Can Community Bodies Enforce A Title Condition?

Communities often have a keen interest in what goes on in their neighbourhood, particularly when that involves development, or a change of use of local facilities.

However, while any interested party can make representations about a planning application, the position is quite different when the proposed change is to a title condition, as the recent Lands Tribunal case of Scottish Ministers v Brechin Healthcare Group, City of Brechin and District Community Council and the Don Centenary Trust demonstrates: only those having title to enforce a title condition are entitled to make representations against an application to discharge the condition. That is to say, the Tribunal may consider the benefit a title condition confers on the public only if relevant representations are made by a party having title to enforce.