Agenda and minutes

(a) The Minutes of the Planning, Protective Services and Licensing Committee of 15 September 2010 (10.00am) were approved as a correct record.

 

(b) The Minutes of the Planning, Protective Services and Licensing Committee of 15 September 2010 (10.30am) were approved as a correct record.

 

(c) The Minutes of the Planning, Protective Services and Licensing Committee of 30 September 2010 were approved as a correct record subject to the alteration of the word “store” to “skate park” at paragraph 3, line 6 of page 22 of the agenda pack.

Report by Head of Planning and Regulatory Services

The Committee were asked to consider a report suggesting that the numbers threshold which currently triggered a pre-determination hearing be reviewed.  The suggestion was that this number threshold be discontinued in favour of a criteria based approach which sought to add value to the decision making process.  This new approach would look at the degree of local interest and controversy, the complexity of the case, how up to date the Development Plan is, the volume of representation and whether there had been any previous decisions or pre-determination hearings with the same issues/material considerations.

 

Decision

 

The Committee agreed to endorse the new criteria based approach as outlined in the report by the Head of Planning and Regulatory Services dated 20 October 2010 and that this be implemented with immediate effect.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 20 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Committee were invited to consider a report updating them on the Balanced Scorecard and General Performance of the Building Standards Service.  The report advised that since the last reporting period (March 2010) the performance figures have continually exceeded targets despite difficulties in recruiting staff.  The report also contained positive information relating to Customer Satisfaction Surveys with 100% of respondents rating the service delivery as either good or excellent.

 

Decision

 

1.    To note with satisfaction the content of the submitted report.

 

2.  To congratulate the Building Standards Manager and his staff for all their efforts.

 

(Ref:  Report by Head of Planning and Protective Services dated 4 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Development Manager spoke to the application advising that this was consistent with the Local Plan and was therefore recommended for approval.  However, while there were no objections from statutory consultees (subject to conditions), there were 27 letters of representation received and he therefore recommended that a discretionary hearing be undertaken by the Committee in advance of determining the application.  He recommended that this hearing would be undertaken on the basis of the volume of local interest in the application.

 

Decision

 

Agreed to hold a discretionary hearing in advance of determining the application on a date, time and venue yet to be determined.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 1 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Development Manager spoke to his recommendation for refusal and advised that due to the level of representations and the complexity of the issues a local discretionary hearing be arranged in advance of determining the application.

 

Decision

 

Agreed to hold a discretionary hearing in advance of determining the application on a date, time and venue yet to be determined.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 7 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Development Manager advised that the site lay within a Rural Opportunity Area and was small in scale.  The Council’s Environmental Health Service had recommended that the associated noise from the neighbouring farm would cause nuisance and therefore be considered the proposal to be “bad neighbour in reverse”.  Accordingly, the recommendation was for refusal as the development was contrary to Policy LP BAD 2.  Due to the technical nature of the case it was recommended that a discretionary hearing take place.

 

Decision

 

Agreed to hold a discretionary hearing in advance of determining the application on a date, time and venue yet to be determined.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 30 September 2010, submitted)

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services advised that the proposal was required to amend a previous permission granted in 2008.  The proposal conforms with the requirements of the Local Plan Policies and that there were no material considerations to suggest anything other than approval.  He commented that there was a Section 75 Agreement in place for permission ref 07/02508/DET which would be required to be altered to reflect the change in number of flats and the addition of dwellinghouses and to allow the affordable housing objective to be met.  There had been no objections from either Statutory Consultees or the public and he recommended that the application be approved.

 

Decision

 

Agreed to grant planning permissions subject to (a) the alteration of the original Section 75 Agreement (07/02508/DET) to reflect the changes to the number of flats, the addition of four dwellinghouses and to allow the affordable housing objective to be met by the sale of the site of one block of 24 flats to a RSL (Registered Social Landlord) and (b) that the affordable housing element (Block A) should be implemented prior to the completion of Block B.  The following conditions and reasons were also endorsed:-

 

1.        That the development to which this permission relates must be begun within three years from the date of this permission.

      

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 16^th April 2010 and the approved drawing reference numbers:  2634/P/102 RevA, 2634/P/101, 2634/P/200 RevC, 2634/P/201 RevC, 2634/P/300, 2634/P/301, 2634/P/302, 2634/P/303 RevA, 2634/P/304, 2634/P/305, 2634/P/500 RevA, 2634/P/501, 2634/P/503, 2634/P/901, 2634/P/902, Flood Risk and Surface Water Drainage Impact Assessment Report by Dougal Baillie Associates dated February 2010 including drawings and details contained in Appendices A to H (or as amended), unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

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

 

3.        Within one year of any work commencing on site, the applicant/developer shall provide an equipped children’s play area (as shown on Proposed Site Plan 1:500 drawing no. 2634/P/200 Rev C and 1:200 Proposed Site Plan drawing no. 2634/P/201 RevC) that shall be completed and ready for use.  Prior to any works commencing on site full details shall be submitted in writing for the approval of the Planning Authority in respect of play equipment, seating, landscaping, boundary treatment and maintenance/ factoring of this area.

 

Reason: In order to provide on-site play provision for the proposed development.

 

4.    No development, including any site works, shall commence until the written agreement of Scottish Water has been received confirming that the site foul drainage system can be connected to the public sewerage system, unless otherwise agreed in writing by the planning authority.

 

Reason:  In order to provide for sustainable development of the site, and to avoid any unacceptable adverse impact on the water environment.

 

5.        Prior to the commencement of any construction works, the following information to supplement the submitted ‘Flood Risk and Surface Water Drainage Impact Assessment Report’ by Dougal Bailie Associates dated February 2010 shall be submitted for the prior written approval of the Planning Authority in consultation with the Council’s Flood Alleviation Manager. Such details shall include :

·           Details of access to intakes MH1, MH2 and MH4 which should have a platform at the end of the access with a handrail;

·           Detail of intakes showing horizontal section of intake grill 900mm long;

·           Details of flow path should intake MH1 overtop;

·           Confirmation of maintenance procedures for surface water drainage systems, SuDS, watercourses, surface water outfalls and intakes and that the property owners will be responsible for the maintenance of these systems.

 

       Reason: To avoid potential for flooding at the site in the interests of health and amenity.

6.  The drainage proposals as detailed in the submitted Flood Risk and Surface Water Drainage Impact Assessment Report by Dougal Bailie Associates dated February 2010 including drawings and details contained in Appendices A to H (or as amended) shall be fully implemented prior to the occupation of the first flat or dwellinghouse, or such other timescale as may be agreed in writing with the Planning Authority.

 

      Reason:  In order to provide for a sustainable drainage scheme for the development.

7.   Prior to the commencement of any site works, a preliminary contaminated land assessment, carried out by a competent person, shall be undertaken and submitted to the Planning Authority. The assessment should be sufficient, given the past use(s) of the site, to demonstrate the likely presence or absence of contaminants and their nature and make recommendations for further investigation if needed to quantify any hazards posed.

 

Reason:  In the interest of public health and amenity as previous site uses may have resulted in contamination which may pose a hazard to the proposed residential development. 

 

8.   Where the preliminary investigation has concluded that contamination is present and may pose a hazard to the development, a secondary assessment, carried out by a competent person, shall be undertaken and submitted to the Planning Authority prior to the commencement of any site works. The assessment should seek to define any risks to the development posed by contamination, and make recommendations as to the requirement for any actions necessary to render the site suitable for the proposed use. The recommendations shall be agreed in writing by the Planning Authority, prior to the commencement of any site works. 

 

       Reason:   In the interest of public health and amenity as previous site uses may have resulted in contamination which may pose a hazard to the proposed residential development. 

 

9.   Where the secondary investigation has indicated that action is necessary to render the site suitable for the proposed use, a remediation plan shall be devised by  ...  view the full minutes text for item 7.

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services advised that the application was recommended for approval as it accords with the Development Plan, being consistent with Policies LP ENV1, LP ENV 10 and LP ENV 19.  Although there was sufficient number of representations to trigger a hearing in relation to the old thresholds, with the adoption of the new criteria it was considered that the criteria prompting the need for a hearing was not satisfied in this case.

 

Motion

 

That a discretionary hearing take place in advance of determining the application.

 

Moved by Councillor Marshall, seconded by Councillor McNaughton

 

Amendment

 

That the application be granted subject to the conditions and reasons contained within the report by the Head of Planning and Regulatory Services dated 5 October 2010.

 

Moved by Councillor Kinniburgh, seconded by Councillor Colville

 

Decision

 

The amendment was carried by 6 votes to 3 and the Committee resolved to grant planning permission subject to the undernoted conditions and reasons:-

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 25^th June 2010 and the approved site plan titled ‘Application Ref no. 10/01128/PP’, received on 22^nd July 2010 and approved drawings titled ‘Plan of Building & Adjacent Property to Letter Farm Showing Extent of Land Belonging to Courtyard Cottage Letters’, received 22^nd July 2010, ‘Plans & Elevations Existing & Proposed’, Drg, No. RGB/10/1, received 22^nd July 2010, ‘Details of Proposed Entrance Porch At Courtyard Cottage, Letter Farm’ (x2), received 22^nd July 2010 and  unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

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

 

2.    Prior to the first use of the porch enclosure, its roof shall be fitted with opaque glazing and its north facing elevation shall be of solid construction. The porch enclosure shall be retained with this design and appearance in perpetuity, unless the prior written consent of the Planning Authority is obtained for variation.

 

Reason: In the interest of privacy and amenity of the adjoining property.  

 

(Ref:  Report by Head of Planning and Regulatory Services dated 5 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Development Manager advised that there had been a further 5 letters of representation received taking the total number to 63.  He also advised that he had been made aware that the mast had been erected onsite.  In terms of permitted development rights this would be allowed for a 28 day period and if it exceeded this period, enforcement action could be taken if there was no planning permission.  He advised that the land could absorb the development and that the land was relatively featureless.  In terms of the new hearing criteria, it was not recommended that a hearing was necessary.

 

Decision

 

Agreed:-

 

1.    That the conclusions of the Area Capacity Evaluation (ACE) undertaken to accompany the assessment of this proposal be endorsed as a material consideration in the determination of the application and in the consideration of subsequent applications within the defined ACE compartment.

 

2.    That a discretionary hearing was not required on the basis that there were no technically complex matters  and that in granting this application it did not set a precedent for a windfarm development in this location.

 

3.    To grant planning permission subject to the following conditions and reasons:-

 

1.       Permission is hereby granted for 2 years from the date of this permission.  The anemometer mast, supporting guy wires (and any base and associated fencing) shall be completely removed from the site no later than 31 October 2012.  Thereafter the site shall be reinstated with the planting of indigenous vegetation within one month of the mast being removed from the site, unless a further period for an extended period is obtained from the Planning Authority.

 

Reason:        In order that the Planning Authority may review the circumstances pertaining to the development within a reasonable period of time and in the interests of visual amenity.

 

2.           The wind monitoring mast shall not be erected until full details of bird deflectors (which should be spaced at no greater than 2.5 metre intervals) to be installed on all guy wires of the mast have been submitted to and approved by the Planning Authority in consultation with Scottish Natural Heritage.   The approved deflectors shall be installed on the mast for the duration of its installation and any that break or become detached shall be replaced.

 

Reason:          In the interest of nature conservation to protect important bird species, as the application site is located within an important area for raptors, principally Golden Eagle, which are specifically protected under Annex 1 of the EEC Birds Directive 1979 and  Schedule 1 of the Wildlife and Countryside Act 1981 (as amended).

 

3.           The development shall be implemented in accordance with the details specified on the application form dated 25/06/10 and the approved drawing reference numbers:

 

Plan 1 of 2 (Drawing Number ANM – 001)

Plan 2 of 2 (Drawing Number ANM – 002)

 

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

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

 

(Ref:  Report by Head of Planning and Regulatory Services dated 23 September 2010, submitted and 19 October 2010, tabled)

Report by Head of Planning and Regulatory Services

The Head of Planning and Protective Services advised that that application was in respect of the siting of a standby generator at the hospital.  He advised that the large open spaced area gave a buffer to the residential property and that in terms of visual amenity the generator could not been seen from High Street although could be viewed from Wallace avenue.  He advised that he had proposed a condition regarding screening and noise attenuation in terms of the representation from the Environmental Health Officer.  He recommended that planning permission be approved subject to the conditions and reasons contained within his report.

 

Decision

 

Agreed to grant planning permission subject to the undernoted conditions and reasons:-

 

1.        That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997)

 

2.      The development shall be implemented in accordance with the details specified on the approved drawings: Drawing Number. 10011 00A; Drawing Number. 10017 01D; Drawing Number. 10017 03M; Drawing Number. 10017 20; and Drawing Number. 10017 21A unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

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

 

3.      Additional sound reduction measures should be taken to ensure that calculated noise levels, arising from the operation of the generator, shall not increase pre-determined ambient background noise levels, as agreed with the Planning Authority, by more than 3dB at the nearest noise-sensitive property.  All measurements shall be taken in accordance with BS 4142: 1997.  Such measures shall include erecting a suitable barrier around the generator to reduce both sound transmission and the visual impact of the generator.  A competent person such as a noise consultant must be appointed to identify suitable sound reduction measures.

 

The sound reduction measures that are agreed shall be implemented prior to the first operation of the generator.

 

Reason: In the interests of visual amenity and no such details having been submitted.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 30 September 2010, submitted)

 

Report by Head of Planning and Regulatory Services

The Committee had, at their September 2010 meeting, agreed that this application be continued to explore the alternative siting of the shelter to a less intrusive location and to seek confirmation of the Council’s interest in the application (if any).  A report updating the Committee was considered which advised that the applicant had not submitted any further information in respect of this request.

 

Decision

 

Agreed to continue the application for a further month to allow the opportunity for submission of further/amended details by the applicant and to instruct the Head of Planning and Regulatory Services to take a more proactive approach by asking the Local Planning Officer to visit the applicant to progress the matter.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 6 October 2010, submitted)

Report by Head of Planning and Regulatory Services

On 19 May 2010 the Committee had agreed to grant permission to fell a number of conservation area trees within Kilmartin Burial Ground subject to a scheme to provide replacement trees.  Following this decision, the Council’s Horticultural Officer had advised that it would be impractical to replant within the cemetery grounds and that attempts to agreed to plant on third party land outwith the site had been unsuccessful.  Due to this material change in circumstances, the Committee were invited to reconsider their earlier decision.

 

Decision

 

Agreed to fell the ten trees identified within the application (09/01778/TPO) without the previously identified requirement for compensatory planting.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 5 October 2010, submitted)

 

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following 3 items 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 Planning and Regulatory Services

The Committee were invited to consider a report regarding enforcement case 10/00323/ENOTH2.

 

Decision

 

Agreed the recommendation contained within the report dated 8 October 2010 by the Head of Planning and Regulatory Services.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 8 October 2010, submitted)

Report by Head of Planning and Regulatory Services

The Committee were invited to consider a report in relation to enforcement case 10/00204/ENOTH2.

 

Decision

 

Agreed that no enforcement action be taken.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 23 September 2010, submitted)

Report by Head of Planning and Regulatory Services

The Committee were invited to consider a report in relation to enforcement cases 10/00012/ENOTH1, 10/00077/ENOTH2 and 10/00210/ENFORTH2.

 

Decision

 

Agreed that enforcement option 1 within the report by the Head of Planning and Regulatory Services be the preferred course of action and that the Head of Planning and Regulatory Services investigate and expedite the consultation process with Transport Scotland, reporting back on progress to the Committee each month.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 18 October 2010, submitted)

E1             Paragraph 13  Information which, if disclosed to the public, would reveal that the authority proposes-

 

(a)               to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)               to make an order or direction under any enactment.