The issued related to a thin strip of land extending to 0.075ha which was intended to be compulsory purchased as part of the city’s plans to develop a new tram line. The council had granted a certificate in 2010 only for use relating to tram works which the appellants opposed on the basis that it had also been used as a car park.
The reporter found that that no account had been taken of an extant permission for offices, which complied with adopted planning policy in 2005, and he saw no reason why the certificate should not be re-issued to include such a use. In this regard he disagreed with the appellants in their contention that it should also encompass car parking because it would have been contrary to national and local policy at the time. Costs were awarded in favour of the appellants.
Reporter Dannie Onn; Hearing
