FCC Minutes 05/12/16

Fairlie Community Council Minutes 05.12.2016 (To be approved 09/01/2017)

  • Present: Rita Holmes, Karla Tully, Ian Hunter, Marco Priva, David Telford, Joan Downie, Callum Corral (press), Alan Hill (NAC Councillor), Tom Marshall (NAC Councillor), PC Dominic Murphy (Community Policing team) and 17 members of the public.
  • Apologies: Kenneth Gibson (MSP)
  • Police update

PC DM. 18 incidents in November 2016 in Fairlie (24 last year). 6 incidents related to an on going neighbour dispute. Most of rest related to A78 traffic lights ; M.O.P reported blue BMW which persistently runs red light. DM to check how followed up.

Traffic Lights: Police still not heard from Transport Scotland re: statistics or possibility of converting to enforcement cameras.

  • SSE Presentation RE: Hunterston Offshore Wind Turbine Facility: Pauline Allinson – Project Liaison Manager (Summary presentation on FCC website)

Key points raised by those present:

  1. Scottish Government (SNP) Policy does not advocate windturbines as principle renewable energy source?

PA responded that funding is received from Scottish Government.

  1. SSE Social finding allocates £50K across three local communities; MOP suggested that app £800K per KW potentially, (£millions generated even though not fully commissioned?), and asked for a more representative contribution of permission granted. PA to look in to.
  2. Light pollution increased. PA stated turbines site does not produce light. Likely to be Hunterston Power Station and Peelport.
  3. Concerns that planning permission should still allow for review of change of use of any part of the site whilst operational , and that a generic or blanket permission is not granted.
  4. On request from TM (NAC), SSE committed to submit planning application after Christmas to allow all interested parties reasonable time to respond.
  5. MOP believes that permission only granted previously as NAC Chair was pro wind power and that locals were always concerned that the 5 years would always be manipulated. PA assured those present that the site was for testing and training only and application was not for a generation site.
  6. Environmental impact and health impacts of infra sound a real concern especially as these are the biggest turbines on land world wide; residents complaining of dizziness. SSE have commissioned a recent independent acoustic survey; results January 2017.
  7. Have SSE considered impact on marine life? Ask for an environmental impact assessment that looks at

whole area – land and sea.

  1. When will full noise survey be made as turbines are not at full capacity? Concerns that SSE are not really taking locals’ concerns seriously.
  • Fatal Accident Inquiry

KG pressing that village can be represented by FCC. Likely that Sheriff will not permit. 9th January 2017 at Kilmarnock Sheriff’s Court.

  • Dawn Homes

       Principle concerns raised:

  1. Temporary school path does not seem to be at route stipulated.
  2. No trees and hedges to be destroyed unless absolutely necessary, yet DH are not demonstrating this         commitment. Tree preservation order (TPO) to be applied for.
  3. School capacity?            NAC are confident they have capacity. AH to discuss with education department.
  4. Conditions in Local Development Plan 2014. Are they being met re: Trust and other funding streams?
  5. Environmental pollution risks; Keppen Burn and drainage risks to roads and beach.

KST to prepare report of all concerns and issues to raose on belf of Fairlie for next meeting. (See draft on FCC website).

AH to arrange a meeting with NAC Planning regarding Dawn Homes and Fairlie Castle concerns in January 2017.

7)               Cunninghame Housing Association : Affordable Housing Application

            CHA stated that they would only put planning application in if local community were in agreement, yet               concerns raised were not recognised by CHA.

FCC to put in objection to application on behalf of community once application submitted. (See FCC             website for full document.)

8)             Village Inn

Separate group to be formed with AH as Chair to look at community options.

9)             Clyde Marine Mammal Project: David Nairn

David presented the scope and purposes of the project which is based in Fairlie and gives locals an opportunity to get involved in the surveying of marine wildlife and the environment.

Highlights from the presentation were:

  • This is a unique marine environment whose diversity has not been well surveyed or documented.
  • Local area has one of the highest porpoise population densities in the world.
  • Recent sightings of minke whales, basking sharks, three species of dolphins. The website has detailed species sighting maps.
  • Special area of conservation from our shoreline.
  • Dolphins and porpoises are European protected animals
  • Opportunity for members of the community to get involved.

This is a great local project we should all at least know about and support.

Contact David on ‘david.nairn@clydemarinemammalproject.org‘ and website http://www.clydemarinemammalproject.org/

            10)             AOB

  1. Island Outside Filling Station : Will it be replaced?   RH to contact NAC Planning and ask

Next meeting: 9th January 2017, 7.30 pm in Semple Centre.

Feedback following Dawn Homes Phase 2 ‘Consultation’ (Draft)

Fairlie Community Council (FCC) Feedback following Dawn Homes Phase 2 ‘Consultation’ (Draft)

The Phase 2 ‘open event’ was held in the Fairlie Village Hall on the 28th November 2016.

Fairlie residents attended the session and fed back the following observations and concerns at the subsequent FCC meeting on the 5th December 2016.
Issues discussed which FCC are seeking further details and remedies for on behalf of Fairlie residents are:

1. SUDS pond and site drainage.
Whilst FCC recognise that the HSE have inspected the pond and stated it as adequate and sufficiently protected by fencing, signage and buoyancy aids, local residents remain concerned.
The flooding that occurred late 2015 and early 2016 caused a real safety hazard to traffic and adversely impacted local businesses.
Residents fed back that:
I. The SUDs pond presents an eye sore.
II. The SUDs pond is a potential magnet to children due to it’s accessibility.
III. Excessive flooding is still occurring below the site on both the A78 and through streets and gardens towards the shoreline.
IV. Red silt and contaminants from the site have been recorded washing in to the sea in front of Allanton Park Terrace (Pier Road). This is a sensitive environmental shoreline and such debris could have a detrimental effect on the seabed flora and fauna, and thus bird-life.
Phase 2 is a much bigger development and residents are concerned that the drainage issues will be even worse and more widespread than already experienced. Due to the width of the site this could potentially result in debris, sludge and water running downhill towards the beach at new locations currently unaffected.
What are Dawn Homes putting in place to prevent the village’s unique environment and shoreline from suffering further detriment?
What provisions have been, or will definitely be, put in place to prevent further A78 flooding, including any collaborative projects (with Transport Scotland and Railways) under discussion.
SEPA have been contacted by residents and FCC re: Keppen Burn pollution and subsequent runoff on to the beach and in to the Clyde. SEPA instructed Dawn Homes that the pollution needed to stop and alterations to the SUDs pond needed to be made by 23/12/2016. FCC are still awaiting an update from SEPA and Dawn Homes as of 06/01/2017 that these actions have been satisfactorily completed.

2. Temporary School path.
A planning condition for Phase 1, of a lit , surfaced path providing access to the school avoiding A78 was to be built ahead of any homes being occupied. This condition has not been met, and a tempoaray path which takes young children past and through a building site has been proposed as an alternative. FCC ask why this condition has not been met, and that Dawn Homes construct the path before homes are occupied.

3. Vehicle Access to A78.
This road is frequently congested at commuting times, and the safety traffic island opposite the Dawn Homes site has recently been removed making it difficult and hazardous to cross the A78
Residents are concerned that traffic management measures are inadequate.
Will traffic lights or similar to be put in place on the A78 near the site junction?
Will Dawn Homes give written assurance that the emergency access route proposed for phase 2 will never be opened for residents’ use, as Glen Road, School Brae and Castle Park Drive do not have the capacity for additional traffic.
FCC contacted Transport Scotland who responded “The design plan includes recommendations for a new right turning lane on the A78 trunk road at the junction with the housing development. The inclusion of a right turning lane is standard design practise with a development of this size, to minimise traffic congestion by removing queuing traffic on the trunk road and also maintaining a level of safety for right turning vehicles.”

4. Ladies’ Walk at the east boundary of the site.
Dawn Homes have assured FCC that closest houses would be 15 to 17 metres from the site boundary, which is at least 2 metres in front of the raised path wall.
Again, will Dawn Homes and NAC given absolute assurances that these trees and the path will be protected from new residents being able to successfully request any tree felling on Ladies Walk once they have moved in.
A Tree Preservation Order application has now been applied for on behalf of the Community, and NAC Planning Department have acknowledged the concerns and contacted Dawn Homes.

5. Lack of Affordable Housing.
Residents question why such a large housing development, which constitutes approximately a 25% increase of homes in the village, does not include any affordable homes as the per the NAC Development Plan?
FCC have included this in the objection to the Cunninghame Housing Application (adjacent to Bowling Club).

6. Management of a construction site whilst occupied.
Residents believe that all construction and associated activity has to be completed without public access.
We therefore require a full explanation as to how Dawn Homes intend to manage phase 2 whilst phase 1 is already occupied, and indeed whether homes will be occupied whilst hazardous building is still taking place in their vicinity.

7. Further environmental issues.
Residents are disappointed that:
I. The house designs are not fitting for a village rural setting, and will make this area of the village look like any other ‘commuter belt’ urban housing development.
II. There is a clear lack of any eco-energy efficient or indeed energy generation measures in the house designs.
What environmental issues, other than those stipulated by law, did Dawn Homes consider when designing this housing development? Surely new homes at these prices should be energy neutral?
III. Destruction of trees and eye sore soil mounds on later phase areas?

8. Lack of village Infrastructure
Fairlie village already lacks sufficient infrastructure, such as primary school capacity, a village shop, pub and post office.
There is a play park in place, alongside tired tennis courts in the centre of village. Both need updating.
Residents question why a new play area in close proximity to the current provision is necessary, and would like Dawn Homes to consider contributing to current village amenities.
Are Dawn Homes prepared to assist local residents in Establishing local businesses to meet the community’s needs?

9. Pedestrian access to south of Fairlie
The original planning conditions required access at the south end of the site to enable residents to walk to the railway station. This is bot clear on the plans presented on the 28th December 2016, so FCC request more detailed drawings to demonstrate that this Has been sufficiently planned for.

10. Phase 2 drawings detail.
Green areas are shown on the drawings, yet there is no explanation as to how these green areas are to be used or maintained.
Please provide this detail.

11. NAC Local Development Plan (May 2014) Conditions
FCC remain concerned that these conditions are met before building of phase 2 commences, and that there is clear transparency on :
“4. The developer can demonstrate that sufficient financial assistance is not available from any other source;
5. The extent of any new build while restricted to the minimum necessary to facilitate the restoration of Kelburn Castle and the appropriate enhancement of Kelburn Country Centre occupies the whole site with any additional funds arising being channelled to a maintenance trust;
6. Open book accounting on both land and development sales which would allow for a reasonable developer’s profit only (indicatively 12% as advised by Historic Scotland) with all other proceeds being channelled to the development to be enabled;
9.Evidence of a trust or other legal arrangement ensuring that all monies from the development will be used for the restoration and subsequent maintenance of Kelburn Castle and improvements to the Country Centre and for no other purpose. “
FCC are aware that a Trust has been set up and despite requests for an update from the NAC Councillor (Alec Gallagher) on the Trust thus has not bee forthcoming. David Boyle , Earl of Galsgow also seems to be a Trust member; surely all Trustees should be independent?
10. Details of ‘Phasing’ applications
Key question – what is ‘phase 2 exactly, and when will planning application be submitted?
Updated 06.01.2017 KST

Response to Planning Application 16/01176/PP from Cunninghame Housing Association (CHA)

To: Mr James Miller, Head of Planning
cc: Mr Ross Middleton, Senior Planning Officer

Fairlie Community Council: Response to Planning Application 16/01176/PP from Cunninghame Housing Association (CHA)

Fairlie Community Council object to the planning application based on the following, after listening to the views of Fairlie residents:

Material Considerations:

  1. Proposed location is not in the North Ayrshire Local Development Plan 2014 (LDP):

The proposed plot is shown in the 2014 LDP as designated ‘countryside’, and thus the proposed development is contrary to Policy ENV2:Housing Development in the Countryside as it does not meet any of the criteria which would justify housing on the site.

The 2014 LDP “9.5. In terms of the natural environment, aims to: ·

  • Protect and enhance all areas of nature conservation value; ·
  • Support development in the countryside which has a specific locational need; ·
  • Increase recreational use of the coast and countryside; ·
  • Improve the perception, quality and range of recreational and tourism facilities in the area”.

FCC do not accept that this proposed development will achieve any of the LDP aims regarding ‘Natural Environment’ and specifically contradicts the four aims directly quoted above.

  1. Cunningham Housing Association’s argument that affordable homes are required in Fairlie:

The applicant has made no case that there is any specific locational need for housing of any type on this site, and has not demonstrated that there aren’t other sites within the Fairlie Village boundary on which affordable housing could be provided. FCC ask that Dawn Homes, who are currently finalising their detailed phase 2 planning application, should incorporate affordable housing in their plan should such a need be identified as an exception to the current LDP.

  1. Fairlie Village Infrastructure

Fairlie Primary School is also anticipating a considerable increase in demand from new residents on the Dawn Homes development, and current residents are concerned that there will be insufficient capacity for pre-school children already living in, or about to move to Fairlie. FCC ask that NAC consult their Education department regarding the projected demand and capacity of Fairlie Primary School.

Residents question whether the current sewage works will be able to service the increase in homes.

FCC question whether the lack of village facilities such as local GP, post office, village shop or public house, makes the development of any additional homes appropriate in Fairlie.

  1. Risk of Ribbon development.

FCC refer to a NAC precedent when a planning application was denied at the NAC’s ‘Local Review Body 20 January 2016’, ( Item 3. Notice of Review: N/15/00446/PP: Site to the North of Seaview Caravan Park, Ardrossan Road, Seamill, West Kilbride), because “the proposal would result in sporadic ribbon development and add to the coalescence with the built up area of Seamill, which would have an adverse visual impact on the character, appearance and amenity of this area of undeveloped coast.”

This would be exactly the case for Fairlie, adversely affecting the surrounding countryside, if this site were to go ahead.

The green space between Fairlie and Largs enables Fairlie to maintain it’s unique character and environment. Residents are concerned that any development in this space will ultimately lead to the loss of both, and lead to ‘ribbon development’ along the coast towards the north.

It is also clear from the ‘Proposed site plan and landscape plan’, that the development has been designed to enable further housing to be easily constructed in the adjacent field to the north of the site.

  1. Risk of increased flooding and detrimental environmental impacts.

This site is shown on the SEPA flood map as being at risk.

Fairlie residents are concerned that the increase in flooding and silt debris resulting from the nearby Dawn Homes development will be exacerbated by further housing.

NAC Planning have also indicated in their planning documents on the ‘SEPA checklist’ that “the planning authority is specifically seeking flood risk advice”. FCC request that a full assessment taking the impact of both the ‘Dawn Homes’ completed and proposed site, and this proposed development, is carried out as a matter of priority.

Re-direction of run-off water into local burns, including an increase in animal waste and farming by-products could have an adverse affect on the bio-diversity in the burns, natural coastal areas, and marine eco-systems.   FCC therefore ask how have potential adverse environmental impacts been assessed for this proposed development?

Other Issues regarding the application on which FCC request a response from NAC Planning:

  1. The limited consultation and timing of the planning application.

FCC and Fairlie residents were extremely disappointed with the lack of publicity and direct approach to potentially impacted homes in the vicinity.

FCC were given less than one week’s notice of the consultation event, so publicised the event on their website and the Fairlie facebook page. Despite this very short notice and few public notices, FCC directly observed that this event was well attended. FCC and residents are therefore surprised that there is no record of the feedback from Fairlie residents included in any of the planning application documents, as CHA expressed their commitment to listen to the Fairlie residents when the FCC Chair was notified of the event.

It is also noted that the planning application has been submitted just before Christmas. Is the applicant hoping that other priorities and holiday commitments may restrict interested parties, and individual residents from giving the application full attention in the time frame required?

  1. CHA and RDK’s attitude to the NAC LDP and planning process.

FCC note that CHA are claiming in their planning application that Lynne Richardson [LR], Development and Strategy Manager, North Ayrshire Council, was quoted in an email from Lynn Anderson of CHA to a RDK employee, as saying, “The one change was Fairlie where [LR], said Corporate did not want to include in the SHIP table at the moment because it’s contrary to the local plan. [LR] was at pains to assure me [Linda Anderson of CHA], that once the site had obtained Planning consent, they [LR], would take a special report to Cabinet to add into table 1 of the SHIP.”

This suggests that neither CHA, RDK or certain NAC officers respect the planning processes and believe that these can indeed be worked around.

  1. A78 Road Infrastructure and Congestion

The Dawn Homes Housing development with approximately 120 more homes has already commenced within ¼ mile of the CHA proposed site.

Residents have raised concerns regarding A78 congestion and road safety since the fatal accident in 2012. NAC have previously recognised these concerns and supported the development of alternative pedestrian routes and the introduction of speed sensitive road traffic lights to reduce the risk to residents.

FCC and residents do not believe that the A78 is currently safe, and that the risk to pedestrians will increase as the A78 becomes more congested.

The Fairlie Bowling Club Car Park already has inadequate capacity for its events, and it will be reduced if this development goes ahead, and indeed may be used by new residents as an ‘overflow or visitors’ car park. There is no additional parking available nearby and finding alternative parking adjacent to such a busy trunk road is clearly a risk to those concerned.

The 30 mph speed zone currently ends near the Bowling Club for northbound traffic; the start of a national speed limit presents an additional risk if the junction is regularly used. This also raises the question as to the appropriate location of the speed limit and village boundary should this development be approved against villagers’ wishes.

The coastal cycle path also restarts at the Bowling Club car park, putting cyclists at additional risk.

FCC objects to this development but requests that should this objection be ignored CHA/RDK provide a pedestrian bridge or similar road safety provision, particularly as Fairlie Primary School and play areas are on the opposite side of the A78.

FCC request that Transport Scotland complete a full impact assessment of this planning application, considering the already increased risks and congestion that the new Dawn Homes development will also bring.

  1. Housing Design

Residents have also raised concerns that the proposed homes’ designs are not conducive to a rural/coastal village.

For, and on behalf of Fairlie Community Council
Karla Tully: FCC Secretary 21/12/2016