Legal action by Graham’s over refusal
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.”