O'Carroll: Anderson Strathern v Sir Crispin Agnew QC: Biggart Baillie.

South Lanarkshire Council passed plans for Scotgen to develop the Dovesdale Farm site in February 2011. The waste management facility has the capacity to handle up to 150,000 tonnes of waste every year. Campaigners from the Dovesdale Action Group went on to challenge the decision at the Court of Session in Edinburgh in October 2011. The challenge hinged on three allegations: first, that the committee had been misled by a report that indicated the development “did not fully accord” with the development plan; second, that it was irrational to grant an application that was significantly contrary to the development plan, without balancing material considerations; and third, that the planning authority had an interest in the development since it was likely to use it for waste disposal – and therefore it should have notified the significant development plan departure to Scottish Ministers under the Scottish Government’s notification rules. As regards the first, the report to the planning committee had to be read as a whole, and in fact it did acknowledge that the application represented a departure from the development plan, but set out a number of points the officer considered balancing factors. The committee was not misled. The Court rejected the third allegation, as it does not consider it can be said that the first respondent is likely to enter into a contract in relation to the development. There are two relevant tenderers in relation to the council's waste disposal obligations. One wishes to use the proposed South Lanarkshire site in question but the other would prefer to use a North Lanarkshire site. No decision has been made. In short, there is insufficient material to reach a conclusion that it is likely that the first respondents will enter into a contract that involves the proposed facility under discussion in this case to be used.