Strathclyde Regional Council v Secretary of State for Scotland
Strathclyde Regional Council v Secretary of State for Scotland
- 1996
- Scots Law Times 1996 SLT 579-486(8) .
Second Division. The Lord Justice Clerk (Ross), Lords Morison and Cameron of Lochbroom. 16 February 1996. Town and country planning - planning permission - conditions imposed on grant of planning permission - conditions imposed by Secretary of State relating to land beyond control of developer in relation to matters on which no evidence of reasonable prospect of fulfilment - whether imposition of conditions irrational and ultra vires. Town and country planning - plannig permission - development plan - whether Secretary of State failed to have regard to policy considerations in development plan relating to siting of housing on greenfield site in green belt - whether "material considerations" justifying departure from development plan.
DEVELOPMENT PLANS
GREEN BELT
GREENFIELD SITES
HOUSING
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972
Second Division. The Lord Justice Clerk (Ross), Lords Morison and Cameron of Lochbroom. 16 February 1996. Town and country planning - planning permission - conditions imposed on grant of planning permission - conditions imposed by Secretary of State relating to land beyond control of developer in relation to matters on which no evidence of reasonable prospect of fulfilment - whether imposition of conditions irrational and ultra vires. Town and country planning - plannig permission - development plan - whether Secretary of State failed to have regard to policy considerations in development plan relating to siting of housing on greenfield site in green belt - whether "material considerations" justifying departure from development plan.
DEVELOPMENT PLANS
GREEN BELT
GREENFIELD SITES
HOUSING
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972