Developers behind the Balgillo Heights housing scheme in Dundee are trying to get out of paying a previously-agreed £770,000 towards a new primary school.
In February 2018, Kirkwood Homes lodged plans to build 150 homes on Linlathen Road in Broughty Ferry.
Despite being recommended for approval, Dundee City Council’s planning committee initially refused the application.
Kirkwood subsequently lodged an appeal with Scottish Government seeking to overturn the committee’s refusal but before a decision was published, an agreement was reached with Dundee City Council.
Known as a Section 75 agreement, it involved Kirkwood making a contribution towards primary school education for residents living in the development.
The council has suggested this could be put towards a new school north of Arbroath Road.
Under the agreement, the contribution was set at £5,137 per house. Kirkwood has built around 250 homes at the site, but the payment only relates to the application for 150 houses.
Local school has capacity, Kirkwood says
However, Kirkwood Homes has now lodged a fresh application with Dundee City Council asking them to scrap the previously agreed financial obligation.
Writing in a supporting statement, bosses argued the projected pupil roll for Forthill Primary School contradicts the council’s assertion in 2018 that it was nearing capacity.
Figures published by Dundee City Council earlier this year show that as of September 2023, Forthill Primary was at 75% occupancy.
This, Kirkwood says, includes children from the completed parts of the Balgillo Heights development.
The developer also argues that any prospect of a new primary school is “little more than speculative conjecture devoid of any current discernible deliverability”.
Financial contribution ‘serious disincentive’
However, this will only be required should further land around Balgillo Heights be released or allocated for new housing as part of Dundee City Council’s next Local Development Plan.
Speaking on the application to remove the current financial obligation, Mr Rae said the requirement “acts as a serious disincentive” to investing in Dundee’s housing stock.
Mr Rae said: “The council previously sought substantial contributions for a school facility that there is no current requirement for and in which the council has made no firm commitment to deliver.
“The local school roll has never exceeded capacity as a result of our development being implemented and is now in fact well under, even after accommodating pupils arising from the development which has been built in four years.
“As such, requesting contributions in this way at this juncture would contravene Scottish Government planning policy and acts as a serious disincentive to invest in the delivery of much-needed new housing in Dundee.
“This is not to say that there will not be a requirement for school or community centre provision in future should more housing be allocated for the wider site around Balgillo Heights and developed out in the coming years.”
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