Second Division 5 June 1987. In 1979 outline planning permission was granted for a private housing development on condition that an area of land, to be agreed, should be reserved for a future bypass. Full planning permission was later sought on this area and refused in June 1984. The owners claiming that the land had been incapable of beneficial use , in May 1985 served a purchase notice on the planning authority under Town and Country Planning (Scotland) Act 1972 s169 . The notice was referred to the SoS Scotland who confirmed it holding that he had no discretion in the matter as the planning condition attached in 1979 did not envisage the site remaining undeveloped. The planning authority appealed to the Court of Session against the SoS Scotland arguing that undeveloped meant undeveloped by the developer so that they did have the power to grant or refuse the notice. The appeal was refused on the grounds that the reference to land remaining undeveloped was not restricted to land rem