Success for Douglas Armstrong QC in planning appeal

Success for Douglas Armstrong QC in planning appeal

The recent Inner House opinion in Ogilvie Homes Limited v Scottish Ministers [2021] CSIH 8 highlights the role of the court in the interpretation of development plan policies.

In accepting the arguments presented by Terra Firma’s Douglas Armstrong QC, the court concluded that the Scottish ministers’ reporter had failed to interpret properly the key local plan policy relevant to the determination of the appeal.

The court confirmed that interpretation of planning policies is a matter of law. In addition, the court concluded that the reporter had failed to take proper account of previous planning decisions and had failed to explain why he reached a decision which differed from them.

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