A CASH-STRAPPED Labour-run council has ignored costly Queen’s Counsel advice against spending more than £185,000 taking the Scottish Government to court over the approval of a new rail freight terminal, which will generate more than 5,000 jobs.

North Lanarkshire Council Labour group members on the planning committee voted unanimously to lodge a judicial review costing thousands of taxpayers money despite being told by top lawyers: “The Scottish Ministers’ decision is legally secure and ... there seems to be no productive grounds of challenge”.

In a confidential report obtained by The National, the QC also clearly stated a decision to plough ahead with a judicial review would be risky and “there would be low chance of success”.

Thirteen Labour councillors on the council’s planning committee voted to totally disregard the legal advice, believed to have cost around £40,000, and continue with the legal challenge. The five SNP members voted against the move, given the heavy financial risks to a council already struggling to provide vital services.

PD Stirling (PDS), which operates the existing Mossend Railhead in Bellshill, plans to expand by creating the Mossend International Railfreight Park (MIRP).

It said the park would boost rail-link capacity to UK and European markets, protect the environment and create thousands of new jobs.

MIRP will include warehousing and manufacturing space near the terminal.

It will also feature distribution, service and logistics facilities, allowing occupiers to load directly to and from trains.

Scottish ministers approved the project after North Lanarkshire Council last year refused to grant permission for the scheme because of objections from local residents.

SNP group leader David Stocks described the decision to go against legal advice as “disgraceful” and “unbelievable” given that the council announced a three-year plan in 2013 to cut £62 million from its budget, and there are more cuts on the way over the next two weeks. He said: “The SNP members who were at that planning meeting voted against it because we think it is disgraceful that, at a time when there will be further cuts in services in a few weeks. and against the advice of Queens Counsel, they are going ahead with this.

“It will cost in excess of £185,000 if they lose this case but it does say in the report that it could go further than that, in which case the costs will just jump way up and the council cannot afford to take risks like this with taxpayers’ money.

“It is quite clear from the papers that they don’t have any grounds for a judicial review. There were Labour councillors sitting there saying ‘I believe we’ve got a good chance of winning this, there are flaws and arguments’ but that is not what the QC says, and they are not experts in law.

“I believe the move is purely a political one because it doesn’t make any sense whatsoever.”

LEAD SNP member for planning Sophia Coyle, who attended the meeting, said to go ahead with lodging a judicial review after paying for the best legal advice which clearly warns against it was “beyond belief”.

She said: “I don’t know why they even bothered paying all that money for counsel’s advice if they were determined to go ahead regardless.

“None of us are lawyers and to turn around and basically ignore all the advice they paid a fortune for doesn’t make any sense, especially at a time when there are massive cuts to vital services.”

Her father Michael, who is an Airdrie councillor, also described the decision as an “outrage”.

He added: “To go against the legal advice that they paid for is outrageous. They are happy to throw in excess of £200,000 down the drain when there are people, including the disabled, struggling to get the care services and facilities they desperately need.”

PD Stirling director David

Stirling, said he was “disappointed” by the council’s decision to lodge a judicial review, and would be seeking legal advice.

HE added: “We are a family-run business which has been going in North Lanarkshire for 30-odd years. We have long-term plans to invest in the area and this is very frustrating.

“We are really disappointed. All we want to do is bring jobs into the area and protect the environment with carbon savings and all sorts of things.

“We note North Lanarkshire Council’s decision to seek a judicial review of the Scottish

Government’s decision to support our plans for Mossend

International Railfreight Park (MIRP).

“We remain confident that MIRP will open up new opportunities for rail freight and help to secure new investment and economic benefits both in Lanarkshire and across Scotland.”

North Lanarkshire Council said it “believes there are grounds to seek a judicial review” of the Scottish ministers’ decision to grant planning permission.

“We do not comment on legal advice received or any discussions which take place in private session. It is not possible to say with any certainty what costs may or may not arise from the judicial review process. However, it would be wholly wrong to conflate expenditure in one area of the budget with expenditure in another.”