Outer House case in which the Cairngorms Campaign and others  sought reduction of a decision by the Cairngorm National Park Authority to adopt the Cairngorm’s National Park Local Plan. In particular they complained about the adoption of development policies in the Local Plan which made provision for developments at Nethy Bridge (40 dwelling houses and business units),  Carrbridge (up to 117 dwelling houses), An Camas Mòr  (1,500 dwelling houses) and  Kingussie (300 dwelling houses).

In a lengthy decision Lord Glennie rejected the campaigner’s arguments finding that, in adopting the Local Plan, the Park Authority had neither acted unlawfully or illegally (in the Wednesbury sense – i.e. it had not reached a decision that no reasonable person in that position properly informed of the facts could have reached) nor had it failed to give adequate reasons for its decision, the reasons given for the decision being clear. In coming to his decision, Lord Glennie also rejected a number of more specific arguments made by the campaigners.

An important issue considered in the judgement was the Park Authority’s departure from the reporter’s recommendations following the public inquiry.  The Local Plan was implemented under the previous planning regime (which allows for wider discretion to depart from a reporter’s recommendations following an inquiry than under the new planning regime).  In that respect this case can be contrasted with recent case, Tesco Stores Ltd v Aberdeen City Council (11 October 2012) which demonstrates the stricter rules which apply where a planning authority departs from a  reporter’s recommendations under the new planning system.

The full judgement is available from Scottish Courts here.

(See also appeal to Inner House here.)

All of our property and conveyancing case summaries are contained in the LKS Property and Conveyancing Casebook here.

(The campaigners have since lodged an appeal.)