The latest plans to expand a Broughty Ferry housing development will not go ahead after the Scottish Government dismissed an appeal seeking to overturn the council’s refusal to grant planning permission.
Kirkwood Homes was looking to build an additional 38 homes at Balgillo Heights.
The development, built on land south of Linlathen Grove, already has around 250 properties.
However, Dundee councillors refused the expansion plans last August citing concerns the development failed to meet the needs of residents living in the scheme.
Kirkwood subsequently appealed to Holyrood seeking to reverse the council’s refusal but the reporter assigned to the case determined there was no justification to allow the expansion.
Bosses say they are now reviewing the next steps for the site.
The decision is the latest chapter in an almost decade-long saga which has seen multiple applications submitted, refused, and appealed.
The Courier takes a look at how we got here.
Plans first unveiled nine years ago
Plans for the Balgillo Heights development first emerged in May 2016 when Kirkwood lodged an application with DCC seeking permission to build 150 homes.
However the proposals drew a raft of objections, including one from the Broughty Ferry Community Council.
The group raised concerns about the lack of capacity in local primary schools and the potential for over development.
Councillors subsequently refused to grant planning permission – despite planning chiefs recommending approval – because it did not comply with the local develop plan.
Kirkwood then unsuccessfully appealed to the Scottish Government bidding to overturn rejection.
In 2018, the developer submitted a revised proposal for the site which again sought planning permission for 150 houses.
And despite being recommend for approval by planning chiefs, councillors once again voted to refuse the proposal.
This sparked fury from Kirkwood bosses, who claimed the decision would drive investors from the city towards neighbouring local authorities instead.
They subsequently won planning permission after an appeal was allowed by the Scottish Government.
One of the stipulations of planning permission, however, was that Kirkwood would pay a financial contribution towards a new primary school for the area.
A further planning application seeking permission to expand the Balgillo Heights development by 100 houses was then lodged with DCC in 2019.
Similar to the previous plans, this was rejected by councillors amid fears it would have a detrimental impact on surrounding areas, including increased pressure on roads and schools
However, the expansion was eventually given the green-light when a Scottish Government appointed reporter overturned the refusal on appeal in 2020.
It was determined the site had capacity for 250 houses and the concerns noted by councillors did not justify refusal of planning permission.
Similar to the previous successful appeal, Kirkwood was required to contribute financially to expanding school provision in Broughty Ferry.
What about the new school?
In August last year, Kirkwood submitted an application to DCC asking them to scrap the previously agreed financial obligation.
Bosses argued the projected pupil roll for Forthill Primary School contradicts the council’s assertion in 2018 that it was nearing capacity.
The developer then took their case to the Scottish Government after the local authority failed to make a decision within the stipulated time frame.
And in January, Holyrood ruled in their favour – meaning the obligation to pay towards education provision in the Ferry is now scrapped.
Conversation