Jermon Ltd, Re Application for Judicial Review [2008] ScotCS CSOH_76 (21 May 2008)

Jermon Ltd, Re Application for Judicial Review [2008] ScotCS CSOH_76 (21 May 2008)

The planning authority failed to properly assess the applications against the relevant Structure Plan and national policy, did not adopt the required sequential approach, and failed to comply with statutory notification procedures to Scottish Ministers. The committee report omitted critical references and analysis,...

Source-derived case information.

Citation
[2008] ScotCS CSOH_76
Parties
Petitioner: Jermon Limited; Respondent: West Dunbartonshire Council; Interested Party: Interested Party (Applicant for planning permission)
Jurisdiction
Scotland
Judgment Date
21 May 2008
Procedural Posture
Judicial Review / First Hearing
Outcome
Petition sustained; planning permissions quashed.
Legal Topics
Judicial Review of Planning Decisions, Development Plan Compliance, Notification to Scottish Ministers, Material Considerations in Planning, Sequential Test for Retail Development
Administrative Law Planning Law Judicial Review of Planning Decisions Development Plan Compliance Notification to Scottish Ministers Material Considerations in Planning Sequential Test for Retail Development

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Parties

Jermon Limited

Petitioner

West Dunbartonshire Council

Respondent

Interested Party (Applicant for planning permission)

Interested Party

Procedural Posture

Judicial Review / First Hearing

Legal Issues

  1. 1 Did the planning authority fail to properly consider the development plan and material considerations when granting planning permissions?
  2. 2 Did the planning authority fail to comply with statutory notification requirements to Scottish Ministers for local authority interest developments?

Ratio Decidendi

The planning authority failed to properly assess the applications against the relevant Structure Plan and national policy, did not adopt the required sequential approach, and failed to comply with statutory notification procedures to Scottish Ministers. The committee report omitted critical references and analysis, rendering the decisions unlawful.

Court Disposition

Petition sustained; planning permissions quashed.

Orders

  • The decisions of West Dunbartonshire Council dated 2 October 2007 granting planning permissions DC07/286/FUL, DC07/284/REM, and DC07/285/FUL are reduced (quashed).
  • Respondents are ordered to reconsider the applications in accordance with the law, including proper assessment against the development plan and compliance with notification procedures to Scottish Ministers.