Developers ready to take city chiefs to court over snub

Published on Saturday 28 November 2009 10:02

TWO of Scotland's biggest housing developers have threatened the city council with legal action over its refusal to allow them to build on a controversial site.

Taylor Wimpey and Miller Homes have been trying to build housing on the former Army polo fields, currently a community woodland, for more than five years.

They looked to have made progress earlier this year when a Scottish Government inquiry into Edinburgh's draft local plan recommended that up to 75 homes be allowed at Dreghorn Polo Fields.

City planners then overturned the decision – causing the two firms to threaten to take the matter to the courts.

Despite their objections, city planners have vowed to push ahead with their alternate proposals for housing in the Capital, which will see more than 400 homes built on two sites at Newcraighall instead.

Dave Anderson, the city council's director of city development, said: "The developers with an interest in the Dreghorn Polofields site have written to the council stating their intention to make a legal challenge to the adoption of the plan unless it allocates the site for housing as recommended in the report of inquiry."

However, Mr Anderson said that the advice of the council's solicitor is that the refusal to allocate the Polo Fields as housing was not unlawful so the council is to press ahead with its decision if councillors approve at a meeting next week.

Plans for housing on the polo fields were first drawn up in 1999, prompting angry residents to raise 50,000 in a failed bid to buy the land from the Ministry of Defence.

Miller and Taylor Woodrow submitted a new planning application in 2004 for 47 houses, eight homes and a new access road.

More than 1,100 people signed a petition against it, and another 900 people objected individually, leading to the council to reject the bid.

The developers then appealed the decision but withdrew their appeal before a public inquiry after getting advice on the "best way to get planning consent".

Councillor Jason Rust, who represents the Colinton/Fairmilehead ward, said: "They are within their rights to challenge the decision but it seems to be that they are having repeated challenges on the same issues and that puts a lot of strain on the local community.

"This site faces onto the Pentland Hills and is a big open grass area and a real amenity that is well-used.

"People don't want it replaced with big luxury homes."

A spokesman for Miller Homes said: "Miller Homes and Taylor Wimpey have a long history in Edinburgh of building high quality homes and creating jobs.

"Dreghorn is a non-greenbelt site that can help meet strategic needs for family housing in the city.

"In the words of the director of planning, there are 'no sound planning reasons for not accepting the recommendations from the reporter to build on the site'. We agree with that view."