Green light for 100 new homes on wildlife-rich West Lothian riverbank

A housebuilder has been granted permission to build on a wildlife-rich riverbank in West Lothian.

West Lothian Council

The Development Management Committee accepted the advice of its own officers that they were satisfied with proposals to mitigate threats to wildlife on the Mid Calder site.

But a lawyer whose objections had delayed the decision said the council was still in breach of wildlife legislation because full surveys had not been carried out.

The council’s legal advisor said the committee could make a decision on the basis of advice from officers.

Local councillor Damian Doran-Timson rejected the plans and his dissent was recorded.

Nicola Wilkins an immigration lawyer, and passionate advocate for animals, had argued that the development of the riverbank site in Mid Calder should not go ahead because up to date surveys had not been carried out on bats, badgers and great crested newts.

She also said there was no evidence produced of survey of a partially collapsed water voile burrow on the riverbank.

She told the meeting: “A preliminary ecological appraisal is not the same thing as a targeted species specific survey which is required under national planning law and regulations to determine potential impact on species.

“It is basically a desk study and walk through the site.”

She added that if there was evidence that a protected species was present or could be affected “then there is a mandatory obligation for a species specific survey.”

An ecology officer said such surveys would usually be carried out at the initial planning application stage.

A report to the DMC said: “Prior to the commencement of development on site, the appropriate pre-start wildlife surveys shall be carried out including identifying any additional mitigation measures and the results submitted to and approved in writing by the planning authority, a revised biodiversity enhancement statement clearly identifying the chosen measures and the timescales for implementation shall be submitted to and approved in writing by the planning authority prior to commencement of development.”

Councillors went into private session for 20 minutes to discuss legal elements of the case before agreeing to support the development.

The plan will see 93 homes and flats on a gently sloping site running north from the B7015b in the village to the banks of the River Almond. On the north eastern edge of Livingston.

The application was a private proposal by Robertson Homes Ltd, Ms Elizabeth Baird, Ms Catherine Barr and Ms Jennifer Pittendrigh.

The site won planning permission in principle for residential development after an appeal against the council’s refusal of application was upheld by Scottish Ministers in January 2025.

The application includes access and road layout, fences and walls, landscaping and ecology, paths, levels and drainage.

The undeveloped site lies between Calder Park Road and Kaimfoot, with the River Almond forming its northern boundary. The proposed development will comprise 76 private homes and 25 affordable housing units.