Construction of a huge affordable housing scheme which was blocked due to noise concerns may still go ahead.
Springfield Properties has appealed to the Scottish Government after Fife Council rejected its bid to build 152 houses and flats on land north of Nairn Street, Kirkcaldy.
Councillors were concerned that tenants would be subject to such unacceptable levels of noise from a nearby factory, trains and traffic that they would have to keep their windows shut to keep it out.
The firm is asking the government to overturn the refusal, claiming the decision by Fife Council’s central area planning committee was unjustified.
It says homes on the five-hectare brownfield site, formerly occupied by the Nairn’s linoleum factory, would use a mechanical ventilation with heat recovery system (MVHR), which allows houses to be aired with windows closed.
Springfield Properties said the council’s decision suggested council officers did not fully understand how MVHR systems work or how they would be used by tenants.
“In circumstances where MVHR is deployed the need to open windows becomes significantly reduced to the point where they are seldom if ever needing to be opened,” the company said.
“Tenants will be fully instructed by Kingdom Housing Association in how these affordable homes fitted with MVHR can be best used to achieve the real monetary benefits of the system.”
In a statement to the Scottish Government, Springfield said: “The proposed inherent mitigation for the site and the glazing and ventilation strategy are industry-leading approaches for residential developments.
“These will meet all requirements of relevant building regulations and deliver wider tangible benefits to tenants.”
Springfield Properties said that even if recommended decibel levels were exceeded in gardens – by a combination of the nearby Forbo Flooring factory working at full capacity, a train passing and traffic at normal levels – it was unlikely to be an annoyance to the majority of those affected.
It said the council had “clearly overstated the levels of annoyance that might arise if noise levels exceed 55dB in private amenity spaces”.
The Larbert-based company wants to build several four and three-storey blocks of flats and terrace and semi-detached properties for mid-market and social rent by Kingdom Housing Association.
Homes on the north-west part of the site fronting on to the factory would be protected by three-metre-high acoustic barriers.
As well as the impact on residents, the council feared the noise nuisance would generate complaints against neighbouring businesses.
The appeal will be determined by August 7, following a site visit by a Scottish Government reporter.
Fife Council’s response to the company’s statement has yet to be published.