FW: 13/02321/FULL - Carhurly Farm

https://fcmail.fife/owa/?ae=Item&t=IPM.Note&id=RgAAAAD0zaom2...

FW: 13/02321/FULL - Carhurly Farm

Kathleen Illingworth
Sent: 03 December 2013 13:02 To: Development Central Categories:In Progress

Please upload to IDOX. Thank you

From: Alastair Hamilton Sent: 22 November 2013 12:04 To: Kathleen Illingworth Subject: FW: 13/02321/FULL - Carhurly Farm

FYI Alastair
From: Ian Livingstone [mailto:Ian.Livingstone@vgenergy.co.uk] Sent: 22 November 2013 11:59 To: Alastair Hamilton Subject: RE: 13/02321/FULL - Carhurly Farm

Alastair, Thanks for the detailed response. In reference to your sentence: In relaon to the access all turbines must include an idened access route within the applicaon site to ensure that it can be demonstrated that the applicant has an idenable route to enable construcon to take place. The route has been idened within the applicaon drawing (aached to the previous email); however, only the track extending northeast from the farm steading is being constructed as part of the development, with the remaining access presently in use. Surely it is possible to disnguish the actual development area (ie. where works are being carried out) from what area is already developed? This could be done simply through colour coding on submied drawings. Fife Council are the only local authority which adopt this policy and we nd it quite frustrang that we, as agents, are having to pass on planning fee costs to clients for land designated within a development site upon which no actual development is taking place. In this case, approximately twothirds of the planning fee is aributed to land on which no development is occurring. We nd this unjust and incomprehensible. I understand this may not be an issue which you can act upon if it is established policy but if you can suggest any medium in which to make a formal complaint on the issue I would appreciate it. Kind Regards, Ian Livingstone

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Ian Livingstone MA(Hons), MSc

Planning & Environmental Consultant T: 01467 410 059 E: Ian.Livingstone@vgenergy.co.uk W: www.vgenergy.co.uk

Offices: Ayrshire | Aberdeenshire | Yorkshire | Wiltshire

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From: Alastair Hamilton [mailto:Alastair.Hamilton@fife.gov.uk] Sent: 22 November 2013 11:34 To: Ian Livingstone Subject: RE: 13/02321/FULL - Carhurly Farm

Ian I have now had a chance to look over the case le and note that the legal applicaon site submied and delineated on the applicaon form is idened as being a 33 metres diameter circle to permit some micro sing, as this circle constutes the legally dened boundary of the planning applicaon it is therefore not legally possible in terms of the planning legislaon to accept an alternave locaon some 100 metres from this point outwith the current applicaon site or such a signicant alteraon to the site boundary. The site cannot be both idencal and also 100metres larger. I am afraid therefore in this instance the only alternave is that the current applicaon is withdrawn and resubmied to include the new locaon with a new fee. As it is not within the same site, but would appear to involve a substanally dierent locaon though may include the original site if I understand your email correctly there would also not be an opon to benet from a free go. This posion isnt based on a policy posion of Fife Council but a legal requirement set out in primary legislaon. In relaon to the access all turbines must include an idened access route within the applicaon site to ensure that it can be demonstrated that the applicant has an idenable route to enable construcon to take place. I appreciate that this will not have been the response you were hoping for, however I hope it claries the situaon. Regards Alastair
From: Ian Livingstone [mailto:Ian.Livingstone@vgenergy.co.uk] Sent: 21 November 2013 11:39 To: Alastair Hamilton Subject: RE: 13/02321/FULL - Carhurly Farm

Alastair, Thanks for your email, look forward to hearing from you soon. Regards, Ian

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https://fcmail.fife/owa/?ae=Item&t=IPM.Note&id=RgAAAAD0zaom2...

Ian Livingstone MA(Hons), MSc

Planning & Environmental Consultant T: 01467 410 059 E: Ian.Livingstone@vgenergy.co.uk W: www.vgenergy.co.uk

Offices: Ayrshire | Aberdeenshire | Yorkshire | Wiltshire

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From: Alastair Hamilton [mailto:Alastair.Hamilton@fife.gov.uk] Sent: 21 November 2013 11:37 To: Ian Livingstone Subject: RE: 13/02321/FULL - Carhurly Farm Ian thanks for your email, Im not in the office tody but will check the details of this with Kathleen to determine what her reasoning is on this. Once Ive spoken to her and accessed the case file I'll get back to you. regards

Alastair Hamilton
Service Manager Community Developments and Investment Enterprise Planning and Protective Services From: Ian Livingstone [Ian.Livingstone@vgenergy.co.uk] Sent: 21 November 2013 11:31 To: Alastair Hamilton Subject: 13/02321/FULL - Carhurly Farm

Dear Alastair, I have been passed on your details by a colleague of yours whom I spoke to via telephone earlier today concerning a planning fee issue for the site referenced in the subject bar. This applicaon is for a single turbine development at Carhurly Farm and is currently in planning, pending a decision. I am the planning consultant acng as an agent on behalf of my client in this instance and have compiled and submied the applicaon. Within the statutory consultaon process the applicaon has received an objecon by Atkins relang to the radio link running through the site linking Clao and Crail. I have been in contact with the relevant body and managed to migate the issue through resing the turbine locaon approximately 100m east/northeast, involving an extension to the access track and hence the development site. I have spoken to the Case Ocer dealing with this applicaon (Kathleen Illingworth) to enquire as to whether the turbine locaon could be moved whilst the applicaon remained in planning. She informed me that the applicaon would need to be withdrawn from the process and resubmied at the new locaon. I was then told that a completely new planning fee would be required regardless of the fact that the new development site would be idencal to the original applicaon with an extension of approximately 100m. This shall obviously addional cost to the client who had already paid the full inial fee. This fee included taking the track access from the nearest public road along an exisng laneway currently in daily use and not incurring any development on it. This is illustrated by the aached pdf document. Firstly I believe that the laneway in queson should not be included within the development boundary as it does

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not involve the carrying out of building, engineering, mining or other operaons in, on, over or under land, or the making of any material change in the use of any buildings or other land as stated by Secon 55 of the Town and Country Planning Act 1990. This laneway is used on a daily basis as access to Carhurly Farm and will not be the recipient of any development work during the construcon of the turbine. Secondly, as the client has paid the inial fee of 1,910 for the development area of 0.5ha, the payment of a full planning fee for a new applicaon including the extension of the track to accommodate the new locaon would total approximately 2,674. This would equate to a planning fee totaling almost 5,000 for a single turbine development. As the objecon by Atkins was unforeseen and could not be legislated for prior to planning being submied, I would request that the new planning fee be applicable directly to the extension of the track and not the duplicaon of the development site which has previously been paid for. I would ask for this to be considered as an exceponal circumstance due to the situaon of the site and the new applicaon merely involving an extension to a previously paid for development boundary. I appreciate that Fife Council have policy which to adhere, but I feel an element of common sense and discreon should be applicable in this instance. If you wish to discuss this maer further please dont hesitate to contact me. I look forward to your response. Kind Regards, Ian Livingstone

Ian Livingstone MA(Hons), MSc

Planning & Environmental Consultant T: 01467 410 059 E: Ian.Livingstone@vgenergy.co.uk W: www.vgenergy.co.uk
Offices: Ayrshire | Aberdeenshire | Yorkshire | Wiltshire

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