Garlaff landfill Site, Skares - Barr Ltd - East Ayrshire Council

taken place, on a cell-by-cell basis to minimise the volume of gas
venting to air.
It is also accepted that there will be a potential negative visual
impact resulting from the proposed development and over a longer
period of time, as acknowledged in the Environmental Impact
Statement. Mitigation measures are proposed to minimise this
impact which would result in the direction of working and
restoration being designed to reduce impact on visual receptors.
With respect to the issue of Human Rights, the Council has a duty
to consider planning applications in relation to the policies of its
development plan and other material planning considerations. The
existence of objections does not in itself provide a reason for
refusal of planning applications, although material planning issues
raised by objectors must be considered in relation to the policies of
the development plan. It is open to an individual or group if they
believe that their human rights have been infringed by a planning
decision, to seek a Judicial Review of that decision and thereby
exercise their right to a fair hearing under Article 6 of the
Convention of Human Rights. Additionally of course objectors
have an opportunity to present their case before the Local Planning
Committee when it determines the planning application.
4.3 The Planning Department has a conflict of interest as East Ayrshire
Council obviously wants and needs this landfill site and therefore you should not
be allowed to make this decision.
There is no conflict in the Planning Division considering this
application for the reasons as follows. In terms of the Town and
Country Planning (Notification of Applications) (Scotland)
Amendment Direction 1997, certain categories of development
require to be formally notified to the Scottish Ministers should the
Planning Authority be minded to approve such proposals. In this
respect, the Council has a contractual arrangement with the
applicant for the disposal of waste. Furthermore, the Council has a
Civic Amenity Site within the development site that is managed by
the applicant on behalf of the Council. It could therefore be
construed that the Council has a financial interest in the
development. In this regard, the application would require to be
notified to the Scottish Ministers where the proposed development
does not accord with the adopted or approved local plan for the
area or where the development has been the subject of a
substantial body of objections. As indicated in Section 5 of this
report, the proposed development is not considered to be contrary
to the provisions of the adopted Cumnock and Auchinleck Local
Plan. Furthermore, only three letters of objection have been
received from third parties and one letter of objection has been
received from the Scottish Wildlife Trust. This is not considered to