In a lengthy Opinion running to some 180 pages Lord Glennie dismissed a series of detailed challenges to four separate housing allocations in the Cairngorms National Park Local Plan at Carr-bridge, Nethy Bridge, Kingussie and An Camas Mor.  He accepted the submissions of Douglas Armstrong Q.C. representing the Park Authority, and James Findlay, representing three separate housing developers, both of Terra Firma, that the Park Authority had acted lawfully in coming to the decisions that it had in respect of these allocations. 

It is not possible in a short bulletin to do justice to the careful and detailed consideration contained within Lord Glennie’s Opinion, which repays careful reading, but two points of principle are clarified.  First, the learned Judge re-emphasised that challenges to the reasonableness of and reasons for decisions have to be considered in context and approached on the basis of parties who are well aware of the background circumstances and arguments.  The case demonstrates the difficulties of mounting a challenge to a planning authorities development plan decisions.  Secondly, he undertakes a useful analysis of the application of Regulation 48 of the Habitats Directives to development plans and concludes that whilst there must be an Appropriate Assessment at the stage of drawing up a Local Plan the decision maker is entitled to have regard to the policies and control measures in that Plan in reaching conclusions as to the likelihood of a proposal having an adverse effect upon the integrity of a site (or indeed species).

To read the full judgement click here.