Eastwood D C v MacTaggart & Mickel Ltd
Eastwood D C v MacTaggart & Mickel Ltd
- 1992
- Scottish Civil Law Reports 1992 SCLR 656-661(6) .
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.
PLANNING CONDITIONS
PLANNING PERMISSION
SCOTLAND
TOWN AND PLANNING (SCOTLAND) ACT 1972 S19
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.
PLANNING CONDITIONS
PLANNING PERMISSION
SCOTLAND
TOWN AND PLANNING (SCOTLAND) ACT 1972 S19