In late August 2024 it was announced that the proposed plans for a luxury housing development and tennis centre on a Green Belt site at Park of Keir, in Stirling LA area, are being dropped. This proposal was subject to a long-running and contentious planning process whereby the LA refused permission but this was eventually overturned and planning permission granted by Scottish Ministers. Below is a a brief summary of the process from a 2019 APRS case study.
Examples of significant applications to develop Green Belt land submitted to Local Authorities with details of appeal processes and involvement of the courts.
This case study was prepared in part to inform APRS input into the development of NPF4.
Park of Keir
Local Authority: Stirling
Address: Park of Keir, Dunblane, FK15 9NU
Case ref: (14/004555/PPP) 11 Jul 2014 (refused 8 Dec 2015)
DPEA ref: PPA-390-2042 (submitted March 2016)
Description: “PLANNING PERMISSION IN PRINCIPLE FOR NEW TENNIS AND GOLF
CENTRE, INCLUDING MUSEUM AND VISITOR CENTRE; INDOOR AND OUTDOOR
TENNIS COURTS; GOLF COURSE WITH CLUBHOUSE AND PRACTICE AREAS;
HOTEL WITH LEISURE AND CONFERENCE FACILITIES; MULTI-USER SPORTS
PITCH AND OUTDOOR PLAY AREA; CYCLE TRAILS AND FOOTPATHS; NEW ACCESS
ROADS AND JUNCTION; NEW TREE PLANTING AND LANDSCAPING; SUDS POND
AND ASSOCIATED DRAINAGE WORKS; CAR PARKING AND SERVICING; AND
ENABLING HOUSING DEVELOPMENT (19 Houses) ON LAND AT PARK OF KEIR,
DUNBLANE“.
Summary of process
Planning application refused by local authority; decision appealed by applicant; Reporter agreed with local authority’s refusal but Ministers granted planning permission in principle subject to some conditions.
Summary of case
The application site consists of 110 hectares which the Stirling Local Development Plan (LDP) (adopted 2014) identifies as green belt and within the Keir Local Landscape Area between Dunblane and Bridge of Allan. There had been previous proposals to develop the land: in 2005 outline planning permission for a 150-bed hotel and an 18-hole golf course was granted on appeal subject to a section 75 agreement preventing the further development of the application site and of land to the south. In 2008 the council resolved to approve the application for planning permission in principle (to renew the previous outline planning permission). However, as no section 75 agreement had been signed no decision was made.
A few years later new more ambitious plans were put forward, which involved tennis and golf developments as well as enabling housing developments. Initial proposals involved 100 houses (described as ‘critical’ to the development in the business plan of the time). A planning application submitted in July 2014 (with an amended proposal submitted in June 2015) by the Park of Keir Partnership involved a tennis development supported by Judy Murray and a golf development supported by Colin Montgomerie. It also included 19 resort homes as enabling housing development (critical to the development). No statutory consultees objected to the planning application but c.1000 objections were submitted along with 45 letters of support and further letters commenting on the proposals. Concerns were raised amongst other things about the business model, impact of transport, the loss of countryside and green belt land and particularly the housing development. Amongst those that objected were a group called RAGE (Residents Against Green belt Erosion). There was concern that this could be a ‘Trojan Horse’ development leading to more houses later on and it was noted that 19 is the maximum number of houses that can be proposed without developers having to make onsite provision for affordable housing ie they can make a financial contribution instead.
Planning permission was refused in December 2015 on the grounds the application was contrary to the LDP in terms of green belt policy, affordable housing and over means of travel to and from it (sustainable development). The applicants then appealed. The appeal was such that it could have been determined by a reporter but on 15 March 2016 Scottish Ministers directed that they would determine the appeal themselves. The appeal process involved written submissions, site inspections and a public local inquiry held by the reporter, who completed a 124 page report which concluded that the planning permission in principle should be refused.
The reporter considered that the proposals are not consistent with the vision, the spatial strategy or the overarching policy of the LDP, its sustainability criteria or Primary Policy 2. The reporter goes on to conclude that, because of the scale and potential impact of the proposed development on the green belt and on a protected landscape, and the likelihood it would be predominantly accessed by unsustainable modes of travel, that overall the proposals are not in conformity with the development plan. The reporter notes that there are potential recreation, health, tourism and economic benefits of the proposed development, but nevertheless concludes that it would be in the wrong location to comply with key provisions of the development plan, even taking into account the previous planning permission for a hotel and golf course on the land. However, Ministers did not support this conclusion despite agreeing that the proposed development did not comply with the LDP and accepting the reporter’s conclusion that it has not been proven that an alternative site does not exist.
Ministers attached more weight to the economic value of the proposed development and the regional and national importance of the sports facility. The proposal for houses is considered an enabling development and Ministers imposed some planning restrictions on the development with regard to timing and number (including that no further residential development will be undertaken on the wider site; and that occupation of the residential units may only take place once the tennis and golf centre have been completed). 30 August 2017, Scottish Ministers announced that they were minded to grant planning permission in principle subject to conditions and the conclusion of a planning obligation or other suitable agreement.
Park of Keir References:
Directorate for the Built Environment
DPEA Report to the Scottish Ministers
Notice of Intention