Des McNulty MSP

Milngavie MSP Des McNulty has written to Finance Secretary John Swinney and Planning Minister Stewart Stevenson expressing fears that Tesco’s could be granted planning permisision for their proposed new store on appeal despite widespread local opposition to their scheme. In the letter, Ministers are told of the anger of local people over the decision of the Reporter, Janet McNair, acting on behalf of Ministers, to allow the Kilmardinny-Westpark application from Cala to go ahead. Insult was added to injury last week when it was revealed that East Dunbartonshire Council could have to pay part of Cala’s co…sts in mounting their appeal.

The fear is that Tesco’s appeal might have the same outcome if the Reporter were to take the same narrow ‘technical-procedural’ approach, focusing on the handling on the application by the Council instead of the views and interests of residents and the local community. The full text of Des’ letter to John Swinney is:

Dear Mr Swinney,

I am writing to you to express my concern about the implications of two appeals launched against decisions made by East Dunbartonshire Council. One of these appeals is on behalf of Tesco’s, against the Councils decision to refuse planning permission for a redevelopment of its existing store in Woodburn Way, Milngavie, the other is of behalf of Cala Homes, in relation to its proposed development on the Kilmardinny-Westpark site in my constituency.

The appeal relating to the Cala application was heard by Janet McNair from the Reporter’s department. After a long delay she has published her findings. There was widespread opposition to Cala’s proposal. Hundreds of local people attended the public hearing of the Planning Board at which the decision was made to reject the application. Amongst the chief concerns were the fact that the application would have led to many more houses being built on the site than were allowed for in the local development plan; the inappropriateness of the housing mix; the adverse impact on local roads and transport priorities which include the scaling back of a proposed park and ride scheme; potential adverse environmental consequences including flooding; and questions about the financing arrangements for a replacement sports centre, the necessity for which yet to be demonstrated to local people, many of whom favour instead the refurbishment of the existing facility.

It appears from the report produced by Ms McNair that she has taken a very technical/procedural approach to her task, focusing on the way in which the Council handled the application rather than on the wider issues raised by the public through written and oral objections both at the planning and appeal stages. My concern is that these issues raised by residents have not been properly considered despite the quality and numbers of submissions. The appeal focused on the actions of the Council and its officials. But whether the Council has followed the correct procedure is to my mind secondary to whether the application should have been granted. The effect of an appeal against a planning decision on technical grounds should not be to grant the application. Accountable politicians should make decisions on public interest considerations not officials, however technically qualified. The Reporter makes her decisions in the name of Ministers, and I would ask you to review what has happened in this case. The people of Milngavie and Bearsden deserve to have their interests fully taken account of and not to have their community blighted by an unwanted overdevelopment of the Kilmardinny-Westpark site. I believe that consideration should be given by Ministers to calling in the application rather than leaving the issue to be decided via a technical-procedural appeal. I would be grateful if you could give early consideration to my request.

With regard to the Tesco’s application, there are strongly held views amongst my constituents that the store for which Tesco’s is seeking planning permission is far larger than is needed to serve the needs of the area. It appears that Tesco’s is mounting a technical appeal against the handling of the application by the Council. My concern is that the fundamental objection that the proposed store is too big could be lost sight of. In that context, and given the earlier experience of the narrowness of the consideration given during the Cala appeal, it would be far preferable for Ministers to call in the Tesco’s application rather than having it dealt with through an appeal mechanism, the terms for which are set by the party instigating the appeal, the developer.  Tesco’s are fully aware of the level of concern amongst local people but are deliberately going down an appeal route rather than show any willingness to adapt their proposal through consultation.  Were Tesco’s to be successful in overturning the rejection of their application on procedural grounds, their manipulation of the planning system would then allow them to proceed with their development in defiance of the views of the local community. I should emphasise that the objection is not to any redevelopment on the part of Tesco’s, it is to the scale and character of the proposed development and its impact on the area. I request therefore that Ministers call in this application, so that all of these issues can be properly considered, rather than allow it to be determined by a more restricted appeals process.

Yours sincerely,

Des McNulty

MSP for Clydebank and Milngavie