Agenda and minutes

An apology for absence was intimated on behalf of Councillor Scoullar.

Councillor R Macintyre declared a non financial interest in agenda item 4b by reason of being a close friend to the applicant.  Councillor B Marshall declared a non pecuniary interest in item 4e by reason of  .  Having declared these interests the Members left the meeting while these matters were being discussed and took no part in the consideration of them.

The Minute of the Area Committee of 3^rd June 2008 was approved as a correct record with an amendment to the 7^th word on the first line of the second paragraph, of agenda item 4a to read “netball” instead of “badminton”

The Minute of Planning Hearing 07/01171/OUT of 21^st May 2008 was approved as a correct record with an amendment to the 3^rd word on the last line of the first paragraph, of summing up to read “principle” instead of “principal”.

The Minute of Planning Hearing 08/00550/DET of 21^st May 2008 was approved as a correct record with an amendment to the last word on the last line of the first paragraph, of summing up to read “principle” instead of “principal”.

Motion

The application be approved because the scale and situation of the proposed extension will not dominate and should not have an adverse effect upon neighbours and provided materials are complimentary the extension will meet Policy BE9 of the Cowal Local Plan and LP POL HOU5 of the Argyll and Bute Local Plan.  Because the design is not unsympathetic in the context of the surrounding streetscape the extension will not contravene Policy BE9 of the Cowal Local Plan, and LP ENV19 of the Argyll and Bute Local Plan.

For these reasons and the expressed need by the applicant I wish to put a motion that planning permission be granted subject to the standard conditions and reason, with an informative to the applicant regarding private land ownership considerations.

Proposed: Councillor B Marshall

Seconded: Councillor A MacAlister

Decision

The Committee unanimously agreed that the planning application be approved subject to the standard conditions and reasons by the Head of Planning Services.

(Reference: Report by the Head of Planning Services dated 23^rd May 2008 – submitted)

Councillor R Macintyre, having declared a non financial interest in this item, left the meeting and took no part in the discussion of this matter.

Decision

The Committee agreed that the planning application be approved subject to the standard conditions by the Head of Planning Services.

Councillor I Strong asked for her dissent with this decision to be recorded in the minutes.

(Reference: Report by the Head of Planning Services dated 23^rd June 2008 and 19^th November 2007  – submitted)

Motion

That the planning application be approved because the windows closely match in appearance the non original windows which are to be replaced.  The replacement windows would not have an adverse impact on the special architectural interest of the building and therefore can be justified in term of the policies STRAT DC9 of the Argyll and Bute Structure Plan POL BE6 of the Bute Local Plan and Policies LP ENV13a and LP ENV14 of the Argyll and Bute Local Plan.

I move that the application for Listed Building Consent be notified to Scottish Ministers with an indication that the Council is minded to grant Listed Building Consent subject to the standard conditions and reasons.

I move that the application for Planning Permission be granted subject to the standard conditions and reasons with a note to the applicant advising not to proceed until Listed Building Consent has been issued.

Proposed: Councillor I Strong

Seconded: Councillor A McNaughton

Decision

The Committee unanimously agreed that the planning application be approved subject to the standard conditions and reasons by the Head of Planning Services.

(Reference:  Report by the Head of Planning Services dated 23^rd June 2008 – submitted)

Motion

That the listed building application be approved because the windows closely match in appearance the non original windows which are to be replaced.  The replacement windows would not have an adverse impact on the special architectural interest of the building and therefore can be justified in term of the policies STRAT DC9 of the Argyll and Bute Structure Plan, POL BE6 of the Bute Local Plan and Policies LP ENV13a and LP ENV14 of the Argyll and Bute Local Plan.

I move that the application for Listed Building Consent be notified to Scottish Ministers with an indication that the Council is minded to grant Listed Building Consent subject to the standard conditions and reasons.

I move that the application for Planning Permission be granted subject to the standard conditions and reasons with a note to the applicant advising not to proceed until Listed Building Consent has been issued.

Proposed: Councillor I Strong

Seconded: Councillor A McNaughton

Decision

The Committee unanimously agreed to notify Scottish Ministers that the listed building consent be approved subject to the standard conditions and reasons by the Head of Planning Services.

(Reference:  Report by the Head of Planning Services dated 23^rd June 2008 – submitted)

Councillor B Marshall, having declared a non financial interest in this item, left the meeting and took no part in the discussion of this matter.  Councillor J R Walsh took over the chair while Councillor Marshall was absent.

Motion

That the application be approved as a minor departure from the development plan for the reasons below, subject to the standard condition and reason and further conditions regarding access and parking to be delegated to the Head of Planning Services.

Reasoned Justification for a Departure from the Provisions of the Development Plan.

The proposal is contrary to the provisions of Policy POL HO 9 “Sensitive Settlements” of the Cowal local Plan 1993.  However, this Plan is now seriously out of date and the site lies within the Settlement Zone of Strachur as shown in the Argyll and Bute Modified Finalised Draft Local Plan 2006.  At this part of the village, there is limited development on the shore side of the A886 but the pattern of development is dictated by the depth of the available plots and there is adequate room to construct a dwellinghouse on this plot without unreasonably impacting on either the amenities of adjacent properties or adversely affecting the character of the developed coast.  Moreover, there would appear to be little opportunity to develop additional land on the shoreward side of the A886, so the proposal would not set an undesirable precedent for further development.  The proposal therefore represents acceptable development of the settlement of Strachur on the west of the A886 in accordance with the Argyll and Bute Local Plan, and can be approved as a minor departure form the Cowal Local Plan.

Proposed:  Councillor R Simon

Seconded:  Councillor A McNaughton

Decision

The Committee unanimously agreed that the planning application be approved subject to the standard conditions and reasons by the Head of Planning Services, and further conditions regarding access and parking to be delegated to the Head of Planning Services.

(Reference: Report by the Head of Planning Services dated 24^th June 2008 – submitted)

Motion

The change of use be approved subject to the conditions contained in the report by the Head of Planning Services.

Proposed:  Councillor R Macintyre

Seconded:  Councillor A MacAlister

Amendment

The change of use application be continued for a period of one month for clarification on potential bad neighbour development with regards to noise and smell.

Proposed:  Councillor B Marshall

Seconded: Councillor R Simon

With the matter being put to a vote 3 voted for the Motion and 5 for the Amendment.

Decision

The change of use application be continued for a period of one month for clarification on potential bad neighbour development with regards to noise and smell.

(Reference:  Report by the Head of Planning Services dated 24^th June 2008 – submitted)

Decision

Enforcement Report 03/00084/ENFOTH - noted

E1 - Paragraph 13  Information which, if disclosed to the public, would reveal that the authority proposes-

(a)               to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)               to make an order or direction under any enactment.