Building of 62 homes in Dundee will go ahead after Holyrood overruled by Court of Session

A group of community campaigners have spoken of their disappointment after a decision to deny planning permission by ministers was overruled by a higher authority.Persimmon Homes North Scotland said it “welcomes” the decision by Court of Session judges to overturn the Scottish Government ruling.Government reporters said in September the housebuilder had not presented a “compelling case” to justify building on the land – the site of the former Kingspark School – following the rejection of the plans by Dundee councillors.The legal ruling does not grant Persimmon planning permission. Instead, the case will now be reviewed again by the government’s planning appeals decision, known as DPEA.If the second review finds in Persimmon’s favour, it could spell the end of a four-year fight by locals to halt development. Kirkton residents formed Save Kingspark for the Community after the plans came to light in 2015, claiming the land is unsuitable for housing.The Court of Session’s decision focused on a document drawn up by Dundee City Council in 2016 called a “site planning brief” (SPB).The SPB described the Gillburn Road land as “an opportunity . . . to create a high quality housing development”.Government experts who refused Persimmon’s appeal said this document was not enough to justify granting planning permission. This was because it wasn’t included in the council’s latest Local Development Plan (LDP 2) – the tightly controlled blueprint for construction in the city.However, the Lord President Lord Carloway, sitting with Lord Menzies and Lord Brodie, concluded the SPB was the “most up-to-date expression” of Kingspark as a site suitable for housing.