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Legal & Risk ImplicationsThere are no direct or indirect legal implications affecting Fife Council as PlanningAuthority.As in all circumstances when a refusal of planning permission is agreed or conditionsimposed on an approval, the applicant has a right of appeal within 3 months of thedate of decision, to the Directorate of Planning and Environmental Appeals.Impact AssessmentAn EqIA Checklist is not required because the report does not propose a change orrevision to existing policies and practices.ConsultationConsultation was undertaken with the Executive Director, Corporate Services(Directorate), who supports the content and recommendation of this report.1.0 Background1.1 This application was originally considered by Members at the Kirkcaldy AreaCommittee meeting on the 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 the affordable housing contribution from the originally agreed £74 400 to£14 400. The contribution of £56 000 towards the Kirkcaldy Town CentreTransportation Initiative remained unchanged. As a result, the terms to be secured inthe revised obligation were:a commuted sum of £14 400 towards the provision of off site affordable housinganda commuted sum £56 000 towards the Kirkcaldy Town Centre TransportationInitiativeMembers concluded that they were minded to approve the application subject to thesaid legal agreement being concluded.1.2 No progress was made with regards the legal agreement between the originalCommittee decision on 8 th June 2007 and the second report to Committee on 23 rdJune 2011 as the applicant was aware of the Council’s intention to amend theaffordable housing policy (which was subsequently approved at Planning Committeeon 20 th September 2011). As mentioned above, this resulted in the reduction of thecommuted sum for affordable housing.1.3 The applicant has been advised that failure to conclude the agreement in areasonable time scale would result in the application being referred back tocommittee with a recommendation for refusal. It should also be noted, that during the8
above developments, Section 75A of the Planning Act came in to effect whichallowed applicants to formally apply to vary or discharge a planning obligation(previously known as a Section 75 agreement). Should the applicant wish to reducethe level of commuted sums being sought, they now have a formal route to submittheir justification for the Council to consider their proposed amendment to an existingobligation. Furthermore, this new provision, also affords the applicant the right ofappeal, in the event they were unsuccessful with any future application which soughtto amend an existing obligation.1.4 Based on current practice by the Department of Planning and EnvironmentalAppeals (DPEA), 3 months is considered ample time to conclude a legal agreement.Since the reduction of the commuted sum for affordable housing was agreed, afurther 21 months have elapsed and the agreement still remains to be concluded. Acopy of the title deeds was eventually submitted to Legal Services on 16 th October2012 and the agreement was subsequently issued for the applicant to sign in orderto register the agreement on the land.1.5 Given the length of time that has elapsed and the apparent unwillingness of theapplicant to conclude the agreement, the applicant had been advised that theapplication would be reported to Committee on 21 st November with arecommendation to refuse in the event the signed and registered agreement had notbeen returned to the Council prior to this date. At the time of writing this report, thesigned agreement had not yet been received.UPDATE1.6 At the meeting of the Kirkcaldy Area Committee on the 21 November, membersresolved to continue the application to allow further negotiations with theapplicant. Since then, the applicant has been contacted both by DevelopmentManagement officers and colleagues from Environment, Regeneration andPlace in an attempt to progress the legal agreement. The process via which thecommuted sums being sought would be assessed has been explained to thedeveloper. This would require a development appraisal to be submitted whichwould then be assessed by the District Valuer who would ultimately advise asto whether, in his opinion the commuted sums being sought were set at such alevel which could result in the development being unviable. The developer hasconfirmed that they do not wish to spend anymore money on the siteespecially as the above process could not guarantee that the commuted sumswould be waived or even reduced.1.7 Members may also wish to note that the performance of individual planningauthorities are now reported based on the number of average days taken todetermine planning applications. On the day of Committee, 6 years, 3 monthsand 6 days will have lapsed since the application was submitted.1.8 The determining issue with regards to this proposed development essentiallyhangs on whether the commuted sums required for transportationimprovements and a contribution towards the provision of affordable housingmakes the development unfeasible. The applicant is claiming that these arepreventing the development from being viable, however, is not prepared tofollow the process to have this claim tested. Without this claim being tested, itis not possible to set aside the policies which are the reason for the commutedsums above being required. It is accepted that there are likely to be9
Page 1 and 2: Kirkcaldy Area CommitteeWednesday,
Page 3 and 4: 2013.K.A.C.49Kirkcaldy Area Committ
Page 5 and 6: 2013.K.A.C.51DecisionThe Committee
Page 7 and 8: 2013.K.A.C.5387. WHYTEMANS BRAE, KI
Page 9: Kirkcaldy Area Committee27 March 20
Page 13 and 14: 2721234323345to45a39 41371221DAVID
Page 15 and 16: 1.0 BACKGROUND1.1 The application s
Page 17 and 18: - Access/Rights of Way- Aviation Sa
Page 19 and 20: development, and the siting and des
Page 21 and 22: siting as well as providing additio
Page 23 and 24: the submitted visualisations and si
Page 25 and 26: development; and, set out a clear a
Page 27 and 28: and topographic differences between
Page 29 and 30: 3.5.9 The proposed development is t
Page 31 and 32: 3.7.2 Shadow flicker is a known eff
Page 33 and 34: ZTV therefore no theoretical views
Page 35 and 36: slight dip in the carriageway) and
Page 37 and 38: developer must advise the MoD of th
Page 39 and 40: aised any objections. Exxon Mobil a
Page 41 and 42: ProtectionDirectorate Of Airspace P
Page 43 and 44: along with notices placed around th
Page 45 and 46: Track119.7mLittle GlenistonTankIssu
Page 47 and 48: 1.0 Background1.1 There are five Lo
Page 49 and 50: 3.0 Conclusions3.1 In order to capi
Page 51 and 52: ConsultationConsultation is not req
Page 53 and 54: Kirkcaldy Area Committee27th March,
Page 55 and 56: 1.5 As with the Police, there is a
Page 57 and 58: Kirkcaldy Area Committee27 th March
Page 59 and 60: 3.2 Proposed disposals are required
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Ward Case ID Property Type Property
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13 11630 Amenity Land Wooded land,
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Impact AssessmentThe Ward Plans hav
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2.1.4 The priorities in the MMWP's
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Burntisland, Kinghorn & Western Kir
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In the Coming Months• We will con
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Kirkcaldy NorthMulti Member Ward Pl
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Actions carried out to date• We h
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Useful informationKirkcaldy NorthMu
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Kirkcaldy CentralMulti Member Ward
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In the Coming Months• We will con
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Kirkcaldy EastMulti Member Ward Pla
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Actions carried out to date• We h
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Useful informationKirkcaldy EastMul
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1.0 Background1.1 Fife Constabulary
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Kirkcaldy Committee27 th March 2013
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3.0 Conclusion3.1 The investment de
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Number ofProperties STREET TOWN POS
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Number ofProperties STREET TOWN POS
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