The Courier & Advertiser (Fife Edition)
Dairy in appeal against refusal of Stirling plans
Graham’s fighting rejection of homes plan on grounds that irrelevant information taken into account
Graham’s The Family Dairy has lodged an appeal to the Court of Session to overturn the decision by Scottish ministers to refuse planning permission to redevelop Airthrey Green on the outskirts of Stirling.
The dairy, together with Mactaggart & Mickel Homes, is seeking consent to build a 600-homes development, including 150 affordable units, and a national dairy processing, research and development and training centre. It also includes plans for a new primary school and public park.
It says its appeal has been submitted on the grounds that the decision was not within the powers of the Town and Country Planning (Scotland) Act 1997 in that the decision taken by ministers was based on irrelevant information being taken into account.
The appeal argues that Scottish ministers “erred in taking account of irrelevant considerations and/or leaving out of account relevant considerations by failing to take into account the material change in circumstances since the Reporter’s submission of his report on June 1 2017.”
It says ministers relied, in full, on the reporter’s recommendation that to approve the appeal would prejudice the outcome of the Local Development Plan (LDP) examination. However, this recommendation was made in June 2017 and by 2018 the LDP examination had concluded.
The appeal also claims that ministers failed to provide “proper, adequate and intelligible reasons for their decision”.
Graham’s The Family Dairy managing director Robert Graham said: “We believe compelling grounds exist which has culminated in our joint appeal with Mactaggart & Mickel Homes to the Court of Session.
“We are extremely disappointed by the ministers’ 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 £65.3 million 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.”
A Scottish Government spokesman said: “Ministers carefully considered this application and its economic and housing benefits.
“However, they accepted the independent planning reporter’s view that these benefits do not outweigh the loss of a significant area of sensitive greenbelt land and upheld Stirling Council’s original decision to reject the planning application.”