Issue - meetings

Report by Head of Development and Economic Growth

This application was considered at a discretionary hearing on 17 June 2024 where the Committee agreed to continue consideration to allow Members to seek advice of Officers on the preparation of a competent Motion.

 

It was noted that only those Members present today that attended the discretionary hearing could take part in the determination of the application.

 

Councillors John Armour and Audrey Forrest left the meeting at this point.

 

Motion

 

To agree that the AMSC permission be approved as per Officer recommendation within the main report, with the minor correction that the referenced drainage strategy within the approved supporting documents is amended to the Issue 5 drainage strategy submission dated 10.6.24.

 

Moved by Councillor Gordon Blair, seconded by Councillor Liz McCabe.

 

Amendment

 

The Planning, Protective Services and Licensing Committee;

 

·       Notes that satisfactory operation of the proposed drainage scheme relies on attenuation provided by an existing pond located on third party land to the south-west of the application site.

 

·       Considers the pond is an integral component of the overall drainage solution for the site as water discharged from the development will pass through this existing water feature prior to entering the Geilston Burn.

 

·       Recognises that the developer has put forward a competent Surface Water Drainage (SuDS) Scheme, as required by condition 12, but further notes that the proposal also includes for the redirection and the discharge of unattenuated surface water flow from the existing housing development at Kilmahew Avenue, Grove and Court into this pond that will increase flows into the pond.

 

·       Finds that insufficient technical details have been submitted to confirm the attenuation properties of the pond and its capacity to accommodate the additional surface water discharge.

 

·       Finds that insufficient technical details have been submitted to demonstrate that the proposed drainage scheme will not give rise to unacceptable harm through flooding to the residential property known as ‘The Glen’ should the combined discharges lead to the pond overtopping its sidewalls.

 

·       Therefore finds that condition 11 has not been satisfied, and consequently refuses the Approval of Matters the subject of Conditions (AMSC) permission.

 

Moved by Councillor Kieron Green, seconded by Councillor Paul Kennedy.

 

A vote was taken by calling the roll.

 

Motion                               Amendment

 

Councillor Blair                  Councillor Brown

Councillor Kain                  Councillor Green

Councillor McCabe            Councillor Hardie

Councillor Wallace             Councillor Howard

                                         Councillor Kennedy

 

The Amendment was carried by 5 votes to 4 and the Committee resolved accordingly.

 

Decision

 

The Planning, Protective Services and Licensing Committee;

 

·       Noted that satisfactory operation of the proposed drainage scheme relied on attenuation provided by an existing pond located on third party land to the south-west of the application site.

 

·       Considered the pond was an integral component of the overall drainage solution for the site as water discharged from the development would pass through this existing water feature prior to entering the Geilston Burn.

 

·       Recognised that the developer had put forward a competent Surface Water Drainage (SuDS) Scheme, as required by condition 12, but further noted that the proposal also included for the redirection and the discharge of unattenuated surface water flow from the existing housing development at Kilmahew Avenue, Grove and Court into this pond that would increase flows into the pond.

 

·       Found that insufficient technical details had been submitted to confirm the attenuation properties of the pond and its capacity to accommodate the additional surface water discharge.

 

·       Found that insufficient technical details had been submitted to demonstrate that the proposed drainage scheme would not give rise to unacceptable harm through flooding to the residential property known as ‘The Glen’ should the combined discharges lead to the pond overtopping its sidewalls.

 

·       Therefore found that condition 11 had not been satisfied, and consequently refused the Approval of Matters the subject of Conditions (AMSC) permission.

 

(Reference: Report by Head of Development and Economic Growth dated 7 March 2024 and supplementary report number 1 dated 13 June 2024, submitted)