Extracts from a letter sent to Karen Reid, CEO of Perth and Kinross Council after her responses to the issues listed below. If you would like more information about her response to an individual item, contact Mike Barnacle for more details.

Dear Karen

Thanks for your comprehensive report of 7 October, 2020 to the notes I made for our virtual meeting on 1 September 20. When I first emailed you on the above last February, I referred to Senior Officer resistance to resolving same, which is why I asked for our private meeting; it is therefore disappointing that, in relation to Issues 5 & 6 (where I sent you much background documentation), along with Issues 8 & 11, you have simply reiterated the views of planning and housing colleagues that I have disagreements with.

While content with your replies on Issues 4, 9 and 12-14 [listed in the October issue of the Newsletter – ED]; I feel I must respond on the other issues as follows:

PILOT AREA COMMITTEE OF PKC FOR KINROSS-SHIRE

Our draft pilot scheme included statutory responsibility but not quasi-judicial matters. Without some of the former it would just be ‘a talking shop’ with no devolved power to decide anything.

LACK OF POLICY @ PKC ON MAINTAINING SUSTAINABILITY OF RURAL COMMUNITIES

None of PKC’s Policies and Strategies helped Blairingone, which has lost all its facilities, including finally its school, despite proposals for housing development. ENSURING THE RETENTION OF ONE BANKING FACILITY IN KINROSS-SHIRE

I will write to Group leaders and copy you in.

RESTORING THE LANDSCAPE DESIGNATIONS FOR THE CLEISH HILLS & DEVON GORGE I have explained why I and other organisations felt the methodology was flawed and reached the wrong conclusions. You make no mention of the Cleish Hills and why the consultants and planning came to the ‘illogical view’ that the landscape changes at the Fife boundary.

ADDRESSING THE O/S CRIME, ENVIRONMENT & PLANNING ISSUES @ CROOK MOSS GYPSY TRAVELLER SITE

Planning permission is flawed if the absence of landscaping on the North Eastern site boundary exposes, in particular, the eyesore scrap yard in the paddock area, especially given the landscape consultant’s report (ignored by PKC). The absence of enforcement action on the paddock area and the illegal structure in the turning area is unacceptable to me and the community I represent, not to mention residents of the site itself. I disagree that there is no planning harm and consider residential amenity compromised by PKC’s lack of action.

OCHIL HILLS & LOMOND HILLS REGIONAL PARKS CREATION & EXTENSION I will write to Group leaders to see if they would agree that PKC should write to neighbouring authorities.

LEVEL OF HOUSING DEVELOPMENT IN KINROSS & MILNATHORT & THEIR EFFECT ON CONDITION OF LOCH LEVEN, ITS CATCHMENT & OUR LOCAL HEALTH FACILITIES

I don’t accept planning’s response and find approval recommendations for the area do not reflect community concerns.

FLOODING IN DRUM AREA

I will write to SEPA (where I have contacts) and challenge why Drum is not within a PVA.

AFFORDABLE HOUSING IN RURAL COMMUNITIES OF KINROSS-SHIRE

I disagree that there is no demand for social housing in our rural villages and so would our Community Councils; all that is being built are large expensive houses for the Edinburgh market, with locals unable to downsize or having to move to the towns.

You will note that I have copied my fellow ward councillors in on my response and I am sure I will be meeting them soon to discuss how we may pursue these outstanding issues.

Councillor Michael Barnacle Independent Member for Kinross-shire

THANKS TO PRESSURE FROM local councillors and the public, following talks between Clackmannanshire Council and PKC we now have a new bus service operating between Stirling and Kinross by First Midland. It is the Service X53 which runs roughly every two hours from Monday to Saturday. Phone 01324 602200 for more detail. While the timings may not be ideal and the loss of a continuing service east of Kinross to St Andrews is still to be addressed, my message to residents is, ‘USE IT OR LOSE IT!’

Notes I made from a virtual meeting with the Chief Executive Officer of PKC on 1 September, 2020

Pilot area committee of PKC for Kinross-shire

Kinross-shire was a former ‘county’ in its own right with a long history and identity. It is therefore the ideal ward candidate for a ‘pilot’ area committee of PKC. In June 2019 following a meeting with Lisa Simpson, Cllr Purves and I drafted a pilot scheme of administration, adopted from schemes in other councils, which was sent to her for her views. Nothing happened. I wrote to Lisa on 17/12/19, copied to yourself, pointing out that Kinross-shire Community Council Forum had agree that we should pursue this. Again, no progress has been made. PKC appear in reports to support ‘empowering communities’ but obstruct attempts to do just that!

Lack of policy @ PKC on maintaining sustainability of rural communities

No response to my letter of 13/6/19, copied to yourself etc, to Murray Lyle!

Ensuring the retention of one bank in Kinross-shire

Note my email to you of 23/5/20 – Bank of Scotland branch closure on hold and to be ‘reviewed’ after pandemic is over. I am not convinced, however, that their decision on closure will be altered in the long term. It occurs to me, could PKC use their campuses to provide a banking facility in dialogue with the banks?

Pursuit of a rail link from Kinross to Fife Circle (PKC policy)

In 1895 Edinburgh to Perth took 65 minutes, in 2015 it took 71 minutes. The Scottish Government rejected Transform Scotland’s proposals for a direct link between Edinburgh and Perth with Perth Station becoming inter-city hub in February 2016. At Full Council in Kinross On 4/10/17, a Motion to establish a Park & Ride station at Kinross to link to Fife Circle at Cowdenbeath by lobbying Scottish Government and Transport Scotland was passed unanimously but officers have singularly failed to pursue this through Tayplan Transport Strategies since. N.B. My letter of 16/5/18 to Newsletter editor.

Restoring the Landscape Designations for the Cleish Hills and Devon Gorge These Areas of Great Landscape Value were established in the Local Plan 2004 following a community campaign against officer recommendations. (Article in Newsletter Spring 2014).

When PKC reviewed Local Landscape Designations for supplementary guidance to LDP1 they used consultants and a review panel that I participated in. The consultants ‘ignored’ review panel representation on these areas despite them meeting evaluation criteria and I have sought ever since to get Forward Planning to review their ‘flawed’ conclusion. I am supported in this endeavour by KCT, Friends of the Ochils, Kinross-shire CC’s. Ward elected members, Muckhart CC, Rural Scotland (I am a Council member). You were at SP&R of 29/1/20 when my amendment failed.

Addressing The O/S Crime, Environment & Planning Issues at Crook Moss Gypsy Traveller Site

Applicants have been on site, within Lochleven catchment, since March 2012.

Widespread, almost unanimous, opposition of local members and community, to planning approval on 9/10/13, subject to 17 conditions. Original objections majored on Lochleven catchment drainage, landscape assessment, residential amenity and proximity to settlement boundary. Agent for applicant gave assurances of compliance within 3 months.

Whilst enforcement discretionary, PKC’s top priority for same are breaches on environment (Policy EP7 within Lochleven catchment area), public and residential amenity. Drainage still not in place, no portable toilet facilities on site, planners ignored their own landscape assessment that site not appropriate for development, still no adequate landscaping and ‘paddock area’ is a scrapyard!

Wrote to Barbara Renton on 9/5/18 re landscaping and general site appearance. Nothing was Actioned. This followed Enforcement Report to Committee on 9/5/18 (following reports on 18/3/15, 16/9/15, 13/1/16, 11/5/16, 24/5/17) recommending a closing report once all issues resolved – this last recommendation has been rejected by Kristian Smith! That last report in May ’18 was subject of a scathing email to colleagues from me that remains a statement of the obvious and which I sent to Barbara Renton then. It resulted, in due course, with referral to Standards Commission who decided not to investigate officer complaints against me.

At my request a meeting was held on 14/1/20 @ 2 High Street involving Fossoway CC, Police, PKC planners, the gypsy liaison officer and site residents. It achieved nothing!

Current situation – One additional pitch has been formed, with a permanent structure thereon, without planning permission, in original turning area. Occupant of this pitch currently in jail for murder. Residents want enforcement by PKC!

Infrastructure still not in place and private waste water treatment rejected on several occasions by SEPA.

‘Permanent scrapyard’ in paddock area on edge of Crook of Devon doesn’t have planning permission. Site at this end a worsening eyesore on edge of village. This area changing ownership. Only one occupant of 5 consented pitches in residence, rest afraid to return to site. Attempts by myself to contact drainage contractor have been fruitless, latest of a number of dates for connection now 14/9/20. Planning said ongoing enforcement but nothing is happening!

Gipsy liaison officer offered no solutions for site residents. Community Council agree with me that present situation is totally unacceptable. I am aware of interest in the site for affordable housing from neighbouring landowner but planning said this would be very difficult to accomplish.

Other items ward members share my concerns with

viz Ochil Hills and Lomond Hills Regional Parks creation and extension

See my letter of 13/6/19 to Murray Lyle, copied to yourself. Peter Marshall was to write to neighbouring authorities but I have not had confirmation of this.

Level of housing development in Kinross & Milnathort and its effect on the condition of Loch Leven, its catchment and our local health facilities.

There is real concern here about lack of phasing of large[1]scale housing development, particularly where mentioned in development plans, putting pressure on the Loch’s environment and community services. Raised with Peter Marshall & Roz McCall, Convenor of Planning MOWG that is not meeting, without response to my knowledge. Strong feeling locally that policies to protect Loch Leven and its catchment are not being given due weight by the planning department. There is an urgent need to review the protocol on this involving PKC, SEPA, SNH and I suggest Scottish Water, also Cllr Robertson has had no response to his questions on Lochleven planning policies, in particular why the agreed 10% reduction in housing nos to protect Loch Leven is being ignored?

Litter/Flytipping

Is it possible to have a ward campaign ‘Keep Kinross-shire Tidy’ or should this be authority-wide? Councillors feel that not enough is being done to combat this through publicity.

Flooding in Drum Area

I have repeatedly asked in submissions to LDP’s for the Drum area of Kinross-shire, which has a very high-water table, to be considered for a flood management plan or help with a ditch management scheme, to no avail. On 26/8/20 I visited a resident of Drum who has been flooded twice this year. Have asked PKC officers for site meeting in second half of September! Surely the Drum area should have recognition of its capacity for flooding! Also, I wrote to Peter Marshall and Roz McCall re house construction on flood plains, particularly encouraging the construction industry to make the ground floor of such housing a garage and not living accommodation. Not aware of any response.

Affordable housing in rural communities of Kinross-shire

None is being built and none scheduled in PKC planning! We have a MOWG for this, not meeting.

Kinross-shire border signage

Introduced as a sub-division of a previous PKC branding exercise, it has proved very popular and could be extended. Given budgetary constraints, would PKC accept a shire CC Forum initiative to raise funding?

Covid-19 Resilience Groups

As I am sure occurred elsewhere in PKC area, Kinross-shire was blessed with voluntary groups helping out in the pandemic and local members are considering how best to harness that goodwill going forward, any suggestions?

Finally, length of planning meetings, standard of reports and so on

This is of concern, particularly the meeting on 1/7/20 which I referred to in my email of 20/8/20. We have a planning MOWG, under Roz McCall’s convenorship, but I don’t think she recognises the many concerns around planning issues I have previously raised, consequently, it rarely meets.

As a member of the Council of Rural Scotland (APRS), I was involved in the organisation’s Submission to Government on National Planning Framework 4 re landscape, etc and have sent a copy to Peter Marshall. If PKC were to embrace their approach, I would be very content and surprised. Thanks for your time, Karen.

Councillor Michael Barnacle

Independent Member for Kinross-shire

An abridged copy of an email sent to Andy Clegg on 5 July about local and tourist access to Rumbling Bridge Gorge:

Dear Andy,

This area was celebrated as a place of special beauty by Sarah Murray in A Companion Guide to the Beauties of Scotland in 1799. It has been neglected over recent years and I am not sure of the current status of any management plan but note some recent fence repairs. I note an email of 4/6/12 re the need for a path linkage from the Gorge to the Dollar footpath network and a pedestrian crossing near the nursing home. Also, following the planning consent 13/01233/FLL for a Hydro Scheme in December 2013, a developer contribution of £10,000 was made to PKC for footpath improvements in the area, which has not currently been spent?

There are also a number of visitor car-parking initiatives but no joined up thinking! i.e. adjacent to Braehead development as planning condition (previously PKC roads were unhappy with this locus for visitor parking), a planning permission for houses in grounds of the nursing home containing a visitor car park not actioned, a proposal for a new bridge across Devon by TRACKS with improved parking at Naemoor road and picnic area (the police previously wanted prohibition of parking here if better parking elsewhere), a willingness known to me by the owner of the ground between the nursing home and Naemoor road to help facilitate a carpark and footpath link. I would appreciate it if you could look at the ways in which we could improve the Gorge for locals and tourists alike with perhaps a site visit involving the local members and Fossoway CC.

Kind regards,

Cllr Mike Barnacle

I had the following response on 16 July:

Dear Mike,

Many thanks for your email and I absolutely agree this is a really important and under promoted site. We do have it in our programme for a proper site management plan to capture the issues, opportunities, funding and partnerships which will be needed to make the most of it.

We did make a start on it but have had a number of staff changes which delayed things, along with an inability to re-fill a vacant project officer post for over a year, despite advertising and interviewing twice. We are currently looking at some changes to that role to see if we can attract some better candidates.

In the meantime, we have done a number of significant repairs to the existing timber structures to ensure the site remains open and safe to use. Any further investment in infrastructure would benefit from the management plan approach and seeking external funding as we do successfully with the vast majority of our projects. This makes the Council’s resources go much further but does take time to do.

Until then our approach is, by necessity, very much reactive repairs unfortunately. However, as soon as we have capacity in the team, we would be delighted to arrange meetings with the key parties and community to see what we can do as a partnership project for this much deserving site.

Best regards

Andy Clegg

Community Greenspace Manager (Interim)

Below is an abridged copy of an email sent to my ward colleagues on Wednesday 17 June, prior to a virtual meeting held on 30 June when we agreed to work together on the issues mentioned therein with the addition of affordable housing in rural communities, building on Covid19 experiences by getting voluntary groups together, enhanced Kinross-shire border signage (forum) and the new cemetery policy!

Dear Colleagues,

I will not be standing for re-election in May 2022 when I will be 75, all being well. I have informed Karen Reid and Tayside Pension Fund accordingly! I have asked Karen Reid for a private meeting with me to discuss the above.

I am seeking progress on the following matters before I step down:

• Pilot Area Committee of PKC for Kinross-shire,

• Lack of policy at PKC on maintaining sustainability of rural communities

• Ensuring the retention of 1 banking facility in Kinross-shire

• Pursuit of a rail link from Kinross to the Fife Circle (PKC policy)

• Restoring the landscape designations for the Cleish Hills & Devon Gorge

• Addressing the o/s crime & environment issues at Crook Moss Gypsy Traveller Site;

In addition to these which I have tabled for talks with our CO, you may have other items that you feel we could work on together over the next two years i.e.

• Ochil Hills & Lomond Hills Regional Parks creation and extension

• Level of housing developments in Kinross & Milnathort and their effect on the condition of Loch Leven, its catchment and our local health facilities

• Kinross-shire campaigns re digital connections

• Litter/flytipping?

What do you think? Also note that, if no progress is made with some of these issues before I step down, I will seriously consider leading a campaign for Kinross-shire to secede from PKC and do a Rutland*, principally because I don’t think the planning dept in Perth is capable of improvement.

Kind regards

Cllr Mike Barnacle

* Rutland is England’s smallest county with the large expanse of Rutland Water, rural and similar to Kinross-shire with its loch, but we have more distinct geographic hill boundaries; Rutland was swallowed up by Leicestershire in yet another ill-advised Government re-organisation but the local people fought a successful campaign to get their county back; Kinross-shire merged with Perthshire in 1975 to become PKC and I see no reason why we couldn’t secede therefrom if the people wished that?

Councillor Michael Barnacle Independent Member for Kinross-shire