Duty
Administrative Law Planning Law Consultation Process Planning Policy Amendments Housing Land Supply Calculation Impact Assessments Fairer Scotland Duty

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Parties

Graham's The Family Dairy (Property) Limited

Petitioner

Mactaggart and Mickel Homes Limited

Petitioner

Elan Homes Scotland Limited

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Was the consultation process preceding amendments to Scottish Planning Policy lawful?
  2. 2 Were the changes to SPP paragraphs 32, 33, and 125 rational and properly reasoned?
  3. 3 Was the adoption of the average method for calculating 5-year effective housing land supply lawful?

Ratio Decidendi

The consultation process was not so unfair as to be unlawful; sufficient information was provided to enable intelligent response. The amendments to Scottish Planning Policy, including changes to paragraphs 32, 33, and 125 and adoption of the average method for calculating 5-year effective housing land supply, were rational and within the discretion of the Scottish Ministers. The impact assessments and Fairer Scotland Duty Assessment were not materially flawed or irrational.

Court Disposition

petitions refused

Orders

  • Petitions for judicial review refused.
  • No further orders issued.