The Inner House of the Court of Session quashed a decision of the Scottish Ministers to reject the recommendation of its Reporter and to grant planning permission for a rail freight interchange at Mossend. It did so primarily, and perhaps unusually, on the inadequacy of the reasons given for disagreeing with the Reporter’s reasoned recommendations to the contrary.
The Reporter had recommended rejection of the application. Lord Drummond Young, who provided the reasoned Opinion of the Court, acknowledged and applied recent English Court of Appeal authority which suggests fuller reasons are required in such circumstances. The decision can be found here.
James Findlay of Terra Firma appeared for the successful appellant, North Lanarkshire Council.