Terra Firma members James Findlay QC and Fergus Colquhoun successfully represented the interested party in a challenge by West Dunbartonshire Council against a decision of the Scottish Ministers to allow an appeal by Barratt Homes West Scotland against a refusal of planning permission for a residential development at a site known as Duntiglennan Fields near Clydebank.

Clydeplan (the Strategic Development Plan covering greater Glasgow) separates the city out into several Housing Market Areas (HMA), which overlay the various Local Authority Areas which cover the conurbation.  As well as meeting housing land supply requirements in respect of their own areas, Local Authorities are required to meet housing land supply requirements in respect of any HMA of which they form part.  Policy 8 of Clydeplan requires that at least a five year supply of effective housing land must be maintained at all times in respect of each HMA.  In this case, the local authority, West Dunbartonshire, is covered by two HMAs - Dumbarton and Vale of Leven, and a small part of Greater Glasgow North and West (GGNW) at Clydebank.

Overall, West Dunbartonshire had a healthy surplus in its housing land supply owing to a significant surplus in Dumbarton and Vale of Leven HMA. Looking only at Clydebank (which falls within GGNW), there was however a significant shortfall. There was no evidence as to whether a shortfall existed within GGNW overall. The question for the reporter, and the Inner House on appeal, was whether a demonstrated shortfall in part of a HMA would breach Policy 8 of Clydeplan. Where a HMA straddles more than one Local Authority Area, how is the Policy 8 obligation to ensure an effective HLS to be realised?  The appellants (the Local Authority) argued that the HMA requirements should be looked at as a whole, and could be met from any part of the HMA; the respondents argued that it was legitimate to disaggregate the HLR.

The Court held that it was ultimately a matter of planning judgment whether or not to disaggregate the Housing Land Requirement for an HMA. In the circumstances of this case, it was reasonable to treat Clydebank as a separate area, and to disaggregate the HLR for GGNW, thereby deriving a new HLR applicable only to Clydebank. The appeal was therefore dismissed.

Douglas Armstrong QC appeared for the Appellants.