Residents claim victory in dispute over digging in Kinross

Householders say they have scored “a small victory” against developers they reckon have been digging too close to their properties in order to press on with a second phase of a controversial development in Kinross.

It’s understood Perth and Kinross Council is investigating complaints raised by residents living next to Persimmon Homes’ Lathro Meadows development site that contractors have been noisily digging near their back gardens.

They say the work appears to be a breach of a condition laid down by the local authority at the planning stage that construction crews should leave a three metre buffer zone between the new development and existing properties.

However the housebuilders have refuted this claim and say there has been no breach.

One resident shared a screenshot of a reply they had received from a council worker regarding the complaints on social media saying they had now told Persimmon to stop digging so close to people’s properties and reseed the area they had already dug up with grass.

It said: “In relation to the breach identified in the correspondence [this] appears to me to be in breach of the notice served with phase one of the development as the applicable permission in this regard.

“The breach of this notice has already been pursued through the service of a fixed penalty and the fixed penalty paid.

“Further penalty in relation to the breach of the notice is not possible without there being some other means of enforcement proceedings.

“Prior to determining any further course of action I have scheduled a meeting with Persimmon’s construction director to review the breach on Thursday.

“In the short term, I have requested Persimmon cease any further soil strip in the vicinity of the boundary hedge, reinstate the top soil stripped and reseed the area stripped [then] erect the required construction exclusion zone to remain in situ for the duration of construction.”

The complainer remarked on her post: “A small victory for now. Fingers crossed Persimmon [won’t] be able to wangle their way out of this down the road.”

But a spokesperson for Persimmon Homes told the PA there had been “no breach” at the site.

The spokesperson said: “We can confirm that the enforcement officer has followed up a request to visit the site where an inspection confirmed there was no breach and therefore no enforcement action required.

“Works on phase two of the development are permitted under current planning consents and have begun with the knowledge and agreement of the planning authority.”

A PKC spokesperson commented: “Development on the site can begin through an existing planning permission.

“This has some overlap with the planning application currently sitting with Scottish Ministers and as preparatory works relating to both schemes are very similar we understand how this can be confusing for residents.

“We have also investigated their concerns regarding activity in a ‘buffer zone’ between their homes and any new development. We have agreed an approach with the developer in relation to tree protection, re-soiling and seeding as a result.

“The ‘buffer zone’ will not be built upon.”

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