RESIDENTS of Irvine’s Tollerton Drive will have to get used to living in the shadow of their neighbours, after their petition to the council was knocked back.

As previously reported by the Times, residents of Tollerton Drive signed a petition to halt work on a multi-million pound development being built on the former site of John Galt Primary School, after learning the 80 homes are to built on a six foot high hill overlooking their garden fences.

As a ‘permitted development’, the housing project (representing £8.7m investment, according to council papers) did not require planning permission, but neighbours were informed about the plans at two public consultation events, something Irvine’s head of housing Alex Adrain was keen to point out “exceeded the requirements of the legislation”.

However, giving an account to last week’s meeting of the scruitny committee, he conceded that between the first consultation and the second, the ground levels of the site were redrawn and this was not specifically pointed out to residents.

Mr Adrain said: “This was not an attempt to deceive or misguide those attending the consultation event, but we have acknowledged this could have been better communicated, and have committed to updating our practices in future.” In the end, residents only learned that the new site would be built six feet above their own homes when lorries began dumping hundreds of loads of soil.

Resident Henry Mair, who organised the petition, told the committee: “We would be delighted to see the new houses built, but there is no way that having houses on an embankment six feet higher than your garden, with a negative visual impact, privacy invaded and potential drainage problems is in any way acceptable.” Michael Dainert, also of Tollerton Drive, said: “For the majority of residents, two storey houses are proposed on a piece of land elevated above the level of their own gardens. This will inevitably result in the proposed houses towering over the gardens and homes of existing residents.

“Throughout this process the council has shown no accountability for poor decision making. During both the public meeting and the house visits, there has been a complete lack of compromise on behalf of the project team.” Mr Adrain disputed this, pointing out that they had arranged to relocate one of the houses so that it wouldn’t overshadow neighbouring properties, at a cost of £62,000. He also distributed new design drawings suggesting the shadow cast by the new development won’t be as bad as residents fear.

Following discussions, the committee agreed to take no further action, meaning the development will proceed as planned.

A disappointed Mr Mair told committee members: “I think the decision’s a disgrace. If houses were going up six inches above your fences you’d be kicking up a stooshie, never mind six feet!” Councillor Ian Clarkson, who assisted the residents with their petition, commented: “The residents from Tollerton Drive gave a really good and competent account of the problems they are having to deal with.

“Unfortunately, the scrutiny committee took the view that the development had to go ahead, as it was costing the council money, even though officers had not been as open and transparent in their talks with the residents as they should have been.

“It says a lot, that the officers are now saying they would have dealt with it differently - an apology too late.

“However, the team from Tollerton Drive, for they played it well, can be very pleased and satisfied with the way they conducted themselves during this difficult time, and followed the correct procedures. Well done to them.”