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Scotland decisions
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CD for Judicial Review (Court of Session) [2024] CSOH 101 (12 November 2024)
The Court of Session reduced a visitor visa refusal because the decision-maker failed to comply with section 55 child-welfare duties and gave inadequate reasons.
APPEAL BY ROBERT BRUCE AGAINST MORAY COUNCIL [2023] ScotCS CSIH_11 (21 February 2023)
The Court of Session quashed Moray Council’s planning permission for houses at Portessie, holding the Local Review Body unlawfully relied on housing as a material consideration.
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.
EDINBURGH CREMATORIUM LTD AGAINST EAST LOTHIAN COUNCIL [2022] ScotCS CSOH_79 (21 October 2022)
Judicial review of a planning permission for a crematorium failed. The court held the officer’s report did not materially mislead the committee.
LESLIE SINCLAIR AGAINST THE SCOTTISH MINISTERS AND ANOTHER [2022] ScotCS CSIH_49 (05 October 2022)
The Court of Session upheld planning permission for two Orkney wind farms, holding that their contribution to an interconnector project was a lawful material consideration.
NO KINGSFORD STADIUM LIMITED AGAINST ABERDEEN CITY COUNCIL AND ABERDEEN FOOTBALL CLUB PLC [2019] ScotCS CSOH_19 (01 March 2019)
Judicial review of Aberdeen City Council’s grant of planning permission for a new stadium at Kingsford failed; the petition was refused.
GRAHAMS THE FAMILY DAIRY LIMITED AND MACTAGGART & MICKEL HOMES LIMITED AGAINST THE SCOTTISH MINISTERS [2019] ScotCS CSIH_3 (23 January 2019)
The Inner House quashed refusal of planning permission, holding that ministers failed to account for the approved local development plan’s changed housing shortfall.
St Andrews Environmental Protection Association Ltd, Re Judicial Review [2015] ScotCS CSOH_27 (20 March 2015)
The court refused judicial review of Fife Council’s grant of planning permission for a new Madras College at Pipeland, holding the North Haugh/Station Park option was lawfully treated as unsuitable.
Tesco Stores Ltd v Dundee City Council & Anor [2011] ScotCS CSIH_9 (11 February 2011)
The Inner House refused Tesco’s judicial review challenge to Dundee’s grant of outline planning permission for a new superstore, holding that material considerations justified the decision.
Baird & Anor v Langmuir & Anor [2008] ScotCS CSOH_157 (04 June 2008)
The Court of Session refused judicial review of East Renfrewshire Council’s grant of planning permission for a house extension, rejecting ultra vires, material consideration, and Wednesbury challenges.
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