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Administrative law [2026] CSOH 10

Petition of Richard Cross against the Highland Council for Judicial Review (Court of Session)

Petition of Richard Cross against the Highland Council for Judicial Review (Court of Session) [2026] CSOH 10 (17 February 2026)

The Court of Session refused judicial review of Highland Council’s planning permission for 66 homes, holding the committee had enough information and no material legal error was shown.

  • Judicial review of planning decisions
  • Interpretation of planning policy
  • Ancient woodland protection
  • Material considerations in planning
  • Statutory requirements for planning authorities
  • Judicial-review
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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 [2011] ScotCS CSOH_11

Tesco Stores v Highland Council & Anor

Tesco Stores v Highland Council & Anor [2011] ScotCS CSOH_11 (25 January 2011)

Judicial review of Highland Council’s grant of outline permission for an Asda store in Tain was refused.

  • Judicial review of planning decisions
  • Sequential test in retail planning
  • Councillor conduct and bias
  • Interpretation of planning policy
  • Planning-law
  • Judicial-review
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Planning law [2010] ScotCS CSOH_128

Tesco Stores Ltd, Re Judicial Review

Tesco Stores Ltd, Re Judicial Review [2010] ScotCS CSOH_128 (15 September 2010)

Judicial review of Dundee planning permission for an Asda store failed. The court held the sequential test and material considerations were matters for planning judgment.

  • Judicial review of planning decisions
  • Interpretation of planning policy
  • Material considerations in planning
  • Sequential test for retail development
  • Judicial-review
  • Planning-law
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Administrative law [2005] ScotCS CSOH_116

Land Securities Group Plc, Re Judicial Review Of A Decision

Land Securities Group Plc, Re Judicial Review Of A Decision [2005] ScotCS CSOH_116 (19 August 2005)

The Lord Ordinary held that a planning authority did not need to await a House of Lords appeal before issuing permission, and dismissed the judicial review.

  • Judicial review of planning decisions
  • Material considerations in planning
  • Interpretation of planning policy
  • Prospects of success in appeals
  • Judicial-review
  • Planning-law
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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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Administrative law [1999] ScotCS 152

Hugh MacRae & Company (Builders) Ltd, Re Decision Of A Reporter Appointed By The Secretary Of State For Scotland

Hugh MacRae & Company (Builders) Ltd, Re Decision Of A Reporter Appointed By The Secretary Of State For Scotland [1999] ScotCS 152 (18 June 1999)

Court of Session upheld a reporter’s refusal of planning permission for 124 houses, holding the housing policies were properly construed and reasons were adequate.

  • Judicial review
  • Planning permission
  • Interpretation of planning policy
  • Material considerations
  • Adequacy of reasons
  • Planning-law
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Date unavailable
Planning law [2021] CSIH 49

C:\Users\joeur\DOCUME~1\AUTOIT~1\getter\PROCES~1\out\2021_C~2\2021_CSIH_49

The reporter did not misapply Policy 8 of the Clydeplan by treating a significant shortfall in the Clydebank area as sufficient to justify granting planning permission. The flexible and practical approach to policy interpretation allows for disaggregation of HSMAs where justified by planning judgment. The appellants failed to demonstrate that a strict or literal approach was required or that the reporter's decision was unreasonable. The appeal is refused.

Source excerpt

  • Housing land supply
  • Development plans
  • Interpretation of planning policy
  • Strategic development plan
  • Local development plan
  • Judicial review of planning decisions
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.