The Court of Session has upheld an application by FSH Airport (Edinburgh) Services Ltd raising an objection to the finalised Rural West Edinburgh Local Plan prepared by City of Edinburgh Council. FSH Airport (Edinburgh) Services Ltd objected to the Plan’s designation of their site as an area of importance for flood control.

Two reporters heard evidence at a public inquiry and recommended that that designation should be deleted from the plan. City of Edinburgh Council however decided not to accept that recommendation and to adopt the plan. The applicants challenged that decision on two grounds, first that the decision was ultra vires and secondly that their interests were prejudiced by the respondents’ failure to comply with the statutory requirement to give reasons for their decision.

In upholding their application, the Judge quashed the plan, in part, by deleting the site designated on the Proposals Map as being an area of importance for flood control purposes of Policy E45.

The text of the full decision in this case is available via this link.

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