Let's Protect Our Open Space

As a consequence of a Section 75 Agreement, which is sometimes known as a planning obligation, not being enforced, the developer who built the Bards Way Development, Tillicoultry was able to sell off areas of public open space and a playpark that sit within development, Tillicoultry. This resulted in the developer profiting by £30,000 and now means that the future of several areas of open space and the children’s playpark that sit within the development is uncertain.

The playpark and surrounding open space were then sold on to a speculative property developer for £25,000 in August 2021. The other areas of openspace were sold to another speculative developer for £94,000 in September 2021.

Having suggested that they were looking to build housing on some areas, it is still not clear what plans the landowners have long-term, however, options are very limited because the land is protected from development through being allocated as safeguarded open space in the Local Development Plan.

A  Section 75 Agreement is a legal contract entered into between a landowner and the local Council as part of the planning application process. Its purpose is to restrict or regulate the development or use of land.

In the case of the Bards Way Development, as a condition of planning permission being granted, the Council and the Developer entered into a Section 75 Agreement that would restrict any development on the open space areas and make provision for the Council to take legal title to the open space and playpark, with the Council thereafter being responsible for its upkeep and maintenance. Regrettably because the Council failed to monitor and enforce the conditions of the agreement, this did not happen.

The Bards Way Residents Group (BWRG), who represent residents living within the development, are continuing to fight to have conditions within the Section 75 agreement enforced by Clackmannanshire Council and are working with the Council and the landowners see what can be done to remedy the situation.