Agenda and minutes
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APOLOGIES FOR ABSENCE Additional documents: Minutes: Apologies for absence were received from Councillors Daniel Hampsey and Dougie Philand. |
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DECLARATIONS OF INTEREST Additional documents: Minutes: There were no declarations of interest. |
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Additional documents:
Minutes: a) The Minute of the Planning, Protective Services and Licensing Committee held on 17 June 2024 was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2024 at 11.00 am was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2024 at 2.00 pm was approved as a correct record. d) The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2024 at 3.00 pm was approved as a correct record. e) The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2024 at 4.00 pm was approved as a correct record. f) The Minute of the Planning, Protective Services and Licensing Committee held on 26 June 2024 was approved as a correct record. g) The Minute of the Planning, Protective Services and Licensing Committee held on 6 August 2024 at 10.00 am was approved as a correct record. h) The Minute of the Planning, Protective Services and Licensing Committee held on 6 August 2024 at 11.00 am was approved as a correct record. i) The Minute of the Planning, Protective Services and Licensing Committee held on 6 August 2024 at 2.00 pm was approved as a correct record. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Planning Officer spoke to the terms of the report. This application site lies within an area identified as ‘Countryside Area’ where Policy 02 of LDP2 gives a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2. The site lies within a designated Local Landscape Area (formerly Area of Panoramic Quality) where LDP2 seeks to promote a flexible approach to small scale development in the Countryside through Policies 02 and 71. A total of 44 objections and 6 expressions of support have been received in respect of this application. There have been no objections received from statutory consultees. The main concerns raised by objectors relate to biodiversity, water and drainage, noise and light emanating from the site and construction vehicles entering the site. It is the opinion of Planning Officers that a suite of safeguarding conditions can address these concerns raised. It is not considered that the objections raise any complex or technical issues that have not been addressed in the report of handling and it is not considered that a discretionary hearing would add value to the planning process. The proposed development is considered to be consistent with the provisions of both the adopted National and Local Policy and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 25.10.2021; supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.
Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2.
PP –
Vehicular Access No development shall commence until plans and particulars of the means of vehicular access to serve the development have been submitted to and approved by the Planning Authority in consultation with the Roads Authority. Such details shall incorporate: i)
Details of upgrades to the existing private
access track (within ownership control of the applicant) with intervisible passing places required at
intervals of no more than 150m.Track width to be a minimum of 3.7m. Level 2m
verge/step off on one side of track required; ii)
Total
length of unpaved access track (within ownership control of the applicant)
surface requires upgrade including grading/leveling of surface, voids,
potholes, rutting to be filled, levelled and compacted, using bituminous bound
material and regularly maintained as required; iii)
Details
of parking and turning for two vehicles for each of the proposed self catering
units; parking and turning for three vehicles for the farmhouse and 2 for the
barn conversion: iv)
Details
of a turning head to Figure 18 of the Roads Development Guide to be provided
within the farm yard area The upgrades to the existing private access track (within ownership control of the applicant) shall be completed prior to the development first being brought into use. Reason: In the interests of road safety. 3.
PP –
Surface Water Drainage – Further detail required Notwithstanding the provisions of Condition 1, no development shall commence until details of the intended means of surface water drainage to serve the development have been submitted to and approved in writing by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development and maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note
to Applicant: Regard
should be had to SEPA’s consultation comments in relation to the proposed
development. 4.
PP –
Landscaping Scheme and Biodiversity Enhancement Measures No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; ii) Existing landscaping features and vegetation to be retained; Details shall include tree protection measures to ensure that the trees which are located along the boundary of the eastern side of plot 7 are retained and maintained in perpetuity. iii) Location design and materials of proposed walls, fences and gates; iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v) A programme for the timing, method of implementation, completion and subsequent on-going maintenance; vi) A biodiversity statement demonstrating how the proposal will contribute ... view the full minutes text for item 4. |
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Councillor Mark Irvine left the meeting during consideration of the foregoing item. |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: 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) |
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Councillors John Armour and Audrey Forrest returned to the meeting. |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: The Planning Officer spoke to the terms of the report. This application was presented to the PPSL Committee on 22 May 2024 and the Committee agreed to request from Planning Officers information on what impact this proposed development would have on access to, and operation of, the remaining agricultural land in terms of Police 83 of LDP2 – Safeguarding Agricultural and Croft Land. Planning Officers have sought further information from both the Applicant and the tenant farmer and a request was made to continue consideration of the application to the PPSL Committee meeting on 18 September 2024 to allow for the requested information to be prepared. Decision The Committee agreed to note the content of the report and continue consideration of the application to the meeting of the PPSL Committee on 18 September 2024 to allow for the requested information to be prepared. (Reference: Report by Head of Development and Economic Growth dated 8 May 2024, supplementary report number 21 May 2024, supplementary report number 2 dated 10 June 2024 and supplementary report number 3 dated 12 August 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Area Team Leader spoke to the terms of the report. Before proceeding with the presentation he pointed out a couple of minor errors in the report which did not have a material bearing on the recommendation before Members. The first being at section A(1) – he confirmed that it was a change of use from Church Class 10 to Dwellinghouse Class 9, and not Class 4. The second being at Section 7 of Appendix A – reference is made to a private treatment plant. It was confirmed it was a private sewage pump. The intention of the Applicant was to connect to Scottish Water’s waste water treatment works.
A Listed Building Consent Application reference no 23/01369/LIB) has been submitted in association with this planning application and a separate report is also before Members. The listed building application considers in greater detail the physical alterations proposed to the listed Parish Church and Churchyard wall. In terms of the Local Development Plan 2 (LDP2) the site’s location straddles Kilmichael/Bridgend village within a Settlement Area and Countryside Area. Officers are of the view that the physical alterations to the listed building and listed wall would preserve the special interest of both listed structures. However, Officers consider that the adjoining graveyard forms a key part of the setting of the Listed Parish Church, making a significant and positive contribution to its sense of place, understanding, experience and appreciation. It is considered that the proposed change of use of the church to a residential dwelling would significantly alter the relationship the Parish Church would have with its graveyard, to the extent that the proposed development would have an adverse impact on the setting of the listed building. Officers are also of the view that the proximity of the proposed dwelling to an existing publicly accessible graveyard are land uses that would be incompatible with one another, with resultant harm to the privacy of future occupants of the proposed dwelling, and the privacy and quiet use of the graveyard by the public. It is acknowledged that a number of representations, both in support and in objection, have been received in response to this proposal. However, this is a local application that conflicts with the Development Plan and it is considered that the proposal does not raise complex or novel issues that require discussion by way of a hearing. As such, it is considered unlikely that a pre-determination hearing would add value to the decision making process. It was recommended that planning permission be refused for the reasons detailed in the report Decision The Committee agreed to refuse planning permission for the following reasons: 1. Kilmichael Glassary Parish Church is a Category B Listed Building and its associated adjoining graveyard forms part a key part of its setting, making a significant and positive contribution to its sense of place, understanding, experience and appreciation. The proposed change of use of the former parish church to a residential dwelling would significantly alter the relationship the Category B Listed Building Parish Church would have with its associated graveyard, to the extent that the proposed development would have an unacceptable adverse impact on the setting of the listed building. 2. The operational graveyard adjoining the proposed dwelling is accessible to the public and attracts visitors who would have a reasonable expectation to move freely around the public space at any time during night and day. Noting the proximity of the graveyard to the proposed dwelling, it is considered that the privacy of future occupants of the dwelling would be unacceptably harmed In addition, by nature of the change of use proposed, future occupants of the proposed dwelling would overlook the adjoining graveyard, and likely generate noise and disturbance within close proximity of the graveyard. The loss of privacy, and high likelihood of noise and disturbance would have a materially harmful impact on the general public using this space, who would have a reasonable expectation of the operational graveyard being a quiet and private place for reflection and contemplation As such, it is considered that the proposed residential conversion of the vacant church would be incompatible with the existing adjoining use of an open and operational graveyard, with reference to the resultant identified harm to the amenity of future residents and users of the publically accessible graveyard. As such, the proposal would be contrary to LDP2 policies 01, 05, 08,14, 66c) and NPF4 Policy 14c). 3. With reference to comments received from the West of Scotland Archaeology Service, the site has a long history and, if confirmed, the presence of highly significant buried remains could result for a recommendation of refusal. It is noted that excavation works to install infrastructure required to facilitate the proposed change of use would be within the graveyard. In the absence of any archaeological evaluation works undertaken prior to the determination of the planning application, there is significant uncertainty regarding the effect of the proposal in archaeological terms. Therefore the proposed development is considered to be contrary with NPF4 Policy, 7(o) and ABC LDP2 Policy 21, Sites of Archaeological Importance. (Reference: Report by Head of Development and Economic Growth dated 7 August 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Area Team Leader spoke to the terms of the report. Listed building consent is sought for a
number of external and internal alterations to Kilmichael
Glassary Parish Church (Category B Listed) and
Churchyard Wall (also Category B Listed) as part of the conversion of the
church to a dwellinghouse. While the proposed change of land use to a dwellinghouse requires
planning permission, it does not require listed building consent. As such, the assessment of the proposed
change of land use is contained with the report of handling for planning
application reference 23/01367/PP which was also before Members today. It is noted that a significant proportion of the representations
received in response to this listed building application raise points more
relevant to the accompanying planning application rather than this proposal. This application for listed building consent relates solely to the
physical changes proposed to the Church and Churchyard wall. For the reasons set out in Appendix A of the
report, it is considered the physical alterations proposed to both the listed
Churchyard Wall and Parish Church building would preserve the special interest
of both listed building/structures and its setting. On this basis, subject to conditions, Officers consider that the
proposal would meet the requirements of Section 14 of the Act and relevant
policies and it was recommended that listed building consent be granted for the
proposed alterations. Decision The Committee agreed to grant listed building consent subject to the
following conditions and reasons and agreed to delegate authority to Officers
to include an additional condition (no 3) to ensure access to the churchyard
was maintained for the public during the construction process: Standard
Time Limit Condition (as defined by Regulation) Additional Conditions 1.
LIB -
Approved Details & Standard Notes – Non EIA Development The development
shall be implemented in accordance with the details specified on the
application form dated 13.07.2024, supporting information, and the approved
drawings listed in the table below.
Reason: For the purpose of clarity, to ensure that the development is
implemented in accordance with the approved details. Note to Applicant: This consent will last only for three years from the date of this
decision notice, unless the development has been started within that period
[See section 16 of the Planning (Listed Building and Conservation Areas)
(Scotland) Act 1997 (as amended).] 2.
The proposed works shall not commence until a
detailed scheme to demonstrate how the existing pulpit and pews are to be
incorporated into the proposal has been submitted to and approved in writing by
the Planning Authority. Thereafter the
proposal shall be completed in accordance with the approved details. Reason: In order to
safeguard the special interest of the Category B Listed Parish Church. (Reference: Report by Head of Development and
Economic Growth dated 7 August 2024, submitted) |
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The Chair ruled, and the Committee agreed, to take a 15 minute break at this point. The Committee reconvened at 1.35 pm with all Members present as per the sederunt with the exception of Councillor Mark Irvine. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. Three separate Proposal of Application Notices (PANs) have been submitted for future development at Dunbeg. All of the PANs relate to the next phases of development for residential, commercial, community facilities and roads infrastructure associated with the approved Masterplan (reference 16/03368/MPLAN) and LDP2 Allocations and Objectives. This PAN seeks to include all proposed development associated with the future development of Dunbeg (Phase 4). The wider site is a mixture of primarily south facing hillside and outcrops, undulating land and lower flat land nearer the A85 which has some deep peat deposits within it, particularly in respect of the area of land identified for the commercial use and access road next to the proposed “halfway” roundabout. The area is also subject to flooding. The site is bisected by National cycle route C198 between Ganavan and Dunbeg and there are many informal paths on the northern parts of the site on the hillsides which are used for recreational purposes by residents and visitors. Core Path C163 also traverses the northern edge of the larger site. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matter be given consideration in finalising any future planning application submission – · Opportunities for allowing access to commercial areas via sustainable public transport and minimising use of cars would be welcome. (Reference: Report by Head of Development and Economic Growth dated 21 August 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. This Proposal of Application Notice (PAN) relates primarily to intended future residential development, associated community facilities, and other necessary infrastructure and restoration/landscaping works. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matter be given consideration in finalising any future planning application submission – · Opportunities for allowing access to commercial areas via sustainable public transport and minimising use of cars would be welcome. (Reference: Report by Head of Development and Economic Growth dated 21 August 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. This Proposal of Application Notice (PAN) relates primarily to intended future mixed commercial development and other necessary infrastructure and restoration/landscaping works. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matter be given consideration in finalising any future planning application submission – · Opportunities for allowing access to commercial areas via sustainable public transport and minimising use of cars would be welcome. (Reference: Report by Head of Development and Economic Growth dated 21 August 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. The proposed site is located on open farmland set on the western edge of the village of Cardross, to the south of the main A814 road. In terms of the adopted Local Development Plan 2 (2024), the site is located within the designated Helensburgh and Lomond green belt and in terms of spatial strategy, is within the Helensburgh and Lomond Growth area. The proposed site bounds the Cardross settlement area to the east. The site itself if not subject to any additional constraints, although the woodland area to the immediate east of the site, Geilston Burn, is a designated SSSI (Site of Special Scientific Interest) and an area of ancient woodland. The report sets out the
information submitted to date as part of the Proposal of Application Notice
(PAN) and summarises the policy considerations, against which any future
planning application will be considered as well as potential material
considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matters be given consideration in finalising any future planning application submission – · Land prone to flooding. Demonstrate through not just the production of surface water drainage and attenuation for land being built on but also for land elsewhere to prevent flooding to neighbouring properties and land eg railway line. · Capacity of Scottish Water infrastructure to cope with additional connections to sewage treatment works. · Capacity of local primary school. · Consider housing needs of area itself in terms of size of houses. · Consider more than 25% affordable housing. · Capacity of road through the village of Cardross to accommodate additional traffic and construction traffic. (Reference: Report by Head of Development and Economic Growth dated 1 August 2024, submitted) |
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Councillor Peter Wallace left during consideration of the foregoing item. |
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DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ1 2024/25 Report by Executive Director with responsibility for Development and Economic Growth Additional documents: Minutes: A report providing an update on the performance of the Development Management Service for the reporting period FA1 2024/25 was considered. Decision The Committee considered and noted the content of the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 1 August 2024, submitted) |
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UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISIONS Report by Head of Development and Economic Growth Additional documents:
Minutes: A report summarising a recent decision by Scottish Ministers in relation to a Local Review Board appeal decision (reference 23/0003/LRB) which was called in for Ministers determination was before the Committee for information. Decision The Committee noted the content of the report. (Reference: Report by Head of Development and Economic Growth dated 21 August 2024, submitted) |