Agenda and minutes

Apologies for absence were received from Councillor Paul Kennedy.

Councillor Peter Wallace declared a non-financial interest in planning application reference 23/00395/PP as he had a business relationship with the applicant in November 2023. He indicated that he would leave the meeting and take no part in the determination of this application which was dealt with at item 8 of this Minute.

 

The Minute of the Planning, Protective Services and Licensing Committee held on 24 January 2024 at 11.00 am was approved as a correct record.

The Minute of the Planning, Protective Services and Licensing Committee held on 24 January 2024 at 2.00 pm was approved as a correct record.

 

The Minute of the Planning, Protective Services and Licensing Committee held on 24 January 2024 at 3.00 pm was approved as a correct record.

 

The Minute of the Planning, Protective Services and Licensing Committee held on 24 January 2024 at 4.00 pm was approved as a correct record.

 

The Minute of the Planning, Protective Services and Licensing Committee held on 30 January 2024 was approved as a correct record.

 

Councillor Amanda Hampsey took over as Chair for the next item due to having Chaired the discretionary hearing relating to this item.

Report by Head of Development and Economic Growth

The Development Manager spoke to the terms of the report. This application was first presented to the Planning, Protective Services and Licensing (PPSL) Committee on 20 September 2023 at which time Members agreed to its continuation to a Pre-Determination Public Hearing which was held on 30 January 2024.

The Supplementary Report brought the planning file up to date to include details of a representation submitted from Councillor Julie McKenzie noting her support prior to the application being presented to the September PPSL meeting and also an error in the original Report of Handling, details of which were presented verbally to Members at the beginning of the presentation to the Committee on 20 September 2023.

The Supplementary Report also details the withdrawal of an expression of support and the submission of a late representation.

It was recommended that planning permission be refused for the reasons appended to the report of handling.

 

Motion

 

I understand that this development is contrary to the stated intentions of NPF 4 Policy 9(b), and Argyll and Bute Local Development Plan 2015 Policies LDP 8 and SG LDP REC/COM 2 and it is not possible to link the development to any of the exemptions that relate to Policy SG LDP REC/COM 2 which would allow the development to comply with the Local Development Plan (LDP) and LDP2.

 

The OSPA has been designated because the open undeveloped space offered a high degree of scenic amenity to the public with views left towards to Connel Bridge and the Falls of Lora and right along Loch Etive.

 

It is suggested in the report of handling that the proposed development will be highly visible from the northern end of Connel Bridge and from the water of Loch Etive under Connel Bridge and the North Connel/Bonawe road and while I accept that may be the case, it is contended that such assessments are subjective and that as the main building will be tucked in against existing development and the remainder of the development is at a level where it will merge into the backdrop of Connel Village and as such the current view from these locations towards the site will not be impacted detrimentally.

 

The scenic amenity primarily encompasses views from and across the site towards Connel Bridge, the Falls of Lora, and along Loch Etive.

 

The open space is currently not easily accessible to the public and there is nothing to suggest that members of the public do access it on a regular basis to take in these views. That said, I am aware that the foreshore beyond the boundary of the site can be accessed via a path to the east of the site.

 

During the site visit, I found it difficult to see many aspects of the Connel Bridge and the Falls of Lora from the pavement, on the main road, adjacent to the site due to the existence of Connel Surgery, the House adjacent to it and the vegetation, trees etc along the road which rises up at that point. It is also not possible to see much of the bridge and the Falls of Lora when driving towards them.

 

In a similar way, when travelling by car in the other direction from Connel Bridge towards the site the road drops down and the views of the Falls of Lora are very limited and the views along Loch Etive are unlikely to be hindered or affected for drivers or indeed people walking along the footpath. It is also notable that the planning committee required to park several minutes walk away from the site, as there is not currently safe parking places in which to adequately view the scenic amenity.

 

It is important to consider that this site visit was carried out during the winter month of February when deciduous vegetation and trees are during a period of abscission, when the leaves are naturally shed, with no examples of marcescence, where the leaves are withering but remain attached to the stem, thus by, the scenic amenity during months when trees and other vegetation are in full canopy or bloom, would be even more restricted than that experienced by the committee during their site visit.

 

The development will create a number of jobs in the area and the business will increase the number of visitors to the area, which is likely to have a positive impact on trade for other businesses in the area, which demonstrates economic benefit will be derived from the development.

 

As it stands, the OSPA creates no beneficial use of the location by the public and by opening up the site with this development, consequently it will ensure direct access to members of the public, locals and visitors and will offer the public the ability to enjoy all the aspects of the OSPA area in a manner which has not previously been available to them.

 

In conclusion, therefore I am of the view that the development has been designed to minimise the impact on the OSPA to a level that will not detrimentally affect the scenic amenity of the location and will enhance it through providing access to the area and the siting of the viewpoint.

 

Therefore, on that basis, I move that the development is approved, subject to conditions and reasons being delegated to the Head of Development and Infrastructure, in consultation with the Chair and Vice Chair of the PPSL.

 

For the avoidance of doubt, and in order to underpin the justification for departing from the provisions of the Development Plan, such conditions shall include an appropriate mechanism to secure the timely provision and ongoing maintenance of an accessible footpath and viewpoint within the scheme of development, and to ensure that such facilities will be made freely available to the general public without barrier to entry on a permanent basis.

 

 

 

Moved by Councillor Amanda Hampsey, seconded by Councillor Andrew Kain.

 

Amendment

 

The Committee refuse planning permission subject to the reasons appended to the Report of Handling.

 

Moved by Councillor Graham Hardie, seconded  ...  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. The application was originally submitted for the erection of 16 dwelling houses. Subsequent to the majority of the representations, revised plans have been secured which have reduced the scale of development to 10 dwellings. It is on this basis that the proposed development has been assessed.

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

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)   Standard Condition on Soil Management During Construction
Additional Conditions
1	PPP - Approved Details & Standard Notes – Non EIA Development   Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 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.
2.	PPP - Approved Details & Standard Notes – Non EIA Development   The development shall be implemented in accordance with the details specified on the application form dated 12.05.2021, 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.   Plan Title. Plan Ref. No. Version Date Received Location maps and croft plan 599/01   04.10.2023 Site Survey Plan 599/03   29.09.2023 Revised floor levels houses 9 and 10   1 of 2 19.01.2024   Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
3	PPP - Provision of Adoptable Standard Service Road   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 junction with the existing public road formed with visibility splays of  2.40 metres to point X by 75 metres to point Y formed from the centre line of the junction;   iii)            A bus bay to be incorporated into the junction design with hardstanding on constructed opposite the junction to provide for a bus drop off point;   iv)            The junction of adoptable standard development road is to be sited no closer than 25 metres from the nearest existing junction;   v)             The development road is to have either 2.00 metre wide footways or 2.00 metre wide service strips;   vi)            The development road is to be no less than 5.50 metres wide;   vii)          A turning head for the public service vehicle at the end of the adoptable standard road;   viii)         Roads design to incorporate Sustainable Urban Drainage (SuDS);   ix)            Hardstanding for the provision of two grit bins;   x)             Details for the provision of two village gateway signs to erected on the public road;   xi)            Details for the provision of pedestrian on road signage to be provided and erected between the development site;   xii)          Details for the provision of the existing public road verge to be widened out to provide safe step offs for pedestrians between the development and Craighouse School;   xiii)         Details for the provision of road name signs.   Prior to work starting on site, the junction with the existing public road shall be fully formed and surfaced and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The visibility splays shall be maintained clear of all obstructions thereafter.   All access roads, footways and step offs granted consent shall be 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, footways and step offs 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.
4.	PPP – Access/Parking/Turning for Multiple Buildings served by an Adoptable Road   Pursuant to Condition 1 – no development shall be commenced in respect of any individual building until plans and particulars of the means of vehicular access and parking/turning arrangements to serve that building have been submitted to and approved by the Planning Authority. Such details shall incorporate:     i)               Means of vehicular access to that building from the service road shall be formed with  junctions of 90 degrees with visibility splays of  2.40 metres to point X by 25 metres to point Y formed from the centre line of the junction or provision of 2.5m by 5m parking bays located behind any footway/service strip;   ii)              The provision of parking and turning in accordance with the requirements of policy LP TRAN 6 and Appendix C of the Argyll and Bute Local Development Plan 2015.   The approved means of vehicular access to the building shall be implemented in full prior to the commencement of construction of the development which the access is  ...  view the full minutes text for item 5.
6.	BEATON AND MCMURCHY ARCHITECTS LTD: SITE FOR THE ERECTION OF DWELLINGHOUSE: LAND NORTH OF LYNBURN, ROWAN ROAD, OBAN: (REF: 22/01986/PP) PDF 381 KB Report by Head of Development and Economic Growth Additional documents: 22_01986_PPP , item 6. PDF 485 KB 01986 SR1 updated , item 6. PDF 98 KB Webcast for 6. Minutes: The Planning Officer spoke to the terms of the report. This planning application seeks to secure planning permission in principle for the erection of a dwellinghouse at land north of Lynburn, Rowan Road, Oban and the formation of a vehicular access. The application has been submitted with indicative details of the footprint of the dwelling and its siting within the plot. It was recommended that planning permission in principle be granted subject to the satisfactory conclusion of a section 75 agreement, and the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission in principle subject to the satisfactory conclusion of a section 75 agreement, and the following conditions and reasons: Standard Time Limit Condition  (as defined by Regulation)   Standard Condition on Soil Management During Construction   Additional Conditions     1. PPP – Matters Requiring AMSC Submission   Plans and particulars of the matters specified in Conditions 3, 4, 5, 7, 8 and 9 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: In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).     2. PPP - Approved Details   The development shall be implemented in accordance with the details specified on the application form dated 30.09.2022 supporting information and, the approved drawings listed in the table below.   Plan Title. Plan Ref. No. Version Date Received Site Plan & Section 2034 02 B 13.10.2022 Site & Location Plans 2034 03 B 13.10.2022 Cross Sections 2034 04   01.12.2022 Site & Location Plans Road Improvements Proposals 2034 07 A 06.02.2024 Junction Site Plan as Proposed 2034 11   06.02.2024   Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.     3. 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. Vehicular Access, Parking and Turning   Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate:   i)      The upgrade of the existing access at the connection with the public road in accordance with the Council’s Roads Standard Detail Drawing SD08/002a with visibility splays measuring 2.4 metres to point X by 25 metres to point Y;   ii)     The provision of a parking and turning area in accordance with the requirements of Policy LDP 11 and Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015;   iii)   The provision of a footway to be provided over the total length of the private road;   iv)   A road carriageway with a minimum width of 3 metres;   v)    The provision of passing places in accordance with Operational Services Drawing 08/003a at locations approximately 50m, 90m and 180m from the junction with the public road;   vi)   The provision of a turning head in accordance with Figure 18 of The Roads Development Guide to be provided at the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’, with a bin storage area to the rear of the turning head;   vii)  The provision of street lighting ducting to be installed from the junction with the public road to the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’;   Prior to work starting on site, the approved scheme of works shall be completed, and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 0.6m above the road carriageway at point Y 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 water is discharged onto the public road.       5. PPP – Availability of Connection to Public Water Supply   Pursuant to Condition 1 - no development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided in writing to the Planning Authority before commencement of development. Reason: To ensure that the development is adequately served by a public water supply. Note to Applicant: ·       In the event that a public water supply connection cannot be obtained an alternative private water supply would constitute a material amendment requiring the submission of a further planning application.     6. Sustainable Drainage System   Notwithstanding the provisions of Condition 2, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.   Reason:  To ensure the provision of an adequate surface water drainage system and to prevent flooding.    Note to Applicant:   ·       Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk .     7. Design and  ...  view the full minutes text for item 6. 7. MR DOUGIE CRAIG: ALTERATIONS AND EXTENSION, SUB-DIVISION OF EXISTING MAISONETTE AT FIRST FLOOR TO FORM SELF-CONTAINED 2 BEDROOM FLAT AT FIRST FLOOR AND 3 BEDROOM FLAT AT SECOND FLOOR, REPAIR AND REPLACEMENT OF EXISTING ROOF: FLAT 1, 11 BATTERY PLACE, ROTHESAY: (REF: 22/02090/PP) PDF 327 KB Report by Head of Development and Economic Growth Additional documents: 22_02090_PP , item 7. PDF 548 KB Webcast for 7. Minutes: The Planning Officer spoke to the terms of the report. Planning Permission is sought for the subdivision of an existing five-bedroomed maisonette at 11 Battery Place, Rothesay, Isle of Bute into a self-contained two bedroom first floor flat and a three-bedroom second floor flat. Externally, the roof space is to be increased through the removal of the existing dormer window on the front slope and its replacement with a mansard-type construction. The existing extended roof on the rear slope is to be refurbished by a new external finish and replacement windows. It was recommended that Planning Permission be granted as a minor departure to the Local Development Plan 2015 and Proposed Local Development Plan 2 (as intended for adoption) subject to the conditions, reasons and informative notes set out in the report of handling. Decision The Committee agreed that planning permission be granted as a minor departure to the Local Development Plan 2015 and Proposed Local Development Plan 2 (as intended for adoption) subject to the following conditions, reasons and informative notes: Standard Time Limit Condition for Planning Permission (as defined by Regulation)   Standard Condition on Soil Management During Construction   Additional Conditions   1.        Unless otherwise directed by any of the conditions below, the development shall be implemented in accordance with the details specified on the application form dated 17th October 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 Existing   Drawing No. 2207/001A   A   19.10.2022 Proposed Drawing No. 2207/002A A   18.10.2022 Proposed First Floor   Drawing No. 2207/003 - 18.10.2022 Prop. Second Floor Plan   Drawing No. 2207/004 - 18.10.2022 Prop. Section B – B   Drawing No. 2207/005   18.10.2022 Prop. Section C – C Drawing No. 2207/006   18.10.2022   Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.   2.      Prior to the commencement of the development, full details of the external finish of the new roofs and the new windows in the front and rear roofs shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the new roofs and windows shall be installed in accordance with the approved details.   Reason: In order to successfully integrate the development with the existing Listed Building and the wider Conservation Area and for the avoidance of doubt.   3.    A facility for the storage of cycles, the details of which shall have been previously submitted to and agreed in writing with the Planning Authority, shall be provided within the rear curtilage of the application site prior to the occupation of the first of the flatted dwellings hereby approved. Unless otherwise agreed in writing with the Planning Authority, the approved cycle storage shall be retained in perpetuity for this dedicated purpose.   Reason: In the interests of facilitating the use of cycles by the occupants of the flatted dwellings hereby approved in accordance with the provisions of National Planning Framework 4 Policy 13 ‘Sustainable Transport’ and Supplementary Guidance policy SG LDP TRAN 2 ‘Development and Public Transport Accessibility’ of the Argyll and Bute Local Development Plan 2015.   (Reference: Report by Head of Development and Economic Growth dated 5 February 2024, submitted)   Having declared a non-financial interest in the following item of business, Councillor Wallace left the room and took no part in discussion of this item. 8. MRS KIRSTEEN MACDONALD: FORMATION OF VEHICULAR ACCESS, FORMATION OF PARKING SPACE AND REMOVAL OF WALL AND GATE: 4A ARGYLE PLACE, ROTHESAY, ISLE OF BUTE: (REF: 23/00395/PP) PDF 309 KB View the declarations of interest for item 8. Report by Head of Development and Economic Growth Additional documents: 23_00395_PP , item 8. PDF 554 KB Webcast for 8. Minutes: The Planning Officer spoke to the terms of the report. The proposal seeks planning permission for the formation of a vehicular access and the use of an existing hardstanding in the front garden as a parking space at 4A Argyle Place, Rothesay, Isle of Bute. In order to achieve access and parking, the existing front boundary wall, railings and gate are to be removed from the site. It was recommended that Planning Permission be granted as a minor departure to the Local Development Plan 2015 and Proposed Local Development Plan 2 (as intended for adoption) subject to the conditions, reasons and informative notes set out in the report. Decision The Committee agreed to grant planning permission in principle subject to the following conditions and reasons: Standard Time Limit Condition for Planning Permission (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1.        The development shall be implemented in accordance with the details specified on the application form dated 26th February 2023; the Addenda dated 23rd March 2023 and 13th June 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 Plan   Ref. No. TQRQM23074155036170   -   13.06.2023 Site Plan 1:200   Ref. No. TQRQM23074161329640   -   13.06.2023 Site Plan 1:50   Drawing No. 202209-24 - 08.06.2023 Photographs and Description of Works   Drawing No. 202209-25 - 08.06.2023   Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. (Reference: Report by Head of Development and Economic Growth dated 5 February 2024, submitted)