About this case

Case name

William Thompson & Son (Dumbarton) Ltd v The Scottish Ministers

Case reference number

XA9/26

Date of hearing

5 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 Appellant (William Thompson & Son (Dumbarton) Ltd)

• Agents: Brodies LLP
• Counsel: James Findlay KC

For Respondent (The Scottish Ministers)

• Agents: Scottish Government Legal Directorate
• Counsel: James Mure KC

Case description

The appellant operates a whinstone quarry at Sheep Hill, Auchentorlie, Old Kirkpatrick, West Dunbartonshire. Planning permission to work the quarry was originally granted on 3 November 1949, following an appeal. Subsequent to that planning permission being granted, in 1970, the Secretary of State designated Sheep Hill Fort (which lies within the quarry to which the 1949 planning permission applies) as a scheduled monument within the meaning of the Ancient Monuments Consolidation and Amendment Act 1913 and the Ancient Monuments Act 1931.

In 1984, Historic Scotland granted scheduled monument consent for the removal of part of the fort. In 2002, consent was granted for the complete removal of the fort, subject to a condition requiring archaeological excavation and recording. That consent lapsed in 2007. On 10 September 2021, the appellant applied to Historic Environment Scotland for scheduled monument consent to carry out quarrying operations that would result in the complete removal of the fort. The application was called in by the Scottish Ministers on 9 September 2022. Following a site visit and report by the appointed reporter, the Scottish Ministers granted consent on 31 August 2023 subject to three conditions. The appellant estimates that the cost to it of complying with those conditions will be several million pounds. It seeks compensation, pursuant to the Ancient Monuments and Archaeological Areas Act 1979, from the respondents for the cost of compliance.

Following a diet of debate (a legal argument hearing), the Lands Tribunal for Scotland determined that the appellant’s claim was excluded by section 7(3) of the 1979 Act and was therefore, irrelevant. The appellant challenges that decision.

The question for the court is whether the Tribunal correctly interpreted section 7(3) of the Ancient Monuments and Archaeological Areas Act 1979 as excluding the applicant and appellant’s claim, in terms of section 7(2)(a), for compensation for the cost of works to comply with conditions attached to scheduled monument consent.