Dundee City Council has been ordered to pay Tim Hortons potentially thousands of pounds in expenses after holding up the opening of its new city drive-thru.
A Scottish Government reporter found the local authority’s planning committee acted in an “unreasonable manner” when rejecting the development at New Craigie Retail Park.
The development eventually went ahead after an appeal but the Canadian coffee chain has also won a battle to retrieve the money it spent challenging the original ruling.
Dundee City Council has not revealed the exact figure to be paid but it is expected to be four figures.
Failure to understand planning framework
The government’s planning appeals division found the committee failed to understand the council’s own framework, despite “clear advice” from its head of planning and development.
The issue stems from the fact a different application to open a coffee shop and drive-thru at the site was previously approved by the committee in 2017.
At that time councillors said the economic benefit, regeneration of the site and the provision of local facilities outweighed any concerns over increased traffic.
This meant the council could not legally refuse a similar plan unless it cited fresh reasons.
Council officers had recommended the plan be approved for this reason but elected members voted to reject the plans, arguing it would result in increased traffic and take footfall away from town centres.
In a ruling published online, government reporter Trudi Craggs said: “In a democratic context the planning committee was perfectly entitled to arrive at a decision different to that recommended by its planning officer, provided that it had reasonable grounds for doing so.
“In this case, I am not persuaded that it had reasonable grounds.
‘Unreasonable’ grounds for refusal
“Although I consider that the council gave a complete and precise reason for refusal, in my view that reason was unreasonable given the planning permission in principle
which had previously been granted.
She added: “Further, the reason for refusal is not supported by the evidence before the council.
“It is clear from the submitted documents that the appellant had taken steps to encourage access on foot or by cycle.”
The refusal delayed the building of the new Tim Hortons by at least six months.
The firm previously thanked locals for their support while it waged battle with the council.
No opening date for the drive-thru has been confirmed but the building could be finished within the next few months.
The firm — famous for its miniature donuts — is currently recruiting for front of house staff and managers.
A spokesperson for Dundee City Council said: “The council has accepted the reporter’s decision and will meet the expenses.”
Tim Hortons did not wish to comment.
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