Shore Road report says revocation not the correct way forward at this time
Seeking to revoke outline planning consent for an Energy from Waste (EfW) plant at Shore Road in Perth is not the correct way forward at the present time, a special meeting of the full Council will be advised on Wednesday 24 March.
A report says the Council is currently in a strong position to prevent any development it views as detrimental from taking place at the site without revoking the outline consent.
Grundon Waste Management (Grundon) has appealed the refusal of a reserved matters application for an EfW plant at the site, but the report states that the grounds for refusal are robust and expresses confidence that the appeal will be dismissed.
The Council also has a landlord interest in approximately half the site, which is common good land leased to Holden Environmental Limited. This would mean that any change of use for that land and any building to be constructed would require the consent of the Council, providing scope for a reasonable refusal should that be the wish of the Council.
The report says that an application to revoke outline consent would have to be submitted to Scottish Ministers for confirmation, taking the decision out of the control of the Council.
Members of the Council will be asked to support a recommendation that revocation would not be expedient at the moment, but that the matter be kept under review.
Council Depute Chief Executive and Executive Director of the Environment Service, Jim Irons, said: "After careful consideration we are recommending that this is not the time to seek revocation.
"We are confident that we have strong grounds on which to fight the reserved matters appeal. We also have landlord rights over the land, which puts us in a strong position.
"We believe the decision taken by the Development Control Committee in November last year, and the reasons for that decision, are sound. It is only right that we now stand by that decision, as we believe it is correct. We are confident that decision will be vindicated.
"It should also be noted that the outline consent has a limited life. Any further reserved matters applications would need to be submitted before 14 June 2010, or within six months of the dismissal of an appeal. If they are not, the outline consent will expire and will no longer exist.
"On the other hand, the final decision on any proposed application for revocation would be taken out of the Council's control and might result in the possible payment of compensation. Given our strong position, it is not expedient to expose the Council to a compensation payment for a development that may never go ahead.
"The recommendation being put before Councillors is one that has been proposed after very detailed consideration of the legal situation and the evidence."
