Dairy firm wins Bridge of Allan development appeal at Court of Session

The Court of Session has overturned a decision by Scottish Ministers to refuse planning permission for a 600-home development at Airthrey Kerse in Bridge of Allan.Graham’s The Family Dairy, in partnership with Mactaggart & Mickel Homes, lodged an appeal last year regarding its proposals to deliver a £20 million dairy, 600 homes, a new primary school and a public park.Stirling councillors refused planning permission in 2016 on the grounds it would run counter to the local development plan and result in the loss of a significant area of sensitive greenbelt and the decision was upheld by Scottish Ministers last June.The dairy firm’s appeal was 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.It argued 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 1 June 2017”.In particular, the appellants claimed that Scottish Ministers relied, in full, on the Reporter’s recommendation that to approve the appeal would prejudice the outcome of the Local Development Plan examination. However, this recommendation was made in June 2017 and by June 2018, the LDP Examination had concluded.As such, the dairy company has argued that the issue of prematurity no longer existed, and furthermore, that Scottish Ministers failed to give proper consideration to the fact that the Local Development Plan process has resulted in a Plan which continues the housing shortfall in Stirling.The Court of Session ruled in favour of the appeal.