‘Flawed’ planning decision on toss of a coin to be reviewed
A major Edinburgh planning application determined on the toss of a coin is to go before councillors again after developers said the decision-making process had been “flawed”.
Plans for 256 low-carbon homes and commercial units at 525 Ferry Road were granted last month. But the development management sub-committee (DMSC) were split over whether to seek a £1 million or £3m contribution towards education infrastructure from the applicant.
And after earlier opposing the application, convener Cllr Hal Osler waived her casting vote and a coin toss was used to determine that the developer should pay £3m.
Developers Artisan Real Estate said the increased contribution “could delay or put in jeopardy the delivery of this much needed housing”. The applicant wrote to the council saying they considered the decision-making to be “procedurally flawed due to the decision being made on the toss of a coin,” councillors were told by chief planning officer David Givan.
In an email Mr Givan said it was the local authority’s view there was a “basis for decision making to made in this way”. However he added there was “ambiguity in the process which could result in the decision being legally challenged in the event that a decision notice is issued”.
Edinburgh City Council confirmed the planning application will be reconsidered by the DMSC today. Cllr Osler opted not to cast the deciding vote at the meeting on February 7 as she was in favour of rejecting the plans completely, and neither of the two final options on the table would deliver this outcome.