Airthrey Kerse plans veto could be overturned
Court to look at proposal for 600 new homes on site
Campaigners fighting plans to build 600 homes on Airthrey Kerse were dealt a blow this week.
The Court of Session is being asked to overturn a decision made by Scottish Ministers in June to refuse planning permission for the controversial development between Causewayhead and Bridge of Allan.
Graham’s The Family Dairy – in partnership with Mactaggart & Mickel Homes – has lodged an appeal to the court over the rejection of their application for the site, which they had hoped would help fund a new dairy plant on the outskirts of Stirling.
In its grounds for appeal the company said the decision taken by Ministers was based on “irrelevant information” and not within the powers of the Town and Country Planning (Scotland) Act 1997.
It argues that Scottish Ministers “erred in taking account of irrelevant considerations and/or leaving out of account relevant considerations” by failing to factor in a material change in circumstances since the DPEA Reporter’s submission of his report of June 2017.
Graham’s claim Scottish Ministers relied in full on the Reporter’s recommendation that to approve the appeal would prejudice the outcome of the Local Development Plan examination.
However, they say, this recommendation was made in June 2017 and by June 2018, the LDP examination had concluded.
They also allege that Scottish Ministers “failed to give proper consideration to the fact that the LDP process has resulted in a plan which continues the housing shortfall in Stirling”
They said the “dire situation” was a major contributor to unsustainable house price increases in Stirling, a situation which “would have been resolved had the appeal been allowed”.
The appeal also claims that Ministers failed to provide “proper, adequate and intelligible reasons for their decision”.
The community want closure on this and an acceptance that this vital piece of green belt has been protected from development
The Airthrey Kerse planning application included the building of 600 houses - including 150 affordable units - a new primary school and public park.
Graham’s managing director Robert Graham said this week he believed there were “compelling grounds” for the appeal.
He added: “We are extremely disappointed by the Minister’s decision, which we maintain placed more importance on continuing to protect a failed Local Development Plan process than supporting the delivery of much needed homes, infrastructure and creating 500 new full-time jobs within the city of Stirling and the Scottish dairy sector and £65.3m gross value added (GVA) per annum into the Scottish economy.”
Mactaggart & Mickel Group Director Andrew Mickel said: “This proposed development would provide desperately needed affordable homes, together with a wealth of new amenities including a new primary school, publicly accessible parkland and a local neighbourhood centre.
“Stirlingshire is in the midst of a housing shortfall and it is very disappointing that the government’s apparent short-sightedness is failing to see the bigger investment and growth picture that could bring real improvements for the future.”
The firms’ decision to take the matter to the Court of Session, however, has drawn criticism.
Green MSP for Mid Scotland and Fife Mark Ruskell said: “The community in Bridge of Allan has been fighting these plans for many years and their dedication has been vindicated time and again.
“The plans are contrary to the Local Development Plan and have been rejected by both Stirling Council and Scottish Ministers.
“Graham’s Dairy should now cut their losses and accept that they won’t be building on this historic greenbelt, instead of dragging the community through another futile episode.”
Alasdair Tollemache, Green councillor for Dunblane and Bridge of Allan, added: “It is disappointing that Graham’s have decided to go to the Court of Session.
“The community wants closure on this and an acceptance that this vital piece of green belt has been protected from development.”