Section 65 of the Town & Country Planning Act

in attempting to challenge the proposed Virgin Hotel at the Court of Session, due to the very limited arcane nature of the process, where neither the merits nor the facts of the case were taken into consideration, only points of law, the Court repeatedly deferred to the fundamentally flawed planning judgement of the Council (which had seemingly been wholly informed by the developer’s assessments), in spite of the so called ‘independence’ of the judiciary.


So in spite of all the effort in taking the case to Judicial Review, as a final action supporters are encouraged to lobby representatives in the Council and Parliament to action Section 65 of the Town & Country Planning Act (1997) Scotland, which though seldom used has the power to revoke planning permission if deemed ‘expedient’.


As a statutory body that has firmly objected to the proposed hotel development throughout the process The Old Town Community Council has produced a detailed assessment of the case, a summary of which together with grounds for actioning Section 65 is available to download here:


To contact representatives at the Council and the Parliament click here:


For a template letter see:



Let There Be Light!