Planning & Judicial Review

Planning Application Challenge

How do you challenge a major planning decision where investment performance and town-centre impacts are at risk?

Scottish Ministers promoted the former Ravenscraig Steel Works as a new town incorporating around 1 million sq ft of retail, with the shopping centre proposed ahead of the housing. The concern was the potential effect on established West Central Scotland town centres and investment performance.

Approach

Standard Life and Land Securities jointly assessed the planning and commercial implications, appointed planning consultants and solicitors and challenged the decision by judicial review on the basis that the Scottish Government had acted ultra vires. The client-side role covered assessment of investment impact, coordination with Land Securities, adviser appointments, budgets and cost control, Board approvals, prospects of success, communications and reputational risk.

Outcome

• Three-year process through the Court of Session and ultimately the House of Lords
• Scottish Ministers succeeded on final appeal
• Proposed retail-led development did not subsequently proceed
• Planning, legal, commercial and reputational considerations coordinated throughout

Planning disputes require the same disciplined combination of evidence, property judgement, policy understanding, legal strategy, governance and commercial decision-making.