Petition for judicial review of a decision by Highland Council to grant planning permission for a development of 64 houses at Resaurie near Inverness.

The petitioners argued that the Council had failed to adopt the correct approach to assessing the risk of flooding arising from the development. In particular the petitioners argued that the Council had not adopted a precautionary approach to flood risk as they should have done in terms of the planning policy. They also argued that the Council had failed to understand and take proper account of objections which they had raised in a letter to the Council.

Lord Pentland refused the petition.  The petitioner’s case referred to a change in the wording of the planning policy. SPP7[1] had obliged the Council to “err on the side of caution where flood risk is an issue” whereas the new Scottish Planning Policy[2] (SPP) which replaced it stated instead that developers and planning authorities should take a “precautionary approach” in taking decisions where flood risk is an issue. This change, the petitioners argued, amounted to a new material consideration which the Council had to consider before granting the permission.  However, Lord Pentland found that the change was no more than “textual or cosmetic”.  This meant there was no material change in policy and no new material consideration for the Council to consider before deciding the matter.

Lord Pentland was also not persuaded that the Council had failed to give adequate consideration to the objections raised by the petitioners in their letter taking the view that all of the objections had been adequately summarised and addressed in the planning report which was presented to the planning officials.

The full judgement is available from Scottish Courts here.

(NB: see appeal to the Inner House here.)

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