Anduff Holdings Ltd v SoS for Scotland
Anduff Holdings Ltd v SoS for Scotland
- 1992
- Scots Law Times 1992 SLT 696-701(6) .
Second Division 29 May 1991. Car wash centre - planning permission - application refused on basis that proposal made inappropriate use of site - appeal dismissed on ground of physical design of development and possibility that adjacent site would be left undeveloped - whether grounds foreshadowed in planning authority`s decision and objections - whether applicants had fair notice - whether reporter in breach of principles of natural justice - Town and Country Planning (Scotland) Act 1972 s233. Held, that the reporter`s grounds of decision were based on issues not raised by the parties nor by the reporter, and the principles of natural justice required that A should have had the opportunity to deal with these issues. Appeal allowed and decision of reporter quashed.
PLANNING PERMISSION
REFUSAL OF CONSENT
SCOTLAND
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972 S233
Second Division 29 May 1991. Car wash centre - planning permission - application refused on basis that proposal made inappropriate use of site - appeal dismissed on ground of physical design of development and possibility that adjacent site would be left undeveloped - whether grounds foreshadowed in planning authority`s decision and objections - whether applicants had fair notice - whether reporter in breach of principles of natural justice - Town and Country Planning (Scotland) Act 1972 s233. Held, that the reporter`s grounds of decision were based on issues not raised by the parties nor by the reporter, and the principles of natural justice required that A should have had the opportunity to deal with these issues. Appeal allowed and decision of reporter quashed.
PLANNING PERMISSION
REFUSAL OF CONSENT
SCOTLAND
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972 S233