Councillor Mike Barnacle

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Review of Local Development Plan (LDP) – Main Issues Report

April 20, 2015 By Mike Barnacle

The following letter was sent by Mike Barnacle on 31 March 2015 in relation to the Main Issues Report


Dear Colleagues

Review of Local Development Plan (LDP) – Main Issues Report

I circulated the Kinross-shire Ward Community Councils and fellow elected members on 12/2/15 regarding your call for issues for the above and have since attended a number of meetings to discuss same.

I would like to particularly commend the submissions of Fossoway and Portmoak Community Councils and the Kinross-shire Civic Trust, copied to me, which I find much agreement with. I now outline my thoughts on issues I would like you to consider for the review of our LDP, viz:-

TRANSPORT ISSUES

I refer to my letter of 16/3/15 to Jim Valentine on the need for ‘major’ mitigation measures for the A977 reinforced by Paragraph 7.1.18 of our current LDP. On 26/2/15 elected members met with Paul Tetlaw from Transform Scotland regarding the restoration of a rail link through Kinross-shire and an aspiration that Perth should be a new inter-city rail hub; I have their Inter-City Express campaign literature to support this.

The use of certain roads within Kinross-shire by HGV’s and repeated requests for directional signage of suitable routes and speed control measures remain an issue. There is a distinct lack of areas zoned for parking in settlements; this should be looked at particularly in Crook of Devon, Kinnesswood, Kinross and Scotlandwell.

POLICIES AND SUPPLEMENTARY GUIDANCE

On the 23/3/15 I emailed Committee colleagues regarding Landscape Guidance expressing my strong disagreement to the loss of 2 former AGLV areas, namely the Cleish Hills and the River Devon and its gorge, from securing Local Landscape designation. I am highly critical of the consultants’ exercise on this, in ignoring the strong representations made within the Review Panel and I would like the Planning Department to reconsider their stance on this matter, being particularly aggrieved that you emphasised delay at Committee if amendments were made when it has taken PKC 5 years to address this matter, so ask if you would agree to look again at these areas, as requested by local members at their meeting on 26/3/15.

In a letter to Nick Brian of 18/1/12 I called for a halt to any further large scale windfarm developments in the Ochil Hills and reiterate this, given developments since; it is now urgent that a spatial framework for wind energy developments is completed, noted by me in April 2012 and still awaited.

We should be seeking greater protection for prime agricultural land, in accordance with national planning policy, whilst promoting more development at appropriate brownfield sites. Policy PM4 failed to protect a former village setting area from development at Keltybridge and I feel it should be reinforced, whilst allowing for exceptions on grounds of community benefit. Could you explain why the concept of village setting was dropped from our current LDP?

I would like to see a review of our open-door policy RD5 on gypsy/traveller sites, which are a particular problem in Kinross-shire. Mostly retrospective in their development, it is clear that the ‘protocol’ between SEPA, SNH and PKC adopted in October 2014 is not effective in dealing with these. It is essential that drainage arrangements are authorised before planning applications are approved and I submit that this policy should not apply in the Lochleven Catchment Area which would by default enhance protection of the Loch under Policy EP7. My email to Committee colleagues of 14/3/15 relating to the considerable number of breaches of conditions at the Crook Moss site is very relevant, particularly on drainage, with planning to bring back a Report to Committee within 6 months but noting the applicants have been on site within the catchment since March 2012 and no drainage or water supply conditions have been met, which I find completely unacceptable; if no progress is made during this period then revocation of permission has to be a serious option.

I would like to see the Crook Moss and the Perth Lade considered for declaration as SSSI’s.

I am aware of reluctance to propose new conservation areas but reiterate previous calls for Back Crook, Keltybridge/Maryburgh and Milnathort to be considered and consulted on.

Policy EP13 covers Airfield Safeguarding, which I had called for; however, I have noted some recent planning decisions around Portmoak that concern me and seek some re-assurance that the gliding facility there will not be compromised given its huge importance to the area.

SETTLEMENT PLANNING AND BOUNDARIES

This review is a good opportunity to examine Employment, Housing and Opportunity Sites allocated in our current LDP and make sure they are deliverable.

It is particularly relevant to Employment zoning because I have always been against development west of the M90, whilst existing sites remained underdeveloped. There is also a further opportunity to clarify the retention and status of Turfhills Environment/Roads Depot. An employment site for Crook for Devon should be considered.

I would like the work of the Fossoway Community Strategy Group acknowledged in Paragraph 7.1.12 of our current LDP to be built on and perhaps the finalised maps for Blairingone, Crook of Devon, Powmill and Rumbling Bridge produced by that Group could be looked at again alongside the current settlement plans in our LDP, perhaps involving Fossoway Community Council and Kinross-shire Civic Trust in further meetings with yourselves, elected members and the wider public. This is relevant when one considers paragraph 7.1.18 on A977 mitigation referred to earlier and possible proposals coming forward for housing that may assist in delivering same at Blairingone, Crook of Devon and Powmill. I would not, however, support re-consideration of the Naemoor Road site in Crook of Devon that I asked to be dropped from our LDP in October 2011; its exclusion vindicating the long campaign by the community over many years opposed to this development.

Nine of the 12 settlements that had their boundaries removed in Kinross-shire are located within the Lochleven Catchment Area and I would like consideration of their re-instatement. Carnbo has seen considerable development recently but has no services, so I strongly suggest the provision of mains drainage should be an aspiration, with the apparently permanent builders’ yard to the west of the village boundary returned to agricultural usage.

Drum needs a local ditch and watercourse management scheme in the absence of a flood prevention scheme, given its very high water table (Policy EP3D should apply?) The capacity of the current WWTP at Drum should be considered for expansion, given current development constraints.

Can the Greenacres gypsy/traveller site boundary in our current LDP be enclosed to prevent further retrospective expansion beyond it, perhaps with adequate landscaping and tree screening as suggested in Policy RD5B(b)?

Finally, in the Portmoak area, I would support the inclusion of Stephen’s Field into the Kinnesswood boundary and the linkage of Kilmagadwood and Scotlandwell into one settlement boundary with consideration of ensuring that H54 should be single storey housing possibly extended eastwards to achieve same, whilst ensuring an open space corridor between Leslie Road and the southern settlement boundary.

I have resisted detailed comment on the Kinross/Milnathort settlement boundary, although maintaining site H46 and the Market Park site as open space/community woodland are important to the community.

CONCLUSION

As you will appreciate most of my comments relate to the Kinross-shire Ward I represent but I hope you will find them helpful as a basis for further consultation on the Main Issues Report.

Yours sincerely

 

Cllr Michael Barnacle

Independent Member for Kinross-shire

ps        Please let me know if you require clarity on any points or any background correspondence referred to.

cc        Kinross-shire Ward Community Councils

Kinross-shire Civic Trust

Councillor Dave Cuthbert

Councillor Joe Giacopazzi

Councillor Willie Robertson

Filed Under: Planning and Environment

Quality and Standard of Planning Reports, Relations with Community Councils etc.

April 6, 2015 By Mike Barnacle

The following email was sent by Councillor Mike Barnacle to Nick Brian and Ian Innes on 27 November 2014.


Sent on behalf of Councillor Michael Barnacle

Dear Colleagues

Quality and Standard of Planning Reports, Relations with Community Councils etc.

Further to our meeting on 9 September 2014 and in advance of the Planning Policy and Practise MOWG on 2 December 2014, I write to summarise issues of concern that have led to previous media comment on the above in an effort to suggest improvements that should be discussed in the foreseeable future; I apologise for the delay with this submission.

It is important to stress that the Press comments in June 2014 that led to complaints and investigation were selective.  I also know that community representatives and other elected members have commented both in the Press and at Development Management Committee regarding inaccuracies, misrepresentations and omissions in reports being presented; since the process is quasi-judicial it is essential that all pertinent facts are in the public domain in advance of any decision, thus avoiding many bad ones.  The three planning decisions in Kinross-shire that I highlighted clearly demonstrate issues of concern viz

  1. Formation of a gypsy/traveller site at Crook Moss on 9 October 2013 – the subject of a separate letter to Planning on 17 November 2014, particularly in relation to enforcement of conditions.
  2. Erection of two houses on edge of settlement of Keltybridge on 19 March 2014.
  3. Demolition of former Kinross High School and residential development on 14 May 2014 – the subject of considerable comment from, and meetings with, fellow local councillors since, especially on a perceived conflict of interest.

Whilst I accept there is a balance to be struck between the pressure to speed up decision-making from central government and the quality of report needed to base a good decision upon, I suggest it is the latter aspect that should be paramount.  Clearly officers’ reports from Perth and Kinross Council services (especially conservation) and letters from statutory consultees, if detailed, should be included in planning reports and available in the public domain.  The recent amended motion at Enterprise and Infrastructure Committee on 12 November 2014 and the Protocol of October 2014 require clarification.

Site visits seem difficult to facilitate, often involving numerous requests.  Site history in reports should be more detailed i.e. whether approvals or refusals are delegated, committee or reporter’s decisions.

Closer liaison between development management and forward planning is required, particularly where supplementary guidance is a work-in-progress or there is a conflict on policy priorities and precedence (i.e. Keltybridge decision afore-mentioned).  Where a planning permission is extant, no documents should have been removed from the files that could make enforcement difficult.

We should review the Perth and Kinross Council neighbour notification rules and operation, particularly for wind energy development, since I regard the 20 metre rule set by government as inadequate.

More local input from community councils and local members, with more weight being given to their views on planning matters is integral to the democratic process.  There is a strong argument for facilitating improvements in this area.  I would suggest again reconsideration of area devolved committees, as practised in other authorities, at least on a pilot basis.  Planning officers could meet with local ward members to discuss contentious applications, a process commencing in Kinross-shire on 27th instant.

The attached paper from my ward colleague, Councillor Cuthbert, with his thoughts on improving the process contains many suggestions that I find currency with and which deserves detailed consideration.

Both through correspondence and comment from elected members, coupled with representations reported from planning workshops for communities, there is a clear desire for Perth and Kinross Council to address concerns in these areas.  I believe a combination of the Planning MOWG and monthly management meetings of planning officers should enable us to make progress in improving matters so that the communities we seek to represent can have confidence in our planning system, through the empowerment envisaged in recent Scottish Government initiatives.

Kind Regards

Councillor Mike Barnacle

Independent Member for Perth and Kinross-shire

Filed Under: Planning and Environment

Report on Breach of Conditions at Crook Moss Gypsy/Traveller Site

April 6, 2015 By Mike Barnacle

The following correspondence from Mike Barnacle is in relation to breach of conditions at Crook Moss.


Dear Colleagues,

Meeting of Committee 18/3/15 Application 5(3) (iv) Report on Breach of Conditions at Crook Moss Gypsy/Traveller Site

The local members asked for this Enforcement Report to be brought to your attention because of our continuing concerns about the failure of the applicants to comply with conditions set, the extension of deadlines to meet same and lack of enforcement action.

Members will recall the opposition of local members and the community to the recommendation for approval at Committee on 1/8/12, particularly in relation to policies on drainage within the Lochleven Catchment, landscape assessment, residential amenity (noise) and proximity to the settlement boundary of Crook of Devon.

The Committee deferred a decision for more information and on 9/10/13 you chose to ignore the level of community objection and that of local members which continued, granting approval, subject to 17 conditions.  The agent for the applicant gave assurances his client would meet these within three months at Committee!

In summary, the applicants have been on this site, within the Lochleven Catchment, since March 2012.  Whilst I recognise that enforcement is a discretionary power, I note that a top priority for same are breaches of planning control on matters of environmental importance on protected environments (policy EP7 on drainage within the Lochleven Catchment Area), along with impact on public and residential amenity.  The conditions that the Committee set in October 2013 were necessary to mitigate the effects of this planning approval on the reasons put forward in objection.

In relation to drainage and water supply, Conditions 2, 9-11, 14, 16 & 17 have not been met and there is no early prospect of connection to mains water, according to Scottish Water.  To hold these in abeyance, whilst the applicant continues to ‘prevaricate’ regarding a CAR licence for a single treatment system for the plots consented or 5 separate ones, is indefensible.  Furthermore, it appears there are no portable toilet facilities on site and the authorities say they can do nothing to assist within legislation.  I find this completely unacceptable!

In relation to the landscape assessment of this site, the planning reports have always omitted reference to the Landscape Capacity Study commissioned by PKC in order to assist formulating a long-term development strategy for the Fossoway villages (Para 7.1.12 of our LDP), which stated that this site was not appropriate for development.  Planning condition 15 was put in to screen the site under Policy RD5B (b) and has not been met; in fact the site fencing is down and the embankment covered in litter; quite frankly, it’s an eyesore!

The Residential amenity of the settled community near this site in terms of noise from generators and visual impact has been affected.  Conditions 2,9,12 & 13 have not been met.  The Report refers erroneously to verification of a breach of condition, linking conditions 12 & 13 but I suggest the number of complaints that have been made justify enforcement action now!

Finally, the so-called hardcore ‘paddock area’ was being used for a caravan last week and I suggest fears of site expansion voiced at application stage are well founded, so would dispute that Condition 8 has been met.

In conclusion, I maintained at application stage that this site was not appropriate for development in planning terms and I was not convinced that the raft of conditions applied to consent would be met in the timescales set and assured; unfortunately, this has proved to be the case and I certainly don’t feel that PKC and its partners in the planning protocol for applications in the Lochleven Catchment are protecting the loch (policy EP7 of our LDP) with their current approach;  so, unless the Committee can feel able to put some binding timescales for condition compliance and subsequent enforcement on the applicant and PKC planning, I suggest strongly it is time to review this permission and consider its revocation!

Kind Regards,

Cllr Mike Barnacle

Independent Member for Kinross-shire

P.S.  I will put some background papers in support of the above in your pigeon holes on Monday viz:-

  1. Letter of objection from SEPA of 1/5/12
  2. My memo to Committee colleagues of 30/7/12 on location of site and settlement boundaries, etc.
  3. My letter of 17/11/14 to Nick Brian & Peter Marshall re establishment of gypsy/traveller sites within Lochleven Catchment.
  4. E-mail from SEPA of 10/12/14 re Lochleven Planning Protocol.
  5. My e-mail of 11/2/15 to SEPA re clarification on drainage arrangements for Crook Moss site.

Filed Under: Planning and Environment

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About Me

My Name is Mike Barnacle, Local Councillor for the Kinross-shire Ward in Perth & Kinross.
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01577 840 516
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