Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997: report to the Scottish Ministers

Preamble

Scottish Government
Planning and Environmental Appeals Division
Hadrian House Callendar Business Park
Callendar Road
Falkirk
FK1 1XR

DPEA case reference: NA-EDB-051

The Scottish Ministers
Edinburgh

Ministers

This application for planning permission was recalled for Ministers' determination under section 46 of the Town and Country Planning (Scotland) Act 1997 on 13 November 2020 because the council had indicated it was minded to grant planning permission, against the advice of the Scottish Environment Protection Agency (SEPA). The recall direction confirmed that, in view of the proposed development's potential conflict with national policy on flooding, the issues raised would benefit from further scrutiny by Ministers.

My assessment of this proposal has involved an assessment of the written evidence (including three rounds of further written submissions) and (due to Covid travel restrictions preventing a site inspection) a video recording of the site and surrounding area that was prepared by the applicant. I am satisfied that this video recording provided an adequate impression of the site and its surroundings; no party has disputed this.

For reasons I explain in my report, my recommendation is to grant planning permission subject to conditions and a planning obligation.