Roy Martin QC successfully represents respondent in Supreme Court planning appeal
October 31, 2017
Roy Martin QC was successful in resisting an appeal to the UK Supreme Court by Aberdeen City and Shire Strategic Development Planning Authority against a decision by the Inner House to quash its adoption of statutory supplementary guidance implementing its Strategic Transport Fund.
This case considered the correct legal test for the validity of planning obligations, the extent to which planning authorities are obligated to comply with national policy when formulating their own supplementary guidance, and the extent of the supervisory jurisdiction of the courts when considering challenges to planning policies.
In a judgment given by Lord Hodge, the Supreme Court affirmed the principle that a planning authority may not require or receive a financial contribution in relation to a proposed development which is to be used for the provision or improvement of infrastructure which is not sufficiently required by the impact of the development in question.
Roy Martin QC represented the respondent Elsick Development Company.
The full judgment can be viewed by following this link: Aberdeen City and Shire Strategic Development Planning Authority (Appellant) v Elsick Development Company Limited (Respondent)  UKSC 66