Residents Objection – Dawn Homes Development

Dear Sir

Further to my extension request below and consultation with professional planning consultants on the above application I wish to make the following objections:

1.  The application as it stands is invalid on the grounds that it is founded on the wrong basis.  Policy RES 3 requires that any application must comply with the approved Development Brief.  For reasons unknown, this application is based on an early draft and not the final document as approved by NAC on 9 August 2011.

The Agents have been working to a draft version and therefore their proposals do not reflect the views and decision of elected members on the Planning Committee in August 2011.

The Brief provided to me by the Agents is dated November 2010, as evidenced in both the Planning and Design Statements,  while the final brief incorporating 20 Council approved amendments is dated September 2011.

You will recall that although RES 3 requires the Brief to be prepared by NAC a decision was made by officers to allow Dawn Homes to prepare the Brief. The fact that Dawn’s Agents are not even using the correct document is beyond comprehension.

Do you agree that NAC should request the withdrawal of this  application?

2. The application as is stands is invalid since it does not conform with RES 3 given that not all the required information accompanies the application.

Paragraph 9.1 of the Brief ( Sept 2011) lists the required information and the attached note provides a summary of the serious omissions and inadequacies with the information submitted.  Without meeting these basic requirements, a proper and competent determination can not be made and the application should be withdrawn on this basis.

Do you agree that NAC should request the withdrawal of this  application?

3. To comply fully with RES 3, Fairlie Castle and existing setting requires to be fully assessed in line with HES’s published guidance.  HES advise that to be effective, such an assessment should be undertaken prior to the development of proposals in order that the findings ” inform the nature of the development”.

No such assessment has been made and the proposals do therefore not comply with the approved Development Brief and therefore would breach Council policy. The submitted application should be regarded as pre-mature until this material assessment has been made in line with approved guidance.

Do you agree that NAC should request the withdrawal of this  application?

4.  The proposed layout of the development includes several houses within the ” non development buffer” as shown in the approved Development Brief. The buffer zone according to the Brief is designed “to protect the Castle and existing setting”. This material non-conformity breaches RES 3 and is a basis for refusing this application.

Please not that I have copied this to ward members, FCC, and that I now wish, via FOI, to request a copy of all communications between NAC, Dawn Homes and Hypostyle on this site’s development since start September 2011.  

In conclusion, I would ask that you acknowledge receipt of this email by return, respond to the questions raised and please keep me advised of any subsequent changes to the application as submitted.

Finally, I wish to reserve my right to submit further representations on this application as required.

Best regards.

M Donnelly


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