Agenda and minutes

Apologies for absence were received from Councillors Gordon Blair, Graham Archibald Hardie and Mark Irvine.

Councillor Paul Kennedy declared a financial interest in Agenda Item 4 (Civic Government (Scotland) Act 1982: Taxi Fare Scale Review) as he held a Taxi Car Licence for the Helensburgh and Lomond Area.  He left the meeting and took no part in the determination of this report.

 

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 May 2023 at 10.30 am was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 May 2023 at 2.00 pm was approved as a correct record.

 

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 May 2023 at 2.30 pm was approved as a correct record.

Having declared an interest in the following item, Councillor Paul Kennedy left the meeting at this point.

Report by Executive Director with responsibility for Legal and Regulatory Support

In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority requires to fix maximum fares and other charges in connection with the hire of taxis operating in their area and to review the scales for taxi fares and other charges on a regular basis.  The new fare structure requires to come into force by 22 October 2023.  The fares were last reviewed by Members on 19 January 2022 and took effect on 22 April 2022. 

 

Consideration was given to a report advising the Committee they were now required to carry out a further review of taxi fares and other charges.

 

Decision

 

The Committee agreed:

 

1.    To propose that there be no change to the existing scales and that this take effect from 22 October 2023;

 

2.    To authorise the Head of Legal and Regulatory Support to advertise this proposal and to invite any responses within one month of the advertisement and report back to Members at their meeting on 23 August 2023; and

 

3.    Should no objections or representations be received in relation to the proposal, to delegate to the Head of Legal and Regulatory Support, in consultation with the Chair of the PPSL Committee to conclude the review without the requirement for the Committee to consider a further report.

 

(Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 21 June 2023, submitted)

Councillor Kennedy returned to the meeting.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

The Planning Officer also referred to 3 late representations sent directly to the PPSL Committee from Mr Flint, Mr Short, and Mr and Mrs Manson.  The submissions were reviewed by Officers and it was considered that they did not raise any issues not already addressed in the reports.  A further representation was also received from Councillor Julie McKenzie, on behalf on an unnamed constituent, querying the validity of the ecological assessment submitted with the application which, it was claimed, should be no older than 18 months.  Referring to the ecological survey which was dated September 2021 and the tree survey dated October 2021, it was considered by Officers that there was no requirement for updated surveys to be carried out.  There was no objection from the Council’s Biodiversity Officer and it was not considered that any biodiversity issues affecting the site had changed since the surveys were produced.

 

The application seeks to secure planning permission for the change of use of land to allow it to be utilised as a small scale holiday development comprising 10 pods.  In terms of the Settlement Strategy set out in the adopted Local Development Plan (LDP), the application site is situated within the defined Minor Settlement of Portsonachan where Policies LDP STRAT 1 and LDP DM 1 give general encouragement to small scale development on appropriate sites.  The proposed development benefits from direct policy support from both National and Local Policy (NPF4 Policy 30 and LDP Policy LDP 5, SG LDP TOUR 1 and SG LDP TOUR 3) which recognise that tourism is a sustainable industry and has the potential to add value to the economy of Argyll.

 

Issues raised by third parties have all been assessed and in this instance it is not considered by Planning Officers that the objections raise any complex or technical issues that have not been addressed in the report.

 

In this instance the proposed development is considered to be wholly consistent with, and actively supported by, the provisions of the adopted National Policy as underpinned by the LDP 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:

 

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 25/03/22, 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Proposed Site Layout and Landscaping Plan	1538/07	D	23/06/22
Existing Site Layout Plan	1538/08	A	23/06/22
Site Location Plan	1538/09	B	23/06/22
Section A – Existing and Proposed Topography	1538/10	A	28/03/22
Section B – Existing and Proposed Topography	1538/10	B	28/03/22
Key Plan & Elevations	22-0000-001	A	23/06/22
Biodiversity Enhancement Plan – 26 PAGES			11/05/23
Civil/Structural Site Constraints Report Part 1 of 3 – 151 PAGES			23/06/22
Civil/Structural Site Constraints Report Part 2 of 3 – 30 PAGES			23/06/22
Civil/Structural Site Constraints Report Part 3 of 3 – 22 PAGES			23/06/22
Design and Access Statement Part 1 of 2 – 13 PAGES			23/06/22
Design and Access Statement Part 2 of 2 – 12 PAGES			23/06/22
Drainage Details – Greenfield and Storage Calculations			08/02/23
Drainage Details – 30 Year Storage Calculations – 4 PAGES			08/02/23
Ecological Assessment – 34 PAGES			28/03/22
Proposed Drainage Strategy	HDM-BLY-XX-XX-SK-C-96		08/02/23
Proposed Parking and Entrance Road	HDM-BLY-XX-XX-SK-C-95003	F	27/07/22
High Level Landscape and Visual Appraisal Part 1 of 2 – 17 PAGES			23/06/22
High Level Landscape and Visual Appraisal Part 2 of 2 – 20 PAGES			23/06/22
Lodge Specification – 2 PAGES			28/03/22
Noise Management Plan – 3 PAGES			06/03/23
NPF4 Statement May ’23 – 11 PAGES
Planning Statement – 49 PAGES			28/03/22
Planting Notes & Landscape Maintenance and Management Proposals – 13 PAGES			28/03/22
Tree Survey and Arboricultural Constraints – 16 PAGES			28/03/22
Vehicle Trip Briefing Note – 6 PAGES

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    Vehicular Access

 

Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a and shall include visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

Note to Applicant

 

·         A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.

 

·         The access shall be constructed and drained to ensure that no surface  ...  view the full minutes text for item 5.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

Retrospective planning permission is sought for works that have been carried out within the curtilage of No. 3 Academy Terrace, Rothesay, Isle of Bute.  Academy Terrace is a Category C Listed Building.  Development Plan Policies and Supplementary Guidance and Historic Environment Scotland’s publications seek to ensure that developments affecting the setting of a Listed Building should preserve its character, and its special architectural or historic interest.

 

The application has elicited 4 objections from neighbouring properties.

 

It is considered that the application is contrary to the relevant Policies and Supplementary Guidance contained in National Planning Framework 4 and the Argyll and Bute Local Development Plan 2015, and the guidance provided by Historic Environment Scotland in its “Managing Change in the Historic Environment Setting”. 

 

It was recommended that planning permission be refused for the reasons detailed in the report of handling.

 

Decision

 

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

 

1.    Academy Terrace is a Category C Listed Building in Rothesay that is a symmetrical gabled terrace set on a sloping site comprising six, two and three-storey, 2-bay dwellinghouses.

 

Academy Road looks on to the building’s rear elevation and there is a set of steps that runs centrally through the back gardens down to the property. Two footpaths branch off diagonally from the steps to either end of the building.

 

The decking and fencing that have been erected within the rear garden area of No. 3 have a significantly adverse impact on the setting of Academy Terrace by virtue of their relatively close proximity to the main building; their central position in relation to the south western facade of the main building; and their substantial vertical and horizontal scale. These result in the diminution in one of the key views towards the building from Academy Road and the visual intrusion into the relatively open and undeveloped character of the rear garden areas.

 

The front elevation of Academy Terrace faces in a north easterly direction towards the water and it occupies an elevated position above Argyle Street approximately 70 metres from the rear of the buildings at street level. Pedestrian access from Argyle Street (which was already relatively steep) looks to have diminished considerably over the years, with the path and set of steps becoming overgrown.

 

The fencing that has been erected around part of the north-eastern curtilage of No. 3 is considered to be unacceptable as it has a significantly adverse impact on the setting of Academy Terrace by virtue of its solid form and appearance that detracts from one of the key characteristics of the property, which is the relatively open nature of its front garden areas.

 

In view of the foregoing, the application is considered to be contrary to the provisions of the following:

 

National Planning Framework 4 (2023)

 

NPF4 Policy 7 – Historic Assets and Places

 

NPF4 Policy 14 – Design, Quality and Place

 

NPF 4 Policy 16 – Quality Homes

 

Argyll and Bute Local Plan 2015

 

Policy LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment

 

Policy LDP 9 – Development Setting, Layout and Design

 

Supplementary Guidance policy SG LDP ENV 16(a) – Development Impact on Listed Buildings

 

Supplementary Guidance policy SG LDP Sustainable Siting and Design Principles

 

Historic Environment Scotland Published Guidance

 

‘Managing Change in the Historic Environment: Setting’ (2020)

 

2.    The decking that has been erected is 3 metres closer to the building than the patio area that has been in existence for some time. The decking detracts from the privacy and amenity of No. 2 Academy Terrace to a significantly adverse degree as it constitutes an elevated external living space in association with No. 3 Academy Terrace that would allow the congregation of people for prolonged periods with a relatively direct view into the ground floor kitchen window and the upper floor bedroom window of the neighbouring dwellinghouse at a distance of approximately 5 metres.

 

In view of the foregoing, the application is considered to be contrary to the provisions of the following:

 

National Planning Framework 4 (2023)

 

NPF 4 Policy 16 – Quality Homes

 

Argyll and Bute Local Plan 2015

 

Policy LDP 9 – Development Setting, Layout and Design

 

Supplementary Guidance policy SG LDP Sustainable Siting and Design Principles

 

(Reference: Report by Head of Development and Economic Growth dated 6 June 2023 and supplementary report number 1 dated 19 June 2023, submitted)

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that a holding objection by SEPA in respect of proposals had now been withdrawn subject to the imposition of new condition to replace condition 7 detailed in the main report of handling.  The supplementary report also advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

The proposal is for the erection of a 275kV substation as part of a number of infrastructure proposals to “maintain an efficient, coordinate and economical electrical transmission system” and is required to allow connection for renewable energy in the area across the wider electricity network.

 

It is considered that the proposal would accord with the principles and policies contained within the Local Development Plan and National Planning Framework 4 and is acceptable in terms of all other applicable material considerations.

 

It was recommended that planning permission be granted subject to the revised conditions and reasons listed in Appendix 1 of supplementary report number 1.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 23.11.22; the Environmental Appraisal (November 2022), 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site Location Plan	A01	A01	23.12.22
Figure 1.1 Red Line Boundary 1:20000	A01	A01	23.12.22
Site Layout Plan	4534c-DR-P-0017	Rev.5	26.05.23
Substation Compound Layout and Electrical Section Locations	4534c-DR-P-0004	Rev.3	23.12.22
Proposed Site Access Profiles	4534c-DR-P-0021		06.12.22
Proposed Site Profiles	4534c-DR-P-0018	Rev.1	06.12.22
Site Access Details	4534c-DR-P-0008	Rev.1	24.11.22
Typical Access Track Sections – Sheet 1	4534c-DR-P-0007	Rev.2	24.11.22
Typical Access Track Sections – Sheet 2	4534c-DR-P-0012	Rev.2	24.11.22
Typical Deer Fence and Gate	4534c-DR-P-0016		24.11.22
2.5m High Security Palisade Fencing Details	CE/34/2015	Rev.E
Electrical Layout Elevations 01	4534c-DR-P-0011	Rev.1	24.11.22
Generator Building Elevations	4534c-DR-P-0009	Rev.2	24.11.22
Substation Building Elevations	4534c-DR-P-0006	Rev.2	24
Substation Building Layout	4534c-DR-P-0005	Rev.1	24.11.22
Transformer Building Elevations	4534c-DR-P-0019	Rev.1	24.11.22
Transformer Building Layout	4534c-DR-P-0020	Rev.1	24.11.22
Septic Tank and Private Water Supply Location	A01( Dated 16.12.22)	A0!	23.12.22

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    No construction works shall be commenced until a Finalised Construction Environmental Management Document [CEMD] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMD unless otherwise agreed in writing by the Planning Authority. The CEMD shall include:

 

a)    An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent;

b)    Processes to control/ action changes from the agreed SM;

c)    Construction Environmental Management Plans (CEMPs) for the construction phase covering:

 

i)             Habitat and species protection, including ECoW Details, surveys and species protection plans;

ii)            Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9);

iii)           Pollution prevention and control;

iv)           Dust management, including construction activity and vehicle movements;

v)            Construction noise and vibration

vi)           Temporary site lighting;

vii)         Watercourse crossings;

viii)        Site waste management

ix)           Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring;

x)            Mapping of borrow pits and associated habitats identified for restoration;

xi)           Invasive Non-Native Species Management Plan

xii)         Emergency Response Plans;

xiii)        Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and

xiv)        Other relevant environmental management as may be relevant to the development

 

d)    A statement of responsibility to ‘stop the job/ activity’ if a breach or potential breach of mitigation or legislation occurs; and

e)    Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties.

 

Reason: To ensure protection of surrounding environmental interests and general amenity.

 

3.    No development shall commence until a Construction Traffic Management Plan (CTMP) and Phased Delivery Plan have been prepared and approved in writing by the Planning Authority and Transport Scotland as the trunk roads Authority. The Plan shall include details of:

 

a)    Approved access routes,

b)    Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage);

c)    The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.

d)    Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management).

 

The development shall be implemented in accordance with the duly approved Traffic Management Plan

 

Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network.

 

4.    No development or ground breaking works shall commence until a programme of archaeological works in accordance with a written scheme of investigation, has been submitted to and approved in writing by the Planning Authority in  ...  view the full minutes text for item 7.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that a holding objection by SEPA in respect of proposals had now been withdrawn subject to the imposition of new condition to replace condition 7 detailed in the main report of handling.  The supplementary report also advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2.

 

The proposal is for the erection of a 275kV substation as part of a number of infrastructure proposals to “maintain an efficient, coordinate and economical electrical transmission system” and is required to allow connection for renewable energy in the area across the wider electricity network.

 

It is considered that the proposal would accord with the principles and policies contained within the Local Development Plan and National Planning Framework 4 and is acceptable in terms of all other applicable material considerations.

 

It was recommended that planning permission be granted subject to the revised conditions and reasons listed in Appendix 1 of supplementary report number 1.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 14.12.22; the Environmental Appraisal (December 2022), 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site Location Plan 1:75000	A01	A01	19.12.22
Site Location Plan 1:25000	A01	A01	19.12.22
Site Layout Plan	4534b-DR-P-0017	Rev.7	26.05.23
Substation Compound Layout and Electrical Section Locations	4534b-DR-P-0004	Rev.3	16.01.23
Proposed Site Access Profiles	4534b-DR-P-0021	-	19.12.22
Proposed Site Profiles	4534b-DR-P-0018	Rev.2	19.12.22
Site Access Details	4534b-DR-P-0008	Rev.1	19.12.22
Typical Access Track Sections – Sheet 1	4534b-DR-P-0007	Rev.2	19.12.22
Typical Access Track Sections – Sheet 2	4534b-DR-P-0012	Rev.2	19.12.22
2.5m High Security Palisade Fencing Details	CE/34/2015	Rev. E	19.12.22
Electrical Layout Elevations 01	4534b-DR-P-0011	Rev.1	19.12.22
Electrical layout Elevations 02	4534b-DR-P-0014	Rev.2	19.12.22
Electrical Layout Elevations 03	4534b-DR-P-0015	Rev.1	19.12.22
Generator Building Elevations	4534b-DR-P-0009	Rev.2	19.12.22
Substation Building Elevations	4534b-DR-P-0006	Rev.2	19.12.22
Substation Building Layout	4534b-DR-P-0005	Rev.1	19.12.22
Transformer Building Elevations	4534b-DR-P-0019	-	19.12.22
Transformer Building Layout	4534b-DR-P-0020	-	19.12.22
Switch Room Elevations	4534b-DR-P-0013		19.12.22
Switch Room Floor Plans	4534b-DR-P-0010	Rev.1	19.12.22
Septic Tank and Private Water Supply Location (15.12.22)	A01	A01	08.02.23

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    No construction works shall be commenced until a Finalised Construction Environmental Management Plan [CEMP] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. The CEMP shall include:

 

a)    An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent;

b)    Processes to control/ action changes from the agreed SM;

c)    Construction Environmental Management Plans (CEMPs) for the construction phase covering:

 

i)             Habitat and species protection, including ECoW Details, surveys and species protection plans;

ii)            Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9);

iii)           Pollution prevention and control;

iv)           Dust management, including construction activity and vehicle movements;

v)            Construction noise and vibration

vi)           Temporary site lighting;

vii)         Watercourse crossings;

viii)        Site waste management

ix)           Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring;

x)            Mapping of borrow pits and associated habitats identified for restoration;

xi)           Invasive Non-Native Species Management Plan

xii)         Emergency Response Plans;

xiii)        Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and

xiv)        Other relevant environmental management as may be relevant to the development

 

d)    A statement of responsibility to ‘stop the job/ activity’ if a breach or potential breach of mitigation or legislation occurs; and

e)    Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties.

 

Reason: To ensure protection of surrounding environmental interests and general amenity.

 

3.    No development shall commence until a Construction Traffic Management Plan (CTMP) and Phased Delivery Plan have been prepared and approved in writing by the Planning Authority and Transport Scotland as the trunk roads Authority. The Plan shall include details of:

 

a)    Approved access routes,

b)    Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage);

c)    The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.

d)    Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management).

 

The development shall be implemented in accordance with the duly approved Traffic Management Plan

 

Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network.

 

4.    No development or ground breaking works shall commence until a programme of archaeological works in  ...  view the full minutes text for item 8.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that a holding objection by SEPA in respect of proposals had now been withdrawn subject to the imposition of new condition to replace condition 7 detailed in the main report of handling.  The supplementary report also advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2.

 

The proposal is for the erection of a 275kV substation as part of a number of infrastructure proposals to “maintain an efficient, coordinate and economical electrical transmission system” and is required to allow connection for renewable energy in the area across the wider electricity network.

 

It is considered that the proposal would accord with the principles and policies contained within the Local Development Plan and National Planning Framework 4 and is acceptable in terms of all other applicable material considerations.

 

It was recommended that planning permission be granted subject to the revised conditions and reasons listed in Appendix 1 of supplementary report number 1.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 14.12.22; the Environmental Appraisal (December 2022), 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site Location Plan	A01	A01	24.2.23
Site Layout Plan	4534d-DR-P-0017	Rev.5	26.5.23
Existing Substation Proposed Platform Extension and Detail	4534d-DR-P-0027	-	24.2.23
Substation Compound Layout and Electrical Section Locations	4534d-DR-P-0004	Rev.2	24.2.23
Proposed Site Access Profiles	4534d-DR-P-0021	Rev.1	24.2.23
Proposed Site Profiles	4534d-DR-P-0018	Rev.1	24.2.23
Site Access Details	4534d-DR-P-0008	Rev.2	24.2.23
Typical Deer Fence and Gate	4534d-DR-P-0016	-	24.2.23
2.5m High Security Palisade Fencing Details	CE/34/2015	Rev. E	24.2.23
Electrical Layout Elevations 01	4534d-DR-P-0011	Rev.1	24.2.23
Compound layout& Electrical Section Locations	4534d-DR_P-0004	Rev.2	24.2.23
Generator Building Elevations and Floor Plan	4534d-DR-P-0009	Rev.2	24.2.23
Control Building Elevations	4534d-DR-P-0006	Rev.1	24.2.23
Control Building Layout	4534d-DR-P-0022	Rev.1	24.2.23
Control Building Elevations	4534d-DR-P-0023	Rev.1	24.2.23
Transformer Building Elevations	4534d-DR-P-0019	Rev.1	24.2.23
Transformer Building Layout	4534d-DR-P-0020	Rev.1	24.2.23

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    No construction works shall be commenced until a Finalised Construction Environmental Management Plan [CEMP] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. The CEMP shall include:

 

a)    An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent;

b)    Processes to control/ action changes from the agreed SM;

c)    Construction Environmental Management Plans (CEMPs) for the construction phase covering:

 

i)             Habitat and species protection, including ECoW Details, surveys and species protection plans;

ii)            Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9);

iii)           Pollution prevention and control;

iv)           Dust management, including construction activity and vehicle movements;

v)            Construction noise and vibration

vi)           Temporary site lighting;

vii)         Watercourse crossings;

viii)        Site waste management

ix)           Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring;

x)            Mapping of borrow pits and associated habitats identified for restoration;

xi)           Invasive Non-Native Species Management Plan

xii)         Emergency Response Plans;

xiii)        Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and

xiv)        Other relevant environmental management as may be relevant to the development

 

d)    A statement of responsibility to ‘stop the job/ activity’ if a breach or potential breach of mitigation or legislation occurs; and

e)    Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties.

 

Reason: To ensure protection of surrounding environmental interests and general amenity.

 

3.    No development shall commence until a Construction Traffic Management Plan (CTMP) and Phased Delivery Plan have been prepared and approved in writing by the Planning Authority and Transport Scotland as the trunk roads Authority. The Plan shall include details of:

 

a)    Approved access routes,

·         All HGV construction traffic to use the Cross Kintyre Haul Route.

·         The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road must not be used by HGV's.

·         The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road may be used by LGV related to these works

b)    Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage);

c)    The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.

d)    Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management).

 

The development shall be implemented in accordance with the duly approved Traffic Management Plan

 

Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental  ...  view the full minutes text for item 9.

The Chair ruled, and the Committee agreed, to take a short comfort break at 3.00 pm.

 

The Committee reconvened at 3.10 pm.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of supplementary report number 1 which advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

The supplementary report also referred to a further representation received from one of the objectors.  The Planning Officer also advised of a further representation received by an original objector which related to the same subject as the late objection referred to in the supplementary report regarding concerns about flooding and drainage.

 

The Planning Officer advised that the most significant item in the supplementary report was a request from the Applicant that determination of this application be deferred to allow an opportunity for him to engage in discussions with Council Officers and to prepare further details of a scheme of commensurate off-site road improvements for assessment by Planning Officers in consultation with Area Roads Engineers.

 

It was recommended that determination of this application be deferred to allow an opportunity for the Applicant to prepare and submit further details to demonstrate to the satisfaction of Council Officers that there were no constraints to the implementation of an agreed scheme of commensurate off-site road improvements.

 

Decision

 

The Committee agreed to defer determination of this application to allow an opportunity for the Applicant to prepare and submit further details to demonstrate to the satisfaction of Council Officers that there were no constraints to the implementation of an agreed scheme of commensurate off-site road improvements and noted that this would be reported back to the Committee at a future meeting.

 

(Reference: Report by Head of Development and Economic Growth dated 13 June 2023 and supplementary report number 1 dated 20 June 2023, submitted)

Report by Head of Development and Economic Growth

Over the past 10 years a series of short training sessions or occasionally workshops/site visits have been delivered for all elected Members with an aim to improve knowledge of the planning system on a wide range of issues. 

 

A report seeking endorsement of the training programme from August 2023 to June 2024 was before the Committee for consideration.

 

Decision

 

The Committee:

 

1.    agreed to continuing an ongoing programme of planning related training for Members of the PPSL Committee, and that it be open to any other Members not currently involved in planning decision-making; and

 

2.    endorsed the initial subject areas for training and the provisional dates for delivery, on the understanding that the programme may be varied to take account of any additional training requirements Members may wish to identify, along with any other particular training needs identified by Officers as a consequence of matters emerging during the course of the year.

 

(Reference: Report by Head of Development and Economic Growth dated 5 June 2023, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report presenting the Regulatory Services Service Plan 2023-25 was considered.  The Plan provided details of service achievements and performance in 2022-23 together with service priorities for 2023-25.

 

Decision

 

The Committee considered and approved the Regulatory Services Service Plan 2023-25.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 12 June 2023 and Regulatory Services Service Plan 2023-2025, submitted)

 

Report by Executive Director with responsibility for Development and Economic Growth

A report presenting the Building Standards Balanced Scorecard 2023-25 was considered.  The Scorecard provided details of achievements and performance in 2022-23, together with service priorities for 2023-25.

 

Decision

 

The Committee considered and approved the Building Standards Balanced Scorecard 2023-25.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 12 June 2023 and Building Standards Service Plan 2023-2025, submitted)

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 

Report by Head of Development and Economic Growth

Consideration was given to Enforcement Report reference 22/00002/ENFHSH.

 

Decision

 

The Committee agreed the recommendations detailed in the report.

 

(Reference: Report by Head of Development and Economic Growth dated 6 June 2023, submitted)