Ralph Smith QC and Roy Martin QC of Terra Firma Chambers successfully appeared for the first and second respondents respectively in the appeal to the UK Supreme Court by G Hamilton (Tullochgribban Mains) Ltd v The Highland Council and Breedon Aggregates Scotland Ltd. This case concerns applications for review of mineral planning permissions known as “ROMP” applications under schedule 9 of the Town and Country Planning (Scotland) Act 1997. Schedule 9 sets out detailed procedures. Under “stage 1” there is a procedure whereby existing mineral sites are listed by the planning authority. The statute provides that the underlying planning permission ceases to have effect should a site not be listed by a certain date. Under “stage 2” the operator is required to apply for modern planning conditions in order to work the site.
The petitioners contended that by reference to a map used in the listing process only a small part of the site had been listed in stage 1. It was argued planning permission for the remainder had ceased to have effect. They challenged the application in stage 2 on this basis. The Lord Ordinary and Inner House had held that the planning authority was not entitled or obliged under the regulations to restrict the underlying planning permission under stage 1 and that in any event the council did not purport in the listing process to cut down the permission. The Supreme Court unanimously upheld the decisions of the Court of Session.
In addition to Ralph Smith QC and Roy Martin QC, James McNeill QC, Morag Ross, Marcus Mackay and Donald Davidson also appeared.
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