City of Edinburgh Council v Secretary of State for Scotland and Others [1997] UKHL 38
City of Edinburgh is a leading House of Lords authority on the plan-led system. It explains how the statutory priority given to the development plan works alongside other material considerations.
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- Neutral citation
- [1997] UKHL 38; [1997] 1 WLR 1447; [1998] 1 All ER 174
- Court
- House of Lords (Scotland)
- Judgment date
- 16th October 1997
- Judge
- Lord Browne-Wilkinson, Lord Mackay of Clashfern, Lord Steyn, Lord Hope of Craighead and Lord Clyde
The development plan has statutory priority
Lord Clyde explained that the legislation gives the development plan a priority in planning decision-making. The decision-maker must identify and understand the relevant policies and determine the application in accordance with the plan unless material considerations indicate otherwise.
There is no rigid two-stage formula
The statutory duty does not prescribe a mechanical process in which the development plan is considered and then either retained or discarded. The plan and the other material considerations must be brought together in the planning judgment required by the legislation.
The weight given to relevant considerations is generally a matter for the planning decision-maker, subject to public-law principles.
Why City of Edinburgh still matters
The statutory wording considered in Scotland was an important predecessor of the modern plan-led duty. The reasoning has repeatedly been used in later English cases when explaining section 38(6) of the Planning and Compulsory Purchase Act 2004.
Read the judgment
A clean official House of Lords copy is available from Parliament: City of Edinburgh Council v Secretary of State for Scotland.
Planning Geek also holds the full judgment in the protected case law library. Gold Members can open it below.
City of Edinburgh Case Law Page Updated: 11th September 2026