Petition Of Cosmopolitan Hotels Limited Against Renfrewshire Council
Jurisdiction | Scotland |
Judge | Lord Tyre |
Neutral Citation | [2021] CSOH 116 |
Date | 09 November 2021 |
Docket Number | P356/21 |
Court | Court of Session |
Published date | 09 November 2021 |
OUTER HOUSE, COURT OF SESSION
[2021] CSOH 116
P356/21
OPINION OF LORD TYRE
In th e Petition
COSMOPOLITAN HOTELS LIMITED
Petitioner
against
RENFREWSH IRE COUNCIL
Respondent
Petitioner: Armstrong QC; Shepherd & Wedderburn LLP
Respondent: Burnet QC; CMS Cameron McKenna Nabarro Olswang LLP
9 November 2021
Introduction
[1] The petition er is the owner of part of an area of land (“the site”) adjacent to the
Erskin e Bridge Hotel in Renfrewshire. In the current Adopted Local Plan (2014), the site is
identified as part of a wider Tran sitional Area whose acceptable uses include residential use.
The petitioner has applied for planning permission in principle for residential development
of the site.
[2] The respondent (“the Council”) is in the final stages leading to adoption of a
proposed new Renfrewshire Local Development Plan (“the proposed LDP”). On 9 March
2021, the Council’s Communities, Housing and Planning Policy Board resolved to authorise
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Appeal By Angus Council Against Guild Homes (tayside) Limited
...of the determination of the Scottish Ministers, similar to the position in Cosmopolitan Hotels Ltd v Renfrewshire Council (unreported) [2021] CSOH 116. If the defender had considered that that determination were flawed it could have appealed it in terms of section 239, but it had chosen not......