MINISTERS have been accused of "riding roughshod over local democracy" after approving a controversial rail freight super-hub which had been unanimously rejected by councillors.
The Scottish Government overruled the advice of its own reporter and gave the go-ahead for the construction of Mossend International Railfreight Park (MIRP) on greenbelt land in Bellshill, despite more than 1,000 objections from local residents.
Logistics firm, PD Stirling, appealed to the Scottish Government last year after North Lanarkshire Council rejected a planning application for the development amid complaints from residents that the noise, pollution and disturbance would adversely impact their quality of life and erase Bellshill's last significant area of open space.
The case was initially referred to Michael Cunliffe, a reporter at the Scottish Government's Directorate for Planning and Environmental Appeals, who was charged with determining the appeal independently from ministers. Mr Cunliffe concluded that the council had been right to block the freight hub.
However, in a surprise move, it was called in by the Scottish Government on December 22 last year on the grounds that the £260 million infrastructure was an "issue of national significance" that should be decided directly by ministers.
In a letter to the Herald today, Councillor James Coyle, convener of planning and transportation at North Lanarkshire Council, said the decision was "a classic example of this Scottish Government riding roughshod over local democracy".
He added: "What is the point of having independent reporters – all experts in their field – if ministers can ignore their advice on a whim?"
The council has six weeks to lodge an appeal with the Court of Session.
Gary McGovern, a specialist planning and environmental lawyer at Pinsent Masons, said such appeals were rare but, to be successful, the local authority would have to focus on "the legality of the decision rather than the economic merits versus impact on local amenity".
The hub is expected to bring nearly 5,000 jobs to the area and significantly boost freight traffic between Scotland and markets in the rest of the UK and Europe.
A spokeswoman for the Scottish Government said: “Having carefully considered the reporter’s report and the issues raised in objections, Scottish Ministers have decided to grant planning permission in principle for the expansion of the Mossend Railhead, incorporating industrial and business uses, a Community Green Network and related transport improvements.
"This is one of a very small number of appeals which are not delegated to reporters for a decision; but instead are ‘recalled’ by Scottish Ministers who will then make the final decision themselves. In cases such as this, the appeal is still examined by a reporter, who then writes a report and makes a recommendation for Ministers to consider before they make their decision.
"This is one of a very small number of cases where Ministers have not agreed with the reporter’s recommendation."
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