A DECISION by councillors to refuse planning permission for a housing development has been overruled – with developers targeting starting work in autumn.
Management of Cala Homes appealed to Scottish ministers after Argyll and Bute Council’s planning, protective services and licensing (PPSL) committee blocked its bid to amend a condition of planning permission in August 2024.
Planning permission in principle for the site at Kirkton Farm, outside Cardross, was granted in 2017, but a change of the condition was blocked due to concerns over flooding.
Council officials had recommended granting planning permission, but a decision to refuse won a roll call vote by five votes to four.
A Scottish Government officer has now overruled the decision and upheld the appeal by Cala. The housing company now hopes to start work at the site later this year.
The report will go before the PPSL committee at its meeting on Wednesday, June 18. It is only for noting by councillors, so no discussion will take place.
The Scottish Government officer said: “The council’s and representees’ concerns relate to the implications of the proposed drainage arrangements on land west of Darleith Road, specifically on the Mill Dam pond and on flood risk along the Geilston Burn including at the property ‘The Glen’. The focus is therefore on part (iii) of condition 11.
“Development-related water flows into this land would come from three sources. Firstly, runoff from land to the north of the development site that currently flows overland across the site and finds its way into the Geilston Burn (a small proportion may currently drain towards Barrs Road). It is proposed that this water be captured by a cutoff ditch and discharged into a tributary of the Geilston Burn (which apparently flows into the Mill Dam pond).
“The second source would be surface water originating from the development site itself. This water is to be directed to a SUDS detention basin from which the outflow is to be limited to the one in two year greenfield release rate.
“The detention basin is said to have sufficient capacity to cater for a one in 200 year rainfall event plus a 41 per cent allowance for climate change.
“The third source would be surface water originating from the existing Kilmahew Avenue/ Drive/ Court development to the east of the appeal site. It appears that surface water drainage from this area was incorrectly connected to the combined sewer in Barrs Road. This may be contributing to flooding issues downstream in Cardross.
“It is proposed to divert the surface water from Kilmahew Avenue into a new Scottish Water pipe (the ‘third pipe’) across the southern part of the appeal site. Together with the outflow from the SUDS basin, it is proposed that this water would then discharge to the west of Darleith Road in the vicinity of the Mill Pond.
“I note that this element of the water discharge would effectively implement the arrangement that should have been put in place originally in the agreed plans for the Kilmahew Avenue estate, albeit the discharge into the Geilston Burn is now proposed at a more upstream location.
“I am satisfied that the surface water discharges from the first two sources (the cutoff ditch and the SUDS basin) would be broadly equivalent to the agricultural runoff experienced pre-development. The flows originating from Kilmahew Avenue would be additional.”
The official added: “I find that the submissions demonstrate to my satisfaction that the development will not increase the risk of off-site surface water flooding.
“I do not consider that this policy requires the appellant to manage the water arising from the existing Kilmahew Avenue estate. The council’s professional advisors on flooding matters are content that the appellant’s submissions meet the required technical standards.
“The professional evidence before me therefore firmly favours the appellant’s position. Overall, I conclude that the requirements of condition 11 have been satisfied.”
A statement by Cala said: “Cala are delighted with this positive decision, and we continue our work with Argyll and Bute Council to secure the remaining necessary consents to facilitate this much needed housing development.
“We are currently targeting the start of the enabling works in autumn 2025, with first residents welcomed late 2026/early 2027.”
