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07/12/2023

Outcome of the JR: What Happens Next?

The ASSC is being inundated with queries as to what the second Judicial Review means interms of both the Planning Control Area and Licensing in Edinburgh (and beyond). The uncertainty continues. This is just one example:

“We were advised to apply for Planning Permission (PP) by City of Edinburgh Council and if refused there would be no point in applying for a licence to operate. 

Like 95/98% of others, we were refused PP mainly on the basis of the NPF4 argument and as such, we decided not to go any further and also did not apply for a Certificate of Lawfulness. 

1) Should we now apply for a licence to operate, bearing in mind that the Council might yet appeal Lord Braid’s ruling on Planning permission?

2) Do we wait and see what happens?

3) Do you think anyone will be reimbursed the costs for Planning fees and Planning consultants fees, plus loss of revenue from 1st of October 2023 onwards and is this something that will be chased?”

The ASSC is working with legal advisors and partners to identify best steps. Rest assured, we will distribute any updates as and when we are able to.

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