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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.

Council Wins Planning Decision Appeal

The Court of Session has upheld an appeal by North Lanarkshire Council against the Scottish Government’s decision to grant planning permission for a rail freight park, reports the Herald.

The case, which has been ongoing for several years, began when a logistics company sought planning permission for the construction of a large freight hub, which it wanted to build on greenbelt land in Bellshill.

North Lanarkshire Council initially supported the project because of the possible economic benefits it might bring, but the proposals were not popular with local residents, who submitted over one thousand objections. The objections were raised on a variety of grounds, including concerns over the loss of greenbelt land, and the impact the presence of the site would have on residents’ quality of life.

In the face of such strong public objection, councillors turned down the planning request.

The company appealed this decision to the Scottish Government, but the independent reporter who handled the appeal agreed with the decision of the council.

However, that wasn’t the end of the matter, as the Communities Minister at that time took the decision to overrule the reporter and give planning permission for the development.

North Lanarkshire appealed this decision, and the Court of Session has now ruled in its favour, saying that the Scottish Government had failed to give “proper, adequate and intelligible reasons" for its decision to grant planning permission.

According to the Herald, the Scottish Government has the right of appeal against this latest decision, but it is not yet known whether it will do so.

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