Clydebank RESIDENTS have lost their last chance to oppose a housing estate on green belt land.
The UK Supreme Court has dismissed 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, reports the Clydebank Post.
In a nutshell on the website, Lord Hodge, Lord Leggatt and Lady Rose said leave was refused “because the application does not raise an arguable point of law of general public importance”.
And municipal taxpayers will now have to pay the legal costs of Barratt Homes, which made profits of more than £800million last year. The exact bill has yet to be calculated by council officials.
Councilors in West Dunbartonshire had been unanimous in their opposition to Barratt Homes’ original plans, as they had to Taylor Wimpey’s plans before them.
Government planning reporters had given the houses the go-ahead due to regional figures for the construction of new private homes.
Because there would be a short-term shortage of such housing, the houses had to go ahead.
The Court of Session agreed in October 2021, 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.
This means the initial master planning application is moving forward and councilors will then review a detailed plan from Barratt, submitted earlier this year.
In documents released for the upcoming planning committee this month, officials say: ‘The decision means the council has exhausted legal avenues to appeal against the granting of planning permission in principle for the 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 take place, said: ‘I am incredibly disappointed that leave to appeal has been refused.
“We felt we had prepared a case that was of significant public interest and that would at least be heard.
“We had the support of all parties to go to the Supreme Court and the council has committed to bear the financial costs associated with the application to the Supreme Court.
“I know the residents of Duntocher and Hardgate will be extremely frustrated to hear that the Supreme Court will not consider the matter.”
Clydebank MSP Marie McNair, who opposed the plans when she was a councillor, said: ‘I am extremely disappointed with the Supreme Court’s decision to refuse council’s request on the grounds that it does not 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 by this decision which ignores the considerable opposition to this proposal.
“When the application now comes before the planning committee, I expect councilors to fully consider its contents and listen to any other concerns expressed by my constituents.”
David Scott, Managing Director of Barratt Developments West Scotland, said: “Barratt Developments welcomes the Supreme Court’s decision which recognizes that there is no legal basis to challenge in the general public interest the development proposed to Farm Road, Duntocher.
“The plans bring almost 100 new, much needed high quality homes to the area which will in turn boost the local economy and provide job opportunities in West Dunbartonshire.
“We look forward to working with planning officials and the local community to advance the details of our proposals.”
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