{"id":31176,"date":"2021-09-17T17:17:35","date_gmt":"2021-09-17T16:17:35","guid":{"rendered":"https:\/\/newsblogsnew.ihbc.org.uk\/?p=31176"},"modified":"2021-09-17T17:17:35","modified_gmt":"2021-09-17T16:17:35","slug":"court-of-session-rules-against-dundee-city-councils-e-bike-station-planning-approval","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=31176","title":{"rendered":"Court of Session rules against Dundee City Council\u2019s e-bike station planning approval"},"content":{"rendered":"

\"\"A judge in the Outer House of the Court of Session has declared that a purported planning grant for an e-bike docking station outside a Category B listed tenement building in Dundee is ultra vires<\/em> and of no effect after the decision was challenged by locals.<\/p>\n

image: for illustration purposes only<\/em><\/h6>\n

<\/p>\n

\u2026 five initial objections to the application based on adverse effect on a listed building, noise nuisance, impact on access to waste bins\u2026<\/span><\/em><\/h2>\n

ScottishConstructionNow<\/em> writes:<\/p>\n

Westend Residents CIC, a community interest company incorporated to represent the views of residents of the West End Suburbs Conservation Area in Dundee, challenged the grant by\u00a0Dundee City Council\u00a0of a planning application submitted by\u00a0Ride On Scotland.<\/p>\n

The petition was heard by\u00a0Lord Weir. The petitioners were represented by\u00a0Logan, advocate, and the respondents by\u00a0Armstrong QC.<\/p>\n

Serious errors
\n<\/strong>On 1 September 2020, an agent of Ride On Scotland submitted a proposal for an e-bike docking station, comprising 10 docking points and a terminal, on the public footpath outside the entrance to the building on 5 Blackness Avenue, Dundee. The proposal formed part of a wider e-bike scheme being developed throughout Dundee, albeit with the other docking sites being primarily in industrial, commercial, or retail areas.<\/p>\n

Following five initial objections to the application based on adverse effect on a listed building, noise nuisance, impact on access to waste bins and parking spaces, and privacy and road safety concerns, an appointed officer of the respondents assessed the application, however the decision to approve planning permission was still taken.<\/p>\n

It was submitted for the petitioners that there were serious errors in the process by which the permission was granted. The application had not been accompanied by a design statement, which was a mandatory requirement under regulation 13 of the\u00a0Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013<\/em>.<\/p>\n

Counsel further submitted that the respondents\u2019 planning officer, Ms Duffy, who assessed the application had given no consideration at the time to whether the installation of the station constituted an \u201cengineering operation\u201d, an excepted category to regulation 13. In any event, it could not be considered one as there was nothing in the process of installing the docking station that required an engineer.<\/p>\n

Ex post facto
\n<\/strong>In his\u00a0decision<\/a>, Lord Weir began by noting: \u201cThere is force in the petitioners\u2019 submission that the respondents\u2019 characterisation of the installation of the docking station as an engineering operation is one reached\u00a0ex post facto<\/em>. In the application for planning permission, the applicant answered the\u00a0pro forma<\/em> question whether a design statement had been provided in terms of 2013 Regulations, that such was \u2018not applicable\u2019 to the application.\u201d….<\/p>\n

He went on to say: \u201cIf it was necessary to decide that issue, I should have been inclined to the view, in coming to it, that those features, taken with the obvious intention of the applicant that the docking station be permanently located, as street furniture, within the conservation area, immediately adjacent to a listed traditional west end tenement, militated against a concentration on the process of installation rather than the end result.\u201d….<\/p>\n

He concluded: \u201cIt is impossible to know what the outcome of the process of public notification would have been had a design statement accompanied the application for planning permission in this case. One certainly cannot assume that the same five objectors, or only those five objectors, would have come forward with the same objections. It is significant though that, had there been one more objection, the matter would require to have been considered by a committee of the respondents.\u201d<\/p>\n

For these reasons, Lord Weir granted decree of declarator that the grant of planning permission was no effect.<\/p>\n

Read more….<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A judge in the Outer House of the Court of Session has declared that a purported planning grant for an e-bike docking station outside a Category B listed tenement building in Dundee is ultra vires and of no effect after … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-31176","post","type-post","status-publish","format-standard","hentry","category-sector-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/31176","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=31176"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/31176\/revisions"}],"predecessor-version":[{"id":31178,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/31176\/revisions\/31178"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31176"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31176"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31176"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}