Scottish government overturns rail freight hub planning refusal on 'sustainable development' grounds

The proposed Mossend International Railfreight Park (MIRP) would be built in Bellshill, and provide freight handling and distribution facilities. Logistics firm PD Stirling, which operates the existing Mossend Railhead, said that the planned expansion would provide Scotland with a 66% increased capacity rail link to the rest of the UK and Europe, and had the potential to create 4,900 new jobs during the construction and operational phases.

Planning law expert Gary McGovern [link] of Pinsent Masons, the law firm behind Out-Law.com, said that the Scottish ministers' decision was a "bold" one which showed the "potential teeth" behind the presumption in favour of sustainable development contained in the Scottish Planning Policy (SPP).

"Given the substantial level of local opposition to the scheme and a conflict with the local development plan arising from the loss of green belt, it would have been tempting for the ministers to follow the more cautious line recommended by the reporter," he said.

"I expect some may find it surprising that the SPP presumption in favour of sustainable development has been applied in support of industrial development in the green belt. However, the presumption involves balancing different, and often competing, principles, including economic benefit. While the ministers also stressed the substantial carbon savings resulting from the shift of freight from road to rail in their decision letter, as with many planning decisions this boiled down to a decision about jobs and long-term economic benefits," he said.

The SPP is the Scottish government's statement of policy on how nationally important land use planning matters should be addressed across the country. Among the biggest changes introduced in its latest version last year was a new presumption in favour of sustainable development as a "significant material consideration" where local development plans were out of date or silent.

A new National Planning Framework (NPF3) was published alongside the revised SPP, setting out the Scottish government's 14 priorities for major infrastructure development. Both NPF3 and the revised SPP support the broad need to shift freight transportation from road to rail, including by planning for new or expanded rail freight interchanges. However, the Mossend site is not listed with alternatives in Grangemouth and at the Firth of Forth in NPF3.

In their decision letter, the Scottish ministers said that the reporter was correct to find the proposed development contrary to the local authority's development plan. However, they said that there were "material considerations" that carried "sufficient weight" to support the application, in light of the national planning priorities.

"The development has a specific locational need, requiring a site adjacent to existing rail services, and would deliver an important strategic rail freight transport hub," they said in their letter.

"Modal shift from road to rail results in a reduction of traffic congestion and a reduction in carbon emissions by 80 per cent for every tonne of freight moved by rail in comparison to road. The development would contribute to substantial carbon savings, estimated to be of the order of 140,000 tonnes of CO2 emissions annually due to reduction in HGV mileage, and ministers have attached significant weight to this ... It is also expected to contribute to significant economic benefit through job creation," they said.

The ministers concluded that these benefits outweighed the negatives of the scheme, caused by the loss of green belt land. PD Stirling has committed to offset some of this loss by including community green space and woodland on the site, which would also act as a "buffer" between the proposed development and residential areas, the ministers said.

"Predicting the net economic impact of any scheme is never an exact science and this case was complicated by the fact the scheme is predicted to lead to job losses elsewhere, and its full benefits may only be felt after 2030," said planning expert Gary McGovern. "But even the more cautious assumptions did still point to substantial economic benefits over the longer term, which is ultimately what tipped the balance in favour of approval."

The decision is only outline permission, and elements of the scheme will be subject to further applications. North Lanarkshire Council has not yet indicated whether it intends to appeal the decision.