Douglas Armstrong QC

Contact Details Tel (Clerk): 0131 260 5830 Fax (Clerk): 0131 225 3642 Email: [email protected]

Address Terra Firma Chambers, Parliament House, , EH1 1RF DX 549302, Edinburgh 36; LP 3, Edinburgh 10

Douglas Armstrong QC is highly respected for his work across a range of planning matters. He has particular expertise in matters relating to renewable energy and large-scale infrastructure projects, but also represents clients in the public and private sectors in connection with residential, retail, transportation and waste management projects. "Douglas is the go-to silk for high-value planning inquiries and appeals to the Court of Session." "He has the tremendous ability to zero in on the key issue and is a master tactician." "He is superb and he very quickly assimilates into the team." Chambers and Partners UK, 2021 (Leading Silk, Band 1)

Biography

Douglas Armstrong's principal areas of practice cover Planning, Environmental, Property, Local Government, Administrative, Constitutional and Licensing law. He has appeared at inquiries, hearings and challenges concerned with a wide range of matters including residential and retail development, landfill/waste, mineral, flooding, roads, infrastructure, compulsory purchase, renewable energy generation proposals, enforcement notices, listed buildings and local plans. He has represented developers, planning authorities and special interest groups. Douglas advises on Development Plan policies, large infrastructure (including roads, rail and bridge) proposals, Section 75 Agreements and Performance Bonds and Environmental law issues including contaminated land. He has appeared in the Court of Session in statutory appeals and judicial reviews. Douglas has appeared in the Supreme Court.

Douglas has advised on major public procurement and competition law issues. Douglas has appeared in relation to numerous licensing matters including a number of recent cases in relation to the Licensing () Act 2005 and the Civic Government (Scotland) Act. He has advised on Licensing policy under the 2005 Act and in relation to Taxi and Entertainment licenses. He has appeared before Licensing Boards. Douglas has advised on Rating and Valuation matters. He has advised on Core Path Plans and access rights and has appeared in the Lands Tribunal and the Land Court. Douglas has advised numerous local authorities and interested parties on Administrative, Local Government and Election law. Douglas regularly advises on Public Law Matters and has appeared and advised on Regulatory Crime matters.

Testimonials

Chambers and Partners UK Directory:-

(2020) (leading Silk - Band 1): "Involved in most of the major planning cases in Scotland. He is excellent to deal with." "An excellent QC. He is in a small group of exceptional planning silks in Scotland."

(2019) (leading Silk Band 1): "Very good on his feet and very hard working"; "He has a strong grasp of

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(2018) (Leading Silk - Band 1): "One of Scotland's leading planning seniors. He builds a good rapport with clients, is thorough and accurate in his analysis, and is widely respected by his peers."

(2017) (Leading Silk - Band 1): "He is very approachable and excellent in consultations with clients." "One of Scotland's leading planning seniors. He builds a good rapport with clients, is thorough and accurate in his analysis, and is widely respected by his peers."

(2016) (Leading Silk - Band 1): "He is very experienced and able to present complex planning arguments to the court in a structured and understandable way. He has an outstanding knowledge of all the case law."

(2015) (Leading Silk - Band 1): "He thinks very strategically - there's always a game plan - and he gives very pragmatic, sensible advice." "He very quickly becomes part of the team. He's approachable, an excellent communicator and pretty damn brilliant on his feet."

Appointments

Vice-Chairman, Terra Firma Chambers, 2008-2012

Memberships

Member of various ad hoc committees of the Faculty of Advocates

Recent Cases

Red John, near Inverness - planning permission granted by Scottish Ministers for construction and operation of Pumped Storage Hydro Scheme. Appearing for developers, Intelligent Land Investments. 64-66 Seafield Road Planning Appeal reference PPA-230-2316. Appearing for Lidl Great Britain Ltd. Ogilvie Homes Limited v Scottish Ministers [2021] CSIH 8 (interpretation of development plan policies). MacTaggart & Mickel and Others v Council (2020) CSIH 44 (Successful challenge and quashing of LDP Chapter on Housing Land). New Ingliston Ltd v Edinburgh Airport Ltd [2020] CSOH 64 (validity of Option Notice) Bridges Antonine LLP v Council (2020) CSOH 38 (Retail development judicial review). Persimmon Homes Limited v Scottish Ministers (2019) CSIH 30 - planning appeal. Apprentice Boys of Derry v City Council (2019) SC GLA 80, 1 October 2019 - public procession case. Roddam Home and Another v City of Edinburgh Council, Edinburgh Sheriff Court, 24 April 2019, statutory interpretation of the Edinburgh District Council Order Confirmation Act 1991 - statutory notices (case reference No A411/18) Windy Standard III Wind Farm Inquiry (DPEA Reference WIN-170-2003) Golden v Scottish Ministers and City of Edinburgh Council (Court of Session Ref XA53/18 - statutory appeal - short term lets) Gladman Developments Limited v Scottish Ministers (2018) CSIH17 (challenge to Clydeplan) Jordanhill Community Council v and CALA [2018] CSOH11 (Judicial Review of Local Authority Decision) Simon Byrom v City of Edinburgh Council [2018] CSIH 3 (Inner House opinion), and 4th January 2018, Statement of Reasons on PEO. Patton v East Council and Taylor Wimpey [2017] CSOH 158 (Judicial Review) RSPB v Scottish Ministers and Neart na Gaoithe Offshore Wind Limited (19th July 2017), Inner House Decision on application to appeal to the Supreme Court. Simon Byrom v City of Edinburgh Council [2017] CSOH 135 (Judicial Review - listed building and air quality issues) Council v Royal Sun Alliance Insurance [2017] CSOH 15 (commercial action - proof)

2 of 3 RSPB v Scottish Ministers and Neart na Gaoithe Offshore Wind Limited (2017) CSIH 31 (Reclaiming Motion Judicial Review) v Royal & Sun Alliance Insurance (2017) CSOH 28 (Commercial Action - Section 75 Agreement) Glasgow Queen Street Station. Transport and Works Order Inquiry (for lead objector). ASDA v City Council (Judicial Review) (2017) Taylor Wimpey v Scottish Ministers (Statutory Appeal) [2016] CSIH 94 Hamcap v NorthLanarkshire Council (unreported 24 November 2016) (permission to proceed in Judicial Review) Co-Operative Group Ltd v Glasgow City Council 2016 CSOH 88 (Judicial Review) Stranoch Wind Farm, Section 36 Consent, 8 July 2016: Reference WIN-170-2000 Gibson v Scottish Ministers and Scottish Power Renewables (2016) CSIH 31 (expenses) Corlic Hill Wind Turbine Appeal, Planning Appeal Ref: PPA-280-2022 (17 May 2016) St Andrews Environmental Protections Association Limited v Fife Council (2016) CSIH 22 Harestanes, Section 36 wind farm, decision of the Scottish Ministers (Case Reference WIN-170-2001) Scarborough Muir Group Limited v Scottish Ministers (2016) CSIH 5 (Forth Bridge Crossing case) Gibson v Scottish Ministers and Scottish Power Renewables (2016) CSIH 10 (PEO decision) Clean Power Properties Limited v Council Planning Appeal (PPA-380-2049), decision dated 14 August 2015 - energy from waste proposal. Gibson, re Judicial Review (2015) CSOH 41 Grange Estates and Others v Network Rail, Lands tribunal Scotland, compensation claim for Borders Railway (2015) Central Radio Taxis (Tolcross) Limited v City of Edinburgh Council (Sheriff Court 24 March 2015) St Andrews Environmental Protection Association Limited v Fife Council [2015] CSOH 27 Storey Homes v Dumfries & Galloway Council, Planning Appeal (PPA-170-2093), decision dated 23 December 2014 - housing proposal involving noise issues. Tesco Stores v Perth & Kinross Council (2014) CSOH 153 Ross Estates v Scottish Ministers (2014) CSIH 74 (appealed to Supreme Court) Trump International v Scottish Ministers and Offshore Wind Farm Limited [2014] CSOH 22 The Firm of Archid v Dundee City Council (2013) CSOH 137 The Watling Street cases Network Rail Infrastructure Ltd v Scottish Ministers (2013) CSIH 64 Cairngorms Campaign & Ors v Cairngorms National Park Authority (2013) CSIH 65A; (2012) CSOH 155 (appealed to Supreme Court) Tesco Stores Ltd v Dundee City Council (2012) UKSC 13; (2011) SC 457; (2010) CSOH 128 North Lanarkshire Council v Scottish Ministers (2013) CSIH 58; (2012) CSOH 150 Robertson Property and Ors v Council and Anr (2012) CSOH 72 Invergordon Energy from Waste Inquiry 2012 Penelope Uprichard v Scottish Ministers (2013) UK SC 21; (2012) SC 172; (2010) CSOH 105 Buzzworks Leisure Ltd v Licensing Board (2012) SLT 442 Shore Energy - Energy from Waste Inquiry Hallam Land Management Limited v Edinburgh City Council and Anor (2011) SLT 965 Ross Estates v Scottish Ministers (challenge to Energy for Waste proposal) Portobello Waste Transfer Station Inquiry - Appeal by Viridor Waste Management Ltd against the decision by City of Edinburgh Council (8 June 2010) ROC UK Limited v City of Edinburgh Licensing Board (2010) SLT (Sh. Ct.) 247 BP Oil UK Limited v City of Edinburgh Licensing Board (2011) SLT 491 Penelope Uprichard v Fife Council (2010) SCLR 184 Commonwealth Games Village CPO Inquiry Bar Budda Enforcement Notice Appeal 2009 Cairngorms National Park Local Plan Inquiry 2009 Lower Kilmardinny/Westpark Planning Inquiry Aviemore Resort Limited v Cairngorms National Park (14 January 2009) and 2009 SLT (Sh.Ct) 97, (2009) SC 121

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