Issue - meetings

Report by Head of Planning and Regulatory Services

This application was continued from the PPSL Committee on 19 October 2011 in order to invite the Applicants to meet with Officers to establish whether the suggestion of a legal agreement between the Applicants and the Council could safeguard the positions of both parties and potentially enable the condition in question to be removed.  The Head of Planning and Regulatory Services provided a verbal update to Members on the contents of supplementary planning report number 2 which advised of the current position of the structural condition of the building and presented the conclusions of the review of the Applicant’s structural report by the Council’s Building Standards Manager and consultant engineers employed by the Council which had been referred to in supplementary planning report number 1.  He advised that the outcome of the review had resulted in a significant material change in circumstances and in view of ongoing safety concerns it was now recommended that the listed building consent condition at issue be removed in order to allow demolition to proceed before further deterioration in the structure presented an uncontrolled safety risk.   Legislation provides that in deleting a condition, there is opportunity to modify or add conditions arising as a consequence of that a deletion, so condition 3 of the original listed building consent has been amended to include the requirement for hoarding installation and retention.

Decision

Agreed that Listed Building Consent be granted subject to clearance being given by Historic Scotland prior to the decision being issued and to the following conditions and reasons:

1.             That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 20 of the Planning etc. (Scotland) Act 1997.

2.             Before the demolition hereby permitted is first commenced, the developer in consultation with the Planning Authority shall draw up a schedule of materials and items which shall be reclaimed from the site during or prior to demolition.  This shall include the reclamation of existing slate from the building. These materials and items shall be satisfactorily set aside, stored and/or used in a manner which shall first be agreed with by the Planning Authority, prior to any demolition taking place.

Reason: In order to protect and save materials and items which can reasonably be retrieved, in the interests of the historical and architectural qualities of the building to be demolished.

3.             Prior to the commencement of demolition, a scheme shall be submitted to and approved by the Council as Planning Authority for the temporary reinstatement of the cleared site.  The scheme shall include inter alia details of surface treatment, the treatment of newly exposed building gables, and the screening of the site by means of hoardings, including a timetable for the demolition and reinstatement. The development shall proceed in accordance with the duly agreed scheme and the timetable for its implementation. Hoardings required by virtue of this condition shall be of a material, height, location and colour and with any signage or graphics all being agreed in advance of demolition works being commenced, and these hoardings shall remain in place and shall be maintained free of advertisements, posters or graffiti following the completion of demolition operations, until such time as construction works are commenced on the redevelopment of the site.

Reason: To ensure that the cleared site does not compromise further the settings of the adjacent category B listed buildings and/or downgrade the environmental quality of the Special Built Environment Area of which it is a part.

4.             Prior to the commencement of demolition, a Demolition Method Statement shall be submitted to and approved in writing by the Planning Authority in consultation with, Historic Scotland and Transport Scotland.  The Demolition Method Statement address intentions in respect of:

·  Demolition Methodology - Type and sequence of demolition and site establishment;

·   Hazardous Materials - special arrangements required for the potential removal and disposal of any asbestos;

·  Notification of demolition to adjacent property owners and local residents;

·   Dust & Noise Reduction Strategy - steps to be taken to minimise the risk and nuisance to adjoining land, building or road users

·   Proximity to Other Structures - Trunk Road, Public Footpath, Public Right of Way (Pend), Access Rights of Adjacent Properties (Pend), Regent Hotel (Category B listed building), Oban Inn (Category B listed Building) and Charles Street (Category B listed buildings)

·  Traffic Management

Reason: To protect the structural integrity of the adjacent listed buildings, the character of the Special Built Environment Area, in the interests of Public Health and Safety and, to maintain the safe and free flow of traffic and pedestrians on the Trunk Road during demolition.

(Reference: Report by Head of Planning and Regulatory Services dated 1 October 2011 and Supplementary Report 1 dated 7 November 2011, submitted and Verbal Update on Supplementary Report 2.)

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services spoke to the terms of his report advising that the removal of condition 4 would not satisfy the requirements of development plan policies STRAT DC 9 or LP ENV 13(b) and associated government advice and recommended that Listed Building Consent be refused.

Decision

Agreed to continue consideration of this application to the next meeting to allow Planners to liaise with the Applicant, in consultation with Historic Scotland, to see if an appropriate  legal agreement could be negotiated as an alternative solution to assist the Applicant and which would satisfy the requirements of Historic Scotland.

(Reference: Report by Head of Planning and Regulatory Services dated 1 October 2011, submitted)