Agenda and minutes

Apologies for absence were received from Councillors Audrey Forrest and Andrew Kain.

Councillor John Armour declared a non-financial interest in planning application reference 23/01018/PP as it concerned a farm neighbouring his own business and he had also been lobbied by local residents.  He indicated that he would take no part in the determination of this application which was dealt with at item 8 of this Minute, but would remain in the meeting.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 20 November 2023 was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 11.00 am was approved as a correct record.

 

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 2.00 pm was approved as a correct record.

 

d)    The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 3.00 pm was approved as a correct record.

 

e)    The Minute of the Planning, Protective Services and Licensing Committee held on 28 November 2023 was approved as a correct record.

Report by Head of Development and Economic Growth

The Major Applications Team Leader spoke to the terms of the report.  The proposal seeks to develop an allocated housing site within LDP2 to provide 97 dwellings of various sizes.  The site is located in the rural area, with the housing allocation playing a pivotal role in meeting the housing needs of the island.

 

The Examination by Scottish Government Reporters to the Argyll and Bute Local Development Plan 2 (LDP2) has now concluded and the Examination Report has been published.  Although still to be formally adopted it is considered that LDP2 carries sufficient weight to outweigh the designation of land as countryside in the adopted LDP. 

 

The development would still be a minor departure from LDP2 as a small area to the north west of the site lies out with the allocation and within the countryside zone.  No houses are proposed in this area and it would be required to accommodate one of the two Sustainable Urban Drainage Areas (SUDs) required for draining the site.

 

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 8/7/22; , 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
Location Plan as Existing	200661A-10-002	Rev.D	06/09/2022
Topographical Survey Plan as Existing	200661A-10003	Rev.A	06/09/2022
Location Plan – Craignure Context as Existing	200661A-10-001	Rev.C	06/09/2022
Location Plan as Proposed	200661A-PL-001	Rev.G	09/11/2023
Site Plan as Proposed	200661A-PL-003	Rev.C	9/11/2023
Site Cross Section Detail as Proposed	200661A-PL-002	Rev.A	18/08/2022
External Levels Layout	J5336-001		11/07/2022
Drainage Layout	J5336-011	Rev.F	09/03/2023
Cottage Flats- Affordable Plans & Elevations	200661A-PL-010	Rev.A	18/08/2022
2 & 3 Bed Terrace- AFF. Plans & Elevations	200661A-PL-011	Rev.B	06/09/2023
3 Bed Semi-Detached –AFF Plans & Elevations	200661A-PL-012		11/07/2022
1 Bed Flats- PFS Plans & Elevations	200661A-PL-013	Rev.A	18/08/2022
2 Bed Flats –PFS Plans & Elevations	200661A-PL-014	Rev.A	18/08/2022
2 Bed Bungalow – PFS Plans & Elevations	200661A-PL-015	Rev.A	18/08/2022
3 Bed Flat & Retail Uni- PFS Plans & Elevations	200661A-PL-016	Rev.B	05/04/2023
3 Bed Semi Detached- PFS Plans & Elevations	200661A-PL-017	Rev.A	18/08/2022
3 Bed Detached- PFS Plans & Elevations	200661A-PL-018		11/07/2022
4 Bed Detached- ST- PFS Plans & Elevations	200661A-PL-019		11/07/2022
4 Bed Detached In- PFS Plans & Elevations	200661A-PL-020		11/07/2022
4 Bed Detached Wide- PFS Plans & Elevations	200661A-PL-021	Rev.A	18/08/2022
4 Bed Detached Large- PFS Plans & Elevations	200661A-PL-022		11/07/2022
2 & 3 Bed Terrace – AFF. Combined Plans	200661A-PL-023	Rev.A	06/09/2022
3 Bed Detached – Handed Plans & Elevations	200661A-PL-024		18/08/2022
4 Bed Detached St – Handed Plans & Elevations	200661A-PL-025		18/08/2022
4 Bed Detached Inv-Handed Plans & Elevations	200661A-PL-026		18/08/2022
4 Bed Detached Wide-Handed Plans & Elevations	200661A-PL-027		18/08/2022
4 Bed Detached Large-Handed Plans & Elevations	200661A-PL-028		18/08/2022
1 & 2 Bed Flats – PFS Plans & Elevations	200661A-PL-029		06/09/2022
Garage Units Plans & Elevations	200661A-PL-051		18/08/2022
Vehicle Swept Path Analysis for a Refuse Vehicle	J5336-004		11/07/2022
Proposed Landscape Layout	1641-01	Rev.F	18/08/2022
Softworks Specification & Maintenance	1641-03	Rev.B	04/07/2023
Proposed trees to be removed & retained	1641-02	Rev.B	04/07/2023
Waste Strategy & Bin Storage	200661A-PL050	Rev.A	06/09/2022

 

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

 

Note to Applicant:

 

·       This planning permission will last for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

 

·       In order to comply with Sections 27A(1)  of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act.

 

In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

 

2.    Archaeological Works

 

No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

 

Reason: In order to comply with the requirements of NPF4 Policy 16F.

 

3.    Requirement for Public Sewerage Connection

 

The development hereby approved shall connect to the public sewerage system.

 

Reason: The site is located within a settlement area served by a public sewer.  The use of a private system would be a material change and would require the submission of a further planning application.

 

4.    Open Space Provision

 

No development shall commence until details for the provision and maintenance of areas of communal open space and equipped play area(s) identified on the approved plans have been submitted to and approved in writing by the Planning Authority. The details shall comprise:

 

(i)    Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit;

(ii)   Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in  ...  view the full minutes text for item 4.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  He advised of a correction to the report of handling in respect of comments submitted by Environment Health and stated that these comments detailed within the report did not have the status of a full consultation response and related to an informal communication between Officers.

 

The proposed development is a partial change of use where a total of some 60m² of floor space is proposed to be used as a retreat centre to learn meditation and mindfulness with spiritual teaching.  The proposed use will operate with weekly programmes largely within the hours of 9.30 -16:30 with occasional evening use within the hours 19:00 – 21:30. 

 

The site is located within the residential area in the settlement of Rhu.  A total of 19 representations have been received, 4 in support and 15 objections, the details of which were contained within section F of the report.

 

It was considered highly likely that the proposal would result in an inadequate level on-site car parking provision leading to increased demand for car parking in non-designated parking areas, private roads and public roads within the locality to the detriment of highway safety and the free-flow of traffic. In the absence of adequate information to demonstrate otherwise, Officers consider that the proposal is contrary to the provisions of NPF 4 Policy 13; the adopted LDP – 2015 Policy LDP 11 and SG LDP TRAN 4 and SG LDP TRAN 6; and LDP 2 Policy 40.

 

Officers also considered that the proposal was an inappropriate use in a residential context and was contrary to the provisions of LDP Policy 8 and 9, SG LDP BAD 1 and Proposed LDP2 Policy 14. 

 

It was therefore 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.    Argyll and Bute Local Development Plan – Adopted 2015 Policy LDP 8 and SG LDP BAD 1 – Bad Neighbour Development and the emerging Proposed Argyll and Bute Local Development 2 Policy 14 serves to resist any proposal that would have an unacceptable adverse impact upon the amenity of neighbouring land uses resulting from noise, vibration, etc. In addition Policy LDP 9 – Development Setting, Layout and Design seeks to ensure that a high standard of appropriate design that is compatible with the surroundings. It is considered that the nature and scale of the proposal which is a non-residential institutional use, proposed to have week-long courses for groups of 12-15 teachers/students/practitioners within two rooms of a 2-bedroom flat contained in a block of 9 no. residential units is inappropriate. This is due to the access to the proposed teaching/retreat use from the grounds of the building, being via a communal hallway and stairwell shared with a number other residential properties. The flat subject of the application is located on the first floor, with other flats located directly above and below it. No information has been submitted to date with regard to the construction specification of the floor zones between these flats, or the sound insulation performance of the floor construction. In addition, no sound surveys between the flats has been submitted in support of the application. There is a conflict with existing homogenous residential use and potential significant adverse impact on residential amenities. Therefore, this proposal is inappropriate use in a residential context and is contrary to the provisions of LDP Policy 8 and 9, SG LDP BAD 1 and Proposed LDP 2 Policy 14.

 

2.    Argyll and Bute Local Development Plan – Adopted 2015 Policy 11 and SG LDP TRAN 6; and the emerging Proposed Argyll and Bute Local Development Plan 2 Policy 40 serve to require that proposed development that will result in an intensification of traffic and demand for car parking will only be supported where the proposed development includes adequate on site car parking to accommodate all existing car parking demand, and any intensification of demand by virtue of the development proposal. It is considered that the proposed partial change of use from a 2 bedroom residential flat to a commercial use comprising a retreat centre to teach and practice spiritual disciplines including meditation and mindfulness by means of weekly programmes for groups of 12-15 participants during the hours of 9.30-4.30, with the occasional evening use 7-9.30, will result in a substantial intensification of traffic using the existing public/private access regime and on site car parking provision. Whilst the applicant has suggested that groups attending the sessions will be bussed in and out of the premises using a mini-bus or similar, officers do not consider that this is a sufficiently robust justification for accepting development that appears, on the basis of information submitted, to be deficient in car parking spaces with reference to the Council’s adopted standards. The supporting information indicates that there are 15 no. existing spaces however this cannot be verified from the drawings submitted and it is not clear that all of these spaces are within the ownership or control of the applicant. Existing parking provision would be based on an application of the standards for residential units i.e the number of residences and the number of bedrooms that each residence has. The adopted standard is 1½ spaces per 1-bedroom unit, 2 spaces per 2-3 bedroom unit; and 3 spaces per unit with 4 or more bedrooms. The applicant has submitted inadequate information to allow an assessment of the number and location of existing on-site parking spaces to meet the current demand. The adopted parking standards relative to a non-residential institution use is 1 space per two staff plus 3 spaces per 100m². The application drawings show approximately 75m² of floorspace to be used for teaching/meditation, which would result in a minimum requirement for 1 additional parking space, plus a further space per two staff members, including visiting teachers. However, as the supporting information advises, it is intended that the rooms be used by groups  ...  view the full minutes text for item 5.

Councillor Dougie Philand joined the meeting during consideration of the foregoing item.

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  Before proceeding with her presentation she advised of an email received from Mr Moncrieff attaching a video which showed water running through the site.  No commentary accompanied this video and there was no indication of when the video had been taken.

 

This application is seeking to secure Planning Permission in Principle (PPP) for a residential development on an area of land at Lonan Drive, Oban.

 

The principle of the development on this site has been established by the granting of PPP reference 18/02720/PPP following a discretionary pre determination hearing.  Whilst the previous PPP expired on 31 March 2023, it is considered to represent a material consideration in the current application which was submitted and validated within the lifetime of the previous permission and which effectively seeks to renew the original PPP.

 

The application has been the subject of 77 objections from 66 households, one representation and an objection from Oban Community Council.  Officers consider that issues and concerns expressed do not raise any matters that were not previously considered at the hearing.

 

Since the previous permission was granted, there has been no change in the main policy background within this area and there have been no material changes in circumstances in the locality or in the previously approved access or servicing arrangements which would preclude the renewal of the previous permission.

 

It was recommended that planning permission in principle be granted subject to the conditions and reasons detailed in the report.

 

Decision

 

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

 

Standard Time Limit Condition (as defined by Regulation)

 

Additional Conditions

 

1.     PPP – Matters Requiring AMSC Submission

 

Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details.

 

Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.

 

Note to Applicant

 

Regard should be had to Scottish Waters consultation comments and the Oban and District Access Panels comments in relation to the proposed development, details of which are available to view via the Public Access section of the Council’s website.

 

2.     PPP – Approved Details

 

The development shall be implemented in accordance with the details specified on the original application form dated 18/12/18 and the previously approved drawings listed in the table below.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site and Location Plan	1441 01	b	09/03/23
Indicative Site Plan & Site Sections	1440 L(--)01	g	09/03/23
Site Sections	1440 L(--)02	a	09/03/23
Road Layout at Lonan Drive	601775-DRG-0001-P1		09/03/23
Road Details at Lonan Drive	601775-DRG-0002-P1		09/03/23

 

Reason:  To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

 

3.     PPP – Timescale to be Agreed for Completion

 

Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority.

 

Reason: In order to comply with the requirements of NPF4 Policy 16F.

 

4.     PPP – Roads and Access

 

Pursuant to Condition 1 – no development shall commence until details of the proposed service road and connection with the existing public road have been submitted to and approved by the Planning Authority. Such details shall incorporate:

 

i)      A vehicular access layout providing a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984;

ii)     A turning head for the public service vehicle;

iii)    Details of the priority signage for the access into the site.

 

Prior to work starting on site, the junction with the existing public road shall be fully formed and surfaced with all access roads and footways granted consent constructed to at least base course level prior to any work starting on the erection of the buildings which they are intended to serve and the final wearing surface of the roads and footways shall be applied concurrently with the construction of the final building.

 

Reason: In the interests of road safety and to ensure the timely provision of a service road commensurate to the scale of the overall development and having regard to the status of the proposed access as a residential service road.

 

Note to Applicant:

 

Road Construction Consent under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers and a Road Bond provided prior to the formation of the access within the development site.

 

5.     PPP – Parking Provision

 

Pursuant to Condition 1 – no development shall be commenced in respect of any individual building until plans and particulars of the means of parking/turning arrangements to serve that building have been submitted to and approved by the Planning Authority. Such details shall incorporate:  

 

i)      The provision of parking and turning in accordance with the requirements of Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015.

 

The approved parking and turning layout to serve the buildings shall be implemented in full prior to that building first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interests of road safety.

 

6.     PPP – Sustainable Drainage System

 

Pursuant to Condition 1, no development shall commence on site until full details, in plan form, of the land drainage design for the site and details of its ongoing maintenance has been submitted to and approved in writing by the  ...  view the full minutes text for item 6.

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 provided further comment from the Applicant in relation to ornithology. 

 

Consideration was given to a recommended response to the Scottish Government’s Energy Consents and Deployment Unit consultation on the Section 36C Variation Application to the Section 36 consent granted on 29 October 2021 to construct and operate Blarghour Wind Farm.

 

The reports presented reviewed the policy considerations which were relevant to this proposal and the planning merits of the development, the views of bodies consulted by the Scottish Government, along with other consultations undertaken by the Council, and third party opinion expressed to the Scottish Government following publicity of the application by them.

 

It was recommended that the Energy Consents Unit be notified that the Council does not object to this Section 36C consultation subject to conditions detailed in supplementary report number 1.

 

Motion

 

To agree to the recommendation in the report.

 

Moved by Councillor Gordon Blair, seconded by Councillor John Armour.

 

Amendment

 

That the Committee agree -

 

1.    to the recommendation in the report; and

 

2.    to request that Officers ensure that concerns expressed by Members during this meeting are passed on to the Energy Consents Unit.

 

Moved by Councillor Kieron Green, seconded by Councillor Mark Irvine.

 

A vote was taken by calling the roll.

 

Motion                                         Amendment

 

Councillor Armour                        Councillor Brown

Councillor Blair                             Councillor Green

Councillor Kennedy                      Councillor A Hampsey

                                                   Councillor D Hampsey

                                                   Councillor Hardie

                                                   Councillor Irvine

                                                   Councillor McCabe

                                                   Councillor Martin

                                                   Councillor Philand

                                                   Councillor Wallace

 

The Amendment was carried by 10 votes to 3 and the Committee resolved according.

 

Decision

 

The Committee agreed:-

 

1.    that the Energy Consents Unit be notified accordingly that:

 

·       Argyll and Bute Council DOES NOT OBJECT to this application, subject to the inclusion of the conditions recommended by consultees in any consent granted by the ECU. These should also include the condition proposed by the Applicant to allow the lighting scheme to be revisited in the future to take account of emerging technological solutions which would reduce the impacts of visible lighting, such as transponder radar activated lighting; and

 

2.    to request that Officers that ensure that concerns expressed by Members during this meeting are passed on to the Energy Consents Unit.

 

(Reference: Report by Head of Development and Economic Growth dated 20 December 2023 and supplementary report number 1 dated 19 December 2023, submitted)

The Chair ruled, and the Committee agreed, to take a short break at this point.

 

The Committee reconvened at 1.15 pm with all those present as per the sederunt with the exception of Councillor Paul Kennedy and Councillor Luna Martin.

Report by Head of Development and Economic Growth

Before proceeding with his presentation the Area Team Leader advised of a late representation received from Mr Tommy Millar, who had previously submitted an objection to this application.   It was the view of Officers that the matters raised had been addressed in the report of handing which had been before the Members at their meeting in November 2023.

 

The Area Team Leader then spoke to the terms of supplementary report number 1 which provided Members with an update following their decision on 22 November 2023 to continue the application in order to allow submission of further information from the Applicant.  The Applicant submitted the requested information which included: a health and safety management plan for the site; revised site plan with tyre ladder details; revised cross-section plan; revised security steel mesh fence details to include 2 strands of barbed wire at the top and bottom; and Health and Safety Executive information sheet on managing slurry on farms.

 

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

 

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 19.05.2023 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
Location Plans/Site Layout Plans	PL-001	A	30.05.2023
Proposed Site Layout Plan	PL-002	D	06.12.2023
Security Fence Details	PL-004	A	06.12.2023
Cross Sections through proposed slurry lagoon	PL-003	C	06.12.2023
Topographic Survey	01		22.09.2023
Odour Management Plan			22.09.2023
Health and Safety Management Plan			06.12.2023

 

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

 

2.    Notwithstanding the effect of Condition 1, the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record, recover and report items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences. 

 

Reason: In order to protect archaeological resources.  

 

3.    Notwithstanding the effect of Condition 1, upon completion of works the development hereby approved shall not be brought into use until the applicant has submitted to the planning authority written confirmation from SEPA to confirm that the proposed development complies with the relevant provisions of The Water Environment (Controlled Activities)(Scotland) Regulations 2011 (as amended).  

 

Reason:  In order to safeguard amenity and the environment. 

 

4.    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 include details of:

 

i)      Any proposed re-contouring of the site by means of existing and proposed ground levels; 

ii)     Proposed hard and soft landscape works; 

iii)   A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. 

 

The development shall not be operated until such time as the surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 

 

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. 

 

The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. 

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to comply with the requirements of NPF4 Policy 3.

 

5.    The proposed development hereby approved shall be operated in accordance with the submitted Odour Management Plan dated September 2023, unless otherwise agreed in writing by the planning authority. 

 

Reason: In the interests of amenity and safety.

 

6.    Notwithstanding the effect of Condition 1, the proposed safety signage shall be installed on all elevations of the fences and on all access gates to the site including on the two security fence gates as recommended on the revised site layout plan with drawing no. PL-002  Rev D. Thereafter the signage shall be maintained to ensure that it remains legible.

 

Reason: In the interests of safety.

 

7.    The development hereby approved shall be operated in accordance with the submitted Health and Safety Management Plan submitted to the Planning Authority on 06 December 2023, unless otherwise agreed in writing by the planning authority; or as may otherwise be alternatively instructed by any other Agency with a statutory remit limiting the operation or maintenance of the site, including the Health and Safety Executive and/or SEPA. 

 

Reason: In the interests of amenity and safety.

 

(Reference: Report by Head of Development and Economic Growth dated 10 November 2023 and Supplementary Report Number 1 dated 8 December 2023, submitted)

Councillor Luna Martin returned to the meeting during consideration of the foregoing item.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  The proposed peat extraction area is located to the south of the settlements of Glenmachrie and Glenegedale on the western side of the Isle of Islay.  The site area consists of open peat mossland and is partly dissected by the A846 which runs north to south. The site contains four bodies of water, three to the eastern side of the A846 and another on the western side.

 

In terms of the adopted Local Development Plan (2015), the site is located within a Countryside Zone and borders some areas of the Rural Opportunity Zone to the south. To the north of the site is Loch Eighinn which is a designated Local Nature Conservation Site.  The Laggan Bay coastal areas some 0.5km to the west of the proposed site are also designated as Special Protection Areas (SPA) and SSSI. The site is also subject to the following constraints: Surface and Riparian Flooding (REF: SEPA Flood Maps) (Parts of the site appear to be within 1:200 riparian flooding zones), Deep Peat and Safeguarding Zone 15 - Islay Airport (HIAL). 

 

The PAN describes the proposed development as “the harvesting of peat for use in the production of malt whisky in a manner that causes the least environmental impact, together with restoration of previously drained and worked areas within the site”.

 

The report sets out the information submitted to date as part of the 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 a step by step guidance note outlining the technical aspects of the extraction and restoration process alongside information on supply and demand of peat be submitted with the Planning Application.

 

(Reference: Report by Head of Development and Economic Growth dated 1 December 2023, submitted)

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  The proposed peat extraction area is located to the immediate north of Port Ellen and bound to the east by the A846. The irregular shaped site extends approximately 3 kilometres to the north before extending eastwards into the southeastern quarter of Loch Nan Gabhar and eastwards again to the track serving to Kintra Farm.

 

In term of the current adopted Local Development Plan (2015), the site is located within a designated Countryside Area, with some pockets of Rural Opportunity Area contained within it. The site is located approximately 1km to the west of the Laggan Bay Special Protection Area and SSSI. Port Ellen to the south of the site is designated as a main settlement area and contains the main town centre and Established Business and Industry Area. The site is also subject to the following known constraints: Surface and Riparian Flooding (REF: SEPA Flood Maps) (Parts of the site appear to be within 1:200 riparian flooding zones); Deep Peat (Dystrophic Blanket Peat Av depth 5.7m);

and Safeguarding Zone 15 - Islay Airport (HIAL).

 

The PAN describes the proposed development as “the harvesting of peat for use in the production of malt whisky in a manner that causes the least environmental impact, together with restoration of previously drained and worked areas within the site”.

 

The report sets out the information submitted to date as part of the 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 a step by step guidance note outlining the technical aspects of the extraction and restoration process alongside information on supply and demand of peat be submitted with the Planning Application.

 

(Reference: Report by Head of Development and Economic Growth dated 1 December 2023, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report providing an update on the performance of the Development Management Service for the reporting period FQ2 2023/24 was considered.

 

Decision

 

The Committee agreed to note the content of the report.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 7 December 2023, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report containing recent feedback form the Scottish Government in relation to the Council’s Planning Performance Framework (PPF) for 2022/23 was considered.

 

Decision

 

The Committee agreed to note the content of the report and publicise the positive feedback from the Scottish Government.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 8 December 2023, submitted)

Report by Head of Development and Economic Growth

A report summarising recent decisions by Scottish Minsters in respect of planning application reference 19/01858/PP called in for determination, and the outcome of an appeal against refusal of an application for listed building consent reference 22/01847/LIB, was before the Committee for information.

 

Decision

 

The Committee noted the contents of the report.

 

(Reference: Report by Head of Development and Economic Growth dated 20 December 2023, submitted)

Report by Executive Director with responsibility for Legal and Regulatory Support

A report updating Members on the timescale for submitting the taxi survey report was before the Committee for information.

 

Decision

 

The Committee noted the updated position.

 

(Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 20 December 2023, submitted)