Court rejects review bid

editorial image

A GROUP of concerned Mearns residents are facing a massive setback in the fight to protect their homes from flooding.

The Newton Mearns Residents Flood Prevention Group for Cheviot Drive has been refused a protective expenses order for a judicial review against East Renfrewshire council, as it was not of sufficient “general public importance” .

If given the go-ahead at the court of session case, the residents would have been financially protected in their 
bid to pursue protection of 
local properties from flooding.

Spokesman Dr Michael Bradnam confirmed the group is currently “reviewing the situation” before making a decision on whether or not to pursue further action.

He told The Extra: “ There is a potential flood risk. We employed an engineer who confirmed those concerns.

“We asked ERC to check the calculations so we can get the information independently checked. However they have declined to check developers’ calculations.

“We are very disaappointed in the council as we have raised legitimate concerns and we would have liked the council to act on them.”

The group has found a supporter in west of Scotland MSP Jackson Carlaw.

He said: “It comes as no surprise East Renfrewshire council has yet again failed to grasp that additional developments mean additional water dispersal problems.

“If they stopped obsessively trying to tarmac over limited green spaces, problems like this could be avoided.”

The group is concerned about a nearby housing development which they fear will increase water run-off.

MP Jim Murphy has asked the council to provide reassurance to local people.

He said: “It’s crucial that there is total certainty when building new houses that it doesn’t contribute to the flooding of existing homes.”

An ERC spokesman said the council “note the judgement with interest.

“We will wait to see whether the residents decide to continue to pursue their judicial review in light of the judgement.”