Plan Development - Legal Challenge

A legal challenge to approved NEST was lodged by the Scottish House Builders Association (now Homes for Scotland) under s238 of the Town & Country Planning (Scotland) Act 1997. It challenged the way in which the Scottish Executive had considered the publication by the two authorities of the 2001 Strategic Forecasts in so far as they did not modify the plan in response to these forecasts and sought the interim suspension of the operation of Chapter 3 of the approved Structure Plan which deals with housing. 

The Scottish Executive, Aberdeen City Council and Aberdeenshire Council agreed to defend the Structure Plan against the legal challenge and the case was heard hearing before Lord Wheatley in the Court of Session on 6th and 7th March 2002.