Community Windpower Ltd v East Ayrshire Council

Town and country planning – Enforcement – Stop notice – Validity. Court of Session: Refusing a reclaiming motion against a Lord Ordinary's decision dismissing a petition seeking reduction of a stop notice issued by the respondent planning authority in relation to works on a windfarm development for which the petitioner held planning permission, the court rejected all seven of the petitioner's grounds of appeal, holding, inter alia, that the Lord Ordinary did not apply the wrong test for interpreting the stop notice, had not erred by failing to hold that it was irrational for the notice to rely on a planning condition which had been discharged, and had not used a contemporaneous enforcement notice as an aid to construction of the stop notice.

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