Elsick Development Co Ltd v Aberdeen City and Shire Strategic Development Planning Authority

Town and country planning – Statutory Supplementary Guidance. Court of Session: Allowing an appeal by the developers of a new community on land around Elsick, Stonehaven, who entered into an agreement with Aberdeenshire Council providing for payments by the owners of the land to a Strategic Transport Fund (STF) in terms of non-statutory Supplementary Planning Guidance (SPG), which was subsequently converted into statutory form, the court concluded that any obligation on the development at Elsick to pay a contribution to a STF designed to pay for infrastructure upgrades was not lawful, having regard to the terms of Scottish Government Circular (3/2012), and it quashed the supplementary guidance.

Category: