Friday, June 14, 2013

update save the Magnum campaign... when council bows to the corporate masters & not the needs of the community

I have today come into possession of an email from north Ayrshire council reference the planning application & objections to the new proposed Magnum 2 & demolition of the original sports and recreation center at Irvine Harbor.
the email reads as follows... please share and register your objections and reasons for them.
Its still not too late we can stop this being action-ed if need be through the courts , but we need support. Please help us get it...

contact from NAC refers to appeals against planning approval being granted & rights to appeal such decisions pass this on

----- Forwarded Message -----
From: Andrew Fraser
To:
Cc: James Miller ; CEMail ; Craig Hatton ; Karen Yeomans
Sent: Thursday, 13 June 2013, 17:10
Subject: Planning Committee 5th June 2013 - Complaints procedure [INTERNAL]

Dear     ,

Thank you for your email of 7th June 2013 which has been passed to me to respond.  I assume that your email relates to the grant of planning permission for the new leisure centre adjacent to the Town's House in Irvine.  

A grant of planning permission cannot be reviewed or reconsidered through Council procedures.  Only Cabinet decisions can be 'called in' for review by the Scrutiny Committee.  The Planning Committee has delegated powers and planning permissions are issued immediately after the Committee.  I can confirm that the planning permission for this development has been issued.  Nor do objectors have any right of appeal to the Scottish Government Enquiry Reporters Unit or the Courts.  The only remedy available is an action of Judicial Review in the Court of Session.  Such actions are expensive and can only be raised if there is a point of law. Any such action would also be opposed by the Council.  

As regards declarations of interest the position is as follows.  The application was by the Council, not by Irvine Bay Regeneration Company.  At the time of the grant of planning permission, the Regeneration Company had no land ownership of the development site (their interest was sold to the Council in May 2013).  Even if they had any such interest (which they did not), the only Councillor who is a Director of Irvine Bay Regeneration Company is Councillor Willie Gibson.  He is not a member of the Planning Committee.  Accordingly no member of the Planning Committee required to declare an interest before determining the leisure centre application.

I fully understand and respect your right to disagree with the decision of the Planning Committee.  However objection to the decision is not in itself ground to review the grant of this application.  Nor am I aware of any deficiencies in the processing of this application.

Please do not hesitate to contact me should you require any further information.

Regards

Andrew



Andrew A Fraser
Head of Democratic and Administration Services
North Ayrshire Council
Cunninghame House
Friarscroft
Irvine
KA12 8EE
Tel 01294 324125
Email andrewfraser@north-ayrshire.gov.uk

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