Our Advocates

Professional Information:

Year of Call: 1979
Year of Silk: 2008
Devil Masters: The Right Hon.Lord Hardie, A G C McGregor QC
Qualifications: LL.B (Hons)


Biography:

Steven Stuart was formerly a lecturer in Scots Law at the University of Dundee (1979-1986). He has particular interest in and substantial experience of planning, licensing, valuation and rating, local government, construction and land law including leases and agricultural law. He has been appointed as a Reporter by the Court of Session in an application for authority to dispose of common good land and has advised local authorities in respect of common good issues. He regularly represents Assessors in valuation matters. He has appeared in many public inquiries dealing with a wide range of development proposals including housing, retail, windfarm, landfill, and an electricity inter-connector. He has appeared in a number of local plan inquiries, most recently for developers in respect of housing proposals at the Angus Local Plan Inquiry. He has advised and appeared in title condition discharge applications and compensation claims before the Lands Tribunal including one in respect of a wayleave under the Electricity Act. He has also appeared in a considerable number of firearms appeals and has advised both Chief Constables and certificate holders. He has appeared before the Court of Session, including, frequently, the Lands Valuation Appeal Court, the Sheriff Court, Land Court, Lands Tribunal for Scotland, Valuation Appeal Committees, Licensing Boards, Arbitrations, Planning Committees and the Transport Authority.


Membership:

Scottish Planning, Local Government and Environmental Law Bar Group


Personal interests and hobbies:

Walking, Gardening, Horse Racing (spectator) and Film Noir


Publications: 

• Co-author of “Scottish Civic Government Licensing” (2nd ed. W Green)
• Co-annotator of Civic Government (Scotland) Act 1982 in Division E of Parliament House Book
• Author of Chapter on Scottish Planning Law in “Architects Legal Handbook (8th ed. Elsevier)

• J D Wethersoon v Lothian Regional Assessor, Lands Valuation Appeal Court, 2003 SC 400 (valuation of licensed premises, over-performance)
• G S Brown Construction Ltd v SP Transmission Ltd, Lands Tribunal for Scotland, 30 May 2003 (disputed compensation claim under Electricity Act)
• Morrison (GP) Ltd v Central Scotland Assessor, Lands Tribunal for Scotland, [2004] RA 76 (valuation of retail units in factory outlet centre)
• Gordon v Assistant Chief Constable, Tayside Police, Sheriff Principal R A Dunlop QC, 28 September 2004, Perth Sheriff Court (firearms appeal, grounds for interfering with sheriff’s decision)
• City of Edinburgh Council v 3Maxblack LLP 2005 SLT (Sh. Ct.) 86 (extension of time for determining taxi licence application)
• Magell Ltd v Dumfries & Galloway Regional Assessor, Lands Valuation Appeal Court, 2005 SLT 453 and 2006 SC 627 (significance of market rent in valuation)
• Davis v Chief Constable, Central Scotland Police, Sheriff Principal R A Dunlop QC, 5 September 2005, Alloa Sheriff Court (firearms appeal, test in respect of danger to public safety or peace)
• Stephen v Innes Kerr 2006 SLT 1105 (joint agricultural tenancy, notice to quit on death of one tenant)
• Carr v Dumfries & Galloway Council, Sheriff K Ross, Dumfries Sheriff Court, 21 August 2006 (HMO licence appeal)
• Matalan Retail Ltd v Assessor for Renfrewshire VJB 2007 SC 663 (reinstatement of dismissed appeal)
• Suburban Taverns (Glasgow) Ltd v Assessor for Glasgow, Lands Valuation Appeal Court, 2008 SC 298 (meaning of “fair maintainable turnover”)
• Site Projects Ltd v Scottish Ministers, 2008 SLT 445 (validity of advertisement enforcement notice)
• Killen v Dundee City Council 2008 SLT 739 ( HMO licence- whether committee and sheriff erred in law in respect of decision on suitability of premises)
• Highland Council v Highland & Western Isles Valuation Appeal Committee 2009 SC 1
  (whether VAC erred in its approach to determining "sole or main residence" in Council Tax appeal)
• Burgess-Lumsden v Aberdeenshire Council 2009 SLT (Sh. Ct.) 117 ( prescription of reversionary right to former school property - Title Conditions(Scotland) Act 2003, section 86)
• Mcgregor v Collins-Taylor, Lands Tribunal for Scotland, 14 May 2009, LTS/TC/2007/32 ( variation of title condition prohibiting residential development)
• Planning Appeal -Windfarm, Oxton, Scottish Borders P/PPA/140/262
• Planning Appeal - Windfarm, Kildrummy, Aberdenshire P/PPA/110712  
• Planning Appeal – Windfarm, Laurencekirk: P/PPA/110/504
• Planning appeal - Supermarket, Loop Road, Stonehaven: P/PPA/110/576 

• Delivered paper on “European Convention of Human Rights and Agricultural Law” at Joint Seminar on Agriculture by Agricultural Law Association and WS Society, 15 June 2006
• Delivered "Case Law Update" paper at Joint Seminar on Agriculture for Agricultural Law Association and WS Society on 16 June 2008