Introduction

The case of Saqib Deen, trading as Apex Services against the Scottish Ministers ([2024] CSIH 35) presents a pivotal examination of the enforcement of planning controls pertaining to listed buildings in Scotland. The appellant, Saqib Deen, operates Edinburgh Leith Guesthouse Limited and undertook unauthorized alterations to a Category B listed semi-detached villa at 11 Pilrig Street, Edinburgh. This commentary delves into the Court of Session's decision, exploring the legal principles established, the court's reasoning, and the implications for future cases involving listed buildings and planning law.

Summary of the Judgment

The appellant, Saqib Deen, carried out internal refurbishments to subdivide large rooms into separate bedrooms and converted the property for short-term lets without securing the necessary listed building consent. The City of Edinburgh Council refused the consent applications, citing detrimental effects on the building's character. Subsequently, enforcement notices were issued requiring the cessation of unauthorized use and restoration of the property to its original condition. Deen appealed these notices, asserting legal errors by the reporter. The Scottish Court of Session upheld the reporter's decisions, affirming the strict enforcement of planning and listed building regulations.

Analysis

Precedents Cited

The judgment extensively references key precedents and statutory provisions that shape Scottish planning law:

• Cameron v Scottish Ministers [2020] CSIH 6 – Emphasizes that the determination of a change of use is primarily a factual question for the reporter.
• Liddell v Argyll and Bute Council [2020] SLT 956 – Establishes that site visits are not always necessary if the decision-maker has sufficient information to assess the planning implications.
• Simson v Aberdeenshire Council 2007 SC 366 – Highlights the broad discretion granted to planning authorities in decision-making.
• Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759 – Introduces the principle that courts should not interfere with planning decisions unless they are Wednesbury unreasonable.
• Wordie Property Co. Ltd v Secretary of State for Scotland 1984 SLT 345 – Addresses procedural impropriety in planning decisions.

Legal Reasoning

The court's analysis centered on whether the reporter, appointed by the Scottish Ministers, acted within the scope of his legal authority and applied the law correctly:

• Listed Building Consent: Under Section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, any alteration affecting the character of a listed building requires authorization. The reporter concluded that the subdivisions significantly impacted the building's historical and architectural integrity, justifying the refusal of consent.
• Change of Use: The transition from a Class 9 residential use to a Class 7 guesthouse without proper consent constituted a breach of planning control. The enforcement notices mandated the cessation of unauthorized use and restoration of the property's original layout.
• Site Visits: The appellant argued that an internal inspection was necessary to understand the extent of alterations. However, referencing Liddell v Argyll and Bute Council, the court held that the reporter's reliance on existing documentation and external inspections sufficed for a legal determination.
• Discretion and Wednesbury Unreasonableness: Citing Tesco Stores Ltd, the court underscored that the reporter's decisions were within the bounds of reasonable planning judgment, dismissing claims of unreasonableness.

Impact

This judgment reinforces the stringent application of planning laws regarding listed buildings. Key implications include:

• Strict Enforcement: Property owners must secure appropriate consents before undertaking alterations or changing the use of listed buildings.
• Discretion of Planning Authorities: Authorities possess broad discretion in assessing applications, and courts will defer to their expertise unless a clear legal error is evident.
• Documentation Sufficiency: Comprehensive documentation, including floor plans and photographs, may negate the necessity for internal site visits.
• Precedent for Future Cases: The decision serves as a reference point for similar cases, particularly in assessing the impact of internal alterations on a building's historical character.

Complex Concepts Simplified

Listed Building Consent

Listed Building Consent is a legal requirement for any changes that might affect the character of a building deemed of special architectural or historic interest. This ensures that alterations preserve the building's integrity.

Change of Use

A change of use refers to altering the functional purpose of a property, such as converting a residential building into a commercial guesthouse. Such changes often require planning permission to ensure they align with local regulations and community standards.

Wednesbury Unreasonableness

A legal standard used to assess whether a decision made by a public authority was so unreasonable that no reasonable authority would ever consider imposing it. In essence, it prevents arbitrary and capricious decisions.

Conclusion

The Court of Session's decision in Saqib Deen v Scottish Ministers [2024] CSIH 35 underscores the judiciary's commitment to upholding the integrity of Scotland's listed buildings through rigorous enforcement of planning laws. By affirming the reporter's decisions, the court emphasizes the necessity for property owners to adhere strictly to planning and conservation regulations. This judgment serves as a crucial reminder of the balance between property development and heritage preservation, ensuring that Scotland's architectural legacy is meticulously maintained for future generations.