The owner of a historic mansion beside a landfill site is calling for Falkirk Council to revisit a decision to grant planning permission for a new hazardous waste cell.
Avondale House, close to the landfill site of the same name in Polmont, was destroyed by fire in 2017 and developers Clarkstone Ltd now have permission to transform its former stables into houses, before beginning work to restore the mansion itself.
But the developers are concerned that planning permission is also in the process of being granted to create a new hazardous waste cell in the landfill site next door.
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The proposed cell is 9.1 hectares and will provide capacity for 220,000 cubic metres of hazardous waste over 10 years.
While the final approval has not yet been given, its status is 'minded to grant' - a decision that was made by officers using delegated powers.
The matter was previously raised by members of Polmont Community Council, who were told they were too late to have the decision made by planning committee as the time limit had passed for a councillor to request this.
But the lawyer representing Clarkstone says such a major development should never have been approved without going to the planning committee.
Alastair McKie believes the Scottish planning laws have not been properly applied as the new gardens for the houses to be built in Avondale House's grounds will be just 60 metres from the hazardous waste cell.
He believes that the new houses his client wants to build at Avondale are classed as "significant receptors" - and that means there should be a buffer zone of at least 250 metres between them and the new facility.
He is also concerned that the planning committee will need to look at the application anyway before final permission is granted as changes also need to be made to an agreement about how the landfill site is restored after use.
Mr McKie says "decoupling" the decision into two or more parts makes no sense and the planning permission and conditions should be decided together.
He said: "I am astonished that an application with this degree of complexity and scale - taking in a quarter of a million pounds of hazardous waste across Scotland, over a ten year period - is not going before the planning committee.
"I say that in the interest of transparency and democracy. In my view, it is not too late for councillors to request that this application be decided by way of the usual democratic process, through a committee meeting and hearing.
"In any event, the bond of issue is coming before the planning committee anyway, so why decouple the decision?
"I think its sensible for a single decision to be taken on the whole matter by the planning committee."
The NPL group, who own the Avondale waste treatment facility, were contacted for comment.
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