Cases - R v East Lothian Council, ex parte Scottish Coal Co Ltd

Record details

Name

R v East Lothian Council, ex parte Scottish Coal Co Ltd

Date

[2001]

Citation

1 PLR 1

Keywords

Planning control

Summary

Planning permission for an open cast coal site was granted subject to various conditions. One of the conditions required the operator, in the event of a complaint about noise, to immediately notify the planning authority and undertake an investigation in consultation with the planning authority and initiate any necessary remedial measures.

A breach of condition notice was served in respect of this condition. The notice stated that the operator was to:

• ensure that an investigation is undertaken in consultation with the Council and that any necessary remedial measures agreed with the Council are initiated; and
• ensure that in the event of further complaint an investigation is undertaken in consultation with the council.

It was held that the notice was not valid as it did not 'specify' actual steps but simply echoed the condition. So, the operator had no notice of what was expected in practical terms and so no way of knowing whether or not any particular course of action would constitute failure to take steps and be a criminal offence. To 'ensure' focuses on the result to be achieved rather than the means of achieving it.