Probe call after warning doesn’t reach councillors Controversial decision puts Pace Hill back into the spotlight

Council officials failed to pass on a civic trust’s claims that planners wrongly recommended a major application be approved until it was too late for the claims to be considered, it is alleged.

The Kinross-shire Civic Trust (KCT) emailed officials two days before last Wednesday’s meeting of the council’s planning and development management committee insisting a letter it had written to warn councillors they might be about to make a mistake be sent to all members of the committee “at the earliest opportunity”.

Despite the Trust’s urgent plea the convener of the committee, Councillor Murray Lyle, said on Friday he saw no sign of the letter until “minutes” before the meeting started and that when he checked what had happened officials told him the email had not arrived in time to be included in the committee’s papers.

And a council spokesperson yesterday claimed the “first opportunity” officials had to present the letter to Cllr Lyle was on Wednesday morning, prompting KCT to call for a “full investigation” into the matter yesterday.

The Trust had claimed in the letter that despite a report recommending councillors approve Dundas Estates’ application to build 77 houses at Pace Hill in Milnathort they ought to refuse it as the Scottish Government had advised it the council should be sticking to the housing numbers agreed in the Local Development Plan (LDP).

Taking issue with an assertion in the council’s report of handling that a figure of 50 houses for the site in the LDP was “indicative” it wrote: “The Trust is in possession of information and advice obtained directly from the DPEA (Planning and Environmental Appeals Division) which contradicts this claim made by PKC and clearly indicates the interpretation of the LDP by PKC is wrong.

“The Trust has been further advised that due to the excessive deviation in housing numbers identified in the LDP, this application is required to be recognised and assessed as such.

“Furthermore, KCT is advised that for this reason the planning application is required to be advertised as being contrary to the LDP. KCT is unaware of the application being advertised as being contrary to the LDP.

“KCT understands all decisions taken by any council committee in order to be valid require to be based on information put before that committee that is correct and complete and that have complied with due process.

“Can you please investigate and provide an explanation to KCT as to why elected councillors, who require to have the benefit of correct and complete information before coming to a valid decision on this major housing development, are being advised by council officials that the development complies with the LDP when there is clear evidence that it does not comply?”

The letter concluded: “KCT requests that the LDP is upheld and that this application as proposed is refused. KCT would be obliged if you could ensure all members of the planning and development management committee are provided with copies of this letter at the earliest opportunity and well in advance of the meeting.”

Asked on Friday why the letter had not made its way to committee members, Cllr Lyle told the PA: “I was not aware of a letter from KCT until minutes before the planning and development committee started last Wednesday.

“The letter was not received in time to be considered by the committee members, or for that matter by me.

“I have checked with committee services and the email had not arrived in time to be included in the papers.”

He added: “I am always happy to consider all opinions on planning applications coming before the committee, provided they are lodged on time and in an appropriate manner.”

And asked why officials had not presented the letter to Cllr Lyle until minutes before the meeting a council spokesperson said yesterday: “The letter from KCT was received by committee officers on Monday afternoon.

“Before circulating any letter of representation received after the agenda and papers for a committee have been issued, the agreement of the convener would need to be sought.

“The first opportunity to discuss the letter with the convener was on the morning of the committee and it was his decision not to circulate the letter to the committee.”

A KCT spokesperson told the PA yesterday: “KCT are greatly concerned that our letter was not passed to the committee as requested two days prior to the meeting.

“KCT had received a return mail from council staff which confirmed our request was receiving attention. The committee report had been made public just a few days earlier.

“Our letter was not a ‘comment.’ It was sent to advise the convener and the committee that the information in the committee report prepared by council officers appeared to be inaccurate.

“This view was based on written information received from the DPEA and as a result of other enquiries.

“In the public interest and to comply with law the committee has an obligation to arrive at a valid decision based on all relevant and accurate information.

“KCT had been led to believe the letter had been circulated and only learned of the failure to do so in the days after the committee met.

“This revelation points to what KCT sees as a further example of unacceptable standards of council process. KCT will consider taking matters further and seeking a full investigation.”