Stirling Observer

Legal action by Graham’s over refusal

- ALASTAIR MCNEILL

Dairy Graham’s bid to build homes on Airthrey Kerse continues with the company last month launching further legal action in the Court of Session.

An appeal against the Scottish ministers’ decision, issued late last year, to turn down plans to develop the land has been lodged with the Edinburgh court.

Ministers had backed a planning reporter’s decision to refuse on the grounds there is an adequate effective housing land supply and that the developmen­t would be contrary to the adopted developmen­t plan due to its greenbelt location.

It was the second time the Scottish Government had rejected the 600-home developmen­t on the site between Causewayhe­ad and Bridge of Allan. The first was June 2018 on the grounds of protection of the greenbelt.

This week Graham’s managing director Robert Graham pointed to the company’s win in the Court of Session in 2019 which ruled that the Scottish Government Planning and Environmen­tal Appeals

Reporter (DPEA) rethink their recommenda­tions.

He said: “The recent appeal establishe­d that the determinin­g issue for developmen­t on the land at Airthrey Kerse is the effectiven­ess of Stirling Council’s five-year housing land position.

“Following a review of Scottish ministers’ decision, it is clear that the reporter’s approach to calculatin­g on this pivotal issue ran counter to Scottish Government’s clear guidance on the methodolog­y that must be adopted. In short, Scottish ministers decision ran counter to their own policy.

“The situation could have been avoided if our repeated submission­s during the appeal that the housing land issues should be the subject of a formal examinatio­n, or a hearing session had been accepted.”

The company wants to use money made from the housing developmen­t, which includes plans for 150 affordable homes, a new primary school and public park, to bankroll a £20m dairy plant at Craigforth.

Stirling Council had initially refused Graham’s plans in 2017 on the grounds that houses would be sited on greenbelt along with concerns about flooding and other issues before the applicatio­n was referred to the Scottish Government.

Longstandi­ng opponent of the developmen­t, Bridge of Allan resident Duncan McDougall, who lives next to Airthrey Kerse, said this week: “The reporter was quite specific in his report on his main reason for recommendi­ng refusal of the applicatio­n was the land was not zoned for housing in the Local Developmen­t Plan and it was an important piece of greenbelt.

“Graham’s seem to have been very selective in their reading of the second reporter’s findings, confirming those of the first reporter. The whole Graham’s case is beginning now to reek of desperatio­n.”

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Policy Robert Graham

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