Planning & Environment

What’s interesting about the Eadie Cairns case?

  • Developers often complain that planning authorities are reluctant to remove sites from development plans. This is a case where the planning authority tried to deallocate a site.
  • The relevant part of the local plan was quashed – a rare example of a planning decision being quashed by the Court of Session. There are a few examples now of development plans being challenged successfully – maybe the huge amount of work involved makes it harder for planning authorities to get every bit right? Or does having a plan-led system make the stakes higher, encouraging legal challenge?
  • It’s a successful challenge on grounds of inadequate reasons – that’s also rare.
  • The Court of Session confirmed the limited rights available to objectors to draft development plans – once a representation has been submitted, there is no scope for further representations introducing new matters or responding to newly expressed reasons given, unless the reporter appointed to examine the plan calls for further representations.
  • The judgment includes a map and photos – I’ve never seen that before.
Neil Collar