Anduff Holdings Ltd v SoS for Scotland
Language: English Series: Scots Law Times ; 1992 SLT 696-701(6)Publication details: 1992Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | A161 (Browse shelf(Opens below)) | 1 | Available | 27365-1001 |
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.