A senior judge has thrown out an Angus developer’s appeal against the controversial multi-million-pound plans of a local rival.
Lady Paton rejected an Angus Estates petition to the Court of Session that sought to overturn local authority approval for a 250-house and business park scheme on the edge of Carnoustie.
The petitioner launched its appeal after councillors voted to back the Pitskelly development by DJ Laing and K&D Henderson, before ground was broken on its own business park at Carlogie on the other side of town.
But the firm has been told that an Angus Council meeting in December 2014, held to address a five-year hole in south Angus housing stock, was “well informed” and transparent in its decision to grant planning permission in principle at Pitskelly.
The DJ Laing development was approved alongside housing at the former Strathmartine Hospital and Victoria Street, Monifieth at a highly emotive meeting in the David Lloyd Leisure Centre, while a 300-house scheme north of Ashludie Hospital was knocked back.
Lady Paton said: “In the present case the councillors had their own experience; knowledge of the local area, its history and its people; carefully prepared reports by the head of planning which gave a full and clear picture of all four applications and their merits and demerits.
“On the day of the meeting (in 2014) the councillors also had the benefit of full and open discussions.
“They were entitled to conclude that little had occurred at the Carlogie employment land site over the previous five years, to reject the recommendation of the head of planning, and to grant the application for employment land at Pitskelly ‘to assist in the delivery of employment land in Carnoustie in addition to that currently allocated’.”
The Pitskelly application was voted through 13-8 against an officer recommendation for refusal.
Councillors were previously warned that an unsuccessful defence could have cost the council around £100,000.
Lady Paton has reserved the issue of costs for a later date.
An local authority spokesman said: “Angus Council is satisfied that the decision we made and the processes and procedures we adopted have been met with judicial approval.
“We are considering the terms of Lady Paton’s opinion with a view to submitting a report to council in due course.
“We hope that this decision will allow development of much-needed housing and employment land in the Carnoustie area in a manner that is consistent with the recently adopted Angus Local Development Plan.”
Angus Estates Ltd could not be reached for comment.
Timeline
2009 — Angus Local Development Plan (ALDP) approved, identifying Carlogie ahead of Pitskelly as the favoured site for further housebuilding
June 2012 — TAYplan Strategic Development Plan 2012–2032 published
November 2012 — Angus Council’s Main Issues Report identifies Pitskelly as the preferred option for business and housing development in the proposed ALDP, with Carlogie as the first alternative
May 2014 — Angus Estates Ltd seek planning permission for a business park at Carlogie, which was supported by officers but deferred after Councillor Bill Bowles moved that the Pitskelly application be submitted first
August 2014 — A Scottish Government reporter allows an appeal on non-determination grounds, granting permission in principle for the business park
11 December 2014 — A meeting of the full council authorises changes to the proposed draft ALDP, deleting the allocated housing site at Carlogie and substituting Pitskelly for both housing and employment
18 December 2014 — The David Lloyd Centre meeting agrees planning permission in principle for Pitskelly, after a 13-8 vote against a refusal recommendation by officers
8 February 2015 — Angus Estates Ltd bring the petition for judicial review
October 2015 — Petitioners apply for planning permission for housing at the site originally on the proposed ALDP, near the land intended for Carlogie Business Park.
Councillor ‘entitled’ to difference of opinion
During the appeal, leading planning silk Roy Martin QC told the court there was evidence Councillor Bowles spoke privately with the Pitskelly developer at a “critical point” on the day of the meeting on 18 December 2014, when decisions were about to be made about applications and developers.
It was accepted that evidence would require to be led if the matter was considered by the court to be of significance.
However Lady Paton decided Mr Bowles had discussed both the Carlogie and Pitskelly proposals during meetings with “both sides”.
“Councillor Bowles was entitled to express a view about Carnoustie (his home town); to obtain support from others; and to disagree with others as he saw fit,” she stated.
“He had had meetings with both sides. He was entitled to take into account the fact that one of the sites had been allocated in 2009, but nothing had been delivered, and to weigh up whether a further site would assist in delivery.
“He was entitled to take a different view from the officers in the reports.”
Mr Bowles told The Courier: “I’m delighted the council’s decision has been upheld by Lady Paton.
“I’ve always tried to do the best thing for Carnoustie and it’s my firm belief that the business land at Pitskelly will serve the town better than that at Carlogie.
“This is supported by most people in Carnoustie who have expressed an opinion.”
