Agenda and minutes

The Chair referred to a decision made by the previous Planning, Protective Services and Licensing Committee on 21 March 2012 regarding Private Hire Licensing – List of Approved Vehicles.  In terms of Standing Order 16.1 and 16.2.2, the Chair ruled, and the Committee agreed, that there had been a material change in circumstances to allow the Committee to revisit this item in respect of trikes within a period of 6 months as the main focus of the previous decision related to another type of 3 wheeled vehicle.  A report in respect of this issue is dealt with at item 4 of this Minute.

Apologies for absence were intimated from Councillors George Freeman, David Kinniburgh, Robert G MacIntyre and Donald MacMillan.

None declared.

Planning, Protective Services and Licensing Committee 30 May 2012

The Minutes of the Planning, Protective Services and Licensing Committee of 30 May 2012 were approved as a correct record.

Report by Head of Governance and Law (to follow)

A report was considered advising that Argyll and Bute Council licensing section have received requests to consider including trikes on the list of vehicles approved for use as taxi and private hire cars licensed by Argyll and Bute Council.

Decision

Agreed to include trikes on the list of vehicles approved for use as private hire cars subject to the conditions attached at appendix 1 of the report.

(Reference: Report by Head of Governance and Law, tabled)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this proposal seeks detailed planning permission for the erection of a detached single storey dwelling to be used as a ‘river watcher’s/water baliff’s’ accommodation to facilitate the management of this part of Dunlossit Estate.  The application site is located within an area of ‘sensitive countryside’ immediately to the south of, and largely contained by, a sharp bend in the Laggan River to the east of Laggan Bridge.  It is considered that sufficient locational need has been established to outweigh the general policy presumption against such development in the sensitive countryside and an ACE has been carried out which demonstrates that the proposed site can support the development proposed without having any materially detrimental impact upon the key landscape characteristics of the identified ACE compartment.   The ACE appended to the report was recommended for adoption as a material consideration in the determination of this application and any future application within the defined area of common landscape character.  The application was also recommended for approval subject to conditions and reasons set out in the report and the Applicant entering into a Section 75 Legal Agreement as detailed at section H of the report.

Decision

1.        Agreed that sufficient locational need had been established to outweigh the general policy presumption against such development in the sensitive countryside;

2.        Agreed the Area Capacity Evaluation (ACE) appended to the report be adopted as a material consideration in the determination of this application and any future application within the defined area of common landscape character; and

3.        Agreed to grant planning permission subject to the Applicant entering into an appropriate Section 75 Legal Agreement and subject to the following conditions and reasons:-

(a)        The proposed development shall be carried out in accordance with the details specified in the application form dated 5^th November 2010; and the approved drawings numbered 1 of 6 to 6 of 6; and stamped approved by Argyll and Bute Council.

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

Standard Note: In terms of condition 2 above, the council can approve minor variations to the approved plans in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997 although no variations should be undertaken without obtaining the prior written approval of the Planning Authority. If you wish to seek any minor variation of the application, an application for a non material amendment (NMA) should be made in writing to Planning Services, Dalriada House, Lochgilphead, PA31 8ST which should list all the proposed changes, enclosing a copy of a plan(s) detailing these changes together with a copy of the original approved plans. Any amendments deemed by the Council to be material, would require the submission of a further application for planning permission.

(b)        Prior to the commencement of development, details of the proposed finished floor levels of the  ...  view the full minutes text for item 5.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this application was due to be presented to the PPSL Committee in February 2012 recommended for refusal.  On the request of the Applicant, it was agreed that the application be continued to allow further information to be submitted and which has now been supplied.  The dwelling is required for operational purposes to service a bareland croft and is supported by an appropriate Croft Development Plan.  The dwelling has been sited in a location which represents the best opportunity to accommodate a house within the holding.  Although situated within PDA allocation 5/5, where a comprehensive approach to development is normally required, the individual circumstances and topography of the site mean it is unlikely to be required to allow for the Oban Development Road or the expansion of the adjacent golf course.  As the site does not conflict with the objectives which underpin the PDA allocation, it is accepted that a croft house can be granted without undermining the PDA allocation in this instance.  There are no other material considerations, including issues raised by third parties, which would prevent the development being granted as a ‘minor departure’ from the adopted development plan subject to conditions and to the prior conclusion of a Section 75 Legal Agreement  tying ownership of the dwelling to the croft land in order to avoid demand for further croft division.

Decision

Agreed that, subject to the prior conclusion of a Section 75 Legal Agreement, the application be granted as a minor departure from the adopted development plan subject to the following conditions and reasons:-

1.        That this permission is granted in terms of Section 59 of the undernoted Act for planning permission in principle and further approval of the Planning Authority shall be required for matters specified in conditions, such application must be made before whichever is the later of the following:-

(a)        the expiration of a period of 3 years from the date of this permission

(b)        the expiration of a period of 6 months from the date on which an earlier application for the requisite approval was refused

(c)        the expiration of a period of 6 months from the date on which an appeal against such refusal is dismissed

And in the case of b and c above only one such application can be made after the expiration of the period of 3 years from the original planning permission in principle.

Reason: In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2.        No development shall commence on site until the following information has been submitted by way of an application(s) for approval of matters specified in conditions and approval has been given in writing by the Planning Authority:

(a)        A detailed site layout plan at a scale of 1:500 showing the proposed dwellinghouse and residential curtilage;

(b)        Access, parking, water supply and drainage arrangements;

(c)        Plans and elevations of the proposed dwellinghouse which shall  ...  view the full minutes text for item 6.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that the proposal seeks the erection of 1 No. 5 kilowatt, 15 metre (to hub) wind turbine on an area of land to the north east of Torrbreac, Dervaig, Isle of Mull.   In terms of the Argyll and Bute Local Plan (2009) the site is situated within a Rural Opportunity Area where Policy STRAT DC 4 of the approved Argyll and Bute Structure Plan (2002) gives encouragement to ‘small scale’ development on suitable sites which, in terms of siting and design, will visually integrate with landscape.  It is considered that the Applicant has demonstrated that the proposed wind turbine has been sited as  close to the property it is intended to serve as is safely and technically possible and therefore is an appropriate association between them.  It is also considered that the proposed wind turbine will have no materially adverse impact upon the character and visual amenity of the site or its wider landscape context and is consistent with Policies STRAT DC 4, STRAT DC 7, STRAT DC 8, STRAT RE 1 and STRAT SI 1 of the approved Argyll and Bute Structure Plan (2002) and Policies LP ENV 1, LP ENV 6 and LP REN 2 of the adopted Argyll and Bute Local Plan (2009).  The scale and siting of the turbine accord with advice set out in the Council’s Landscape Wind Energy Capacity Study 2012 in respect of ‘micro-small’ turbines.  Having due regard to the Development Plan and all other material considerations, including issues raised by third parties, it is recommended that planning permission be granted subject to conditions and reasons detailed in the report.

Decision

Agreed to grant planning permission subject to the following conditions and reasons:-

1.        No development shall commence on site until full details of the proposed finishing colours for the proposed tower, rotors and turbine are submitted and approved in writing by the Planning Authority.  The development shall thereafter be installed and maintained in perpetuity in strict accordance with such details as are approved.

Reason: In the interests of visual amenity.

2.        Upon the permanent cessation of the use of the wind turbine, or in the event of electricity not having been generated for a continuous period in excess of six months, the turbine and any ancillary equipment shall be dismantled and removed from the site and the land reinstated in accordance with details to be submitted and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity on the basis of ensuring that the structure does not remain on the site beyond the period during which it is required for the purposes of electricity generation. 

3.        No development shall commence on site until full details of a landscaping scheme for the site has been submitted and approved in writing by the Planning Authority in consultation with the Biodiversity Officer.  Such a scheme shall show mixed planting in an informal fashion along the southeast boundary of the  ...  view the full minutes text for item 7.

Councillors Alex McNaughton and James McQueen left the meeting.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this application follows on from an unimplemented consent granted for a windfarm on this site in 2008.  This application is for the development of an alternative design of wind farm and associated infrastructure on a forested site in a remote location in Kilmichael Forest approximately 10 kilometres north east of Lochgilphead and 5 kilometres west, north-west of Minard.  The current proposal is to install 21 wind turbines, each with a nominal capacity of 2.3MW, hub height of 80 metres and rotor diameter of 92.5 metres giving a maximum height to blade tip of 126.5 metres.  The layout of the wind turbines and the size of the turbines has been amended in the light of continuing post–consent wind monitoring at the site, in order to be able to maximise the available wind resource, which appears to have been under estimated by the pre 2007 application wind monitoring results.  None of the statutory or other consultees have objected to the proposal or have raised issues which cannot be addressed to their satisfaction by the imposition of relevant planning conditions.  There have been two letters of support for the application, one of objection and one further representation raising a question and the application is recommended for approval subject to conditions and a revised Section 75 Legal Agreement.  The Principal Planning Officer referred to amendments made to conditions 19, 25, and 35 and the amalgamation of conditions 27 and 28 following publication of the report and advised on the reasons for these amendments.

Decision

Agreed to grant planning permission subject to a revised Section 75 Legal Agreement to secure: decommissioning bond, the implementation of a habitat management plan and the provision of a financial contribution to the Mountain Bothy Association the following conditions and reasons:-

1.        Notwithstanding the provisions of Section 58 of the Town and Country Planning (Scotland) Act 1997, the wind farm hereby permitted shall be operational within five years from the date of this approval unless otherwise agreed in writing with the Council as Planning Authority, following which, by virtue of there having been no start on the development hereby permitted, this consent will be considered to have lapsed.  Development which has been commenced but which remains uncompleted and has not resulted in an operational windfarm within this five year timescale (or otherwise agreed timescale) shall be fully restored in accordance with the applicant’s statement of intentions (i.e. Environmental Statement dated December 2011) and as provided for by conditions attached to this permission.

Reason: In order to reduce unnecessary blight over wind catchment areas and other potential sites which, cumulatively, may result in an adverse environmental impact, but individually might otherwise receive the benefit of planning permission.

2.        The permission shall be for a period of 25 years from the commencement of the commercial operation of the wind farm, the date of which shall be notified in writing to the Council as Planning Authority. Within 12 months of  ...  view the full minutes text for item 8.

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services spoke to the terms of the report advising that the application sought planning permission for the refurbishment of the bandstand within Kidston Park, Helensburgh.  The bandstand would be on the site of the original one and would be reconstructed to a similar design of the original structure.  The refurbished bandstand was proposed as part of the mitigation for the loss of open space at Cumberland Avenue under application 11/00887/PP for the erection of 3 dwellinghouses on land at 19 to 37 Cumberland Avenue, Helensburgh which was approved on 15 December 2011.  The application was considered as a positive addition to the facilities at Kidston Park and could contribute to the overall attraction of the park and encourage tourist activity.  He referred to an objection received from the Helensburgh Community Council who suggested resiting of the bandstand and advised that their objection was not valid in planning terms.  He advised that the proposal was considered an acceptable use within Kidston Park and would comply with the overall provisions of Policies LP ENV 1, LP ENV 19, LP REC 2 and Appendix A of the Argyll and Bute Local Plan and therefore they were recommending approval subject to conditions.

Motion

To agree to grant planning permission subject to conditions and reasons detailed in the report.

Moved by Councillor Sandy Taylor, seconded by Councillor Mary-Jean Devon

Amendment

To agree to continue consideration of this application in order to obtain clarity on maintenance of the bandstand and to receive further advice on the sustainability of the building materials and sustainability of the site.

Moved by Councillor Rory Colville, seconded by Councillor Richard Trail.

Decision

The Amendment was carried by 5 votes to 3 and the Committee resolved accordingly.

(Reference:  Report by Head of Planning and Regulatory Services dated June 2012, submitted)

Councillor Gordon Blair left the meeting.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that the application was for planning permission for the formation of a multi-use/short stay transit marina, plus diesel berth, managers office, provision for small day boats/ribs and limited use for overwintering at Oban Bay, Oban and gave a description of the development. This application follows on from an unimplemented Planning Permission and a subsequent withdrawn application.  This application proposes various amendments to the originally approved development 08/01049/DET which formed the basis of Planning Application 11/02443/PP (since withdrawn), together with further amendments which resulted from consultee and third party feedback to that application.  136 letters of representation had been received; 131 letters in support and 5 of objection. The proposal was consistent with the provisions of the Development Plan and that all other material considerations had been taken into account, including the views of third parties, none of which were of such weight that they could not be overcome by suitable planning conditions.  He advised that approval of the application was recommended subject to the conditions and reasons as detailed in the report.

Decision

Agreed to grant planning permission subject to the following conditions and reasons:-

1.        The proposed development shall be carried out in accordance with the details specified in the application form dated 22^nd March 2012; and the approved drawings numbered: L03 (B) – Site Plan; L-01 (B) – Plan As Proposed; and,  L02 (B) – Sections A-A & B-B As Proposed; and stamped approved by Argyll and Bute Council.

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

2.        The use of the marina shall be restricted to short-stay/transient 60 berth pontoons and no single vessel shall berth at the pontoons for a period longer than 7 days within any calendar month, with the exception of over-wintering vessels, which shall be limited to a maximum number of 20 berths at any one time, which shall only be occupied for such purpose between the beginning of October and the end of March. Vessels over-wintered shall not be used to provide live-aboard residential accommodation.  An up to date detailed log of the arrival and departure of all vessels using the marina shall be kept for the lifetime of the development and shall be made available to the Planning Authority for inspection upon request.

Reason: In accordance with the use applied for, in that a permanent berth marina in this location by reason of lack of onshore facilities and car parking would be unacceptable.

3.        Prior to the use of the pontoon system for the over-wintering of boats, engineering evidence shall be submitted to substantiate the marina’s structural integrity to accommodate 20 boats (maximum length 14 metres) during the over-wintering period provided for by condition 2 above.  This evidence shall be accepted in writing by the Council as Planning Authority prior to any use of the pontoon system for the purposes of over-wintering during that period.  ...  view the full minutes text for item 10.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought by Argyll and Bute Council for the erection of a single storey extension and formation of a secure play area at Park Primary School, Kererra Terrace, Oban.  He advised that no objections had been received from consultees or third parties regarding the proposal.  It was considered that the proposed extension was of suitable scale, form and design which would not detract from the setting of the existing building.  The proposal was in accordance with Policies STRAT DC1, LP COM 1, LP ENV 1, LP ENV 19 and could be justified as a minor departure to Policy LP REC 2 due to the loss of a small part of playground.  He recommended that the application be granted subject to a minor departure to the provisions of the development plan and subject to the conditions and reasons as detailed in the report.

Decision

1.        Agreed to grant planning permission as a minor departure to the provisions of the Development Plan subject to the following conditions and reasons:–

(a)        No development shall commence on site until full details of all external finishing materials have been submitted and approved in writing by the Planning Authority. Thereafter the development shall be implemented in accordance with the duly approved details.

Reason: In the interests of visual amenity to ensure the proposed extension integrates with its surroundings.

(b)        The development shall be implemented in accordance with the details specified on the application form dated 28/03/12 and the approved drawing reference numbers:

Plan 1 of 7 (Drawing Number L(00)001)

Plan 2 of 7 (Drawing Number L(00)002)

Plan 3 of 7 (Drawing Number L(00)003)

Plan 4 of 7 (Drawing Number L(00)003)

Plan 5 of 7 (Drawing Number L(00)004)

Plan 6 of 7 (Drawing Number L(00)005)

Plan 7 of 7 (Drawing Number D(9-)001)

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

2.        Noted that the Head of Planning and Regulatory Services would ensure Officers within Education and Property services are made aware of Members’ concerns regarding the flat roof development and that more appropriate designs should be considered for future developments.

(Reference:  Report by Head of Planning and Regulatory Services dated 31 May 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report and advised that this retrospective application before the Committee was for the erection of a single storey extension at 5 Cammesreinach Crescent, Hunters Quay, Dunoon.  One letter of objection had been received. The extension would accommodate a large wet room and mobility equipment.  The development had previously been deemed as permitted development, but following a complaint in March 2012, an inspection had revealed that the roof was 0.5m higher than had been shown at the time of the proposal. The development was only marginally beyond limits which would have rendered it exempt from the need to obtain planning permission.  Having regard to the scale and height of the extension and its proximity to the boundary, and balancing any loss of amenity to the neighbouring property against the special accommodation requirements of the applicant, it was considered that notwithstanding the views expressed by a third party, there were no justifiable reasons for withholding planning permission in the particular circumstances of the case and therefore he recommended approval of the application subject to the conditions and reasons as outlined in the report. 

Decision

Agreed to grant planning permission subject to the following condition and reason:–

The development shall be implemented in accordance with drawing numbers 1655 04A and 1655-05 and stamped as approved by Argyll and Bute Council as the Planning Authority.

Reason: To define the terms of the permission and to ensure that the development is implemented in accordance with the approved details.

(Reference:  Report by Head of Planning and Regulatory Services dated 15 June 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report and advised that this application was for the renewal of Planning Permission 07/00279/DET for the erection of a dwellinghouse at land south of Heatherfield, Albert Road, Oban. 9 representations had been received regarding the proposed development.  The dwelling house proposed was considered to be of suitable form scale and design incorporating materials which would ensure it integrated with the landscape setting.  The proposal was in accordance with Policy STRAT DC 1 of the Structure Plan and Policies LP ENV 1, LP ENV 19, LP HOU 1, LP TRAN 4 and LP TRAN 6 of the Local Plan.  There were no further material considerations including issues raised by third parties which would warrant anything other than the development being determined in accordance with the provisions of the development plan.  He therefore recommended approval of the application subject to conditions as detailed in the report.

Decision

Agreed to grant planning permission subject to the following conditions and reasons:–

1.        No development shall commence on site until full details of a scheme for the eradication of Japanese Knotweed has been submitted to and approved in writing by the Planning Authority. The scheme shall include a timetable for implementation and clearly identify the extent of the Japanese Knotweed on a scaled plan.

Reason: To eradicate Japanese Knotweed from the development site and to prevent the spread of this non-native invasive species through development works.

2.        No development shall commence on construction of the dwellinghouse until the approved scheme and timetable for the eradication of Japanese Knotweed referred to in condition 1 above have been implemented in full, and a validation report confirming details the remediation treatment carried out and that the site is free of Knotweed has been submitted to and approved in writing by the Planning Authority.

Reason: To eradicate Japanese Knotweed from the development site and to prevent the spread of this non-native invasive species through development works.

3.        No development shall commence on site until full details, including a sample, of the proposed roof covering has been submitted for the written approval of the Council as a Planning Authority. Such details shall show natural slate or a good quality slate substitute.

Reason: In the interests of visual amenity in order to integrate the development into its surroundings.          

4.        The proposed on-site vehicular parking and turning areas shall be formed in accordance with the approved plans and brought into use prior to the first occupation of the dwellinghouse hereby approved.

Reason: To enable vehicles to park clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

5.        The development shall be implemented in accordance with the details specified on the application form dated 12/04/12 and the approved drawing reference numbers:

Plan 1 of 3 (Drawing Number 918/01 Revision A)

Plan 2 of 3 (Drawing Number 918/10 Revision F)

Plan 3 of 3 (Drawing Number 918/16 Revision E)

unless the prior written  ...  view the full minutes text for item 13.

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Head of Planning and Regulatory Services

Consideration was given to an update on enforcement case 10/00319/ENAMEN.

Decision

Noted and agreed the contents of the report.

(Reference: Report by Head of Planning and Regulatory Services, tabled)