Report by Chief Executive.
1
Under reference to Item 1 of the Minute of the special meeting of this Policy Board held on 14 April 2021, there was submitted a report by the Chief Executive relative to the Renfrewshire Local Development Plan (LDP).
The report advised that in accordance with the decision taken at the above meeting the Head of Economy & Development had modified the Proposed Renfrewshire Local Development Plan in line with all but three of the Scottish Government Reporter’s recommendations set out in the Examination Report, in relation to housing sites at the former Golf Driving Range, Rannoch Road in Johnstone (LDP 2057), Thriplee Road in Bridge of Weir (LDP 2064) and Auchenlodment Road in Elderslie (LDP 2053) and Scottish Ministers had been notified of the Council’s intention to adopt the modified Local Development Plan. The Council had advertised the intention to adopt the modified Proposed Renfrewshire Local Development Plan and sent a copy of the modified Local Development Plan to the Scottish Ministers along with a statement explaining why the three modifications to the Plan suggested by the Reporter were not accepted. Scottish Ministers had subsequently considered both the modified Plan and supporting information provided and concluded that they did not wish to intervene in the adoption of the Plan and that the Council could proceed to adopt the Modified Proposed Renfrewshire Local Development Plan. A copy of the response received from the Scottish Ministers, dated 17 August 2021, was appended to the report
In addition, the report intimated that the Council had successfully defended a Judicial Review action, raised by Cosmopolitan Hotels Limited, which challenged the validity of the decision taken by the Board on 14 April 2021. A summary of the petition for Judicial Review was provided, together with the petitioner’s main grounds of argument and the Court’s decision.
The modified proposed Plan recommended for adoption, together with Maps A to F, was as detailed on the Council webpages entitled Local Development Plan. It was highlighted that there was a possibility of a statutory challenge being made to the Local Development Plan once adopted. The report indicated that should the Plan and associated maps be adopted the post adoption procedures would be undertaken in line with the relevant statutory procedures as set out in the Town and Country Planning (Scotland) Act 1997.
Councillor McGurk, seconded by Councillor McNaughtan, moved (a) that it be noted that the Council had successfully defended the Judicial Review petition, raised by Cosmopolitan Hotels Limited, in respect of the proposed Renfrewshire Local Development Plan as detailed in section 4 of the report; and (b) that, in the circumstances, it be agreed to adopt the Renfrewshire Local Development Plan (referred to on the webpage as the modified proposed Renfrewshire Local Development Plan) including Map A, Map B, Map C, Map D, Map E and Map F, as detailed on the Council webpages – Local Development Plan, in accordance with the provisions of the Town and Country Planning (Scotland) Act 1997.
Councillor Andy Doig, seconded by Councillor Devine, moved as an amendment (a) that it be noted that the Council had successfully defended the Judicial Review petition, raised by Cosmopolitan Hotels Limited, in respect of the proposed Renfrewshire Local Development Plan as detailed in section 4 of the report; and (b) that the Renfrewshire Local Development Plan not be adopted until the Board can examine the conclusions of the recent SEPA Flood Risk Consultation, and how the proposed plan would impact on housing land supply targets across Renfrewshire.
On the roll being called, the following members voted for the amendment: Councillors Binks, Brown, Devine, Andy Doig, Graham, Hood and J MacLaren.
The following members voted for the voted for the motion: Councillors Burns, M MacLaren, McGurk, McNaughtan, Nicolson, Paterson, Rodden and Steel.
7 members having voted for the amendment and 8 members having voted for the motion, the motion was accordingly declared carried.
DECIDED:
(a) That it be noted that the Council had successfully defended the Judicial Review petition, raised by Cosmopolitan Hotels Limited, in respect of the proposed Renfrewshire Local Development Plan as detailed in section 4 of the report; and
(b) That, in the circumstances, it be agreed that Renfrewshire Local Development Plan (referred to on the webpage as the modified proposed Renfrewshire Local Development Plan) including Map A, Map B, Map C, Map D, Map E and Map F, as detailed on the Council webpages – Local Development Plan, be adopted in accordance with the provisions of the Town and Country Planning (Scotland) Act 1997.