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Lawyers flag up ‘concerns’ over Kinloch quarry refusal

400 people signed a petition against plans for the quarry in North East Fife.
400 people signed a petition against plans for the quarry in North East Fife.

Lawyers acting for a quarry company say they have “very serious concerns” about a recent controversial planning application.

Last month Fife Council’s North East Fife Area Committee went against the advice of its own planning officers to refuse permission for a sand and gravel quarry at Kinloch Farm, near Collessie.

Councillors supported objectors, who submitted a 400-signature petition, as well as almost 100 representations.

They included one from Dr Jackie Hyland, public health consultant for NHS Fife, who was concerned about the health risks posed by dust.

Now legal agents for applicants Laird Aggregates, Dalgleish Associates Ltd, say they consider there were “material errors made by members of the committee in their consideration of the application”.

In a letter to the council’s legal services department, they said: “Those errors may be categorised as breach of legitimate expectation, breach of natural justice and an apparent unwillingness to afford Laird a fair hearing.”

On a separate matter, lawyers Wright, Johnston and Mackenzie said their clients were “extremely concerned” to note considerable weight appeared to have been attached to the submissions by NHS Fife.

“Their involvement in this application was surprising to say the least,”said the law firm.

Meanwhile, Giffordtown and District Community Council has criticised the tactics of advisers acting for Laird Aggregates.

The community council one of the main objectors to the plan says the company will have a right of appeal to Scottish Ministers which was the “only appropriate way forward”.

Council secretary John Arbuckle pointed out objectors would not have that comfort in the case of approval.

“Recent letters from company representatives amount to corporate intimidation, in an attempt to subvert the democratic process and normal procedures,” claimed Mr Arbuckle.