Grahams The Family Dairy Ltd and another v Scottish Ministers

Town and country planning – Development in green belt – Refusal of planning permission. Court of Session: Allowing an appeal against a decision of the Scottish Ministers, dismissing an appeal against Stirling Council's decision to refuse planning permission for a development in the green belt comprising, inter alia, 600 housing units, the court held that the respondents had failed to take into account a relevant consideration and had purported to take into account an irrelevant one, notably in connection with the outcome of a local development plan process which had occurred between the date of a reporter's recommendation to the respondents and their decision, which was taken about a year later.

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