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Glasgow City District Council v SOS Scotland

Language: English Series: Estates Gazette ; (1990) 35 EG 68-70(2)Publication details: 1990Subject(s): Summary: Court of Session Outer House 21 September 1989. Petition by the acquiring authority (G) to reduce the SOS decision not to confirm a 1987 compulsory purchase order . Subjects included in CPO were a site of former buildings and existing garage premises. Point at issue was whether to include the garage site in order to enable viable development to proceed. SOS held that the garage premises did not need to be included in CPO and refused to confirm it. G argued that in refusing to confirm the CPO, the SOS had gone too far. Although G had not suggested at the public inquiry that the order should be modified to include the garage premises, such a modification was an obvious and logical option which the SOS should have considered and he acted unreasonably in not considering it. Held, dismissing the petition, that G had failed to demonstrate that SOS`s decision was unreasonable. A principle witness for G at the inquiry had expressed the view that development without the garage site would not
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Law report London Journal article ABS43338 (Browse shelf(Opens below)) 1 Available 41386-1001

Court of Session Outer House 21 September 1989. Petition by the acquiring authority (G) to reduce the SOS decision not to confirm a 1987 compulsory purchase order . Subjects included in CPO were a site of former buildings and existing garage premises. Point at issue was whether to include the garage site in order to enable viable development to proceed. SOS held that the garage premises did not need to be included in CPO and refused to confirm it. G argued that in refusing to confirm the CPO, the SOS had gone too far. Although G had not suggested at the public inquiry that the order should be modified to include the garage premises, such a modification was an obvious and logical option which the SOS should have considered and he acted unreasonably in not considering it. Held, dismissing the petition, that G had failed to demonstrate that SOS`s decision was unreasonable. A principle witness for G at the inquiry had expressed the view that development without the garage site would not