TALKS are being held in a bid to avoid legal action over plans to build two houses in Cardross for disabled former service personnel.

The planned development for disabled ex-service personnel, by Houses for Heroes and the Chrystal Trust, was turned down by councillors earlier this year.

But an appeal against that refusal was upheld by the Scottish Government in September.

Now Argyll and Bute Council is considering whether to pursue a statutory appeal or a judicial review in the hope of having the appeal decision reversed.

Members of the authority's planning, protective services and licensing committee considered the issue last week after reporter Lorna McCallum, from the government's directorate for planning and environmental appeals, decided to grant planning permission for the properties at Bloomhill, to the east of Shira Lodge, on the main road through the village.

In her report on the case, Mrs McCallum said the development “would not have a detrimental effect on the setting of the village”.

But her report also stated the proposed development would be “contrary to the local plan policies on developments in the green belt”.

That led local councillor David Kinniburgh, who also chairs the planning committee, to say he was “mystified” at the decision to allow the appeal.

After Mrs McCallum’s report was published last month, village resident and community councillor Bob Murray described it as “appalling”, pointing out that the site is in the green belt and in a conservation area, while the boundary wall at Shira Lodge – which would require to be partly demolished to allow access to the site – is a listed structure.

However, not all the area’s elected representatives are opposed: Maurice Corry, Tory MSP for the West of Scotland and Argyll and Bute Council’s armed forces champion, said he was pleased at the successful appeal and that it was “very appropriate”.

A spokesman for the applicants said: “The matter of a potential judicial review is a decision for the local authority. However, if Argyll and Bute Council decides to pursue such a course, it would seem at odds with the spirit of the Armed Forces Covenant to which it is a signatory. 

“Further, it will involve unnecessary use of substantial amounts of taxpayers’ money in times of budgetary restraint, and risks denying two disabled veterans and their families a place to live in Argyll and Bute at a time when the council area urgently needs inward migration.”

The application attracted 352 expressions of support and 193 objections.

A report prepared by planning officials stated: “Because of the issues raised about the justification (or lack of it) for the proposal, the fact that the Reporter found it to be contrary to local plan policies on developments in the green belt, and the failure to limit the permission to disabled ex-servicemen, the council has taken independent legal advice from Brodies regarding prospects for a statutory appeal under Section 239 of the Town and Country Planning (Scotland) Act 1997.

“This advice is awaited and will be reported to members at the meeting of the PPS&L committee.”

But while the merits - or otherwise - of the reporter's decision were discussed, the nature of the legal advice was not.

A council spokesperson said: "The council is in discussion with the developer following the reporter’s decision."