A COMMUNITY has begun court proceedings against Glasgow City Council over approving plans for Green Belt housing in the city's last remaining village in a move described as a "farce" ahead of the city hosting COP26.

Carmunnock Community Council says it has been forced to make the challenge in the Court of Session in a move they believe has implications for conservation areas across Scotland.

It has set up a fighting fund of around £7,000 initially in its court fight over the decision by the three-member city council planning review committee it describes as "outrageous" as Glasgow prepares to host the 2021 United Nations Climate Change Conference.

They say that it would mean the city council would be using taxpayers' money to allow a private developer to build on green belt contrary to its own policies "in effect, arguing against itself".

The council has appointed lawyers who have now delivered court papers to the Court of Session over what it called "an unexpected and unplanned giveaway of Green Belt".

The row surrounds plans by East Kilbride-based Zoom Developments to build four new five-bedroom homes on green belt land in Carmunnock, despite proposals for the site being previously rejected by the council.

Last year, the council said that it was not considered to be in accordance with their development plan for the area and would result in the loss of Green Belt "with a significant adverse impact on the landscape character of Carmunnock village".

Its environmental policy states that “it is important that the council continues to exercise a strong presumption against development that would adversely affect the function and integrity of the remaining green belt."

The Herald:

The homes are to be built on "iconic" green space called locally as The Horse Field in Busby Road, which was used for equestrian grazing.

SNP Drumchapel and Anniesland councillor Anne McTaggart, a former MSP, who chaired the planning review panel said she wanted to uphold the appeal believing the development "enhances the most beautiful conservation area". She said she took into consideration the families in the area who would be able to remain because of the new homes.

The community council says that if the city council defends the action, it will have to explain the actions of the councillors who ignored strong advice from its own officials that they needed "material reasons" to allow the green belt development.

A council official had advised the councillors the plans do not meet any of the official exceptions against Green Belt development in the latest 2017 review.

Carmunnock Community Council chairman John Lawless, said: "This debacle is increasingly farcical. Glasgow City Council is claiming to the world that it is fit to host the most important green summit in history with COP26 and yet, at the same time, it has to decide whether to take on its own citizens in court who are trying to defend the Green Belt around the city in keeping with the city's own policy.

Video: The community council produced its own commentary on the green belt homes approval discussions

"They'd have to argue in court against their own policy. It's going to be fascinating to see what they do here. We truly hope sense prevails, they do right thing and choose not to defend the indefensible in court."

He added:""e have seen unprecedented levels of financial, legal and campaigning support from locals, politicians and pressure groups across Scotland on this issue.

"The system in general is stacked against the ordinary person in that a rogue decision by a couple of councillors in a planning appeal, that could affect the lives of hundreds if not thousands of people, can only be contested by very expensive legal action in the Court of Session. Most individuals can't afford to do that.

"It's David v Goliath and the system relies on the costs and administration being too great an obstacle for most people to overcome. However, someone has to fight this system at some point and it looks like it's fallen to us. We have the support and resources on this occasion but feel there really has to be a better use of Glasgow taxpayers' money and local community organizations' resources and time."

The community council created its own video on the council discussions and urged people to watch it to "fully understand the lack of process, apparent lack of knowledge of the issues and consistent ignoring of advice from council officials" that was evident.

The council, which has previously said the only way it can now be opposed is through a judicial review, would not comment on any court case.

A spokesman said: "The decision was made by the Planning Local Review Committee, the decision has been issued and that this is the end of the process for the council as the planning authority. There is no other action left open to the council."

The Herald:

Lying five miles south of Glasgow city centre and surrounded by green belt land, the old part of Carmunnock was declared a conservation area in 1970 and has its own heritage trail.

Since the project surfaced last year, there have been a total of 107 objections from residents including a petition with 63 signatures were presented to the council over concerns.

The West of Scotland Archaeology Service (WoSAS) warned that the development fell within an area of some sensitivity in an area that included recorded sites and finds from the prehistoric and medieval periods.

The Herald:

Agents for Zoom which called for the appeal told the council that the land was what it called a 'gap site' and added: "It is incredibly difficult to justify why this site is not considered developable in principle. Its continued designation and protection as Green Belt is on balance unjustified."