Dr. Christopher Robert James Killen & Mrs. Alison Killen v. Dundee City Council [2008] CSIH 43
Syndicated from Residential Property
Appeal from Sheriff Court:- The appellants were the proprietors of residential premises at 30 Constitution Crescent, Dundee and the respondents were the licensing authority for the administration of licensing in relation to activities in connection with which licences are required in terms of section 2(2) of the Civic (Government) (Scotland) Act 1982. Around June 2006, the appellants submitted an application to the respondents seeking a licence for the premises at 30 Constitution Crescent, Dundee, as a house in multiple occupation for occupancy by four tenants. At a meeting on 14 June 2007, the Licensing Committee decided to refuse the appellants' application mainly due to the designation of the development area as a 'Home Zone' where the purpose of such developments is to provide a quiet, safe and stable environment for the likes of retired people and families and that could not be achieved if there were houses of multiple occupation in the midst of such an area. The appellants appealed to the sheriff against the decision of the Licensing Committee and sought the reversal of the decision taken on 14 June 2007 and also a finding that they were entitled to the licence sought. By interlocutor dated 17 October 2007, the sheriff refused the appeal. The appellants appealed to the Court of Session. It was submitted that the sheriff erred in holding that:- (1) the designation or otherwise of a road as a Home Zone was irrelevant to the issue of whether the premises were suitable for use as an HMO; (2) 'it was reasonable and responsible for the respondents to have the view that Home Zones are primarily for families and older people and that HMOs do not fall within the desired ethos or makeup of a Home Zone.' ; and (3) having held that there was no basis for a finding of lack of suitability due to possible problems with tenants, he should have held that there was no basis for refusal under paragraph 5(3)(c) of the first Schedule to the Civil Government (Scotland) Act 1982 and should have reversed the respondents' decision. On behalf of the respondents it was submitted that the court should refuse the appeal and affirm the decision of the sheriff. Here the court considered the nature of Home Zones under section 74 of the Transport (Scotland) Act 2001and whether the existence of such a designation could be seen as inconsistent with the grant of a licence for a house in multiple occupation.
Have you found this article useful?
Let us know if something's wrong
If this article is miscategorised, misleading, incorrect or inappropriate for FreeLegalWeb, please let us know. We'll review the article and, if necessary, take action.