Eastwood D C v MacTaggart & Mickel Ltd
Language: English Series: Scottish Civil Law Reports ; 1992 SCLR 656-661(6)Publication details: 1992Subject(s): Summary: Court of Session. The planning authority (E) appealed against a decision of the SoS for Scotland, made on appeal, granting planning permission to M for a residential development. Conditions were attached to the consent. The ambiguity of the wording of the conditions were at issue. Held, that it was equally ultra vires to impose a condition which was void for uncertainty as to impose one which was absurd and produced a result that was clearly not the one intended. As the condition could not be severed from the planning permission the whole decision had to be quashed; appeal allowed and decision remitted to SoS to consider anew.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | A158 (Browse shelf(Opens below)) | 1 | Available | 27348-1001 |
Court of Session. The planning authority (E) appealed against a decision of the SoS for Scotland, made on appeal, granting planning permission to M for a residential development. Conditions were attached to the consent. The ambiguity of the wording of the conditions were at issue. Held, that it was equally ultra vires to impose a condition which was void for uncertainty as to impose one which was absurd and produced a result that was clearly not the one intended. As the condition could not be severed from the planning permission the whole decision had to be quashed; appeal allowed and decision remitted to SoS to consider anew.