Cavalry Park

Housing Development at Cavalry Park, Kilsyth has been vigorously opposed by Kilsyth Community Council and others over the course of many years.

North Lanarkshire Council has now made the decision to grant planning permission to George Wimpey West Scotland Ltd to build 162 homes on the site, albeit with the proviso that:
“the decision notice will not be issued until a legal agreement has been concluded in respect of the implementation and maintenance of flood risk mitigation works” (NLC to KCC 21.12.07)

 If this development takes place NLC will have acted in complete disregard of the valid and strongly felt objections from the Community Council and other important Community groups and individuals, representing, in total, a very large number of people who live in Kilsyth and thoroughly understand every aspect of the situation.

Furthermore, the decision makers of NLC would also appear to have ridden roughshod over the advice of professional advisors both within and outwith their Council 

The material considerations which they have over-ruled, or of which they claim to be capable of mitigation, are numerous, eg adverse effect on the setting of Colzium House (a listed building); adverse effect on wildlife (especially aquatic species designated ‘protected’); obvious pollution from underlying mine workings (ochreous discharges and methane) and the most serious concern of all, that of the risk of flooding not only to new homes but to existing houses downstream in an area which already has a 200 year history of flooding! This concern is compounded by current predictions of increased rainfall and consequent flooding of low-lying ground.

 It is noted, from the Flood Prevention Act (Scotland) where it relates to flood alleviation and prevention measures, that reference is made to duties of maintenance of Local Authorities and to the fact that these are likely to take precedence over the provisions of a planning permission or agreement. This means that Councils have to take the ultimate responsibility for maintenance measures approved as part of a planning permission, irrespective of planning conditions or agreements. These responsibilities could have financial consequences for the Council.

 One wonders why NLC would put this Local Authority in such a vulnerable position.