Councillor Mike Barnacle

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Budget Farce Continues and Laissez-Faire Council Over Gypsy Sites

June 1, 2014 By Mike Barnacle

These articles were first published in March 2014 in the Kinross Newsletter.

Budget farce continues
Last year I rais ed the signifi cant concerns I had for the way
the minority separatist SNP Administration (surprisingly
aided and abetted by the so-called opposition Tory Group)
are running PKC. (See p.17, March 2013 Kinross
Newsletter.)
The Budget debate [13 February] followed a familiar
depressing pattern. The Group of Independent Councillors
decided to continue their approach of not pres enting a
budget, given the political arithmetic in the chamber and the
fact that our repeated request for earlier di alogue with the
other groups had again met with such a disappointing and
mixed reaction. Subsequent events were to again prove the
wisdom of that decision.
Given that Scottish Local Authorities under the Nationalist
Government have little choice but to accept the continuing
council tax freeze (by 2015/16 it will have been static for
nine years, during which time the rate of inflation has
consistently been above government targets, leading to a
real terms reduction in funding) and act as mere agents of
government policy, it remained imperative that PKC’s
decision on use of its limited resources, in a continuing
diffi cult climate, be given careful decision on use of its
scrutiny. All four political groups put forward their budget
proposals for the years 2014/16, meaning examination of
eight papers in under one hour (it would have been ten
papers i f we had presented our proposals and up to last year
I have never known such complexity in previous budget
examinations). In our view this is not a good way to set up
£325,000,000 budget.
Our Independent Group had spent considerable time on the
budget process and we had a balanced budget amendment in
place for possible use, having circulated our thoughts in
advance to all the other Councillors on areas where we
believed more money needed to be spent. These mainly
concerned the Environment Service, featuring new
footpaths, extra road gulley cleaning, more bus shelters,
increas es in grounds and roads maintenance, roadside verge
cutting at junctions, additional brown bin collections and an
increas e in the community waste fund. As I had said in an
earlier debate on the budget situation, we would support
whichever group incorporated most of our suggestions in
their proposals. It was interesting the number of areas where
additional expenditure or reject ed savings found common
ground amongst all four political groups.
There followed a highly political debate on the various
proposals which culminated yet again in the Tory Group’s
amendment, that was to be set against the SNP motion,
being withdrawn; hence for the second year running no vote
took place and the Administration’s budget, with minor
changes, was effectively passed. In reality, I again did not
have the opportunity to vote on it and asked, amongst other
opposition members, to be disassociated from this process.
In fact, our Group had decided, in the short time allowed to
digest the various papers, that ‘on balance’ we could
support the Administration’s proposals.
I maintain, along with Councillor Robertson, that the whole
procedure is a ‘farce’ and there must surely be a way to
allow more time to examine the relative merits of each
budget proposal in order to reach a better consensus and
proposal to take forward on behalf of the people of Perth
and Kinross we seek to represent; especi ally since all groups
accept the terms of the Local Government settlement and
council tax remains frozen. This year’s debate again
highlighted more than ever the iniquitous position of the
largest so-called opposition Tory Group that do not engage
with the rest of the opposition and openly attack them,
whilst happy to take the paid convenorships of audit and
scrutiny (I have resigned from this latter committee because
it is so ineffective) traditionally reserved for the leading
opposition. (The phrase taking money under false pretences
again springs to mind.) In effect, the actions of the Tory
Group mean that there is no effective way in which the SNP
minority administration is held to account. It would be
interesting to know if the Tory leader at Holyrood is aware
that her party in giving such succour to the Nationalists in
PKC in this referendum year? (I shall not bother writing to
her since she remains the only party leader who did not
respond to my request letter on the Referendum issue.)
Turning now finally to the Council’s Capital Budget for
2020/21 presented on 13 February 2014, our Group’s
amendment last year to allocate an extra £2 million from
uncommitted reserves was dismissed by the administration
when they chose to accept a Tory amendment relating to the
A9 improvements only (part of our amendment which had
also included money for major mitigation measures needed
on the A977 and core paths). I was dismayed when the
preparation of an outline business case for the A977
measures was put on hold last November and our Group had
proposed again an increase in the Capital Budget by £3
million by using recurring loan charges of £180,000 per
annum from revenue; it is disappointing that this suggestion
was not taken up by an Group’s proposals.
Given that we are in an unprecedent ed era of low minimal
interest rates, not expected to increase signi ficantly before
2017, it is surely wise in the medium term to identify
options (from the Capital Fund Reserves or Revenue) for
creating an increase in the loan charges budget (I suggested
an extra £200,000 per annum) from 2015/16 to restart the
Capital Programme. I sincerely hope that the administration
will look at this in the coming year and that my fellow local
members in Kinross-shire will support the request I made
during the debate.
Councillor Mike Barnacle
Independent Member for Kinross-shire

Council “laissez-faire” over gypsy
sites, says Councillor

Cllr Barnacle has written to members of the Council’s
Strategic Policy and Resources (SP&R) Committee on the
subject of Gypsy/Traveller sites.
The SP&R Committee was due to discuss a report
recommending the approval of a Perth and Kinross Gypsy/
Traveller Strategy at its meeting on 12 February.
Cllr Barnacle, who does not sit on the SP&R Committee,
wanted to warn the committee members of the dangers of
what he regards as PKC’s “ laissez-faire” approach to gypsy/
traveller planning applications.
He wrote: “ It is my view .… that we are faced with a
proliferation of sites capable of expansion and inadequate
planning control. Local communities view all this activity
with anger, concern and dismay. They want a level playing
fi eld and not positive discrimination on behalf of gypsy/
travellers in the planning system, as currently clearly
apparently operated by PKC.”

Filed Under: Budget, Planning and Environment

Referendum, Local Development Plan and Loch Leven

June 1, 2014 By Mike Barnacle

First published in February 2014 Kinross Newsletter

Scottish Independence Referendum
The December issue of the Newsl etter carried a copy of a
letter I wrote to Alistair Carmichael MP, Secretary of State
for Scotland, regarding the Better Together Campaign, in
which I expressed the view that the campaign needed to be
more positive about the benefits of Scotland being part of
the UK.
I received a reply from the Alistair Carmichael dated
3 December 2013. Parts of the reply are reproduced below:
“In order to inform and support the debate on Scotland’s
f uture, the UK Government is undertaking a programme of
analysis on Scotland as part of the UK, and how it
contributes to and benefits from being part of the United
Kingdom. And the evidence shows there is a v ery positiv e
argument to tell. As part of the UK we in Scotland benefit
from a stable currency, sustainable pensions, inf luence in
Europe, and a def ence force that keeps us safe at home and
protects the vulnerable abroad.”
“To date papers on the f ollowing topics hav e been
published:
• dev olution and the implications of Scottish
independence;
• currency and monetary union;
• business and microeconomic framework;
• f inancial serv ices and banking;
• macroeconomic and fiscal performance;
• def ence;
• security and
• science and research.”
These papers are available to read online at:
www.gov.uk/scotlandanalysis
The Secretary of State also said that more papers on key
issues will be made available on that web address
throughout 2014.

LDP process not flexible enough
Cllr Barnacle has written to the Scottish Minister for Local
Government and Planning to raise his concerns regarding
the statutory framework whi ch oversees the creation of
Local Development Plans.
On 18 December 2013, Perth & Kinross Council agreed to
adopt its Proposed Local Development Plan as modified by
the Scottish Government Reporter and the Plan has now
been submitted to Scottish Ministers.
Cllr Barnacle wrote to the Minister: “…a number of
Councillors referred on the day of the debate, including
myself, to the apparent ‘democratic deficit’ within the
planning system because we were advised that there was
really no flexibility to depart from the recommendations of
the Reporters appointed by your Government.”
Although Cllr Barnacle was “ reasonably content” with the
Reporter’s conclusions in relation to the Kinross-shire ward,
a number of councillors were unhappy with some of the
Reporter’s changes affecting the Perth area, including
reinstatement of the Almond Valley village proposal.
The Councillor wrote: “The Reporters had more time to
hold hearings on contentious issues and could have done so;
PKC had no opportunity to request such hearings in
response to recommendations.”
Councillor Barnacle asks the Minster for his assurance that
this planning process will be reviewed and changes
considered that may address the concerns set out in his
letter.

Loch at risk from planning changes?
The four Kinross-shire Councillors have expressed their
concern at a change in the way Perth & Kinross Council
handles certain planning applications, which could have an
adverse effect on Loch Leven.
To protect the ecology of Loch Leven, any proposed
development in the loch’s catchment that is not going to be
connect ed to a public treatment works has to include its own
infrastructure to remove a speci fied minimum amount of
phosphorus from waste-water.
Until recently, the Council attempted to ensure that
developers complied with this obligation by using a ‘Section
75’ Legal Agreement when approving such planning
applications. However, Council officers felt that Section 75
agreements caused delays in determining planning
applications and in issuing planning consents. They are also
diffi cult to enforce.
In August 2013, PKC’s Enterprise and Infrastructure
Committee agreed to a different method of obliging
developers to include the necessary mitigation works. This
involves writing certain conditions into a planning consent.
These conditions are laid out in a ‘Memorandum of
Understanding for Planning Procedure for Applications in the
Loch Leven Catchment’ drawn up by Council offi cers in
consultation with SEPA and SNH.
Briefly, condition (1) of the Memorandum requires the
developer to install appropriate foul drainage infrastructure
prior to occupation; condition (2) states that no development
shall commence until the drainage infrastructure has been
installed to the satisfaction of the authority; and condition (3)
states that no development shall commence until the
applicant submits an approved CAR licence under the Water
Environmental (Controlled Activities) (Scotland) Regulation
2011.
In October 2013 PKC’s Development Management
Committee granted a retrospective planning application for a
gypsy site at Crook Moss, which was already partially
constructed. The new Memorandum was not drawn up with
retrospective applications in mind, however, and when
writing the conditions on the planning consent, offi cers
omitted the words “no development shall commence on site
until ..” in relation to the Memorandum’s conditions 2 and 3
(conditions 16 and 17 of the gypsy site planning consent).
As reported in the November Newsletter, Cllr Barnacle
emailed PKC’s Peter Marshall (Planning) to express his
dismay at the failure of the Council to implement suitable
protection for the loch. Dissatisfied with the response, he then
wrote, on behal f of all the Kinross -shire Councillors,
following a Kinross -shire CC Network meeting, to Ian Innes,
PKC Head of Legal Services.
In his reply, Mr Innes admits that: “… the protection which
was intended from the suspensive nature of conditions 2 and
3 is not available in such cases” (i.e. retrospective
applications). Mr Innes continues: “Close monitoring of the
impact of phosphates in the Loch Leven catchment area
continues to be undertaken by offi cers in this Council, SEPA
and SNH. If there is evidence showing that the intended
protection of the Memorandum is being undermined because
of retrospective planning applications, it would be incumbent
upon each of these bodies to respond.”
Cllr Barnacle told the Newsletter that he intends to follow up
the matter of the Crook Moss traveller site with regard to the
way the application was handled and approved by PKC –
contrary, he believes, to a host of policies.

Filed Under: Planning and Environment, Referendum

Scottish Independence Referendum

June 1, 2014 By Mike Barnacle

This piece was published originally in the December 2013 Newsletter.

I have written to Alistair Carmichael MP, Secretary of State
for Scotland, and Alistair Darling MP, ‘Better Together
Campaign’. A copy of the letter is below.
15 November 2013

Dear Colleagues
Scottish Independence Referendum 18/9/14
I write as an Independent Councillor for Kinross-shire,
having been first elected in May 1999 as a Liberal Democrat
(a party I left in 2008 over lack of support on community
planning issues) and served my constituents continuously
since then. I support, along with the Independent Group on
Perth & Kinross Council, the ‘Better Together Campaign’ to
oppose the separatist policies of the SNP and keep Scotland
part of Britain and the UK. I campaigned for a devolved
Scottish Parliament and my continuing liberal political
philosophy supports the Federal solution f or the British state,
with a sterling interchangeable currency zone from the
Channel Islands to Scotland (I enclose a joint letter written in
December 2006 by the Liberal councillors in Kinross-shire
then, which I suggest is still very relevant to this
Referendum).
The SNP are extremely well organised and formidable
opponents in this Referendum. They are also very centrist,
controlling and corporate at both national and local level; in
particular I would say in relation to promoting a national f ire
and police service (very clearly primarily a cost-saving
exercise), planning controls with a local democratic deficit
and a seemingly indefinite (9 y ears by the end of the present
Government’s term) council tax freeze virtually imposed on
local authorities, with resultant related cuts in services. I
note also that although arguing for greater fiscal autonomy,
they have never used the varying tax powers they currently
have under devolution.
My experience to date of the ‘Better Together Campaign’
leaves something to be desired and I have had difficulty in
liaison and acquiring campaign material for the team I have
in place to help. I feel it is incumbent and urgent for the ‘No’
campaign to get better organised nationally and locally, if
they are to win. The SNP play up their ‘positive future’
message and the apparently seamless transition from a 300
y ear old union to independence against the ‘project fear’ of
the ‘No’ campaign, tending to label any one who doesn’t
share their agenda f or independence as somehow
unpatriotic towards Scotland.
Surely it is time to be more positive about the benefits (both
past and present) to Scotland of being part of the UK. I
would also urge the unionist parties to have discussions on
a ‘home rule package’ they could agree to put on the table
and deliver if a ‘No’ vote is secured. I believe this would be
the best and wisest outcome for Scotland’s future.
Yours sincerely
Councillor Mike Barnacle
Independent Member for Kinross-shire

PS I also run an accountancy practice with clients on both
sides of the border and do not wish to see separate
financial services regulations applying.

cc Ruth Davidson MSP, Leader of Conservative & Unionist Party
in Scotland. Johann Lamont MSP, Leader of Labour Party in
Scotland. Willie Rennie MSP leader of Liberal Democrats in
Scotland. Gordon Banks MP (Ochil & South Perthshire). Cllr
Dave Cuthbert, Independent Member for Kinross -shire. Cllr
Willie Robertson, Scottish Liberal Democrat Member for
Kinross-shire.

Filed Under: Referendum

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About Me

My Name is Mike Barnacle, Local Councillor for the Kinross-shire Ward in Perth & Kinross.
If you need to contact me, please get in touch via telephone or email.
01577 840 516
michaelabarnacle@gmail.com
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