Councillor Mike Barnacle

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Crook Moss

October 7, 2013 By Mike

Following the deferral on 1/8/12, it is disappointing that most of the issues I raised then and copied to yourselves on Monday have not been addressed in the lengthy ensuing period.

Fossoway Community Council had 2 of their official complaints regarding the planning report subsequently upheld.

The site history (Paras 30 – 35) refers to actions from May 2010 to August 2013 but fails to mention a host of other retrospective activities alerted to planning; the applicants have been permanently residing on the site since 2/3/12 and have continued to establish it, all in advance of any permission. This includes a horse paddock area (Para 4 and Condition 8) overlaid with hardcore which I believe has been done to create further pitches; exactly the practise at the Greenacres site (Paras 52 and 54). The Crook Moss and the land to the west is owned by Harelaw Farm (the site for phosphorous mitigation proposed), so fears of site expansion have grounds.

The site is outwith both the current and proposed settlement boundary of our Local Plans but close to them (contrary to Policy 48 – Paras 24 and 50). PKC’s Landscape Consultant notes constraints against development here in his study of 2005. The Report again completely ignores this and the work done by the community in preparing a long-term development strategy for the area (Para 5.20 of current local plan following a public inquiry), which has been used to inform the settlement strategies (Para 7.1.12 of proposed LDP). During this local plan process (2004 – 2012) there was no indication of a proposed gypsy/traveller site here, in fact Crook Moss (Para 41 and Policy 22) was proposed for community access, forestry, open space and recreation; so residential amenity will be lost from development at this site.

Para 55 fails to mention the prominence of the site from the east and north, lacking an adequate landscape framework (Policy RD5b) although clearly retrospective works have been undertaken without permission on this. The Maps and Table sent to yourselves on Monday are relevant.

The Report states the absence of allocated travellers sites and then refers to Greenacres; I dispute there is a need for further pitches in Kinross-shire.

Paras 53 and 54 are incorrect. Gairneybridge has planning permission for 25 residential chalets, it was empty of gypsy/travellers on 4/10/13. Greenacres has 16 pitches, which have been sub-divided and a generous settlement boundary to the north and west which I called for in our Proposed LDP. Para 54 fails to recognise the extent of retrospective development at Greenacres and it is my belief that the need identified at 9/8/12 by Officers has been met, with spare capacity available, so there is no justifiable need for the Crook Moss site. Para 52 omits reference to a June 2009 report on housing need and demand where Section 7.7 states “there was a 125% growth in gypsy/traveller households across a 3-year period in PKC’s area as opposed to a 6% growth across Scotland and we are well equipped in terms of provision and pitches available.

As the community ascertained with Scottish Water on 25/7/12, Drum WWTP is at capacity (Para 56) for the foreseeable future. An environmental improvement having been recently put in by public funds, at community request, to service existing residencies within the Loch Leven catchment and not to provide capacity for gypsy/traveller sites. Whilst the applicant has now proposed a private WWTP which is acceptable to SNH and SEPA (Para 58), both these organisations prefer mains drainage connection within the catchment (Policy EP7 of Proposed Plan) and they also share elected member concerns about the expansion of gypsy/traveller sites therein, almost always retrospectively. The Memo (per Para 57) agreed at E & I Committee on 28/8/13 is part of supplementary guidance for our Proposed Plan currently being consulted on; it will be essential that suggested conditions are enforced where no S75 legal agreement is required. Suggested Conditions 16 & 17 on Page 27 are not in accordance with this memo since they omit reference to ‘no development commencing on site until’ the foul drainage infrastructure has been installed and an approved CAR licence submitted.

The importance of Loch Leven Catchment Management Area policies cannot be understated if we are to ensure the health of the Loch and its tributaries, which include the Gairney Burn (a trout spawning area) near this proposed site.

Para 42 omits reference from Environmental Health regarding the use of portaloos as a temporary expedient (weeks rather than months). They state no objections but the applicants have been using these for 18 months already.

Whilst it may be correct that there is no significant flood risk to the site itself (Paras 40 & 59), the adjacent Crook Moss is a wetland lowland bog and the land to the west is subject to permanent flooding now (which was not the case until recently).

There is no reference in conditions or informatives regarding connection to mains electricity, which was proposed at 1/8/12; whilst it may be the applicant’s intention, I remain sceptical this will happen and that generators will continue to operate for the foreseeable future (Para 61).

The Report acknowledges continuing capacity constraints at Fossoway Primary School (Para 66) but then argues site proximity is sustainable (Para 68). This is contradictory!

The Report makes no mention of Policy 81 (KALP 2004) or Policy RD1 (Proposed LDP 2012) on residential amenity. The impact of this site and its potential expansion does have an effect on this and the Moss biodiversity (Policy 22) but the Report makes little of this in Paras 62 and 63. I suggest very little regard has been given to this aspect from the large no of objections summarised in Para 44, there being approximately 50 houses in the immediate neighbourhood, but considerable regard to facilitating this site against local wishes. One has to ask ‘who is the Council representing?’

The Report’s recommendation appears based on two policies, viz:-

(a)   RD5 of proposed LDP 2012. This policy is a final draft that members were not consulted on prior to its inclusion in the proposed plan. I have made comment on this in my submission, being very wary of how it will be used by agents for gypsy/travellers sites to support what is usually retrospective applications that result in sites becoming established, without adequate planning control, as at Crook Moss. I would like to see changes to this policy.

(b)   Para 51 refers to rural brownfield land and small scale housing provision under our 2009 policy. I would query the status of static caravans as affordable housing? There were no buildings on this site of a former landfill.

Three of the local members requested refusal of this application under delegated powers in May 2012 and I ask you again to refuse the application for the reasons and policies I’ve referred to.

Filed Under: Planning and Environment

Letter to Roseanna Cunningham – National Parks in Scotland

June 12, 2013 By Mike

Dear Roseanna

‘Unfinished Business’ on National Parks in Scotland

 I am on the Council of APRS and was a founder member of PARC (Perthshire Alliance for Real Cairngorms) that successfully campaigned for the inclusion of Highland Perthshire in the CairngormsNational Park. I am a strong and long advocate of further national park designations in Scotland and write to commend the work of APRS and the Scottish Campaign for National Parks in producing the above report, a copy of which I understand has been sent to all MSP’s.

I enclose a copy of an article on this from our Spring 2013 newsletter by way of further brief explanation.

I, and the Independent Group of Councillors at PKC, wholeheartedly support the conclusions of this well researched report, that builds on previous work in this area and ask that you use your office to assist in bringing forward the report’s proposals.

Yours sincerely

Councillor Mike Barnacle

Independent Member for Kinross-shire

enc

cc        Claire Baker MSP, Jayne Baxter MSP, Annabelle Ewing MSP, Murdo Fraser            MSP, Willie Rennie MSP, Dr Richard Simpson MSP, Elizabeth Smith MSP

John Mayhew MA MSc Dip TP MRTPI

Filed Under: Planning and Environment

A flawed democracy and procedures at PKC

February 18, 2013 By Mike

Councillor Michael Barnacle

Monday 18 February 2013

A flawed democracy and procedures at PKC

Two recent crucial and important debates at PKC on 23 January 2013 re Proposed Local Plan and 14 February 2013 on the Budget have brought out significant concerns I have for both the present and the future in relation to the way the minority separatist SNP Administration (surprisingly aided and abetted by the so-called opposition Tory Group) are running PKC. I feel it is imperative that my constituents and residents are made aware of this.

Dealing first with my concerns over the handling of the Proposed Local Plan situation, readers of the newsletter may recall the article in the November 2012 issue outlining my letter of 2 October 2012 to Jim Valentine, PKC’s Executive Director (Environment) on this. As predicted, all previous references in PKC documents to the possibility of a modification to the Plan in November 2012 for a 6 week consultation were ignored by planning officers, who directed Councillors make no notifiable modifications, citing delays in the adoption of the Plan if any other course were followed, despite the fact that over 1,500 representations were made on the Plan by the deadline of 10 April 2012.

My letter of 2 October 2012 requesting surgeries between senior planners and ward councillors did result in two detailed discussions taking place on Kinross-shire aspects of the representations received, the planners suggested responses and your ward councillors proposed amendments/modifications (taking note of community representations) prior to the full debate on 23 January 2013.

At that debate, I was prevented by the Provost from raising with the officers who ran it any concerns about why they had not kept to their Development Plan Scheme timetable and as a consequence were pressing councillors to agree the Plan for submission to Government Reporters without any material changes (making a ‘joke’ of so-called consultation). It quickly became clear that the officers’ agenda was shared by the administration (this should not come as a surprise since the Nationalist Scottish Government’s “smart, successful, Scotland” project depends on fast-tracking the planning system, democracy being the loser).

Notwithstanding these difficulties, in a full day’s debate, your Kinross-shire councillors (having agreed strategy earlier) managed to put forward 10 of around 17 amendment motions to the Plan, which we thought we may have a chance to secure agreement on.

In summary these were as follows, with the outcome viz:

 

1                    Remove Housing Site H46 in Kinross. A MODIFICATION WE LOST THE VOTE ON .

2                    PKC suggest to Reporter that H46 be considered for removal (no shortfall in effective land supply). AMENDMENT AGREED.

3                    New site proposed in Milnathort (Site A on Map 31 of Main Issues Report at Old Perth Road) should not be considered for development by the Reporter and PKC propose no modification to the Plan, which excludes it. AMENDMENT AGREED.

4                    Extend Site H54 in Scotlandwell eastwards, in order to ensure a reduction in the original housing density, no increase in numbers, limit the height of properties and provide footpath links to south and west. AMENDMENT AGREED.

5                    Plan should show an additional zoned housing site in Blairingone (H71) which represents Site B in the Main Issues Report for 30 houses; although it would not contribute to the effective land supply. AMENDMENT AGREED

6                    Modify Plan to change Opportunity Site 12 at former Kinross High School to a housing allocation. AMENDMENT WITHDRAWN (following officer advice).

7                    Since Housing Site 53 in Powmill is largest landward area proposal for Kinross-shire at 120 houses (less 23 with existing permissions therein) request the Reporter extend the Masterplan requirement to cover the whole village. AMENDMENT AGREED.

8                    Areas of Great Landscape Value (AGLV’s) to remain in force until Local Landscape Designations for the Local Plan are in place. AMENDMENT WITHDRAWN when officers and convener of Enterprise and Infrastructure agreed to prioritise landscape guidance, which I had previously requested.

9                    Advise Reporter that PKC think Plan should reflect need for further mitigation measures on the A977 between Blairingone and Kinross, noting community aspirations for a possible by-pass of the former. (See later comments on capital budget) AMENDMENT AGREED.

10               Amend Policy CF2 to provide further protection to former railway lines from development, thus enabling either restoration or footpath/cycle usage. AMENDMENT AGREED.

Planning Officers have now finalised the Proposed Plan and associated documents, along with amended Schedule 4 documents (containing numbers of representations, the planners summary thereof, changes sought and PKC response on each of the 46 topic issues) and made submission to the Government Reporters. I have reservations that all representations have been included and correctly summarised, intending to write to the Reporters Unit in due course in relation to my own submissions. It is the Reporters Unit that decides if they want further written clarity on unresolved issues or whether there should be a public hearing. In relation to previous local plan development and procedures this is a major change and in my view, a definite reduction in the democratic involvement of communities, constituents and residents in what shapes their future to 2024.

Dealing secondly with my concerns over the Budget debate, the Independent Group chose not to present their own Revenue budget, given the political arithmetic in the Chamber and the fact that our request for earlier dialogue with the other groups had met with such a disappointing and mixed reaction. Subsequent events were to 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 2014/15 it will have been static for eight 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 was imperative that PKC’s decision on use of its limited resources, in a very difficult economic climate, be given careful consideration and scrutiny. All 4 political groups put forward their budget proposals for the years 2013/15, meaning examination of 8 papers in under one hour (I had not known such complexity in previous budget examinations).

The Independent Group had its own areas of concern, which we had shared with officers, in particular regarding the disproportionate cut in the Environment budget and unacceptable savings proposed in education, housing and community care. We therefore moved deferral of budget decisions until the next PKC meeting set for 27 February 2013 to allow for the dialogue required 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 & Kinross we seek to represent. Since PKC had already accepted the terms of the Local Government settlement and all groups agreed this; council tax bills would not be affected by the deferral. Unfortunately, this responsible approach, was ruled as not competent when we had been earlier advised it was in order.

There followed a highly political debate on the various proposals which culminated in the Tory Group’s amendment, that was to be set against the SNP motion, being withdrawn; hence no final vote took place and the Administrations’ budget, with minor changes, was effectively passed; in reality I have not voted for it and will continue to highlight its effects in the next 2 years. As Councillor Robertson said during the debate, the whole procedure was a ‘farce’ and there must be a better way of doing things. I wholeheartedly agree but; when you have an administration that is not interested in dialogue and 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 convenerships of audit and scrutiny traditionally reserved for the leading opposition (the phrase taking money under false pretences springs to mind), I have little faith that things will change over the term of this Council. It would be interesting to know if the Tory leader at Holyrood is aware that her party is giving such succour to the nationalists in PKC as we approach their separatist referendum?

 

Finally, the budget debate also covered PKC’s Composite Capital Budget 2017/20 and I moved our Group’s Amendment to allocate an extra £2 million from uncommitted reserves, which still left reserves of approximately 3% of net revenue expenditure, in line with Council reserves strategy.

£500,000 of this extra capital was sought for major mitigation measures on the A977. I reminded councillors that PKC officers had supported the community on the need for £1 million to be provided for this at the Kincardine Bridge Public Inquiry in 2004 and again in support of the failed petition to the Parliament, signed by the vast majority of residents in the Kinross-shire villages straddling the road, in 2009. Apart from the £250,000 I managed to secure from Tavish Scott, Transport Minister in the previous Labour/Liberal Government at Holyrood (which was clearly not sufficient given the subsequent arguments over how best to use it), PKC have consistently refused to allocate any capital funding for this ‘forgotten road’, despite my repeated requests.

The major measures envisaged in 2004 were effectively 4 large roundabouts and 2 can now probably be delivered through planning gain at Turfhills and Powmill. The amendment would have delivered progress on the 2 others sought at Blairingone and Drum and I used the opportunity in debate to remind members of our Local Plan amendment on 23 January 2013 (see motion 9) reflecting the need.

PKC’s Project Matrix had ignored this issue and also left 3 projects below the cut off for priority funding that I felt should be included, namely Road Improvements Due to A9 Dualling £750,000, Tay Regeneration and Fergusson Gallery £140,000 and Core Paths £600,000. This amendment was dismissed by the administration and they chose to accept a Tory amendment relating to the A9 improvements only.

I am dismayed that, as a result, there will be no provision for A977 mitigation measures before 2020 and I have no way of addressing the concerns continually expressed to me from residents along this strategic route, in relation to the increasing speed and volume of traffic, particularly HGV’s using it.

 

Councillor Mike Barnacle

Independent Councillor for Kinross-shire

 

 

Filed Under: Budget, Planning and Environment

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