Developers behind the Balgillo Heights housing scheme in Dundee have taken their bid to avoid paying a financial contribution towards a new school to the Scottish Government.
Kirkwood Homes previously lodged an application with Dundee City Council seeking to end an agreement the two parties made regarding the Broughty Ferry development.
Known as a Section 75 agreement, it involved Kirkwood making a contribution towards primary school education for residents living in the housing scheme.
The obligation was stipulated by Dundee City Council (DCC) when they granted planning permission in 2018.
The contribution was set at £5,137 per house. Kirkwood has built around 250 homes at the site, but the payment only relates an application for 150 houses.
This equates to a little over £770,000.
A separate appeal will be submitted in due course regarding the payment sought for the remaining 100 homes.
Row centres on Forthill Primary capacity
In their application to DCC – lodged in July – Kirkwood said the local authority was wrong in their assertion Forthill Primary School would be overcapacity as a result of the Balgillo development.
Figures published earlier this year show that as of September 2023, Forthill Primary was at 75% occupancy.
As per national guidelines, Dundee City Council had two months to make a decision on Kirkwood’s application. However, they have failed to do so.
And the developer now says they have “no choice” but to take their fight to Holyrood.
Allan Rae, land director at Kirkwood Homes, said: “Following much consideration, we have taken the decision to appeal our S75A planning applications to the Scottish Ministers on grounds of non-determination.
“The council has unfortunately failed to discharge its statutory obligation within the eight-week time limit and therefore we believe we have no option but to appeal in order to resolve the matter.”
‘DCC failed to adhere to strict rules’
Mr Rae also took aim at DCC, who he accused of flouting planning rules.
He added: “There are strict rules regarding when it is appropriate and acceptable for a local authority to require a substantial payment from a developer towards the cost of providing infrastructure.
“In this instance, Dundee City Council failed to adhere to the strict rules and the requirement to make the payment is not competent.
“Against a background of a national housing crisis, it is simply not acceptable for the local authority to continue to seek often very substantial payments from housebuilders which cannot be fully justified in terms of the applicable rules.
“As I’ve said previously, the council has 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.
“It acts as a serious disincentive in the delivery of much-needed new housing in Dundee.”
A spokesperson for Dundee City Council said: “While we are disappointed that Kirkwood Homes have decided to take this forward, we cannot comment on an ongoing appeal.”
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