A Broxburn man is considering an appeal to the Scottish Government after the council rejected plans for a new family home at his smallholding.
Gordon Bow suffers from a terminal illness and said he needs the accommodation for his son and family members to help him.
And local councillor Angela Doran-Timson highlighted how few councillors were at the meeting which made the decision.
She echoed Mr Bow when she told the Local Democracy Reporting Service “I don’t think Gordon got a fair hearing.”
Planners recommended refusal
Speaking at last week’s meeting of the Development Management Committee (DMC) in Livingston, planners said the proposals for a five-bed two-storey home on site, adjoining a disused tractor shed would contravene strict rules about housebuilding in the countryside and recommended refusal.
In all 11 policies against development in the countryside would be contravened. Planners said the development would encroach 60sqm into the countryside to the west of the smallholding at 11 Holmes Holdings.
Mr Bow told the LDRS: “I’ve got 12 acres of spring barley growing. The 60 sq meters is insignificant. It won’t encroach on the barley whatsoever.
“I just don’t see what the problem is. People might think I have a big house but it is only three bedrooms. There’s not enough space for my son.”
He added: “I have a terminal illness and I need my family near me to help.”
Few councillors at meeting
Only three councillors were at the Development Management Committee meeting last week. A fourth joined remotely. Another two were on holiday and a third is undergoing training to sit on the committee.
Conservative group leader Damian Doran-Timson had spoken up for Mr Bow at the meeting, suggesting that some leeway be given to the proposals, but he had no-one to back up an amendment against the Labour motion to support planners.
One of Mr Bow’s local councillors is fellow Conservative, Broxburn’s Angela Doran-Timson. She told the LDRS: “ I don’t think Gordon got a fair hearing because there were so few councillors at the meeting.”
Previous meeting inquorate
The councillor referred to an application for a solar farm near Kirknewton. Damian Doran-Timson had to withdraw from the meeting because he had voiced an opinion. His inability to take part rendered the meeting inquorate, meaning there were not enough councillors to make a decision.
That hearing has now been delayed until September when it will be debated by the full council. It is thought to be the first time the DMC has had to refer a matter to full council for that reason.
A spokesperson for the council told the LDRS: “Except where required for regulatory committees, the main school holiday periods are avoided when scheduling meetings.
“The Development Management committee does not go into recess during the summer period as we have a legal obligation to process planning applications in a timely manner.
“The council’s Standing Orders sets out the minimum number of elected members that must be present to ensure that meetings are quorate and that business can be transacted. The Development Management committee was quorate with three members present when this decision was made.”
