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Scotland Case Law

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Planning law [2024] ScotCS CSOH_46

TESCO STORES LTD AGAINST PERTH AND KINROSS COUNCIL

TESCO STORES LTD AGAINST PERTH AND KINROSS COUNCIL [2024] ScotCS CSOH_46 (26 April 2024)

The Court of Session reduced Perth and Kinross Council’s planning permission for an Aldi store, holding that Policy 28(c) of NPF4 was misapplied.

  • Interpretation of planning policy
  • Application of national planning framework 4 (npf4)
  • Retail development in out-of-centre locations
  • Sequential test in planning
  • Adequacy of reasons in planning decisions
  • Planning-law
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Administrative law [2010] ScotCS CSOH_105

Uprichard v Order of the Scottish Ministers

Uprichard v Order of the Scottish Ministers [2010] ScotCS CSOH_105 (30 July 2010)

Challenge to the Fife Structure Plan failed: Lord Uist held the Scottish Ministers gave adequate reasons for rejecting objections to St Andrews land allocations.

  • Adequacy of reasons in planning decisions
  • Judicial review of structure plans
  • Statutory interpretation – town and country planning (scotland) act 1997
  • Landscape capacity and development
  • Green belt policy
  • Planning-law
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.