Agenda and minutes

There were no apologies for absence.

There were no declarations of interest intimated.

The Chair welcomed all those present to the meeting.

 

The Chair advised that no person present would be entitled to speak other than the Local Review Body Panel and Mr Reppke, who would provide procedural advice if required.

 

The Chair advised that his first task would be to establish if the Panel felt that they had sufficient information to come to a decision on the review.

 

Councillor Colville advised that he would like further information before he could come to a decision on the review.  In terms of the reference made by planning with regard to an alternative site for commercial premises he asked for clarification from planning on where the nearest commercial premises were to the proposed site. He wanted to see this as he did not believe that 360 acres was a viable unit.  Councillor Colville advised that he would like a site visit in order to view the condition of the existing houses on the farm, the proposed site, steadings and surrounding farmland.  Councillor Blair agreed with Councillor Colville.

 

Councillor Taylor advised that he had questions around the security issues on the site and that it would be helpful to see where the existing dwellings sat in relation to the farm holdings and also where the proposed site sat in relation to the settlement boundary.  He advised that it would also be useful to see the site proposed for development by Celtic Sea Ltd and therefore advised that he would like to hold a site visit and invite planning and the applicants to attend.

 

Councillor Colville added that he had questions surrounding whether any of the applicant’s family would be involved in the diversification project and whether they would be making use of the accommodation on site.  He advised that he would like further information from the applicant on the workforce envisaged for the diversification project and whether any of the workforce would be family members and how they would be accommodated.

 

Decision

 

The Argyll and Bute Local Review Body –

 

1.      Agreed to request further written submissions from the Planning Department in respect of –

 

1. Clarification on where the nearest available commercial premises are in relation to the proposed site.
2. A map of the settlement zone and its boundary relative to the farm steadings.

 

2.      Agreed to request further written submissions from the applicant in respect of the workforce that was envisaged for the farm diversification project and if this workforce would include any family members and how they would be accommodated.

 

3.      Agreed to hold an accompanied site visit to view the proposed site, the site of the applicants existing accommodation in relation to the farm, the condition of the 2 existing dwellings, the proposed site for development by Celtic Sea Ltd and the security around the site; and that the applicant and planning be invited to attend to respond to any questions the Panel may have in respect of these matters.

 

The Argyll and Bute Local Review Body reconvened on Tuesday 14 May 2013 at 11.45am in Kilmelford Village Hall after an accompanied site visit (Note of Site Visit attached at Appendix A to this Minute).

 

Present:          Councillor Sandy Taylor (chair)

                        Councillor Gordon Blair

                        Councillor Rory Colville

                        Charles Reppke, Head of Governance and Law (Adviser)

                        Hazel MacInnes, Committee Services Officer (Minute Taker)

           

The Chair welcomed everyone present to the meeting and advised that no party would be permitted to speak other than the Members of the Local Review Body and Mr Reppke, who would provide procedural advice if required.

 

The Chair asked the Panel if they felt that they now had sufficient information to come to a decision on the review.  Councillor Blair advised that he felt he now had sufficient information to come to a decision on the review.  Councillor Colville advised that he felt there may be a need for further information.

 

Councillor Colville advised that it was clear that the farm was not a viable business on its own and that there was a need for diversification.  He advised that one in two of all farms were now diversifying.  He advised that the legal status of the diversification would need to be determined before a decision could be taken on this application.  He added that he was not convinced of the need for an additional site outwith the old farm at the moment; but could be if there was an operational need which justified it.  Councillor Colville added that should an application be granted outwith the settlement zone that he though it would need a Section 75 Agreement to ensure that the house could not be sold separately from the farm to make a profit.  He asked for advice on these aspects.

 

Mr Reppke advised that if Members were minded to look towards approving the application then they would need a competent Motion to justify development in the Countryside Around Settlement Zone.  Mr Reppke suggested therefore that Members first obtain further information from the applicant on whether diversification had gone beyond being classed as an auxiliary to the farm business and suggested that Members ask that the applicant seek to actively obtain a Certificate of Lawfulness for this diversification.  He then suggested that Members also ask the applicant to provide a Business Case justifying the locational and operational need for an additional house on the proposed site.  Mr Reppke also advised that if Members were minded to approve the application then it would be helpful to request suitable conditions and reasons from the Planning department that could accompany any approval.

 

Councillor Blair agreed with Mr Reppke’s suggestions and advised that he could see no problem with the site other than it was in the Countryside Around Settlement Zone and the uncertainty around  the existing planning status of some activities.  Councillor Colville and Councillor Taylor agreed with Mr Reppke’s suggestions.

 

Decision

 

The Argyll and Bute Local Review Body -

 

1.      Agreed to request further written submissions from the applicant in respect of –

 

a)      Confirmation being obtained on whether or  ...  view the full minutes text for item 3.