Procedural irregularities under The Town and Country Planning (Appeals)(Scotland) Regulations 2008

26 January 2012

In the recent appeal of Greenland Developments (UK) Limited v Scottish Ministers 2012 CSIH 5, the planning authority failed to respond timeously under the 2008 Regulations to an appeal lodged with the Reporter by the appellants. The appellants argued that the Report was accordingly unable to take into account the response that was subsequently submitted. The Inner House soundly rejected that argument holding that the public interest would not be served by precluding the Reporter (and the Scottish Ministers) from taking into account the planning authority’s response. In addition, the 2008 Regulations provided the Reporter with a wide discretion whether or not the appeal could be determined by written submissions and a site visit, or whether further procedure was required. The Reporter’s decision on procedure cannot be challenged in the absence of any error in law. The Inner House also rejected the reasons challenge made by the appellants.

Ruth Crawford, QC and Jonathan Barne of Axiom Advocates represented the Scottish Ministers.

http://www.scotcourts.gov.uk/opinions/2012CSIH5.html