HOUSEBUILDER Goes To Court Over Planning Refusal

13 July, 2022 | Local, Planning

An indicative layout for the proposed development

A DEVELOPER has appealed to Scotland’s highest civil court in a bid to get permission for a major residential development at Kilmacolm.

Taylor Wimpey (West Scotland)’s application for around 100 houses at Planetreeyetts was rejected by Inverclyde Council last year.

The company appealed, urging that the decision be reversed, but a Scottish Government-appointed planning reporter backed the council’s verdict.

Taylor Wimpey is now attempting to get the verdict overturned by appealing to the Court of Session.

The Government appeal expert Claire Milne issued her report in March and stated: “This proposed housing development could make a valuable contribution to a sizeable shortfall in the five-year effective housing land supply. However I find it contrary to the [Inverclyde] development plan overall.”

The report continued: “I consider that the adverse impacts of the proposed development, primarily its harmful effect on the landscape character and setting of Kilmacolm and the local area, and that it would encourage unsustainable vehicle trips, significantly and demonstrably outweigh the benefits.”

Planetreeyetts

The application was considered by the council at the same time as a proposal by Mactaggart & Mickel Homes Ltd for 75 homes at Kilmacolm Meadow, west of Quarry Drive, which was approved.

Officials had chosen the Quarry Drive site for residential use in the proposed new Inverclyde Local Development Plan to meet a housing shortfall whereas the Planetreeyetts site was to remain as green belt.

Planners stated: “A range of sites over a variety of geographies across the whole council area have been identified to address this [housing land supply] shortfall and, with specific regard to Kilmacolm, the [Quarry Drive] application site has been determined to be the most sustainable of the potential land release options.”

The council refused the Planetreeyetts plan because it would lead to an “inappropriate level” of new housing in the village, failing to protect its quality, character, landscape setting and identity.

Further reasons included loss of trees and the generation of a significant level of private car traffic.

Agents for Taylor Wimpey (West Scotland) stated in documents submitted to the Government’s Planning and Environmental Appeals Division that “none of these reasons for refusal is considered to be sound” and that the council needed to reassess its position in respect of the housing land supply.

There is no indication regarding when the Court of Session case will be decided.

A visualisation of the proposed development

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