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Scotland decisions
Decisions matching the current search
A judicial review challenge to a planning refusal was dismissed after the court held the council acted within its statutory discretion and on material planning considerations.
Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)
The court held that the reporter materially erred in treating a wind farm and its grid connection separately for EIA purposes and quashed the decision.
IAIN MUIRHEAD AND DICKINS EIDNBURGH LTD FOR JUDICIAL REVIEW [2023] ScotCS CSOH_86 (01 December 2023)
The court held that section 26B of the 1997 Act is not retrospective and applies only to changes of use after a short-term let control area is designated.
IN THE PETITION OF (FIRST) PETER RALPH AVERBUCH; (SECOND) DICKINS EDINBURGH LTD; (THIRD) RESERVE TRAVEL LTD; (FOURTH) EDINBURGH SC (SELF CATERING) LTD FOR JUDICIAL REVIEW OF THE CITY OF EDINBURGH COUNCIL SHORT TERM LETS LICENSING POLICY [2023] ScotCS CSOH_35 (08 June 2023)
The Court of Session held that parts of Edinburgh’s short-term lets licensing policy were unlawful, including the rebuttable presumption against tenement lets and the ban on temporary licences.
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.
WEST LOTHIAN COUNCIL AGAINST THE SCOTTISH MINISTERS AND OGILVIE HOMES LTD [2023] ScotCS CSIH_3 (20 January 2023)
The Inner House refused West Lothian Council’s appeal, upholding a reporter’s grant of planning permission for housing on greenfield land in East Whitburn.
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.
APPEAL BY MARTIN GIBB AGAINST THE SCOTTISH MINISTERS [2022] ScotCS CSIH_18 (29 March 2022)
The Court of Session refused an appeal against an enforcement notice decision, holding the reporter acted fairly, could rely on site observations, and was entitled to prefer the council’s evidence.
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.
WESTEND RESIDENTS CIC AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_93 (10 September 2021)
The Court of Session held that planning permission for an e-bike docking station in a conservation area was ultra vires because the design-statement issue was not properly addressed.
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