About this case

Case name

Roseanna McPhee for judicial review

Case reference number

P247/25

Date of hearing

Tuesday 3 November 2026

Time of hearing

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

Division

First division

Judges

• Lord President
• Lady Wise
• Lord Clark

Agents and Counsel

For the Reclaimer (Ms McPhee )

• Agents: Drummond Miller LLP
• Counsel: Andrew Webster KC and Shaun McPhee

For the Respondent (Perth and Kinross Council)

• Agents: Harper Macleod LLP
• Counsel: Alasdair Burnet KC and David Blair

Case description

This is a reclaiming motion (appeal) by Roseanna McPhee, the petitioner and reclaimer, against the decision of the Lord Ordinary, refusing to quash a grant of planning permission by Perth and Kinross Council, the respondent.

By application of 18 October 2023, Wasted Degrees Holdings Limited applied to Perth and Kinross Council for planning permission for, amongst other things, a brewery, tap room and associated components at land south of Council Cottages, Ferry Road, Pitlochry. The proposed development site includes an area of, or at least adjacent to, ancient woodland. The development will involve removal of established trees with compensatory replanting. The reclaimer lives at Bobbin Mill, which is an area of historic interest to the Gypsy Traveller community, and is within 100m of the proposed development. The reclaimer, along with other residents, are Gypsy Travellers.

The reclaimer previously objected to the application for planning permission, but by decision of 5 June 2024, the respondent granted planning permission. The petitioner sought judicial review of that decision. The respondent conceded that it had acted unlawfully and the decision of June 2024 was reduced (quashed) by the court following the parties agreeing a settlement.

The respondent’s officers subsequently prepared a revised report, dated 23 January 2024, and the respondent reconsidered the application. By decision of 12 February 2025, the respondent granted planning permission, subject to various conditions. The reclaimer seeks judicial review of the decision of 12 February 2025 in this petition. On 5 November 2025, Lord Cubie refused the reclaimer’s request to quash the respondent’s decision. The reclaimer now seeks review of the Lord Ordinary’s decision of 5 November 2025.