Issue - meetings

Report by Executive Director with responsibility for Legal & Regulatory Support

The Head of Legal & Regulatory Support spoke to the terms of the report.  The Committee, at its meeting on 28 September 2022, considered a report of handling in respect of the above proposal.  The Members agreed, on behalf of the Council, as Planning Authority, to object to this proposal.  The matter is now subject to a Public Local Inquiry (PLI).  NPF4 was only available as a consultation draft and not in force at the time this matter was considered by the PPSL Committee in September 2022.  Scottish Ministers adopted and published NPF4 on 13 February 2023 meaning that it is now in force and National Planning Framework 3 and Scottish Planning Policy has been superseded from that date and time. The PLI will consider this matter in light of NPF4.  As Members were not in a position to consider NPF4 when forming their decision and, due to this material change in circumstances, it is considered appropriate to bring this matter back to Members for their consideration.

Decision

The Committee agreed to:

1.    note that NPF4 came into force on 13 February 2023;

2.    note that this is a material change in circumstances since Members made their decision in September 2022, and it was considered appropriate to bring this matter back to Members for their consideration;

3.    note that it is considered the application of NPF4, once assessed, may alter the Council’s prospects for success in the Public Local Inquiry; and

4.    request the Council’s Development Service to provide a report to the next meeting of the PPSL Committee.

(Reference: Report by Head of Legal & Regulatory Support dated February 2023, submitted)

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and referred to late objections submitted to this proposal including emails Councillor Julie McKenzie had received containing objections from Mr Jon Strickland and Ms Sue Rawcliffe which had been circulated to the Committee by Officers.  As of this morning 40 individual objections had been placed on the Energy Consents Unit site with no matters raised that had not already been addressed in the report.

In Scotland, any proposal to install and keep installed an overhead electric line, requires the consent of Scottish Ministers under Section 37 of the Electricity Act 1989.  Section 57(2) of the Town and Country Planning (Scotland) Act 1997 also allows the Scottish Ministers, on granting consent under Section 37, to direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

With reference to the assessment and summary of determining issues and material considerations of this proposal, detailed at Section P of the report of handling, it is considered that the proposal is in accordance with the overall Local Development Plan policies and objectives and it was recommended that no objection be raised to this Section 37 proposal.

Decision

The Committee agreed, on behalf of the Council, as Planning Authority, to object to this proposal for the following reasons and that the Scottish Government be notified accordingly and noted that this would instigate the requirement for a Public Local Inquiry:

The proposal will have adverse landscape and visual impacts (including cumulative) within an Area of Panoramic Quality, and in particular from the Duncan Ban Monument, and is therefore inconsistent with the provisions of: LDP DM1 – Development within the Development Management Zone; LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment; LDP 6 – Supporting the Sustainable Growth of Renewables; LDP 9 – Development Setting, Layout and Design; SG LDP ENV 13 – Development Impact on Areas of Panoramic Quality; and SG LDP ENV 16(a) – Development Impact on Listed Buildings; of the Argyll and Bute Local Development Plan.

(Reference: Report by Head of Development and Economic Growth dated 13 September 2022, submitted)