THE fight over a controversial plan for nearly 100 new homes in Clydebank is moving forward at the Court of Session.

West Dunbartonshire Council (WDC) is challenging the Scottish Government after ministers overruled near unanimous opposition to developers taking over Duntiglennan Fields, off Farm Road in Hardgate.

The planning reporter decided there were insufficient private homes available for sale in Clydebank over a short period and that was enough justify cutting into the green belt permanently.

But councillors called for a judicial review of the decision, which was rejected by planners and under the local development plan (LDP2).

The Court of Session has confirmed an appeal was lodged on October 20. Answers have been lodged by both Scottish Ministers and Barratt Homes, which appealed against WDC for taking too long to decide their original application.

A procedural hearing will be held on March 4.

Douglas McAllister, one of the area’s councillors and a leading opponent of the development, told the Post the council had managed to secure leading QC Douglas Armstrong, who also gave his opinion on the local authority’s case before they took it forward.

Cllr McAllister said: “We are delighted he has taken our instruction. He is probably Scotland’s most renowned QC in planning matters. Scottish Ministers have instructed their own counsel to defend the action.

“March 4 is an opportunity for all parties to indicate to the court where they are.”

The dispute with ministers centres around the “housing land” supply numbers locally and regionally. The planning reporters who considered Duntiglennan rejected it for homes, but a different reporter agreed to it.

Cllr McAllister added: “We are confident of our position and our appeal is strong. Cllr Lawrence O’Neill and I will continue to protect the greenbelt as we always have and we are genuninely delighted with the support of the council officers and planning and legal department and cross-party support.”

Council leader Jonathan McColl said: “I believe the decision of the planning reporter was fundamentally flawed, based on inaccurate information and incorrect assumptions.

“I am hopefully that truth and common sense will prevail, and I thank my colleagues across party lines on the council for their continued support in making this challenge on behalf of our constituents.”

A Scottish Government spokesman said: “As the decision on this planning appeal, issued by an independent reporter, is subject to a live legal challenge, it would not be appropriate to comment at this stage.”

A spokeswoman for the council said they had no update to offer.