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01
Jul
2010

Success for James Findlay in Fomer Shanks & McEwan Site PLI

James Findlay (QC, England & Wales) successfully represented North Lanarkshire Council at a Public Local Inquiry in respect of two appeals by Rossco Investments LLP against the Council's decisions to refuse successive applications for Class 5/6 uses on a 20 hectare site lying on the north side of the A8, just south of Coatbridge.  The decisions were upheld by the Scottish Government’s Directorate for Planning and Environmental Appeals (DPEA) which refused both the appeals and the Appellant’s application for expenses.

The Reporter upheld the Council’s submissions that the proposal was in conflict with the development plan in terms of land supply and building on greenfield land.  Further, given eventual agreement that the upgrade of the A8 was a necessary precondition to development occurring, he considered that such pre-condition introduced unacceptable uncertainty and undermined any case of need based upon the current market conditions.

 

For further information about these decisions, please follow these links:

PPA-320-311  PPA-320-330

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