Markinch

The site
 

The Brunton Road site extends to 2.42 hectares. Comprising low ground it is located just to the east of the centre of Markinch next to the Markinch conservation area; and is at the foot of the hill on which stands St Drostan's, Markinch's parish church, a building of national importance [Category A listed]. It is an attractive location to build on with the interests expressed by the public reinforcing the fact.

 

History of planning applications

The site was first allocated for housing in Kirkcaldy District Council's [Glenrothes Area Local Plan] in 1995 with an indicative capacity of 36 houses, later reduced to a capacity of 15 in the replacement Glenrothes Area Local Plan of 2003.

In November 2005 Lomond Homes Ltd. bought the site and submitted its first planning application. Revised schemes have been prepared and submitted from 2006 with no success until 2009 with the last two [applications six and seven] awaiting approval subject to the conclusion of a section 75 legal agreement.
The last 4 years have been difficult for Lomond Homes Ltd. as they searched for the right development for this site allocated for residential development in the Development Plan. During this time planners in Fife Council applied their professional thinking, attempting to deliver housing on a site that has been classified as “sensitive”.

Following the appointment of a reputable firm of Edinburgh based architects, Simpson and Brown, in 2008 planners and statutory consultees involved in the process were convinced that the right development, a traditional form of housing, had been found. Historic Scotland and the Council's planning officers considered that the proposal was:

 "a well-designed residential development in both architectural and layout terms”

This proposal followed the dismissal of an appeal relating to an earlier development. In his decision the Reporter offered advice on the scale, form and design of a future housing development. The scheme prepared by Simpson and Brown was based on that advice.  

Another recommendation of approval by the planning authority was met with a lack of political support
Regrettably a further appeal was dismissed in January 2009. Disappointed but undeterred, Lomond Homes Ltd. reviewed its tactics.

Further planning applications [outline] were submitted in duplicate [applications six and seven]. The new Scottish Planning Policy, published by the Government in October 2008 advises:-  

“The Planning Acts require decisions to be made in accordance with the development plan unless material considerations indicate otherwise. Material considerations should be related to the development and use of land. Where a proposal is in accordance with the development plan, the principle of development should be taken as established and the process of assessment should not be used by the planning authority or key agencies”

Although the site is allocated in the Glenrothes Area Local Plan, Lomond Homes Ltd. required the security of some sort of planning permission; and in doing so to obtain guidance from the Council on how they would wish the site to be developed. The principle of development had never challenged throughout the four year period.  

The council failed to determine either of the two outline planning applications within the statutory time period (2 months). A further appeal was lodged by Lomond Homes Ltd against non-determination. With the delay and uncertainty created in the decision making process over the last 4 years the company had to exercise its legal rights in the interests of trying to secure the viability of the site.

A Reporter appointed by the Scottish Government and the Council are now minded to approve the planning applications subject to agreement being reached on the level of financial obligations related to affordable housing. At present a viability statement is being prepared and will be submitted to the Fife Council for their consideration.

The Conclusion

Despite all attempts by the Lomond Group to obtain a planning permission on this site, allocated for housing purposes in the Glenrothes Area Local Plan, the system failed to deliver.

The Local Plan is supposed to provide guidance and give confidence to the construction industry (and others) to allow them to invest in land and develop; create and maintain employment; and support the business needs of the companies that invest in the area. The process in this case has had the opposite effect. There is a cost to be borne by Lomond Homes Ltd. Time and money has severely affected the asset value.
 

The Next Steps

For the future Lomond Homes Ltd remain very positive and seek the mechanisms to ensure the delivery of the right development for the village of Markinch. It is the company’s intention to submit detailed planning applications sometime in 2010. For up to date information on this project visit our web site.