A quarry operator fighting for permission to move into the Howe of Fife has taken the unusual step of demanding an expert be drafted in from England to hear its appeal.
One of the leading objectors to the proposal for a quarry near Collessie is employed by the Scottish Government department dealing with the case.
Laird Aggregates’ legal agent Wright, Johnston & Mackenzie claimed there could be a perception of bias if one of Philip Hutchinson’s colleagues was appointed to decide whether to grant planning permission.
Mr Hutchinson is a reporter for the Government’s Directorate of Planning and Environmental Appeals (DPEA) and his job involves determining such appeals.
He and wife Jane, chairwoman of Giffordtown Community Council, live just 100 metres from the site of the proposed quarry and are leading figures in the campaign against it.
In a letter to the DPEA, Wright, Johnston & Mackenzie associate Melanie Kane said the DPEA must avoid the risk of accusations of bias.
She said: “In light of the obvious relationship between Mr Hutchinson and the DPEA, we would submit that such a risk does exist and that steps ought to be taken to avoid that perception arising.
“In our view, this can be achieved effectively by appointment of an English inspector who has not previously handled a Scottish appeal.”
She stressed that no imputations were made against Mr Hutchinson’s professional integrity or criticism made of him exercising his right to object as an individual but that the DPEA should be mindful of how the situation may be viewed by the public.
Residents are fighting the plans of Forfar-based Laird Aggregates to extract two million tonnes of sand and gravel from 82 hectares of farmland at Kinloch Farm.
There are concerns about the impact on health from dust emissions and worries about noise, visual impact and road safety, with heavy goods vehicles using the narrow B937.
Fife Council’s North-East Fife area committee refused planning permission on the grounds of detrimental visual impact, significant cumulative effects on residential amenity, road safety and visual amenity, trees would have to be removed and there was no evidence of a deficiency of aggregates for the construction industry.
Laird Aggregates, however, has accused the committee of unreasonable behaviours and claims there is no justifiable reason to refuse planning permission for the quarry which it said would create and support jobs.
Mr Hutchinson said the identity of the reporter appointed was of no concern to objectors as long as they had sufficient experience for such a complex case.
He said: “This would not be the first time one Scottish Government reporter has appeared before another Scottish Government reporter in order to legitimately defend the tranquility of his own home.
“However, I accept all the reservations expressed by Wright, Johnston & Mackenzie.
“Despite the polarity, my wife and I believe that we continue to enjoy cordial relations with our opposition.
“We both agree that perceptions are everything in situations like this. Both sides of this discussion will want a decision that is free of challenge in the courts.”
A DPEA spokeswoman confirmed that the request had been received.
She said that Fife Council had been asked for its view on the proposal and that a decision would be made shortly on whether a reporter would be appointed internally or externally.