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Kirkcaldy Area CommitteeWednesday, 27th March, 2013 - 9.00 a.m.St Joseph’s Roman Catholic Church, Cowdenbeath Road, Burntisland1. APOLOGIES FOR ABSENCE.AGENDA2. DECLARATIONS OF INTEREST - Members of <strong>the</strong> Committeeare asked to declare any interest(s) in particular items on <strong>the</strong>agenda and <strong>the</strong> nature of <strong>the</strong> interest(s) at this stage.<strong>Page</strong> Nos.3. MINUTE - Minute of Kirkcaldy Area Committee of 27th February,2013.1 - 64. BURNTISLAND PRIMARY SCHOOL - Presentation from Pupils.DEVELOPMENT MANAGEMENT5. APPLICATIONS FOR DETERMINATION - Reports by Head ofEnterprise, Planning & Protective Services on:-(a)(b)06/04322/FULL - Change of use and alterations to ChurchHall to form sixteen flatted dwellings and upgrading ofArcade glazed roof at Upper Floor Church, OlympiaArcade, Kirkcaldy.11/04794/EIA - Erection of three wind turbines (99.5m toblade tip), formation of access track, erection of ancillarysub-station building and o<strong>the</strong>r ancillary developmentincluding underground cabling - Clentrie Farm, Fife.ITEMS FOR DETERMINATION7 - 1112 - 436. REPRESENTATION FROM THE AREA COMMITTEES FORTHE FIFE LOCAL TOURIST ASSOCIATIONS - Report by FifeTourism Partnership Manager.44 - 477./


- 2 -<strong>Page</strong> Nos.7. MOSSMORRAN AND BRAEFOOT BAY INDEPENDENT AIRQUALITY MONITORING GROUP - REPRESENTATION(INVITATION) - Report by Senior Manager (DemocraticServices).48 - 50ITEMS FOR SCRUTINY/MONITORING8. REFORM OF THE FIRE AND POLICE SERVICES -IMPLICATIONS FOR FIFE COUNCIL - Report by Chief LegalOfficer.9. PROPERTY DISPOSALS - Report by Head of Asset & FacilitiesManagement Services.51 - 5455 - 61ITEMS FOR NOTING10. UPDATES ON POLICING ACTIVITIES WITHIN KIRKCALDYPOLICING AREA - Reports by Area Chief Inspector, FifeConstabulary:-(a) Multi-member Ward Policing Plans. 62 - 85(b) Parking Enforcement. 86 - 8811. SHQS INVESTMENT REPORT 2013/14 - Report by Head ofHousing & Neighbourhood Services.89 - 9612. PROPERTY TRANSACTIONS - Report by Head of Asset &Facilities Management Services (transmitted electronically tomembers).13. PUBLIC QUESTION TIME - No questions have been submittedfor this meeting by <strong>the</strong> public in terms of Standing Order No. 23.Michael Enston,Executive Director,Corporate Services.Fife House,North Street,Glenro<strong>the</strong>s,Fife. KY7 5LT20th March, 2013If telephoning, please ask for:-Hazel Hewitt, Committee Administrator, Fife House, Glenro<strong>the</strong>sTelephone: 08451 555555 (Ext. 442302) or E-mail: hazel.hewitt@<strong>fife</strong>.gov.ukAgendas and papers for all Committee meetings can be accessed onwww.<strong>fife</strong>direct.org.uk/<strong>committee</strong>s


2013.K.A.C.49Kirkcaldy Area Committee27 March 2013Agenda Item No. 3THE FIFE COUNCIL - KIRKCALDY AREA COMMITTEE - KIRKCALDY27th February, 20139.00 a.m. - 12.50 p.m.PRESENT:ATTENDING:Councillors Neil Crooks (Chair), Lawrence Brown, Kay Carrington,Peter George, Judy Hamilton, George Kay, Susan Leslie, Carol Lindsay,Stuart MacPhail, Arthur Morrison, David Rossand Kenny Selbie.Danny Cepok, Area Services Manager, Corporate Services; AlastairHamilton, Service Manager, Ewen Campbell, Planner and Mark Barrett,Lead Officer, Enterprise, Planning & Protective Services, Derek Allan,Rector, Kirkcaldy High School, Lynn Porter, Headteacher, Viewforth HighSchool, Gordon Wardrope, Education Officer and Julie Dickson,Community Learning & Development Team Leader, Education &Learning; Colin McCredie, Programme Manager and Alastair Drummond,Project Manager, Asset & Facilities Management Services; KevinO’Kane, Greenspace Partnership Officer, Alison Irvine, Senior AccessOfficer, Jen Henderson, Sports Development Manager and MichaelKavanagh, Sports Development Officer, Leisure & Cultural Services;Damien Woods, Service Manager, Transportation & EnvironmentalServices; Jo-Anne Ashford, Accountant, Financial Services; MaryMcLean, Solicitor, Andrew Ferguson, Manager (Committee Services)and Hazel Hewitt, Committee Administrator, Corporate Services.Prior to commencement of business, <strong>the</strong> Chair thanked Fife Council staff for all <strong>the</strong>ir workon <strong>the</strong> KANES event.79. MINUTEThe Minute of <strong>the</strong> meeting of Kirkcaldy Area Committee of 23rd January, 2013,approved by Fife Council at its meeting on 21st February, 2013, was submitted.DecisionThe Committee approved <strong>the</strong> Minute as a correct record.80. SCHOOL PERFORMANCE, ATTAINMENT AND ACHIEVEMENTThe Committee considered a report by <strong>the</strong> Executive Director, Education on <strong>the</strong>2011-12 School Performance, Attainment and Achievement across <strong>the</strong> secondaryand primary schools serving <strong>the</strong> area, which advised of progress made by Kirkcaldyand Viewforth High Schools towards improving educational attainment andachievement in line with <strong>the</strong> Fife Council plan. The Chair thanked <strong>the</strong> Rector ofKirkcaldy High School and <strong>the</strong> Headteacher of Viewforth High School for <strong>the</strong>irpresentations and commended <strong>the</strong>m, staff, pupils and parents on <strong>the</strong> progress madetowards improving performance, attainment and achievement.Decision/1


2013.K.A.C.50DecisionThe Committee noted and welcomed <strong>the</strong> report.81. APPLICATIONS FOR DETERMINATIONThe Committee considered reports by <strong>the</strong> Head of Enterprise, Planning & ProtectiveServices on applications for <strong>planning</strong> permission as follows:-(a)12/04009/FULL - Erection of double domestic garage, alterations toboundary wall, formation of archway and erection of gates - The Old Mill,4 Glamis Road, KinghornDecisionThe Committee agreed to refuse <strong>the</strong> <strong>planning</strong> application for <strong>the</strong> reasondetailed in <strong>the</strong> report.(b)12/04010/LBC - Listed building consent for alterations to boundary wall,formation of archway and erection of gates - The Old Mill, 4 GlamisRoad, KinghornDecisionThe Committee agreed to refuse <strong>the</strong> <strong>planning</strong> application for <strong>the</strong> reasondetailed in <strong>the</strong> report.(c)12/05090/FULL - Installation of replacement windows - 12 Fitzroy Square,DysartDecisionThe Committee agreed to approve <strong>the</strong> <strong>planning</strong> application without conditions.(d)13/00044/FULL - Installation of externally applied insulation system withrender finish - 1-258 Ravens Craig, KirkcaldyDecisionThe Committee agreed to approve <strong>the</strong> <strong>planning</strong> application, subject to <strong>the</strong> onecondition and reason detailed in <strong>the</strong> report.(e)12/04858/ARC - Matters specified by conditions for erection of primaryschool and formation of sports pitches, car parking, pedestrian andvehicular access - East Toll Park, Kirkcaldy Road, BurntislandDecision/2


2013.K.A.C.51DecisionThe Committee agreed to approve <strong>the</strong> <strong>planning</strong> application, subject to <strong>the</strong> fiveconditions and reasons detailed in <strong>the</strong> report.82. INVERTIEL AND LINKTOWN STRATEGIC DEVELOPMENT FRAMEWORK -ASSESSMENT OF FUTURE OPTIONSPrevious Minute Reference - para. 19 of 2012.K.A.C.15The Committee considered a reportby <strong>the</strong> Head of Enterprise, Planning & ProtectiveServices which invited members to consider options and to agree an appropriateapproach to progress a development and design strategy for <strong>the</strong> Invertiel andLinktown area of Kirkcaldy.DecisionThe Committeeendorsed <strong>the</strong> report and approved Option 1 as an appropriate meansto progress <strong>the</strong> design/development strategy for <strong>the</strong> Invertiel/Linktown area.83. BURNTISLAND COMMON GOOD FUND - APPLICATION FOR ASSISTANCE:BURNTISLAND BOWLING CLUBThe Committee considered a joint report by <strong>the</strong> Executive Directors, CorporateServices and Finance & Resources which sought a decision on <strong>the</strong> award of fundingfrom Burntisland Common Good Fund of £10,000 to Burntisland Bowling Club toassist with <strong>the</strong> costs of repair/refurbishment to <strong>the</strong> former clubhouse situated in <strong>the</strong>grounds of <strong>the</strong> Bowling Club.MotionCouncillor Kay, seconded by Councillor Leslie, moved that £6,000 be awarded to <strong>the</strong>Bowling Club.AmendmentCouncillor George, seconded by Councillor Brown, moved that £5,000 be awarded to<strong>the</strong> Bowling Club.VoteAmendment - 2Motion - 9DecisionThe Committee agreed to award £6,000 to Burntisland Bowling Club from <strong>the</strong>Burntisland Common Good Fund.84./Councillor Kay left <strong>the</strong> meeting temporarily at <strong>the</strong> conclusion of this item.3


2013.K.A.C.5284. APPOINTMENTS TO PARTNER ORGANISATIONS - CHANGE TO MEMBERSHIPPrevious Minute Reference - Para. 7 of 2012.K.A.C.3The Committee considered a report by <strong>the</strong> Executive Director, Corporate Serviceswhich proposed a change to one of <strong>the</strong> two Kirkcaldy Area representatives onKirkcaldy and Central Fife Sports Council.DecisionThe Committee agreed to appoint Councillor Selbie as a replacement for CouncillorGeorge on Kirkcaldy and Central Fife Sports Council.85. LOCAL COMMUNITY PLANNING IN KIRKCALDY AREAPrevious Minute Reference - Para. 72 of 2013.K.A.C.47The Committee considered a report by <strong>the</strong> Senior Manager, Corporate Serviceswhich provided an update on developing Local Community Planning in <strong>the</strong> Kirkcaldyarea and proposed steps towards developing a Local Community Plan. Membersexpressed concerns regarding <strong>the</strong> process for <strong>the</strong> development of <strong>the</strong> LocalCommunity Plan, particularly in relation to transparency and accountability.DecisionThe Committee agreed:-(1) <strong>the</strong> principal <strong>the</strong>mes and initial priority activities for <strong>the</strong> Kirkcaldy Area,including <strong>the</strong> Fairer Scotland Fund contributions to <strong>the</strong> projects identified inAppendix 1 of <strong>the</strong> report;(2) <strong>the</strong> steps outlined in <strong>the</strong> report to develop a Local Community Plan for <strong>the</strong>Kirkcaldy Area which would be a guidance document for local officers,services and partners; and(3) that fur<strong>the</strong>r reports would be brought to <strong>the</strong> Area Committee on <strong>the</strong>consultation and development of <strong>the</strong> Kirkcaldy Area Local Community Plan.Councillor Kay rejoined <strong>the</strong> meeting during this item.86. CORE PATH DIVERSION, AUCHERTOOLThe Committee considered a report by <strong>the</strong> Head of Leisure & Cultural Serviceswhich requested approval for a diversion of core path 569 at West Balbairdie, southof Auchtertool.DecisionThe Committee approved <strong>the</strong> proposed diversion of core path 569, under section 20of <strong>the</strong> Land Reform (Scotland) Act 2003.87./4


2013.K.A.C.5387. WHYTEMANS BRAE, KIRKCALDY - PROPOSED WAITING RESTRICTIONSThe Committee considered a report by <strong>the</strong> Head of Transportation & EnvironmentalServices which sought agreement to promote a Traffic Regulation Order (TRO) tointroduce waiting restrictions at Whytemans Brae, Kirkcaldy.Members also identifieda number of parking issues connected with Whytemans Brae and <strong>the</strong> surroundingarea which related to Victoria Hospital, Kirkcaldy.DecisionThe Committee agreed:-(1) to <strong>the</strong> proposed TRO shown on drawing number CTP/TO/13/004 within sixmonths; and(2) that a representative from NHS Fife would be invited to attend a futuremeeting of Kirkcaldy Area Committee to discuss issues relating to parking forVictoria Hospital.88. KIRKCALDY GREENSPACE ACTION PLAN 2013Previous Minute Reference - Para. 580 of 2012.K.A.C.331The Committee considered a report by <strong>the</strong> Head of Leisure &Cultural Services whichprovided an update on <strong>the</strong> second Kirkcaldy Area Greenspace Action Plan.DecisionThe Committee:-(1) noted and welcomed <strong>the</strong> progress made to date; and(2) noted that a fur<strong>the</strong>r report would be submitted to Kirkcaldy Area Committee inFebruary, 2014.89. STREET CLEANING PERFORMANCE90./The Committee considered a report by <strong>the</strong> Head of Transportation & EnvironmentalServices which provided an update on <strong>the</strong> performance of Fife’s Street CleaningService.DecisionThe Committee noted <strong>the</strong> report.5


2013.K.A.C.5490. ACTIVE FIFE - PROVISION AND SUPPORT FOR PHYSICAL ACTIVITY ANDSPORTThe Committee considered a joint report by <strong>the</strong> Heads of Education and Leisure &Cultural Services which provided an overview of <strong>the</strong> work undertaken by Active Fifeto co-ordinate,encourage and support <strong>the</strong> provision of opportunities for physicalactivity and sport in Fife.DecisionThe Committee noted and welcomed <strong>the</strong> report.91. KIRKCALDY AREA COMMUNITY LEARNING AND DEVELOPMENTPARTNERSHIP PROGRESS REPORTThe Committee considered a report by <strong>the</strong> Head of Educationwhich providedinformation on <strong>the</strong> activities and progress of <strong>the</strong> Kirkcaldy Community Learning andDevelopment Partnership in <strong>the</strong> six month period April to September, 2012.DecisionThe Committee:-(1) noted <strong>the</strong> report; and(2) agreed that a draft youth activity summer programme would be submitted to<strong>the</strong> next meeting of Kirkcaldy Area Committee.92. PROPERTY TRANSACTIONSDecisionThe Committee noted <strong>the</strong> report by <strong>the</strong> Head of Asset & Facilities ManagementServices advising on action taken under delegated powers in relation to propertytransactions, which had been transmitted electronically to members.93. PUBLIC QUESTION TIMEThe Committee noted that no questions had been submitted by <strong>the</strong> public in terms ofStanding Order No. 23 for this meeting._____________________KAC 270213 LL6


Kirkcaldy Area Committee27 March 2013Agenda Item No. 5 (a)06/04322/FULL - Change of use and alterations to church hall to form 16flatted dwellings and upgrading of arcade glazed roof at Upper FloorChurch, Olympia Arcade, Kirkcaldy KY1 1QFReport by:Keith Winter, Head of Enterprise, Planning and Protective ServicesWards Affected: Kirkcaldy CentralPurposeTo seek Committee authorisation to refuse <strong>planning</strong> permission due to <strong>the</strong> failure toconclude <strong>the</strong> legal agreement.Recommendation(s)It is recommended that <strong>the</strong> application be refused for <strong>the</strong> following reason(s):1) In <strong>the</strong> interests of proper <strong>planning</strong> and ensuring that <strong>the</strong> proposal complies with <strong>the</strong>terms of <strong>the</strong> Fife Financial Framework; by virtue of failing to conclude <strong>the</strong> legalagreement, <strong>the</strong> application is contrary to <strong>the</strong> development plan by virtue of notsecuring those matters as specified in <strong>the</strong> original Committee report which were tobe <strong>the</strong> subject of <strong>the</strong> legal agreement, namely,i) A contribution in accordance with Fife Council’s Affordable Housing Policy of£14 400 andii) a contribution of £56 000 towards Fife Council’s Kirkcaldy Town CentreTransportation Initiative to compensate for this development’s lack of off-streetparking.The application is <strong>the</strong>refore contrary to <strong>the</strong> Adopted Mid Fife Local Plan (2012) PolicyD1 (developer Contributions), H2 (Affordable and Special Needs Housing) and T2(Traffic Safety in New Developments).Resource ImplicationsThere are no direct or indirect financial implications affecting Fife Council asPlanning Authority.7


Legal & Risk ImplicationsThere are no direct or indirect legal implications affecting Fife Council as PlanningAuthority.As in all circumstances when a refusal of <strong>planning</strong> permission is agreed or conditionsimposed on an approval, <strong>the</strong> applicant has a right of appeal within 3 months of <strong>the</strong>date of decision, to <strong>the</strong> Directorate of Planning and Environmental Appeals.Impact AssessmentAn EqIA Checklist is not required because <strong>the</strong> report does not propose a change orrevision to existing policies and practices.ConsultationConsultation was undertaken with <strong>the</strong> Executive Director, Corporate Services(Directorate), who supports <strong>the</strong> content and recommendation of this report.1.0 Background1.1 This application was originally considered by Members at <strong>the</strong> Kirkcaldy AreaCommittee meeting on <strong>the</strong> 8 th June 2007. The application was again reported toCommittee on 23 rd November 2011 following a revision to Council policy relating tocommuted sums for affordable housing. At this last meeting, Committee agreed toreduce <strong>the</strong> affordable housing contribution from <strong>the</strong> originally agreed £74 400 to£14 400. The contribution of £56 000 towards <strong>the</strong> Kirkcaldy Town CentreTransportation Initiative remained unchanged. As a result, <strong>the</strong> terms to be secured in<strong>the</strong> revised obligation were:a commuted sum of £14 400 towards <strong>the</strong> provision of off site affordable housinganda commuted sum £56 000 towards <strong>the</strong> Kirkcaldy Town Centre TransportationInitiativeMembers concluded that <strong>the</strong>y were minded to approve <strong>the</strong> application subject to <strong>the</strong>said legal agreement being concluded.1.2 No progress was made with regards <strong>the</strong> legal agreement between <strong>the</strong> originalCommittee decision on 8 th June 2007 and <strong>the</strong> second report to Committee on 23 rdJune 2011 as <strong>the</strong> applicant was aware of <strong>the</strong> Council’s intention to amend <strong>the</strong>affordable housing policy (which was subsequently approved at Planning Committeeon 20 th September 2011). As mentioned above, this resulted in <strong>the</strong> reduction of <strong>the</strong>commuted sum for affordable housing.1.3 The applicant has been advised that failure to conclude <strong>the</strong> agreement in areasonable time scale would result in <strong>the</strong> application being referred back to<strong>committee</strong> with a recommendation for refusal. It should also be noted, that during <strong>the</strong>8


above developments, Section 75A of <strong>the</strong> Planning Act came in to effect whichallowed applicants to formally apply to vary or discharge a <strong>planning</strong> obligation(previously known as a Section 75 agreement). Should <strong>the</strong> applicant wish to reduce<strong>the</strong> level of commuted sums being sought, <strong>the</strong>y now have a formal route to submit<strong>the</strong>ir justification for <strong>the</strong> Council to consider <strong>the</strong>ir proposed amendment to an existingobligation. Fur<strong>the</strong>rmore, this new provision, also affords <strong>the</strong> applicant <strong>the</strong> right ofappeal, in <strong>the</strong> event <strong>the</strong>y were unsuccessful with any future application which soughtto amend an existing obligation.1.4 Based on current practice by <strong>the</strong> Department of Planning and EnvironmentalAppeals (DPEA), 3 months is considered ample time to conclude a legal agreement.Since <strong>the</strong> reduction of <strong>the</strong> commuted sum for affordable housing was agreed, afur<strong>the</strong>r 21 months have elapsed and <strong>the</strong> agreement still remains to be concluded. Acopy of <strong>the</strong> title deeds was eventually submitted to Legal Services on 16 th October2012 and <strong>the</strong> agreement was subsequently issued for <strong>the</strong> applicant to sign in orderto register <strong>the</strong> agreement on <strong>the</strong> land.1.5 Given <strong>the</strong> length of time that has elapsed and <strong>the</strong> apparent unwillingness of <strong>the</strong>applicant to conclude <strong>the</strong> agreement, <strong>the</strong> applicant had been advised that <strong>the</strong>application would be reported to Committee on 21 st November with arecommendation to refuse in <strong>the</strong> event <strong>the</strong> signed and registered agreement had notbeen returned to <strong>the</strong> Council prior to this date. At <strong>the</strong> time of writing this report, <strong>the</strong>signed agreement had not yet been received.UPDATE1.6 At <strong>the</strong> meeting of <strong>the</strong> Kirkcaldy Area Committee on <strong>the</strong> 21 November, membersresolved to continue <strong>the</strong> application to allow fur<strong>the</strong>r negotiations with <strong>the</strong>applicant. Since <strong>the</strong>n, <strong>the</strong> applicant has been contacted both by DevelopmentManagement officers and colleagues from Environment, Regeneration andPlace in an attempt to progress <strong>the</strong> legal agreement. The process via which <strong>the</strong>commuted sums being sought would be assessed has been explained to <strong>the</strong>developer. This would require a development appraisal to be submitted whichwould <strong>the</strong>n be assessed by <strong>the</strong> District Valuer who would ultimately advise asto whe<strong>the</strong>r, in his opinion <strong>the</strong> commuted sums being sought were set at such alevel which could result in <strong>the</strong> development being unviable. The developer hasconfirmed that <strong>the</strong>y do not wish to spend anymore money on <strong>the</strong> siteespecially as <strong>the</strong> above process could not guarantee that <strong>the</strong> commuted sumswould be waived or even reduced.1.7 Members may also wish to note that <strong>the</strong> performance of individual <strong>planning</strong>authorities are now reported based on <strong>the</strong> number of average days taken todetermine <strong>planning</strong> applications. On <strong>the</strong> day of Committee, 6 years, 3 monthsand 6 days will have lapsed since <strong>the</strong> application was submitted.1.8 The determining issue with regards to this proposed development essentiallyhangs on whe<strong>the</strong>r <strong>the</strong> commuted sums required for transportationimprovements and a contribution towards <strong>the</strong> provision of affordable housingmakes <strong>the</strong> development unfeasible. The applicant is claiming that <strong>the</strong>se arepreventing <strong>the</strong> development from being viable, however, is not prepared tofollow <strong>the</strong> process to have this claim tested. Without this claim being tested, itis not possible to set aside <strong>the</strong> policies which are <strong>the</strong> reason for <strong>the</strong> commutedsums above being required. It is accepted that <strong>the</strong>re are likely to be9


exceptional costs above and beyond what would be normally expected for thistype of development given that <strong>the</strong> building is listed. However, without adevelopment appraisal, it is not possible to give this any substantial weightwhen considering this against <strong>the</strong> required commuted sums. Lastly, membersshould also note that even in <strong>the</strong> event <strong>the</strong> application was approved withoutany commuted sums, <strong>the</strong>re is no guarantee that <strong>the</strong> development will beimplemented. Members could elect to make <strong>the</strong> permission valid for a shorterperiod, for example 12 months, which would ultimately require <strong>the</strong> works tocommence in order to keep <strong>the</strong> permission valid.2.0 Issues and Options2.1 Committee cana) Agree <strong>the</strong> recommendation and refuse <strong>the</strong> application;b) Instruct officers to attempt to continue negotiations with <strong>the</strong> applicant; orc) Approve <strong>the</strong> application without any commuted sums. Members should be awarethat <strong>the</strong>y will need to advise which material issues <strong>the</strong>y consider outweigh <strong>the</strong>need for <strong>the</strong> commuted sums being sought in <strong>the</strong> event <strong>the</strong>y wish to approve <strong>the</strong>application contrary to approved Fife Council policy.3.0 Conclusions3.1 Since members last considered this application, a fur<strong>the</strong>r 4 months have elapsedand no progress has been made in progressing <strong>the</strong> <strong>planning</strong> obligation to itsconclusion. The failure to conclude <strong>the</strong> <strong>planning</strong> obligation means that <strong>the</strong> Councilcan not secure <strong>the</strong> necessary commuted sums that would ensure <strong>the</strong> proposeddevelopment accords with <strong>the</strong> Development Plan and as such, it is recommended forrefusal as per <strong>the</strong> previous recommendation in 2012.Background PapersThe following papers were relied on in <strong>the</strong> preparation of this report in terms of <strong>the</strong> LocalGovernment (Scotland) Act, 1973: PAN 2/2010 – Affordable Housing and Housing Land Audits Fife Structure Plan 2006-2026 (2009) Adopted Mid Fife Local Plan (2012) Fife Council's SPG on Affordable Housing (2011) Committee report of 8 June 2007 (06/04322/FULL) Committee report of 21 November 2011 (06/04322/FULL)Report ContactAuthor Name: Kevin TreadwellAuthor’s Job Title: Lead OfficerWorkplace: Kingdom House, Glenro<strong>the</strong>sTelephone: 08451 55 11 22Email:development.central@<strong>fife</strong>.gov.uk10


2721234323345to45a39 41371221DAVID STREET1719131536 to 40GLASSWORK STREET1134El Sub Sta36343230262824222014 to 181126 to 1015DOUGLAS STREET2434PH232127 to 3123258.8m22 to 3032PH423617 1940389 to 1346421771846a4431 to 4119to29PDB3 58.5mEl Sub Sta15GarageTCB19108513Olympia Arcade16 1711a37139Car Park21Wemyss Building7Link TownChurch513Be<strong>the</strong>lfield5111715Place14.6m6 to 1224PH14121618Car Park20222425SCHOOL WYND29263110.4m25 to 2924Car Park28GLADNEYSQUAREJehovah's Witnesses3739AbbotshallHotelKingdom HallReproduced by permission of Ordnance Survey on behalf of HMSO.© Crown copyright and database rightAll rights reserved.Ordnance Survey Licence number 100023385.Application Ref: 06/04322/FULLAddress:Upper Floor ChurchOlympia ArcadeKirkcaldyFifeKY1 1QF2013.Application Boundary±Scale 1:1,2500 10 20 30 40 50MetresPlot file created on 04/03/2013 by POconnor-75Produced using Fife Council Corporate GIS11


COMMITTEE: KIRKCALDY AREA COMMITTEE COMMITTEE DATE: 27/03/2013ITEM NO: 5 (b)APPLICATION FOR ENVIRONMENTAL IMPACT ASSESSMENT REF: 11/04794/EIASITE ADDRESS:PROPOSAL :APPLICANT:WARD NO:CASE OFFICER:CLENTRIE FARM FIFEERECTION OF THREE WIND TURBINES (99.5M TO BLADETIP), FORMATION OF ACCESS TRACK, ERECTION OFANCILLARY SUBSTATION BUILDING AND OTHERANCILLARY DEVELOPMENT INCLUDING UNDERGROUNDCABLINGRENEWABLE ENERGY VENTURES LTD 40 MORNINGFIELDROAD ABERDEEN AB15 4AQNW10Burntisland, Kinghorn And West KirkcaldyDarren O'HareDATEREGISTERED:28/09/2011REASONS FOR REFERRAL TO COMMITTEEThis application requires to be considered by <strong>the</strong> Committee because:More than 5 objections have been received and a statutory consultee has objected (AuchtertoolCommunity Council)SUMMARY RECOMMENDATIONThe application is recommended for:RefusalASSESSMENT AGAINST THE DEVELOPMENT PLAN AND OTHER MATERIALCONSIDERATIONSUnder Section 25 of <strong>the</strong> Planning Act <strong>the</strong> determination of <strong>the</strong> application is to be made inaccordance with <strong>the</strong> Development Plan unless material considerations indicate o<strong>the</strong>rwise.12


1.0 BACKGROUND1.1 The application site relates to a pocket of agricultural land approximately 650 metres to <strong>the</strong>north west of <strong>the</strong> main farm unit (Clentrie Farm) and is surrounded in all directions by opencountryside. The site is class 3.2 agricultural land as identified by <strong>the</strong> Macaulay Land UseResearch Institute (not prime agricultural land). The surrounding land is undulating ispredominately used for agricultural purposes (arable fields, sheep grazing, etc) although <strong>the</strong>reare some woodlands to <strong>the</strong> north and east. The proposed site sits around 130 metres AboveOrdnance Datum (AOD), lies to <strong>the</strong> north of B925 public road and is accessed via <strong>the</strong> existingfarm track just to <strong>the</strong> east of Auchtertool. Camilla Loch SSSI lies to <strong>the</strong> south west (just over200 metres away) and <strong>the</strong> village of Auchtertool is about 1km away. Approximately half of <strong>the</strong>application site is located within a Local Landscape Area (LLA) with turbine 1 and its accesstrack sitting just outwith this designation. The existing farm track is also a public Right of Way(FK100) and Core Path (491). The nearest neighbouring dwellings (Westfield Cottage andWestfield House) lie around 470-480 metres to <strong>the</strong> north of turbine 2 at Little Glenniston Farm.1.2 The application proposal is for <strong>the</strong> commercial generation of electricity and forms part of afarm diversification scheme where <strong>the</strong> landowner/farmer would benefit from a steady rentalincome. The proposed wind farm would consist of three wind turbines each with a maximumheight of 99.5m to blade tip and an output of 2.3MW. Whilst <strong>the</strong> exact type of turbine has not yetbeen established, <strong>the</strong> candidate turbine (Enercon E70) measures 99.5m high to blade tip, 64mto <strong>the</strong> hub/nacelle with 71m three blade rotor diameters. The concrete foundations at base ofeach turbine would be approximately 18.4m in diameter and 2.3m deep. The proposed windfarm would have a maximum generating capacity of 6.9MW. In addition to <strong>the</strong> turbines, <strong>the</strong>proposals also include associated infrastructure, crane hardstanding, underground powercables, new site access tracks, a temporary construction compound and control building.Vehicular access to <strong>the</strong> site for construction and operational traffic would be from <strong>the</strong> B925 from<strong>the</strong> existing farm track to <strong>the</strong> east of Auchtertool.1.3 The turbines <strong>the</strong>mselves are proposed to be spaced out evenly across <strong>the</strong> site following asouthwest to nor<strong>the</strong>ast axis. The control building and parking area would be located besideturbine 1 with <strong>the</strong> temporary construction compound area located near to <strong>the</strong> site entrance. Theconnection details from <strong>the</strong> proposed substation to <strong>the</strong> existing electricity network will be subjectto a separate application under Section 37 of <strong>the</strong> Electricity Act 1989. The exact route andmethod of <strong>the</strong> grid connection would be determined by <strong>the</strong> electricity operator. The turbines areexpected to be operational for 25 years and it is anticipated that construction period would takeapproximately 3-5 months. At <strong>the</strong> end of <strong>the</strong> 25 year operational period <strong>the</strong> site would bedecommissioned.1.4 During <strong>the</strong> decommissioning process, which is likely to take 2 months, all turbines/principleelements and ancillary features and buildings are proposed to be removed from <strong>the</strong> site. Theturbine foundations and access track would be covered with top-soil and re-seeded and <strong>the</strong> landreinstatement to its previous condition/land use practice. Underground cabling would be deenergisedand left in situ to minimise ground disturbance.1.5 At this stage, it is envisaged that <strong>the</strong> turbine parts will be landed at Methil Docks and <strong>the</strong>ntransported to <strong>the</strong> site by road heading westwards via <strong>the</strong> A955, B932, A915, A921, A92, A909and <strong>the</strong>n finally heading eastwards along <strong>the</strong> B925. It is anticipated that up to 20 abnormal loadswould be required to deliver <strong>the</strong> turbines to site. Various vehicle types would be required during<strong>the</strong> construction stage and <strong>the</strong> majority would be standard road vehicles.13


1.6 The applicant's agent has submitted as part of <strong>the</strong> application an Environmental Statement(ES). The ES covers details relating to site selection process, <strong>the</strong> project description (includingconcept, operational and decommissioning matters), as well as a justification with regards toneed. The ES also provides details and assessments with regards to environmental studies,climate change, economic benefits, ecology/ornithology, landscape and visual impact, noise,cultural heritage and archaeology, hydrology, electromagnetic safety, infrastructural andcommunication matters and shadow flicker.1.7 Although this is a significant project it is not classed as a Major application, as defined in <strong>the</strong>Town & Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, as <strong>the</strong>electricity generated does not exceed <strong>the</strong> 20MW threshold. The application was advertised in<strong>the</strong> Fife Free Press and <strong>the</strong> Edinburgh Gazette as an application which requires anEnvironmental Impact Assessment and was also advertised in <strong>the</strong> local paper as a Schedule 3development (bad neighbour) based on <strong>the</strong> height and number of structures and <strong>the</strong> potentialimpacts <strong>the</strong> development could have on adjacent residential amenity. The application has alsobeen subject to consultation with statutory and non-statutory consultees as summarised in <strong>the</strong>consultation section of this report.2.0 APPROPRIATE ASSESSMENT UNDER THE HABITATS REGULATIONS2.1 As a separate part of <strong>the</strong> consideration of <strong>the</strong> application, <strong>the</strong> Council has a duty as <strong>the</strong>determining authority to carry out an appropriate assessment of <strong>the</strong> proposals with specificregard to <strong>the</strong> impact <strong>the</strong> development may have on <strong>the</strong> qualifying interests of <strong>the</strong> two SPA'snearest to <strong>the</strong> site. The application site is around 6.5km from <strong>the</strong> Firth of Forth SPA and 10kmfrom Loch Leven SPA.2.2 The agent provided information specifically addressing <strong>the</strong> impact of <strong>the</strong> development on<strong>the</strong>se SPA's and <strong>the</strong> ornithological study recorded 27 flights of pink footed geese and one ofgreylag, with an average of 26 birds per annum, at collision risk height (mortality rate). From <strong>the</strong>data submitted and taking into account SNH's comments, whilst it is acknowledged that <strong>the</strong>remay be some potential increase in <strong>the</strong> mortality rate of <strong>the</strong> birds in flight over <strong>the</strong> site, it is likelyto be very small and is not likely to have any effect on <strong>the</strong> viability of ei<strong>the</strong>r species. It was<strong>the</strong>refore concluded that <strong>the</strong> proposed development would not adversely affect <strong>the</strong> integrity ofei<strong>the</strong>r SPA.3.0 PLANNING ASSESSMENT3.1 The issues to be assessed against <strong>the</strong> Development Plan and o<strong>the</strong>r guidance are asfollows:-- Principle of Development- Landscape/Visual Impact on LLA- Cumulative Impact- Ecology/Ornithology- Noise- Shadow Flicker- Cultural Heritage/Archaeology- Hydrology/Hydrogeology- Road Safety14


- Access/Rights of Way- Aviation Safety/Defence Interests- Radio/Digital/Communication Signals- Impact on Agricultural Land- Relationship to Mossmorran Petrochemical Plant- Community Benefits3.2 Principle of Development3.2.1 Scottish Planning Policy (SPP) (2010) on Renewable Energy supports <strong>the</strong> full range ofrenewable energy technologies available. Scottish Government Policy is to generate <strong>the</strong>equivalent of 100% of Scotland's gross annual electricity consumption and <strong>the</strong> equivalent of 11%of Scotland's heat demand from renewable sources by 2020. The SPP advises that LocalAuthority Development Plans and/or supplementary guidance should guide development toappropriate locations and provide clarity on <strong>the</strong> issues that will be taken into account whenspecific proposals are assessed. Factors relevant to <strong>the</strong> consideration of applications willdepend on <strong>the</strong> scale of <strong>the</strong> development and its relationship to <strong>the</strong> characteristics of <strong>the</strong>surrounding area, but are likely to include; landscape and visual impacts, effects on <strong>the</strong> naturalheritage and historic environment, <strong>the</strong> contribution of <strong>the</strong> development to meeting renewabletargets, effects on local and national economy/tourism and recreational interests, benefits anddisbenefits for communities, aviation and telecommunications, noise and shadow flicker andcumulative impacts.3.2.2 The SPP also advises that Development Plans should support all scales of developmentassociated with <strong>the</strong> generation of energy and heat from renewable sources, ensuring that anarea's renewable energy potential is realised and optimised in a way that takes account ofrelevant economic, social, environmental and transport issues and maximises benefits. TheSPP also advises that <strong>the</strong> design and location of any wind turbine development should reflect<strong>the</strong> scale and character of <strong>the</strong> landscape to ensure that <strong>the</strong> landscape and visual impact isminimised. The SPP goes on to advise that a separation distance of up to 2km between areasof search and <strong>the</strong> edge of cities, towns and villages is recommended to guide developments to<strong>the</strong> most appropriate sites and reduce visual impact, but decisions on individual developmentsshould take into account specific local circumstances and geography.3.2.3 The Scottish Government Specific Advice Sheet on On-shore Wind Turbines (2012)provides more detailed guidance on assessing such proposals as well as <strong>the</strong> locationalrequirements of wind turbines and <strong>the</strong> potential impacts associated with <strong>the</strong>m.3.2.4 Policy SS1 of <strong>the</strong> Approved Fife Structure Plan 2006-2026 (2009) advises that newdevelopment shall take place within settlements unless <strong>the</strong>re is a justified need for a countrysidelocation and that all developments should have regard to <strong>the</strong> built or natural environment and <strong>the</strong>need to protect and enhance landscapes. Policy R1 of <strong>the</strong> Approved Structure Plan sets out <strong>the</strong>intention to provide a spatial strategy for wind farms over 20MW through <strong>the</strong> Local Plans. Thepolicy also indicates that even if <strong>the</strong> wind farm is under <strong>the</strong> 20MW threshold <strong>the</strong> spatialframework would still be relevant depending on <strong>the</strong> size of <strong>the</strong> wind farm. The policy sets out<strong>the</strong> same criteria for assessment as that advocated by <strong>the</strong> SPP above and states that individualturbines will be considered in relation to <strong>the</strong> policy criteria and <strong>the</strong> Fife Landscape CharacterAssessment.3.2.5 Policy I1 <strong>the</strong> Adopted Mid Fife Local Plan (2012) supports renewable energy developmentsprovided that <strong>the</strong>re is no significant impact on local communities and <strong>the</strong> built/natural15


environment; <strong>the</strong>y provide employment opportunities; and <strong>the</strong>y make use of brownfield orcontaminated land.3.2.6 Policy E1 of <strong>the</strong> Adopted Local Plan advises that development outwith town and villageenvelopes will only be permitted where <strong>the</strong>y are in accordance with Policies E15 to E29. PolicyE15 includes in its list of supportive criteria, o<strong>the</strong>r development which demonstrates a provenneed for a countryside location. Policy E15 also advises of <strong>the</strong> need to ensure that o<strong>the</strong>rcaveats are met including <strong>the</strong> need to ensure that proposals are of a scale and naturecompatible with surrounding uses and will result in an overall enhancement to <strong>the</strong> landscape andenvironmental quality of an area.3.2.7 Fife Council's Supplementary Planning Guidance (SPG) on Wind Energy (2011) reflects<strong>the</strong> intent of Policy R1 noted above but indicates fur<strong>the</strong>r that proposals for wind turbines/farms ofless than 20MW are not considered to have strategic impact and <strong>the</strong>refore should be assessedagainst <strong>the</strong> local plan, taking account of local factors and <strong>the</strong> effect on <strong>the</strong> visual and residentialquality of <strong>the</strong> immediate and surrounding area. The ASH study (2006), commissioned by FifeCouncil to inform <strong>the</strong> supplementary guidance in identifying areas of search for groupings ofwind turbines in Fife, has concluded that <strong>the</strong> Fife Landscape does not have <strong>the</strong> capacity toaccommodate wind farm developments in excess of 20MW. There is likely to be capacity fordevelopments below that threshold and <strong>the</strong> proposed 3 turbine development is well below <strong>the</strong>20MW threshold.3.2.8 Taking into account <strong>the</strong> relevant provisions of <strong>the</strong> Development Plan, supplementary<strong>planning</strong> guidance and National Guidance, it is considered that <strong>the</strong> proposed 3 turbinedevelopment at this location is acceptable in principle as long <strong>the</strong>re are no significant adverseimpact upon residential amenity, <strong>the</strong> built or natural environment along with o<strong>the</strong>r matters suchas aviation safety. There is clear support for renewable energy developments in Fife and <strong>the</strong>reis a general acceptance that wind turbine developments need to be located in <strong>the</strong> countrysideand this development is directly linked to provide <strong>the</strong> farm with a sustainable income. In additionto <strong>the</strong>se, <strong>the</strong> Council's supplementary <strong>planning</strong> guidance identifies <strong>the</strong> potential of this area forsuch a use and <strong>the</strong> broad strategies for wind turbine developments generating in excess of 20MW are not relevant to this application due to <strong>the</strong> scale of <strong>the</strong> development. The proposal is<strong>the</strong>refore considered acceptable in principle however <strong>the</strong> overall acceptability of such adevelopment must also meet a number of o<strong>the</strong>r specific criteria and <strong>the</strong>se are considered indetail below.3.3 Landscape/Visual Impact on LLA3.3.1 As noted in <strong>the</strong> introduction section above, approximately half of <strong>the</strong> application site islocated within a Local Landscape Area where <strong>planning</strong> policies exist primarily to protect,maintain and enhance <strong>the</strong> quality of <strong>the</strong> landscape.3.3.2 SPP (Landscape & Natural Heritage) advises that Scotland's landscape and naturalheritage are internationally renowned and important and are a key component of <strong>the</strong> highenvironmental quality which makes it an attractive place in which to live, do business and investand as such improving <strong>the</strong> natural environment and <strong>the</strong> sustainable use and enjoyment of it isone of <strong>the</strong> Government's national outcomes. In terms of landscape, <strong>the</strong> SPP advises that <strong>the</strong>landscape in both countryside and urban areas is constantly changing and <strong>the</strong>refore <strong>the</strong> aimshould be to facilitate positive change whilst maintaining and enhancing its distinctive character.The SPP also advises that different landscapes will have different capacities to accommodatenew development, <strong>the</strong> most sensitive landscapes may have little or no capacity to accept new16


development, and <strong>the</strong> siting and design of developments should be informed by local landscapecharacter. Landscapes and <strong>the</strong> natural heritage are sensitive to inappropriate development and<strong>planning</strong> authorities should ensure that potential effects, including <strong>the</strong> cumulative effect ofincremental changes are considered. Careful <strong>planning</strong> and design can minimise <strong>the</strong> potential forconflict and maximise <strong>the</strong> potential for enhancements, however <strong>the</strong>re will be occasions where<strong>the</strong> sensitivity of <strong>the</strong> site or <strong>the</strong> nature or scale of <strong>the</strong> proposed development is such that <strong>the</strong>development should not be permitted. The SPP advises that a separation distance of up to 2kmbetween areas of search and <strong>the</strong> edge of cities, towns and villages is recommended to guidedevelopments to <strong>the</strong> most appropriate sites and reduce visual impact, but decisions on individualdevelopments should take into account specific local circumstances and geography.Development Plans should recognise that <strong>the</strong> existence of <strong>the</strong>se constraints on wind farmdevelopment does not impose a blanket restriction on development, and should be clear on <strong>the</strong>extent of constraints and <strong>the</strong> factors that should be satisfactorily addressed to enabledevelopment to take place.3.3.3 Policy SS1 of <strong>the</strong> Approved Structure Plan advises that features of <strong>the</strong> natural environmentand landscapes should be protected and enhanced, whilst Policy R1 advises that impacts on <strong>the</strong>landscape will be considered. Policy E15 of <strong>the</strong> Adopted Local Plan states that development in<strong>the</strong> countryside must still be of a scale and nature that is compatible with its surrounding usesand would result in an overall enhancement of <strong>the</strong> landscape and environmental quality of <strong>the</strong>area whilst Policy E19 states that development within Local Landscape Areas or outwith <strong>the</strong>boundary but which may impact upon <strong>the</strong> designated area will only be permitted where it has nosignificant adverse affect on <strong>the</strong> landscape qualities of <strong>the</strong> area and/or its overall landscapeintegrity and setting.3.3.4 Policies E3, E4, E15 and I1 of <strong>the</strong> Adopted Local Plan, advise that proposals must retain,enhance, protect and be sympa<strong>the</strong>tic to <strong>the</strong> landform and landscape quality of an area, and anysignificant adverse impacts including those on <strong>the</strong> natural environment will not be supported.Onshore Wind Turbines - Specific Advice Sheet (2011) identifies a number of generalconsiderations for renewable energy developments, in particular <strong>the</strong> issue of visual amenity and<strong>the</strong> conflicting need for turbines to be sited in exposed locations. The landscape and visualimpact of wind turbines is influenced largely by <strong>the</strong> land form and landscape characteristics; <strong>the</strong>ability of <strong>the</strong> landscape to absorb development depends on careful siting and inherentcharacteristics of <strong>the</strong> landscape.3.3.5 Fife Council's SPG on Wind Energy also reiterates <strong>the</strong> landscape and visual issues thatshould be considered as outlined in <strong>the</strong> SPP earlier, and <strong>the</strong>se include <strong>the</strong> need to recognise <strong>the</strong>importance of <strong>the</strong> scale and character of <strong>the</strong> landscape. It fur<strong>the</strong>r advises that <strong>the</strong> capacity of<strong>the</strong> landscape to accept each turbine and <strong>the</strong> cumulative effect of a group of turbines must beevaluated. Proposals must be supported by maps showing <strong>the</strong> zones of visual impact.Visualisations of proposed developments are also required, with <strong>the</strong> most useful materialsincluding Zone of Theoretical Visibility (ZTV) diagrams, wireframes and photomontages. TheASH study (2006) identifies <strong>the</strong> site and its suitability for ei<strong>the</strong>r; (a) Medium, small extentdevelopment (i.e. 50-100m high turbines consisting of between 1 and 5 turbines); (b) Medium,single turbine (50-100m high single turbine); (c) Low, large extent (0-50m high consisting of 5 ormore turbines); (d) Low, small extent (0-50m consisting of 1-5 turbines); (e) Low, single turbine(0-50m high single turbine). In this particular case, <strong>the</strong> proposed development would be within<strong>the</strong> qualifying criteria although at <strong>the</strong> very upper limit.3.3.6 The assessment of <strong>the</strong> turbines within <strong>the</strong> landscape must also relate to <strong>the</strong> FifeLandscape Character Assessment (1999). The Assessment categorises this area of Fife as an17


area of Pronounced Volcanic Hills and Crags - characterised by conspicuous, pronounced, oftendistinctive and recognisable hills or hill ranges, important backdrops to o<strong>the</strong>r landscape types,distinctive shapes, silhouettes, and skylines, with woodlands, steadings and o<strong>the</strong>r buildings wellrelatedto landform, and a lack of villages or larger settlements. This landscape type is alsocharacterised by a combination of steep sided, rugged, open landform and land cover on hills,and shallower, smoo<strong>the</strong>r, more vegetated and more intensively used lower slopes; medium tolarge-scale, open, simple, sloping, curved, quiet and balanced landscapes with smooth or variedtextures and muted colours. Advice for any new developments within this landscape category isthat isolated or sporadic or scattered development would be conspicuous and out of characterwith <strong>the</strong> landscape, and any development proposal on <strong>the</strong> upper or middle slopes should besubject to special scrutiny to ensure that it would not detract from <strong>the</strong> general open nature of <strong>the</strong>slopes. Fur<strong>the</strong>r to this, <strong>the</strong> document also advises that any new installations of masts, windturbines or o<strong>the</strong>r tall or industrial like structures should be avoided on all distinctive, recognisableand prominent hill tops, peaks or skylines, and that <strong>the</strong> potential to steer windfarm developmentsaway from exposed and steep ridgelines and summits and from locations where <strong>the</strong>ir visualinfluence would extend across <strong>the</strong> lowlands should be explored. Consideration should be givento potential areas within shallow bowls and valleys, away from ridges, maximise <strong>the</strong> amount ofbackclothing provided by <strong>the</strong> natural landform, and consider steering development to areasalready affected by masts, etc. It should however be noted that <strong>the</strong> application site lies adjacentto <strong>the</strong> Lowland Hills and Valleys which are characterised by <strong>the</strong> variety and subtlety of <strong>the</strong>landform with open, regular farmland patterns and extensive areas of plantations. Thedocument advises that <strong>the</strong>se areas, subject to appropriate design and siting, have <strong>the</strong> capacityto accommodate modest scale development and structures.3.3.7 The ASH study (2006) provides maps outlining Broad Areas of Search of which <strong>the</strong>Clentrie Farm site is included in that area of search. The study was commissioned to produce adefinitive area of search subdivided into areas where particular ranges of turbine heights couldbe accommodated without significant landscape effects based upon <strong>the</strong> landscape’s capacity toaccept <strong>the</strong>m. This approach was adopted to positively direct <strong>the</strong> renewables industry topotentially acceptable locations with an early indication of <strong>the</strong> appropriate scale of developmentin <strong>the</strong>se locations from a landscape capacity standpoint. Overall, <strong>the</strong> study has identified thoseareas within a strategic area of Fife which may have <strong>the</strong> potential to accommodate some windfarm development and which would involve least impact in terms of potential adverse landscapeeffects. The study evaluation was fur<strong>the</strong>r guided by <strong>the</strong> objectives and guidelines for <strong>the</strong> variouslandscape areas within Fife established by <strong>the</strong> 1999 Fife Landscape Character Assessmentdocument. The ASH study advice for Medium, small extent developments (i.e. turbines of 50-100m consisting of 1-5 turbines) such as this proposal at Clentrie Farm (located within <strong>the</strong>defined Pronounced Volcanic Hills and Crags landscape character area), is that such adevelopment scenario may result in minor potential effects on <strong>the</strong> landscape (e.g. <strong>the</strong> landscapecharacter has a moderate sensitivity to such a development scenario, would result in minorpotential effects, would not be potentially significant, and has capacity to accommodate a windfarm). The study does however state that it should not be automatically followed that adevelopment will be unacceptable in a landscape character area where significant effects arepredicted as individual proposals may be tailored to <strong>the</strong> constraints of individual sites, andmitigation measures may be proposed.3.3.8 The SNH document on Siting and Designing Windfarms in <strong>the</strong> Landscape (2009) providesadvice and guidance to help guide windfarms towards those landscapes best able toaccommodate <strong>the</strong>m and to advise on how windfarms can be designed to best relate to <strong>the</strong>irsetting and minimise landscape and visual impacts. It provides advice on matters forconsideration such as landscape and visual assessments, design, scale, layout, colour and18


siting as well as providing additional guidance for <strong>the</strong> consideration of o<strong>the</strong>r typical ancillaryfeatures associated with such developments.3.3.9 The Clentrie Farm site is not subject to any national landscape designations and <strong>the</strong>refore<strong>the</strong> assessment of <strong>the</strong> application has concentrated on <strong>the</strong> landscape/visual impacts on <strong>the</strong>surrounding countryside, nearby settlements, <strong>the</strong> Local Landscape Area (LLA) and key viewsfrom public roads.3.3.10 The submitted Environmental Statement (ES) advises that a landscape and visualassessment has been undertaken in accordance with <strong>the</strong> relevant EIA regulations. The aims of<strong>the</strong> assessment process were to ascertain <strong>the</strong> best environmental fit for <strong>the</strong> developmentthrough <strong>the</strong> consideration of <strong>the</strong> existing landscape resource, <strong>the</strong> potential landscape and visualeffects, design alternatives and any mitigation that might be possible. The assessment processreferred to landscape value, landscape designations, related <strong>planning</strong> policy, as well aslandscape character and capacity for windfarm developments at this site. Consideration by <strong>the</strong>applicants has also been given to <strong>the</strong> potential cumulative effects. The turbines would be sitedat ground heights of approximately 130m AOD.3.3.11 In assessing <strong>the</strong> potential landscape and visual effects, <strong>the</strong> ES advises that <strong>the</strong>landscape and visual impact assessment restricted <strong>the</strong> study area to <strong>the</strong> site, access routes, and<strong>the</strong> potential Zones of Theoretical Visibility (ZTV) from where <strong>the</strong>re may be a view of <strong>the</strong>development at up to 30km distance from <strong>the</strong> site centre. The cumulative landscape and visualimpact assessment carried out considered existing wind energy developments (approved andundetermined applications) within a 60km radius. Some pre-application developments wereconsidered where information was publicly available. The assessments were also accompaniedby an analysis of a computer model of <strong>the</strong> proposed wind turbines and <strong>the</strong> existing landform toproduce ZTV graphics, wireframes and photomontages of <strong>the</strong> proposed developments. ZTV'swere produced for 100m to blade tip analysis and for 64m hub height analysis. It should benoted that <strong>the</strong> ZTV analysis is representative of <strong>the</strong> potential visibility of <strong>the</strong> wind turbines,assuming bare ground conditions (i.e. <strong>the</strong>y take no account of screening from buildings,hedgerows, plantations etc. and do represent a worst-case scenario). The wireframe andphotomontage graphics submitted provide an indication of <strong>the</strong> proposed development, as itwould appear in <strong>the</strong> landscape once constructed and are included in <strong>the</strong> submitted ES.3.3.12 In terms of landscape design considerations, <strong>the</strong> ES advises that <strong>the</strong> site lies within Zone2 (Medium natural heritage sensitivity) of SNH's Strategic Locational Guidance for OnshoreWind Farms document (updated March 2009). Zone 2 identifies areas with some sensitivities towindfarms but advises that through careful choice of location within <strong>the</strong>se areas <strong>the</strong>re is oftenscope to accommodate development of an appropriate scale, siting and design (again havingregards to cumulative effects) in a way which is acceptable in natural heritage terms.3.3.13 In terms of reducing or minimising landscape and visual impacts, <strong>the</strong> ES advises thatpotential impacts associated with such developments were considered and factored into <strong>the</strong>scheme. During <strong>the</strong> construction phases <strong>the</strong> potential landscape and visual effects likely tooccur may result from <strong>the</strong> visibility of construction activity, <strong>the</strong> use of temporary lay down areas,<strong>the</strong> erection of site compounds, loss of land to development and <strong>the</strong> new site access track. Inthis instance, all temporary features would be removed and land restored upon completion of <strong>the</strong>construction process. During <strong>the</strong> operational phases <strong>the</strong> presence of <strong>the</strong> turbines (introducingmovement to <strong>the</strong> landscape), a new access track and associated switchgear building would be<strong>the</strong> potential impacts.19


3.3.14 In terms of sensitivity of <strong>the</strong> local landscape character, <strong>the</strong> ES advises that <strong>the</strong> applicationsite is in a transition zone which sits between <strong>the</strong> higher summits of <strong>the</strong> Cullaloe Hills to <strong>the</strong>south and <strong>the</strong> urbanised valley to <strong>the</strong> north. The site is located within an area of PronouncedVolcanic Hills and Crags which has a high landscape sensitivity and <strong>the</strong>re would be significantindirect effects on <strong>the</strong> landscape character area. With regards to <strong>the</strong> magnitude of effect on <strong>the</strong>local landscape character, <strong>the</strong> ES concludes that <strong>the</strong>re would be significant indirect landscapeeffects on <strong>the</strong> Cullaloe Hills LLA as well as Benarty Hill LLA. However, no indirect effects werefound on any of <strong>the</strong> o<strong>the</strong>r designated landscape or HGDL's due to <strong>the</strong> relatively small footprint of<strong>the</strong> development.3.3.15 With respect to visual effects, <strong>the</strong> ZTV illustrates that <strong>the</strong> existing topography limits viewsalong <strong>the</strong> sou<strong>the</strong>rn coastline of Fife where <strong>the</strong> Cullaloe Hills would screen <strong>the</strong> turbines. Visibilityis concentrated around <strong>the</strong> area immediately to <strong>the</strong> north of <strong>the</strong> site along <strong>the</strong> A92 trunk roadcorridor between Cowdenbeath and Glenro<strong>the</strong>s. The ES advises that although <strong>the</strong> coverage isfairly widespread across <strong>the</strong> study area, <strong>the</strong>re are no constant views with <strong>the</strong> turbines oftencoming in and out of sight. Much of <strong>the</strong> visibility after 10km is from ei<strong>the</strong>r upland areas where<strong>the</strong> turbines will be viewed as part of <strong>the</strong> developed lowlands or from <strong>the</strong> o<strong>the</strong>r side of <strong>the</strong> Firthof Forth where <strong>the</strong> turbines will be seen sitting on <strong>the</strong> horizon but will be partially screened by<strong>the</strong> Cullaloe Hills. Views of <strong>the</strong> proposed turbines will be mainly within 4km around <strong>the</strong> sitealong areas of <strong>the</strong> A92 and upland areas such as <strong>the</strong> Lomond Hills, Knock Hill and Benarty Hill.3.3.16 The ES advises that <strong>the</strong> key visual effects to be addressed are visual effects on <strong>the</strong> viewsexperienced by local communities, users of footpaths and general recreational areas/touristdestinations and road users along key transport routes. The ES contains <strong>the</strong> full list ofviewpoints selected. In summary, <strong>the</strong> ES concluded that out of <strong>the</strong> 11 viewpoints selected <strong>the</strong>sensitivity ratings of each varied with 9 considered to be of high sensitivity, and 2 medium. Withregards to magnitude, <strong>the</strong> ratings of each varied with 3 considered to be of high magnitude, 5 -low, and 3 - negligible. In terms of significance, <strong>the</strong> ratings varied with 3 considered to be ofhigh significance, 5 - medium, 2 - low, and 1 - negligible. The ES states that significant visualeffects would be unlikely to occur at distances beyond 2km.3.3.17 In conclusion, <strong>the</strong> ES advises that it is considered that <strong>the</strong> landscape does have <strong>the</strong>capacity to absorb <strong>the</strong> proposed development without significant adverse effects on <strong>the</strong> existinglandscape character and quality of <strong>the</strong> area. The landscape impacts, within <strong>the</strong> character areassurrounding <strong>the</strong> site, are predominately considered to be of low/medium significance. In termsof visual effects, <strong>the</strong> proposal may have a high visual impact on <strong>the</strong> settlement of Auchtertool aswell as form 3 of <strong>the</strong> 11 viewpoints (Little Raith Farm, B925 and Shawsmill). From more distantviewpoints, <strong>the</strong> visual impact is significantly reduced due to <strong>the</strong> distance to <strong>the</strong> project. Overall,<strong>the</strong> landscape and visual effects are considered to be of medium significance.3.3.18 In assessing <strong>the</strong> proposal, SNH have provided some comments on <strong>the</strong> informationsubmitted in support of <strong>the</strong> application and advise that in <strong>the</strong> photomontage VP05 (fromGlenro<strong>the</strong>s golf course) <strong>the</strong> Mossmorran plant is not noticeable as it is obscured by trees, but inreality is prominent. It appears that <strong>the</strong> viewpoint has been microsited to avoid a "worst casescenario". They also advise that <strong>the</strong>re is no mention of <strong>the</strong> Kingdom of Fife CommunityWindfarm at Hill of Beath (11/03990/EIA) even although this application preceded <strong>the</strong> Clentriesubmission so it should have been taken into account in <strong>the</strong> cumulative assessment of thisapplication.3.3.19 With regards to <strong>the</strong> proposal itself, SNH have advised that <strong>the</strong>re will be significantadverse impacts on <strong>the</strong> views and visual amenity of residents of Auchtertool. They advise that20


<strong>the</strong> submitted visualisations and site visits show that <strong>the</strong> three turbines will be a dominantfeature of views from properties and from streets within and surrounding <strong>the</strong> settlement and that<strong>the</strong>ir elevated location would add to this dominance. Fur<strong>the</strong>rmore, <strong>the</strong> chimneys and plumes atMossmorran chemical works are currently visible on <strong>the</strong> skyline from in and around <strong>the</strong>settlement and <strong>the</strong> proposed Clentrie turbines would be seen in a different cone of view andwould appear at least three times as tall as <strong>the</strong> Mossmorran chimneys. SNH also advise that<strong>the</strong> visibility of Little Raith windfarm from <strong>the</strong> settlement itself is not clear but <strong>the</strong>se consentedturbines will definitely be prominent features in views from <strong>the</strong> road network surroundingAuchtertool and particularly dominant in views from <strong>the</strong> road to Lochgelly/A92. With regards topotential mitigation, SNH have advised that shorter turbines would be less dominant in viewsfrom Auchtertool but this would result in turbines that are substantially shorter than those at LittleRaith and thus could appear inconsistent and complex. There might, however, be capacity forshorter turbines if located fur<strong>the</strong>r to <strong>the</strong> south away from <strong>the</strong> Loch Gelly area.3.3.20 In response to SNH’s comments, <strong>the</strong> agent has submitted additional information includingrevised photomontages and cumulative ZTV which includes <strong>the</strong> Kingdom of Fife wind farm. Theapplicant’s landscape adviser considers that <strong>the</strong> turbines would not loom over <strong>the</strong> Auchtertooland would be in scale with <strong>the</strong> surrounding landscape. They advise that <strong>the</strong> development wouldsit behind a small ridge in <strong>the</strong> landscape not on top of it and as such this reduces <strong>the</strong> verticalscale of <strong>the</strong> turbines, with <strong>the</strong> lower sections of <strong>the</strong> towers screened in most views fromAuchtertool. At this distance from <strong>the</strong> edge of <strong>the</strong> settlement when visible, <strong>the</strong> turbines would bean obvious feature but would not control views or feel dominating. Viewpoint 2 in <strong>the</strong> ES shows aview from <strong>the</strong> B925 just east of Auchtertool where visibility would be most prominent and morevisible than from <strong>the</strong> settlement itself.3.3.21 With regards to landscape and visual impacts, <strong>the</strong> concerns expressed by SNH areshared by <strong>the</strong> Planning Authority. Whilst <strong>the</strong> proposal would be wholly and partially screened onan intermittent basis by topographical features, vegetation and built forms, both in a local contextas well as from more distant locations, and would be located in proximity to o<strong>the</strong>r man-madestructures (e.g. pylons, telecommunication masts and Mossmorran chemical works), <strong>the</strong>proposal would also be highly visible on a frequent intermittent basis when viewed from <strong>the</strong>immediate vicinity as well as from unobstructed/unscreened locations in <strong>the</strong> surrounding area.The proposal, in terms of its location, size, scale, number of turbines and its elevated uplandposition would significantly adversely affect <strong>the</strong> locally sensitive landscape, LLA and <strong>the</strong> visualamenity of Auchtertool where <strong>the</strong>y would be a dominant feature of views from dwellings andstreets within <strong>the</strong> village.3.3.22 Fur<strong>the</strong>r to <strong>the</strong> above, <strong>the</strong> proposal would also be visually conspicuous on, and visibleabove <strong>the</strong> skyline and adjacent wooded areas, and would have moving parts, which wouldintensify its influences. Overall, <strong>the</strong> proposal would not protect nor enhance nor be sympa<strong>the</strong>ticto <strong>the</strong> landscape quality of <strong>the</strong> area as is required by <strong>the</strong> policies and guidance outlined aboveand is <strong>the</strong>refore not considered acceptable for <strong>the</strong> above reasons.3.4 Cumulative Impact3.4.1 The SPP advises that <strong>planning</strong> authorities should take account of existing wind farms,those which have permission and valid applications for wind farms which have not beendetermined. The consideration of such an issue however will largely relate to <strong>the</strong> scale andproximity of <strong>the</strong>se fur<strong>the</strong>r developments and again <strong>the</strong> factors to be taken into account whenassessing this aspect of a proposal should be set out in <strong>the</strong> relevant Development Plan policiesand/or relevant supplementary guidance. The SPP also advises that decisions should not be21


unreasonably delayed because o<strong>the</strong>r schemes in <strong>the</strong> area are at a less advanced stage in <strong>the</strong>application process and <strong>the</strong> weight that <strong>planning</strong> authorities attach to undetermined applicationsshould reflect <strong>the</strong>ir position in <strong>the</strong> application process. The SPP also states that PlanningAuthorities should support <strong>the</strong> development of wind farms in locations where technology canoperate efficiently and environmental and cumulative impacts can be satisfactorily addressed.Policy R1 of <strong>the</strong> Approved Structure Plan reiterates <strong>the</strong> above advice contained within <strong>the</strong> SPPbut also advises that where <strong>the</strong> limit of acceptable cumulative impact has been reached thatarea of search will be afforded significant protection.3.4.2 The Council's SPG advises that cumulative impact is becoming increasingly relevant to <strong>the</strong>assessment of wind turbine developments as more applications come forward. Such aphenomenon can arise where <strong>the</strong>re is an existing wind energy development and an extension isproposed or in <strong>the</strong> case where <strong>the</strong>re are proposals for o<strong>the</strong>r wind energy developments within<strong>the</strong> same area. Section 8.2 of <strong>the</strong> SPG advises that <strong>the</strong> inter relationship between individualturbines can have a key impact on <strong>the</strong> landscape as it can lead to massing and a visualimpression of concentrations of wind farm developments even when <strong>the</strong>y are in fact distant fromeach o<strong>the</strong>r. This is known as cumulative impact and will vary depending on whe<strong>the</strong>r a proposalis for a single turbine or a clustering or large wind farm and will also vary depending on <strong>the</strong>landscape setting in question. The potential for cumulative impacts to occur will be assessedbased upon; <strong>the</strong> effect a proposal will have on <strong>the</strong> physical fabric and on <strong>the</strong> character of <strong>the</strong>landscape, and, <strong>the</strong> effect a proposal will have on <strong>the</strong> visual amenity in terms of combinedvisibility (i.e. where several windfarms are within <strong>the</strong> observers arc of vision at <strong>the</strong> same time orwhere <strong>the</strong> observer has to turn to see various wind farms), or through <strong>the</strong> sequential effect (i.e.<strong>the</strong> features appear regularly and within short time lapses between, depending on speed oftravel and distance between <strong>the</strong> viewpoints or <strong>the</strong> features appear over long time lapsesbetween appearances, because <strong>the</strong> observer is moving very slowly and/or <strong>the</strong>re are largedistances between viewpoints).3.4.3 The SPG also advises that developers will be expected to demonstrate that proposals willnot result in such unacceptable impacts by producing a cumulative base plan of all known windenergy schemes within 60km of <strong>the</strong> proposed development but should consider and takeaccount of turbine developments over 15m in height that are operational, consented or are in <strong>the</strong><strong>planning</strong> process within a 30km radius. The SPG also makes reference to <strong>the</strong> SPP advice that aseparation distance of up to 2km from <strong>the</strong> edge of cities, towns and villages is recommended toguide developments to <strong>the</strong> most appropriate sites depending on local circumstances.3.4.4 Fife Council's document Onshore Wind Energy Strategy for Fife - Cumulative ImpactAssessment - Consultation Draft Report (November 2012); produced by Ironside Farrar, wasconsidered by Members of <strong>the</strong> Planning Committee on <strong>the</strong> 15th November 2012. The<strong>committee</strong> agreed that <strong>the</strong> document should be issued for wider consultation as part of <strong>the</strong>formal Main Issues Report consultation for <strong>the</strong> emerging Local Development Plan. In light ofthis, <strong>the</strong> document is considered to have some material weight when determining applicationsfor onshore wind energy proposals. The study considers <strong>the</strong> capacity of <strong>the</strong> Fife landscape toaccommodate onshore wind energy developments and <strong>the</strong>refore provides <strong>the</strong> most up to dateassessment available for Fife. It should also be noted that this document was produced after <strong>the</strong>application was lodged. The study was commissioned specifically to address cumulativelandscape and visual impacts of onshore wind turbines in Fife to help inform emerging <strong>planning</strong>strategy. The study objectives of <strong>the</strong> assessment were - to set out a clearer vision for wind farmdevelopment in Fife; review <strong>the</strong> existing landscape capacity study and areas of search;determine <strong>the</strong> thresholds of acceptable change and identify critical factors likely to limit22


development; and, set out a clear assessment methodology that can be used by <strong>the</strong> Council andkey stakeholders.3.4.5The study utilises guidance set out by SNH on cumulative impacts and determines <strong>the</strong>capacity of Fife's landscape character areas for onshore wind turbine development byassessing: Landscape character, Visual sensitivity and Landscape value. The report provides aproposed strategy for onshore wind energy in Fife by setting out recommendations forappropriate scales of development and setting out proposed limits of change in landscapecharacter areas to accommodate wind turbines. The spatial strategy as proposed in <strong>the</strong> study isbased on landscape character types/ areas and development types/ sizes and identifies: areaswith highest inherent capacity, areas with limited capacity, areas with no inherent capacity, areaswhere cumulative impact limits capacity. The study principally takes account of existing andconsented wind energy developments (categorised into size bands ranging from up to 25m toover 100m) but also looks at development proposals at <strong>planning</strong> application stage, including <strong>the</strong>subject application. The report bases development scenarios on landscape change typologies.Acceptable thresholds of landscape change are identified and are characterised as: a landscapewith no wind turbines, a landscape with occasional wind turbines, a landscape with wind turbinesand a wind turbine landscape.3.4.6 Table 6.2 and Figure 6.4 of this document highlights areas where cumulative impact limitsfur<strong>the</strong>r development. Table 6.2 recognises that several windfarms/turbines have beenconsented creating a Landscape with Wind Turbines in <strong>the</strong> lowland character areas betweenKirkcaldy and Dunfermline. In addition, <strong>the</strong>re are proposals for three o<strong>the</strong>r small clusters of verylarge turbines and two larger turbines. The proximity to each group, to settlements and o<strong>the</strong>rmore sensitive landscape character types <strong>the</strong>refore needs to be considered. The documentstates that <strong>the</strong> landscape character area inherently has a low capacity to accommodate medium(25m to


impacts, <strong>the</strong> assessment also considered o<strong>the</strong>r projects (both those constructed and underconstruction, those approved but not yet built, and those proposed (applications and scoping)but not yet determined) within 60km of <strong>the</strong> site. Cumulative ZTV maps and viewpoints were alsoproduced and viewpoint sites visited where o<strong>the</strong>r windfarm developments would be visible. Fulldetails of <strong>the</strong> o<strong>the</strong>r sites considered (including project status, type and distance from <strong>the</strong>application site) are included in <strong>the</strong> ES.3.4.10 The ES advises that significant cumulative effects were found from 4 of <strong>the</strong> viewpoints,<strong>the</strong> first 3 were close in viewpoints and were cumulative in relation to <strong>the</strong> Little Raith (Little RaithFarm, B925 and Shawsmill). Cumulative effects would also be experienced from Arthur's Seatdue to <strong>the</strong> number of wind turbine projects in <strong>planning</strong>. Overall, <strong>the</strong> ES concludes that from <strong>the</strong>assessment of cumulative visual effects relating to static viewpoints, <strong>the</strong> proposal is likely tocontribute a low to medium level of cumulative impact to views.3.4.11 An assessment of <strong>the</strong> potential for cumulative effects from all major tourist and transportroutes within <strong>the</strong> study area was also undertaken and includes <strong>the</strong> A92 between Dunfermlineand Glenro<strong>the</strong>s, <strong>the</strong> A909 between Burntisland and Kelty and <strong>the</strong> B925 between Crossgatesand Kirkcaldy. The ES concludes that <strong>the</strong> cumulative magnitude of change is considered to bemedium from both <strong>the</strong> A92 and B925 with medium to high levels of effect likely to beexperienced by road users on <strong>the</strong> A92, A909 and B925 public roads.3.4.12 SNH have advised that <strong>the</strong> most widespread impacts of this application are <strong>the</strong> potentialcumulative landscape and visual impacts of <strong>the</strong> Clentrie turbines with o<strong>the</strong>r consented andproposed schemes in <strong>the</strong> area and in particular in combination with <strong>the</strong> nine turbines underconstruction at Little Raith located about 2 km to <strong>the</strong> west. The Mossmorran chimney andassociated chemical works are also relevant as <strong>the</strong>y are highly visible in <strong>the</strong> local landscape.They have advised that whilst <strong>the</strong> actual extent of combined visibility is not fully clear from <strong>the</strong>submitted ZTV's or <strong>the</strong> LVIA, what is certain is that ei<strong>the</strong>r Clentrie or Little Raith, or both of <strong>the</strong>projects toge<strong>the</strong>r, will be seen in views from local settlements and from both major and minorroads. The greatest local impact is likely to be on views from <strong>the</strong> road network. They advisethat <strong>the</strong> turbines will be a dominant feature of views from <strong>the</strong> A92, A902, B925 and from <strong>the</strong>minor road just east of Loch Gelly. They will be seen as two distinct schemes and will beprominent and eye catching features. The difference in height will probably not be noticed as <strong>the</strong>schemes will be unlikely to be seen in <strong>the</strong> same cone of view from <strong>the</strong> same distance.3.4.13 The proposed 2 x 100m high turbines at Mossmorran (11/01807/FULL) and 4 x 125mhigh turbines at Hill of Beath (11/03990/EIA) lie within 5km and 8km respectively of <strong>the</strong>application site. SNH have advised that should <strong>the</strong>se schemes be consented, <strong>the</strong> proposedClentrie scheme would be <strong>the</strong> fourth distinctly separate windfarm within an area approximately10km x 2km. Local settlements such as Cowdenbeath, Lochgelly and Cardenden would bedominated by windfarm development and this in addition to <strong>the</strong> Mossmorran chemical workswhich is already a striking feature on <strong>the</strong> skyline from <strong>the</strong>se settlements. Members should notethat <strong>the</strong> 2 x 100m turbines at Mossmorran were approved in January 2012.3.4.14 With respect to cumulative impacts on <strong>the</strong> landscape character, SNH have advised thatwhilst <strong>the</strong> site is located within <strong>the</strong> Pronounced Volcanic Hills and Crags LCT, <strong>the</strong> site is only afew hundred metres from <strong>the</strong> boundary with <strong>the</strong> Lowland Hills and Valleys LCT (where LittleRaith is located), a relatively large scale landscape with existing vertical, industrial structures atMossmorran. They advise that <strong>the</strong> proposed Clentrie scheme is likely to be perceived as part of<strong>the</strong> Lowland Hills and Valleys LCT because <strong>the</strong> presence of turbines will become a keylandscape characteristic and a unifying feature between <strong>the</strong> two LCT's overriding any land use24


and topographic differences between <strong>the</strong> LCT's. They conclude that should Mossmorran and<strong>the</strong> Hill of Beath windfarm also be consented <strong>the</strong>n wind turbines would be <strong>the</strong> dominantlandscape characteristic of <strong>the</strong> Cowdenbeath and Lochgelly area.3.4.15 In this instance, <strong>the</strong> Planning Authority agrees with SNH’s assessment and considers that<strong>the</strong> proposal would have significant cumulative impacts with both Little Raith windfarm(11/03990/EIA) and <strong>the</strong> 2 approved Mossmorran turbines (11/01807/FULL) particularly on viewsfrom <strong>the</strong> road network. The development would be seen as a distinct scheme sitting on higherground away from <strong>the</strong> wind turbine cluster at Mossmorran.3.5 Ecology/Ornithology3.5.1 The SPP (Landscape and Natural Heritage) advises that if a development proposal couldhave a significant impact on an SPA that an "appropriate assessment" should be carried out(see section 2.0 above). It also allows for <strong>the</strong> designation of local sites of nature conservationvalue. The SPP also repeats <strong>the</strong> guidance that is an inherent part of <strong>the</strong> Habitats Directive; that<strong>planning</strong> permission should not be granted for any development that would have an adverseimpact on a protected species unless <strong>the</strong>re is no satisfactory alternative and <strong>the</strong>re is an overridingneed for <strong>the</strong> development in <strong>the</strong> public interest. With specific regard to wind turbinedevelopments, <strong>the</strong> SPP advises that <strong>the</strong> likely impacts on natural heritage should be taken intoaccount. SNH Policy Statement 02/02 (2005) provides SNH's broad overview of where <strong>the</strong>re islikely to be greatest scope for wind turbine developments and where <strong>the</strong>re are <strong>the</strong> mostsignificant constraints in natural heritage terms. It is emphasised, at <strong>the</strong> strategic scale at whichit is presented, <strong>the</strong> guidance cannot be prescriptive at <strong>the</strong> level of an individual site. Levels ofsensitivity of sites are categorised in 3 broad zones of lowest, medium and high sensitivity areas.3.5.2 Policy ENV2 of <strong>the</strong> Approved Structure Plan advises that development, ei<strong>the</strong>r individuallyor in combination with o<strong>the</strong>r proposals, likely to have a significant effect on a designated orproposed Natura 2000 (SPA or SAC) and/or Ramsar site will be subject to an AppropriateAssessment of <strong>the</strong> implications for <strong>the</strong> site's conservation objectives. Development will only bepermitted where <strong>the</strong> assessment concludes that it will not adversely affect <strong>the</strong> integrity of <strong>the</strong>site; or, <strong>the</strong>re are imperative reasons of overriding public interest, including those of a social oreconomic nature and <strong>the</strong>re are no alternative solutions. Policy ENV3 of <strong>the</strong> Approved StructurePlan advises that development, ei<strong>the</strong>r individually or in conjunction with o<strong>the</strong>r proposals, whichwould affect a designated or proposed national site such as an SSSI will only be permittedwhere ecological appraisals have demonstrated to <strong>the</strong> satisfaction of <strong>the</strong> Planning Authority that<strong>the</strong> overall objectives of designation and <strong>the</strong> overall integrity of <strong>the</strong> designated area would not becompromised; or, any adverse effects on <strong>the</strong> qualities for which <strong>the</strong> area has been designatedare clearly outweighed by social or economic benefits of national importance. Policy ENV4 of<strong>the</strong> Approved Structure Plan advises that where development has <strong>the</strong> potential to impact oninternational, national, regional or locally important sites and species, applicants will be requiredto submit an ecological appraisal of <strong>the</strong> proposal detailing how any impact will be minimised ormitigated for. Developers are required to consider <strong>the</strong> impact of <strong>the</strong>ir proposals on natureconservation interests and to take appropriate measures to maintain and, where possible,enhance this interest.3.5.3 Policies E21, E22 and E23 of <strong>the</strong> Adopted Local Plan seek to protect any national or localsites designated for <strong>the</strong>ir nature conservation interest and also to protect any valuable wildlifehabitats. The site is not designated for any specific nature or ecology related purpose and<strong>the</strong>refore <strong>the</strong> element of <strong>the</strong> policies that apply here are <strong>the</strong> parts relating to <strong>the</strong> protection ofvaluable wildlife habitats and/or any protected species.25


3.5.4 The nearest nationally designated site is Camilla Loch SSSI which is locatedapproximately 200 metres to <strong>the</strong> south west with <strong>the</strong> Firth of Forth SPA/SSSI/Ramsar sitelocated approx 6.5km away to <strong>the</strong> east and Loch Leven SPA/SSSI/Ramsar site approx 10kmaway to <strong>the</strong> north west.3.5.5 An Ecological Impact Assessment (covering ecological and ornithological assessments) inorder to determine <strong>the</strong> potential effects <strong>the</strong> development may have on <strong>the</strong> nature conservationinterests on and around <strong>the</strong> site and sets out <strong>the</strong> scope of <strong>the</strong> surveys carried out and <strong>the</strong>assessment of significance that has been made based on <strong>the</strong>se surveys. The key findings from<strong>the</strong>se surveys are summarised below:- There are no habitats of conservation value presently on site however Camilla Loch SSSI isidentified as a sensitive area which presents biological features of regional and national interestincluding open mesotrophic loch, fens, springs, flushes and marshy grassland.- No impacts are anticipated on designated sites.- No signs of otters were found within <strong>the</strong> survey area.- No evidence of badger activity within <strong>the</strong> study area.- No bat activity was recorded over open land or in <strong>the</strong> vicinity of <strong>the</strong> proposed turbine locations.- Forty species of bird were recorded as potentially breeding within or near <strong>the</strong> survey areahowever none of <strong>the</strong>se species are specially protected.- Detailed winter bird surveys were undertaken in accordance with SNH guidance. No geesewere recorded foraging anywhere on site.- The vantage point surveys recorded a total of 27 flights of pink footed geese and one ofgreylag, with an average of 26 birds per annum, at collision risk height (mortality rate).3.5.6 In assessing this proposal, both SNH and Fife Council's Natural Heritage officer wereconsulted. SNH have advised that <strong>the</strong>y have no objection to <strong>the</strong> proposed development onecological/habitat interests but have advised that Fife Council needs to be content that <strong>the</strong>proposed SUDs scheme would be adequate to offset any potential negative impact on <strong>the</strong> waterquality of Camilla Loch. Fife Council's Natural Heritage officer notes that <strong>the</strong> possible impactsupon species associated with <strong>the</strong> Firth of Forth and Loch Leven SPA's have been taken intoconsideration and advises that SNH will need to provide advice on any potential effects onCamilla Loch SSSI. They also advise that <strong>the</strong> mitigation measures identified in section 6.10 of<strong>the</strong> ES with respect to habitats and vegetation should be secured.3.5.7 RSPB have commented on <strong>the</strong> ornithological assessments and have advised that <strong>the</strong>yobject to this proposal as <strong>the</strong>y have concerns regarding <strong>the</strong> quality and accuracy of <strong>the</strong>assessment of <strong>the</strong> potential impacts of <strong>the</strong> proposed development on <strong>the</strong> qualifying interests of<strong>the</strong> Loch Leven and Firth of Forth SPA's. The agent provided additional ornithologicalinformation including <strong>the</strong> collision risk modelling and whilst RSPB acknowledge that <strong>the</strong>additional information provided alleviates many of <strong>the</strong>ir concerns, <strong>the</strong>y still require clarification oncertain points and consider that cumulative impacts assessments are needed. They also advisethat Fife Council should undertake an Appropriate Assessment.3.5.8 With regard to <strong>the</strong> specific SPA bird populations, SNH also advise that an AppropriateAssessment should take place but have advised that based on <strong>the</strong> information provided <strong>the</strong>development would not adversely affect <strong>the</strong> integrity of ei<strong>the</strong>r <strong>the</strong> Firth of Forth or Loch LevenSPA sites. This matter has been dealt with in more detail in section 2.0 above.26


3.5.9 The proposed development is <strong>the</strong>refore considered to comply with both National andDevelopment Plan policy on such matters as it would not significantly affect European, nationalor local ecological or ornithological interests identified ei<strong>the</strong>r within or outwith <strong>the</strong> site, it wouldnot significantly impact on any protected species or <strong>the</strong> wider qualifying interests identified, norwould it detrimentally affect <strong>the</strong> nature conservation of this area of Fife as a whole.3.6 Noise3.6.1 The SPP (Renewable Energy) advises that wind turbines be assessed against <strong>the</strong>irpotential impacts on communities including noise and shadow flicker. These are <strong>the</strong> two keymeasurable impacts relating to <strong>the</strong> impact on individual householders. Policy R1 of <strong>the</strong>Approved Structure Plan advises that wind turbine proposals should be sited to minimise impacton communities and <strong>the</strong> potential impact of noise and shadow flicker should be taken in toaccount in <strong>the</strong> assessment. Fife Council’s SPG on Wind Energy states that <strong>the</strong> proximity of <strong>the</strong>turbines to sensitive properties will be evaluated using <strong>the</strong> up to 2 km distance buffer outlined in<strong>the</strong> SPP as a guide, but also stresses that every application should be treated on its own merits.3.6.2 PAN 1/2011 establishes <strong>the</strong> best practice and <strong>the</strong> <strong>planning</strong> considerations to be taken intoaccount with regard to developments that may generate noise, or developments that may besubject to noise. Noise from a turbine comes from two main sources; <strong>the</strong> mechanical noise from<strong>the</strong> turbine itself and <strong>the</strong> aerodynamic noise from <strong>the</strong> movement of <strong>the</strong> blades and is generallygreatest at low speeds. Blade noise is often heard as a 'thump' or 'swish' related directly to <strong>the</strong>speed of <strong>the</strong> rotational movement of <strong>the</strong> blade (sometimes referred to as tonal noise). Withregard to wind turbines, PAN 1/2011 advises that good acoustical design and siting of turbines isessential to minimise <strong>the</strong> potential to generate noise. There should be no significant increase inambient noise levels as <strong>the</strong>y affect <strong>the</strong> environment and any noise sensitive property.3.6.3 The Annex to PAN 45 indicates that noise impacts should be taken into account. PAN1/2011 recommends <strong>the</strong> use of ETSU-R-97 as a means of assessing <strong>the</strong> noise impact from awind farm. ETSU-R-97 entitled The Assessment and Rating of Noise from Wind Turbinesdescribes a framework for <strong>the</strong> measurement of wind farm noise and gives indicative noise levelsthought to offer a degree of protection to neighbours without placing unreasonable restrictions orburdens on operators or local authorities. It is recommended that noise limits should be appliedto external locations used for relaxation or where a quiet environment is highly desirable. Theselimits should be set relative to background noise and should reflect <strong>the</strong> variation in both turbinesource noise and background noise with wind speed. However, it is not necessary to use amargin above background noise in particularly quiet areas as such low limits are not necessaryin order to offer a reasonable degree of protection to wind farms neighbours.3.6.4 ETSU advises that <strong>the</strong> noise of a turbine should be assessed at a height of 10m in relationto various wind speeds. It advises that <strong>the</strong> operational noise of <strong>the</strong> turbine should be limited to aset dBLA90 or 5 dB (decibels) above <strong>the</strong> prevailing background noise level whichever is <strong>the</strong>greater. The prevailing background noise level is set by <strong>the</strong> calculation of a best-fit curvethrough <strong>the</strong> values of background noise plotted against wind speed as measured during <strong>the</strong>appropriate time period with background noise measured in terms of LA90. The LA90 is <strong>the</strong>noise level that is exceeded for 90% of <strong>the</strong> measurement period. It is recommended that at leastone week's worth of measurements are acquired. For night-time, <strong>the</strong> recommended noise limit isgiven as 43dB, or 5dB above <strong>the</strong> prevailing night-time background noise, whichever is <strong>the</strong>greater. For day-time hours, <strong>the</strong> suggested noise limits are 35-40dB or 5dB above <strong>the</strong> prevailingbackground noise as measured during <strong>the</strong> quiet daytime periods, whichever is <strong>the</strong> greater. Theactual value in <strong>the</strong> range is dependent upon 3 criteria; <strong>the</strong> number of dwellings in <strong>the</strong>27


neighbourhood; <strong>the</strong> effect of noise limits on <strong>the</strong> number of kWh generated and <strong>the</strong> duration andlevel of exposure. ETSU permits higher noise levels at night than during <strong>the</strong> day as <strong>the</strong>protection of external amenity areas becomes less important as <strong>the</strong> emphasis at this later time in<strong>the</strong> day should be on preventing sleep disturbance. It should also be noted that quiet daytimeperiods are defined as evenings from 1800 to 2300 Monday to Friday, and Saturday afternoonsfrom 1300 to 1800, and Sundays from 0700 to 1800, which are referred to as <strong>the</strong> amenity hours.Night time is defined as being between <strong>the</strong> hours of 2300 to 0700.3.6.5 Concern has been expressed in o<strong>the</strong>r <strong>planning</strong> application proposals at <strong>the</strong>appropriateness of <strong>the</strong> ETSU approach due in some part to <strong>the</strong> higher night-time level. A recentappeal decision involving Fife Council confirmed that ETSU remains <strong>the</strong> relevant noise guidancefor wind turbines as endorsed by <strong>the</strong> Scottish Government.3.6.6 In this particular case, a detailed noise assessment was submitted as part of <strong>the</strong> ES andconcludes that if Enercon E70 turbines were to be used, <strong>the</strong> windfarm would be expected tomeet <strong>the</strong> noise constraints for both <strong>the</strong> quiet daytime and night time periods at <strong>the</strong> nearest 3rdparty properties. It was concluded that this proposal would have a low noise impact onsurrounding properties. The ES <strong>the</strong>refore recommends that if <strong>the</strong> project were approved,suitable <strong>planning</strong> conditions should be formulated based on <strong>the</strong> background noise constraintsfound.3.6.7 Due to <strong>the</strong> nature of <strong>the</strong> proposal, Fife Council's Public Protection Team (EnvironmentalHealth officers) were consulted and have advised that <strong>the</strong>y concur with <strong>the</strong> conclusions of <strong>the</strong>noise assessment and have no objection as <strong>the</strong> proposal conforms with <strong>the</strong> relevant guidance(ETSU-R-97). In order to secure <strong>the</strong> residential amenity of nearby residential properties, officersduly recommend that a condition be imposed to ensure <strong>the</strong> proposal conforms to <strong>the</strong> derivedETSU limits.3.6.8 It is <strong>the</strong>refore considered that <strong>the</strong> proposed development would not harm <strong>the</strong> residentialsetting of neighbouring dwellings in terms of noise nuisance since <strong>the</strong> development would bewithin acceptable standards to conform to <strong>the</strong> derived ETSU limits. Should Committee resolveto approve <strong>the</strong> application <strong>the</strong>n appropriate conditions should be included in any future consentto ensure minimum disturbance to local residents occurs, and noise levels are monitored andappropriate measures put in place to address any impacts that exceed predictions.3.7 Shadow Flicker3.7.1 The SPP (Renewable Energy) and <strong>the</strong> Annex to PAN 45 both advise that wind turbinesshould be assessed against <strong>the</strong>ir potential impacts on communities and as such this includesshadow flicker. The SPP also recommends that up to a 2km separation distance should occurbetween sites and <strong>the</strong> edges of settlements but that decisions on individual developmentsshould still take into account <strong>the</strong> specific local circumstances and geography. Policy R1 of <strong>the</strong>Approved Structure Plan also advises that wind turbines should be sited to minimise impact oncommunities and <strong>the</strong> potential impact of shadow flicker should be taken in to account in <strong>the</strong>assessment. The SPG on Wind Energy mirrors this guidance and indicates that <strong>the</strong> proximity of<strong>the</strong> turbines to sensitive properties will be evaluated using <strong>the</strong> up to 2km distance as outlined in<strong>the</strong> SPP as a guide. The SPG also advises that turbines should not be sited so that <strong>the</strong>y causeshadow flicker at dwellings or o<strong>the</strong>r sensitive properties. However if a turbine must be sited in aparticular location, <strong>the</strong> timing of shadow flicker events can be calculated, and, if necessary andappropriate, <strong>planning</strong> conditions can specify turbines are shut down for specific time periods oro<strong>the</strong>r mitigation measures imposed as appropriate.28


3.7.2 Shadow flicker is a known effect of wind turbines. There is however no specific advice onhow to assess <strong>the</strong> impact. It is most significant where it affects residential properties and iscaused by <strong>the</strong> following factors. When <strong>the</strong>re is a low sun behind <strong>the</strong> rotating blades a shadow iscreated by <strong>the</strong> blades that cause light and dark shadows to be cast resulting in a distraction andannoyance to residences. A related strobe effect can be caused by <strong>the</strong> chopping of sunlightbehind <strong>the</strong> blades. Guidance on shadow flicker indicates that this effect occurs within 10 rotordiameters of <strong>the</strong> turbine. Beyond this distance <strong>the</strong> flicker becomes indistinct. Only propertieswithin 130 degrees ei<strong>the</strong>r side of north relative to <strong>the</strong> turbine would be affected and <strong>the</strong>n only atcertain times of <strong>the</strong> day and season depending on <strong>the</strong> position of <strong>the</strong> sun.3.7.3 In terms of <strong>the</strong> shadow flicker <strong>the</strong> submitted ES has assessed this issue and advises that<strong>the</strong>re are 6 key sensitive receptors (3 dwellings at Clentrie Farm, 2 dwellings at Little GlennistonFarm and <strong>the</strong> farmhouse at Glenniston Farm) within 10 rotor diameters from <strong>the</strong> nearest turbinein <strong>the</strong> zone of high sensitivity to shadow flicker. The shadow flicker assessment was carried outusing a computer model that provides a worst-case scenario and a more realistic based scenario(i.e. based on average sunlight hours for <strong>the</strong> area - on average year 34% of daylight hours aresunny, <strong>the</strong> rotor would turn for 90% of <strong>the</strong> time, and shadow flicker is reduced to 63% of <strong>the</strong>maximum possible if <strong>the</strong> wind turbine is assumed to be randomly yawed relative to <strong>the</strong> sunposition). Full details of <strong>the</strong> assessment are included in <strong>the</strong> submitted ES and are mappedshowing <strong>the</strong> hours per year any given area can expect to experience shadow flicker.3.7.4 In assessing <strong>the</strong> mapped computer model data, <strong>the</strong> ES advises that <strong>the</strong>re is potential forshadow flicker at Westfield Cottage, Westfield House and Glenniston Farmhouse. WestfieldCottage is predicted to receive <strong>the</strong> highest amount of <strong>the</strong>oretical shadow flicker at a total of 88hours per year whilst Westfield House would potentially experience 39 hours of <strong>the</strong>oreticalshadow flicker. The dwellings at Clentrie Farm to <strong>the</strong> south although located within <strong>the</strong> 10 rotordiameter boundary, fall in <strong>the</strong> zone free of shadow flicker magnitude, <strong>the</strong>refore <strong>the</strong> predictedimpact is negligible.3.7.5 It should however be noted that <strong>the</strong> overall effect would be influenced by wea<strong>the</strong>rconditions (cloud cover) and <strong>the</strong> direction of <strong>the</strong> hub at that time (wind direction). Interveningstructures and vegetation have also not been taken into account. These impacts are <strong>the</strong>refore<strong>the</strong> worst case scenario and as such do not reflect <strong>the</strong> amount of shadow flicker which isexpected to be caused by <strong>the</strong> operational turbines. The ES advises that once correction factorsare applied, <strong>the</strong> realistic shadow flicker impact would be 17 hours at Westfield Cottage, 7 hoursat Westfield House and 4 hours at Glenniston Farm per year. Based on <strong>the</strong> predictions of <strong>the</strong>overall impact of shadow flicker at all <strong>the</strong> properties within 10 rotor diameters from <strong>the</strong> nearestturbine, none of <strong>the</strong> properties are expected to experience an unacceptable level of shadowflicker impact.3.7.6 In this instance <strong>the</strong> proposal is considered acceptable as it would not significantlydetrimentally affect <strong>the</strong> amenity of neighbouring properties and would be within tolerablestandards. However, should Committee resolve to approve <strong>the</strong> application <strong>the</strong>n it isrecommended that a condition is imposed to ensure shadow flicker issues are controlled byprogramming <strong>the</strong> responsible turbine(s) to shut down in conditions conducive to shadow flicker.3.8 Cultural Heritage/Archaeology3.8.1 Under Sections 59(1) and 64(1) of <strong>the</strong> Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997, in determining <strong>the</strong> application <strong>the</strong> <strong>planning</strong> authority should pay special29


attention to <strong>the</strong> desirability of preserving or enhancing <strong>the</strong> character or appearance of <strong>the</strong>relevant designated area and should have special regard to <strong>the</strong> desirability of preserving aListed Building or its setting or any features of special architectural or historic interest which itpossesses.3.8.2 The SPP (Historic Environment) advises that development plans should include policies toprotect <strong>the</strong> setting of important sites that make up <strong>the</strong> historic environment. This includesancient monuments, archaeological sites, historic buildings, parks, designed landscaped. Inmost cases <strong>the</strong> historic environment can accommodate change (excluding archaeology) but<strong>the</strong>re will be some cases where <strong>the</strong> importance of <strong>the</strong> heritage asset is such that change maynot be possible. Development Plans should provide <strong>the</strong> framework for <strong>the</strong> protection,conservation and enhancement of all elements of <strong>the</strong> historic environment to allow <strong>the</strong>assessment of <strong>the</strong> impact of <strong>the</strong> proposed development on <strong>the</strong> historic environment and itssetting. SPP (Renewable Energy) advises that potential effects on <strong>the</strong> historic environment andbuilt heritage should also be considered, whilst <strong>the</strong> Scottish Historic Environment Policydocument sets out policy advice for proposals involving <strong>the</strong> historic environment.3.8.3 The SPP (Historic Environment) also advises that archaeological sites and monuments arean important, finite and non-renewable resource and should be protected and preserved in-situwherever feasible. The presence and potential presence of such assets should be considered.Where preservation in-situ is not possible, <strong>planning</strong> authorities should ensure developersundertake appropriate excavation, recording, analysis, publication and archiving before and/orduring development and professional archaeologists should be given access to inspect andrecord <strong>the</strong>m. PAN 2/2011 also provides fur<strong>the</strong>r advice and guidance on archaeological andScheduled Monument issues.3.8.4 Policies E8, E11 and E12 of <strong>the</strong> Adopted Local Plan seek to protect listed buildings andarchaeological sites. Policy ENV5 of <strong>the</strong> Approved Structure Plan also seeks to protect <strong>the</strong> builtenvironment. The SPG on Wind Energy advises that <strong>the</strong> historic and built environment shouldbe protected from insensitive and inappropriate forms of development. The Planning Authoritywill resist wind energy proposals that would harm built environment designations and areas ofhistoric significance including <strong>the</strong> landscape setting of historic settlements, important publicviews of <strong>the</strong>se settlements and prominent public views from <strong>the</strong>se settlements to <strong>the</strong>surrounding countryside.3.8.5 The submitted ES has assessed <strong>the</strong> potential impacts upon <strong>the</strong> settings of ScheduledAncient Monuments, Listed Buildings, and Historic Gardens and Designed Landscapes. The ESadvises that <strong>the</strong> setting of 'B' listed buildings was considered up to 3km from <strong>the</strong> site while highlysensitive receptors such as 'A' listed buildings, Scheduled Ancient Monuments (SAM) andHistoric Gardens and Designed Landscapes (HGDL) were considered up to 10km away. Theanalysis also used ZTV data to assess <strong>the</strong> potential <strong>the</strong>oretical views of <strong>the</strong> proposed turbines.An assessment of significance of any direct or indirect impact on any site was considered aswas <strong>the</strong> magnitude of effect and sensitivity to define <strong>the</strong> overall significance of impact.3.8.6 Two sites noted on <strong>the</strong> National Monuments Record of Scotland were found within 200m of<strong>the</strong> proposed turbine locations and as such <strong>the</strong> proposed layout avoids <strong>the</strong>se sites. One HistoricGardens and Designed Landscape (Raith House and Beveridge Park located 800m to <strong>the</strong> east)and 10 'B' listed buildings were situated within 3km of <strong>the</strong> site. Within a 10km radius of <strong>the</strong> site,34 'A' listed buildings have been identified (4 of which were also recorded as being ScheduledAncient Monuments). Six fur<strong>the</strong>r HGDL's and 21 Scheduled Ancient Monuments were alsorecorded within <strong>the</strong> 10km radius. The ES advises that <strong>the</strong> majority of <strong>the</strong>se sites are outwith <strong>the</strong>30


ZTV <strong>the</strong>refore no <strong>the</strong>oretical views of <strong>the</strong> turbines are predicted. The proposal may be visible orpartially visible from 4 of <strong>the</strong> 'A' listed buildings, 5 of <strong>the</strong> 'B' listed buildings, 4 of <strong>the</strong> HGDL's and6 SAM. Fur<strong>the</strong>r assessments were carried out (an evaluation of effects on each of <strong>the</strong> sites - asoutlined in <strong>the</strong> ES) and it was concluded that in most instances <strong>the</strong> sites would be screened from<strong>the</strong> development (vegetation, built form, topography etc), would be suitably distant, or wouldhave minimal views that were considered to be negligible in terms of impacting upon <strong>the</strong>irsetting. In cases where <strong>the</strong> proposed wind farm will be visible from cultural features, <strong>the</strong> ESadvises that Mossmorran Chemical Works already contributes to general character of <strong>the</strong> viewand as such <strong>the</strong> proposed turbines would have a negligible impact on <strong>the</strong>ir setting. Overall, <strong>the</strong>ES has concluded that <strong>the</strong>re would be no significant impacts on <strong>the</strong> wider setting of <strong>the</strong> relevantprotected sites and areas listed above.3.8.7 In assessing this proposal Historic Scotland advised that <strong>the</strong>y have no objection to <strong>the</strong>proposal. They are also content to agree with <strong>the</strong> findings of <strong>the</strong> ES with regards to potentialimpacts on <strong>the</strong> settings of Scheduled Ancient Monuments, Listed Buildings, Historic Gardensand Designed Landscapes; in that <strong>the</strong>re are unlikely to be any significant impacts on <strong>the</strong>sehistoric features of national importance.3.8.8 With respect to archaeology, <strong>the</strong> Council's archaeologist has advised that no significantsites, monuments or deposits were recorded in or adjacent to <strong>the</strong> site, and that <strong>the</strong> potential toencounter unrecorded features within <strong>the</strong> development site is also considered to be low. Whilst<strong>the</strong>re is a couple of 18th century farm sites close by, <strong>the</strong>se have been ploughed over since <strong>the</strong>late 19th century and are not directly impacted by <strong>the</strong> proposed development. As such, <strong>the</strong>yhave no objection and do not recommend any conditions.3.8.9 Given <strong>the</strong> above, it is considered that <strong>the</strong> proposed development would not adverselyaffect any sites or areas of historic or cultural interest in this particular case and would satisfy <strong>the</strong>relevant policy provisions of <strong>the</strong> Development Plan and related National Guidance.3.9 Hydrology/Hydrogeology3.9.1 The SPP (Flooding and Drainage) advises that development that would be affected byflooding or would have an impact on flooding elsewhere should not be permitted. PAN69 andPAN79 provide fur<strong>the</strong>r advice and guidance on water, drainage and flooding issues. Policy SS1of <strong>the</strong> Approved Structure Plan advises that development should be avoided in areas at risk offlooding. Policy I4 of <strong>the</strong> Adopted Local Plan also reflects <strong>the</strong>se same principles whilst PolicyE20 seeks to protect <strong>the</strong> ecological status of wetlands and watercourses. Fife Council'sGuidance Note on Flooding and Drainage Issues in Relation to Planning and Developmentprovides fur<strong>the</strong>r advice on <strong>the</strong>se issues.3.9.2 The ES addresses <strong>the</strong> wider impact of <strong>the</strong> development in terms of water supplies andquality, hydrogeological, hydrological, flooding and drainage interests and also considered <strong>the</strong>potential effects <strong>the</strong> proposal may have if approved. The assessments considered both on siteevaluations as well as those of <strong>the</strong> wider area (within a 1.2km buffer zone outwith <strong>the</strong> site) given<strong>the</strong> existence of a small number wells, burns and springs as well as dispersed dwellings in <strong>the</strong>area. None of <strong>the</strong> turbines would be located within <strong>the</strong> immediate proximity of any surface waterfeature or drainage system and none are located within any area deemed to be at risk offlooding.3.9.3 The ES advises that <strong>the</strong> potential impact of <strong>the</strong> proposals on water quality is minimal butrecommends a wide range of measures aimed at preventing water pollution during <strong>the</strong>31


construction, operation and decommissioning phases (including <strong>the</strong> use of Sustainable UrbanDrainage systems, <strong>the</strong> formation and implementation of a Pollution Incident Response Plan and<strong>the</strong> appropriate storage and management of any oil or fuel or chemicals etc). The ES alsooutlines <strong>the</strong> predicted impacts and effects at all 3 stages of this proposal. The majority ofpotentially significant negative impacts on water quality are only predicted to occur in <strong>the</strong> shortterm (potential increased sedimentation and pollution during <strong>the</strong> construction phases). Theadoption of best practice management and control procedures and <strong>the</strong> implementation of <strong>the</strong>mitigation methods proposed will bring <strong>the</strong>se risks down to acceptable levels.3.9.4 SEPA, Scottish Water and <strong>the</strong> Council's Infrastructure Team were consulted howevernei<strong>the</strong>r SEPA nor Scottish Water has expressed any views on <strong>the</strong> proposed development to <strong>the</strong>Planning Authority through <strong>the</strong> consultation process. The Council's Infrastructure Team haverecommended that full details of surface water drainage and any SUDs provisions should besubmitted.3.9.5 In this instance <strong>the</strong> proposal is considered acceptable as it would not detrimentally affecthydrological, hydrogeological interests or water supplies locally provided <strong>the</strong> aboverecommended mitigation measures are implemented. Should Committee be mindful to approve<strong>the</strong> application <strong>the</strong>n it would be sensible to include <strong>the</strong> proposed mitigation measures asconditions in order to protect local hydrological interests.3.10 Road Safety3.10.1 The SPP (Transport) advises that decisions on new developments should take account of<strong>the</strong> existing transport network and environmental and operational constraints. PAN75 alsoprovides fur<strong>the</strong>r guidance and advice for general transport related issues. Policy T1 of <strong>the</strong>Approved Structure Plan requires new developments to be accessible to <strong>the</strong> public transportnetwork and to be located where road network capacity is available. Fife Council's SPG onWind Energy also provides guidance with regards to <strong>the</strong> minimum siting distances from adjacentroadways and refers to concerns that turbines may cause visual distractions. Policy T1 of <strong>the</strong>Adopted Local Plan advises that development proposals will be supported where road capacityin <strong>the</strong> network exists and <strong>the</strong>y do not exacerbate a road safety problem.3.10.2 In this case, Transport Scotland have advised that <strong>the</strong>y have no objection to <strong>the</strong> proposeddevelopment since <strong>the</strong> increase in traffic on <strong>the</strong> truck road would be negligible and as such <strong>the</strong>proposed development is unlikely to cause any environmental impact on <strong>the</strong> trunk road network.Fife Council's Transport Planning and Development Management team have advised that during<strong>the</strong> construction phase, <strong>the</strong>re will be a significant amount of turning manoeuvres undertaken bylarge vehicles, vans and cars for a 3 to 4 month period at <strong>the</strong> junction of <strong>the</strong> existing access and<strong>the</strong> B925 public road. The supporting statement specifies <strong>the</strong>re will be 440 lorry trips to andfrom <strong>the</strong> site and 310 light van/car trips to and from <strong>the</strong> site during <strong>the</strong> 3 to 4 month constructionperiod. The busiest periods are for one week during <strong>the</strong> aggregate deliveries and for 3 daysduring <strong>the</strong> concrete foundation works during which <strong>the</strong>re will be approximately 50 HGV'saccessing <strong>the</strong> site per day.3.10.3 According to <strong>the</strong> current Fife Council Transportation Development Guidelines, visibilitysplays 6m x 180m should be provided and maintained clear of all obstructions exceeding onemetre in height above <strong>the</strong> adjoining road channel level, at <strong>the</strong> junction of <strong>the</strong> construction trafficaccess and <strong>the</strong> public road. Fife Council's transportation officers have advised that <strong>the</strong> actualoncoming splay that can be provided for vans and cars using <strong>the</strong> access is approximately 6m x80m as a combination of <strong>the</strong> gradient of <strong>the</strong> access, <strong>the</strong> geometry of <strong>the</strong> public road (bend and32


slight dip in <strong>the</strong> carriageway) and <strong>the</strong> height of verge/field boundary wall on <strong>the</strong> south side of <strong>the</strong>carriageway obstruct visibility in this direction. They have advised that <strong>the</strong> oncoming visibilitysplay would only be available for lorry drivers since <strong>the</strong>y would be sitting significantly higher in<strong>the</strong>ir cabs and can see over <strong>the</strong> boundary wall, etc. With regards to visibility in <strong>the</strong> easterndirection, a splay of only 6m x 50m can be achieved due to a combination of <strong>the</strong> blind summit in<strong>the</strong> public road and <strong>the</strong> field boundary wall obscuring visibility in this direction.3.10.4 Transportation officers have concluded that <strong>the</strong> proposals are unacceptable since <strong>the</strong>ywill result in a significant amount of vehicular turning manoeuvres during <strong>the</strong> 3 to 4 monthconstruction phase at an access with sub-standard visibility splays in both directions increasing<strong>the</strong> probability of accidents occurring to <strong>the</strong> detriment of road safety.3.10.5 In response to transportation’s concerns, <strong>the</strong> agent proposed to install temporary trafficlights during <strong>the</strong> busiest periods of delivery (two week period during <strong>the</strong> deliveries of <strong>the</strong>aggregate for <strong>the</strong> track and hardstandings and delivery of <strong>the</strong> concrete). Transportation haveadvised that this mitigation would not overcome <strong>the</strong>ir reasons for refusal of <strong>the</strong> application. Theyhave advised that <strong>the</strong> proposed mitigation measures would be unacceptable for <strong>the</strong> followingreasons:- It would set a precedent, where in an instance that a major construction access was deemedunacceptable for visibility splay reasons, <strong>the</strong>n <strong>the</strong> free flow of traffic would be interrupted ondistributor roads by <strong>the</strong> provision of temporary traffic lights just to facilitate development.- Generally temporary traffic signals are only permitted on rural distributor roads to facilitaterepairs to public road infrastructure or for utility repairs/upgrades.- The roads management department which oversees <strong>the</strong> public road network have advised that<strong>the</strong>y would not grant permission for temporary traffic signals for <strong>the</strong> construction access for <strong>the</strong>proposed wind turbines. In addition, <strong>the</strong>y have stated that due to <strong>the</strong> geometry of <strong>the</strong> road to <strong>the</strong>east of <strong>the</strong> site, <strong>the</strong>re would be no safe location to position <strong>the</strong> lights to provide adequate forwardvisibility of queuing traffic.3.10.6 Due to <strong>the</strong> visibility issues with <strong>the</strong> existing access which cannot be overcome, <strong>the</strong> agentnow proposes to construct a new access fur<strong>the</strong>r west of <strong>the</strong> existing farm access which is likelyto achieve a visibility splay of 4.5m x 180m in both directions. However, as <strong>the</strong> new accesswould be outwith <strong>the</strong> red line boundary, <strong>the</strong> formation of any new access would require aseparate <strong>planning</strong> application. Following <strong>the</strong> continuation of this application from <strong>the</strong> AugustCommittee, <strong>the</strong> agent has submitted a separate application for this temporary vehicular access(12/04367/FULL) which is pending consideration subject to <strong>the</strong> outcome of this application.Should Committee be mindful to approve this application, it is recommended that a suspensivecondition is placed on any permission requiring no works to commence on site until such time as<strong>the</strong> revised vehicular access from <strong>the</strong> B925 public road has been approved by <strong>the</strong> PlanningAuthority.3.11 Access/Rights of Way3.11.1 SPP (Open Space and Physical Activity) advises that consideration should be given toaccess issues and core and o<strong>the</strong>r important routes when considering proposals. Accessopportunities and links to wider networks and to <strong>the</strong> surrounding countryside should also beconsidered in order to provide opportunities for physical activity and access to <strong>the</strong> outdoors.Policy ENV7 of <strong>the</strong> Approved Structure Plan advises that new development that maintains and33


extends strategic long distance (including <strong>the</strong> Fife Coastal Path) and/or local path networksidentified by <strong>the</strong> Core Paths Plan providing for walkers, cyclists, horse riders and those withspecial needs will be supported. Policy C8 of <strong>the</strong> Adopted Local Plan states that existing rightsof way and established footpaths, cycleways and bridleways will be safeguarded and kept openand free from obstruction and where development affecting such routes is deemed appropriate,suitable re-routing must be provided before <strong>the</strong> development commences, or before <strong>the</strong> existingroute is removed from use.3.11.2 Both <strong>the</strong> Scottish Rights of Way and Access Society (Scotways) and Fife Council'sAccess Officer were consulted since <strong>the</strong> existing farm track is also a public Right of Way(FK100) and Core Path (491). Whilst Scotways have not provided any comments to date, <strong>the</strong>Council's Access Officer has advised that <strong>the</strong> public Right of Way and Core Path which runsthrough <strong>the</strong> site must be kept open through all stages of <strong>the</strong> development.3.11.3 In this particular case, it is considered that subject to a suitable <strong>planning</strong> conditionrequiring this track to be permanently kept open, <strong>the</strong> proposed development would not adversely<strong>the</strong> Right of Way and Core Path.3.12 Aviation Safety/Defence Interests3.12.1 SPP (Renewable Energy) advises that decisions on wind turbines should take intoaccount aviation issues including defence interests, airport and aerodrome operations, flightactivity, tactical training areas, aviation and defence radar and seismological recording.3.12.2 Policy R1 of <strong>the</strong> Approved Structure Plan also advises that aviation and defence interestsshould be addressed in <strong>the</strong> assessment of all applications. The SPG on Wind Energy advisesthat turbines which would have an adverse effect on aircraft navigation (military or civilian) ando<strong>the</strong>r radar installations used for health and safety applications will not be supported unlessmitigation measures for radar and flight paths can be agreed with <strong>the</strong> National Air TrafficServices (NATS) and airport authorities. Circular 2/2003 entitled Safeguarding Aerodromes alsoapplies to this development. It specifically outlines <strong>the</strong> requirements of <strong>the</strong> Town and CountryPlanning (Safeguarding Aerodromes, Technical Sites and Military Explosives Storage Areas)(Scotland) Direction 2003. This document separates <strong>the</strong> procedures to be followed by PlanningAuthorities and consultees on three main types of facility; Safeguarded Civil and MilitaryAerodromes; Licensed and unlicensed Civil Aerodromes; and Technical Sites (usually militaryfacilities). An aerodrome is defined as - any area of land or water designed, equipped, set apart,commonly used or in prospective use for affording facilities for <strong>the</strong> landing and departure ofaircraft and includes any area of space, whe<strong>the</strong>r on <strong>the</strong> ground, on <strong>the</strong> roof of a building orelsewhere, which is designed, equipped or set apart for affording facilities for <strong>the</strong> landing ordeparture of aircraft capable of descending or climbing vertically.3.12.3 In assessing this proposal, consultations were carried out with <strong>the</strong> Civil Aviation Authority(CAA), National Air Traffic Service (NATS), <strong>the</strong> Ministry of Defence (MoD), Dundee Airport,Edinburgh Airport and Fife Airport. NATS have advised that <strong>the</strong>y have no objection as <strong>the</strong>proposal does not conflict with <strong>the</strong>ir safeguarding criteria (in terms of <strong>the</strong> national system formonitoring aircraft) whilst <strong>the</strong> CAA have advised that <strong>the</strong>y have no site-specific observations tomake but that input should also be sought from NATS and <strong>the</strong> MoD, and aviation obstructionwarning lighting may also be required.3.12.4 The MoD advised that <strong>the</strong>y had no concerns as <strong>the</strong> proposal had no Line of Sight issuesto any RAF ATC radar but have requested that aviation safety lighting is installed and that <strong>the</strong>34


developer must advise <strong>the</strong> MoD of <strong>the</strong> following - <strong>the</strong> dates that construction starts and ends; <strong>the</strong>maximum height of construction equipment; and <strong>the</strong> latitude and longitude of <strong>the</strong> turbines finalposition should permission be granted. The provision of this information is deemed vital, as itwould be plotted on flying charts to make sure that military aircraft avoid this area.3.12.5 Nei<strong>the</strong>r Dundee Airport nor Fife Airport have expressed any views on <strong>the</strong> proposeddevelopment to <strong>the</strong> Planning Authority through <strong>the</strong> consultation process. It should be notedhowever that <strong>the</strong> application site is outwith <strong>the</strong> physical safeguarding zones (approach zones to<strong>the</strong> runway) and <strong>the</strong> turbines are unlikely to affect flight routings to ei<strong>the</strong>r airport.3.12.6 With regards to Edinburgh Airport, BAA have advised that <strong>the</strong> proposal has beenexamined from an aerodrome safeguarding perspective and conflicts with safeguarding criteria.They advise that 99.5m high turbines would be visible to Edinburgh radar and would <strong>the</strong>reforegenerate clutter on <strong>the</strong> controller's screens. As excessive clutter in this area could mask <strong>the</strong>primary radar returns from air traffic thus posing a very real threat to aircraft safety, <strong>the</strong>y objectto <strong>the</strong> proposed development.3.12.7 It should be noted that BAA no longer own Edinburgh Airport and <strong>the</strong> applicant's aviationconsultant has been dealing directly with <strong>the</strong> new owners Edinburgh Airport (GlobalInfrastructure Partners) in order to look at an appropriate mitigation strategy. The developer isproposing a mitigation solution by expanding <strong>the</strong> planned in-fill patch for Little Raith, to include<strong>the</strong> proposed Clentrie development. The Little Raith patch uses <strong>the</strong> Kincardine feed, with datarights retained by Scottish Power and a non-disclosure agreement has been signed by all partiesand sent back to Scottish Power for approval and confirmation of acceptability from EdinburghAirport. Following <strong>the</strong> continuation of this application from <strong>the</strong> August Committee, fur<strong>the</strong>rdiscussions have taken place between <strong>the</strong> applicant's aviation consultant, NATS and EdinburghAirport. The Airport operator has recently confirmed that <strong>the</strong> proposed mitigation scheme hasnow progressed to <strong>the</strong> stage that enables <strong>the</strong>ir initial objection to be removed subject to <strong>the</strong>imposition of <strong>the</strong> <strong>planning</strong> condition which requires a Radar Mitigation Scheme to be approvedbefore any works commence on site.3.12.8 Given <strong>the</strong> above, <strong>the</strong> proposal is considered acceptable as it would not detrimentallyeffect aviation safety or defence interests subject to a suitable radar mitigation scheme beingagreed between <strong>the</strong> applicant and Edinburgh Airport. The proposed wind farm is <strong>the</strong>reforeconsidered to meet National Guidance and Development Plan policies on this matter.3.13 Radio/Digital/Communication Signals3.13.1 SPP (Renewable Energy) advises that effects on telecommunications should beconsidered, whilst <strong>the</strong> section on Communications Infrastructure advises that advanced, highquality electronic communications infrastructure is an essential component of economic growthacross Scotland. Equipment should be designed and positioned as sensitively as possible. Inlight of <strong>the</strong>se national aspirations and although not specifically mentioned in <strong>the</strong> SPP, proposalswhich would have a detrimental effect on such communication systems should not be supportedas <strong>the</strong>y would undermine national objectives. Policy R1 of <strong>the</strong> Approved Structure Plan alsoadvises that <strong>the</strong> effects on telecommunications should also be considered. The SPG on WindEnergy also advises that turbines that would disrupt television and o<strong>the</strong>r signals will only beacceptable provided developers meet <strong>the</strong> costs of any mitigation measures or alternativearrangements. In <strong>the</strong> instance where <strong>the</strong>re is likely to be an impact on television reception,developers will be expected to meet <strong>the</strong> necessary costs to rectify <strong>the</strong> situation.35


3.13.2 The submitted ES advises that wind turbines can interfere with any communicationsnetworks utilising electromagnetic signals in common with all structures of that size. Prior tolodging this application <strong>the</strong> agents carried out a consultation exercise. The ES outlines who wasconsulted and details <strong>the</strong>ir responses and concludes that no issues have been identified whichrequire imminent mitigation or action. It should be noted however that <strong>the</strong> assessment of <strong>the</strong>television signals via <strong>the</strong> BBC's online assessment tool indicates that 9 homes for whom <strong>the</strong>re isno alternative off-air service are likely to be affected by <strong>the</strong> proposed development and a total of13,333 homes are predicted to be affected where <strong>the</strong>re may be an alternative off-air service.3.13.3 The ES does however advise that reception problems can be dealt with by improving <strong>the</strong>receiving aerials or providing <strong>the</strong> affected households with an alternative signal source (e.g.different transmitter, existing cable system or satellite). Overall, as potential television receptionproblems are difficult to predict and identify it is now fairly standard practice with approvedwindfarm applications that a form of <strong>planning</strong> agreement is included where <strong>the</strong> developer willrectify any problems.3.13.4 In this instance <strong>the</strong> proposal is considered acceptable, as it would not significantly impacton digital and broadcasting signals providing mitigation measures are implemented and that <strong>the</strong>developer makes provisions both financially and procedurally to address any difficulties that doarise. Should Committee resolve to approve <strong>the</strong> application, <strong>the</strong>n it would be sensible to includeconditions to ensure that mitigation measures are implemented where required in order toprotect existing radio, digital and o<strong>the</strong>r communication signals.3.14 Impact on Agricultural Land3.14.1 Policy E18 of <strong>the</strong> Adopted Local Plan advises that irreversible development of primeagricultural land will be supported only if <strong>the</strong>re are overriding national or local circumstances.The SPP reinforces <strong>the</strong>se policies and recommends that development on prime agricultural landshould not be permitted unless it is an essential component of <strong>the</strong> settlement strategy or isnecessary to meet an established need where no o<strong>the</strong>r suitable site is available.3.14.2 The site is not classed as prime agricultural land and <strong>the</strong> size of <strong>the</strong> site involved wouldhave no detrimental impact on agriculture in <strong>the</strong> area. Once <strong>the</strong> windfarms lifespan has beenreached <strong>the</strong> relatively small areas of land involved would be restored and returned to agriculturaluse. Should Committee resolve to approve <strong>the</strong> application, contrary to <strong>the</strong> officerrecommendation, a condition to ensure that <strong>the</strong> land is suitably restored to its former conditionwithin a specified timescale once <strong>the</strong> scheme is decommissioned or becomes redundant wouldbe recommended.3.15 Relationship to Mossmorran Petrochemical Plant3.15.1 As Members may be aware, an academic study by Glasgow University published inDecember 2009 considers <strong>the</strong> potential for windfarms to affect <strong>the</strong> dispersal pattern andconsequent concentrations of pollutants, such as benzene, in neighbouring communities.However, <strong>the</strong>re is no conclusive scientific evidence to show that wind turbines will have anadverse effect on <strong>the</strong> way that pollutants are dispersed.3.15.2 With respect to <strong>the</strong> potential operational implications of <strong>the</strong> proximity of <strong>the</strong> proposedwind farm at Clentrie to Mossmorran, it is considered that it would not have any impacts on fumedispersal from <strong>the</strong> petrochemical plant. The source of benzene and <strong>the</strong> amount emitted areoutwith <strong>the</strong> control of <strong>the</strong> applicant and nei<strong>the</strong>r Exxon Mobil nor Shell who operate <strong>the</strong> plant have36


aised any objections. Exxon Mobil and Shell are also governed by <strong>the</strong> PPC processadministered by SEPA which regulates emissions from industrial premises. Likewise, <strong>the</strong> Healthand Safety Executive and SEPA have not raised any concerns as part of <strong>the</strong> formal <strong>planning</strong>consultation process in this respect. It is <strong>the</strong>refore considered that <strong>the</strong> proposed single windturbine would not create any adverse health risks for neighbouring settlements.3.15.3 Fur<strong>the</strong>rmore in <strong>the</strong> context of this issue, it should also be noted that a condition wasplaced on <strong>the</strong> Little Raith wind farm (08/01053/WEIA) for an air quality monitoring programme torecord concentrations of benzene at two locations in <strong>the</strong> vicinity of Little Raith windfarm,<strong>the</strong>refore any potential issues relating to emissions from <strong>the</strong> plant will be monitored with <strong>the</strong>results available to <strong>the</strong> local authority. This will ensure that accurate data including wind speedand direction are recorded and presented to both <strong>the</strong> Planning Authority and SEPA.3.16 Community Benefits3.16.1 The SPP (Renewable Energy) advises that a range of benefits are often voluntarilyprovided by developers to communities in <strong>the</strong> vicinity of renewable energy developments and<strong>the</strong>se can include community trust funds. Such benefits though should not be treated as amaterial consideration unless all of <strong>the</strong> 5 tests set out in Circular 1/2010 on PlanningAgreements are met:- <strong>planning</strong> necessity, would serve a <strong>planning</strong> purpose, must relate to <strong>the</strong>proposed development, must be related in scale and kind to <strong>the</strong> proposed development, andmust be reasonable to particular circumstances of <strong>the</strong> case.3.16.2 The applicant recognises that <strong>the</strong> proposed development will have an impact on local andwider communities, and in line with industry practice, is willing to establish a Community TrustFund, which would be managed by Auchtertool Community Council. The fund is proposed tofinancially support projects in <strong>the</strong> local area throughout <strong>the</strong> lifetime of <strong>the</strong> development. Theapplicant's propose to provide <strong>the</strong> fund with a sum of £3,000 per megawatt of installed capacityper annum should <strong>planning</strong> permission be granted. Based on <strong>the</strong> proposed 6.9MW scheme, afinancial contribution of £20,700 would be paid into <strong>the</strong> fund each year.3.16.3 In this instance, whilst <strong>the</strong> provision of a community benefit fund may in some partcompensate <strong>the</strong> local community for some of <strong>the</strong> impacts associated with <strong>the</strong> proposal, it isnei<strong>the</strong>r material nor essential to <strong>the</strong> determination of <strong>the</strong> application. The fund would not serve adirect <strong>planning</strong> purpose and <strong>the</strong>refore would not meet <strong>the</strong> five tests outlined above. In order tosecure this financial contribution, a private agreement between <strong>the</strong> developer and localcommunity would be necessary through <strong>the</strong> formation of a Community Trust Fund.CONSULTATIONSScottish Rights Of Way And Access SocietyLeisure And Cultural ServicesTransport ScotlandDundee AirportFife AirportNo response.The public Right of Way and Core Path whichruns through <strong>the</strong> site must be kept openthrough all stages of <strong>the</strong> development.No objection - advised that <strong>the</strong>re will be aminimal increase in traffic on <strong>the</strong> trunk roadwhich is not likely to have a significant impacton <strong>the</strong> operation of <strong>the</strong> trunk road network.No response.No response.37


The Coal AuthorityAuchtertool Community CouncilScottish Environment Protection AgencyScottish WaterScottish Government - Directorate For BuiltEnvironmentHistoric ScotlandRSPBMinistry Of Defence (Wind Turbines)TransportationScottish Natural HeritageEdinburgh AirportNATS Air Traffic ServicesEP+PS - Public And EnvironmentalNo response.Objects - already an excessive number ofwind turbines ei<strong>the</strong>r approved or in <strong>planning</strong>within <strong>the</strong> surrounding area. The proposeddevelopment would have a negative effect on<strong>the</strong> landscape and on <strong>the</strong> road infrastructure.No response.No response.General comments made regarding tworesearch projects on wind turbine noise.No objection - content that <strong>the</strong>re will be nodirect impacts on assets within <strong>the</strong>ir statutoryremit.Objects - concerns regarding <strong>the</strong> quality andaccuracy of <strong>the</strong> assessment of <strong>the</strong> potentialimpacts of <strong>the</strong> proposed development on <strong>the</strong>qualifying interests of <strong>the</strong> Loch Leven andFirth of Forth SPAs.No concerns, no Line of Sight issues to anyRAF ATC radar. MoD requests that turbinesfitted with suitable aviation lighting(specifications given). If approved <strong>the</strong>developer must advise MoD of start and enddates, maximum height of constructionequipment and provide co-ordinates of everyturbines final position.Objects - <strong>the</strong> proposals are unacceptable as<strong>the</strong>y will result in a significant amount ofvehicular turning manoeuvres during <strong>the</strong> 3 to4 month construction phase at an access withsub-standard visibility splays in bothdirections increasing <strong>the</strong> probability ofaccidents occurring to <strong>the</strong> detriment of roadsafety.Proposal will have a significant effect on <strong>the</strong>qualifying interests of <strong>the</strong> Firth of Forth andLoch Leven SPAs but <strong>the</strong> proposal will notadversely affect <strong>the</strong> integrity of <strong>the</strong>se SPAs.With regards to landscape and visualimpacts, <strong>the</strong>re will be significant adverseimpacts on <strong>the</strong> views and visual amenity ofresidents of Auchtertool. The potentialcumulative landscape and visual impacts witho<strong>the</strong>r consented and proposed schemes in<strong>the</strong> area will have widespread impacts,particularly on views from <strong>the</strong> road network.No aerodrome safeguarding objectionproviding a suspensive condition is attachedto any approval.No safeguarding objection.Predicted turbine levels comply with ETSU38


ProtectionDirectorate Of Airspace PolicyWindfarm EnquiriesHarbours, Flood And CoastCity Of Edinburgh Councilderived limits. Recommend noise condition.Standing advice provided. NATS, <strong>the</strong> MoDand any aerodromes should be consulted.No response.Surface water drainage and any SUDsprovisions should be submitted.No objection.REPRESENTATIONS4 letters of objection (2 from same individual) have been received in connection with thisapplication concerning:- Adverse impact on <strong>the</strong> landscape and visual amenity of Auchtertool- Turbines contravene Wind Energy SPG as <strong>the</strong>y are within 2km of Auchtertool- Cumulative impact with nearby developments including Little Raith- Residential amenity/noise nuisance- Road safety/access concernsThe issues raised regarding visual impact on landscape, visual amenity of Auchtertool,cumulative impact, residential amenity issues and road safety have been noted and are fullyaddressed earlier in this report. With respect to <strong>the</strong> 2km distance, <strong>the</strong> SPG advises that this is arecommended distance for major wind farms and that this stand-off distance is less likely to berequired for smaller turbine clusters such as this proposal. In any event, <strong>the</strong> SPG advises thateach proposal should be considered on its own merits and that this will include an assessmenttaking account of <strong>the</strong> actual proposed distance between each turbine and take account of <strong>the</strong>height of turbines, landscape, and topography and localised issues such as <strong>the</strong> natural and builtenvironment, noise volume and frequency, electromagnetic interference, television receptionand shadow flicker. All of <strong>the</strong>se matters have been fully considered as part of <strong>the</strong> assessment ofthis application.UPDATE20 additional letters of objection and 47 letters of support have been received. Theadditional issues over and above <strong>the</strong> concerns listed above can be summarised asfollows:- Air quality (benzene from Mossmorran)- Impact on property value- Offer of £20,700 per year to <strong>the</strong> community is not appropriate compensation.- Health concerns- Impact on ecology/wildlife- Impact on tourism- Minimal contribution to carbon reduction measures compared to negative impacts- Inappropriately sited, outwith area of search- Lack of a suitable access to <strong>the</strong> site- Technological efficiency of turbines are very poorThe concerns raised regarding <strong>the</strong> location of <strong>the</strong> turbines in <strong>the</strong> Area of Search,ecological/ornithological impacts, impacts on air quality, <strong>the</strong> offer of a financial39


contribution per year and <strong>the</strong> suitability of <strong>the</strong> vehicular access have been noted and arefully addressed earlier in this report. Comments made with respect of <strong>the</strong> proposal'sminimal contribution to carbon reduction are noted however Scottish Government policyis to generate <strong>the</strong> equivalent of 100% of Scotland's gross annual electricity consumptionand this proposal, if approved, would contribute towards this target. Fur<strong>the</strong>rmore,predicted generating capacities have been modelled to ensure <strong>the</strong> scheme iseconomically viable.The impacts upon tourism are difficult to measure. There is no robust evidence tosuggest that a significant number of people will avoid visiting an area if <strong>the</strong>re are turbinespresent. The site at Clentrie is not considered to be a significant tourist attractionthough it is located in a rural environment with outdoor access routes to <strong>the</strong> widercountryside. The issue raised concerning impact on property values is not a materialconsideration in determining this application as market forces operate independentlyfrom <strong>the</strong> <strong>planning</strong> system.CONCLUSIONSIt has been demonstrated that, subject to <strong>the</strong> imposition of conditions, this development couldcomply with <strong>the</strong> Development Plan and o<strong>the</strong>r National and Council guidance in respect of anumber of <strong>the</strong> material <strong>planning</strong> considerations such as ecology/ornithology, noise, shadowflicker, cultural heritage, hydrology, road safety and aviation. However this must be balancedagainst <strong>the</strong> significant visual impact of <strong>the</strong> development on <strong>the</strong> surrounding landscape and <strong>the</strong>number of people in close proximity that would experience that impact. It would not beacceptable in terms of meeting <strong>the</strong> landscape and visual impact requirements. The proposalwould be located in an elevated position within an area of strong rural character, would beconspicuous on and visible above <strong>the</strong> skyline and adjacent wooded areas and would be adominant feature of views from dwellings and streets within <strong>the</strong> village of Auchtertool. In termsof cumulative impacts, <strong>the</strong> proposal would have significant cumulative impacts with both LittleRaith windfarm (11/03990/EIA) and <strong>the</strong> 2 approved Mossmorran turbines (11/01807/FULL)particularly on views from <strong>the</strong> road network.Whilst <strong>the</strong> proposal would provide economic benefit and would assist in meeting <strong>the</strong> overallScottish Government energy targets given <strong>the</strong> significant shift in energy production objectivestowards renewable sources this does not outweigh <strong>the</strong> significant detrimental impacts identifiedabove. Consequently it is not considered that <strong>the</strong> proposed wind farm would comply withNational Guidance, <strong>the</strong> relevant policies of <strong>the</strong> Development Plan or Fife Council’sSupplementary Planning Guidance on Wind Energy.UPDATEThe application was continued from <strong>the</strong> 29th August 2012 meeting of <strong>the</strong> Kirkcaldy AreaCommittee as Members sought a fur<strong>the</strong>r update on <strong>the</strong> radar situation with EdinburghAirport and requested that <strong>the</strong> developer carry out wider consultation on <strong>the</strong> proposals.Radar - As noted in Section 3.12 of <strong>the</strong> report, Edinburgh Airport have now withdrawn<strong>the</strong>ir objection subject to <strong>the</strong> imposition of a suspensive <strong>planning</strong> condition.Consultation - Two public exhibitions were held in Auchtertool Village Hall on <strong>the</strong> 2ndNovember 2012 and 11th January 2013. Adverts were placed in <strong>the</strong> local newspapers40


along with notices placed around <strong>the</strong> village. Auchtertool Community Council were alsoinformed about both exhibitions. The drop in sessions ran from 3pm until 8pm and gavemembers of <strong>the</strong> local community an opportunity to put any questions and concerns <strong>the</strong>yhad about <strong>the</strong> project to <strong>the</strong> landowner and consultants. A total of 72 people attended <strong>the</strong>exhibitions and 46 people completed questionnaire feedback forms. Based on <strong>the</strong>completed feedback forms, 34% object to <strong>the</strong> proposed wind farm whilst 50% support <strong>the</strong>development and 16% have no opinion.RECOMMENDATIONThe application be refused for <strong>the</strong> following reason(s)1. The proposed development would have significant adverse impacts on <strong>the</strong> views and visualamenity of residents of Auchtertool where <strong>the</strong> turbines would be a dominant feature of viewsfrom dwellings and streets within <strong>the</strong> village. Fur<strong>the</strong>rmore, it is considered that <strong>the</strong> turbineswould have an adverse landscape impact on <strong>the</strong> visual amenity of <strong>the</strong> surrounding Cullaloe HillsLocal Landscape Area by virtue of its scale, size, number of turbines, and prominent uplandlocation. The proposal is <strong>the</strong>refore considered to be contrary to guidance contained in <strong>the</strong>Scottish Planning Policy (2010), Policies R1 and SS1 of <strong>the</strong> Approved Fife Structure Plan 2006-2026 (2009), Policies E3, E4, E15 and I1 of <strong>the</strong> Adopted Mid Fife Local Plan (2012), FifeCouncil's Supplementary Planning Guidance on Wind Energy (2011), and <strong>the</strong> Fife LandscapeCharacter Assessment (1999) document.2. The proposed development by virtue of its scale, size, number of turbines, prominent locationand its close proximity to <strong>the</strong> adjacent approved wind turbines at Little Raith (08/01053/WEIA)and Mossmorran (11/01807/FULL) would have a detrimental cumulative visual impact on <strong>the</strong>landscape character, <strong>the</strong> skyline, local settlements of Cowdenbeath, Lochgelly and Cardendenincluding views along <strong>the</strong> A92 corridor and <strong>the</strong> Cullaloe Hills Local Landscape Area. Theproposal is <strong>the</strong>refore contrary to <strong>the</strong> guidance contained within Scottish Planning Policy (2010),Policies R1 and SS1 of <strong>the</strong> Approved Fife Structure Plan 2006-2026 (2009), Policies E3, E4,E15 and I1 of <strong>the</strong> Adopted Mid Fife Local Plan (2012) and Fife Council's SupplementaryPlanning Guidance on Wind Energy (2011).STATUTORY POLICIES, GUIDANCE & BACKGROUND PAPERSIn addition to <strong>the</strong> application <strong>the</strong> following documents, guidance notes and policy documentsform <strong>the</strong> background papers to this report.National GuidanceScottish Planning Policy (2010)Scottish Historic Environment Policy (2011)PAN 45 - Planning for Micro-Renewables (Annex to PAN 45 - Renewable Energy Technologies)(2006)PAN 69 - Planning and Building Standards Advice on Flooding (2004)PAN 75 - Planning for Transport (2005)PAN 79 - Water & Drainage (2006)PAN 1/2011 - Planning and Noise (2011)PAN 2/2011 - Planning and Archaeology (2011)41


Circular 2/2003 - Safeguarding of Aerodromes, Technical Sites and Military Explosives StorageAreas (2003)Circular 1/2010 - Planning Agreements (2010)Development PlanApproved Fife Structure Plan 2006-2026 (2009)Adopted Mid Fife Local Plan (2012)O<strong>the</strong>r GuidanceASH Study - Identifying Areas of Search for Groupings of Wind Turbines in Fife (2006)ETSU-R-97 - The Assessment and Rating of Noise from Wind Turbines (1996)Fife Council Supplementary Planning Guidance - Wind Energy (June 2011)Fife Council Onshore Wind Energy Strategy for Fife (Cumulative Impact Assessment) -Consultation Draft Report produced by Ironside Farrar (November 2012)Fife Landscape Character Assessment (1999)Scottish Government Specific Advice Sheet on On-shore Wind Turbines (2012)SNH guidance - Assessing <strong>the</strong> Cumulative Impact of Onshore Wind Energy Developments(2012)SNH guidance - Siting and Designing Windfarms in <strong>the</strong> Landscape (2009)Fife Council Guidance Note on Flooding and Drainage Issues in Relation to Planning andDevelopmentReport prepared by Darren O'HareReport agreed and signed off by Alastair Hamilton and Jim Birrell.Date Printed 04/03/201342


Track119.7mLittle GlenistonTankIssuesTankPath (um)Path (um)Sheepfold125.5mIssues128.0mKnockbathy WoodPath (um)131.5m128.5mSinks134.3mPondTrackETL113.9mSpringSpreadsCamilla LochCistern108.3mReproduced by permission of Ordnance Survey on behalf of HMSO.© Crown copyright and database rightAll rights reserved.Ordnance Survey Licence number 100023385.Application Ref: 11/04794/EIAAddress:Clentrie FarmFife2013.Application Boundary±Scale 1:4,8950 50 100 150 200 250MetresPlot file created on 04/03/2013 by POconnor-75Produced using Fife Council Corporate GIS43


Kirkcaldy Area Committee27 March 2013Agenda Item No. 6Representation from <strong>the</strong> Area Committees for <strong>the</strong>Fife Local Tourist AssociationsReport by:Ann Camus, Fife Tourism Partnership ManagerWards Affected:AllPurposeThe Purpose of this report is to seek approval from <strong>the</strong> Kirkcaldy Area Committee toappoint a local member to sit on <strong>the</strong> Kirkcaldy and Mid Fife Local Tourist Associationto act as a local area advisor.Recommendation(s)That this Area Committee agrees to nominate a representative to sit on <strong>the</strong> Kirkcaldyand Mid Fife Local Tourist Association as an advisor.Resource ImplicationsThere are no resource implications associated with this report.Legal & Risk ImplicationsThere are no legal implications associated with this report.Impact AssessmentAn Equality Impact Assessment (EqIA) checklist is not required as this report doesnot have any immediate implications for service delivery and policy.ConsultationThe Fife Tourism Partnership Board and <strong>the</strong> Local Tourist Associations have beenconsulted with regard to this report.44


1.0 Background1.1 There are five Local Tourist Associations across Fife covering <strong>the</strong> geographicalareas of Levenmouth, Cupar and North Fife, Kirkcaldy and Mid Fife, Dunfermlineand West Fife and <strong>the</strong> East Neuk. St Andrews is covered by <strong>the</strong> St AndrewsPartnership which is run by a board of directors.1.2 The Local Tourist Associations were set up by <strong>the</strong> Fife Council Strategic Policy andTourism team between January 2011 and June 2012 as part of <strong>the</strong> Fife TourismPartnership Structure. The Local Tourist Associations were put in place when <strong>the</strong>Fife Tourism Partnership Board had completed its consultation around <strong>the</strong> FifeTourism Strategy.1.3 Since <strong>the</strong>n all Local Tourist Associations have been set up and attract between 17and 25 businesses at <strong>the</strong>ir meetings. In addition to this, around 60 businesses fromeach area are registered on <strong>the</strong> business to business websitewww.<strong>fife</strong>tourismpartnership.com. The twitter account followers for <strong>the</strong> Fife TourismPartnership business to business account has almost 1300 followers.1.4 The following diagram demonstrates <strong>the</strong> structure of <strong>the</strong> Fife Tourism Partnership.1.5 The role of <strong>the</strong> Local Tourist Associations is to work closely with local tourismbusinesses to deliver <strong>the</strong> actions outlined within <strong>the</strong> Fife Tourism Strategy 2010 to2020 but in particular to:• Develop local area initiatives that will provide visitors with a reason to visit and tostay longer in Fife and to spend more• Support local tourism businesses so that <strong>the</strong>y are able to increase <strong>the</strong>ir businesscompetitiveness through training and business development tools• Work with <strong>the</strong> o<strong>the</strong>r Local Tourist Associations to point visitors to o<strong>the</strong>r areas ofFife• Support <strong>the</strong> Fife Tourism Partnership to develop its niche markets45


1.6 All Local Tourist Associations are developing local area plans in alignment with <strong>the</strong>Fife Tourism Strategy. However, it is also important that <strong>the</strong> Local TouristAssociations work closely with local area heritage groups, o<strong>the</strong>r tourism clusters thatexist and local community partnerships so that <strong>the</strong>y are able to represent andpromote <strong>the</strong>ir area more effectively.1.7 In order to achieve this it is important that <strong>the</strong>y are able to link in with CommunityGroups in each area and to also link to o<strong>the</strong>r Fife Council activities beingdeveloped at a local level. In order to do this it is now important that <strong>the</strong>re isrepresentation on each of <strong>the</strong> Local Tourist Associations from each of <strong>the</strong> area<strong>committee</strong>s.1.8 Tourism is a strong industry sector for Kirkcaldy and Mid Fife. The latest availablevisitor data indicates that visitor revenues of almost £71m in <strong>the</strong> Kirkcaldy and MidFife area, accounting for around 23% of <strong>the</strong> revenue for Fife as a whole (£307m) 1and that tourism supports almost 1,400 full time equivalent jobs in Kirkcaldy and MidFife.2.0 Issues and Options2.1 There are seven Local Area Committees that cover <strong>the</strong> five areas of <strong>the</strong> LocalTourist Associations that require a representative (A representative is assigned to<strong>the</strong> St Andrews Partnership which would be <strong>the</strong> sixth area). The proposal from thisreport is that each local area <strong>committee</strong> nominates one representative to <strong>the</strong> relevantLocal Tourist Association as set out below:• Dunfermline and West Fife Local Tourist Association – One representativefrom <strong>the</strong> City of Dunfermline Area Committee and one representative from <strong>the</strong>South West Fife Are Committee• Kirkcaldy and Mid Fife Local Tourist Association – A representative fromKirkcaldy Area Committee, Cowdenbeath Area Committee and Glenro<strong>the</strong>s area<strong>committee</strong>• Cupar and North Fife Local Tourist Association – A representative from <strong>the</strong>North East Fife Area Committee• Levenmouth Local Tourist Association – A representative from <strong>the</strong>Levenmouth Area Committee• East Neuk Local Tourist Association – A representative from <strong>the</strong> North EastFife Area Committee2.2 This will ensure full coverage at <strong>the</strong> local level for <strong>the</strong> Local Tourist Association andwill create a standard approach to <strong>the</strong> development of tourism across Fife.2.3 The Kirkcaldy and Mid Fife Local Tourist Association meet every four weeks with abreak between May and September.1 Scottish Tourism Economic Activity Report 201146


3.0 Conclusions3.1 In order to capitalise on this key sector for Fife and to ensure all partners areengaged at a local level, it is important that local representation is part of each LocalTourist Association to ensure <strong>the</strong> needs of <strong>the</strong> local communities are met.List of Appendices1. There are no appendices with this reportBackground PapersThe following papers were relied on in <strong>the</strong> preparation of this report in terms of <strong>the</strong> LocalGovernment (Scotland) Act, 1973:Fife Tourism StrategyReport ContactAuthor Name Ann CamusAuthor’s Job Title Fife Tourism Partnership ManagerWorkplace Kingdom House, Glenro<strong>the</strong>sTelephone: 08451 55 55 55 442289Email – ann.camus@<strong>fife</strong>.gov.uk47


Kirkcaldy Area Committee27th March, 2013Agenda Item No. 7Mossmorran and Braefoot Bay Independent AirQuality Monitoring Group - Representation(Invitation)Report by:Linda Bissett, Senior Manager (Democratic Services)Wards Affected:6 (Inverkeithing and Dalgety Bay); 8 (Cowdenbeath); 9 (Lochgelly andCardenden); 10 (Burntisland, Kinghorn and Western Kirkcaldy)PurposeThe purpose of this report is to advise members regarding consideration ofrepresentation by <strong>the</strong> Mossmorran and Braefoot Bay Independent Air QualityMonitoring Review Group at its meeting of 21st January, 2013, specifically aninvitation to one member from this Committee to attend future meetings of <strong>the</strong>Review Group as an observer.RecommendationThe Committee is asked to nominate a member to take up <strong>the</strong> invitation to attendfuture meetings of <strong>the</strong> Mossmorran and Braefoot Bay Independent Air QualityMonitoring Review Group, as an observer.Resource ImplicationsNone.Legal & Risk ImplicationsExternal and partner organisations have <strong>the</strong>ir own governance structures, andmembers should seek advice from Corporate Services on any concerns <strong>the</strong>y haveon membership of or attendance at meetings of organisations.Impact AssessmentAn EqIA checklist is not required, because <strong>the</strong> report does not propose a change toexisting policies and practices.48


ConsultationConsultation is not required, as <strong>the</strong> report only invites consideration of a change toexisting representation arrangements.1.0 Background1.1 Members will recall that this Committee, at its meeting on 23rd January, 2013,considered <strong>the</strong> 2011 Annual Report of <strong>the</strong> Mossmorran and Braefoot BayIndependent Air Quality Monitoring Review Group (previous minute para. 77 of2013.K.A.C.48 refers). The Annual Report also was considered at recent meetingsof <strong>the</strong> Cowdenbeath and South West Fife Area Committees.2.0 Update2.1 The Review Group, at its meeting of 21st January, 2013 gave consideration torepresentation arrangements for its future meetings. An extract from <strong>the</strong> minute ofthat meeting follows:-“Representation from Members of Fife Council’s South WestFife/Kirkcaldy/Cowdenbeath Area CommitteesThe Review Group considered extracts from minutes of meetings of <strong>the</strong>Cowdenbeath Area Committee of 28th November, 2012 and <strong>the</strong> Braefoot BayCommunity Safety Committee of 13th December, 2012 which recommended thatFife Council Elected Members attend meetings of <strong>the</strong> Independent Air QualityMonitoring Review Group. In discussion, it was proposed that Fife Council electedmembers be invited as observers on <strong>the</strong> Review Group in order to maintain itsindependent nature and to ensure compatibility with <strong>the</strong> terms of <strong>the</strong> Constitution.DecisionThe Review Group agreed: -(1) that one member from each of <strong>the</strong> South West Fife, Kirkcaldy andCowdenbeath Area Committees be invited to <strong>the</strong> future meetings of <strong>the</strong>Independent Air Quality Monitoring Review Group, as observers, in terms of<strong>the</strong> Constitution;(2) to recommend that Area Committees appoint <strong>the</strong> current elected memberrepresentatives on <strong>the</strong> Mossmorran and Braefoot Bay Community and SafetyCommittee, in terms of continuity; and(3) to note that in future, <strong>the</strong> Council’s South West Fife, Kirkcaldy andCowdenbeath Area Committees would receive copies of <strong>the</strong> Independent AirQuality Monitoring Review Group annual reports.”49


2.2 The regular pattern of meetings for <strong>the</strong> Review Group is two per year, usually aroundsix months apart. Updates and o<strong>the</strong>r communications outwith those times normallyare undertaken by email.3.0 Conclusions3.1 Members will note <strong>the</strong> Review Group’s recommendation that Area Committeesappoint <strong>the</strong> current elected member representatives on <strong>the</strong> Mossmorran andBraefoot Bay Community and Safety Committee, in terms of continuity - in <strong>the</strong> caseof this Committee, Councillor Susan Leslie is <strong>the</strong> current appointee to <strong>the</strong>Community and Safety Committee. This Committee may wish to appoint CouncillorLeslie (or indeed a different member) as an observer at meetings of <strong>the</strong> ReviewGroup, if so minded.Report ContactAuthor Name David HendersonAuthor’s Job Title Team Manager/Adviser (Committee Services)Workplace 3rd Floor, Fife House, North Street, Glenro<strong>the</strong>s KY7 5LTTelephone: 08451 55 55 55 Ext. No. 442242Email:david.henderson@<strong>fife</strong>.gov.uk50


Kirkcaldy Area Committee27th March, 2013.Agenda Item No. 8Reform of <strong>the</strong> Fire and Police Services –Implications for Fife CouncilReport by: Iain Ma<strong>the</strong>son, Chief Legal OfficerWards Affected: AllPurposeThis report is to provide members of <strong>the</strong> Area Committee with details of <strong>the</strong> reformof <strong>the</strong> Fire and Police Services and highlight <strong>the</strong> main implications for Fife Councilof <strong>the</strong>se changes.Recommendation(s)To consider <strong>the</strong> terms of <strong>the</strong> report and to:-(i)(ii)note <strong>the</strong> implications of <strong>the</strong> changes for Fife; andmake representations to <strong>the</strong> Police and Fire and Rescue TransitionCommittees regarding future arrangements for <strong>the</strong> scrutiny of andengagement with <strong>the</strong> Police and Fire and Rescue Services.Resource ImplicationsThere are no resource implications.Legal & Risk ImplicationsThere are no legal and risk implications.Impact AssessmentAn EqIA checklist is not required, because this report does not propose a change toexisting policies and practices.ConsultationNone51


1.0 Background1.1 As members will be aware, <strong>the</strong> Police and Fire Reform (Scotland) Act 2012 makessignificant changes to <strong>the</strong> way in which <strong>the</strong> Police and Fire Services in Scotland aregoverned. At present, local authorities play a very significant role in <strong>the</strong> governancearrangements relating to <strong>the</strong> Fire and Police Services within Scotland. Throughoutmost of Scotland, <strong>the</strong> Fire and Police Services are subject to <strong>the</strong> oversight of JointBoards comprising elected members from <strong>the</strong> Councils within <strong>the</strong> area served by<strong>the</strong> Fire or Police Service in question. However, within Fife and in Dumfries andGalloway, <strong>the</strong> local authority is also <strong>the</strong> fire authority and <strong>the</strong> police authority for <strong>the</strong>Council area.1.2 With effect from 1st April, 2013, <strong>the</strong> responsibilities which presently rest with <strong>the</strong>Joint Boards and Fife and Dumfries and Galloway Councils will transfer to <strong>the</strong>Scottish Police Authority and <strong>the</strong> Scottish Fire and Rescue Service. These two newbodies will assume most of <strong>the</strong> responsibilities presently held by local governmentleaving a significant but much reduced role for local authorities in terms of <strong>the</strong>irengagement with and scrutiny of <strong>the</strong> activities of <strong>the</strong> new National Services.Police Service – Future Responsibilities of Fife Council1.3 The future role of local authorities in policing is set out in sections 45-48 of <strong>the</strong> 2012Act. In summary, <strong>the</strong>se are:-(i)(ii)(iii)(iv)(v)<strong>the</strong> Police Local Commander must involve <strong>the</strong> Council in setting <strong>the</strong> prioritiesand objectives for policing within <strong>the</strong> area;<strong>the</strong> Council may monitor and provide feedback to <strong>the</strong> Local Commander andmay provide <strong>the</strong> Local Commander with its views on any matter connected to<strong>the</strong> policing of <strong>the</strong> area;<strong>the</strong> Local Commander must prepare and submit a Local Police Plan to <strong>the</strong>Council for approval. In preparing this Local Police Plan, <strong>the</strong> LocalCommander must have regard to <strong>the</strong> current strategic Police Plan. The Planwill be submitted to <strong>the</strong> local authority for approval. The legislation is silentas to what happens in <strong>the</strong> event of <strong>the</strong> local authority declining to approve<strong>the</strong> Local Police Plan;<strong>the</strong> Council may specify policing measures that it wishes <strong>the</strong> LocalCommander to include in a Local Policing Plan; and<strong>the</strong> Local Commander must provide <strong>the</strong> local authority with such reports as<strong>the</strong> Council may reasonably require.Fire and Rescue Service – Future Responsibilities of Fife Council1.4 The statutory provisions with regard to Fire Reform are set out in Part 2 of <strong>the</strong>2012 Act and <strong>the</strong> new provisions amend <strong>the</strong> terms of <strong>the</strong> Fire (Scotland) Act 2005.52


1.5 As with <strong>the</strong> Police, <strong>the</strong>re is a requirement that <strong>the</strong> Senior Officer in each Councilarea must prepare a Local Fire and Rescue Plan which has to be submitted to <strong>the</strong>local authority for approval. There is also a requirement that <strong>the</strong> Scottish Fire andRescue Service must involve every local authority in determining <strong>the</strong> priorities andobjectives for <strong>the</strong> Fire and Rescue Service in connection with <strong>the</strong> carrying out of<strong>the</strong>ir functions in that local authority's area.1.6 Councils are expected to monitor and provide feedback to <strong>the</strong> Scottish Fire andRescue Service and, in particular, expected to provide views on any matterconcerning or connected to <strong>the</strong> manner in which <strong>the</strong> Fire and Rescue Servicecarries out those functions and make recommendations for improvement inconnection with <strong>the</strong> way in which <strong>the</strong> Service carries out those functions in <strong>the</strong> localauthority's area.2.0 Assessment of New Role2.1 As will be clear from <strong>the</strong> above summary, many of <strong>the</strong> roles currently undertaken by<strong>the</strong> Council in connection with Police and Fire Services are being removed. Therewill no longer be responsibility for setting and monitoring budgets and <strong>the</strong> Council'sability to influence <strong>the</strong> way in which services are delivered within Fife will be muchdiminished.2.2 It is not anticipated that <strong>the</strong>re will be any significant changes to front-line servicedelivery within Fife after 1st April, 2013 so far as <strong>the</strong> Fire and Rescue and PoliceServices are concerned. In recent months, <strong>the</strong> attention of <strong>the</strong> Council's Fire andPolice Transition Committees has been directed at ensuring as smooth a transferas possible. It is considered that arrangements are in place which will allow <strong>the</strong>existing high levels of service to Fife communities to continue.2.3 Although it is anticipated that <strong>the</strong> current high level of service delivery will continuein <strong>the</strong> short-term, it must be remembered that a key driver behind <strong>the</strong>se changes is<strong>the</strong> need to reduce <strong>the</strong> operating costs of both services. If operating costs continueto be reduced in <strong>the</strong> future, it is possible that <strong>the</strong> current level of service provisionwithin Fife could be adversely affected.2.4 The new more limited role for Fife Council means that while <strong>the</strong> Council can request<strong>the</strong> deployment of additional resources, <strong>the</strong>re is no guarantee that such a requestwill be fulfilled. The Council will be limited to highlighting any deficiencies andmaking recommendations as to how <strong>the</strong>se should be addressed. There is clearlyscope for friction between <strong>the</strong> Council and <strong>the</strong> new Services, in particular, <strong>the</strong>irgoverning bodies as <strong>the</strong> new governance arrangements become established.3.0 The Future Role of Council Committees3.1 The Council's Police and Fire and Rescue Transition Committees have bothappointed short-life Working Groups to consider what governance arrangementsshould be put in place within <strong>the</strong> Council after 1st April, 2013. Across Scotland,Councils are putting in place a range of different mechanisms to monitor <strong>the</strong> work ofFire and Police Services after 1st April, 2013. Fife and Dumfries and GallowayCouncils are in <strong>the</strong> advantageous position of already having established scrutinyarrangements in place.53


3.2 Both of <strong>the</strong> Council's Transition Committees have recently agreed that <strong>the</strong> existing<strong>committee</strong> arrangements should continue for a period of six months after 1st April,2013. This will allow <strong>the</strong> Council to monitor and evaluate <strong>the</strong> arrangementsadopted by o<strong>the</strong>r Councils to ascertain whe<strong>the</strong>r any arrangements emerge whichare considered to be best practice. The intention is that by October, 2013 <strong>the</strong> Fireand Police Transition Committees will consider and recommend how engagementwith and <strong>the</strong> scrutiny of <strong>the</strong> new Fire and Police Services can best be progressed inFife. In <strong>the</strong> meantime, <strong>the</strong> remit of <strong>the</strong> two Transition Committees, as set out in <strong>the</strong>Council's Scheme of Administration, will be amended with effect from 1st April,2013 to reflect <strong>the</strong> revised role of <strong>the</strong> two Committees.4.0 Impact on <strong>the</strong> Work of Area Committees4.1 Stephen House, <strong>the</strong> new Chief Constable of <strong>the</strong> Police Service for Scotland hasindicated that, in addition to <strong>the</strong> Local Police Plans for each area, he wishes <strong>the</strong>re tobe a Police Ward Plan for each Council ward. The view of <strong>the</strong> Police TransitionCommittee is that such Ward Plans may not be of <strong>the</strong> same value as <strong>the</strong> existingarrangements which exist at Area level within Fife. It is considered that, within Fife,<strong>the</strong>re would be merit in police <strong>planning</strong> to be at Area ra<strong>the</strong>r than Ward level and <strong>the</strong>extent to which this may be possible is being explored. At present, Fife Councilbenefits from <strong>the</strong> presence of a Police Chief Inspector for each of <strong>the</strong> Council'sseven areas and assurances have been received that this arrangement willcontinue, at least in <strong>the</strong> short-term.4.2 Both <strong>the</strong> Police and Fire Transition Committees have recently considered reportsdetailing <strong>the</strong> resources presently available within Fife. This has been done to allowbenchmarking to take place comparing resources within Fife pre and post <strong>the</strong>implementation of <strong>the</strong> reforms. The Police and Fire and Rescue Services will beasked to identify <strong>the</strong> resources currently available within each of <strong>the</strong> Council'sseven areas and this will be <strong>the</strong> subject of a fur<strong>the</strong>r report to <strong>the</strong> Area Committee indue course.5.0 New Committee Arrangements5.1 As indicated above, both <strong>the</strong> Police and Fire and Rescue Transition Committees willbe considering how <strong>the</strong> Police and Fire Services can best be monitored andengaged with in <strong>the</strong> future. In considering what form such arrangements shouldtake, it would be helpful if <strong>the</strong> views of <strong>the</strong> Area Committees were made known to<strong>the</strong> Fire and Police Transition Committees prior to October, 2013.List of AppendicesNoneBackground PapersThe Police and Fire Reform (Scotland) Act 2012Report ContactIain Ma<strong>the</strong>sonChief Legal Officer, Corporate ServicesFife House, North Street, Glenro<strong>the</strong>sTelephone: 08451 55 55 55 (Ext. 442180)Email – iain.ma<strong>the</strong>son@<strong>fife</strong>.gov.uk54


Kirkcaldy Area Committee27 th March 2013Agenda Item No. 9Property DisposalsReport by: Ken Gourlay Head of Asset and Facilities Management ServicesWards Affected: AllPurposeTo update Members on <strong>the</strong> property disposal process and provide details of actual andanticipated disposals within <strong>the</strong> local area in <strong>the</strong> 10 years from 2013/14.Recommendation(s)Members are asked to note <strong>the</strong> contents of this report.Resource ImplicationsGeneral Fund Capital Receipts are a source of funding which supports <strong>the</strong> CapitalInvestment programme 2013-23. Income receipts from property disposals throughoutFife are projected to total £35 million over <strong>the</strong> ten year periodLegal & Risk ImplicationsThe assumed values which underlie <strong>the</strong> income projections are subject to futurerevision to reflect a variety of factors; <strong>the</strong> prevailing property and general economicconditions, third party performance and changes to <strong>the</strong> assets earmarked for disposal.As a consequence <strong>the</strong>re is a risk of delay in <strong>the</strong> timing and level of receipts. Major risksassociated with individual transactions are reported to <strong>the</strong> Executive Committee, ISGand Finance Service as appropriate.Impact AssessmentAs a major funding source which supports <strong>the</strong> Capital Investment Programme, deliveryof capital receipts contributes towards <strong>the</strong> achievement of <strong>the</strong> Council’s priorities.An EqIA checklist is not required because <strong>the</strong> report does not propose a change toexisting policies and practicesConsultationAll Members in which <strong>the</strong> properties are located will be advised of <strong>the</strong> proposeddisposal prior to marketing.55


1.0 Introduction1.1 The Estates team within Property Services are responsible for <strong>the</strong> administrationof <strong>the</strong> Councils property assets, <strong>the</strong> management, granting of leases,acquisitions disposals, valuation, rating and general property advice falls withinits remit. Some transactions related to business employment land are managedby Enterprise Planning and Protective Services.1.2 In <strong>the</strong> light of <strong>the</strong> change in administration, <strong>the</strong> introduction of revised Committeearrangements toge<strong>the</strong>r with <strong>the</strong> election of new Members, it is consideredappropriate to outline <strong>the</strong> consultation process followed prior to <strong>the</strong> disposal ofCouncil property assets.2.0 Background2.1 Property is held on a variety of accounts. This report has been prepared with afocus only on General Fund, capital receipts to be credited to HRA, CommonGood and <strong>the</strong> Employment Land Fund (Town Centre) have <strong>the</strong>refore beenexcluded. As discussions are still on-going, Fire and Police assets which will nottransfer to <strong>the</strong> new authorities with effect from 1 st April 2013 have also beenexcluded at this time.2.2 Properties identified as available for disposal have been generated from anumber of sources: Declared surplus as no longer required for Council purposes e.g. assetreplaced, obsolescent, etc. Declared surplus through specific programmes such as <strong>the</strong> OfficeRationalisation Project (ORP) or <strong>the</strong> Depot Rationalisation Project. Identified following a review of non-operational property -accommodation is not required for operational purposes and may nowbe offered for sale.2.3 Currently Asset Management officers are working with <strong>the</strong> various CouncilServices to develop a number of individual Service Asset Plans. These plansseek to identify individual Service property needs with a view to adapting <strong>the</strong>property portfolio to better suit <strong>the</strong>ir current and anticipated future needs. It islikely that this exercise will identify fur<strong>the</strong>r assets that will be made available forsale in due course.3.0 Disposal Process3.1 Once an asset has been identified as being available for sale and prior to <strong>the</strong>subjects being marketed, Members for <strong>the</strong> ward in which <strong>the</strong> asset is located areadvised of <strong>the</strong> proposed sale. Typically this consultation is by email and isundertaken in addition to any consultation on a closure undertaken previously aspart of a wider programme e.g. ORP or <strong>the</strong> halls and centres review.56


3.2 Proposed disposals are required to be referred to <strong>the</strong> Executive Committee forapproval where <strong>the</strong> anticipated value exceeds £100 000. The disposal process isgoverned by <strong>the</strong> Councils Standing Orders and Local Government legislationwhich require that <strong>the</strong> asset be sold at its market value. If a disposal is proposedat a figure less than market value this is also referred to <strong>the</strong> Executive.3.3 For disposals of assets with a value less than £100 000, <strong>the</strong> Council’s Schemeof Delegation delegates powers from <strong>the</strong> Executive Committee to <strong>the</strong> ExecutiveDirector (Corporate Services). Where <strong>the</strong> transaction has attracted conflictingviews or is considered to be controversial <strong>the</strong> endorsement of <strong>the</strong> ExecutiveCommittee will be sought even if within <strong>the</strong> delegated levels.3.4 Following <strong>the</strong> necessary approval, <strong>the</strong> majority of properties will be placed on <strong>the</strong>market by <strong>the</strong> Estates team or external property agents. Once bids are received,<strong>the</strong> offer which is determined to represent best value is accepted. The bid isusually <strong>the</strong> most financially advantageous however conditions within <strong>the</strong> offer areconsidered in determining <strong>the</strong> preferred offer.3.5 There are some assets which are taken to auction ra<strong>the</strong>r than traditionalmarketing and <strong>the</strong>se are sold to <strong>the</strong> highest bidder.3.6 In some instances a sale may take place off market where <strong>the</strong>re is clearly only asingle purchaser – for example <strong>the</strong> sale of a strip of land to enable <strong>the</strong> formationof a driveway access, or o<strong>the</strong>r interest which justifies treatment as a specialpurchaser.3.7 Whilst most of <strong>the</strong> disposals are anticipated and detailed on <strong>the</strong> attachedappendix, <strong>the</strong>re are some sales typically garden ground requests and similarwhich are not planned and arise as a consequence of residents or o<strong>the</strong>r thirdparty requests. In that event Members are also consulted prior to initiatingdisposal discussions.3.8 In addition to contacting Members prior to marketing specific properties, a list ofanticipated disposals is available on FISH and updated periodically. ShouldMembers require clarification or fur<strong>the</strong>r information on any proposed disposal<strong>the</strong>y should contact <strong>the</strong> Estates team.4.0 Capital Receipts4.1 The actual or anticipated gross capital receipts amount to approximately £35million of which circa £14.7 million is anticipated to be generated from <strong>the</strong> localarea. A breakdown of individual property transactions are provided in <strong>the</strong>Appendix. It should be noted that this list is indicative only and may be revisedin <strong>the</strong> light of future consultations.4.2 The timing of receipts is indicative only as transactions rely on 3 rd partyperformance, <strong>the</strong>re is <strong>the</strong>refore a possibility that for reasons beyond <strong>the</strong> controlof <strong>the</strong> Council <strong>the</strong> income receipts might slip into later financial years.57


4.3 Given <strong>the</strong> increased period of time between Members being consulted and <strong>the</strong>date of properties being disposed, it is proposed that an update report detailingprogress on disposals and anticipated sales, will be provided to <strong>the</strong> Local AreaChairs at 6 monthly intervals.5.0 Conclusion5.1 Members are invited to note <strong>the</strong> properties currently being marketed or identifiedfor future sale and that it is proposed that a fur<strong>the</strong>r update be provided at 6monthly intervals.List of AppendicesAppendix 1 – Property Disposals split by Local Area CommitteeReport ContactName: Michael J O’GormanService Manager EstatesProperty ServicesTelephone: 08451 55 55 55 (Ext. 440498)Email – michael.ogorman@<strong>fife</strong>.gov.uk58


Ward Case ID Property Type Property Service Anticipated Date of Sale Comments0 12570 Residential Spinney House, Ardroy, Lochgoilhead Community Services 01-Dec-13 Potential disposal of residential property.10 13109 Infrastructure Junction Improvement, Bridge Street, Community Services 01-Jun-13 Potential grant of licence for junctionKirkcaldyimprovement.10 12963 Amenity Land Land Adjacent to, 37 Nicol Drive, Burntisland Housing 01-Dec-13 Potential disposal of amenity land.10 12947 Amenity Land land Adjacent to, 14 Greenmount Road North, Housing 01-Dec-13 Potential disposal of amenity land.Burntisland10 4520 Agricultural North Myre, Kinghorn Environmental Services 01-Apr-14 Potential disposal of amenity land.10 6121 Amenity Land Ne<strong>the</strong>rgate, Kinghorn Community Services 01-Apr-14 Potential disposal of amenity land.10 11706 Garage Former Burgh Store & Flat, High Street, Common Good 01-Apr-14 Potential disposal of former house.Burntisland10 13084 Garage Seamill Haugh Road, Burntisland Community Services 01-Apr-14 Potential disposal of former garage.10 12389 Industrial West Broomhill Road, Burntisland Development Services 01-Dec-14 Potential disposal of industrialdevelopment plot.10 13043 Amenity Land Land Adjacent to, 26 Cotburn Crescent, Housing 01-Dec-14 Potential disposal of amenity land.Burntisland10 8533 Agreement Birrell's Wynd, Kinghorn Housing 01-Apr-15 Potential disposal of amenity land.10 13032 Amenity Land Additional Ground, Ne<strong>the</strong>rgate, Kinghorn Economic Development 01-Apr-15 Potential disposal of amenity land.10 10152 Depot Sou<strong>the</strong>rton Depot, Sou<strong>the</strong>rton Road, Common Good 01-Apr-16 Potential disposal of depot.Kirkcaldy10 11403 Development Site Seamill Pond, Haugh Road, Burntisland Community Services 01-Apr-16 Potential disposal of development land.10 10833 Development Site Residential Development Site, Shepherd Common Good 01-Apr-16 Disposal of potential residential plot.Crescent, Burntisland10 11993 Educational Burntisland Primary School, Ferguson Place, Education 01-Apr-17 Potential disposal of school..Burntisland11 12529 Amenity Land Alford Avenue, Kirkcaldy Housing 01-Apr-13 Potential grant of servitude for pipeline.11 10217 Development Site Housing Site, Ostlers Way, Kirkcaldy Asset & Facilities Management 31-Aug-13 Potential disposal of residentialdevelopment site.11 12528 Amenity Land 63 Kenmore Terrace, Kirkcaldy Housing 01-Dec-13 Potential disposal of amenity land.11 13162 Amenity Land Land Adjacent to, 16 Mcintoch Parade,Kirkcaldy11 12622 Amenity Land Warehouse 3 Hayfield Ind. Est, 3 HayfieldPlace, KirkcaldyEconomic Development 04-Dec-13 Potential disposal of amenity land.Housing 01-Apr-14 Potential disposal of amenity land.59


11 11932 Depot Works Depot, Hayfield Place, Kirkcaldy Depot Rationalisation 01-Apr-15 Potential disposal of depot.11 13106 Development Site Dunearn Drive, Kirkcaldy Housing 01-Apr-15 Potential disposal of amenity land.11 11890 Office Templehall Area Office, Beauly Place, Local Office/Local Services 01-Apr-16 Potential disposal of office.Kirkcaldy11 11995 Development Site Commercial Site, Chapel Level, Kirkcaldy Asset & Facilities Management 01-Apr-19 Potential disposal of commercialdevelopment site, partial receipt.11 13053 Development Site Commercial Site, Chapel Level, Kirkcaldy Asset & Facilities Management 01-Apr-20 Potential disposal of commercialdevelopment site, partial receipt.12 12877 Educational Dunearn Primary School, Cawdor Crescent,KirkcaldyEducation 14-Jun-13 Potential disposal of former Janitor'sHouse.12 12822 Residential 072a Ramsay Road, Kirkcaldy Social Work 01-Dec-13 Potential disposal of residential property.12 11887 Office Crossroads, 015 Wemyssfield, Kirkcaldy Social Work 01-Apr-14 Potential disposal of office.12 11888 Office Registrars Office, 007 East Fergus Place, Local Office/Local Services 01-Apr-14 Potential disposal of office.Kirkcaldy12 12555 Educational Dunearn Primary School, Cawdor Crescent, Education 01-Apr-14 Potential disposal of former school site.Kirkcaldy12 4925 Educational Former Nursery, Ramsay Road, Kirkcaldy Education 01-Apr-14 Potential disposal of former nursery.12 12673 Public Convenience Adamson Avenue, Kirkcaldy Environmental Services 01-Apr-14 Potential disposal of former publicconvenience.12 11892 Office Environmental Health Office, 3-5Environmental Services 01-Apr-15 Potential disposal of office.Wemyssfield, Kirkcaldy12 11883 Community Facility Kirkcaldy Library HQ, East Fergus Place, Community Services 01-Apr-15 Potential disposal of office.Kirkcaldy12 11899 Office Ramsay Road, Kirkcaldy Social Work 01-Apr-15 Potential disposal of office.12 11884 Office Broomlea, 001 Swan Road, Kirkcaldy Central Support 01-Apr-16 Potential disposal of office.12 11889 Office Forth House, Abbotshall Road, Kirkcaldy Local Office/Local Services 01-Apr-17 Potential disposal of office.13 10345 Industrial Plot 8, Carberry Road, Kirkcaldy Development Services 01-Apr-13 Potential disposal of industrialdevelopment plot.13 12684 Care Facility Viewforth Centre, Viewforth Street, Kirkcaldy Social Work 01-Dec-13 Potential disposal of office.13 13174 Industrial Land at, Myregormie Place, Kirkcaldy Economic Development 12-Dec-13 Potential disposal of amenity land.13 4123 Development Site Residential Development Site, 12 OrchardLane, Dysart13 12176 Amenity Land Roof & Roof Space, 6 East Albert Road,KirkcaldyDevelopment Services 01-Apr-14 Disposal of potential residential plot.Housing 01-Apr-14 Potential disposal of roof-space..60


13 11630 Amenity Land Wooded land, Middle Den, Hayfield Community Services 01-Apr-14 Potential disposal of amenity land.Road/Willow Drive, Kirkcaldy13 12416 Industrial Randolph Industrial Estate, Randolph Place, Economic Development 01-Apr-14 Potential disposal of amenity land.Kirkcaldy13 12582 Industrial Randolph Industrial Estate, Randolph Place, Economic Development 01-Apr-14 Potential disposal of amenity land.Kirkcaldy13 10581 Development Site Quality Street, Dysart Housing 01-Apr-15 Disposal of site to Kingdom Housing forAffordable Housing development.13 12664 Amenity Land Kirkcaldy Caravan Park, Dunnikier Way, Community Services 01-Apr-15 Potential disposal of amenity land.Kirkcaldy13 11933 Depot Denburn Yard, Denburn Road, Kirkcaldy Depot Rationalisation 01-Apr-16 Potential disposal of depot.13 11891 Office Kirkcaldy East Area Office, 2 Park Road, Local Office/Local Services 01-Apr-16 Potential disposal of office.Kirkcaldy13 11895 Office Marwood House, 34 - 48 St Clair Street, Local Office/Local Services 01-Apr-16 Potential disposal of office.Kirkcaldy13 12427 Industrial Plot 9, Carberry Road, Kirkcaldy Employment Land 01-Apr-16 Potential disposal of industrialdevelopment plot.13 12658 Industrial Plot 10, Carberry Road, Kirkcaldy Employment Land 01-Apr-16 Potential disposal of industrialdevelopment plot.13 12980 Development Site Dunnikier Business Park, Plot 6 Carberry Economic Development 01-Apr-16 Potential disposal of plot.Road, Kirkcaldy13 13139 Development Site Land at Michelson Ind Est, Between A921 & Economic Development 01-Apr-16 Potential disposal of industrial land.Merchant place, Kirkcaldy13 11333 Development Site Access Plot, Carberry Road, Kirkcaldy Development Services 01-Apr-17 Potential sale of access plot to adjacentlandowner.13 12131 Industrial Development Site, Wheatfield Road,KirkcaldyDevelopment Services 01-Apr-19 Potential disposal of industrialdevelopment plot.13 10337 Development Site 1 Acre Site, Carberry Road, Kirkcaldy Development Services 01-Apr-19 Potential disposal of industrialdevelopment plot.13 6846 Infrastructure Rosslyn Street, Kirkcaldy Transportation 01-Apr-19 Potential disposal of residentialdevelopment site.13 12424 Development Site Plot 3, Carberry Road, Kirkcaldy Economic Development 01-Apr-20 Potential disposal of industrialdevelopment plot.13 9562 Development Site Plot 2, Carberry Road, Kirkcaldy Development Services 01-Apr-20 Potential disposal of industrialdevelopment plot.13 12436 Development Site Dunnikier Business Park, Plot 5B CarberrryRoad, KirkcaldyEconomic Development 01-Apr-20 Potential disposal of industrialdevelopment plot.13 12295 Educational Viewforth School, Loughborough Road, Education 01-Apr-21 Potential disposal of school.Kirkcaldy13 13052 Industrial Carberry Road, Kirkcaldy Development Services 01-Apr-22 Potential disposal of commercialdevelopment site, partial receipt.13 3891 Industrial Carberry Road, Kirkcaldy Development Services 01-Apr-22 Potential disposal of commercialdevelopment site, partial receipt.61


Kirkcaldy Area Committee27 March 2013Agenda Item No. 10 (a)Update on Policing Activities within KirkcaldyPolicing Area – Multi-member Ward Policing PlansReport by: Chief Inspector Gordon MitchellWards Affected: AllPurposeThis report provides Committee members with an update on <strong>the</strong> development of Multi-Member Ward Policing Plans (MMWP's) for Burntisland, Kinghorn & Western Kirkcaldy,Kirkcaldy Central, Kirkcaldy East and Kirkcaldy North in support of <strong>the</strong> Fife DivisionPolicing Plan 2013-2014.Recommendation(s)Members are asked to note <strong>the</strong> continuing commitment of Fife Constabulary to maintainperformance in <strong>the</strong> transition to Police Scotland with its forthcoming Divisional PolicingPlan 2013-2014 priorities of Tackling Crime, Being <strong>the</strong>re for <strong>the</strong> Community, CreatingSafer Communities and Building on Success, in pursuit of Police Scotland's vision of'keeping people safe.'In addition, Members are asked to note <strong>the</strong> MMWP's for Burntisland, Kinghorn & WesternKirkcaldy, Kirkcaldy Central, Kirkcaldy East and Kirkcaldy North, which underpin <strong>the</strong>Divisional Policing Plan and provide a mechanism to hold Chief Inspectors to account fordelivery of local priorities.Resource ImplicationsNone.Legal & Risk ImplicationsFife Division of <strong>the</strong> Scottish Police Service has a delegated responsibility to play a full partin engaging with communities and partners not only to identify Divisional priorities but alsoto contribute to <strong>the</strong> Single Outcome Agreement contained in <strong>the</strong> Fife Community Plan2010 – 2020.62


Impact AssessmentThe Ward Plans have been Equality Impact Assessed.ConsultationThe transition to Fife Division of Police Scotland, and <strong>the</strong> development of MMWP's hasbeen underpinned by an extensive consultation exercise to ensure that ward levelcommunity plan priorities are delivered efficiently and cost effectively. Fife Divisionrecognises that effective and fair policing is about reflecting <strong>the</strong> needs and expectations ofindividuals and local communities. Survey results show that different communities havediffering expectations and contrasting experiences of <strong>the</strong> service provided by <strong>the</strong> police.Locally <strong>the</strong> MMWP's have been developed through analysis of local crime trends anddetailed environmental scanning processes. In addition your local community officers haveconsulted local community groups and <strong>the</strong> public in <strong>the</strong>ir areas. Consultation has alsoincluded a Fife-wide public consultation exercise carried out in September 2012 to identify<strong>the</strong> issues of greatest concern to communities. These consultation results made asignificant contribution in identifying <strong>the</strong> issues affecting each local ward area, which havebeen translated into <strong>the</strong> key priorities for <strong>the</strong> forthcoming Fife Division. This wascomplemented by mapping existing priorities and feedback from <strong>the</strong> current network of 42Community Engagement Meetings Fife-wide to <strong>the</strong> Fife Community Plan 2010-2020 andCommunity Safety Strategy 2011-2015 to develop draft MMWP's.The draft Multi-Member Ward Policing Plans have been discussed with elected Membersin <strong>the</strong> area. The responses received were positive and supportive in terms of content andpurpose.To meet our responsibilities in a national context <strong>the</strong> MMWP's priorities were linked to <strong>the</strong>Scottish Policing Assessment, which sets out priority areas for <strong>the</strong> Police Service ofScotland to <strong>the</strong> year 2015. It is a key document for <strong>the</strong> police in <strong>the</strong> continuous process ofmeeting future policing challenges and ensuring that <strong>the</strong> service we provide is of a highstandard. The Scottish Policing Assessment draws on information and intelligenceprovided by all <strong>the</strong> Scottish policing areas and law enforcement agencies as well asinformation from key partner agencies including <strong>the</strong> Scottish Government, LocalAuthorities and <strong>the</strong> public. It is through this assessment that risk in relation to crime anddisorder is prioritised.The MMWP's for <strong>the</strong> area have been developed as a result of this detailed analysis andconsultation.63


1.0 Background1.1 On 27 June 2012, <strong>the</strong> Scottish Parliament approved legislation for a single policeservice for Scotland. The legislation places a statutory duty on <strong>the</strong> Chief Constableto provide continuous improvement in <strong>the</strong> delivery of police services. It alsostipulates that <strong>the</strong> Chief Constable must designate a Local Police Commander foreach Local Authority area who will be responsible for involving that Authority indetermining priorities and objectives for policing in <strong>the</strong> local area. It has beendetermined that <strong>the</strong>re will be 14 policing divisions within Scotland, incorporating 32local authority areas, 73 Area Commands and 353 electoral multi-member wards.1.2 The Local Police Commander for Fife Division will be Chief Superintendent GarryMcEwan. By virtue of <strong>the</strong> Police and Fire Reform (Scotland) Act 2012, ChiefSuperintendent McEwan must prepare and submit a Local Policing Plan to FifeCouncil Police Transition Committee for approval as soon as is reasonablypracticable after <strong>the</strong> first Strategic Police Plan for Scotland is approved.2.0 Performance and MMWP's Update2.1 Multi-Member Ward Plans2.1.1 The Fife Division Policing Plan has been agreed by Chief SuperintendentMcEwan, and will be presented to <strong>the</strong> Police Transition Committee in March2013.2.1.2 Given our diverse communities, it is recognised that local priorities may varyfrom area to area. The use of ward level plans will enable Police Scotlandand Fife Division to maintain a local focus and commitment to tackling thoseissues that are of <strong>the</strong> greatest concern within our communities whilstdelivering consistency in approach across <strong>the</strong> country. The use of MultiMember Ward Policing Plans have key benefits; Demonstrates consistency of approach to policing across communities. Delivers enhanced local engagement and consultation. Enhances local accountability and scrutiny. Ensures continued commitment by <strong>the</strong> police service to deliver localpolicing. Provides a clear link from local level community concerns to nationalstrategic policing priorities.2.1.3 In this vein MMWP's linking community priorities, scrutiny and accountabilityhave been developed for <strong>the</strong> local area. The MMWP's identify local policingpriorities and outline <strong>the</strong> strategies put in place to address <strong>the</strong>se priorities. Inthis respect <strong>the</strong> MMWP's have been designed to compliment, inform andsupport <strong>the</strong> work of current Community Engagement Meetings.64


2.1.4 The priorities in <strong>the</strong> MMWP's have been developed to be subject to qualitativeand quantitative measurement for reporting at a local and national level. Thispositive development will see <strong>the</strong> Committee receiving regular performancereports directly linked to ward level policing activity from which Members canapply greater scrutiny than exists currently. This effectively means that for <strong>the</strong>first time <strong>the</strong> Committee will be in a position to hold <strong>the</strong> Area Chief Inspectorto account for <strong>the</strong> performance and delivery of local police services through<strong>the</strong>ir MMWP's. After consultation with members updates will be given at sixmonthly intervals.2.1.5 Copies of <strong>the</strong> Ward Plans are attached.2.1.6 Changes in leadership and structure nationally as Fife Constabularybecomes Fife Division of Police Scotland continue apace without impact on<strong>the</strong> policing of <strong>the</strong> Kirkcaldy area.3.0 ConclusionsThis report is respectfully submitted for <strong>the</strong> consideration of all <strong>committee</strong> members.Report ContactAuthor Name Gordon MitchellAuthor’s Job Title Chief Inspector, Kirkcaldy AreaWorkplace Police Station, KirkcaldyTelephone 10165


Burntisland, Kinghorn& Western KirkcaldyMulti Member Ward Plan 201366


Burntisland, Kinghorn & Western KirkcaldyMulti Member Ward Plan 2013This policing plan will outline <strong>the</strong>priorities your community identifiedduring our most recent consultationand will inform you of how we plan toaddress <strong>the</strong>m throughout <strong>the</strong> year.Our focus is to reduce crimeand disorder, to increase publicreassurance within your communityand to keep people safe.We will continue to work closelywith our partners to find effectivelong-term solutions to <strong>the</strong> issues youraised.This policing plan sets out how weintend to deal with your priorities.Local PrioritiesYou identified that <strong>the</strong> policingpriorities for <strong>the</strong> Burntisland, Kinghorn& Western Kirkcaldy area were:1. Road Safety2. Antisocial BehaviourYou told us your concerns aboutpeople, particularly young people,engaging in antisocial behaviour,including vandalism and graffiti.3. Drug and Alcohol MisuseYou told us your concerns aboutpeople misusing drugs and alcohol,highlighting how drug and alcoholabuse leads to offending behaviour,and <strong>the</strong> effect this behaviour has on<strong>the</strong> law-abiding public.We have acted on your concernsand are sure you will have seenimprovements in <strong>the</strong> Burntisland,Kinghorn and Western Kirkcaldy areas.Have your say – You can influence<strong>the</strong> police and partnership prioritiesfor your area by attending your8-weekly Community EngagementMeeting.You told us your concerns aboutRoad Safety, particularly driversspeeding and parking illegally orinconsiderately.67www.scotland.police.uk


Actions carried out to date• We have dedicated specificCommunity Police Officers topatrol your area and to listento and address your concerns.Community EngagementMeetings ensure that we remainfocused on specific currentconcerns and work with partneragencies to tackle <strong>the</strong> identifiedpriorities We tackle emergingissues and crime trends, tracingthose responsible for committingcrime where you live.• We have carried out regularhigh visibility and plain clo<strong>the</strong>spatrols in key locations to reduceantisocial behaviour, disruptcrime and deliver high levels ofpublic reassurance.• By using fixed penalty noticesand reporting offenders we haveproactively targeted drinking inpublic areas, whilst continuallyga<strong>the</strong>ring intelligence as to who<strong>the</strong> regular offenders are and <strong>the</strong>likely ‘hot spots’ for such activity.• We have worked closelywith partners to successfullytarget antisocial behaviouroffenders using civillegislation such as AntisocialBehaviour Orders, as well asthrough <strong>the</strong> criminal courts.• We carry out dedicated patrolswithin <strong>the</strong> iconic Beveridge Parkand support an array of sporting,charity and leisure events toensure <strong>the</strong> community and touristscan enjoy <strong>the</strong> park safely.• We have successfully disrupted <strong>the</strong>activities of suspected drug dealersthrough a series of intelligence ledoperations, seizing drugs and alsomoney by using Proceeds ofCrime legislation.• We have carried out regular speedchecks to detect offenders andinfluence driver behaviour bothnear to schools and on rural roadsthroughout <strong>the</strong> area.• We have been working withpartners, including Fife Counciland local schools, to developlonger-term solutions to roadsafety in <strong>the</strong> community.• We make regular use of resourcessuch as Operation LASER tofocus on problem areas whereantisocial behaviour has become acommunity concern.• We have visited licensed premisesto enforce licensing laws anddeter <strong>the</strong> sale of alcohol to under-18s. Test Purchase Operations,whereby 16 year olds are sent intolicensed premises to buy alcoholhave taken place, with one localshop owner being reported to <strong>the</strong>Procurator Fiscal.68www.scotland.police.uk


In <strong>the</strong> Coming Months• We will continue to utiliselocal resources and thoseavailable through CampaignAgainst Violence (CAV) to targetantisocial behaviour in <strong>the</strong> areato provide a reassuring presenceto <strong>the</strong> community.• We will continue to address yourconcerns through CommunityEngagement Meetings, workingwith our partner agencies to tackleidentified priorities.• We will continue to carry out highvisibility patrol in your area toreduce antisocial behaviour and todisrupt and deter criminals, as wellas to help us continue buildingstronger and more personalrelationships with <strong>the</strong> localcommunities we serve.• We will continue to work inpartnership with o<strong>the</strong>r agencies toreduce antisocial behaviour andto positively engage with youngpeople in order to divert <strong>the</strong>maway from offending behaviour.• For those who continue to persistin committing antisocial behaviour,we will work with local Housingassociations to ensure action istaken against <strong>the</strong> tenancies ofprolific offenders.• We will continue to ga<strong>the</strong>rintelligence on drug dealers,obtain search warrants andexecute <strong>the</strong>se in your area. We willuse all <strong>the</strong> powers we have at ourdisposal to disrupt drug dealingand misuse in <strong>the</strong> area.• We will continue to enforce roadsafety by targeting speedingmotorists and irresponsibleparkers, as well as educatingroad users with <strong>the</strong> intent ofimproving driver behaviourthroughout <strong>the</strong> area.• We will continue to work withpartners to develop long-termsolutions to road safety issues.• We will continue to work withlicensed premises to disrupt<strong>the</strong> sale of alcohol to anyoneunder <strong>the</strong> age of 18 in an effortto reduce antisocial behaviour.Proxy sales, whereby adults buyalcohol for young people, willalso be targeted.• We will work in conjunction withFife Council and event organisersto ensure <strong>the</strong> public continue toenjoy <strong>the</strong> facilities at BeveridgePark in a safe environment.69www.scotland.police.uk


Useful informationBurntisland, Kinghorn & WesternKirkcaldyMulti Member Ward TeamOur team covers Burntisland,Kinghorn and Western Kirkcaldy.Contact DetailsBurntisland Police Station,60 High Street,Burntisland,Fife,KY3 9ASGroup e-mail addressFifeBurntislandKinghornWesternKirkcaldyCPTGrpX@scotland.pnn.police.ukThis group e-mail address isprovided for you to contact your localCommunity Policing Team to discussnon-urgent local crime or antisocialbehaviour problems. This should notbe used to report a crime or incident.All e-mails will be responded to within48 hours.For more detailed information aboutyour local Community Policing Teamand o<strong>the</strong>r services that PoliceScotland provides, please refer to <strong>the</strong>Force website at:We are here to helpWe will continue to keep in touchwith you to keep you updated on <strong>the</strong>ongoing work being done to tackle<strong>the</strong> issues that are affecting life foryou and your community.• If you have any concerns or issuesyou wish to discuss, contact yourlocal Community Policing Team.• Dial 999 for an emergency thatrequires urgent police attention.• For non-emergency contact, call101, <strong>the</strong> single non-emergencynumber.• Give information about crimewithout revealing your identity toCrimestoppers on 0800 555 111or at www.crimestoppers-uk.orgCrimestoppers is an independentcharity and not part of <strong>the</strong> Police.• Service users who are deaf or havea hearing impairment can contactPolice Scotland via TextRelay inan emergency on 18000 or nonemergencyon 18001 101.We respect your right toconfidentiality and will not visit youwithout checking first.www.scotland.police.ukIf you, or anyone you know, require fur<strong>the</strong>r assistance regarding this document please contact yourlocal Community Policing Team.70www.scotland.police.uk


Kirkcaldy NorthMulti Member Ward Plan 201371


Kirkcaldy NorthMulti Member Ward Plan 2013This policing plan will outline <strong>the</strong>priorities your community identifiedduring our most recent consultationand will inform you of how we plan toaddress <strong>the</strong>m throughout <strong>the</strong> year.Our focus is to reduce crimeand disorder, to increase publicreassurance within your communityand to keep people safe.We will continue to work closelywith our partners to find effectivelong-term solutions to <strong>the</strong> issues youraised.This policing plan sets out how weintend to deal with your priorities.Local PrioritiesYou identified that <strong>the</strong> policingpriorities for <strong>the</strong> Kirkcaldy North areawere:2. Road SafetyYou told us your concerns about roadsafety issues, particularly speedingand inappropriate use of motorvehicles.3. Drug and Alcohol MisuseYou told us your concerns about drugand alcohol misuse in your area and<strong>the</strong> subsequent impact it has on yourcommunity wellbeing.We have acted on your concernsand are sure you will have seenimprovements in <strong>the</strong> Kirkcaldy Northarea.Have your say – You can influence<strong>the</strong> police and partnership prioritiesfor your area by attending your8-weekly Community EngagementMeeting.1. Antisocial BehaviourYou told us your concerns aboutpersons, particular young people,obtaining alcohol or drugs andsubsequently engaging in disorderlybehaviour. You were concerned about<strong>the</strong> negative impact this was havingon your community.72www.scotland.police.uk


Actions carried out to date• We have worked closely with localpartners against tenants involvedin antisocial behaviour. They havenot only been dealt with through<strong>the</strong> courts but also by being servedbreach of tenancy notices.• Acting upon information receivedfrom <strong>the</strong> community we addressed<strong>the</strong> sale of alcohol to youngpersons. A number of retailerswere reported, and we have sincewitnessed a marked improvementin retail staff training within offsalespremises.• Working in partnership with localCommunity Wardens, specificareas have been identified asantisocial behaviour hotspots. Thishas allowed us to adopt a targetedapproach towards certain areas,resulting in a marked improvementto <strong>the</strong> welfare of local residents.• Officers have carried out highvisibility foot patrols within<strong>the</strong> area targeting <strong>the</strong> illegalconsumption of alcohol in public.As a result a large quantity ofalcohol has been seized and anumber of fixed penalty ticketshave been issued.• We have a dedicated CommunityPolicing Team that patrol yourarea and listen to and addressyour concerns. CommunityEngagement Meetings ensure thatwe remain focused on specificcurrent concerns and work withpartner agencies to tackle <strong>the</strong>identified priorities.• Intelligence-led action plans haveresulted in seizures of off-roadmotorbikes that have been usedillegally in your area. The ridershave subsequently been reportedto <strong>the</strong> Procurator Fiscal for roadtraffic offences and <strong>the</strong>ir bikeshave been seized.• We have acted upon intelligencereceived by you and mountedseveral very successful drugssearch operations. This hasresulted in <strong>the</strong> seizure of not onlya substantial amount of controlleddrugs, but also a sizeable amountof money under <strong>the</strong> Proceeds ofCrime Act.• By working with our partners wehave engaged with local youthshighlighting <strong>the</strong> dangers of drugand alcohol misuse.• We organised <strong>the</strong> youth diversionevent Safe and Sound with <strong>the</strong>aid of local partners. This broughttoge<strong>the</strong>r a number of experts in<strong>the</strong>ir respective fields to providedetailed and accurate advice toyoung people in <strong>the</strong> area.• We make regular use of resourcessuch as Operation LASER tofocus on problem areas whereantisocial behaviour has become acommunity concern.73www.scotland.police.uk


In <strong>the</strong> Coming Months• We will continue to work with ourpartners to ensure a multi agencyapproach to solving issues thatcause you most concern.• We have dedicated specificCommunity Police Officers topatrol your area and to listento and address your concerns.They will carry out high visibilitypatrols in order to prevent anddetect crime, as well as providecontinued reassurance and buildstronger relationships with thosewho work and live in <strong>the</strong> area.• We will continue to take a proactivestance when it comes toemerging trends and make effortsto eradicate issues affecting yourquality of life.• We will continue in our work for<strong>the</strong> protection of <strong>the</strong> vulnerable,including <strong>the</strong> young, <strong>the</strong> elderly,<strong>the</strong> disabled or those of ethnicminority in your community.• We will continue to enforce <strong>the</strong>law, as well as educate drivers in allaspects of road safety, and we willwork with partners to find longtermsolutions to certain roadsafety issues.• We will continue to act uponintelligence you provide to tackledrug dealers and users in <strong>the</strong>area, utilising all <strong>the</strong> powers wehave at our disposal, including<strong>the</strong> Proceeds of Crime Act, todisrupt <strong>the</strong> trade of drugs andthose involved.• We will continue to work withour Community Safety Officerand o<strong>the</strong>r local partners in anattempt to prevent crime andcreate safe communities.• We will continue to facilitateengagement opportunities byattending Community EngagementMeetings where you can speakfreely with us and voice yourconcerns about your community.• We will continue to utiliselocal resources and thoseavailable through CampaignAgainst Violence (CAV) to targetantisocial behaviour in <strong>the</strong> areato provide a reassuring presenceto <strong>the</strong> community.74www.scotland.police.uk


Useful informationKirkcaldy NorthMulti Member Ward TeamMulti Member Ward Areas: Our Teamcovers areas of Kirkcaldy North.Contact DetailsKirkcaldy Police Station,St. Brycedale Avenue,Kirkcaldy,Fife,KY1 1EUGroup e-mail addressFifeKirkcaldyNorthCPTGrpX@Scotland.pnn.police.ukThis group e-mail address isprovided for you to contact your localCommunity Policing Team to discussnon-urgent local crime or antisocialbehaviour problems. This should notbe used to report a crime or incident.All e-mails will be responded to within48 hours.For more detailed information aboutyour local Community Policing Teamand o<strong>the</strong>r services that PoliceScotland provides, please refer to <strong>the</strong>Force website at:www.scotland.police.ukWe are here to helpWe will continue to keep in touchwith you to keep you updated on <strong>the</strong>ongoing work being done to tackle<strong>the</strong> issues that are affecting life foryou and your community.• If you have any concerns or issuesyou wish to discuss, contact yourlocal Community Policing Team.• Dial 999 for an emergency thatrequires urgent police attention.• For non-emergency contact, call101, <strong>the</strong> single non-emergencynumber.• Give information about crimewithout revealing your identity toCrimestoppers on 0800 555 111or at www.crimestoppers-uk.orgCrimestoppers is an independentcharity and not part of <strong>the</strong> Police.• Service users who are deaf or havea hearing impairment can contactPolice Scotland via TextRelay inan emergency on 18000 or nonemergencyon 18001 101.We respect your right toconfidentiality and will not visit youwithout checking first.If you, or anyone you know, require fur<strong>the</strong>r assistance regarding this document please contact yourlocal Community Policing Team.75www.scotland.police.uk


Kirkcaldy CentralMulti Member Ward Plan 201376


Kirkcaldy CentralMulti Member Ward Plan 2013This policing plan will outline <strong>the</strong>priorities your community identifiedduring our most recent consultationand will inform you of how we plan toaddress <strong>the</strong>m throughout <strong>the</strong> year.Our focus is to reduce crimeand disorder, to increase publicreassurance within your communityand to keep people safe.We will continue to work closelywith our partners to find effectivelong-term solutions to <strong>the</strong> issues youraised.This policing plan sets out how weintend to deal with your priorities.Local PrioritiesYou identified that <strong>the</strong> policingpriorities for <strong>the</strong> Kirkcaldy Central areawere:1. Road SafetyYou told us your concerns regardingroad safety issues, particularlyspeeding offences being committedby antisocial drivers.2. Antisocial BehaviourYou told us your concerns aboutpeople, particularly young people,engaging in antisocial behaviour,carrying out acts of disorder andvandalism as a result. You wereconcerned about <strong>the</strong> negative impactthis was having on your community.3. DishonestyYou told us about your concernsrelating to domestic <strong>the</strong>ft byhousebreaking, whereby homes arebroken into and property is stolen.You were also concerned about <strong>the</strong>safety of your property whilst out inpublic. Theft by shoplifting is an issuethat was particularly highlighted inretail areas.4. Drug and Alcohol MisuseYou told us your concerns abouthow drug and alcohol abuse leads tooffending behaviour and <strong>the</strong> effectthis behaviour has on communities.We have acted on your concernsand are sure you will have seenimprovements in <strong>the</strong> Kirkcaldy Centralarea.Have your say – You can influence<strong>the</strong> police and partnership prioritiesfor your area by attending your8-weekly Community EngagementMeeting.77www.scotland.police.uk


Actions carried out to date• We have a dedicated CommunityPolicing Team that patrol yourarea and listen to and addressyour concerns. CommunityEngagement Meetings ensure thatwe remain focused on specificcurrent concerns and work withpartner agencies to tackle <strong>the</strong>identified priorities.• High visibility foot and cyclepatrols continue to be carriedout in <strong>the</strong> areas causingyou most concern, aimed atreducing antiscocial behaviourand delivering high levels ofpublic reassurance.• We have dedicated CommunityPolice Officers patrolling yourarea, listening to and addressingyour concerns.• We have dedicated CommunityPolice Officers and CommunityTraffic Wardens deploying withhandheld speed detection devicesto deter and detect speedingoffences being committed byantiscocial drivers.• Dedicated Safer Towns Officerspatrol <strong>the</strong> Town Centre everyday to target prolific shopliftersand ensure a safe shoppingexperience for those that chooseto visit Kirkcaldy’s High Street andsurrounding areas.• We have targeted problem off-salesand licensed premises to inhibit <strong>the</strong>illegal supply of alcohol to youngpersons, which in turn addressesviolence and antisocial behaviour.• By working in partnership we havebeen engaging with local youths in<strong>the</strong> community in order to minimisealcohol and substance abuseleading to a reduction in offending.• We make regular use of resourcessuch as Operation LASER tofocus on problem areas whereantisocial behaviour has become acommunity concern.• We continue to work with localhousing associations to targetpersons who persistently behave inan antisocial manner. We support<strong>the</strong> use of ASBOs and shareinformation to assist in <strong>the</strong> earlyeviction of problem tenants.78www.scotland.police.uk


In <strong>the</strong> Coming Months• We will continue to utilise stop andsearch powers to identify personssuspected of being in possessionof controlled drugs in areas wheredrug dealing and substance misuseare prevalent.• We will continue to deploy withhandheld speed detection devicesto deter and detect speedingoffences being committed byantisocial drivers.• We will continue to target underagedrinking and <strong>the</strong> illegal sale/supply of alcohol by workingclosely with local licensees.• Preventing drug related offencesis a high priority for us and we willwork with you and our partners toincrease <strong>the</strong> flow of information in<strong>the</strong> community.• We will work closely with partnersusing a variety of methods,including open space and mobileCCTV, to deter known offenders,before <strong>the</strong>y have <strong>the</strong> opportunityto commit crime in <strong>the</strong> TownCentre.• We will continue to work inclose partnership with our localcommunity groups and Partners toensure a co-ordinated approach toissues within <strong>the</strong> community thatcause you most concern.• Safer Towns officers will continueto work in <strong>the</strong> Town Centre,targeting all those who choose tocommit crime in <strong>the</strong> area. Theywill maintain high visibility patrolsto provide reassurance to thosethat live, work and visit <strong>the</strong> area.• We will continue to work with ourCommunity Safety Officer ando<strong>the</strong>r local partners in an attemptto prevent and detect <strong>the</strong>fts, bothfrom within <strong>the</strong> home and in public.• We will continue to attend regularlocal Community EngagementMeetings to listen to your views on<strong>the</strong> issues that are important to you.• We will continue to utiliselocal resources and thoseavailable through CampaignAgainst Violence (CAV) to targetantisocial behaviour in <strong>the</strong> areato provide a reassuring presenceto <strong>the</strong> community.79www.scotland.police.uk


Useful informationKirkcaldy CentralMulti Member Ward TeamMulti Member Ward Areas: Our Teamcovers <strong>the</strong> Kirkcaldy Central area.Contact DetailsKirkcaldy Police Station,St. Brycedale Avenue,Kirkcaldy,Fife,KY1 1EUGroup e-mail addressFifeKirkcaldyCentralCPTGrpX@scotland.pnn.police.ukThis group e-mail address isprovided for you to contact your localCommunity Policing Team to discussnon-urgent local crime or antisocialbehaviour problems. This should notbe used to report a crime or incident.All e-mails will be responded to within48 hours.For more detailed information aboutyour local Community Policing Teamand o<strong>the</strong>r services that PoliceScotland provides, please refer to <strong>the</strong>Force website at:www.scotland.police.ukWe are here to helpWe will continue to keep in touchwith you to keep you updated on <strong>the</strong>ongoing work being done to tackle<strong>the</strong> issues that are affecting life foryou and your community.• If you have any concerns or issuesyou wish to discuss, contact yourlocal Community Policing Team.• Dial 999 for an emergency thatrequires urgent police attention.• For non-emergency contact, call101, <strong>the</strong> single non-emergencynumber.• Give information about crimewithout revealing your identity toCrimestoppers on 0800 555 111or at www.crimestoppers-uk.orgCrimestoppers is an independentcharity and not part of <strong>the</strong> Police.• Service users who are deaf or havea hearing impairment can contactPolice Scotland via TextRelay inan emergency on 18000 or nonemergencyon 18001 101.We respect your right toconfidentiality and will not visit youwithout checking first.If you, or anyone you know, require fur<strong>the</strong>r assistance regarding this document please contact yourlocal Community Policing Team.80www.scotland.police.uk


Kirkcaldy EastMulti Member Ward Plan 201381


Kirkcaldy EastMulti Member Ward Plan 2013This policing plan will outline <strong>the</strong>priorities your community identifiedduring our most recent consultationand will inform you of how we plan toaddress <strong>the</strong>m throughout <strong>the</strong> year.Our focus is to reduce crimeand disorder, to increase publicreassurance within your communityand to keep people safe.We will continue to work closelywith our partners to find effectivelong-term solutions to <strong>the</strong> issues youraised.This policing plan sets out how weintend to deal with your priorities.Local PrioritiesYou identified that <strong>the</strong> policingpriorities for <strong>the</strong> Kirkcaldy East areawere:1. Road Safety Including Parkingand Speeding IssuesYou told us your concerns about roadsafety issues, particularly speedingoffences being committed byantisocial drivers.2. Antisocial Behaviour IncludingVandalismYou told us your concerns aboutpeople, particularly young people,obtaining alcohol and engaging inantisocial behaviour, carrying outacts of disorder and vandalism as aresult. You were concerned about <strong>the</strong>negative impact this was having onyour community.3. Drug MisuseYou told us your concerns aboutdrug dealing and drug misuse in <strong>the</strong>area and <strong>the</strong> impact on communitywellbeing.We have acted on your concernsand are sure you will have seenimprovements in <strong>the</strong> Kirkcaldy Eastarea.Have your say – You can influence<strong>the</strong> police and partnership prioritiesfor your area by attending your8-weekly Community EngagementMeeting.82www.scotland.police.uk


Actions carried out to date• We have a dedicated CommunityPolicing Team that patrol yourarea and listen to and addressyour concerns. CommunityEngagement Meetings ensure thatwe remain focused on specificcurrent concerns and work withpartner agencies to tackle <strong>the</strong>identified priorities.• We have carried out daily highvisibility foot and cycle patrolsin <strong>the</strong> areas causing you mostconcern, to reduce antisocialbehaviour and deliver high levelsof public reassurance.• We have dedicated CommunityPolice Officers to patrol yourarea and to listen to and addressyour concerns.• We have dedicated communitypolice officers deployed withhandheld speed detectiondevices to deter and detectspeeding offences beingcommitted by antisocial drivers.We have been working withpartners with a view to findinga longer-term solution to RoadSafety issues in your community.• We have targeted licensedpremises to tackle violence andantisocial behaviour, which hasalso helped prevent young peoplefrom illegally accessing alcohol.• We have been working withpartners to identify those whopersistently engage in antisocialbehaviour and we are issuingAntisocial Behaviour Orders(ASBOs) to deal with <strong>the</strong>m.• By working in partnership wehave been engaging with localyouths in <strong>the</strong> community inorder to minimise drug andalcohol abuse, resulting in areduction in offending.• Through information providedby you we will continue todisrupt drug dealing, using all <strong>the</strong>resources we have available atour disposal to tackle those whochoose to supply and use drugs inour area.• We make regular use of resourcessuch as Operation LASER tofocus on problem areas whereantisocial behaviour has become acommunity concern.83www.scotland.police.uk


In <strong>the</strong> Coming Months• We will continue to address yourconcerns through CommunityEngagement Meetings, workingwith our partner agencies to tackleidentified priorities.• We will continue to utilise stopsearchpowers to identify personssuspected to be in possession ofcontrolled drugs.• We will continue to deployhandheld speed detectiondevices to deter and detectspeeding offences.• We will continue to target underagedrinking and <strong>the</strong> illegal sale/supply of alcohol to young peoplein your community by workingclosely with local licensees.• We will continue to useenforcement measures on personsselling, buying or attempting tobuy alcohol for young people.• We will continue to work inclose partnership with our localcommunity groups and partners toensure a co-ordinated approachto issues within your communitythat cause you most concern.• We will continue to attend regularlocal Community EngagementMeetings to listen to your views on<strong>the</strong> issues that are important to you.• We will continue to utiliselocal resources and thoseavailable through CampaignAgainst Violence (CAV) to targetantisocial behaviour in <strong>the</strong> areato provide a reassuring presenceto <strong>the</strong> community.• Preventing drugs related offencesis a high priority and we willwork with you and our partnersto increase intelligence to targetdrug dealers.84www.scotland.police.uk


Useful informationKirkcaldy EastMulti Member Ward TeamMulti Member Ward Areas: Our Teamcovers areas of Kirkcaldy East.Contact DetailsKirkcaldy Police Station,St. Brycedale Avenue,Kirkcaldy,Fife,KY1 1EUGroup e-mail addressFifeKirkcaldyEastCPTGrpX@scotland.pnn.police.ukThis group e-mail address isprovided for you to contact your localCommunity Policing Team to discussnon-urgent local crime or antisocialbehaviour problems. This should notbe used to report a crime or incident.All e-mails will be responded to within48 hours.For more detailed information aboutyour local Community Policing Teamand o<strong>the</strong>r services that PoliceScotland provides, please refer to <strong>the</strong>Force website at:www.scotland.police.ukWe are here to helpWe will continue to keep in touchwith you to keep you updated on <strong>the</strong>ongoing work being done to tackle<strong>the</strong> issues that are affecting life foryou and your community.• If you have any concerns or issuesyou wish to discuss, contact yourlocal Community Policing Team.• Dial 999 for an emergency thatrequires urgent police attention.• For non-emergency contact, call101, <strong>the</strong> single non-emergencynumber.• Give information about crimewithout revealing your identity toCrimestoppers on 0800 555 111or at www.crimestoppers-uk.orgCrimestoppers is an independentcharity and not part of <strong>the</strong> Police.• Service users who are deaf or havea hearing impairment can contactPolice Scotland via TextRelay inan emergency on 18000 or nonemergencyon 18001 101.We respect your right toconfidentiality and will not visit youwithout checking first.If you, or anyone you know, require fur<strong>the</strong>r assistance regarding this document please contact yourlocal Community Policing Team.85www.scotland.police.uk


Kirkcaldy Area Committee27 March 2013Agenda Item No. 10 (b)Update on Policing Activities within KirkcaldyPolicing Area – Parking EnforcementReport by: Chief Inspector Gordon MitchellWards Affected: 12PurposeThis report provides Committee members with an update on <strong>the</strong> subject of parkingenforcement within <strong>the</strong> Town Centre area of Kirkcaldy.RecommendationThe Committee is asked to note <strong>the</strong> report.Resource ImplicationsNone.Legal & Risk ImplicationsNone.Impact AssessmentAn EqIA checklist is not required, because <strong>the</strong> report does not propose a change toexisting policies and practices.ConsultationPlease see paragraph 1.2 below.86


1.0 Background1.1 Fife Constabulary has during 2012-2013 maintained <strong>the</strong> commitment towards <strong>the</strong>Policing Plan objective of Creating Safer Communities by ensuring a proactiveapproach towards road safety. This approach will continue in pursuit of PoliceScotland's vision of 'keeping people safe.'1.2 Town Centre Community Officers have hosted bi-monthly Community EngagementMeetings with local retailers and residents, with irresponsible and illegal parkingbeing raised as priority within <strong>the</strong> ward area. Consultation with retailers, residents,and Fife Council has allowed for a proactive and focussed approach towardsparking enforcement and education.2.0 Performance Update2.1 Recognition of Parking Issues, Partnership Working, and Enforcement2.1.1 To address residents and retailers concerns regarding an on-going issuerelating to vehicles with disabled badges being parked on Kirkcaldy HighStreet outwith <strong>the</strong> permitted timescales. A local action plan was devised byCommunity Officers in conjunction with Community Traffic Wardens aimed attargeting offending vehicles, with <strong>the</strong> initial outcomes:75 Fixed Penalty Notices issued.20 drivers warned and given advice about <strong>the</strong>ir parking.61 blue badges checked with no offences found.2.1.2 During <strong>the</strong> enforcement of this action plan, Community Officers were notifiedof vehicles regularly parking on a footpath at an unmarked pedestriancrossing on Hill Street, Kirkcaldy; inhibiting pedestrian movement. Liaisonwith Fife Council resulted in bollards being placed in <strong>the</strong> area, negating <strong>the</strong>problem.2.1.3 Specific retailers have been identified to Community Officers as havingcustomers that frequently commit parking offences outside <strong>the</strong>ir premises.Officers have regularly visited <strong>the</strong>se retailers to educate staff andmanagement of <strong>the</strong>ir responsibility to provide appropriate guidance tocustomers as to where <strong>the</strong>y may park <strong>the</strong>ir vehicles.2.1.4 Fixed Penalty Notices have been issued as follows:November 2012 – 30 offences on Kirkcaldy High StDecember 2012 – 38 offences on Kirkcaldy High StJanuary 2013 – 30 offences on Kirkcaldy High St and EsplanadeFebruary 2013 – 29 offences on Kirkcaldy High St and Esplanade87


2.2 Identifying Unenforceable Areas2.2.1 In December 2012 a number of areas of Kirkcaldy Town Centre wereidentified by Community Traffic Wardens as being unenforceable due to pooror absent road markings and signage. Community Officers have highlightedspecific areas of concern to Transportation Services.3.0 ConclusionsThis report is submitted for noting.Report ContactAuthor Name Gordon MitchellAuthor’s Job Title Chief Inspector, Kirkcaldy AreaWorkplace Police Station, KirkcaldyTelephone 101388


Kirkcaldy Committee27 th March 2013Agenda Item No. 11SHQS Investment Report 2013/14Report by: Derek Muir, Head of Housing & Neighbourhood ServicesWards Affected: Kirkcaldy NorthPurposeBurntisland, Kinghorn & Western KirkcaldyKirkcaldy CentralKirkcaldy SouthThis report provides details of <strong>the</strong> proposed SHQS & Fife Standard investment by workelement in <strong>the</strong> Kirkcaldy area for 2013 - 14 by element of work. The scale and extent of <strong>the</strong>final programme to be delivered has been determined by <strong>the</strong> strategic prioritisation andassociated budget for this period by Fife Council.A separate report is scheduled to be submitted to <strong>the</strong> Executive Committee of 26 th March2013 detailing overall budgets and targets to support a three year investment programme2013 - 16 to ensure <strong>the</strong> delivery of <strong>the</strong> ‘Scottish Housing Quality Standard / Fife Standard’by 2015, toge<strong>the</strong>r with a ‘Wider works’ and ‘Policy Options’ programme.Recommendation(s)Note <strong>the</strong> provisional investment of £7.661m allocated towards <strong>the</strong> improvement of <strong>the</strong>housing stock in <strong>the</strong> Kirkcaldy area and note that <strong>the</strong>re will be fur<strong>the</strong>r discussions at Wardlevel about <strong>the</strong> agreed programme for 2013/14 and <strong>the</strong> programme for 2014/15.Resource ImplicationsThe resource requirements to meet <strong>the</strong> programme outlined are as previously approved.Legal & Risk ImplicationsThe principal risks lie in ensuring that <strong>the</strong> Scottish Housing Quality Standard is achievedby 2015 and o<strong>the</strong>r statutory property maintenance obligations are met.Impact AssessmentAn EqIA is not required because <strong>the</strong> report does not propose a change to existing policies.ConsultationMembers were sent <strong>the</strong> draft programme for 2013/14 in July 2012 and all commentsreceived have been incorporated. Members were also sent <strong>the</strong> provisional lists for2014/15.89


1.0 Introduction1.1 Properties are surveyed using proprietary stock condition software. This data is fedinto a database which is <strong>the</strong>n used to generate programmes. The undernotednotional life cycles are used:-.‣ Kitchens - 20 years‣ Bathrooms - 30 years‣ Roofs - pitched 60 years, Flat 20 years‣ Heating - 15 years‣ Windows and Doors - 30 years1.2 The current SHQS year-end target for 2013/14 is 88.1% compliance across FifeCouncil housing stock leading in to <strong>the</strong> March 2015 deadline of 100% compliance.There are no separate targets for <strong>the</strong> Kirkcaldy area.To achieve this a budget of £37.631 million excluding inflation is proposed for2013/14 to cover all works needed across Fife. This is subject to decision at bothFife Council on 14th Feb 2013 (HRA Budget Report) and <strong>the</strong> Executive Committeeon 26th March 2013 (HRA Investment Programme).2.0 2013/14 Programme2.1 The table below summarises <strong>the</strong> proposed investment in <strong>the</strong> Kirkcaldy area. Asummary of <strong>the</strong> addresses are listed in Appendix 1 to this report – <strong>the</strong> fullprogramme will be e-mailed to members prior to <strong>committee</strong>.KirkcaldyValue£mFife NotionalTarget*Heating 435 2.472 2000Kitchen 488 1.876 2100Rewire 627 1.639 960Roof 84 0.399 300Roughcast 97 0.377 800Showers 23 0.070 300Windows & Doors 137 0.828 690Total 1891 7.661 7150* - subject to agreement of Fife Council on 14th Feb 2013 & Executive Committee on26 th March 2013.90


3.0 Conclusion3.1 The investment detailed above has been fully accounted for in <strong>the</strong> update of <strong>the</strong>HRA Business Plan in 2012, and is considered affordable subject to Fife Councildecision. The specific programme appended is designed to reflect currentassessment of priority need. , and <strong>the</strong> specific statutory requirement on Fife Councilto ensure its housing stock is fully compliant with <strong>the</strong> Scottish Housing QualityStandard by 31 st March 2015.Report ContactAuthor Name: Keith BrownAuthor’s Job Title: Team Leader (Maintenance & Improvement)Workplace: Ro<strong>the</strong>say House, Ro<strong>the</strong>say Place, Kirkcaldy, Fife, KY7 5PQTelephone: 08451 55 55 55 + VOIP Number 450454Email – keith.brown@<strong>fife</strong>.gov.uk91


Appendix 1Number ofProperties STREET TOWN POSTCODE ELEMENT1 ABBOT'S VIEW BURNTISLAND KY3 0DG HEATING1 COTBURN CRESCENT BURNTISLAND KY3 9JE HEATING1 DICK CRESCENT BURNTISLAND KY3 0BT HEATING1 KIRKGATE BURNTISLAND KY3 9DL HEATING1 MEADOWFIELD BURNTISLAND KY3 0LB HEATING2 NICOL DRIVE BURNTISLAND KY3 9JB HEATING1 ROSSEND TERRACE BURNTISLAND KY3 0DH HEATING1 SPENCE AVENUE BURNTISLAND KY3 9JF HEATING3 COOK STREET DYSART KY1 2UX HEATING3 EDINGTON PLACE DYSART KY1 2XF HEATING3 BALIOL STREET KINGHORN KY3 9UT HEATING9 CASTLERIG KINGHORN KY3 9UP HEATING1 CROFT-AN-RIGH KINGHORN KY3 9XX HEATING5 ORCHARD ROAD KINGHORN KY3 9XN HEATING7 STRATHMORE STREET KINGHORN KY3 9UU HEATING5 BANK STREET KIRKCALDY KY1 3DT HEATING4 BIRNAM ROAD KIRKCALDY KY2 6RH HEATING1 BLACKCRAIGS KIRKCALDY KY2 6TJ HEATING1 BLAIRMORE ROAD KIRKCALDY KY2 6PB HEATING1 BORELAND COTTAGE KIRKCALDY KY1 2YR HEATING1 BORELAND PLACE KIRKCALDY KY1 2YZ HEATING3 BRODICK ROAD KIRKCALDY KY2 6EZ HEATING3 CAMERON DRIVE KIRKCALDY KY1 3AH HEATING1 CARRON PLACE KIRKCALDY KY2 6PS HEATING2 CAWDOR CRESCENT KIRKCALDY KY2 6LH HEATING2 CHAPEL PLACE KIRKCALDY KY2 6TX HEATING2 CHAPELHILL KIRKCALDY KY2 6PY HEATING23 CHEVIOT ROAD KIRKCALDY KY2 6BX HEATING4 CHRISTIE PLACE KIRKCALDY KY1 2EJ HEATING5 CLARK PLACE KIRKCALDY KY2 5QF HEATING6 CULLEN CRESCENT KIRKCALDY KY2 6EP HEATING42 DALLAS DRIVE KIRKCALDY KY2 6NE HEATING2 DAVAAR DRIVE KIRKCALDY KY2 6RS HEATING1 DEAN ROAD KIRKCALDY KY2 5SB HEATING1 DENEND CRESCENT KIRKCALDY KY2 5JP HEATING1 DOLLAR CRESCENT KIRKCALDY KY2 6NX HEATING17 DUNCAN STREET KIRKCALDY KY2 5QH HEATING4 DUNEARN DRIVE KIRKCALDY KY2 6LB HEATING1 EAST ALBERT ROAD KIRKCALDY KY1 1HJ HEATING2 FAIR ISLE ROAD KIRKCALDY KY2 6ED HEATING1 FARNE COURT KIRKCALDY KY2 6EH HEATING7 GOURLAY STREET KIRKCALDY KY2 5QD HEATING1 HARRIS DRIVE KIRKCALDY KY2 6RZ HEATING10 HAYFIELD ROAD KIRKCALDY KY1 2JP HEATING12 HENDRY CRESCENT KIRKCALDY KY2 5UA HEATING4 HENDRY ROAD KIRKCALDY KY2 5JJ HEATING5 INCHGARVIE ROAD KIRKCALDY KY2 6SB HEATING7 KING STREET KIRKCALDY KY2 5JR HEATING1 LESLIE STREET KIRKCALDY KY1 1SX HEATING1 LINDORES DRIVE KIRKCALDY KY2 6PL HEATING4 LISMORE AVENUE KIRKCALDY KY2 6DE HEATING4 MORVEN GROVE KIRKCALDY KY2 6AZ HEATING92


Number ofProperties STREET TOWN POSTCODE ELEMENT1 NAPIER STREET KIRKCALDY KY1 3JY HEATING3 NORMAND ROAD KIRKCALDY KY1 2XW HEATING6 OTTERSTON PLACE KIRKCALDY KY2 6PT HEATING1 OVERTON MAINS KIRKCALDY KY1 3JP HEATING20 OVERTON ROAD KIRKCALDY KY1 3JG HEATING8 PEEBLES STREET KIRKCALDY KY1 1TA HEATING1 PERCIVAL STREET KIRKCALDY KY2 5QB HEATING12 RAEBURN CRESCENT KIRKCALDY KY2 5QQ HEATING1 ST CLAIR TERRACE KIRKCALDY KY1 2YJ HEATING2 ST FILLANS PLACE KIRKCALDY KY2 6LS HEATING10 ST KILDA CRESCENT KIRKCALDY KY2 6DW HEATING20 STRATHKINNESS ROAD KIRKCALDY KY2 5PU HEATING2 TEMPLEHALL AVENUE KIRKCALDY KY2 6DA HEATING1 TEMPLEHALL AVENUE KIRKCALDY KY2 6DA HEATING4 THE WALK DYSART KIRKCALDY KY1 2UT HEATING3 TWEED AVENUE KIRKCALDY KY1 3LG HEATING65 VALLEY GARDENS KIRKCALDY KY2 5UD HEATING15VALLEY GARDENSSOUTH KIRKCALDY KY2 6AX HEATING7 VALLEY VIEW KIRKCALDY KY2 6AY HEATING3 VICEROY STREET KIRKCALDY KY2 5HU HEATING8 WEST MARCH STREET KIRKCALDY KY1 2EH HEATING2 WINDMILL GREEN KIRKCALDY KY1 3BD HEATING1 WINDMILL ROAD KIRKCALDY KY1 3AW HEATING7 WINIFRED CRESCENT KIRKCALDY KY2 5SY HEATING1 ABBOTS VIEW BURNTISLAND KY3 0DG Kitchen1 COLINSWELL ROAD BURNTISLAND KY3 0HS Kitchen2 DURIE PARK BURNTISLAND KY3 0DL Kitchen2 HARBOUR PLACE BURNTISLAND KY3 9DP Kitchen2 KILMUNDY DRIVE BURNTISLAND KY3 0JW Kitchen1 LINKS PLACE BURNTISLAND KY3 9DY Kitchen1 SOMERVILLE STREET BURNTISLAND KY3 9DG Kitchen2 WEST LEVEN STREET BURNTISLAND KY3 9DZ Kitchen5 ALEXANDER STREET DYSART KY1 2XX Kitchen16 COOK STREET DYSART KY1 2UX Kitchen2 EDINGTON PLACE DYSART KY1 2XF Kitchen8 BALIOL STREET KINGHORN KY3 9UT Kitchen1 BIRRELLS WYND KINGHORN KY3 9TF Kitchen1 BURNSIDE AVENUE KINGHORN KY3 9UZ Kitchen1 CASTLERIG KINGHORN KY3 9UP Kitchen2 CROFT-AN-RIGH KINGHORN KY3 9XX Kitchen6 ALFORD AVENUE KIRKCALDY KY2 6EU Kitchen23 ALISON STREET KIRKCALDY KY1 1UE Kitchen1 ARRAN CRESCENT KIRKCALDY KY2 6DJ Kitchen3 BANK STREET KIRKCALDY KY1 3DT Kitchen2 BEATTY CRESCENT KIRKCALDY KY1 2HY Kitchen2 BENARTY STREET KIRKCALDY KY2 5TF Kitchen1 BLAIRMORE ROAD KIRKCALDY KY2 6PB Kitchen1 BORELAND PLACE KIRKCALDY KY1 2YZ Kitchen3 BRODICK ROAD KIRKCALDY KY2 6EZ Kitchen5 BROOM GARDENS KIRKCALDY KY2 6YZ Kitchen1 BROOMSIDE KIRKCALDY KY2 6QG Kitchen3 BUCHANAN COURT KIRKCALDY KY1 1QP Kitchen26 CAIRNS STREET EAST KIRKCALDY KY1 2DS Kitchen2 CAIRNS STREET WEST KIRKCALDY KY1 2JA Kitchen93


Number ofProperties STREET TOWN POSTCODE ELEMENT2 CAIRNWELL PLACE KIRKCALDY KY2 6BH Kitchen1 CAMERON DRIVE KIRKCALDY KY1 3AH Kitchen4 CAMPSIE CRESCENT KIRKCALDY KY2 6BY Kitchen1 CARRON PLACE KIRKCALDY KY2 6PS Kitchen9 CAWDOR CRESCENT KIRKCALDY KY2 6LH Kitchen13 CHAPELHILL KIRKCALDY KY2 6PX Kitchen1 CHESTNUT AVENUE KIRKCALDY KY1 2LB Kitchen11 CHEVIOT ROAD KIRKCALDY KY2 6BX Kitchen3 CRAIGMOUNT KIRKCALDY KY2 6NY Kitchen5 CROSS STREET KIRKCALDY KY1 2UD Kitchen7 CULLEN CRESCENT KIRKCALDY KY2 6EP Kitchen8 CUMBRAE TERRACE KIRKCALDY KY2 6SF Kitchen2 DALLAS DRIVE KIRKCALDY KY2 6NF Kitchen1 DEAN ROAD KIRKCALDY KY2 5SB Kitchen1 DOLLAR CRESCENT KIRKCALDY KY2 6NU Kitchen4 DUNCAN STREET KIRKCALDY KY2 5QH Kitchen2 DUNEARN DRIVE KIRKCALDY KY2 6LB Kitchen14 DUNSIRE STREET KIRKCALDY KY1 3LF Kitchen3 EARN ROAD KIRKCALDY KY1 3JU Kitchen1 EAST ALBERT ROAD KIRKCALDY KY1 1HJ Kitchen21 EAST MARCH STREET KIRKCALDY KY1 2DN Kitchen1 ELM PLACE KIRKCALDY KY2 5QG Kitchen1 FAIR ISLE ROAD KIRKCALDY KY2 6EF Kitchen1 FALKLAND VIEW KIRKCALDY KY1 3JD Kitchen10 FARNE COURT KIRKCALDY KY2 6EQ Kitchen1 FINDHORN PLACE KIRKCALDY KY2 6RN Kitchen2 FITZROY STREET KIRKCALDY KY1 2TU Kitchen237 FORTH VIEW KIRKCALDY KY1 1QZ Kitchen3 FORTH VIEW KIRKCALDY KY1 1RB Kitchen1 FRANCES ROW KIRKCALDY KY1 2YL Kitchen5 GLAMIS ROAD KIRKCALDY KY2 6LL Kitchen6 GLEBE PARK KIRKCALDY KY1 1BJ Kitchen10 GREENLOANINGS KIRKCALDY KY2 6NJ Kitchen2 GRIEVE STREET KIRKCALDY KY2 5JS Kitchen3 HAIG AVENUE KIRKCALDY KY1 2JD Kitchen5 HARRIET STREET KIRKCALDY KY1 2AF Kitchen8 HARRIS DRIVE KIRKCALDY KY2 6RY Kitchen1 HAYFIELD ROAD KIRKCALDY KY1 2JP Kitchen2 HAZEL AVENUE KIRKCALDY KY2 5EA Kitchen2 HENDRY CRESCENT KIRKCALDY KY2 5UA Kitchen4 HENDRY ROAD KIRKCALDY KY2 5JJ Kitchen11 HIGH STREET DYSART KIRKCALDY KY1 2UQ Kitchen1 HOLLY PLACE KIRKCALDY KY1 2LZ Kitchen1 HOWARD PLACE KIRKCALDY KY1 2UP Kitchen2 INCHGARVIE ROAD KIRKCALDY KY2 6SB Kitchen7 INSTITUTION STREET KIRKCALDY KY1 3DU Kitchen4 INVERTIEL BANK KIRKCALDY KY1 1TF Kitchen2 INVERTIEL ROAD KIRKCALDY KY1 1SZ Kitchen19 INVERTIEL TERRACE KIRKCALDY KY1 1TB Kitchen1 KATRINE CRESCENT KIRKCALDY KY2 6RW Kitchen8 KENMORE TERRACE KIRKCALDY KY2 6EN Kitchen9 KENNEDY CRESCENT KIRKCALDY KY2 5JW Kitchen1 KILGOUR AVENUE KIRKCALDY KY1 2JB Kitchen1 KING STREET KIRKCALDY KY2 5JR Kitchen1 KINGHORN ROAD KIRKCALDY KY1 1SU Kitchen94


Number ofProperties STREET TOWN POSTCODE ELEMENT4 KINNINMONTH STREET KIRKCALDY KY1 1UG Kitchen1 LABURNUM DRIVE KIRKCALDY KY1 2LU Kitchen9 LANSBURY STREET KIRKCALDY KY1 3LQ Kitchen5 LAUREL CRESCENT KIRKCALDY KY2 5ED Kitchen6 LAWSON STREET KIRKCALDY KY1 3LA Kitchen4 LESLIE STREET KIRKCALDY KY1 1SY Kitchen14 LINDORES DRIVE KIRKCALDY KY2 6PQ Kitchen40 LINKS STREET KIRKCALDY KY1 1QS Kitchen15 LISMORE AVENUE KIRKCALDY KY2 6DE Kitchen1 LOANHEAD PLACE KIRKCALDY KY2 5SN Kitchen1 TIREE PLACE KIRKCALDY KY2 6SD Kitchen1 VALLEY GARDENS KIRKCALDY KY2 6BL Kitchen9 WEST TORBAIN KIRKCALDY KY2 6QD Kitchen1 WHYTEMANS BRAE KIRKCALDY KY1 2LA Kitchen25 EDINGTON PLACE DYSART KY1 2XF REWIRE48 HIGH STREET DYSART KY1 2UG REWIRE3 Dean Road KIRKCALDY KY2 5SB REWIRE21 INVERTIEL BANK KIRKCALDY KY1 1TF REWIRE141 LINKS STREET KIRKCALDY KY1 1QL REWIRE49 OVERTON ROAD KIRKCALDY KY1 3JJ REWIRE160 RAVENSCRAIG KIRKCALDY KY1 2PT REWIRE56 SHETLAND PLACE KIRKCALDY KY1 3DY REWIRE50 STRATHKINNESS ROAD KIRKCALDY KY2 5PU REWIRE74 TEMPLEHALL AVENUE KIRKCALDY KY2 6DA REWIRE10 EDINGTON PLACE DYSART KY1 2XF ROOF16 ST LEONARDS COURT KINGHORN KY3 9TS ROOF1 CHAPELHILL KIRKCALDY KY2 6PY ROOF3 Dean Road KIRKCALDY KY2 5SB ROOF2 GLEBE PARK KIRKCALDY KY1 1BJ ROOF1 KENNEDY CRESCENT KIRKCALDY KY2 5EL ROOF5 KING STREET KIRKCALDY KY2 5JR ROOF5 LOTHIAN TERRACE KIRKCALDY KY2 6BU ROOF5 MYRTLE CRESCENT KIRKCALDY KY2 5DX ROOF36 SAUNDERS STREET KIRKCALDY KY1 1TY ROOF16 ALEXANDRA STREET KIRKCALDY KY1 1HQ ROUGHCAST1 CAIRNS STREET EAST KIRKCALDY KY1 2DT ROUGHCAST1 CHAPELHILL KIRKCALDY KY2 6PY ROUGHCAST3 Dean Road KIRKCALDY KY2 5SB ROUGHCAST3 ESPLANADE KIRKCALDY KY1 1RE ROUGHCAST8 KENNEDY CRESCENT KIRKCALDY KY2 5EL ROUGHCAST2 LAUREL CRESCENT KIRKCALDY KY2 5ED ROUGHCAST20 LAWSON STREET KIRKCALDY KY1 3JZ ROUGHCAST4 MYRTLE CRESCENT KIRKCALDY KY2 5DX ROUGHCAST1 OSWALD ROAD KIRKCALDY KY1 3EZ ROUGHCAST36 SAUNDERS STREET KIRKCALDY KY1 1TY ROUGHCAST2 THE WALK, DYSART KIRKCALDY KY1 2UT ROUGHCAST1 COTBURN CRESCENT BURNTISLAND KY3 9JD SHOWER1 PIPER CRESCENT BURNTISLAND KY3 0JT SHOWER1 ALFORD AVENUE KIRKCALDY KY2 6EU SHOWER1 BUCHANAN COURT KIRKCALDY KY1 1QP SHOWER1 CAITHNESS PLACE KIRKCALDY KY1 3EE SHOWER1 CAWDOR CRESCENT KIRKCALDY KY2 6LH SHOWER1 CRAIGMOUNT KIRKCALDY KY2 6NY SHOWER1 ELM PLACE KIRKCALDY KY2 5QG SHOWER1 FORTH VIEW KIRKCALDY KY1 1RD SHOWER95


Number ofProperties STREET TOWN POSTCODE ELEMENT1 GLAMIS ROAD KIRKCALDY KY2 6LW SHOWER2 KATRINE CRESCENT KIRKCALDY KY2 6RW SHOWER3 MACINDOE CRESCENT KIRKCALDY KY1 2JF SHOWER2 OTTERSTON PLACE KIRKCALDY KY2 6PT SHOWER1 PERCIVAL STREET KIRKCALDY KY2 5QB SHOWER1 POTTERY STREET KIRKCALDY KY1 3EU SHOWER1 QUARRY BRAE KIRKCALDY KY1 3AT SHOWER1 THE HALLOWS KIRKCALDY KY1 3BG SHOWER1 TWEED AVENUE KIRKCALDY KY1 3LG SHOWER1 WEST TORBAIN KIRKCALDY KY2 6QE SHOWER1 HIGH STREET BURNTISLAND KY3 9AE Windows3 ALEXANDER STREET DYSART KY1 2XX Windows2 BERWICK PLACE DYSART KY1 2XU Windows3 Shore Road DYSART KY1 2TH Windows4 CASTLE WYND KINGHORN KY3 9UJ Windows1 BENARTY STREET KIRKCALDY KY2 5TF Windows3 CAIRNS STREET EAST KIRKCALDY KY1 2DT Windows7 CAMPSIE CRESCENT KIRKCALDY KY2 6BY Windows35 CAWDOR CRESCENT KIRKCALDY KY2 6LH Windows1 CHAPEL PLACE KIRKCALDY KY2 6TX Windows1 CHAPELHILL KIRKCALDY KY2 6QB Windows14 CROSS STREET KIRKCALDY KY1 2UD Windows1 DALLAS DRIVE KIRKCALDY KY2 6NQ Windows2 DAVAAR DRIVE KIRKCALDY KY2 6RS Windows3 Dean Road KIRKCALDY KY2 5SB Windows2 EAST MARCH STREET KIRKCALDY KY1 2DN Windows2 EAST QUALITY STREET KIRKCALDY KY1 2TW Windows1 FAIR ISLE ROAD KIRKCALDY KY2 6EG Windows1 FITZROY SQUARE KIRKCALDY KY1 2TY Windows3 HIGH STREET DYSART KIRKCALDY KY1 2YU Windows8 INSTITUTION STREET KIRKCALDY KY1 3DU Windows1 KENMORE TERRACE KIRKCALDY KY2 6EN Windows4 KING STREET KIRKCALDY KY2 5JR Windows9 LOTHIAN TERRACE KIRKCALDY KY2 6BU Windows17 MILLER STREET KIRKCALDY KY1 3HF Windows2 NORMAND ROAD KIRKCALDY KY1 2XW Windows1 ST FILLANS PLACE KIRKCALDY KY2 6LS Windows1 STRATHKINNES ROAD KIRKCALDY KY2 5PZ Windows1 VALLEY GARDENS KIRKCALDY KY2 6BN Windows2 VALLEY GARDENS KIRKCALDY KY2 6BN Windows1 WINIFRED CRESCENT KIRKCALDY KY2 5SY Windows96

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