A COURT battle has been launched against SNP ministers’ decision to approve the development of four A-listed Edinburgh townhouses into a sprawling 544-bed pod hotel.
The Court of Session challenge seeks to overturn the approval for the redevelopment of four Georgian properties at 14-17 Atholl Crescent.
Launched by residents of the street – which Historic Environment Scotland describes as “part of one of the most important and best preserved examples of urban planning in Britain” – the court action has won cross-party support from local politicians.
Philip Flockhart, a conservation architect and spokesperson for the residents, said: “The decision to pursue a Court of Session challenge has not been taken lightly and the legal arguments will now be considered through that process.
“The wider issue, which goes beyond one development, is that this was an exceptionally large and complex proposal and Edinburgh’s elected Development Management Sub Committee never had the opportunity to consider it.”
The application was taken to the Scottish Government after the council’s deadline for reaching a decision had passed, before it had reached Edinburgh’s Development Management Sub-Committee. As a result, locally elected councillors never had the opportunity to vote on the proposals.
More than 280 objections were lodged against the proposals, which were also opposed by all four local ward councillors and Scott Arthur, the Labour MP for Edinburgh South West.
The Cockburn Association previously warned that the development would cause “substantial and irreversible harm”, while the Architectural Heritage Society of Scotland raised concerns about the “scale and intensity” of the proposed use.
Arthur said: “I remain deeply disappointed by the decision to approve this development. The scale and 24-hour nature of the proposal raises legitimate concerns around residential amenity, noise, safety and the impact on the surrounding area.”
Councillor Claire Miller, a Green who represents the city centre ward, said: “While the planning decision was extremely disappointing, I'm really pleased that the community is pulling together and I'll be supporting their decision to lodge a Statutory Appeal.
“Our planning system is skewed in favour of developers and so I believe it's important to support local residents to have their say when it comes to large applications like this hostel and that local decision making is respected.”
Finlay McFarlane, an SNP councillor for the city centre ward, added: “I am certainly impressed at the resolution of the residents that they are continuing to take this forward.
“For them not to have had their say through the planning process is an absolute betrayal and I wish them well.”
Among the issues raised in the Statutory Appeal is the scale of the development itself. Although the proposals have consistently been presented as providing approximately 544 beds, the appeal argues that the planning permission contains no restriction on the number of beds or pod units which could ultimately be provided.
Jocelyn Cunliffe, of the Architectural Heritage Society of Scotland, said: “This case raises a wider question about whether Scotland’s planning system is equipped to protect historic buildings and local communities when dealing with increasingly intensive uses.
“If the number of beds cannot be controlled through the planning process, it is reasonable to ask how the intensity of use of a historic building can be properly assessed and managed. That is an issue which goes far beyond Atholl Crescent.”
A Scottish Government spokesperson said: “The Scottish Government has received notice of the appeal to the Court of Session.
“As this matter is now subject to legal proceedings, it would be inappropriate to comment further at this stage.”
