North Lanarkshire Council could be forced to pay out a substantial legal bill after losing a court battle over controversial plans to extend a retail park.
Council officials had granted planning permission for a cinema, hotel and food and retail outlets to be added to Westway Retail Park in Cumbernauld, but the owners of a shopping mall in the town centre challenged the move at the Court of Session.
The court ruled against the council’s decision and found that its reasons for granting permission were “perverse and inadequate” and “materially flawed”.
In a written judgment on the case, Lord Burns stated: “I find that the respondents (North Lanarkshire Council) failed to fulfil their statutory duties under the 1997 Act; that they erred in law; that they failed to give proper reasons; and that they acted unreasonably.”
He ordered that the council should now “re-examine the application”.
The retail park, around 1.8 miles from the town centre, currently has a number of home and DIY stores on site.
However Dutch firm Promontoria Holdings applied for planning permission to extend it and develop a number of other leisure and shopping outlets.
The council’s planning committee approved the plans in June last year but the owners of the town’s Antonine Shopping Centre, Bridges Antonine LLP, sought a judicial review of the decision…