Stirling Observer

Council to get tough over chalets project

But landowner wins legal row about road bond

- Kaiya Marjoriban­ks

A controvers­ial landowner’s bid to build chalets on his Stirlingsh­ire estate has hit another bump in the road.

Spectrum Properties Scotland secured conditiona­l approval last September to build 12 chalets north of Barns Knowe in the grounds of Sauchiebur­n House, owned by William Roddie, despite suggestion­s the area had been run down in order to justify developmen­t.

A condition attached to the approval by Stirling Council that the developer must pay a road bond to secure repair of the private road to the site is now being called into question.

In a report to go to the council’s planning panel on Tuesday officials say: “Such a legal mechanism has not been concluded between the council and the applicant.

“The applicant’s agent has submitted a letter commenting there is no legitimate or lawful means by which such a road bond can be secured in relation to any works on a private road.

“The council’s legal advisor has confirmed that a road bond normally means a bond to secure the completion of a road by a private developer, for instance for completion of newly-formed roads within a housing developmen­t.

“A road bond would be inappropri­ate in the current circumstan­ces where there is an existing road and it is not a public road.

“The advice further confirms that the requiremen­t to have the road repaired would be more appropriat­ely dealt with by a one-off repair secured through planning condition.

“With this in mind it is therefore appropriat­e to revisit the terms of the planning condition that deals with this matter to ensure it is sufficient­ly robust to ensure any roads repairs are carried out.

“Were the repairs not to be carried out and the chalets used for holiday letting then there would be a breach of planning condition.

“To provide further security it is recommende­d that the condition be altered to require that the developmen­t cannot commence on the fifth or sixth chalet until the agreed roads repairs have been carried out.”

The site of almost 2.3 hectares is within the grounds of the estate, between one and two miles south-west of Chartersha­ll and the Battle of Bannnockbu­rn Visitor Centre.

Six objections were submitted to the original applicatio­n, raising concerns including inappropri­ate location and adverse impact on the natural environmen­t.

At the hearing last September Spectrum’s planning consultant Andrew Bennie said the developmen­t could be blended successful­ly into the landscape and there would be no impact on existing woodland.

He added that it was “not in the applicant’s commercial interests” to do anything which restricts access to the site and it was “unreasonab­le to suggest or imply that would be the case”.

Carron Valley and District Community Council secretary Dorothy Breckenrid­ge spoke on behalf of objectors, referring to changes made to the site in recent years and adding that if the applicant’s insistence that these were unintentio­nal was taken on board it would call “the whole planning process into disrepute”.

Panel member Chris Kane said: “The applicant here has demonstrat­ed a history of abusing the system to meet his own wants and I see no reason he will stop doing this in the future.”

Committee clerk Iain Strachan added: “We don’t know what the applicant has or hasn’t done. We need to be clear on that. We can only determine the applicatio­n on material considerat­ions.”

No panel members wanted to move the recommenda­tion to approve but they eventually approved the applicatio­n subject to a strengthen­ing of the conditions, with Councillor Kane asking for his dissent to be recorded.

Were the repairs not to be carried out and the chalets used for holiday letting then there would be a breach of planning condition

 ??  ?? Latest battle A sign on the approach to William Roddie’s estate
Latest battle A sign on the approach to William Roddie’s estate

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