RESIDENTS of Clydebank have lost their last chance to oppose a housing development on green belt land.
The UK Supreme Court refused an appeal by West Dunbartonshire Council (WDC) against a Court of Session decision to uphold the Scottish Government’s approval of 99 homes on Duntiglennan Fields.
In just a few words on the website, Lord Hodge, Lord Leggatt and Lady Rose said permission was refused “because the application does not raise an arguable point of law of general public importance”.
And council taxpayers will now have to pay for the legal costs of Barratt Homes, which had profits of more than £800 million last year. The exact bill has not been calculated yet by council officials.
West Dunbartonshire councillors had been unanimous in opposing the original plans by Barratt Homes, as they had towards Taylor Wimpey’s plans before them.
Government planning reporters had given the homes the green light because of figures set regionally for new private homes being built.
Because there would be a short-term lack of such housing, the houses had to go ahead.
The Court of Session agreed in October 2021, and then refused to let WDC appeal to the Supreme Court.
But council officials asked the court directly. And they refused to take up the case.
It means the original broad planning application goes ahead and councillors will next consider a detailed plan from Barratt, submitted earlier this year.
In papers published for the upcoming planning committee this month, officials state: “This decision means that the council has exhausted legal routes to appeal the granting of planning permission in principle for residential development on Dunttiglennan Fields, therefore planning permission for application DC19/203 remains granted.”
Provost Douglas McAllister, who represents the Kilpatrick ward where the development will happen, said: “I’m incredibly disappointed that leave to appeal was refused.
“We felt we had prepared a case which was of significant public interest and would at least be heard.
“We had cross party support to proceed to the Supreme Court and council was committed to the financial costs involved with the application to the Supreme Court.
“I know that the residents of Duntocher and Hardgate will be hugely frustrated to learn that the Supreme Court won’t consider the matter.”
Clydebank’s MSP Marie McNair, who had opposed the plans when she was a councillor, said: “I am extremely disappointed at the decision of the Supreme Court to refuse the council’s application on the basis it doesn’t raise an arguable point of law. I have been strongly against housing development on this site since day one.
“I know how upset my constituents will be about this decision that ignores the considerable opposition to this proposal.
“When the application now comes before the planning committee I expect councillors to fully scrutinise its contents and listen to any further concerns expressed by my constituents.”
David Scott, managing director of Barratt Developments West Scotland, said: “Barratt Developments welcomes the Supreme Court decision that recognises there is no legal basis for challenge in the general public interest for the proposed development at Farm Road, Duntocher.
“The plans bring almost 100 much-needed high quality new homes to the area that will in turn boost the local economy and provide employment opportunities in West Dunbartonshire.
“We look forward to working with planning officials and the local community in progressing the detail of our proposals.”
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