Eadie Cairns Ltd v Fife Council

[3] The applicants' first involvement in the planning history was when they applied for permission to build a restaurant/pub on the site; this being refused on 28 April 2003. An appeal against that refusal was dismissed, after a public local inquiry, in July 2005, on the ground that the impact associated with the scale of the proposed development was unacceptable. At that time, it was, however, accepted by the respondents that some development on the site should take place. The only issue was its scale.

[7] After his detailed consideration, the reporter expressed himself satisfied that:

"81 ... any potentially significant matters of local environmental impact have been covered in the above assessment with regard to the development plan and other material considerations ... [T]he favourable considerations, overall, outweigh any conflict with the development plan and any other adverse matters. This conclusion is subject to being able to devise and impose appropriate and necessary conditions."

Outline planning permission was therefore granted subject to the resolution of a number of reserved matters. It was specifically provided that an application for approval of the reserved matters be made within 3 years and the development commenced within 5 years (or 2 years from the detailed permission).

[10] Meantime, in or about February 2010, the new proposed Dunfermline and West Fife Local Plan had been drafted. In relation to the zoning for the site (proposal DGB 011), it was recorded correctly that it already had outline planning permission for commercial leisure and housing uses. However, the proposal continued as follows: