Councillors have branded planning appeals "a lottery" and called for consistency and fairness from Holyrood as they questioned why housing developers had won an appeal to build in the countryside .
Ogilvie Homes appealed to Holyrood’s Division of Planning and Environmental Appeals (DPEA) , against the council’s rejection of their plans to build 104 homes on Hen’s Nest Road in East Whitburn, and one of their officials - known as a Reporter- backed their proposals to build on the farmland that separates East Whitburn from Whitburn.
Local planners, backed by councillors and the public, had complained that the development was unsustainable and would merge the two distinct communities in breach of planning law.
Head of Planning Craig McCorriston told a recent meeting of the development Management Committee: “ It’s disappointing from an officer’s view, from the council’s perspective and certainly from the community who have long resisted this development, but we are where we are.”
Mr McCorriston said case law dictated that the decision maker in planning should decide which methodology should be used to determine appeals when counting the amount of land needed for housing demand.
Some DPEA Reporters agree with the council figures and some agree with the developers’ numbers.
The lack of a definition of land supply is an “entirely unacceptable position” said Mr McCorriston. The council, and planning chief, have repeatedly written to Scottish ministers to call for clarity.
Councillor Tom Conn said: “Surely there has to be consistency in the decisions of the Reporters otherwise it’s a lottery for local authorities.”
Mr McCorriston said the council cannot ensure the delivery of housing. It is for the market. He pointed to the land set aside on the Core Development Areas could see 7.000 homes built and: “if there was a demand the houses would be built quicker.”
He added: “The demand for housing is significantly less than is being assessed by the industry. In terms of supply and demand economics they are not going to build houses if there’s not the demand for them.”
Current demand locally is for 700 homes a year but the industry is convincing planning Reporters that the demand is for around 2000 homes per year.
Ministers have assured West Lothian and other local authorities that new planning rules will provide a definition of land supply in the National Planning Framework 4 when it becomes law.
Mr McCorriston said that the new law, now promised for the summer: “cannot come quickly enough.”
Without an agreement house builders could potentially win permission to build thousands more homes on rural sites across the county.
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