West Lothian Council’s Development Management Committee (DMC) has approved plans to extend a nursery in Livingston, overriding planners’ recommendations for refusal due to flood risks and design concerns. The decision came after developers promised to mitigate potential flooding through conditions attached to the consent.
Background of the Proposal
The application, submitted by developer David Cowan, sought to build a 396-square-metre building comprising two retail or office units (Class 1A) and one nursery unit (Class 10) on land at Beveridge Square. The proposal stalled in April over a dispute regarding paperwork related to flooding risks. Planners had recommended refusal, stating that the scale, character, and appearance of the proposed building would appear at odds with the existing layout and design of the surrounding area, and that the extension would create a cramming effect.
Committee's Decision
At the recent DMC meeting, Councillor Willie Boyle, who had urged a decision at an earlier hearing, argued that the flood risk could be managed through conditions. He stated: “I feel we are splitting hairs on the flood risk. I’m minded to grant subject to conditions on the flood risk reports. If we can move this forward.” The agent for the developer told the committee that minimum flooring levels would be specified to protect the interiors of the new buildings from potential future floods.
Committee chair Councillor Harry Cartmill supported Boyle’s stance, saying: “We want to come to a conclusion. We don’t want to leave this hanging here. I’m of a mind to support councillor Boyle’s stance.” Planning permission was subsequently granted.
Support from Nursery Operator
Jenny Fisher, who runs the existing ABC Nursery on the site, said the proposal would double the nursery’s capacity, allowing it to accommodate dozens of parents she has had to turn away due to being full. In a statement supporting the plans, Fisher said: “ABC Nursery is currently operating at full capacity and is turning away approximately three to four clients each week due to the recent closure of several West Lothian Council nurseries.” She highlighted the closure of council nurseries in Livingston as a key factor driving demand.
Developer's Response
David Cowan had previously questioned the planners’ assertion that the building would cause a cramming effect, noting that similar buildings already exist directly opposite the site. Planners had earlier indicated they would have no objection to a standalone extension to the nursery, but the combined retail and nursery proposal raised concerns.



