Housebuilder Saved from Paying “Unfair” Financial Obligation

Borders Council has been told by the Scottish Ministers that it was “unfair” to require the developer of Vinery Park, Clovenfords to pay £70,000 towards road network schemes.   Pearson Planning, Chartered Surveyors advising Barratt Homes, submitted an appeal, following Borders Council’s unwillingness to justify the payment.  Vinery Park is a development of family homes off the A7, north of Gala.  Borders Council wanted money to pay for a wish list of road ‘improvements’, including a £10m crossing of the River Tweed at Gattonside.  The Reporter appointed to determine the appeal agreed with Pearson Planning’s position that the financial demand failed 3 legal tests.  He deleted the obligation from the Legal Agreement signed in 2008.  If you believe you have signed up for planning obligations that are not reasonable or necessary, then why not contact us?