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      Community Council Minutes - December 2024
    • 3 Dec Minutes
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      Community Council Minutes - November 2024
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      Craighead Wind Farm Planning Application 24/01193/FLM -- Objection
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      Community Council Minutes - September 2024
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      Community Council Minutes - August 2024
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  • July
      Response to ECU00004654 Brunt Hill Wind Farm Planning Application – Objection
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      Community Council Minutes - June 2024
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      Community Council Minutes - May 2024
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      Community Council Minutes - April 2024
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  • March
      Fossoway Community Development Trust Website Now Live
    • 6 Mar News
    • Community Council Minutes - March 2024
    • 5 Mar Minutes
  • February
      Green Living Fund Voting Process
    • 13 Feb News
    • Community Council Minutes - February 2024
    • 6 Feb Minutes
  • January
      WIND FARM SURVEY REPORT 30TH JANUARY 2024
    • 31 Jan News
    • Results Of The Fossoway District Wind Farm Survey
    • 26 Jan News

Community Council Minutes - May 2024

Draft Minutes of Fossoway & District Community Council Meeting

Tuesday 7th May 2024 – 7.30pm, Crook of Devon Village Hall

Attending: Community Councillors (CCllrs) Sarah Bruce-Jones, Adrian Carter, Angus Cheape, Tony Lamb, Graham Pye and Nicola Marchant (Chair); Assoc CCllr Carol Farquhar; Perth & Kinross Councillor Dave Cuthbert and Richard Watters; 12 members of the public (MoP).

Apologies: Cllrs Neil Freshwater and William Robertson.

Declarations of Interest: None.

1. Community Police Report:

The Police have given their apologies. From 2nd April 2024 there have been approximately 31 calls to the Police from the Fossoway area and no crimes recorded on Police systems. There have been two crimes of note: on 16th April racially aggravated conduct, a youth was responsible and on 24th April possession of a Class B drug was detected. A 22 year old man was charged and remanded for committing a number of Housebreakings in the Kinross areas during October 2023. Community officers are aware of regular areas where there are complaints about speeding in and around Fossoway, and they will continue to make efforts to carry out speed checks across the area.

A local MoP reported that on the 5th May, two Seamab residents absconded - local residents are supposed to be notified when this happens, but they weren’t. [Also see AOCB]

2. Approval of minutes of the last meeting: The Minutes were approved without change and signed off.

3. Progress & matters arising:

Windfarms

CCllr Bruce-Jones attended the “Wind Farms in the Ochils” debate on 15th April – however the discussion was mostly about strategy for opposing wind farms in general rather than the current applications. A full report of the proceedings is in the May Kinross Newsletter.

CCllr Bruce-Jones had a very useful consultation with Planning Aid Scotland; one of their experts who had previously worked on a wind farm application in Ayrshire, has given us advice on how best to frame our responses to the upcoming applications. In all cases we should keep our response to consideration of planning matters which are material considerations as defined by Annex A of Planning Management Procedures. These will focus on Landscape and Visual Impact as the Ochils are a Local Landscape Area; peat destruction and environmental impact; loss of amenity in particular for local residents; access during construction and operation; biodiversity; flicker; noise and most importantly cumulative impact. Although Policy 11 of NPF4 is likely to be the key determinant the current PKC LDP3 is relevant and will also be considered.

Brunt Hill is a Section 36 application to be determined by Scottish Ministers and as we are not statutory consultees will need to respond directly to the Energy Consents Unit. We will also submit our opinions to PKC as they are Statutory Consultees and if the Council object the application will have to go to public review.

Craighead will submit their application in the first two weeks of June. We will ask for notification from the developers when they are submitting and for a copy of application so that we do not have to wait for validation by PKC and for its publication on the Planning Portal. As this is a Major Development and will be determined by PKC we will have a statutory right to respond.

Cllr Watters has asked the Scottish Government’s Energy Consent Unit how they intend to handle the three even though they are by different routes. Unfortunately he didn’t get a very convincing answer!

CCllr Marchant asked the Cllrs what the CC needs to do about getting time to review things since we’re not having a meeting in July, people will be on holiday, etc. Cllr Cuthbert replied that we can ask for an extension – however we don’t know how soon after submission the “clock starts”. What about the Section 36 application? As PKC is a statutory consultee it will be discussed at planning Committee, will we be allowed to speak at that? Cllr Cuthbert thinks we will, but the length of time allowed for MoPs to comment may be changing.

The CCs Sustainability Group has now signed a Memorandum of Understanding and has agreed that they will only deal with the Community Benefit element and will engage with all developers to ensure best outcomes for residents should any or all applications succeed. Community benefit will only arise once production starts, however we will look for some level of compensation for residents affected during the construction phase.

CCllr Bruce-Jones noted that the economics of domestic solar panels is very good now, so everyone ought to consider installing them. There was a discussion about whether the payments were ending, but it was thought not.

Community Development Trust

The Trust’s next meeting is on the 14th May in Moubray Village Hall, Powmill from 7 to 9pm. Non-members are welcome to attend. Cllr Cuthbert noted that the CAT on Blairingone School will be discussed on 16th May at the Kinrossshire Committee.

Road Safety in FDCC area including A977 mitigation measures

Cllr Cuthbert reported that the Roads teams are very busy with several new measures: country-wide roll-out of 20mph limits on urban roads, ban on pavement parking, mitigation measures required from the impact of the Tay Crossing road, etc., which may be why they are not responding to things very quickly.

Carnbo: No update.

A977 Mitigation - Past, Present & Future: The CC has reviewed all correspondence and discussions relating to this over the years. The CC will request PKC’s Roads Department to assess the impact of the measures that have been completed and bring this to the August meeting of the Kinrossshire Committee.

Drum Crossroads: CCllr Bruce-Jones has collated local opinion about the new signalisation at and sent a summary to PKC – most people think that the traffic hasn't slowed. However the main reason for the measures is to make the A977 less attractive to traffic. PKC have sent us the latest speed readings which show a small decrease. These were shared with MoP. Another concern has been the quick change in the lights making it extremely dangerous now for horse riders, who as road users are not permitted to use footpaths, to cross the A977.There are still some things to sort out once the speed limits have been changed, and another survey will be done. We still have some money in the A977 mitigation budget and we need to look across the whole area to decide what to spend it on – this can be done as part of creating Local Place Plans.

Community Speed Watch: The equipment is purchased and four volunteers are trained, but more volunteers are welcome to sign up – to avoid any problems with neighbours, volunteers would normally operate outside their own locality. PKC have confirmed that the CC’s Public Liability Insurance for volunteers will cover Fossoway residents volunteering in other CC areas and vice versa. A Liability Declaration has been signed.

Road Improvement Projects in Ward & Kinross-shire: A revised list of priorities for currently agreed and potential future road safety improvements has been submitted to PKC.

Fossoway area transport – 202 bus service & Community Bus

The 202 service is still late or not arriving – and seems to be getting worse. However the Glenfarg Community Transport group are about to put a proposal to PKC to take over the service – the service will use a smaller bus (16 people) and may take minor deviations to pick up people on request.

CCllr Lamb is also speaking to the developers of Whinstone Quarry about co-operating with the service to cover their site, both for staff and visitors, and in the longer term their support for a community outings bus. 

Crook Moss Travellers Site

CCllr Farquhar was due to meet with Tracey Ramsay (PKC’s Traveller Liaison Officer) on 19th April but this didn’t happen and now will be Friday 10th. Tracey is setting up a Gypsy Traveller’s Working Group, but although this is a good idea it’s been talked about for a long time and we need action now. CCllr Farquhar is intending to make contact with the travellers locally (CCllr Cheape will accompany her) to try and move things along.

Update of CC Website

Unfortunately, PKC are not able to fund the update of the CC website. The CC will seek alternative funding.

4. Matters arising with no update since last meeting: Power capacity in Fossoway District.

5. New Business:

Dog barking in Drum

A MoP had raised a concern regarding continuous dog barking in Drum. The CC had responded making the MoP aware of the PKC website for reporting this https://www.pkc.gov.uk/article/15300/Barking-dogs

Request for CC Associate Members

The CC is seeking additional associate members. Currently we have a very full agenda of topics including road safety; what next for the A977 mitigation plans; wind farm developments; community transport and we are about to start working with the Fossoway Community Development Trust on development of a Local Place Plan for input into LDP3, so we are looking for individuals to join us. If you are interested, please contact us on fossoway.cc@gmail.com.

King’s Portrait

We’ve received one – it will be offered to all the Community Halls.

6. Consultations

PKC

The Planning Users’ Forum requested CCs to provide views on the usefulness and frequency of future meetings. CCllr Marchant has replied that these meetings are extremely useful and should be regular events.

Scottish Government

Masterplan Consent Area regulations: proposed regulations on the procedures to prepare Masterplan Consent Areas, which will have expanded powers allowing planning authorities to take a place leadership role. Closes 22nd May 2024 – the CC will not respond as this is for a level above us.

Meeting our 30 by 30 biodiversity commitment on terrestrial and freshwater sites: seeks views on the legislative proposals to support the implementation of 30 by 30 (protect 30% of our land for nature by 2030.) The aim is to create flexibility around designated sites and increase proactive management of important areas for biodiversity. Closes on 24th May 2024. The CC will attempt to respond to this.

Draft Bioenergy Policy Statement: signals what the Scottish Government see as the short, medium and long term role for bioenergy in helping to deliver the transition to net zero by 2045. Closes on 12th June 2024.

7. Community Council Business – meetings attended

CCllr Bruce-Jones – 15th April: Wind Farms in Ochils; 18th April: CCs Sustainability Group; 20th April: Kinross Repair Café; 28th April: Crook of Devon Small Business event.

CCllr Lamb - 11th and 23rd April: meeting with Glenfarg community transport; 25th April: meeting with the Whinstone Quarry developers; 28th April: Muckhart Transport meeting with Glenfarg.

CCllr Marchant – 28th April: Crook of Devon Small Business event; 29th April: meeting with owner of Country Fabrics; 30th April: meeting with Chair of Muckhart CC to share experiences of working with CDT.

8. PKC Business – Councillors reports

Cllr Dave Cuthbert: Has been analysing the progress of planning applications that have been turned down. There have been 93 applications so far this year, 10 were refused, of which seven were appealed and only two of the appeals were upheld. He wonders if the appeal overrules are not properly reflecting local interest.

Richard Watters: Has visited the recycling processing plant. PKC’s contamination rate has dropped from 20% to 6%, so the product is better quality hence PKC get more money for it. Additionally landfill rubbish volumes have dropped also saving money for PKC. MoPs asked why some places in the CC area don’t get brown bins? Cllr Watters agreed to look into that.

PKC are conducting a trial of a new machine to fix potholes. CCllr Pye commented that if it’s the same machine that Fife have been using the fixes don’t last very long.

The Mobility Strategy will be out for consultation shortly.

9. Planning Matters

CCllr Marchant met with the owner of Country Fabrics who is considering relocating their business. Concept drawings for their proposed new store will be available as part of their 40 year celebration on the 12th May from 10am to 12pm. CCllr Marchant advised them that she could not give planning advice but that the owner could ask for time before a CC meeting to share their plans with the residents, however the CC would not comment. CCllr Marchant also recommended that they contact Planning Aid Scotland – they offer free planning advice.

Alleged non-compliance with Condition 12 of 07/02537/FUL

The results of the case officer’s investigation are as follows. It was brought to the attention of the Planning Authority that Condition 12 on planning permission 07/02537/FUL had not been complied with. This condition states that "The site shall be served by the existing private access which shall be provided with intervisible passing places at approximately 100m centres. The access shall be provided with a bitumenously bound surface to the satisfaction of the Planning Authority".

Information provided by the developer appears to show passing places in situ. Even if these have not been provided with a bitumenously bound surface, this requirement arguably goes beyond what is necessary in road safety terms and the Council does not consider any further enforcement action to be in the public interest.

We will not be investigating any further queries about the passing places at this private road.  It’s for the owners of the road to provide more or better passing places if they wish, but the 2007 planning permission won’t be used as a means of securing them.

CCllr Pye has inspected the site, and although there are a small number of passing places along the track, they are not inter-visible and are not constructed in a very substantial manner. Additionally the consent also included requirements to improve the visibility splay and construct passing places along the U223 neither of which has been implemented.

However this response from the Enforcement Team raises the issue that there seems little point in the Planners, possibly at the request of local residents and indeed this CC, imposing conditions on an application if they can be simply overturned by the Enforcement Team. Cllr Cuthbert agreed to investigate this issue.

23/01619/FLL Formation of access track, erection of stables, etc., at Easter Muirhead Farm, Blairingone, Dollar FK14 7ND

CCllr Pye had been contacted about this application which is pending decision, and has received seven objections including one from this CC. A neighbour had noticed a delivery of road constructing material to the site and contacted PKC Planning in case the application had been approved without them knowing – they were told that a decision was imminent, but it wasn’t going to Committee. This seemed at odds with the number of objections and raises the concern that the rule that any application receiving a CC objection must go to Committee was not being followed. Cllr Watters suggested that the only other explanation was that the Planners intended to refuse the application with delegated powers. Cllr Cuthbert agreed to investigate.

Scottish Water Response to Applications

While reviewing the above application CCllr Pye noted that, as seems to be the usual procedure, Scottish Water’s response to the application was that they had no infrastructure on the site and that the nearest mains water was 1.5km. It turns out that the property would indeed be supplied by Scottish Water through a private pipe that they neither own nor maintain, which is well known by local residents to be woefully undersized. It seems rather disingenuous of Scottish Water to allow the application to continue in this case. We have previously seen similar responses to sewage connections where applications have been approved and then Scottish Water is unable to provide capacity. It seems reasonable that Scottish Water should give an accurate answer at application time rather than simply saying that they will provide an answer when connection is requested.

Planning Applications

24/00566/FLL Extension to dwelling house at 18 Mill Gardens, Powmill, Dollar FK14 7LQ. No CC comment.

23/01224/FLL Erection of 29 dwelling houses and associated works (phase 1 - allocated site H53) at Land 80 metres northwest of Huize Baahock, Powmill, Dollar FK14 7NW.

The applicant has submitted revised landscaping and drainage proposals. The CC has already submitted a neutral comment and although we have been asked if we would like to make any further comments this doesn’t appear to necessary.

Planning Decisions

24/00366/FLL Erection of replacement garage with studio/gym, office and storage space at Acer House, Drum, Kinross KY13 0PR. The Application was approved; the CC had made no comment

10. Correspondence

Almost 100% of correspondence that the CC receives is via email, is verbal or via social media and the CC responds in like. Therefore, the CC is proposing to stop producing a paper copy listing all correspondence. All correspondence will now be held digitally. PKC support this decision.

11. AOCB

Seamab School: Local residents attended a meeting held by the builders of the new school. It’s planned that the new building will be constructed alongside the old, and local residents are concerned that the security of the old and new sites will be compromised – the local residents do not want the current building to be occupied during the construction. The announcement of that meeting was at very short notice, and the CC was not invited at all. The CC will write to the school and request a meeting to raise this issue. There are no predictions of the number of vehicle movements planned, and the access road and bridge is already in a very poor state with cracks in it.

Next Meeting Tuesday 4th June 7.30pm

Carnbo Village Hall

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