Falkirk Council: Coffee shop farmer will appeal after house plans rejected

Steven Russell is angry that members of the council’s planning committee were told that grazing land next to the Courtyard Coffee Shop at Home Farm, Head of Muir, is part of the area’s greenbelt.

That means any development on it is contrary to the council’s policies on building in the countryside.

The council is standing by its report which it says is factually correct.

But the retired businessman – who ran a riding school on the site for almost 30 years – says he paid more than £40,000 in commercial business rates on the site, which means it is actually brownfield.

The land in question, just off Drove Loan in Denny, would become part of a development that currently includes several houses and two businesses, including the coffee shop.

The planning department’s report said this exceeds national guidance which says any development with more than six houses should have a proper road with a pavement and street lighting.

The report also says it is concerned that granting permission for the new houses would lead to a “further sporadic and incremental encroachment into grazing land”.

Mr Russell has tried before to get planning permission for houses on the land and has not been successful.

A complaint he made to the council was not upheld while an appeal to Scottish Ministers also failed. A complaint to the Scottish Public Services Ombudsman has also been rejected.

But Mr Russell insists that missing paperwork means the council has “fabricated the report” and the Ombudsman did not have the correct information to make his decision.

He says he and his wife Ann spent two days in the council’s planning archives, where they found that several years of files from the 1980s were missing.

“We’ve gone into their offices and investigated – there’s never been applicant done that before as far as I know,” he said.

Mr Russell says the missing files would make it clear the site is part of the former riding school and therefore should be classed as brownfield.

After closing the riding school, in 2008, he and his wife Ann opened the Courtyard Coffee Shop before retiring and handing the reins over to their daughters.

The latest application is to build two new houses for their daughters as they have to be up very early to prepare food for the shop – in particular the meringues.

There is already planning permission for two houses that could be built on land that is currently used as car parking for the coffee shop.

But the coffee shop has been a success and is very busy with customers, including carers and support workers.

So Mr Russell now wants to relinquish that permission and replace it with the two new homes on the grazing land.

He said: “We get a lot of carers with their clients coming to the coffee shop and it is important that they can park close by, so we don’t want to lose the car park.”

He was dismayed that the planning committee did not agree to his request.

He said: “I understand that these things take time and that it could not have been decided at that meeting but that doesn’t mean it can’t be done.”

Mr Russell was also outraged that councillors were informed that there is a “structure in the field” for horses which does not have planning permission.

Mr Russell says the shed is actually there under permitted development rights.

“It’s not big enough for horses. I have all the receipts to show that it is legitimately used to hold calves.

“I feel that we are being made out to be chancers. We’re not chancers – we’re feeling hurt.”

Despite the latest rejection, he says he has no intention of giving up and will appeal the decision.

A spokesperson for Falkirk Council said: “There was no incorrect information provided by officers to the planning committee.

“The committee report accurately reflects the planning status of the site and the policy assessment / recommendation to refuse planning permission which was accepted by the planning committee.

“Mr Russell now has the right to appeal the decision taken.”