Agenda and minutes

Apologies for absence were received from Councillors Lorna Douglas, Audrey Forrest, Jean Moffat and Sandy Taylor.

There were no declarations of interest.

a)    The Minutes of the Planning, Protective Services Licensing Committee held on 18 November 2020 at 11.00 am were approved as a correct record.

 

b)    The Minutes of the Planning, Protective Services Licensing Committee held on 18 November 2020 at 2.00 pm were approved as a correct record.

 

c)    The Minutes of the Planning, Protective Services Licensing Committee held on 18 November 2020 at 2.30 pm were approved as a correct record.

 

d)    The Minutes of the Planning, Protective Services Licensing Committee held on 18 November 2020 at 3.00 pm were approved as a correct record.

 

e)    The Minutes of the Planning, Protective Services Licensing Committee held on 23 November 2020 were approved as a correct record.

 

f)       The Minutes of the Planning, Protective Services Licensing Committee held on 30 November 2020 were approved as a correct record.

Report by Head of Development and Economic Growth

The Area Team Leader spoke to the terms of the report.  Before presenting the application he referred to 2 late submissions: an email the Applicant sent direct to all Members of the Committee on 14 December 2020; and a letter dated 9 December 2020 from the Applicant’s Planning Consultant which had also been distributed to Members of the Committee. 

 

In terms of the adopted Argyll and Bute Local Development Plan (LDP) the application site is located within the southern fringe of the Key Rural Settlement of Arinagour where Policy LDP DM 1 gives encouragement to sustainable forms of development on appropriate sites subject to compliance with other relevant policies and supplementary guidance.  The proposed site is located on the seaward side of the road opposite, and to the east of, the neighbouring guesthouse Tigh Na Mara which occupies a site on the opposite side of the public road.  The stretch of land between the ferry terminal to the south and the small pier to the north on the seaward side of the road is rocky in nature and it is completely devoid of development.

 

The determining factors in the assessment of this application are whether or not this location is acceptable for the erection of a dwellinghouse having regard to its visual impact upon the landscape and its visual relationship with neighbouring properties and its integration with the existing settlement pattern.

 

In this case it is considered that development of this site would harmfully erode its open and rural character, contrary to the established pattern of development.  The undeveloped nature of the site makes a positive contribution to the village and its development with a dwellinghouse would result in the loss that characteristic and harm the visual amenity of the locality.

 

Having due regard to the Development Plan and all other material considerations, it was recommended that planning permission be refused for the reasons detailed in the report of handling.

 

Motion

 

To agree to refuse planning permission for the reasons detailed in the report of handling.

 

Moved by Councillor George Freeman, seconded by Councillor Richard Trail.

 

Amendment

 

Chair I move an Amendment to grant the application and in doing so I am taking a different view to that expressed by the Council’s Planning Officers.

 

While I fully respect the professional judgements advanced by them I believe, on this occasion, that I should follow my own opinion in regard to the weight of consideration to be given in balancing the various material planning considerations.

 

There are no objections from statutory consultees and no representations have been received from any party against the application.

 

In terms of the adopted Argyll and Bute Local Development Plan (LDP) the application site is located within the southern fringe of the Key Rural Settlement of Arinagour where Policy LDP DM 1 gives encouragement to sustainable forms of development on appropriate sites subject to compliance with other relevant policies and supplementary guidance.

 

I do not consider that the erection of this dwellinghouse will have a detrimental effect on the visual impact upon the landscape or its visual relationship to neighbouring properties.

 

Taking account of the appropriate scale and design of the proposal, I consider that the Proposed Development:

 

Complies with and is supported by Policy LDP DM 1, Policy LDP 8 and Supplementary Guidance SG LDP HOU 1; and complies with Policy LDP 9 and Supplementary Guidance SG LDP Sustainable - Sustainable Siting and Design Principles as well as other policies and guidance, including the Argyll and Bute Sustainable Design Guidance 1 - small scale housing development (2006), the Isle of Coll Sustainable Design Guidance and Planning Advice Note 72: Housing in the Countryside (PAN 72).

 

I move that the Committee approve the application and agree to remit determination of conditions and reasons to the Head of Development and Economic Growth in consultation with the Chair and Vice Chair of the Planning, Protective Services and Licensing Committee.

 

Moved by Councillor Roderick McCuish, seconded by Councillor Graeme Archibald Hardie.

 

A vote was taken by calling the roll.

 

Motion                                                Amendment

 

Councillor Colville                               Councillor Hardie

Councillor Devon                                Councillor McCuish

Councillor Freeman                            Councillor Redman

Councillor Green

Councillor Kinniburgh

Councillor MacMillan

Councillor Trail

 

The Motion was carried by 7 votes to 3 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to refuse planning permission for the following reason:

 

1.         In terms of the adopted Argyll and Bute Local Development (LDP) the application site is located within the Key Rural Settlement of Arinagour which is subject to the effect of Policy LDP DM 1 and Supplementary Guidance SG LDP HOU 1 which establish a general presumption in favour of housing development within settlements, provided such development is of a scale and form compatible with the surrounding area and does not result in inappropriate densities or the loss of valuable open areas, and is acceptable in terms of siting and compatibility with the established settlement pattern and landscape character.

 

Development of this site would erode the open and rural character of the rocky coastline, a key environmental feature, contrary to the established pattern of development which is characterised by an absence of built development on the seaward side of the public road south of the existing pier. The undeveloped nature of the site makes a positive contribution to the village and its development with a dwellinghouse would result in the loss of undeveloped land such that the characteristics and visual amenity of the locality would be materially harmed by the extent of built development.  The natural interplay between the rocks and rough grazing would be disrupted by an alien feature adversely affecting this area of common landscape character. The large property at Tigh Na Mara is a visual focal point when one approaches the village from the south whilst the largely undeveloped seaward side of the road provides clear open views across the coastal edge and across the bay to the north-east and east and this would be unacceptably compromised by the proposed development which would result in an inappropriately prominent and isolated  ...  view the full minutes text for item 4.

Report by Executive Director with responsibility for Development and Economic Growth

The Nature Conservation (Scotland) Act 2004 places a duty on all public bodies to further the conservation of biodiversity.  The Wildlife and Natural Environment (Scotland) Act 2011 requires the publication of a report, every three years, on how public bodies are meeting this duty.

 

Consideration was given to a report seeking Committee approval of the Scottish Government Biodiversity Duty Compliance Report (Argyll and Bute Council), for the period January 2018 – January 2021.  The report details the activities across the Council that support and conserve biodiversity and demonstrates the great variety and range of work being carried out.

 

Decision

 

The Committee agreed to:

 

1.    note achievements made across the Council to meet Argyll and Bute Council’s Biodiversity Duty under the Nature Conservation (Scotland) Act 2004 and the Wildlife and Natural Environment (Scotland) Act 2011; and

 

2.    approve the Scottish Government Biodiversity Duty Compliance Report 20018-21 (Argyll and Bute Council) for submission to Scottish Government and publication on the council’s website.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 6 November 2020 and Scottish Government: Biodiversity Duty Compliance Report (Argyll and Bute Council) 2018-2021, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report presenting to the Planning, Protective Services and Licensing Committee the Draft Service Plan 2021-22 for Development and Economic Growth was considered.

 

Decision

 

The Committee reviewed the Draft Service Plan 2021-22 (no finance) as presented prior to onward travel to the Policy and Resources Committee on 18 February 2021 and Full Council on 25 February 2021 for budget allocation.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 November 2020, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A paper presenting the Planning, Protective Services and Licensing Committee with the Development and Economic Growth Service (PPSL only) FQ2 2020021 (July – September) Performance Report and accompanying Scorecard was considered.

 

Decision

 

The Committee:

 

1.    reviewed the FQ2 2020/21 Performance Report as presented; and

 

2.    recorded their thanks and appreciation to all staff within the Development and Economic Growth Service for their hard work, particularly during these challenging times.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated November 2020, submitted)