Developer fee dispute throws Clydebank homes plan into question
Plans to build four new homes in Clydebank could be refused over a developer fee dispute between West Dunbartonshire Council’s planning committee and developer David Lindsay.
After a two year wait, the planning application for the homes could be refused by the council’s planning committee because David Lindsay has not paid his £5,4000 contribution fee.
IN June 2018, members of the planning committee voiced their support for the construction of homes in Faifley.
However, since then, David Lindsay has been contacted on several occasions to pay the outstanding fee which has not been made available.
In line with the council’s ‘Our Green Network’ planning guidance, a developer must make a monetary contribution when there is a shortfall of open space. The payment would go towards the improvement of local open space and to comply with the terms of the local authority’s development plan.
It had been calculated that the required contribution was £5,400, and this could be secured through a Section 69 Agreement which requires the receipt of payment prior to the planning authority issuing consent, The Glasgow Times reports.
As Mr Lindsay has failed to make the payment, the proposal is therefore contrary to council guidance.
Multiple emails have been exchanged over the past two years but the West Dunbartonshire Council has been advised that Mr Lindsay is not in a position to pay the contribution but is keen to investigate alternative arrangements by providing on-site open space
However, a report on the application says that due to the site’s limitations, an increase in on site provision is not possible.
The council’s planning commitee are being encouraged to agree that without having provided the necessary on-site open space, or the alternative developer contribution, the development is not in accordance with the policies of the local development plan.
In an online report, Pamela Clifford, planning and building standards manager, said: “The proposed development fails to provide adequate open space to meet the amenity needs of the future occupants.
“Furthermore, the applicant has failed to make the necessary developer contributions towards improvements to local open space to deal with the shortfall.
“The proposal is therefore contrary to adopted local development plan, which sets out the parameters for developer contributions.”
The issue is due to be put before the planning committee in a virtual meeting on August 19.