St Andrews Environmental Protection Association Ltd, petitioner

Town and country planning – Grant of planning permission – New school. Court of Session: Allowing a reclaiming motion in judicial review proceedings challenging the grant of planning permission in principle for a new secondary school in the green belt and on prime agricultural land, contrary to the terms of the development plan, the court held that the planning authority had adopted an erroneous approach and was diverted from the planning judgment it required to carry out if properly exercising its jurisdiction: the full council was effectively told that it should ignore the issue of whether the green belt could be protected by using an urban site, because the applicant, the education authority, had already considered the matter and its decision was determinative.

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