Councillor Mike Barnacle

Working hard for your community.

Proposed Local Landscape Areas (LLA’s) for Kinross-shire

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The following letter was written by Mike Barnacle on 15 August 2014 about the proposed local landscape areas for Kinross-shire.

TO: Glenfarg & Kinross-shire Community Councils (C.C.’s); Kinross-shire Civic Trust; Friends of the Ochils; Rural Scotland (APRS); Councillors Cuthbert, Giacopazzi & Robertson

15th August 2014

Dear Colleagues,

Proposed Local Landscape Areas (LLA’s) for Kinross-shire

You may recall the enclosed article I wrote for Rural Scotland’s Spring 2014 Newsletter (Page 4) that also appeared in the May 2014 edition of Kinross CC’s Newsletter. This charted the Kinross-shire experience on landscape designation since 2000; in particular the hard-fought successful campaign to extend the Areas of Great Landscape Value (AGLV’s) to the shire’s hill and river borders in the Local Plan 2004, the loss of them in PKC’s Local Development Plan (LDP) adopted 3rd February 2014, due to a change in Scottish Government Planning Policy and the ‘policy gap’ before supplementary guidance is produced on what is to replace them.

I noted that a Review of Local Landscape Designations at PKC was to be undertaken, with consultants having been appointed and sought participation.

I have since attended three meetings of the Review Panel, comprising PKC councillors (I represented APRS and Kinross-shire), community councils (Cleish, Fossoway & Glenfarg from Kinross-shire ward), environmental organisations (Friends of the Ochils, John Muir Trust, etc.)

On 14th August 2014, I attended the evening workshop for PKC councillors (4 only present) at which the consultants final report was produced and at which it was decided to circulate all councillors with this prior to a final public consultation this autumn.

The LLA’s proposed for Kinross-shire are Lochleven, Ochil Hills & Portmoak (the boundaries of which should be checked). Despite strong representation from myself, Cleish & Fossoway CC’s within the Review Panel, the consultants have excluded from designation the former AGLV’s of the Cleish Hills and the River Devon and its gorge. I believe this is a major omission and it will be necessary to lobby PKC through the final public consultation to change the proposals and include these omitted areas. To achieve this, an examination of the 10 evaluation criteria used by the consultants for designating LLA’s is necessary to see what landscape characteristics these excluded areas possess that justify designation. The criteria are landscapes which:

  1. make a positive contribution to the wider identity, image and sense of place of Perth and Kinross.
  2. are rare or unique landscape
  3. are well managed and in a good state of repair
  4. feel wild or remote
  5. have strong scenic qualities
  6. are important for recreation and tourism
  7. have a strong historic character or important cultural or spiritual associations
  8. have important natural features and habitats
  9. form part of the setting of towns and villages
  10. have important views, viewpoints or land marks

I suggest that Cleish Hills meet at least six of the above and it is worth noting that Fife Council’s LLA’s border the PKC boundary here and cross boundary designations were raised in the Review Panel but have been ignored here.

As regards the River Devon and its gorge, it should be remembered that the Reporter to the Local Plan public inquiry in 2003 regarded this area as of outstanding quality that merited inclusion as an AGLV, especially as the river flows out of the Ochil Hills designated area. I suggest that the river and its gorge meet at least eight of the above and I note the strong historic character and important cultural association of the Devon with Robert Burns’ song ‘The Banks of the Devon’; conversely, in supporting an LLA in the Aberfeldy area, the consultants quote Burns’ song ‘The Birks of Aberfeldy’.

In summary, I am extremely disappointed that the final consultant’s report has ignored review panel representation on the Cleish Hills and the River Devon/Gorge when selecting their proposed LLA’s and I urge local organisations and people to make representation on the consultation in order to ensure that PKC and its elected members change these proposals and include these areas as LLA’s within the supplementary guidance for our recently adopted LDP.

Yours sincerely,

 

Councillor Mike Barnacle

(Independent Member for Kinross-shire) (Tel: 01577 840516)

Letter from Mike Barnacle to Jim Valentine Re: A977

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The following letter was written by Mike Barnacle to Jim Valentine, Executive Director (Environment) at Perth & Kinross Council in relation to the lack of funding for the A977.

 

Dear Jim,

NEED FOR ‘MAJOR’ MITIGATION MEASURES

AND LACK OF PKC FUNDING FOR A977 (THE FORGOTTEN ROAD)

I am moved to write to you on the above subject, which you will be familiar with over a long period, following a recent meeting of Kinross-shire ward councillors and the failure of two recent budget proposals that would have addressed the issue; I enclose a recent letter from a constituent in Crook of Devon that mirrors concerns over the years from residents in the villages of West Kinross-shire that straddle this busy strategic road.

As you are aware, the A977 was de-trunked against Council advice in 1996 and it would appear there is absolutely no chance that the transport authorities will re-consider this status. In any event, re-trunking may send the wrong message that it is a suitable road for HGV traffic (notwithstanding their increasing useage of SAT Nav). You will also be aware that PKC have argued, in support of the community, for major mitigation measures to be put in place; this was done at the Public Inquiry in November 2004 into the new Kincardine (now Clackmannanshire) Bridge, in 2009 at a petition to the Scottish Government signed by over 1100 residents and is now reinforced by Para 7.1.18 of our adopted Local Development Plan (LDP) of 3rd February 2014 (Introduced by the Reporters Unit following local member representation). The Transport Authorities originally suggested the paltry sum of £87,000, later increased to £150,000, for minor mitigation measures for the A977 in relation to a bridge costing £120 million.

When the Reporter to the Public Inquiry ruled that this level of funding was woefully inadequate and should be increased, I took the case to the former Transport Minister, Tavish Scott MSP with the assistance of the community and our former MSP George Reid, securing an offer of £250,000 to cover ‘minor’ measures. In October 2006, PKC’s Enterprise & Infrastructure Committee accepted the Minister’s offer (not implemented until after 2009 following disagreements within the community on how best to use this inadequate sum) and instructed PKC officers to pursue the funding shortfall for the major measures evaluated at £750,000 for three large roundabouts at Blairingone, Drum and Turfhills.

Since the failed petition, I have seen no evidence of this funding shortfall being pursued with the Scottish Executive; it is well down TACTRAN’s list of priorities and doesn’t feature in the Council’s capital budget. As far as I’m concerned this is a totally unacceptable situation.

There have been a number of serious accidents involving HGV’s on this road, one a lorry crashing into a house in Crook of Devon, another lorry ending up in a field opposite the village hall where local children walk to school and two accidents involving fuel tankers in Drum that had major repercussions for residents, let alone the drivers (fuel tankers from Grangemouth refinery regularly use this road to access the M90).

It is clear that the Government will not fund the major measures required and I cannot even get Transport Scotland to review their signage (the M90 at Clackmannan Bridge is signed to be accessed via the A977 when the authorities have stated that the preferred route for traffic from the west central belt to the M90 should be the A9 or A985).

Local perception, which I share, is that there is an increasing speed and volume of HGV’s using the road and I would like a survey done on this. It is also perceived that there is a saving of time and hence fuel costs from so doing, hence the need for major measures to slow such traffic.

As you know, the roundabout at Turfhills can now be provided by developer contribution through planning gain. During discussions prior to adoption of our LDP (both the Main Issues Report & Proposed Plan had ignored the A977) a proposal to improve the junction of the A977 with the A823 in Powmill by introducing a large roundabout carried community support but the Reporter rejected a Masterplan for the village, which local members had supported.

I therefore state the continuing case for three large roundabouts on the A977 at Blaringone, Drum & Powmill to slow and potentially reduce traffic. It is incumbent upon the Council to make the necessary budgetary provision which was estimated in 2009 at £1.5 million.

There have been several attempts over the years to get PKC to make some budget provision for the road and all have failed. I was particularly dismayed when Charles Haggart was instructed to cease work on an outline business case in November 2013, which local members had requested be prepared. In the last two budget discussions, proposals to find additional resources from uncommitted reserves or the use of recurring loan charges (during an unprecedented era of low minimal interest rates that continues) have been rejected.

I note, however, that PKC did increase local road repairs in 2014 by use of the loan charges budget and reducing recurring headroom, also borrowing recently £10million for favoured investment projects from the Public Works Loan Body and a London Borough Authority at very favourable interest rates.

I suggest that all that is lacking here is the political will to address, as a priority, the funding shortfall that has been evident since 2004 and which, whilst excluded from the capital project matrix of submissions for 2017/18 to 2019/20 because it has been forgotten, is very much seen as a priority by the people of the villages in West Kinross-shire that I represent.

I request that a meeting of all those circulated be convened after the summer recess to try and agree how to address satisfactorily these forgotten issues outlined above.

Yours sincerely,

 

Cllr Mike Barnacle

(Independent Member for Kinross-shire)

 

P.S. (1) As you know, I possess a large file of background correspondence from the community, Cllr Robertson and myself over many years to support this letter should you, or those circulated, require clarification on the points made.

(2) My fellow ward councillors will hopefully endorse this request.

 

Circulation List

John Symon, Head of Finance, PKC

Charles Haggart, Roads Service Manager, PKC

Alexander Deans, Senior Transportation Officer, PKC

Cllr Ian Miller, Leader of the Administration, PKC

Cllr John Kellas, Convenor of Enterprise & Infrastructure Committee, PKC

PKC Ward Councillors (Kinross-shire) Dave Cuthbert, Joe Giacopazzi & Willie Robertson

Kevin Borthwick, Secretary of Fossoway Community Council

David Colliar, Chair of Kinross Community Council

Establishment & Expansion of Gypsy/Traveller Sites within Lochleven Catchment

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The following is a letter written to Nick Brian & Peter Marshall (Development Quality & Strategy and Policy Managers, PKC Planning Department) on 17 November 2014.

Dear Colleagues

Establishment & Expansion of Gypsy/Traveller Sites within Lochleven Catchment

I refer to previous correspondence and concerns expressed to yourselves by the community and local elected members, with particular reference to the Crook Moss & Greenacres sites. In the context of the current discussions regarding the quality and standard of planning reports and relations with community councils, I wish to focus mainly on the Crook Moss site.

Between the first rumour of this site proposal in May 2010 and the lodging of a validated planning application in March 2012, extensive site clearance works and development of the site was allowed by PKC, contrary to the wishes of the community and elected members locally.

There was significant objection from the community, local elected members (who had been advised by planning officers that a delegated refusal, which we expected, would keep the process of appeal within PKC) and SEPA to the application; meanwhile works continued on site in advance of any planning decision. My letter of 20th June 2012 to David Littlejohn attached highlighted community concerns on how his department were handling the Crook Moss/Greenacres sites and the policy approach to such developments, in particular the new “open-door” Policy RD5 that suddenly appeared without consultation in the Local Development Plan (LDP), I being wary of how it would be used by agents to support invariably retrospective applications that result in sites becoming established and proliferating, without adequate planning control. I suggest my concerns have been justified since. I noted that in May 2006, PKC planning stated that the potential of the Greenacres site had been achieved at 7 units; a site visit now, consistently rejected despite requests by myself and Cleish Community Council (CCC), would reveal about 5 times that in terms of capacity.

The Crook Moss site was brought to the Development Management Committee (DMC) on 1st August 2012 with a recommendation for approval (having been all but established already) to the amazement of local members who could not vote thereon, having declared opposition (I personally will never repeat that mistake). Fossoway Community Council (FCC) and local members addressed the Committee on the number of policies and reasons for refusal (in particular regarding landscape, settlement boundaries and residential amenity), along with ambiguities, inaccuracies and omissions in the report. After an extraordinary length of time questioning officers, a deferral for more information was agreed.

Councillor Cuthbert and myself met the SNP Convenors of the DMC on 13th August 2012 with our concerns on the outcome, process and standard of report presented to DMC and I prepared a number of questions/observations that arose that required to be addressed during the deferral period, also referring to FCC’s questions summarised, attached. None of this, including a request to visit the Greenacres site to establish need (LDP includes a generous settlement boundary around this site following representations from CCC and myself seeking to establish parameters of the site), was responded to and FCC lodged a formal complaint over the handling of the application, which I fully concurred with.

On 9th October 2013, the application was brought back to DMC for approval, with a host of conditions, principally on the basis of Policy RD5 & Housing in the Countryside. FCC and local members again addressed same and I noted that most of the issues I had raised at deferral and since had not been addressed in the report, nor had mention been made of FCC’s complaint (2 of which had been upheld). The DMC chose to ignore the level of community objection and that of local members which continued, granting planning approval as recommended. The agent gave assurances his client would meet the list of extensive conditions within three months!

On 10th October 2013 I wrote to yourselves and also to Legal Services on 26th November 2013 attached, following a Kinross-shire CC’s Forum meeting regarding the Memo of Understanding for Planning Procedure for Applications in the Lochleven Catchment agreed between PKC, SEPA & SNH (no local member involvement) reported at the E & I Committee of 28th August 2013. Cllr Robertson and myself had expressed concern at removal of Section 75 Legal Agreements and replacement by conditions, given our experience of lack of enforcement. Following the DMC decision of 9th October 2013 re Crook Moss, when this Memo Protocol was first mentioned, it became clear that ‘it could not be adhered to where retrospective applications are involved’ (seemingly encouraged by PKC) because development has already commenced on site without the necessary drainage arrangements being implemented in accordance with it. I suggest strongly that the authorities, by their approach, are in breach of their statutory duty to protect Lochleven under Policy EP7 of our LDP.

Between February 2014 and current date, local members and residents have continued to make representations regarding the lack of enforcement of Crook Moss planning conditions and extension of deadlines to meet same. It is my understanding that currently there are no drainage or water supply arrangements in place that have a licence or comply, whilst noise conditions and the so-called landscape framework are breached. (They have been on site, in the 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, along with impact on public visual and residential amenity. Given this failure by the applicants, I suggest strongly it is time to review this planning permission and consider its revocation.

IN SUMMARY AND TO CONCLUDE

There is no Local Democracy inherent in our Planning System (An area committee for Kinross-shire giving stronger weight to the views of the local community and it’s elected members, which I continue to advocate, has been consistently rejected by our centrist, controlling and corporate minority SNP administration in Perth).

The lack of any meaningful deterrent to retrospective applications being applied by PKC, under directive from the Scottish Government, makes a mockery of the planning system, giving no incentive to applicants to follow correct due process.

As suggested earlier, Lochleven catchment policies are being undermined by the current approach and I have no faith that PKC and its partners in the planning protocol will protect the loch.

The community I represent wants to see a level playing field exercised, which planning regulations stress but it would appear to me that, from any detailed examination in relation to this matter, the European Convention on Human Rights confers special treatment for certain so-called ethnic groups that produces the opposite in planning terms.

I will be interested in your responses, particularly as ward councillors are to meet with planning on 27th November 2014 to discuss Crook Moss, Greenacres & Mawcarse Gypsy/Traveller sites.

Yours sincerely,

Cllr Michael Barnacle

Independent Member for Kinross-shire

Circulation List & Background Papers Attached
Cllrs Cuthbert, Giacopazzi, Robertson, Kinross-shire Ward
Cllrs Gray, Band, Convenors DMC
Sandy Morrison, Chair of Fossoway Community Council
Ron Kitchin, Chair of Cleish Community Council
Sean Caswell, Planning Unit Manager (Perth & Edinburgh) SEPA
Helen Taylor, Operations Officer (Planning for Lochleven Catchment) SNH
Roseanna Cunningham MSP (Perthshire South & Kinross-shire)
Willie Rennie MSP (Lib Dem for Mid Scotland & Fife)
Liz Smith MSP (Conservative for Mid Scotland & Fife)
Gordon Banks MP (Ochil & South Perthshire)

Background Papers

  1. MB’s letter to Nick Brian re Greenacres 4/7/11
  2. MB’s letter to Mark Williamson 25/4/12
  3. MB’s letter to David Littlejohn 20/6/12
  4. MB’s note to DMC Colleagues 30/7/12 + attachments 4a – 4h
  5. Emails to Convenor of DMC & attachments 15&16/8/12
  6. MB’s address to DMC 9/10/13
  7. MB’s letter to Legal Services + attachment 26.11.13
  8. Cllr Giacopazzi’s email to Chief Executive 4/2/14
  9. MB’s email to SP&R 11/2/14