Burness takes up challenge to Scottish minister in Lafarge case
Legal Week Reports
August 09, 2000 at 08:03 PM
2 minute read
Edinburgh firm Burness is to lead the first Scottish judicial review challenge after Scottish environment minister Sarah Boyack failed to come to a decision on a planning application the firm handled 10 years ago for quarrying giant Lafarge Redland Associates.
Head of the firm's planning
and environmental group, partner Martin Sales, lodged an application at the Court of Session last week in an attempt to force the minister
to make a decision on Scotland's longest-running planning inquiry.
Lafarge aims to build a quarry on the Isle of Harris, and has waited almost 10 years for the planning issues to be settled. Boyack wishes
to delay until the main objector, Scottish Natural Heritage (SNH), makes a report.
"This is the first major challenge against the Scottish Executive," Sales said. "It is the minister's duty to make a decision, but it has been sat on for more than a year.
"After 10 years there should be enough information. We argue that to delay for SNH, the principle objector, is tantamount to looking for a reason to refuse." Sales claims this breaks Article Six of the Human Rights Act: the right to a fair trial.
He will also argue that, by failing to reach a decision, the Executive is in breach of its statutory duty.
Should the challenge succeed, it would not necessarily mean Lafarge will be granted permission, only that a decision will be made.
If there is no further delay, the hearing will take place in mid-September. Solicitor-General Neil Davidson is expected to appear for the Executive.
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