FOI Reqeust - MLRB Decision Portessie Houses

Request 101003254458

PART 1 - Following the Court of Session ruling of 21st February 2013 where it was deemed that the Moray Local Review Body (MLRB) decision re the Morlich Homes proposal to build houses in Portessie was deemed illegal can you provide the full costs to Moray Council for 1) overturning the original refusal to grant permission and 2) defending the decision in the Court of Session.  The breakdown should show internal staff costs, councillor wages and travel costs, external costs (consultants/legal representation, legal costs etc.), and any other costs associated with this matter.  

PART 2 - Can you also provide the name of the council representative who made the following statement in defence of the council's position.  An urgent response to this question is required as the statement is both defamatory and discriminatory and needs to be pursued as a matter of urgency.

"The appellant was not an aggrieved person. He had not made any representations to the Council about the development. He lived two miles from the site. He was not pursuing the appeal on behalf of his group and had been selected because of his eligibility for legal aid"

Response 22-03-2023

1. To date the costs amount to £17,473.50 plus VAT; these being fees for our external lawyers and outlays for Counsel's fee and court dues. A more detailed breakdown of costs is not held and is therefore exempt under Section 17, information not held.

2. The court judgment is publically available and will hold details of the advocate that represented the council. As such Section 25 is applied, information otherwise available.