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

Since the submission of the letter of objection, the Council has
approved the East Ayrshire Local Plan, Finalised Version with
Modifications (EALP). Full assessment of the proposed
development is made against the policy provisions of the EALP in
section 6 of this report. 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. In this regard the EALP is a material consideration
in the determination of this application. Notwithstanding the fact
that the EALP will be the subject of a future Public Local Inquiry,
the Town and Country Planning (Scotland) Act 1997 requires that
planning applications be determined in accordance with the
development plan unless material considerations indicate
otherwise. .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.
4.10 The proposal is contrary to the development plan.
The development plan for the area in which the application site is
located comprises the Adopted Cumnock and Auchinleck Local
Plan (1992) and the Approved Ayrshire Joint Structure Plan (1999).
A full assessment of the proposed development against the
development plan is made in section 5 of this report.
4.11 The proposed development is contrary to rural policies in the finalised
EALP. It is contrary to Policy SD4 that only finds development outside
settlements acceptable if they are sensitive, with a site-specific locational need.
Landfill cannot be described as a sensitive development, nor does landfill
require this particular site.
Full assessment of the proposed development against the
provisions of the EALP is made in section 6 of this report. The
development requires to be assessed against the more relevant
policies that in this case are policies CS4, 5 and 6 which specifically
relate to waste disposal. It is considered that the proposed
development is consistent with these waste disposal policies as
indicated in section 6.
4.12 The proximity principle applied to the disposal of waste does not justify
further extensive use of the application site. The site justification used by the
applicant in that it will facilitate the reclamation of Area B of the Skares site is
incorrect, as this area has already had its restoration plan approved. The current
application will therefore delay, not facilitate the restoration of Area B (and C).