Cam­pus plan pro­test­ers in blast af­ter le­gal blow

Evening Times - - NEWS - By CA­TRI­ONA STE­WART

CAM­PAIGN­ERS who op­pose a £100 mil­lion hous­ing de­vel­op­ment in Glas­gow have claimed Scot­land’s plan­ning sys­tem is flawed af­ter los­ing their le­gal ac­tion at the Court of Ses­sion.

Jor­dan­hill Com­mu­nity Coun­cil claims CALA Homes plans to build 420 new prop­er­ties at the for­mer Jor­dan­hill Cam­pus will strain lo­cal in­fra­struc­ture and leave too lit­tle greenspace.

Mem­bers had in­structed lawyers to go to the Court of Ses­sion to try to over­turn a plan­ning de­ci­sion made by Glas­gow City Coun­cil in Jan­uary 2017.

But judge Lady Wolffe con­cluded Glas­gow City Coun­cil had acted cor­rectly and dis­missed the case.

Now, cam­paign­ers say Scot­land’s plan­ning sys­tem is flawed.

Pro­fes­sor John Win­field, the Com­mu­nity Coun­cil’s chair­man, said: “While dis­ap­pointed with the ul­ti­mate ver­dict, we be­lieve we have ex­posed a flawed plan­ning sys­tem that is not fit for pur­pose and works against com­mu­ni­ties rather than with and for them.”

Jor­dan­hill Com­mu­nity Coun­cil last year raised a Ju­di­cial Re­view Pe­ti­tion ar­gu­ing that the de­ci­sion to grant Plan­ning Per­mis­sion in Prin­ci­ple was “un­rea­son­able and ir­ra­tional.”

A two-day hear­ing in Novem­ber was told that the de­ci­sion to grant plan­ning per­mis­sion on the Strath­clyde Univer­sity site failed to take into ac­count “ma­te­rial con­sid­er­a­tions” un­der the Town and Coun­try Plan­ning (Scot­land) Act 1997.

The de­ci­sion to grant was made by the City Coun­cil’s Ex­ec­u­tive Di­rec­tor of Re­gen­er­a­tion Ser­vices in Jan­uary 2017 – four years af­ter the coun­cil’s Plan­ning Com­mit­tee last con­sid­ered the ap­pli­ca­tion.

JCC’s le­gal team ar­gued that there were sig­nif­i­cant and ma­te­rial changes in cir­cum­stances in the in­ter­ven­ing pe­riod.

How­ever, in a 56-page de­ter­mi­na­tion Lady Wolffe re­jected the Com­mu­nity Coun­cil’s case.

Jim McIntyre, Man­ag­ing Di­rec­tor of CALA Homes (West), said: “We are pleased to take an­other step for­ward with our plans to build one of Glas­gow’s most de­sir­able res­i­den­tial de­vel­op­ments on the legacy of Jor­dan­hill Cam­pus.”

Lawyers for the com­mu­nity coun­cil ar­gued that there had been “sig­nif­i­cant changes” in the planned de­vel­op­ment be­tween 2011– when the mat­ter was first raised at ex­ec­u­tive com­mit­tee – and 2017.

How­ever, Lady Wolffe con­cluded that Glas­gow City Coun­cil had acted law­fully.

She added that the Jan­uary 2017 de­ci­sion should con­tinue to stand.

She wrote: “The pe­ti­tion­ers’ chal­lenges all fail and the pe­ti­tion falls to be re­fused.

“I will re­serve mean­time any ques­tion of ex­penses.”

Pro­fes­sor Win­field added: “Glas­gow City Coun­cil has failed our com­mu­nity.

“Mean­while CALA and their sub­con­trac­tors should be aware that the com­mu­nity will be watch­ing closely to make sure all con­di­tions of the plan­ning ap­proval no­tice are met.”

The Jor­dan­hill cam­paign­ers lost their le­gal bid but warn Cala Homes they are still watch­ing

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