What feels like ages ago, Gladman Developments applied to build houses in the field on Campsie Road, and to bump the proposed cemetery extension further away from the village. The planning application was rejected; an appeal to the Scottish Ministers was rejected, BUT Gladman made an appeal to the Court of Session, whose decision was issued on 14 June 2019.
The Court of Session has just quashed the appeal decision, raising the prospect that the development will go ahead. The court’s decision was based on a very narrow technicality about how housing land supply should be calculated, but their lordships decided this renders the whole of the DPEA decision invalid.
A copy of the Court of Session decision is here in which we have highlighted some relevant parts. According to the court, the sole issue considered by the Reporter was whether Stirling used the correct method to calculate their housing land supply. They don’t even say whether Stirling did or didn’t use the correct method: they merely find that the Reporter did not examine the question properly. Furthermore they say that, regardless of other reasons why the Gladman proposal should be rejected, the only issue in the appeal was the land supply calculation, and they must quash the whole decision.