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Now Council must pay CALA's legal costs

August 5, 2010 3:00 PM

Lower Kilmardinny DevelopmentJo has described as "outrageous" the Scottish Government Reporter's decision to require East Dunbartonshire to pay some of CALA's costs for the Kilmardinny appeal.

The Scottish Government Reporter Janet McNair has ruled that the Council must foot the bill for some for CALA's expenses for the local inquiry into the Kilmardinny development plans.

The Reporter ruled that the Council's planning board acted "unreasonably" by failing to make its position clear on what contribution it expected from the developers toward replacing the Allander Sports Centre.

She also said the board failed to back up its claims that more than 150 parking spaces would be required for a park and ride facility.

Commenting, Jo said:

"I find it outrageous that the Reporter is now 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 is still allowing the development to go ahead.

"This decision 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."

Commenting, Bearsden North Councillor Duncan Cumming said:

"I'm extremely disappointed that the Reporter has decided that the Council will be required to pay some expenses to CALA.

"She says the council has been 'unreasonable', however I believe on behalf of my constituents that the decision to ever allow the appeal in the first place for the outline consent for up to 550 houses is also unreasonable.

"At the planning board meeting last night I yet again called for Scottish Ministers to call in the entire application."

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