Byrom v City of Edinburgh Council

Town and country planning – Grant of planning permission – Judicial review – Effect of development on listed buildings and air quality. Court of Session: Refusing a judicial review petition seeking reduction of a decision granting planning permission for a mixed use development in Edinburgh city centre, the court rejected the petitioner's three main complaints, which concerned the setting of the Central Library, a listed building, and whether the views from it were properly considered , whether relisting of the library from category B to category A was a material change justifying reconsideration of the decision, and whether the respondent's planning sub-committee erred in the way in which it dealt with the matter of air quality, holding that no errors in the decision-making process had been established and the respondent's approach on the basis of the available material could not be regarded as irrational or perverse.

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