COUNCILLORS have voted to seek legal advice on whether they can defy the Scottish Government over a controversial planning application.
Members of West Dunbartonshire Council’s planning committee wish to combat a ministerial directive concerning Duntiglennan Fields in Duntocher.
Alex Neil MSP, minister for social justice and communities is looking to overrule a unanimous council agreement and more than 100 community objections calling for the site to remain protected under greenbelt status.
Mr Neil’s directive orders a status amendment so developers Taylor Wimpey can build on it.
At a meeting of West Dunbartonshire Council’s planning committee on March 23, councillors discussed the matter and passed a motion to seek advice on the legality of defying the government.
Cllr Lawrence O’Neill said: “This is about local democracy – we are elected by the community to make decisions. Being on the planning committee, it’s a role we take very seriously. We want to do what it asked of us by the people, not based on political lines.”
He added: “The bottom line is, I’m not going to let the Scottish Government decide for us what is happening and going into our local development plan (LDP).”
Councillors heard how national planning reporters of the government are not able to alter the council’s LDP, which is refreshed every five years.
The government can approve but not edit a LDP. So far, it is not going to approve the plan until its demands are met.
Previously, Mr Neil told the Post the greenbelt should be taken away in order for Taylor Wimpey’s project to go ahead.
He also told how the two batches of evidence against the development were insufficient.
The planning application from the housing giant was thrown out by councillors twice last year and received more than 100 objections from members of the public.
There are concerns about destroying protected land and increasing strain on local infrastructure at Farm Road in Duntocher, where the fields are.
At the planning committee, members of the public applauded Cllr O’Neill after he moved his motion, declaring absolute resistance to the Scottish Government.
Even the leader of the opposition, Cllr Jonathan McColl of the SNP, condemned the decision.
Provost Douglas McAllister blasted the plans and said it “flies in the face of local democracy”.
Both the provost and planning chairman apologised to officers for the delays and any reputational damage the council may have sustained due to taking on the Scottish Government.
The motion to seek legal advice with the interests of not implementing the ministerial directive was passed unanimously.
Ronald Gray of Mirren Drive, Duntocher was at the meeting.
Afterwards, he said: “I thought what the Provost and Cllr O’Neill said was excellent, and very unusual. They have been trying very hard, you can tell they don’t want to implement the ministerial directive – the situation is a total slight on elected members. I think there is a much better feeling about the situation generally now. From my point of view the committee’s decision is great.”