Developers behind controversial plans to expand Halbeath Retail Park have made a bid to avoid paying £700,000 for roadworks.
Last year, West Planning Committee voted seven votes to five in favour of approving the plans for nine shops and food outlets east of Dunfermline, against a recommendation to refuse on the grounds it would take trade away from the town centre.
But the plans were granted with the condition attached that the applicant Royal London pay £703,234 towards strategic transportation interventions including a new northern link road.
Now Royal London wants that planning obligation removed.
The company has argued that the development is exempt from a planning contribution because the only unit the obligation applies to has a floorspace less than the threshold of 27,000 square feet.
However, Fife Council planners have argued that the whole of the development should be taken into account.
Councillors on West Planning Committee, who meet on Wednesday, have been recommended to refuse Royal London’s application to have the planning obligation removed.
The report going before councillors stated: “When considering whether a site requires to make a planning contribution there is a two stage process.
“The first stage is considering whether the type of development breaches any threshold for when a contribution is required. It is the overall gross floorspace of development which is used to consider whether a site needs to make a contribution rather than the net development floorspace following the application of other exemptions.”
The report went on: “The applicant also argues that this site needs no strategic transport interventions for it to be acceptable.
“They note that the northern link road — one of the strategic transport
interventions — is adjacent to their site and that the completion of this or the reservation of the land for its construction was not required for this development.
“No evidence has been provided by the applicant that none of the strategic transport interventions are required for their development.”
The expansion site, to the north of the existing Halbeath Retail Park units, has been subject to a number of planning applications but a previous proposal lapsed in December 2010 before any work was started.
To date, no work has started on the current plans.