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EAST AYRSHIRE COUNCIL
LOCAL REVIEW BODY
MINUTES OF MEETING HELD ON FRIDAY 24 MAY 2013 AT 1135 HOURS IN
THE ROBERT BURNS ROOM, COUNCIL HEADQUARTERS,
LONDON ROAD, KILMARNOCK
PRESENT: Councillors Jim Roberts, Andrew Hershaw, Bobby McDill, David Shaw
and Billy Crawford.
ATTENDING: Marion Fergusson, Senior Planner; Craig Young, Team Leader Litigation and Advice; and Jennifer Morrison, Administrative Officer.
CHAIR: Councillor Jim Roberts, Chair.
APPLICATION NO 13/0012/LRB: CRONAN FARM, NEWMILNS (PLANNING
APPLICATION REF 12/0622/PP) (Item 5, Page 447, 12/17)
1.
Following an unaccompanied site visit attended by Councillors Jim Roberts, Andrew
Hershaw, Bobby McDill, David Shaw and Billy Crawford, Marion Fergusson, Senior
Planner, acting as Planning Adviser and Jennifer Morrison, Administrative Officer,
held prior to the meeting, Members then considered the application for the erection
of one wind turbine with a maximum blade tip height of up to 61 metres and a hub
height of 44.3 metres, with the formation of a new private access track, crane
hardstanding and an electricity sub-station at Cronan Farm, Newmilns.
The updated position statement; the Notice of Review submission including plans;
the Decision Notice; the Planning Officer’s Report of Handling; representations
received in relation to the original planning application; a cumulative Windfarm
Activity Plan; and suggested planning conditions were all circulated.
The following information which was submitted as part of the Notice of Review
submission was made available (a) on the Councillors’ Portal, (b) on the Council’s
website and (c) at the Local Review Body meeting:- (i) responses from interested
parties; (ii) supporting statement including Appendices 1-6; (iii) planning application;
and (iv) letter of 22 December 2011 from David Wilson, Senior Planner, to Arcus.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body considered the terms of the Decision Notice dated 29
January 2013, Report of Handling dated 29 January 2013, together with Notice of
Review dated 25 March 2013, as well as other supporting documents.
The Team Leader, Litigation and Advice reported that Policy ECON7 of the Ayrshire
Joint Structure Plan and Policy CS14 of the East Ayrshire Local Pan were not
relevant to the current application because they related to windfarm developments
which comprised of two or more wind turbines. They therefore did not apply to single
wind turbine applications. However, there were other relevant planning policies
contained within the Ayrshire Joint Structure Plan and East Ayrshire Local Plan 2010
which required to be considered, namely (a) Policies ECON6 and ENV1(A) and (D)
of the Ayrshire Joint Structure Plan and (b) Polices SD(i), (ii) and (iii), ENV15(i) and
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(vi), CS12(ii) and (iv), ENV16(i) and ENV17(iv) all of the East Ayrshire Local Plan
2010.
Having considered matters, the Local Review Body noted the application
assessment that had been carried out by the Case Officer within the Report of
Handling and having considered this assessment in light of the Notice of Review,
and supporting documentation, determined that in its view the proposed
development would be contrary to (a) Policies ECON6 and ENV1(A) and (D) of the
Ayrshire Joint Structure Plan and (b) Policies SD(i), (ii) and (iii), ENV15(i) and (vi),
CS12(ii) and (iv), ENV16(i) and ENV17(iv) all of the East Ayrshire Local Plan 2010,
and that the material considerations relevant to the application including those
referred to within the Notice of Review submission and supporting documentation did
not outweigh these Policies.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed.
APPLICATION NO 13/0009/LRB: WYNDS FARM, GALSTON
(PLANNING APPLICATION REF 12/0616/PP) (Item 3, Page 446, 12/17)
2.1 Declaration of Interest
Councillor David Shaw, declared a non-financial interest in respect of this Item and
Item 4 in terms of Paragraph 7.12 of the Councillors’ Code of Conduct and withdrew
from the meeting (rejoining the meeting after Item 4).
2.2 Consideration of Item
Following an unaccompanied site visit attended by Councillors Jim Roberts, Andrew
Hershaw, Bobby McDill and Billy Crawford, Marion Fergusson, Senior Planner,
acting as Planning Adviser and Jennifer Morrison, Administrative Officer, held prior
to the meeting, Members then considered the application for the erection of a single
wind turbine (225kw, 45.9m in height to tip) with temporary access track and a substation at Wynds Farm, Galston.
The updated position statement; the Notice of Review submission including
photomontages/plans; the Decision Notice; the Planning Officer’s Report of
Handling; representations received in relation to the original planning application;
and suggested planning conditions were all circulated. The following information
which was submitted as part of the Notice of Review submission was made available
(a) on the Councillors’ Portal, (b) on the Council’s website and (c) at the Local
Review Body meeting:- (i) Supporting Turbine Assessment; (ii) Technical Summary;
(iii) Noise Emission; and (iv) Memorandum dated 10 August 2012.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body considered the terms of the Decision Notice dated 19
December 2012, Report of Handling dated 19 December 2012, together with Notice
of Review dated 14 March 2013, as well as other supporting documents.
The Team Leader, Litigation and Advice reported that Policy ECON7 of the Ayrshire
Joint Structure Plan and Policy CS14 of the East Ayrshire Local Pan were not
relevant to the current application because they related to windfarm developments
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which comprised of two or more wind turbines. They therefore did not apply to single
wind turbine applications. However, there were other relevant planning policies
contained within the Ayrshire Joint Structure Plan and East Ayrshire Local Plan 2010
which required to be considered, namely (a) Policies ECON6 and ENV1 of the
Ayrshire Joint Structure Plan and (b) Polices SD(i), (ii) and (iii), CS12(ii) and (iv),
ENV16(i) and (ii) and ENV17(iv) all of the East Ayrshire Local Plan 2010.
Having considered matters, the Local Review Body noted the application
assessment that had been carried out by the Case Officer within the Report of
Handling and having considered this assessment in light of the Notice of Review,
and supporting documentation, determined that in its view the proposed
development would be contrary to (a) Policies ECON6 and ENV1 of the Ayrshire
Joint Structure Plan and (b) Polices SD(i), (ii) and (iii), CS12(ii) and (iv), ENV16(i)
and (ii) and ENV17(iv) all of the East Ayrshire Local Plan 2010, and that the material
considerations relevant to the application including those referred to within the Notice
of Review submission and supporting documentation did not outweigh these
Policies.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed.
PROCEDURE
3.
There was submitted and noted (circulated) a Procedure to be followed at the
meeting in respect of Agenda Items 4 and 5.
APPLICATION NO 13/0011/LRB: GARFIELD FARM, MAUCHLINE
(PLANNING APPLICATION REF 12/0594PP)
4.1 Declaration of Interest
Councillor David Shaw had declared a non-financial interest in respect of this item in
terms of Paragraph 7.12 of the Councillors’ Code of Conduct and had withdrawn
from the meeting at Item 2 in respect of which he had also declared a non financial
interest.
4.2 Consideration of Item
There was submitted a Position Statement (circulated) in respect of a review of the
case given that Officers under delegated authority had failed to give the applicant
notice of their decision within the period allowed for determination of the application,
in respect of the erection of a wind turbine with tip height of 74 metres, hub height of
50 metres and associated access, hard standing and control building at Garfield
Farm, Mauchline.
The Notice of Review submission; representations received in relation to the original
planning application; and suggested planning conditions were all circulated. The
following information which was submitted as part of the Notice of Review
submission was made available (a) on the Councillors’ Portal, (b) on the Council’s
website and (c) at the Local Review Body meeting:- (i) Environmental Statement; (ii)
Non Technical Summary; (iii) Planning Application Form; (iv) Environmental
Statement Figures 1.1 - 12.1; (v) Environmental Statement Appendices; and (vi)
Turbine Visualisations.
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The Team Leader, Litigation and Advice, explained that as this application had been
submitted on non-determination grounds, the legislation required that the Local
Review Body conduct the review within two months or the Authority shall have
deemed to refuse the application, and the applicant would have the right to appeal to
the Scottish Ministers. The Team Leader, Litigation and Advice stated that it was still
open to the Members to consider what routes they required to take to properly and
reasonably consider the application.
The Team Leader, Litigation and Advice further advised that the application which
was the subject of this Notice of Review was in respect of a wind turbine with tip
height of 74m, however, the Review Statement submitted suggested that the
applicant would be open to consider permission for a turbine of a lesser height of
54m. However, it was the advice of the Team Leader, Litigation and Advice, that the
Local Review Body required to deal with the proposal as it was before them as he
considered a turbine of a lesser height of 54m and the material which had been
submitted in support of this to be a material deviation from the original application.
Accordingly, the Local Review Body agreed to deal with the application on the basis
of the application for review of the wind turbine at a height of 74m.
The Local Review Body considered the Notice of Review submission dated 25
March 2013 and other supporting documents as well as the original representations
from interested parties.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body determined that in its view the proposal was detrimental to
visual amenity and furthermore, the Local Review Body were concerned about the
potential impact of shadow flicker on the amenity of nearby properties.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed.
Councillor David Shaw re-joined the meeting at this point.
.
APPLICATION NO 13/0016/LRB: WEST BELVEDERE FARM, GALSTON
(PLANNING APPLICATION REF 12/0849/PP)
5.
There was submitted a Position Statement (circulated) in respect of a request for a
review of the decision taken by Officers under delegated authority to refuse an
application for the removal of planning condition 2 (Restricting the Occupancy of
Dwellinghouse) of planning consent 99/0582/FL at West Belvedere Farm, Galston.
The Notice of Review submission; the Excerpt from the Notice of Review
submission; the Decision Notice; the Planning Officer’s Report of Handling; and
suggested planning conditions were all circulated.
5.1 Preliminary Matters
The Administrative Officer advised that the applicant’s Agent had submitted within
the Notice of Review submission, information which had not been before the
Appointed Officer at the time the application had been determined. This information
was not circulated to the Local Review Body prior to the consideration under Section
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43B of the Town and Country Planning (Scotland) Act 1997, as amended. The
Administrative Officer also advised that in terms of Section 43B of the Town and
Country Planning (Scotland) Act, 1997, as amended, a party to the Local Review
Body proceedings should not raise any matter which was not before the Appointed
Officer at the time the determination under review was made, unless that party can
demonstrate (a) that the matter could not have been raised before that time, or (b)
not being raised before that time was the consequence of exceptional
circumstances.
The Administrative Officer then advised that the applicant’s Agent had confirmed
within the review statement the reasons why the new information had not been
before the Appointed Officer at the time the planning application was determined,
and that these reasons were outlined for the Local Review Body in the Excerpt from
the Notice of Review submission.
Further, the Administrative Officer advised that it was now for the Local Review Body
to determine whether to accept the new information contained within the review
statement as part of the Notice of Review, and, if accepted, the new information
which comprised four letters of support would then be submitted to East Ayrshire
Council’s Planning and Economic Development Service, for further comment.
The Administrative Officer also advised that the applicant’s Agent had also now
raised the matter of a potential interested party who had not been identified as such
by the Planning Division and it was agreed that the Head of Democratic Services
check the validity of the interested party and, if appropriate, consult them on the
Notice of Review submission as required by the legislation.
5.2 Decision
The Local Review Body agreed:(i)
to accept the new information identified by the applicant’s Agent in the Notice
of Review submission which comprised four letters of support, given the
reasons put forward by the applicant’s Agent;
(ii)
that this new information would now be submitted to East Ayrshire Council’s
Planning and Economic Development’s Service for further comment;
(iii)
to note that the Head of Democratic Services would check the validity of the
interested party as raised by the applicant’s Agent and, if appropriate, consult
them on the Notice of Review submission and thereafter submit any response
to the Head of Planning and Economic Development for further comment;
(iv)
to make an unaccompanied inspection of the land comprising the application
site; and
(v)
following completion of the further procedure, referred to at (ii), (iii) and (iv)
above, to continue the review to a future meeting, for consideration.
The meeting terminated at 1245 hours.