The following correspondence from Mike Barnacle is in relation to breach of conditions at Crook Moss.
Dear Colleagues,
Meeting of Committee 18/3/15 Application 5(3) (iv) Report on Breach of Conditions at Crook Moss Gypsy/Traveller Site
The local members asked for this Enforcement Report to be brought to your attention because of our continuing concerns about the failure of the applicants to comply with conditions set, the extension of deadlines to meet same and lack of enforcement action.
Members will recall the opposition of local members and the community to the recommendation for approval at Committee on 1/8/12, particularly in relation to policies on drainage within the Lochleven Catchment, landscape assessment, residential amenity (noise) and proximity to the settlement boundary of Crook of Devon.
The Committee deferred a decision for more information and on 9/10/13 you chose to ignore the level of community objection and that of local members which continued, granting approval, subject to 17 conditions. The agent for the applicant gave assurances his client would meet these within three months at Committee!
In summary, the applicants have been on this site, within the Lochleven Catchment, since March 2012. Whilst I recognise that enforcement is a discretionary power, I note that a top priority for same are breaches of planning control on matters of environmental importance on protected environments (policy EP7 on drainage within the Lochleven Catchment Area), along with impact on public and residential amenity. The conditions that the Committee set in October 2013 were necessary to mitigate the effects of this planning approval on the reasons put forward in objection.
In relation to drainage and water supply, Conditions 2, 9-11, 14, 16 & 17 have not been met and there is no early prospect of connection to mains water, according to Scottish Water. To hold these in abeyance, whilst the applicant continues to ‘prevaricate’ regarding a CAR licence for a single treatment system for the plots consented or 5 separate ones, is indefensible. Furthermore, it appears there are no portable toilet facilities on site and the authorities say they can do nothing to assist within legislation. I find this completely unacceptable!
In relation to the landscape assessment of this site, the planning reports have always omitted reference to the Landscape Capacity Study commissioned by PKC in order to assist formulating a long-term development strategy for the Fossoway villages (Para 7.1.12 of our LDP), which stated that this site was not appropriate for development. Planning condition 15 was put in to screen the site under Policy RD5B (b) and has not been met; in fact the site fencing is down and the embankment covered in litter; quite frankly, it’s an eyesore!
The Residential amenity of the settled community near this site in terms of noise from generators and visual impact has been affected. Conditions 2,9,12 & 13 have not been met. The Report refers erroneously to verification of a breach of condition, linking conditions 12 & 13 but I suggest the number of complaints that have been made justify enforcement action now!
Finally, the so-called hardcore ‘paddock area’ was being used for a caravan last week and I suggest fears of site expansion voiced at application stage are well founded, so would dispute that Condition 8 has been met.
In conclusion, I maintained at application stage that this site was not appropriate for development in planning terms and I was not convinced that the raft of conditions applied to consent would be met in the timescales set and assured; unfortunately, this has proved to be the case and I certainly don’t feel that PKC and its partners in the planning protocol for applications in the Lochleven Catchment are protecting the loch (policy EP7 of our LDP) with their current approach; so, unless the Committee can feel able to put some binding timescales for condition compliance and subsequent enforcement on the applicant and PKC planning, I suggest strongly it is time to review this permission and consider its revocation!
Kind Regards,
Cllr Mike Barnacle
Independent Member for Kinross-shire
P.S. I will put some background papers in support of the above in your pigeon holes on Monday viz:-
- Letter of objection from SEPA of 1/5/12
- My memo to Committee colleagues of 30/7/12 on location of site and settlement boundaries, etc.
- My letter of 17/11/14 to Nick Brian & Peter Marshall re establishment of gypsy/traveller sites within Lochleven Catchment.
- E-mail from SEPA of 10/12/14 re Lochleven Planning Protocol.
- My e-mail of 11/2/15 to SEPA re clarification on drainage arrangements for Crook Moss site.