The following letter was sent to Nick Brian (Development Quality Manager) on 11 May 2016.
Dear Nick
Chalet Development, West of Braehead Farm, Rumbling Bridge
Concerns have been expressed to me regarding the development of the above site and the adherence to conditions attached thereto.
The site was approved by Clackmannanshire Council in November 1989 (89/00384/DD) for 15 chalets and a tree planting scheme, subject to conditions in the form of a Section 50 (now 75) agreement. It appears the planning file was misplaced following boundary changes, along with the legal agreement (apparently now discharged per the developer). You may also recall that the site was acquired by Thomson Homes in 2007 and in 2011 a proposal for 30 houses was withdrawn following opposition from the community and myself (11/0018/PAN).
In June 2012, your Department recommended approval of 13 houses and landscaping, presented as a partial change of use of the existing chalet development. I was against this, along with Fossoway Community Council who argued unsuccessfully that the application should be treated as a new development. The Committee granted permission in September 2012 (12/00807/FLL) but it was never proceeded with and the site re-sold to the current chalet site owners.
The main concerns lie around the loss of the file, legal agreement and discharge, but more significantly the fact that the chalets are now being built and advertised as permanent dwellings when neither the local members nor planning committee have sanctioned such a course; officials of PKC seemingly having taken it upon themselves to make that decision.
I would appreciate your comments and attach some background correspondence.
Kind regards.
Yours sincerely
Cllr Michael Barnacle
Independent Member for Kinross-shire
PS Another concern, raised previously with the Planning MOWG, is the continuing shredding of planning documents relating to extant planning decisions, undermining the ability of the Enforcement Officer to carry out his duties properly.
cc Eddie Jordan, Fossoway Community Council