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Scotland Case Law

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Planning-law [2023] ScotCS CSIH_2

APPEAL BY TAYLOR WIMPEY UK LTD AGAINST THE SCOTTISH MINISTERS

APPEAL BY TAYLOR WIMPEY UK LTD AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_2 (20 January 2023)

The Inner House refused Taylor Wimpey’s appeal against refusal of planning permission for a housing scheme at Planetreeyetts Farm in Kilmacolm.

  • Housing-land-supply
  • Development-plan-compliance
  • Material-considerations
  • Sustainable-development
  • Planning-judgment
  • Planning-law
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Administrative-law [2021] ScotCS CSIH_47

APPEAL BY NORTH LANARKSHIRE BIOPOWER LTD AGAINST THE SCOTTISH MINISTERS

APPEAL BY NORTH LANARKSHIRE BIOPOWER LTD AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSIH_47 (14 September 2021)

The Court of Session refused a planning appeal, holding that only the reasons in the final decision letter were legally relevant and not earlier ministerial thinking.

  • Planning-permission
  • Ministerial-decision-making
  • Visual-impact
  • Development-plan-compliance
  • Planning-law
  • Judicial-review
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Planning-law [2020] ScotCS CSIH_13

CITY OF EDINBURGH COUNCIL AGAINST THE SCOTTISH MINISTERS AND (FIRST) GRANTON DEVELOPMENTS LTD AND (SECOND) LESTER GIBBONS

CITY OF EDINBURGH COUNCIL AGAINST THE SCOTTISH MINISTERS AND (FIRST) GRANTON DEVELOPMENTS LTD AND (SECOND) LESTER GIBBONS [2020] ScotCS CSIH_13 (09 April 2020)

The Inner House refused a planning appeal over a section 42 application, upholding an extension of time for a Granton Harbour outline permission.

  • Section-42-applications
  • Planning-permission-extension
  • Section-75-agreements
  • Development-plan-compliance
  • Planning-law
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Administrative-law [2015] ScotCS CSIH_37

LOCH HILL WINDFARM (SCOTLAND) Ltd AGAINST A DECISION OF THE SCOTTISH MINISTERS

LOCH HILL WINDFARM (SCOTLAND) Ltd AGAINST A DECISION OF THE SCOTTISH MINISTERS [2015] ScotCS CSIH_37 (15 May 2015)

The Inner House refused Loch Hill Windfarm’s appeal, holding the reporter lawfully found cumulative visual impact made the proposal contrary to the development plan.

  • Planning-permission
  • Renewable-energy
  • Cumulative-visual-impact
  • Development-plan-compliance
  • Planning-law
  • Windfarm-development
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Administrative-law [2008] ScotCS CSOH_76

Jermon Ltd, Re Application for Judicial Review

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

The Court of Session reduced planning permissions granted by West Dunbartonshire Council after finding defective reasoning and a failure to follow notification procedures.

  • Judicial-review-of-planning-decisions
  • Development-plan-compliance
  • Notification-to-scottish-ministers
  • Material-considerations-in-planning
  • Sequential-test-for-retail-development
  • Planning-law
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Administrative-law [2008] ScotCS CSIH_28

Aberdeenshire Council v. Scottish Ministers

Aberdeenshire Council v. Scottish Ministers [2008] ScotCS CSIH_28 (28 March 2008)

The Court of Session quashed a planning appeal decision, holding the reporter gave inadequate reasons, misapplied housing land supply policy, and imposed an unenforceable affordable housing condition.

  • Development-plan-compliance
  • Material-considerations-in-planning
  • Housing-land-supply
  • Judicial-review-of-planning-decisions
  • Enforceability-of-planning-conditions
  • Planning-law
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Planning-law [2006] ScotCS CSOH_165

LIDL UK GmbH v The Scottish Ministers & Anor

LIDL UK GmbH v The Scottish Ministers & Anor [2006] ScotCS CSOH_165 (18 October 2006)

The Court of Session allowed Lidl’s appeal, holding that the Reporter erred on the planning policy test and reached an irrational conclusion on the facts.

  • Town-and-country-planning
  • Development-plan-compliance
  • Natural-justice
  • Judicial-review
  • Sequential-test
  • Retail-development-policy
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Planning-law [2001] ScotCS 121

City Of Edinburgh Council v Decision Of Scottish Ministers & Anor

City Of Edinburgh Council v Decision Of Scottish Ministers & Anor [2001] ScotCS 121 (24 May 2001)

The Court of Session held that Policy L5 could not properly be read as covering a Class 3 restaurant, so the reporter had misinterpreted the development plan.

  • Interpretation-of-planning-policy
  • Change-of-use
  • Enforcement-notice
  • Development-plan-compliance
  • Planning-law
  • Policy-interpretation
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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.