NRCG FOI question 5

Here’s number 5 from a series of questions that Nairn Residents Concern Group submitted to Highland Council recently under the Freedom of Information Act plus the answer from the Council:

Now that the Missives have been resiled, details of the financial amount offered by the developer for Sandown Lands no longer requires to be restricted, because the sale of the land will now be conducted under completely new conditions and in a different financial climate. Accordingly therefore, please provide the figure for the amount that was offered for Sandown Lands by Deveron in their missives of 17 Jan 07 and 7 Aug 07.

The offer of purchase from Deveron Homes was for £22,340,978. As with all the other offers received and as is normal practice in the development industry the offer was subject to various suspensive conditions including obtaining a satisfactory planning permission to the developer.

More Sandown matters - compulsive holiday reading!

There can be few people that know more about the Sandown lands story/fiasco than the bonnie fechters of the Nairn Residents Concern Group. Perhaps the Public Inquiry Reporter might have surpassed their knowledge and grasp of it all during his deliberations but his knowledge of the situation will no doubt have faded somewhat by now. It is instructive then to read a copy of a letter that they sent to all 80 Highland Councillors prior to the discussion of Sandown at Glenurquhart Road on Thursday. The meeting in fact rubber stamped a recommendation by the officials to create a new development brief for Sandown but with a wee bittie more consultation of the population this time round the course.

The letter is a little long but recommended reading for all those that have shown a strong interest in all things Sandown up to now. Questions are being asked of Highland Council’s administration of the Sandown Lands on our behalf and also of the intention to put it on the market again. Get yourself a dram, or a cuppa and have a wee browse Gurnites and see what you think.

Serious students of Sandown matters may also be interested to know that the following questions have been submitted to Highland Council by the NRCG under the Freedom of Information Act (FOI):

“1. In relation to the resiling of the Missives between THC and Deveron, associated with the development of Sandown Lands, did THC take action to recover lost costs i.e the £344.4k for the failure by Deveron to complete the contract? If not why not?

2. In relation to the costs incurred by THC for 'professional fees' of £344.4k. Please provide a detailed breakdown of this cost, essentially showing the costs for 'estate agents fees'

relating to the sale of the land, and every other individual set of 'professional costs' as they relate to the sale of Sandown?

3. In relation to the costs incurred by THC relating to 'the buy out of tenant farmer rights' of £390k. Again please provide a detailed breakdown of this cost, essentially showing the costs for 'legal fees' relating to this matter, and every other individual set of 'professional costs' associated with this event?.

4. In both matters if there are additional costs that are being 'written off' by THC please also provide a breakdown of these also.

5. Now that the Missives have been resiled, details of the financial amount offered by the developer for Sandown Lands no longer requires to be restricted, because the sale of the land will now be conducted under completely new conditions and in a different financial climate. Accordingly therefore, please provide the figure for the amount that was offered for Sandown Lands by Deveron in their missives of 17 Jan 07 and 7 Aug 07.”

More concerns from the Nairn Residents Concern Group

The latest Sandown concerns from the NRCG now on Nairnmatters.com

Sandown Development, Nairn - Appeal Dismissal‏ - NRCG press release

Just in:

In the light of the Reporter's dismissal of the Appeal by Deveron Highland Ltd for a 550 units development on Sandown Common Good Lands at Nairn I offer the following Press Release from the Nairn Residents Concern Group:

MESSAGE OPENS

The NRCG, a small tight knit group of residents, are delighted to have been rewarded with a favourable decision, which makes the many hours spent getting to this result the more satisfying. The Reporter's conclusions are totally in tandem with those submitted in arguments at the Appeal Hearing by both THC and the NRCG, on behalf of the many Nairn residents, who objected to this development, namely; non-compliance with the Development Plan; the scale of development would be excessive for this prominent location and would constitute overdevelopment; the likely effect of densities, building heights, and reduced structural landscaping on the character and appearance of the area would be adverse and jarring.

In particular we note that set against the Appellant's justification for the development as '.....an opportunity to construct the type of development which Ministers are pressing developers to embrace.....', the Reporter stated that: 'there was no basis for imposing a supposed government standard deriving from national policy'. The decision to dismiss the appeal therefore is a victory for common sense and we would hope that THC will now seek to ensure that any development on Sandown Common Good Land, is in keeping with the Reporter's observations, and, that it especially retains the common good aspects of the area, that are clearly defended in the Local Plan.

This development was a weapon of mass construction, whose destructive potential has been unearthed, fortunately before it destabilised the Nairn environment and its gateway.

MESSAGE ENDS
John Hart
for NRCG

Excellent news John and an opportunity for Nairn to move forward in a sensible way and with the community deciding what is appropriate for whatever goes on the Sandown Lands and not Highland Council or developers. Let's get it right next time round!

NRCG still seeking your objections to Sandown

The following from a NRCG circular:

'Would you please pass on this note on to as many of your fellow objectors as you can think of; and we would ask them - and you - to e-mail back by return that you/they support the position stated below and please feel free to add any additional objections:
"We object to the overdevelopment of Sandown Lands, to the density, house numbers and style of this proposed development and to its non-compliance with the Nairn Local plan: and we support Highland Councils original and unanimous decision to reject it in May 2009. Any future plans to develop Sandown must be sympathetic to Nairn and its surrounding areas and should not be in a high density configuration"
Responses need to have your full name(s), Mr & Mrs where appropriate, and address shown on the return
e-mails or the Developer will claim that they be disallowed as "coming from anywhere". Please direct your email to bandslynch@btinternet.com or by letter at the address below.
Thank you, and we hope to see as many of you as possible at the Nairn Community Centre in March - your visible support can really make a difference so if you can attend in person this would be very supportive. Details are on Scottish Governments website: www.scotland.gov.uk/Topics/Planning/Appeals: Case No: PPA-270-632.
Yours sincerely,
Brian Lynch
for Nairn Residents Concern Group
Benview
Sandown Farm Lane
NAIRN IV12 5NE
01667 451574'

The Gurn will be going to the public inquiry on the 2nd of March. The inquiry starts at 10.00 so to make our presence felt would it be best to be there from 09.30 onwards perhaps? Are you going to the inquiry and if protesting will you be taking banners etc?

Also another article on Sandown posted on the Gurn over the weekend here.

Sandown: NRCG ask searching questions of Highland Council

The Nairn Residents Concern Group are asking a series of questions about the Highland Council's role in the Sandown fiasco to date. The group have detailed them in a letter written to the Gurn. This letter is a must for all those who are interested in the background and eventual outcome of this controversial planning application. You can read the letter here.

Brian Lynch, spokesperson for NRCG also told the Gurn, "NRCG would also like to say than you to the 100 or so people who took the time to write to us and express their opposition to the current proposals for Sandown"

This public inquiry, starting on 2nd March will be important for Nairn's future, it is worth taking the time to be there for the first few hours at least.

Sandown Appeal - Letter from NRCG to Gurnites - Council's Statement of Case details now published

'The date for the Sandown appeal hearing is now set for the periods 2nd to 5th: and 9th and 10th March 2010 at a venue yet to be decided but probably the Newton Hotel. We are aware that many people (over 200- a figure verified with Highland Council records) made written objections via Highland Council concerning Deveron Highlands current proposals for Sandown;and that others made similar verbal representations at the May planning hearing.

As we approach the end of 2009 the Nairn Residents Concern Group thought it appropriate that we give the people of Nairn an update on our approach to the appeal. In addition,we would like to thank everyone who voiced objections for their continued interest in making sure Nairn gets the size and style of development that matches or betters the existing quality of the community.

NRCG have applied for, and been granted, "Relevant Person" status for the appeal process and have submitted a "Statement of Case" to the appeal hearing Reporter appointed by Scottish Government. This will be supported by further documentation being prepared in the coming months. From the 15 December 09 the NRCG Statement of Case and those of the other protagonists have been be on the Scottish Governments Directorate for Planning & Environmental Appeals (DPEA) website www.dpea.scotland.gov.uk

We are now the only independent body representing Nairn objectors who hold this privilege within the appeal process, the local community councils while they will be making representation at the hearing in March have opted not to make a formal Statement of Case within the appeal process or to be "Relevant Persons".

The Highland Council case for rejection of the appeal will be led by a team consisting Highland Council Solicitor Miss McLeod, Cllr S Park, and an external planning consultant. At the time of writing, we believe that there are no officials from the Councils Planning Department identified on the Highland Council team.

The public should be clear however, that this is an inquiry into the planning merits of the appeal proposal. Matters regarding: undertakings associated with bid offers; the content of missives; land purchase prices; land sale; profit levels; commercial viability; reference to Audit Scotland; the alleged motivation of the developers, the council and its officers; and complaints about the council's processing of the application are not within the remit of the inquiry. Consequently, debate (and documents) on those matters will not be admitted at the inquiry sessions.

So we wish our supporters the compliments of the season and encourage you to keep asking questions of your elected representatives and community councils. We'd also ask that you put the appeal dates in your calendar now and to come along on the day to support our efforts to influence the outcome of the current Sandown proposal.'

Brian Lynch
(On behalf of Nairn Residents Concern Group)
Benview, Sandown Farm Lane, Nairn.
Tel 01667451574

Thanks Brian, Season's greetings to the NRCG too. Here's hoping for a satisfactory outcome. Brian also draws our attention to the Highland Council's statement of case now posted on the Scottish Government's website. What is interesting is the following section Appendix C of that document.

'Should the Reporter decide to approve the application, THC suggests that the following conditions be attached to the grant of any consent:'

Obviously a fall-back position for the council should they lose the appeal and standard practice. One could be forgiven for wondering how confident the Highland Council are however?

See the full document here and all other documents registered with the inquiry here.

The latest document on the site indicates the inquiry will be in the community centre. Seagulls will have to be on their best behaviour again!

The Sainsbury's inquiry proved that public opinion was a factor in the eventual outcome, we agree with Brian and would urge Gurnites to go along to the inquiry in March.

NCRG supports Water Lane residents

The Gurn can reveal that the Nairn Concerned Residents' Group have submitted an objection to the Woolies town houses planning application for Water Lane. The NCRG was born of the controversy surrounding the Maggot Road flats and went on to join the fight against the 550 houses on Sandown. The Gurn further understands that they will give evidence at the Sandown Public Inquiry whenever the date is set by the Scottish Government.

If you also want to help stop over development in Water Lane then there is still time to get involved. Make no mistake Gurnites, if this planning application is approved then anything could happen anywhere in Nairn!

You can make an online objection on this webpage. It seems to accept comments but if you click onto the tab to read the comments it won't allow you to do so (IE7 anyway). The Gurn has published details of the plans and they are also available in the Courthouse. Why not take a walk down Water Lane and see for yourself the impact this development will have.There it is Gurnites, it is worth considering supporting your fellow citizens because such a planning application could affect your area next.Those concerned about this development have until Tuesday the 1st of September to register their objections that's only 5 Days

Letter to the Gurn from Brian Lynch - Planning new settlements

This letter was originally published in the Press and Journal but heavily edited to save space. Brian has forwarded the full letter for the benefit of all Gurnites.

Dear Sir:

With reference to the letter in your edition of July 8th from Mr Sutherland under the heading of "Planning New Settlements". I share his concern about the risk that inappropriate development could ruin the unique character of some of Scotland's more attractive Highland towns - not just Stonehaven, but Nairn and a number of others are under threat. I would like to add the following comments.

Major housing developments are being planned across most areas of Scotland, and will impact many existing communities. If readers wish to get an idea of the sheer scale of house construction proposed they should access the Scottish Government's web-site and study the list of 68 projects listed under the "Scottish Sustainable Communities Initiative" (and this list is not exhaustive with respect to planned house building in Scotland: as the list contains sustainable developments only).

Not only the should the numbers cause some serious reflection and questioning, but also the type of "high density" development being mooted as "the answer" in more and more cases. Few people who have ever lived in "high density" housing developments feel a burning desire to repeat the experience-and those who champion high density homes are very unlikely to move into one themselves.

The methodology for projecting future housing needs has recently moved away from the sole use of standard population projections based on factual birth/death data (See General Register for Scotland website) to the incorporation of "aspirational growth" projections for the next 25years. For the first time also we see use of a "high migration variant" projection in the derivation of these aspirations - these "assume higher levels of net in-migration to Scotland". So, for example, for the whole of the Highland we see births in the period 2006-2031 falling, but a population growth aspiration of 17% if the "high migration variant" is used in the calculation.

These "aspirations" might explain the 4,600 new homes (and a population growth of 10,000 people) envisaged for Nairn, because such an expansion surely doesn't stack up against the actual local population trend. What's generating the need for all these homes and, particularly in areas outwith the central belt and oil-zone around Aberdeen, where are the long term employment opportunities coming from?

Even if it is accepted that certain regions of Scotland need to retain and grow their resident populations, there has to be serious analysis of the factors that attract them. People move to the Highlands for quality of life, quality of environment, and quality of access and infrastructure for business and leisure. Building "affordable" housing alone, or in quantity, is not the solution, and is more likely to become part of the problem.

Members of the public have limited time and expertise to comment on these topics- which are at the heart of the future economic wellbeing of Scotland. People need homes, but something is not right with the logic here. Let's get back to a fact based planning methodology and away from an over-dependence on "aspiration" as the leading indicator for driving commercial house building projects. Is there any civic leader or politician who is prepared to challenge this approach-if so let us hear from you?

Brian Lynch (For Nairn Residents Concern Group)

Concerned residents start protest group but are they too late?

The Gurn had heard that a petition against the 51 flats on Maggot Road was doing the rounds and now a protest meeting is being held in the Community Centre tomorrow. Maybe those upset by this development have something they think can halt the process or at least force a reconsideration but to all intents and purposes it seems that the decision to build the homes is done and dusted. Four storeys is out of character though isn't it? It would be nice if a last minute compromise could be made to reduce the height to three storeys.

In the picture you can see the turn off to the Maggot. Click on it to see a larger version if you like. The blue car is trying to cross the stream of traffic heading west. You can see the two keep clear areas that are just in front of the traffic lights. Will there be a need for a third one in front of the Maggot Road turn off as the traffic movements of the 51 households are added to the existing movements up and down that road?