About this case

Case name

Stephen G Dalton & Son v The Scottish Ministers and another

Case reference number

XA60/25

Date of hearing

Tuesday 28 April 2026

Time of hearing

10:30 to 13:00 then 14:00 until conclusion

Division

First Division

Judges

• Lord President
• Lady Wise
• Lord Ericht

Agents and Counsel

For the Appellant (Stephen G Dalton)

• Agents: Burness Paull LLP
• Counsel: James Findlay KC and Alasdair Sutherland, sol adv

For the Respondents (The Scottish Ministers)

• Agents: Scottish Government Legal Directorate
• Counsel: Alexander Sutherland

For the Interested Party (The City of Edinburgh Council)

• Agents: The City of Edinburgh Council Legal Department
• Counsel: Douglas Armstrong KC 

Case description

The appellants, Stephen G. Dalton & Sons, applied to the City of Edinburgh Council for planning permission to demolish the existing industrial buildings at their scrapyard at 52 – 66 Salamander Street in Leith, and erect in their place a mixed-use residential development mixing build-to-rent flats and purpose-built student accommodation.

On 5 February 2025, the Council refused the application and Dalton appealed to the Scottish Ministers. The Ministers appointed a reporter under section 47 of the Town and Country Planning (Scotland) Act 1997 to decide the appeal. The reporter refused Dalton’s appeal. Dalton now exercise their right under section 239 of the 1997 Act to appeal the reporter’s decision to the Inner House of the Court of Session.

Dalton argue that the reporter made errors of fact and law and acted unfairly. They submit first that the reporter mischaracterised purpose-built student accommodation as a “Class 8” use under the Town and Country Planning (Use Classes) (Scotland) Order 1997, when in fact it is sui generis. This error infected his consideration of the appeal, and caused procedural unfairness. Second, Dalton argue the reporter erroneously distinguished purpose-built student accommodation and housing, when in fact such accommodation is a type of housing. Third, the reporter made an error as to how the site was dealt with in the development plan. Finally, the reporter erred in concluding there was no justification for Dalton’s intended split between build-to-rent flats and student accommodation.

The Scottish Government defend the reporter’s decision and ask that the appeal be refused. The Council have also entered process as an interested party.