Developers given permission to extend an industrial estate have lost an appeal to have a planning condition requiring them to make a payment towards transport infrastructure scrapped.I and H Brown and Rossco Properties were granted planning permission in principle by a council committee to form a mix of business, general industrial and storage and distribution sites at the Inveralmond Industrial Estate in January last year.The pair recently applied to have a planning condition added to their consent requiring them to make a financial contribution towards improving transport infrastructure removed but this was refused by the local authority last December.Environmental consultants Ironside Farrar wrote to the Scottish Government on behalf of I and H Brown and Rossco Properties earlier this year requesting a review of the local authority’s decision.They argued that through a claimed “lack of provision” in the planning condition “the council cannot demonstrate that the condition is necessary, relevant to this development, enforceable or reasonable in all other respects”.The consultants said in their statement of appeal: “The intended effect of the condition appears to be to give the council the ability to reassess the development (seemingly on a continual basis) against development plan policies notwithstanding it has assessed and already granted permission for the development.“The council was required to assess the application against the development plan and relevant material considerations at the time of deciding the planning application.“If the council considered developer contributions to be required ...
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