Cases - East Dunbartonshire Council v Secretary of State for Scotland
Record details
- Name
- East Dunbartonshire Council v Secretary of State for Scotland
- Date
- [1999]
- Citation
- 1 PLR 523
- Legislation
- Keywords
- Planning control
- Summary
-
It was claimed that the commencement of development (sight lines at a road junction) was not lawful as it required the consent of the owner, which was not available at the time. The Court held that the word 'lawful' looks primarily to the position under the planning legislation.
Lord Coulsfield, delivering the judgment of the Court of Session, Inner House, considered all the authorities and said:
'... there is no justification in the terms or in the structure of the legislation for the imposition of an ill-defined requirement that the specified operations should be carried out with some particular intention. In our view, the proper test is an objective one ...'