DEVELOPERS HAVE scored a double appeal success over a rural Angus site with a chequered planning history.
A clutch of luxury homes now grace the land around where the former Kingoldrum garage once stood, but the downturn in the housing market left the firm behind the scheme struggling to sell the properties and facing a challenge to complete the agreed project.
Last May, Jacobson Properties went back to Angus Council planners hoping to replace three homes on the original plan with an L-shaped terrace of eight flats. The company also asked the authority to drop a condition requiring a contribution of £500 per home for open space provision.
Against the approval recommendation of planning officials, development standards committee members rejected the flats plan, with one councillor describing the block as more in keeping with a military camp than rural Angus.
The committee also rejected the bid for the open space payment to be relaxed.
Jacobson Properties appealed both decisions and councillors have been told that Scottish Government reporter has backed the company on each matter.
Looking at the flats bid, the reporter accepted that there were differences between the five homes already completed and the fresh proposal, but added that there were “considerable differences” between the style of other buildings in Kingoldrum.
“I do not consider that there is any particular development pattern that has to be followed and variety of building styles is of itself a characteristic of the village,” said the reporter.
“I appreciate that there were mixed opinions over the merits of the approved scheme. Nonetheless the planning authority considered the proposal acceptable.
“Although the combined development would be different, I cannot agree that it would be incongruous in a way that would be detrimental to the overall visual characteristics of Kingoldrum.”
The reporter added: “It seems to me that the designer of the proposal has gone to considerable lengths to make sure that the proposed flats are read as part of the entire redevelopment site.
“Similar materials are proposed and the flats share other similarities with the adjacent new houses.
“The author of the committee report also attached weight to the fact that the proposed flats would be at least more affordable than the approved three houses and it is the opinion of the appellant that the proposal would secure the early completion of the development.
“I accept that there is no guarantee that the proposal would be developed if planning permission were granted. However, the available evidence suggests that completion would be more likely.”
On the open space contribution condition, the reporter said there was no evidence that eight new homes on the former garage site would create any “particular or wider shortfall in open space provision.
“I agree with the council, that the fact that Jacobson Properties did not pay the contribution and now find themselves in financial circumstances where they are unable to do so, is not of itself relevant.
“However, the practical effect of maintaining the agreement would be to further delay development of the site.
“I have not been provided with any evidence that there is a specific scheme for improving public open space provision that would be forfeited as a result of discharging the agreement.
“Overall, in the circumstances of this case, I am not persuaded that the clause meets the reasonableness test.”
gbrown@thecourier.co.uk