Scottish Human Rights Law Group

Lafarge Redland Aggregates Ltd v Scottish Ministers

May 2, 2009 | No Comments

The Lord Ordinary held that the Scottish Ministers’ failure to determine the pursuers’ application for planning permission for the development of a “superquarry” at a site on the Isle of Harris for which permission had first been sought in March 1991 was in breach of the pursuer’s Article 6 rights to have a contestation over their civil rights determined within a reasonable time.

The Lord Ordinary held that the pursuer’s property rights, in the form of a 99 year lease of the site for which planning permission was sought were clearly a civil right within the meaning of Article 6(1) and that there was a dispute involving the pursuer’s civil rights, evidenced by an inquiry which heard evidence for and against the application.

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Art. 06 Right to a Fair Trial, Environmental and Planning Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.

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