Fossoway & District Community Council Minute of Special Meeting

Minute of Special Meeting
Held at 7.03pm on Thursday 12 April 2012
in Crook of Devon Institute

Attending: S Morrison, A Lavery, K Borthwick, A Cheape, R Patterson, Cllr M Barnacle, 38 members of the public

Apologies: T Duffy-Wigman, S Anderson, Cllr W Robertson, Cllr K Baird, G Brown, H Brown

The Chair opened the meeting and welcomed everyone to the Special Meeting which had been convened to consider one topic – Planning Application Number 12/00546/FUL.

The format of the meeting was as follows:

1. Report by Chair on action to date
2. Alistair Lavery to deal with technical planning matters and how to object or support the application
3. Cllr Barnacle to add his views and comment on the CC’s approach
4. Questions from the floor

1. Report by the Chair - Action to Date

The CC had sent an initial letter pointing out the site was outwith the Village Plan. The CC had now submitted a formal objection which Alistair would go over.

The CC had requested a member of Planning be present at the meeting but they had declined as it was not policy …. to enter into public discussions on a live application. The CC had accepted this position. However, Nick Brian had been helpful in finding out answers to some local questions:-

• The Council had not provided portaloos for the site.
• In the event that planning was given and children resided on the site, they would be treated the same as any other resident in terms of schooling, no priority being given.
• If permission was given the Council gives no guarantee on connection to mains drainage. This was a matter for Scottish Water. There was currently a queue to get onto the new Drum system. If they were not connected they would use Klargester Bio Disc Treatment Plant which would have to show a 125% net improvement.
The Council’s approach was to deal with this under the Planning process because if it was refused the appeal would be within the Council. Using other means would have meant involving external agencies.

The Council had reacted very promptly and had visited the site on the Monday after the people moved in at the weekend. The Chair thanked Cllr Robertson for his prompt assistance in the matter.

2. Planning Matters

Alistair explained that the CC had objected on a number of grounds. It was contrary to Policy 81 of the Kinross Area Plan and policies RD5 a,d,f of the proposed PKC Local Development Plan.

He went on to explain that the main grounds for objection were:-

1. It was outwith the settlement boundary both existing and proposed for Crook of Devon.
2. The site had previously been a village tip and was therefore liable to have contamination of various sorts.
3. Foul water – the Drum Treatment Plant currently has a waiting list. If a bio disc system is used it would have to show net gain which means other houses have to give up using plant or not proceed with applications. The fields on both sides flood and a cottage currently has to be sandbagged in periods of heavy rain because of water from this area. Even if foul water were connected there is still the question of surface water and extra flooding. The area is in Loch Leven catchment and this development would have an effect on water quality.
4. There are already sites at Greenacres and Gairneybridge and a Council one at Abernethy therefore any further provision would be excessive within such a short radius.
5. There is considerable visual impact on approaches from the north and east which comes under the policy on amenity and visibility.
6. Crook of Devon Moss is listed as a wildlife site by SNH.

There was considerable discussion on these items and a member of the public felt that if the water was treated there would be no real issue but this ignored the flood risk point.

3. Cllr Barnacle

Cllr Barnacle agreed with the summary of what had happened and the Planning points. He pointed out that it was a very professional application and would be difficult to deal with particularly as one of the people owned the site. He had taken up issues with the Council regarding Greenacres, in particular the way the site had grown. He was very concerned that these things started small but grew totally out of proportion and in some cases developed into actual houses.

There was further extensive discussion on all aspects and some other general points arose:-

1. There was considerable feeling that no-one whoever they were should be able to flout the Planning laws and commence development outwith permission
2. How had common land been transferred to private ownership? Did the Council who apparently sold it into private ownership have a title to the land? Did the Council consult all the local householders who had rights over the land before selling the land?
3. Why was there a policy of only counting one objection if there were two from the same household? The subsequent answer was that this only applied in the six objection rule for going to Committee – i.e. there are only 6 objections but if two were from the same household then only one would count. In all other cases the two objections would count.
4. Objections should not be made on the basis that the applicants were travellers. They should only be on valid planning matters.
5. The CC was asked why they did not supply a draft letter for people to use to object. The reply was that it was not the CC’s role to influence whether local people objected or no. It was up to individuals to decide themselves. The CC would of course represent the Community’s views in an appropriate manner.