A MAJOR private housebuilder has won a battle with Scottish Borders Council over how much it should pay towards improving the region’s road network.

A Scottish Government reporter has ruled, after an enquiry, that BDW Trading Ltd – formerly known as Barratt Homes – should not be required to contribute £70,000 to council coffers.

The saga goes back to pre-recession 2007 when Barratt was granted planning permission to build 70 luxury homes at Meigle Farm in Clovenfords.

The consent was covered by an agreement requiring the firm to make so-called developer contributions to the council of over £700,000 to cover the cost of public services and infrastructure works generated by the houses at what is now known as Vinery Park.

That figure comprised £269,380 for education, £120,610 for the Borders Railway, £198,720 in commuted payments to provide affordable housing elsewhere, £42,000 for playpark provision and £70,000 towards the roads network.

Last year and with the development nearing completion, the firm asked the council to reduce these demands.

Specifically, Barratt wanted to cut its obligation to education and affordable housing provision by £278,800 and to have the road network contribution deleted from the agreement.

When SBC refused to play ball, the firm lodged an appeal with the Scottish Government’s directorate of planning and environmental appeals.

In October last year, a reporter Alison Coard concluded that the sums sought by the council were “appropriate” and dismissed the Barratt appeal.

However, on the issue of the contribution to road network improvements, Ms Coard noted “a lack of detailed evidence…on whether the guideline contribution of £1,000 per dwelling [£70,000 in total] is reasonable or necessary.” The door having been left ajar, the firm lodged a separate appeal to have the £70,000 deleted from the agreement.

And on Friday, another reporter Michael Mahony upheld the appeal.

He found that further analysis was required of the council’s “traffic modelling exercise” – a schedule of road and bridge improvements to service new housing in the Borders.

He noted the position of the company which believed that travel by residents of Vinery Park would have little impact on many of the locations listed on the schedule, including the £10m replacement of Lowood Bridge on the eastern side of Galashiels.

“It appears the council’s traffic modelling exercise is incomplete and inconclusive with respect to justification of the contribution required of the Vinery Park development,” concluded Mr Mahony.

“The appellants [BDW Trading Ltd] are entitled to a definitive decision now…thus the planning obligation should be modified to remove the £70,000.”