Agenda and minutes

Argyll and Bute Local Review Body - Tuesday, 23 April 2013 3:30 pm

Venue: Council Chambers, Kilmory, Lochgilphead. View directions

Contact: FIona McCallum Tel: 01546 604392 

Items
No. Item

1.

CONSIDER NOTICE OF REVIEW REQUEST: LAND SOUTH WEST OF ALDER HOUSE, KILMICHAEL, LOCHGILPHEAD, PA31 8QA pdf icon PDF 68 KB

Additional documents:

Minutes:

The Chair advised and the Panel members agreed that due to their involvement in the Licensing Board, which had adjourned to allow the meeting of the Local Review Body to convene;  to adjourn the meeting of the Local Review Body and to reconvene on Wednesday 22 May 2013.

 

 

The meeting of the Argyll and Bute Local Review Body reconvened on Wednesday 22 May 2013 in the Council Chamber, Kilmory Lochgilphead.

 

Present:          Councillor Mary Jean Devon (Chair)

                        Councillor Gordon Blair

                        Councillor Fred Hall

 

Attending:        Charles Reppke, Head of Governance and Law

                        Fiona McCallum, Committee Services Officer

 

The Chair welcomed all those present to the meeting and introductions were made.  She advised that the only persons present who would be permitted to speak during the meeting would be the members of the Local Review Body panel and Mr Reppke who would provide procedural advice if required.

 

The Chair advised that her first task would be to establish whether the Panel felt they had sufficient information before them to come to a decision on the review.

 

Following consideration of the paperwork before them the LRB agreed that in the first instance it would be beneficial to hold a site inspection in order to view the amenity of the area and the setting of other nearby dwellings referred to by the Applicants’ Agent.

 

The Head of Governance and Law drew the LRB’s attention to a late submission from the Applicants’ Agent which mainly addressed procedural issues and which the Head of Governance and Law had responded to.  The late submission also referred to an error in the original Report of Handling.  He advised that if the LRB were minded to take this late representation into consideration this would be submitted to interested parties for comment in advance of the LRB convening again following the site inspection.  The LRB agreed that they would like to take this late representation into consideration and they also agreed to request from Planning appropriate conditions and reasons to attach to any consent if they were minded to approve the Planning Application at a future meeting.

 

Decision

 

The LRB agreed:-

 

1.        To hold an accompanied site inspection and to invite the Applicants, the Applicants’ Agent and Planning to this site inspection in order to view the amenity of the area and the setting of other nearby dwellings;

 

2.        To take into consideration the late representation from the Applicants’ Agent and to request from Planning clarification on the comment regarding an error in section (D) of the Report of Handling;

 

3.        To request from Planning appropriate conditions and reasons to attach to any consent if the LRB were minded to approve this Planning Application; and

 

4.        To adjourn the meeting and reconvene at the conclusion of the site inspection.

 

The meeting of the Argyll and Bute Local Review Body reconvened on Wednesday 26 June 2013 in the Council Chamber, Kilmory Lochgilphead at 11.15 am.

 

Present:          Councillor Mary Jean Devon (Chair)

                        Councillor Gordon Blair

                        Councillor Fred Hall

 

Attending:        Charles Reppke, Head of Governance and Law

                        Fiona McCallum, Committee Services Officer

                       

 

The Chair welcomed everyone to the meeting and advised that parties to the Review were not permitted to address the Local Review Body (LRB).  She advised that the only participants entitled to speak would be the Members of the LRB and Mr Reppke who would provide procedural advice if required.

 

The Chair referred to the earlier site inspection (note of site inspection attached as Appendix to this Minute) and asked the Panel what their feelings were following this site inspection.

 

Councillor Blair advised that he felt the proposed dwelling house would be sheltered by the trees but recognised that there were policy implications in respect of the case and sought advice from Mr Reppke.

 

Councillor Hall advised that he had noted that the issue regarding access to the site will be addressed and that he was satisfied that the Applicant and neighbour would reach a suitable arrangement for both of them.  Councillor Hall also sought advice on the policy implications.

 

The Chair advised that the LRB felt they would like to approve this application as the site would be secluded and would only come into view when travelling on the main roads for a short period of time and that other properties in the area were more prominent from the main road and would be visible for longer periods of time.

 

Mr Reppke confirmed that the issue regarding the access to the site was straightforward and was a technical matter that could be resolved.   However, he referred to policy STRAT DC 5 regarding development in sensitive countryside which stated that within ‘sensitive countryside’ encouragement shall only be given to small scale infill, rounding-off, re-development and change of use building development or to single dwellinghouses on bareland crofts.  In special cases, development in the open countryside and medium and large scale development may be supported if this accords with an Area Capacity Evaluation which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and that the development will entail or result in at least one of the following outcomes:- (1) a small scale housing development which accords with the Area Capacity Evaluation; (2) a positive development opportunity yielding significant countryside management or environmental enhancement benefit, or building retention or local community benefit or economic benefit; or (3) a development with a locational need to be on or in the near vicinity of the proposed site.  He advised that if Members were minded to approval this application then there were two options open to them.  Firstly they could look at providing justification for departing from the Development Plan or secondly they could look at the option of this being a ‘special case’ and requesting that an Area Capacity Evaluation be carried out on the land which would include the application site which they could then draw up a critique.  He advised that he was not clear at this stage whether or not a justification could be found for  ...  view the full minutes text for item 1.