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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Planning Committee Confusion Leads to Voting Error

A long-running dispute over plans to build houses on a site near Culloden battlefield took an unusual turn recently, when Highland Council claimed that approval for development designs had been given in error, reports the Scotsman

Plans for the construction of 16 residential homes had been originally rejected by the Council back in 2011; however the developers successfully appealed against this decision to the Scottish Government, with the planning reporter giving approval to the plans in 2014.

The proposed site of the development has proved to be controversial. It is around half a mile from the recognised battlefield, however some experts have claimed that fighting during the famous battle of 1746 actually took place over a wider area than previously thought. They believe it is highly likely that soldiers would have lost their lives in the area to be developed, and so it should be treated as a war grave.

Councillors have said it is not within their power to prevent the development from taking place now that it has been approved by Scottish Government, and all they can do is ensure that any construction is ‘sensitive to the site’, reports the Scotsman.

The planning committee had been asked to vote over whether to approve the proposed design of the houses and amendments put forward to the original plans, and initially approval appeared to have been given. However, two councillors subsequently claimed some confusion led them to voting the wrong way. The plans will now go before a second committee for a new hearing. 

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