| Future of Kingsbarns - Cambo Estate proposal -
10/00873/FULL - 22 houses West of Square
Letter of objection
- one of over 30 objections to this proposal
St Andrews Preservation Trust Ltd.
Application 10/00873/FULL - Land West of Kingsbarns, Cambo Estate
The Preservation Trust objects to this application, which is
contained within the Trust's geographical remit, on the following grounds:
1. It is located in a Structure Plan Strategic Land
Allocation. The Structure Plan is currently subject to a legal challenge, and
cannot be regarded as a sound basis for decision making until the legal action
2. It is premature to the adoption of finalised St Andrews
and East Fife Local Plan 2009, which will be subject to an examination in
public. This is a controversial development and it cannot he assumed that the
combined impact of development on Kingsbarns will be approved.
3. The SAEFLP notes a requirement in regard to the proposed
development that in respect of this site there must be "engagement with the
local community to procure a development brief for the planned expansion of the
village". The development brief submitted does not report on the views of the
community respect of this development and consequently does not meet the
requirements of the Local Plan and the legislation or community engagement. A
main objective of the amendments to planning legislation recently implemented
is that development decisions should be plan led. This ad hoc, premature
application does not meet this requirement.
4. We have noted in our representations in relation to the
Local Plan consultation (attached) that a Strategic Environmental Assessment
was not carried out in respect of Local Plan development proposals at the
options appraisal stage. Without such an assessment which meets SEA
criteria development cannot legally proceed.
Alternative development sites have previously been
identified in the village, and without such an assessment there is no evidence
that the current proposals are the options which best meets environmental
It is noted from the Development Brief submitted with the
application that a community meeting was held on 10 December 2008 and a meeting
was held between the developer and Kingsbarns Community Council on 26 January
2009. In January 2009 the developer and the chair of the community council was
the same person.
Despite the statement in the letter from MFA that the
outcome of the questionnaires returned by residents would be reported on, this
cannot be found in the documents provided by the applicant.
There is therefore no evidence that community views have
been taken into account, but clear evidence that the consultation process has
not met National Standards for such exercises, the statutory requirements for
meaningful engagement with the community described in Pan 81, read together
with circular 5-2009, Hierarchy of Development, RTPI guidance.
It is also clear that effective community engagement
involves consultation processes agreed between the stakeholders and the Council
which have not been implemented in case and that the application properly
cannot proceed without such a robust and transparent process, which is
objectively reported upon to the Council as decision maker.
5. There is a statement in the letter from the developer's
agent that its development is seen as part of a more extensive plan which
includes proposed development north of Station Road. Case law relating to the
Environmental Impact Assessment (Scotland) Regulations 1999 has required
changes to the EIA (Scotland) Regulations 2010 which incorporates the
implications of this case law. In particular, incremental developments are
subject to EIA assessments when thresholds are reached.
It is our view however that an EIA is required for the
current site and that it qualifies as a major development requiring by law an
enhance programme of public consultation.
6. The Trust in its Local Plan response has emphasised the
need for careful incremental growth if this sensitive conservation area is to
be preserved or enhanced. There are no proposals in the development brief for
the sensitive scheduling of development.
7. Until the Local Plan has completed its full process,
including an examination in public, the proposed site is a greenfield site in
agricultural use. Development on this site would essentially qualify as
development in the countryside and be subject to Policy E13 in the 1996 Local
Plan, which requires a demonstrated need for a countryside location.
8. While recognising the need for affordable housing,
environmental criteria indicate that this should provide accommodation for
local need, if unnecessary travel is to be avoided. No evidence of local need
has been provided with this application.
9. In conclusion, the Trust regards this proposal to be
premature in relation to the Local Plan and not in accordance with legislation
regarding environmental protection and the legal requirement for meaningful
community engagement. It should therefore be refused planning permission.
David N. Middleton Planning Policy Convener
Enc. Local Plan
Submission for S.A.P.T. in respect of proposed Kingsbarns
development. back to
Kingsbarns up to Top