Councillor Mike Barnacle

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1 Proposed LDP2 Supplementary Guidance on Landscape 2. Lack of Policy on Sustainability of Rural Communities 3.Address to Council on LDP2

September 27, 2019 By Mike Barnacle

Dear Ross as discussed I enclose three items that you may wish to use in your publications.

  1. Letter to planning on landscape 12.09.19 with the attachment Letter to Murray Lyle 13.06.19 and enclose Regional Parks Review.
  2. Letter to Murray Lyle Lack of Policy on Sustainability 13.06.19 please note as of today no reply has been received.
  3. My address to the Full Council of Wednesday 25 September on LDP2

Just prior to the LDP2 briefing session I attended on the 8 August, I had queried why we were having them when it’s clear from paragraphs 2.5-2.7 that we are directed to accept the Examination Report, however flawed we may feel the conclusions.  I find it astonishing that onecannot challenge the unelected reporters unit regarding what one may regard as a flawed assessment, based on incomplete evidence and only have recourse back to PKC for blind acceptance.  This is a clear “democratic deficit” in the current planning system, sanctioned by the government, which should be challenged at MSP level .

I am advised by legalservices that moving amendments may not be competent but I take realissue with thekey findings and modifications in the examination report on 3 matters, noting that all has been decided on the basis of written submissions, unaccompanied site Inspections and no enquiry or public hearing.

  1. Policy ld Place Making {Paras 2.15- 2.17)

The Member Officer Working Group that looked at LDP2 issues decided that a capacity range for house zonings was more appropriate than the LDPl approach, which simply stated a site number. Since there have been a number of PKC planning recommendations approving site applications in excess of the LDPl figures in recent times, I was content that the capacity range approach was more flexible but also gave communities some certainty as to the upper parameters of development. I regard the upper figures of the range as something that would have addressed this but the Reporter regards it as inappropriate and has taken the representations from the development sector as ‘indicative only’. This is a worse position than before and a ‘development charter’ which I am totally opposed  to.

  • Secondly I find no reference to my representationson policy ERS which is Prime Agricultural Land.

This policy is not strong enough and there has been significant failure to protect such finite land for food production from development, bothin PKC and elsewhere, contrary to National Planning poli cy. When we have an increasing population, this is short sightedI Hopefully, the National Planning Framework 4 on rural issues may address this.

  • Kinross-shire  area – removal of  sight  MU266 in Crook of  Devon (Paras 2.53 & 2.54)

The reporters assessment acknowledges the existence of services in Crook of Devon but maintains there is significant local opposition to the allocation of the site and the historical context. My evidence file would dispute thisassessment and I would wonder why 4 local members who supported its inclusion would have done so if such opposition was ‘manifest’. The separation between Orum and Crook of Devon referred no longer exists, having been compromised by PKC planning when they sanctioned the Crook Moss Gypsy Traveller site in October 2013 (I have 5 aerial photos of the site showing 8 potential pitches marked when only 5 are consented and conditions relating to drainage on a site within the Loch Leven catchment of questionable compliance). This site was approved against the overwhelming opposition of the community and local members with noreference at any time to the landscape consultants assessment of the area. This consultants assessment covered both MU266 and the location of Crook Moss. The Fossoway Community Strategy Group, which included myself, changed their position in August 2015 regarding the land being suitable for development following PKC’s appalling decision to sanction the Crook Moss site. The Reporter ignores all this evidence in their assessment and for me the greatest prominence at the eastern gateway to Crook of Devon is the Crook Moss ‘eyesore’ sanctioned by PKC but ignored at site inspection.

The reporter cites MU74 at Blairingone by comparison to MU266 but I would argue that sustainable planning would justify MU266 as more appropriate now for development. Blalringone has ‘no services’ following the recent PKC decision to close its school (the only community building that remained) with PKC forward planning constantly negative about development interest. Despite this, the Reporter favours development here rather than at Crook of  Devon, and illogical position.

As regards the A977 mitigation measures currently planned, it is a stated fact that the available PKC budget for these does not meet the total capital cost assessed as desirable, so the clear possibility of a contribution from site MU266 is discounted incorrectly.

The generous affordable housing element of the site at 50% Is a writtenguarantee and I think there is no possibility of securing same at the alternative smaller sites suggested.

I note that PKC Strategic Housing Investment Plan to 2024/25 contains no provision for affordable housing in the rural villages of Kinross-shire!

For these reasons, I fundamentally disagree with the Reporters conclusions, based on incomplete evidence, regarding the  assessment as an ‘opportunity lost’ for the community.

I did mention at the briefing, landscape policies but I have made a submission on supplementary guidance on the 12.09.19 and have received an assurance that consideration will be given to my request for a review of designations for Kinross -shire as part of that consultation.

In summary. I would like my dissent recorded on adopting LDP2 in relation to the three matters I have outlined.

Kind regards

Councillor Michael Barnacle Independent Member for Kinross-shire

Filed Under: Planning and Environment

Councillor Mike Barnacle address to the Full Council of Wednesday 25 September 2019 on LDP2

September 25, 2019 By Mike Barnacle

Councillor Mike Barnacle address to the Full Council of Wednesday 25 September on LDP2

Just prior to the LDP2 briefing session I attended on the 8 August, I had queried why we were having them when it’s clear from paragraphs 2.5-2.7 that we are directed to accept the Examination Report, however flawed we may feel the conclusions.  I find it astonishing that one cannot challenge the unelected reporters unit regarding what one may regard as a flawed assessment, based on incomplete evidence and only have recourse back to PKC for blind acceptance.  This is a clear “democratic deficit” in the current planning system, sanctioned by the government, which should be challenged at MSP level.

I am advised by legal services that moving amendments may not be competent but I take real issue with the key findings and modifications in the examination report on 3 matters, noting that all has been decided on the basis of written submissions, unaccompanied site inspections and no enquiry or public hearing.

1              Policy 1d Place Making (Paras 2.15 – 2.17)

The Member Officer Working Group that looked at LDP2 issues decided that a capacity range for house zonings was more appropriate than the LDP1 approach, which simply stated a site number.  Since there have been a number of PKC planning recommendations approving site applications in excess of the LDP1 figures in recent times, I was content that the capacity range approach was more flexible but also gave communities some certainty as to the upper parameters of development.  I regard the upper figures of the range as something that would have addressed this but the Reporter regards it as inappropriate and has taken the representations from the development sector as ‘indicative only’.  This is a worse position than before and a ‘development charter’ which I am totally opposed to.

2            Secondly I find no reference to my representations on policy ER5 which is Prime Agricultural Land.

This policy is not strong enough and there has been significant failure to protect such finite land for food production from development, both in PKC and elsewhere, contrary to National Planning policy.  When we have an increasing population, this is short sighted!  Hopefully, the National Planning Framework 4 on rural issues may address this.

  •        Kinross-shire area – removal of sight MU266 in Crook of Devon (Paras 2.53 & 2.54)

The reporters assessment acknowledges the existence of services in Crook of Devon but maintains there is significant local opposition to the allocation of the site and the historical context.  My evidence file would dispute this assessment and I would wonder why 4 local members who supported its inclusion would have done so if such opposition was ‘manifest’.  The separation between Drum and Crook of Devon referred no longer exists, having been compromised by PKC planning when they sanctioned the Crook Moss Gypsy Traveller site in October 2013 (I have 5 aerial photos of the site showing 8 potential pitches marked when only 5 are consented and conditions relating to drainage on a site within the Loch Leven catchment of questionable compliance).  This site was approved against the overwhelming opposition of the community and local members with no reference at any time to the landscape consultants assessment of the area.  This consultants assessment covered both MU266 and the location of Crook Moss.  The Fossoway Community Strategy Group, which included myself, changed their position in August 2015 regarding the land being suitable for development following PKC’s appalling decision to sanction the Crook Moss site.  The Reporter ignores all this evidence in their assessment and for me the greatest prominence at the eastern gateway to Crook of Devon is the Crook Moss ‘eyesore’ sanctioned by PKC but ignored at site inspection.

The reporter cites MU74 at Blairingone by comparison to MU266 but I would argue that sustainable planning would justify MU266 as more appropriate now for development.  Blairingone has ‘no services’ following the recent PKC decision to close its school (the only community building that remained) with PKC forward planning constantly negative about development interest.  Despite this, the Reporter favours development here rather than at Crook of Devon, and illogical position.

As regards the A977 mitigation measures currently planned, it is a stated fact that the available PKC budget for these does not meet the total capital cost assessed as desirable, so the clear possibility of a contribution from site MU266 is discounted incorrectly.

The generous affordable housing element of the site at 50% is a written guarantee and I think there is no possibility of securing same at the alternative smaller sites suggested. 

I note that PKC Strategic Housing Investment Plan to 2024/25 contains no provision for affordable housing in the rural villages of Kinross-shire!

For these reasons, I fundamentally disagree with the Reporters conclusions, based on incomplete evidence, regarding the assessment as an ‘opportunity lost’ for the community.

I did mention at the briefing, landscape policies but I have made a submission on supplementary guidance on the 12.09.19 and have received an assurance that consideration will be given to my request for a review of designations for Kinross-shire as part of that consultation. 

In summary, I would like my dissent recorded on adopting LDP2 in relation to the three matters I have outlined.

Filed Under: Planning and Environment

Proposed LDP2 Supplementary Guidance on Landscape

September 13, 2019 By Mike Barnacle

Letter to Peter Marshall, Brenda Murray & Robert Wills of the Planning Department at Perth & Kinross Council

Dear Colleagues

Proposed LDP2 Supplementary Guidance on Landscape

I refer to your email of 19 August 2019 regarding the start of consultation on the above, with comments required by 30 September 2019.  In the briefing note attached you state that, considering the short timeframe since adoption of guidance in 2015 on the application of Policy 37, a full review of Local Landscape Areas is not considered to be required.  I wish to challenge strongly this view, which does not take account of my previous representations made and which I am enclosing for referral.

I made clear in my email of 6 August 2019 on the LDP2 Examination Report that I maintain strong objection to LDP2 not containing a provision to review Local Landscape Area designations and their need for protection from inappropriate development.  I also stated this in my letter to Murray Lyle, Leader of the Minority Administration at Perth & Kinross Council, on Regional Parks in Scotland of June 2019.

I would, however, be content for this issue to be addressed under Supplementary Guidance, rather than at debate on LDP2 at Full Council on the 25 September 2019, if Perth & Kinross planning would commit to addressing the local landscape designations for Kinross-shire that are the subject of my representations to date.  

By way of brief summary on this matter I would ask you to note the following from the representations enclosed.

  1. The Kinross Area Local Plan 2004 included extensions to the AGLV’s to the shire’s hill and river borders after a hard-fought community campaign.
  • Between 2009 and Spring 2014, a period of five years, no progress was made in addressing the issue of the loss of AGLV’s and their replacement by Local Landscape Areas by Perth & Kinross Council and I sought participation in the Review Panel then.
  • Despite strong representation in 2014 from myself, Cleish and Fossoway Community Councils within the Review Panel, the consultants excluded from designation the former AGLV’s of Cleish Hills and Devon Gorge, despite strong evidence that they met most of the evaluation criteria for designation.
  • I remained highly critical of the consultant’s exercise in February 2016, especially ignoring cross-boundary designations.
  • Since March 2015, local members have been repeatedly blocked from getting a review of this flawed exercise and righting a clear wrong decision!
  • Between July 2017 and February 2018 I maintained objections to LDP2 if no review of landscape designations took place, also citing previous requests for the Ochil Hills to be considered for Regional Park status and to look at extending the Lomond Hills Park to Lochleven; this latter issue being mirrored by the draft Review enclosed in my letter to Murray Lyle of June 2019 afore-mentioned.
  • The need for Local Landscape Areas to be protected against inappropriate development does not seem to have been addressed by the Reporters Examinations of July 2019, which is very concerning when I had highlighted in August 2017 that the loss of the former AGLV’s of Cleish Hills and Devon Gorge from landscape designation suddenly resulted in them featuring as areas with highest capacity for windfarm development in Map 6.1 of Renewable Energy Supplementary Guidance.  I was alarmed by this prospect and maintain the strongest objection to it.

I would ask why is it necessary to review all local landscape designations if the only requests for a review relate to the exclusion of the former AGLV’s referred to?  Why also, do we need to use consultants for such an exercise, when we have expertise within Perth & Kinross Council on these issues?  I believe the case has been made for the Cleish Hills and Devon Gorge to be re-assessed and for the Regional Park issues afore-mentioned to be looked at within the Supplementary Guidance you are consulting on and I formally request that you do so.  Clarity on your position before 25 September 2019 would be helpful.

I remain

Yours sincerely

Cllr Michael Barnacle

Independent Member for Kinross-shire

Previous Background Correspondence

Spring 2014 Article on Landscape Designation – The Kinross-shire Experience

19 January 2015         Letter to Graham Esson re Draft Supplementary Guidance on Special Landscape Areas

23 March 2015            Letter/Email to members of Enterprise and Infrastructure Committee on Landscape Guidance

11 February 2016       Letter to Cleish and Fossoway Community Councils and Kinross Civic Trust re Supplementary Guidance for LDP1 and emerging LDP2 on Landscape

14 July 2017               Letter to Peter Marshall and Brenda Murray on LDP2 (re ER6 Landscape Designations)

31 August 2017          Letter to Peter Marshall and Brenda Murray re Renewable and Low Carbon Energy Supplementary Guidance

31 August 2017          Letter to Peter Marshall and Brenda Murray re LDP2 (re ER6 Landscape Designations)

2 February 2018         Letter to Brenda Murray and Peter Marshall re Proposed LDP2 (re Policy 31D and 37 on Spatial Framework for Wind Energy and Landscape)

21 February 2018       Email to Peter Marshall re Consultant’s study and need for review of Local Landscape Designations

18 February 2019       Email to Scottish Government Reporters Unit re background correspondence to Perth & Kinross Council LDP2 Representations forwarded to them re Policy 31D on Local Landscape Areas (Issue 14)

13 June 2019              Letter to Councillor Murray Lyle on Regional Parks in Scotland to which I have not received a response

6 August 2019             Email to Brenda Murray re LDP2 Examination Report Highlights (re Issue 14 A Low Carbon Place)      

Email Circulation:       Councillor Murray Lyle, Councillor Xander McDade, Councillor Callum Purves, Councillor Willie Robertson, Councillor Colin Stewart, Councillor Richard Watters

Email CC:

Kinross Civic Trust, Friends of the Ochils, John Mayhew APRS, Roseanna Cunningham MSP, Luke Graham MP, Cleish Community Council, Fossoway Community Council, Glenfarg Community Council, Kinross Community Council, Milnathort Community Council, Portmoak Community Council

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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