Homes for Scotland has hit out at Perth and Kinross Council over what local builders are calling 'illegal' charges towards education provision.

The council was accused by Alan Lundmark, Director of Planning and Communications with Homes for Scotland, of 'ripping-off' local builders by demanding payments towards education provision in schools at or near capacity.

He wrote to Peter Marshall, planning manager at the council, saying: "Homes for Scotland takes the view that the council has no legal authority to seek to obtain contributions from residential developments to relive primary school constraints arising from the 2m2 standards."

The accusation was also backed up by former council planning director, Denis Munro, who now works for local builder, GS Brown.

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GS Brown was given the green light to build 181 homes at Lynedoch Road, Methven, but had refused to pay a £240,000 education levy towards expanding the local primary school.

Mr Munro, speaking at the development control committee meeting, said: "Put simply, we refused because the demands the officers have made of us, and a large number of other applicants, are totally illegal. Specifically, they have not been authorised by any committee of the this council so the officers are acting beyond their powers."

In February 2007, the council considered a report on the 2m2 space standards, which would have reduced capacity at a number of schools. The committee agreed to adopt 2m2 but with two caveats - one was a protocol that would ensure housing applications "took due cognisance of the capacity and accommodation issues in the primary schools".

However, Mr Munro said: "No such protocol has ever been reported to the Enterprise and Infrastructure Committee."

A spokesperson for the council said that they had just received Mr Lundmark's letter and "will not be commenting in detail without having given appropriate consideration to what they have to say".

(GK/JM)