The following letter has been sent to the councillors that represent Livingston South
Dear Cllr Anderson / Livingston South Elected Members,
As below we have enquired previously as to why such a beautiful area of natural and recreational use has ever been considered for development never mind being proposed for development. The paper raised by South Livingston LAC on 04/09/2009 doesn’t address the concerns of residents towards biodiversity, loss of trees and contaminated land issues, given the objections raised by local residents to date and the unwillingness of WLC to engage with us [Almond Action Group] as to where this proposal sits presently, we are becoming frustrated as to the lack of information as to various questions raised to date remaining unanswered. Surely 23 Formal Objections prior to any Planning Application and a petition of circa 100 signatures on a petition which Angela Constance viewed today indicates the adverse feeling amongst residents.
I have today asked via Angela Constance that this unsatisfactory situation be escalated to WLC’s Chief Executive Alex Linkston as a formal complaint. This is due to previous requests via Caroline Burton and Jim McEwan to raise the issue as a formal complaint not materialising to date. We understand that there is a need for development but not at what appears to be at such a cost to lose the only amenity / recreational space in our local area that sustains a wide range of trees, flora, fauna and abundant wildlife. As per a previous comment: Herald and Post 16th April 2009 by Cllr Stuart Borrowman ‘believes the council has panicked due to political pressure and is making up housing policy as it goes along’. Another relevant excerpt from the Herald and Post 9th April 2009 saw an application being refused in a similar scenario in Murieston where concerns over a significant loss of trees and public health safeguards, if the site was to be decontaminated halted the proposal. It would be good to have some open discussion with you chaps on these influences in association with the biodiversity and recreational values that would be lost if this proposal was allowed to proceed.
Previously we chased specific information with WLC’s representatives: Chris Acorn, Fiona McBrierty, Steve Field, Caroline Burton, Jim McEwan to clarify what exactly is proposed, to date this has not materialised due to information being deemed as commercially sensitive.
We have also sought information from Planning Aid, SNH and commissioned an independent Biodiversity Study which reveals the area has an abundance of wildlife and is home to European Protected species. As offered previously the Biodiversity Study is freely available to WLC but to date WLC have still to take up the offer to view the document. This can be viewed at http://www.almondactiongroup.org/
I have asked Angela Constance to involve the local MEP as I believe destructive tests that were carried out last year could have been detrimental to the biodiversity as no Environmental Impact Assessment appears to have been carried out by WLC prior to the soil tests commencing. It would appear that European Legislation may have been breached as drilling rigs ploughed through the grassed and wild landscaped areas whilst carrying out considerable destructive soil test drilling works. These tests uncovered contaminated traces within soil in the area, which left debris aside after the contractors left, also flora and fauna in a deteriorated state for a considerable time afterwards. Given the Soil Specialists report on contamination issues we would appreciate feedback on the risks associated with disturbance of these traces.
Being that all our Elected Members have been approached on this subject over the last year or so by various concerned residents it would be appreciated that you take a moment to pop along one day for a stroll through the area to refresh the actual issues raised.
However I understand that you are busy people therefore if you wish to refresh your mind of the area in question at a glance, photographic plates of the general area and wildlife within, Keep Scotland Tidy events, recreational days and detrimental damage to the area by WLC and Contractors drilling rigs can be viewed on our website as required.
Furthermore could we request a public meeting in respect of the general issues involved between development and conservation and the aspect of no capital outlay required for Housing to obtain public amenity space [loss of greenbelt] against available brownfield sites [which will require capital receipt to acquire].
On a matter in relation to a response on ‘Strategic Environmental Assessment’ [SEA] from Angela Constance received 05/01/2010 Ref: AC/NL/CON/9704 It states that ‘you will note that the matter of exemption granted to WLC by the previous administration is presumed to have been related to the advanced state of the draft local plan at the time the SEA legislation was enacted in 2005′. Given that we are now into 2010 it appears that the advanced status which may have been so at the time has lost its advanced state and appears to have suffered a lack of general progress to date and more importantly lacks biodiversity awareness.
Please also note the minutes of the Council Executive Tuesday 10th February 2009 which stated: ‘officers were exploring options of direct purchase of units in the event that a site indentified for Phase 2 proved to be undeliverable. What if any progress has followed since in reviewing purchasing alternative sites as a contingency?.
Incidentally the minutes of a previous meeting of Livingston South Local Area Committee 12th December 2008 states Steve McLucus, Planning Officer presented the report. He explained the brief was intended to guide the development of the site and identify amongst other areas Environmental and Community benefits.
WLC’s own Sustainable Development Policy doesn’t appear to have been applied to the site and given that WLC are aware that there is a Biodiversity report available this could be deemed to be in contravention of the attached Scottish Executive Directive
On requesting why this outline scheme was allowed to progress without notification to adjacent neighbouring properties, we were informed by Cllr Muir that we had ‘missed the boat’, it’s clearly obvious that we did, given that we found out retrospectively that public notices posted were located outwith the immediate area of the proposal. This is a matter that still requires investigation as Fiona McBrierty was uncertain as to how this aspect stood in terms of the accessibility, effectiveness and legality of such distant Public Notices as Alderston Rd covers a considerable distance. Indeed the first local residents knew of any proposals was when the soil test drilling rigs appeared. Given that no Planning Application has been received since 2005 it lays doubt as to how advanced the Local Plan was in 2005.
WLC boasted in the attached ‘Strategy for Sustainable Development’ [SSD] of 2005 that they were the first council in Scotland to publish a local biodiversity action plan to reflect the Executive’s Biodiversity Strategy for Scotland and the council’s duties under the Nature Conservation [Scotland] Act 2004. It is unfortunate that substantial sections of WLC’s own SSD document may have been contradicted in the manner that this proposal has progressed. There appears to be little focus on Biodiversity over the last few years as WLC haven’t had a dedicated Biodiversity Officer.
Much appreciate if you could discuss and minute these issues as soon as possible and include at the next LAC as we have been made aware that progress of the tender will be reported to the Council Executive on Tuesday 18th May 2010. Given that we are in the process of highlighting local concerns to the Chief Executive on this matter as it’s clear that the Public Enquiry didn’t inform the proposed changes to adjoining and surrounding residents, it would be good to have the whole aspect of this proposal reviewed prior to any recommendations / decisions being made.
