Appeal under section 238 of The Town and Country Planning (Scotland) Act 1997 by the Cairngorms Campaign and others, 21 September 2012
Outer House case in which the Cairngorms Campaign and others sought reduction of a decision by the Cairngorm National Park Authority to adopt the Cairngorm’s National Park Local Plan. In particular they complained about the adoption of development policies in the Local Plan which made provision for developments at Nethy Bridge (40 dwelling houses and business units), Carrbridge (up to 117 dwelling houses), An Camas Mòr (1,500 dwelling houses) and Kingussie (300 dwelling houses).
In a lengthy decision Lord Glennie rejected the campaigner’s arguments finding that, in adopting the Local Plan, the Park Authority had neither acted unlawfully or illegally (in the Wednesbury sense – i.e. it had not reached a decision that no reasonable person in that position properly informed of the facts could have reached) nor had it failed to give adequate reasons for its decision; the reasons given for the decision being clear. In coming to his decision, Lord Glennie also rejected a number of more specific arguments made by the campaigners.
The full judgement is available from Scottish Courts here.