A FAMILY dairy has appealed a decision refusing planning permission for a £40 million milk processing plant and housing development.

Graham’s The Family Dairy – in partnership with Mactaggart and Mickel Homes – has lodged an appeal to the Court of Session to overturn the decision by Scottish ministers last month to refuse planning permission to redevelop Airthrey Green in Stirling.

READ MORE: Plan for £40m milk processing plant in Scotland rejected

The appeal was submitted on the grounds the decision was not within the powers of the Town and Country Planning (Scotland) Act 1997, in that the decision taken by ministers was based on irrelevant information being taken into account.

It argues that Scottish ministers “erred in taking account of irrelevant considerations and/or leaving out of account relevant considerations by failing to take into account the material change in circumstances since the Reporter’s submission of his Report on 1 June 2017”.

The National:

In particular, Scottish ministers relied, in full, on the Reporter’s recommendation that to approve the appeal would prejudice the outcome of the Local Development Plan examination. However, this recommendation was made in June 2017 and by June 2018, the LDP Examination had concluded.

The dairy argues Scottish ministers failed to give proper consideration to the fact that the Local Development Plan process has resulted in a plan which continues the housing shortfall in Stirling.

Graham’s says this situation is a major contributor to unsustainable house price increases in Stirling, which it says would have been resolved had the appeal been allowed.

The dairy’s appeal also says ministers failed to provide “proper, adequate and intelligible reasons for their decision”. The Airthrey Kerse planning application included the building of 600 houses (including 150 affordable units), a new primary school and public park.

The National:

Robert Graham, Graham’s the Family Dairy managing director said: “We believe compelling grounds exist which has culminated in our joint appeal with Mactaggart and Mickel Homes to the Court of Session.

“We are extremely disappointed by the minister’s decision, which we maintain placed more importance on continuing to protect a failed Local Development Plan process than supporting the delivery of much needed homes, infrastructure and creating 500 new full-time jobs within the city of Stirling and the Scottish dairy sector and £65.3m gross value added (GVA) per annum into the Scottish economy.”

Mactaggart and Mickel group director Andrew Mickel said: “This proposed development would provide desperately needed affordable homes, together with a wealth of new amenities including a new primary school, publicly accessible parkland and a local neighbourhood centre. Stirlingshire is in the midst of a housing shortfall and it is very disappointing that the government’s apparent short-sightedness is failing to see the bigger investment and growth picture that could bring real improvements for the future.”

The family dairy business first submitted the planning application for the development in 2014.

Graham’s The Family Dairy was established more than 70 years ago.

It was founded in 1939 by Robert Graham in Bridge of Allan, Stirlingshire, where he reared 12 cows, milked them by hand then made all deliveries by horse and cart.

Grahams produces a range of home-grown products including milk, cheese, cream, butter, ice-cream, cottage cheese and quark.