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

It should be noted that the proposed development will take place on
what is currently disturbed land and it is considered that there will
be no additional impacts on flora and fauna with landfill operations
being undertaken in an opencast void area. RSPB, SNH and SWT
have all been consulted on the application and no objections have
been raised in principle by either SNH or RSPB. Indeed, SNH
endorses the use of birds of prey as a deterrent to gulls. SWT has
objected to the proposed development but not on grounds of
impact on flora and fauna.
4.29 Another omission is with regard to archaeology, whether ancient or
industrial.
West of Scotland Archaeology Service has been consulted on the
application and also the EIS and has offered no adverse comments
on either the proposed development or in terms of the content of
the EIS.
5. ASSESSMENT AGAINST DEVELOPMENT PLAN
5.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act
1997 require that planning applications be determined in accordance with the
development plan unless material considerations indicate otherwise. For the
purposes of this application the development plan comprises the Approved
Ayrshire Joint Structure Plan (1999) and the Adopted Cumnock and Auchinleck
Local Plan (1992). The Adopted Local Plans was prepared within the context of
the then emerging Strathclyde Structure Plan.
5.2 Notwithstanding the age of the Adopted Local Plans, the proposed
development site lies within the Rural Area and also within a Priority Opencast
Coal Area (opencast coal mining in accord with Strathclyde Structure Plan
policy). The proposal would therefore fall to be considered principally against
Policies 34, 36-39, 47 of the adopted local plan relating to opencast
development and for the following reasons it is considered that there is no
conflict with the policy provisions of the Adopted Cumnock and Auchinleck Local
Plan.
(i)
Policy 34: Applications for opencast development will be determined
having regard to certain stated criteria.
The proposed development does not conflict with the provisions of
this policy.
(ii)
Policy 36: A presumption in favour of protecting locally important
agricultural land, listed wildlife sites, sites of special scientific interest,
heritage resources and water catchment areas.