Judicial review is an unlikely option in attempts to prevent Lutton Court Business Centre buildings being turned into student housing.
The story so far. The application to build a student housing complex at the site of the Lutton Court Business Centre - between Lutton Place and Bernard Terrace - was refused by the Planning Committee on 16th March this year. (I am on the planning committee and amongst reasons for opposing it were concerns about the concentration of transient students in the area and the council planning guidance which advises that concentrations should not rise above 30% of the population)
The applicant appealed and the Scottish Government Reporter overturned the Planning Committee decision with a closely argued judgement. You can read the judgement here.
Following representation from local people the Council have obtained
- a legal view from its lawyers
- a legal opinion from a QC
Both of these conclude that the chance of success in challenging the appeal decision at a judicial review is poor.
And that is where matters currently stand. The Council has decided not to challenge the decision of the Scottish Reporter.
Meanwhile, the Planning Committee will be reviewing the 30% rule - though that review cannot affect any application which is already lodged.