STIRLING COUNCIL
MINUTES of the SPECIAL MEETING of STIRLING COUNCIL held in the COUNCIL
CHAMBERS, VIEWFORTH, STIRLING on MONDAY 1 OCTOBER 2018 at 9.30 AM
Present:
Provost Christine SIMPSON (in the Chair)
Councillor Maureen BENNISON
Councillor Margaret BRISLEY
Councillor Douglas DODDS
Councillor Martin EARL
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham HOUSTON
Councillor Chris KANE
Councillor Graham LAMBIE
Councillor Alison LAURIE
Councillor Alasdair MACPHERSON
Councillor Susan MCGILL
Councillor Alasdair TOLLEMACHE
Councillor Jim THOMSON
Councillor Evelyn TWEED
In Attendance
Carol Beattie, Interim Chief Executive
Christina Cox, Service Manager, Planning & Building Standards
David McDougall, Governance Officer
Tony Mason, Lead Solicitor
Brian Roberts, Senior Manager – Infrastructure
Iain Strachan, Chief Officer – Governance (Clerk)
The Provost advised that she had called this meeting under Standing Order 10a which provided for Special meetings of Council to be called at the request of the Provost.
SC135 APOLOGIES
Apologies were submitted on behalf of Councillor Neil Benny, Councillor Alistair
Berrill, Councillor Robert Davies, Councillor Bryan Flannagan, Councillor Alastair Majury and Councillor Jeremy McDonald.
SC136 DECLARATIONS OF INTEREST
There were no declarations of interest.
Councillor MacPherson advised that the three Elected Members for Ward 7
(Bannockburn) had received legal advice in relation to their legal involvement in this issue and based on that advice they were assured there was no need to declare an interest and withdraw.
The Committee resolved under Section 50A (4) of the Local Government (Scotland)
Act 1973 that the public be excluded from the meeting for the following item of business on the grounds they involved the disclosure of exempt information as defined in Paragraphs 12 and 13 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
SC137 COWIEHALL QUARRY, COWIE
Legal advice tabled by the Chief Officer – Governance provided an overview of the purpose of the meeting, which was to consider and agree how to resolve an issue which had arisen as a result of an error in the handling of a Planning Application relating to Cowiehall Quarry, Cowie.
The Service Manager, Planning & Building Standards responded to questions from Members regarding the background and handling of the Planning Application.
Decision
The Council agreed:-
-
to delegate authority to the Chief Officer – Governance to take all action
necessary to seek to secure the revocation or quashing of Planning
Permission 18/00190/FUL issued on 3 July 2018 in respect of Cowiehall
Quarry, Cowie; -
to recognise that the Elected Members for the Bannockburn Ward had an
interest in maintaining proper planning control in respect of land which is the subject of the said Planning Permission, taking account of the potential risks to the environment and the amenity of the surrounding area in the absence of such control, and as such to endorse the said Elected Members commencing a judicial review against the Council in order to secure the quashing of the said Planning Permission, should they wish to do so, on the grounds that the issue of the said Planning Permission was unlawful, irrational and/or procedurally flawed, with the Council indemnifying the said Elected Members in respect of all legal costs and expenses incurred by them in commencing the same; and -
to note that the Chief Officer – Governance will monitor progress in relation to the said judicial review, and report any significant developments back to Council where he considers it appropriate.
The Convener closed the meeting at 10.00am.