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New football stadium for Aberdeen Football Club gets the go ahead

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New football stadium for Aberdeen Football Club gets the go ahead

05 March 2019

A community action group, No to Kingsford Ltd, sought judicial review of Aberdeen City Council's (ACC) grant of planning permission for Aberdeen Football Club's (AFC)  new stadium. The petition was refused by Lord Tyre who held that there was no error in law on the part of ACC.

Lord Tyre held that ACC did not fall into error by conflating the s25 balancing exercise with its assessment of particular LDP policies. ACC exercised legitimate planning judgment in assessing compliance of those policies against the background of other LDP policies. It was appropriate for ACC to do so.

Lord Tyre also held that ACC had adopted a flexible and realistic approach to the sequential "test", as set out by Lord Reed in Tesco Stores v Dundee City Council. ACC did not require to define the minimum size of the site. Nor did ACC as planning authority require to investigate whether as landlord it could bring a tenancy to an end which might then make land available. Lord Tyre also makes observations on the duty to obtain best value, and on the viability of other possible sites.

No to Kingsford Limited v Aberdeen City Council and Aberdeen Football Club [2019] CSOH 19

Ruth Crawford QC and Dan Byrne of Axiom Advocates acted for ACC.