A COMMUNITY council is threatening to take Glasgow City Council to court over a planning decision in Carmunnock.

Carnbooth House Hotel’s bid to build 36 flats on its greenbelt grounds was approved by the Planning Local Review Committee on May 29.

Carmunnock Community Council (CCC) wants a rerun of the committee as it says it was not given its statutory notice to make the meeting.

The city council says a letter was sent to CCC on March 29 making them aware the application would be getting heard and says no representation was filed within the required 14 days of that.

If the council does not redo the proceedings, they are preparing to seek Judicial Review of the planning decision at the Court of Session.

Robert Cochrane, planning spokesman for CCC, said: “The community is right behind us – it’s in shock and disbelief the council could take this decision.”

The community council says a letter informing it of proceedings was dated May 23 but did not arrive until the afternoon of May 29 – after the committee had started.

At the committee, councillors Michael Cullen and Cecilia O’Lone approved the application where only Jane Morgan voted against it.

They agreed with the business case – that the hotel needed the cash from selling the flats to fund its extension which the future of the company relied on.

However, this required building on protected greenbelt that the council has not identified as an area to turn into housing.

Mr Cochrane continued: “It’s blackmail, holding a gun at councillors’ heads by saying if they don’t get planning permission they will go under.”

Now, CCC says it was not given time enough to make a formal representation to the committee.

They contend the decision may have been different if they had been given their statutory notice of the hearing in time.

“If they rerun the Planning Local Review Committee, it’s possible they may come to the same decision, but at least we’d have our legal right to have a say and submit a further representation,” Mr Cochrane added.

The community is said to be outraged at the greenbelt being built on and the tearing down of 118 trees.

Councillor Malcolm Cunning was at the CCC meeting where members decided to back legal action if the council did not rerun the committee.

He said: “There’s no way a letter sent second class on May 23, a long holiday weekend, was going to allow the community council adequate time to accept.

“So, certainly, they must seek proper legal advice as they do have clear grounds.

“But that is what they’re going to be doing, identifying an appropriate and experienced solicitor.”

A city council spokesman said: “The chair of Carmunnock Community Council was notified by a letter dated March 29 2018 that an appeal had been lodged with the Local Review Committee.

“The Community Council had 14 days from the date of the letter in which to submit a further representation, however, no further representation was received during this period.

“The proposal was placed on the agenda for the committee meeting of May 29 2018, and a letter dated 23 May 2018 was sent to the chair of Carmunnock Community Council notifying them of the date and time of the committee.

“Unfortunately, the community council did not receive the letter until after the meeting had commenced.  The council is now seeking advice from Legal Services.”

ENDS