Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Menie dunes set for destruction

Today planning permission to stabilise the SSSI mobile sand dunes at Menie was granted.   There are a few details to be sorted out so Trump "Work will start tomorrow" is the usual bluster.  But once those details are cleared, this will be first step towards the destruction of the SSSI.  The designation is because of the geomorphology - the scientific interest is because this is a highly mobile sand dune system.  If the development does not proceed - and Trump now says he needs the houses of four of my constituents in order to do the development - then rewinding the works will be difficult.  The planning permission talks about 16 lorries a day and we still do not know the extent of the earthworks.


So visit the dunes now before works start. You will shortly not be able a to see the wild and beautiful place in its natural state.

Paul Johnston and I moved to defer the decision pending independent legal advice.  The Council's position seems to have changed over the last few days and we were told that they had taken independent advice.  But we do not know the details of that advice - nor whether, as for CPOs (see Sunday Times), Ann Faulds representing Trump had also been offering her advice.  Certainly Ms Faulds was there yesterday so it seems as if Trump were more worried about the legal position than the environmental impacts.

For Information: Correspondence between Dr Gore and myself.



Most recent first ....so read from bottom to top.
Debra
To: Christine Gore/P&ES SMT/Abdnshire@Abdnshire, John Loveday/Councillors/Abdnshire@Abdnshire, Paul Johnston/Councillors/Abdnshire@Abdnshire, Allan Hendry/Councillors/Abdnshire@ABDNSHIRE, James Gifford/Councillors/Abdnshire@ABDNSHIRE, Isobel Davidson/Councillors/Abdnshire@ABDNSHIRE, Robert Merson/Councillors/Abdnshire@ABDNSHIRE, Alisan Norrie/Councillors/Abdnshire@Abdnshire, Gillian Owen/Councillors/Abdnshire@ABDNSHIRE, Anne Robertson/Councillors/Abdnshire@Abdnshire, Alexander Duncan/Councillors/Abdnshire@ABDNSHIRE
From: Debra Storr/Councillors/Abdnshire
Date: 26/10/2009 20:24
Subject: Re: Letter


Thanks Christine
I think it is useful to share this with my colleagues if only to document my attempts to resolve the issue privately
Debra


    ----- Original Message -----
    From: Christine Gore
    Sent: 26/10/2009 18:03 GMT
    To: John Loveday; Paul Johnston; Allan Hendry; James Gifford; Isobel Davidson; Robert Merson; Debra Storr; Alisan Norrie; Gillian Owen; Anne Robertson; Alexander Duncan
    Subject: Re: Letter

Dear Councillors

I am aware that you have all received a copy of a letter addressed to me, from Frances McCartney, Solicitor.

The issues raised by Ms McCartney will be addressed at your meeting tomorrow by the relevant officers from Planning and Environmental Services and Corporate Services.

In the meantime some of you have asked to have sight of the correspondence between myself and Councillor Storr that is referred to in that letter.  Regrettably the content of my initial response to Councillor Storr was incorrect and there has been further correspondence as a result of that.  In the circumstances it seems appropriate to provide you with the entire correspondence which you will find below.

I trust this is of assistance.

Yours sincerely

Christine Gore
Director of Planning & Environmental Services
Aberdeenshire Council





From:


Christine Gore/P&ES SMT/Abdnshire

To:

Debra Storr/Councillors/Abdnshire@Abdnshire

Date:

26/10/2009 12:43

Subject:

Re: Marram grass planting at Menie



Dear Councillor Storr,

Apologies, I was at the wrong end of the process.

The need for a pre-application consultation only applies to Major Applications submitted on or after 3 August.  The determination process for Major Applications applies to any such applications determined after 3 August, and provides that Major Applications which represent a significant departure from the development plan should be the subject of a pre-determination hearing and thereafter considered by full Council.  However, whilst this application is a departure, officers do not consider it to be a significant departure, which is why it appears on the agenda for Formartine Area Committee tomorrow.

I trust this clarification is helpful.

Regards,
Christine.


Christine Gore
Director of Planning & Environmental Services
Aberdeenshire Council




From:

Debra Storr/Councillors/Abdnshire

To:

Christine Gore/P&ES SMT/Abdnshire@Abdnshire

Date:

22/10/2009 08:03

Subject:

Re: Marram grass planting at Menie

ChristineAre you quite sure of that?
Perhaps you will want to double check
Debra
    ----- Original Message -----
    From: Christine Gore
    Sent: 21/10/2009 16:09 GDT
    To: Debra Storr
    Cc: Jane White; Raymond Reid; Keith Newton; Gordon Davidson; Sonya Galloway
    Subject: Re: Marram grass planting at Menie
Dear Councillor Storr,

This application was submitted prior to the new Regulations regarding, among other things, the planning hierarchy, coming into effect on 3 August.  It therefore falls to be considered under the previous legislation, to which the statutory major applications process does not apply.

I trust this clarification is helpful.

Yours sincerely,

Christine Gore
Director of Planning & Environmental Services
Aberdeenshire Council



From:


Debra Storr/Councillors/Abdnshire

To:

"Christine Gore" <Christine.Gore@aberdeenshire.gov.uk>, "Raymond Reid" <Raymond.Reid@aberdeenshire.gov.uk>

Cc:

"Jane White" <Jane.White@aberdeenshire.gov.uk>

Date:

20/10/2009 22:08

Subject:

Marram grass planting at Menie

Hi Christine and Raymond

I am rather surprised to find the above application on the agenda for Formartine next week

Thiis appears to be an application covering more than 2 ha and as no Masterplan has been agreed it is not covered by the outline planning application

Should it not therefore fall into the Major applications process?
Debra