This is the response to a (gentle) challenge over planning Christmas drinks – what are the key court decisions on planning?
I've limited myself to 10. It's hard to pick, so I've focused on the ones I mention most in my client work.
Links are provided where the court judgments are available on non-subscription databases; unfortunately that does not include some of the older decisions.
Development plans
We have a plan-led system, so this is the obvious place to start.
Edinburgh City Council v Sec of State for Scotland (1997, House of Lords) – the leading judgment on interpreting the development plan as a whole. Also close to my heart because I acted for the developer.
Tesco v Dundee City Council (2012, Supreme Court) – I'm surely not the only planning lawyer who enjoys using the humpty dumpty quote?
Conditions
Grampian Regional Council v Aberdeen District Council (House of Lords, 1983) – where would we be without "Grampian conditions"?
British Railways Board v Sec of State for the Environment (House of Lords, 1993) – no requirement for a planning condition to have a reasonable prospect of fulfilment.
F G Whitley v Sec of State for Wales (Court of Appeal, 1992) – time when pre-commencement conditions are fulfilled – useful flexibility.
Trump v Scottish Ministers (Supreme Court, 2015) – his influence extends to planning, or at least the approach to interpreting planning conditions.
Finney v Welsh Ministers (Court of Appeal, 2019) – the start of the awkwardness about varying planning conditions (should there be a top 10 of unhelpful planning court decisions?).
Developer contributions
Aberdeen City and Shire SDPA v Elsick (Supreme Court, 2017) – replaced the 1995 Tesco case as lead authority on limits to developer contributions. My colleague Elaine's favourite case.
Environmental impact assessment
R v Rochdale MBC ex p. Milne (Queens Bench Division, 2000) – the source of the infamous "Rochdale envelope". Worthy of an envelope statue in the business park?
Status of planning decisions
Archid v Dundee City Council (Outer House, Court of Session, 2013) – decisions are valid unless and until reduced/ quashed by the court. Useful for responding to claims by objectors that a decision is flawed.
Personal reflections
I'm struck by the age of these decisions. Did the golden age end in the 2010s? Certainly more recent court decisions mainly apply well-understood principles. There are a few exceptions, for example: Hillside, Finch. Those might be in some people's top 10, but for me do not have as wide relevance as the ones I've mentioned. Something we can debate over drinks.
Contributor
Partner
