'Flood-plain' housing development in Alva is refused

Representatives on Clackmannanshire Council's Planning Committee last week refused proposals for 244 houses on the western boundary of the Hillfoots village.

As previously reported, the application came in front of the committee on May 4 with an outstanding objection from SEPA around flood risks.

A lengthy debate heard from case officers, objectors and applicants Allan Water Homes with councillors ultimately accepting the recommendation that the plans should be refused.

Issues highlighted included the fact that SEPA, a statutory consultee, considered the land to be a “functional flood plain”.

A representative for the developers explained a key issue was around an access track, a core path, which serves as an “informal” flood defence.

One submission from Allan Water argued SEPA “may have misinterpreted information” regarding recent improvement works to reinforce the path, following discussions.

Aerial view of Alva from the west, showing part of the site. (Image: Planning design and access statement)

A legal opinion submitted for the developers read: “It seems to us irrational for SEPA to suggest that works to ensure the permanence of the feature could result in a re-evaluation of SEPA’s position, only for SEPA to subsequently suggest that the Improvement Drawing that showed such works confirmed its earlier concerns.”

The concern raised by SEPA was that this serves as an informal flood defence, “which is an unacceptable situation within the context of long-term sustainable flood risk management”.

A council officer told the Kilncraigs chamber that “we, as a planning authority, don't have the confidence to recommend favourably on the site” but made clear it complied with policy “in most other respects”.

“I think the issue here is one of technical assessment and comparison of that technical information”, they continued.

“The reason this application is at committee is that in continuing to seek further information from the applicant, it was made clear that no further information would be submitted and the applicant would not extend the period of determination for the application, thereby affording the opportunity to appeal with the Scottish Ministers.”

Provost Donald Balsillie, an Alva resident, told the chamber he would adopt a precautionary approach and said: “I know the area, it's a high water table. I know that there's constant instances at the moment of flooding, particularly in Cleuch Drive.”

One flood mitigation measure would have seen a culvert daylighted and discharged into the sewage system, but Cllr Balsillie added: “I am still seriously worried about water being contained there and flowing into housing areas.”

Ultimately, members of the committee agreed to refuse the development due to the outstanding objection from SEPA.

Allan Water Homes has been contacted for comment.