Stricter rules around building homes in areas deemed a flood risk have persuaded councillors to refuse a planned housing development in Kilmarnock.
One councillor described the situation as ‘very disappointing’ as she questioned officers about the ongoing barrier to development in south central Kilmarnock due to the Scottish Environmental Protection Agency’s (SEPA) position.
The proposal would see 62 new homes built on the site of the old Stoddard Carpet Factory off Barbadoes Road, the second phase of building by developer Clowes Scotland.
SNP councillor Clare Maitland commented on the fact that the first phase was approved under a less strict local development plan than the one currently in place.
She said: “Is there any mitigating circumstances we can put in place for that?”
Fiona Finlay, Development Management Team Leader, replied: “Unfortunately, there isn’t. It is a very hard decision and we have seen how the application has been progressed through the years.
“We are now faced with a local development plan and NPF4, where the application does not comply with primary policies.
“We have objections from SEPA who are a statutory flood and safety consultee, and we have objections from our local flood prevention.
“I do appreciate it’s a difficult decision I do appreciate that you know the developer has taken it so far down the line but unfortunately we have to determine the application is in accordance with the development plan.”
Cllr Maitland asked for an explanation of why ‘land raising’ was allowed to be used to address flooding in the first phase but not in the second phase.
Ms Finlay said: “I think SEPA’s position has changed over the years. We now have policy 22 and SEPA do not accept land raising.”
Cllr Maitland asked whether the changes affected the residents of homes built in the first phase.
Chief Planning Officer Pamela Clifford responded: “In terms of phase one, it was assessed under LDP1 and there wasn’t such a robust policy for flooding on that.
She said the changes to the SEPA position were made due to the potential impact of land raising on access and egress to the housing development in the event of flooding.
However, she said that she had asked to look at the previous study to ‘see what we can do in terms of flooding’ as work goes on to develop the next local development plan.
Ms Clifford added that a working group had been set up by the Scottish Government to look at issues created by the stricter rules.
She said: “I think it does seem right for East Ayrshire to revisit that flooding study to see if there is any sort of flexibility in terms of our approach to flooding.”
Cllr Maitland also asked whether the design of the buildings could be changed to address the issue.
Ms Clifford said that this was not an option adding that the application was not contrary to one part of the policy around flood risk, but all of it.
She added: “There have been a number of meetings with SEPA and the roads and flooding authority to try and resolve that, but it just can’t be resolved.”
Planning Committee Chair, SNP Councillor Graham Barton said: “Just like Councillor Maitland, I’ve got a lot of sympathy for this application as well.
“But it has objections from SEPA and ARA flooding. It says it requires the council to to take a precautionary approach to flood risk from all sources, so I just don’t see a way that we could approve this application.”
Labour Councillor Peter Mabon suggested that overturning the refusal could lead to ‘an even bigger problem’.
He said: “If we overturn this and didn’t agree with the planners it would then have to go to full council.
“It would then have to go to Scottish Government and even if the Scottish Government decided [to uphold the appeal], you’re then faced with a situation where developers would build these houses and anyone buying one would be unable to get building contents insurance because it’s on a flood plain.
“So how would they sell them if they can’t be insured.
“I think we have to refuse this and agree with their planners and follow the advice from SEPA.”
The Planning Committee agreed to refuse the application.
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