Axiom Advocates Consider Pitfalls Of Planning Law

Taking place on Thursday 19 March, the third Axiom Advocates Third Thursday Lecture (TTL) of 2009 will focus on planning law.

Chaired by Jonathan Lake QC, the Lecture will feature talks from Heriot Currie QC and Ruth Crawford QC.

Heriot Currie QC will present a talk entitled 'Title and interest to sue in judicial review of planning decisions'.

The starting point in any litigation for assessing a party's title and/or interest to sue is the case of D&J Nicol v Dundee Harbour Trustees 1915 S.C. [HL] 7. It has, however, proved problematic to apply the test from that case to the common situation of a party with no statutory right of appeal who, nevertheless, wishes to challenge an ultra vires grant of planning permission. Heriot Currie's talk will review the case law on this important subject.

Ruth Crawford QC will then consider the validity of planning agreements under section 75 of the Town and Country Planning (Scotland) Act 1997.


Section 75 agreements are increasingly used by planning authorities to secure developer contributions in money or in kind to offset the infrastructural impacts and requirements of developments and where necessary to provide bonds for reinstatement.

However, there are concerns that these agreements may breach the axiomatic principle that "planning consents cannot be bought and sold". Entitled "Buying and selling planning permissions", Ruth Crawford's talk will explore these concerns and will look at some of the commonly encountered circumstances in which planning agreements are used. The talk is intended to provide an overview of the validity of section 75 agreements and to address their proper place in the planning process.

The event is open to practising solicitors and planning consultants and takes place at the Mackenzie Building, Old Assembly Close, High Street, Edinburgh. It is free of charge and eligible for CPD. Coffee will be served from 4.15pm. The talks will run from 4.30pm to 5.30pm and will be followed by drinks.

Anyone interested in attending the event should contact Scott Gray, deputy clerk at Axiom Advocates, at scott.gray@axiomadvocates.com.

The fourth lecture in the 2009 Third Thursday series will take place on the 21st May. Chaired by Heriot Currie QC, it will focus on public procurement and will feature talks from David Johnston QC and Mark Lindsay.

(GK/JM)