In what locals regard as a disappointing turn of events, the council hearing scheduled for the planning application at Eyre Place Lane will no longer proceed.
Instead – and apparently reflecting the fact that the council had not either heard or decided the application for purpose built student accommodation along with townhouses within the correct timescale – the developer has appealed to the Government Reporter through the Scottish Government Planning and Environmental Appeals Division who will hear the case instead.
These two applications have attracted 395 objections out of 421 comments, including an objection from the Cockburn Association, and the residents’ petition still attracts signatures. The main objection from local residents is that the site at 72-74 Eyre Place is totally unsuited to purpose built student accommodation (PBSA).
Read more about the residents actions in the last year against the student flats now likely to be imposed upon them here.
We asked the council for comment but were told they do not comment on live applications.
New Town and Broughton Community Council (NTBCC) had noted the appeals on the government’s DPEA website a few days ago and informed the residents.
An NTBCC spokesperson said: “It’s clearly very disappointing that these applications have bypassed (albeit through a legitimate route) the intended process.
“Whilst we won’t now know the stance that the Council’s Development Management Sub-committee (DMSC) would have taken, it’s perhaps likely as others have commented that it would have been refused and then subsequently appealed. However, it would have been helpful if the elected councillors on the DMSC had expressed their view, reflecting the significant concerns raised by residents and others.
“From the submitted appeal documents, it does seem that the planning agent, Scott Hobbs, had set a deadline for determination of 19 January and this was known by Council officials when the proposals were presented at the 11 January DMSC but I’m not aware that the committee were made aware of this when they agreed to continue the application to a hearing. If they had been, they may well have decided to determine the application without a hearing.Â
“All in all, whilst accepting that there should be some protection for applicants to ensure that proposals are not unnecessarily delayed, the permitted period as set by current legislation for determining complex applications seems much too short. This is one of tens perhaps hundreds of current applications that are beyond their scheduled determination dates and could be appealed on the grounds of non-determination.”
Vince Meiklejohn who is spokesperson for the local residents said: “We were waiting to get the date for the council DMSC Â hearing, and were pleased that the community would finally get their say on the student development.
“We had no official confirmation of the date but were told the hearing would be sometime in March..
“HOWEVER we now see that  the developer has appealed both applications to the Scottish Government as the council has yet to make a decision.
“The community feel very let down.
“We have met every deadline, followed the guidance and it seems very unfair that we can’t make our case at the DMSC meeting.
This is, in my opinion, frankly a cynical exploitation of the rules by the developer made possible by the planning dept failing to meet their own deadlines.
“This in reality means that the 400 plus objectors and supporters are denied their democratic say.”
CA Europe Operating Company has appealed the applications for town houses and student housing at 72–4 Eyre Place direct to the Government Reporter. See the appeal papers here.
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