Kilmardinny development cash fury
INSULT has been heaped on injury in the Kilmardinny development debacle as the Reporter has awarded costs for CALA's appeal AGAINST the council.
Together with developers Stewart Milne, CALA successfully appealed the council's refusal of permission for the redevelopment of Kilmardinny in a plan which includes 550 new homes, a retail park and commercial enterprise.
The cost award by Scottish Government Reporter Janet McNair, on the claim that the council acted unreasonably, has infuriated councillors, Milngavie MSP Des McNulty and KWAG, the action group which opposed the proposals.
It also incensed MP Jo Swinson who blasted: "I find it outrageous that the Reporter is accusing the council of acting unreasonably, when her decision to grant the appeal can hardly be described as reasonable.
"In her decision letter, the Reporter even admits that the Kilmardinny application 'did not accord with the development plan in some respects' — but despite it contravening local planning rules, she still allowed the development to go ahead.
"To ask the council to foot the bill for the developers — at a time when councils are all facing budget cuts — adds insult to injury."
Spokesman for the action group, Keith Small, said: "We were always concerned about the planning officials' recommendation to grant this application.
"To recommend granting without a clear strategic plan to ensure benefits to the whole community calls into question the judgement of planning officials who failed to talk with local people."
Mr Small urged that councillors did not allow the same lack of consultation with the community over decisions on the future of Allander Leisure and the sale or transfer of the council's surrounding lands.
Fearful that history might repeat itself with the appeal by Tesco being upheld by a Scottish Government Reporter, Des McNulty has written to John Swinney asking him to CALL IN the Tesco appeal.
To justify his call, Mr McNulty outlined the disgust of the community over the Kilmardinny decision and wrote: "My concern is that issues raised by residents have not been properly considered despite the quality and numbers of submissions.
"The appeal focused on the actions of officials — but whether the council has followed the correct procedure is to my mind secondary to whether the application should have been granted.
"Accountable politicians should make decisions on public interest considerations — not those of officials — however technically qualified.
"The Reporter makes decisions in the name of ministers and I would ask you to review what happened in this case."
Councillor Duncan Cumming has asked the planning board if there is yet any mechanism under which the Reporter's decision can be overturned.
A spokesman for the council said the cost award was disappointing and added: "The council is surprised at the findings considering it had tried to behave reasonably throughout the public inquiry process.
The authority is now working to establish the likely scale of costs.
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Wednesday 23 May 2012
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