Agenda and minutes

Planning, Protective Services and Licensing Committee - Wednesday, 15 December 2010 10:45 am

Venue: Council Chamber, Kilmory, Lochgilphead

Contact: Melissa Stewart Tel. No. 01546 604331 

Items
Note No. Item

1.

MINUTES pdf icon PDF 82 KB

Additional documents:

Minutes:

(a) The Minutes of the Planning, Protective Services and Licensing Committee of 5 November 2010 were approved as a correct record.

 

(b) The Minutes of the Planning, Protective Services and Licensing Committee of 12 November 2010 were approved as a correct record.

 

(c) The Minutes of the Planning, Protective Services and Licensing Committee of 17 November 2010 (10.00am) were approved as a correct record.

 

(d) The Minutes of the Planning, Protective Services and Licensing Committee of 17 November 2010 (10.45am) were approved as a correct record.

2.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982: AMENDMENTS TO THE ACT IN TERMS OF CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010 pdf icon PDF 67 KB

Report by Head of Governance and Law

Minutes:

Several of the provisions of the Civic Government (Scotland) Act 1982 are amended by the introduction of the Criminal Justice and Licensing (Scotland) Act 2010.  The Committee were invited to consider a report which sets out the changes and their potential impacts.

 

Decision

 

1.    Noted the changes and approved the recommendations in relation to market operation and public entertainment licences as contained within the submitted report at paragraphs 4.1 and 3.5 respectively.

 

2.    Noted that a report on staggering the renewal process should be brought to this Committee once a full assessment of options is conducted.

 

(Ref:  Report by Head of Governance and Law dated 15 December 2010, submitted)

3.

JOHN MCNAUGHTON: APPLICATION FOR ERECTION OF DWELLINGHOUSE, FORMATION OF VEHICULAR ACCESS AND INSTALLATION OF SEPTIC TANK: SITE 1, LAND 200M SOUTH OF SALTHOUSE, COLINTRAIVE (REF: 08/00607/DET) pdf icon PDF 139 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Principal Planning Officer spoke to the history of the application advising that the application had last been considered by the (then) Protective Services and Licensing Committee who has resolved that the application should be continued until such time as a landscape capacity study had been undertaken.  This study was approved by the Bute and Cowal Area Committee on 7 December 2010 and the application had therefore been brought to this meeting for consideration.

 

The Principal Planning Officer advised that the study was now a material consideration in respect of this application and explained that reasons 1 and 4 within the earlier recommendation were no longer relevant although recommendations 2 and 3 which related to siting and design were still applicable.

 

He then advised that there had been contact from the applicant’s agent yesterday in which they had sought for a continuation of the application in order to establish whether there could be less intrusive engineering works to accommodate the development and to work towards bring forward a proposal which the Planning Authority could support.

 

Decision

 

Agreed to continue the application to allow further discussions to take place between the Planning Authority and the applicant.

 

(Ref:  Reports by Head of Planning and Regulatory Services dated 15 December 2010 and 25 November 2008, submitted)

4.

MARK NEWALL: APPLICATION FOR FORMATION OF PRIVATE ACCESS TRACK: ROWALEYN, GLENARN ROAD, RHU (REF: 10/00490/PP) pdf icon PDF 127 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Head of Planning and Regulatory Services spoke to the application advising that the formation of the access formed a tortuous route involving the removal of trees, shrubs and open garden ground.  He explained that the sloping was so considerable on the site that there would be substantial cut and fill required.

 

The Head of Planning and Regulatory Services advised that his recommendation was for refusal of the application.  However, the applicant had recently entered into good discussions with the Planning Authority and as a result of this had sought a 2-3 month continuation to allow negotiations to progress.

 

Decision

 

Agreed to continue the application for a period of 3 months to allow further negotiations between the Planning Authority and applicant regarding formation of an alternative access route.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 25 November 2010, submitted)

5.

ECOS CONSTRUCTION: APPLICATION FOR ERECTION OF 33 FLATS, VEHICULAR ACCESS AND LANDSCAPING: 113 MARINE PARADE, KIRN, DUNOON (REF: 10/01532/PP) pdf icon PDF 180 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Principal Planning Officer advised that the application had been referred to the Committee on the basis that the Council had an ownership interest in the site.  He outlined the proposals for the development and the negotiations with the applicant which had resulted in the original proposals for car parking provision, design of the roof and close proximity to Fountain Key being amended.  These amended proposals were a suitable alternative to the original scheme and therefore his recommendation was that the application be approved.

 

Decision

 

Agreed to grant planning permission subject to the following 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 proposed development shall be carried out in accordance with the details specified

in the application form dated 8th September 2010; and the approved amended

drawings received 22nd November 2010 which are numbered: 09.130.10_L

(Proposed Site Plan); 09.130.01_C (Site Plans – Existing & Proposed); 09.130.15_1

(Proposed Elevations Sheet 1 to Flatted Block ‘A’); 09.130.16_G (Proposed

Elevations Sheet 2 to Flatted Block ‘A’); 09.130.14_D (Marine Parade Elevations);

09.130.13 - 1 (Proposed Flat Type Floor Plans); 09.130.12 - M (Proposed

First/Second Floor Plan); 09.130.11 – P (Proposed Ground Floor Plan and Flat Type

Plans all stamped approved by Argyll and Bute Council.

 

 

 

Reason:

In order to ensure that the proposed development is carried out in accordance with

the details submitted and the approved drawings.

 

 

 

3.

No works in connection with the development hereby approved shall take place

unless a scheme of hard and soft landscaping works has been submitted to and

approved in writing by the Planning Authority.  Details of the scheme shall include:

 

(i)    Existing and proposed finished ground levels relative to a fixed datum point;

(ii)   Existing landscape features and vegetation to be retained;

(iii)  Existing and proposed services including cables, pipelines and substations;

(iv) The location of new trees, shrubs, hedges, grassed areas and water features;

(v)       A schedule of plants to comprise species, plant sizes and proposed numbers  

      and density;

(vi)     The location, design and materials of all hard landscaping works including walls,

       fences, gates, and street furniture;

(vii)   An indication of existing trees, shrubs and hedges to be removed;

(viii)   A programme for the completion and subsequent maintenance of the proposed

         landscaping

 

All soft and hard landscaping proposals shall be carried out in accordance with the

approved scheme and shall be completed during the planting season immediately

following the commencement of the development or such other date as may be

agreed in writing with the Planning Authority.  Any planting, which, within a period of

ten years from the completion of the development, in the opinion of the Planning

Authority is dying, being severely damaged or becoming seriously diseased, shall

be replaced by plants of similar size and species to those originally required to be planted.

 

 

Reason:

To ensure the implementation of a satisfactory scheme of landscaping which will help

to integrate the proposed development into the local landscape in the interests of the

visual amenity of the area.

 

 

4.

Prior to any works commencing, full details of a scheme to protect the trees that

are to be retained within the site (as shown on the Landscape Masterplan drawing

ref. LO1 Rev H from TGP Landscape Architects approved under 08/00662/DET)

shall be submitted to and approved in writing by the Planning Authority.  No trees

identified for being retained shall be felled, lopped, topped or removed without the

prior written approval of the Planning Authority.

 

 

Reason:

In order to protect the existing woodland area and other trees within the site in

accordance with Policy ENV 7: Development Impact on Trees/Woodland of the Argyll

& Bute Local Plan (adopted 2009).

 

 

5.

No development in connection with the permission hereby approved shall take

place unless samples of all the materials to be used in the external finish for the

proposed development (including harling texture and colour) have been submitted

to and approved in writing by the planning authority.  The development shall be

carried out in complete accordance with the approved details or such alternatives

as may be agreed in writing with the Planning Authority.

 

 

Reason:

In order to integrate the development into its surroundings and in accordance with

the provisions of policy ENV 19 of the Argyll & Bute Local Plan (adopted 2009).

 

 

6.

Full details and/or samples of the proposed roofing materials shall be submitted for

the written approval of the planning authority prior to the commencement of any

works on site. The development shall be implemented in accordance with the duly

approved details.

 

 

Reason:

In order to ensure that the materials are appropriate to the character of the area and

sympathetic to established roofing materials in the area.

 

 

7.

No development in connection with this development hereby approved shall take

place unless a revised Drainage Strategy drawing incorporating Sustainable

Urban Drainage Systems and a revised Drainage Impact/Flood Risk Assessment

(previously approved under 08/00662/DET) which take account of the proposed

amendments have been submitted to and approved in writing by the Planning

Authority in consultation with the Councils Flood Risk Officer, Area Roads, SEPA

and Scottish Water.  The development shall not be occupied until the agreed drainage

system has been provided and is fully operational.

 

 

Reason:

To ensure the site is adequately drained to meet Best Management Practice and to

prevent pollution of watercourses in accordance with Policy SERV 2: Sustainable Urban

Drainage Systems of the Argyll & Bute Local Plan (adopted 2009).

 

 

8.

Prior to commencement of any development, a detailed construction method

statement for this site shall be submitted to and agreed in writing with the Planning

Authority, in consultation with the Scottish Environment Protection Agency.  This

method statement shall address the temporary measures proposed to deal with

surface water run-off during construction and prior to the operation of the final

Sustainable Urban Drainage System.

 

 

Reason:

In order to prevent potential pollution of the  ...  view the full minutes text for item 5.

6.

ISLE OF LUING COMMUNITY TRUST: DEMOLITION OF UNLISTED BUILDING IN CONSERVATION AREA: LAND SOUTHEAST OF CULLIPOOL HOUSE, CULLIPOOL, ISLE OF LUING (REF: 10/01348/CONAC) pdf icon PDF 137 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Principal Planning Officer advised that this application was in respect of demolition of an unlisted building and was linked to the next agenda item.  He advised that there was conflicting views regarding whether the remains could be incorporated into the proposed development and as such suggested that the Building Standards Team look at this or if this was not appropriate, a third structural report would be commissioned. 

 

The Principal Planning Officer reported that both applications had attracted a significant level of interest within a small community and therefore his recommendation was that a discretionary hearing take place.

 

Decision

 

Agreed to hold a discretionary hearing in Cullipool Hall on a date yet to be determined.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 24 November 2010, submitted)

7.

ISLE OF LUING COMMUNITY TRUST: APPLICATION FOR ERECTION OF BUILDING INCORPORATING MUSEUM, LICENSED CAFE, EXHIBITION/FUNCTION ROOM AND OFFICE, LAND EAST OF CULLIPOOL HOUSE, CULLIPOOL, ISLE OF LUING (REF: 10/01059/PP) pdf icon PDF 209 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Principal Planning Officer spoke to the re-development proposal advising that the application had attracted 134 objectors and 89 supporters.  In view of the level of objection in such a small community he recommended that a discretionary hearing take place before determining the application.

 

Decision

 

Agreed to hold a discretionary hearing in Cullipool Hall on a date yet to be determined.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 24 November 2010, submitted)

8.

ARGYLL AND BUTE COUNCIL: APPLICATION FOR UPGRADING AND PARTIAL RE-ALIGNMENT OF EXISTING TRACKS AND FOOTPATHS TO FORM HARD SURFACED SHARED-USE WALKING AN CYCLING PATH: DUNOLLIE ESTATE WOODLAND, GANAVAN ROAD, OBAN (REF: 10/01531/PP) pdf icon PDF 112 KB

Report by Head of Governance and Law

Additional documents:

Minutes:

The Principal Planning Officer advised that this was a council interest application in relation to provision of a hard surfaced shared walking and cycling path.  He advised that there had 5 representations in relation to the application which mainly related to vehicular use.  He stated that the Roads Authority had indicated that the proposals were acceptable providing appropriate signage was in place given access was for a limited number of rural properties. Although these were material considerations, none of the representations were of sufficient weight to change the recommendation which was for approval of the application.

 

Decision

 

Agreed to grant planning permission subject to the following 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 application form dated 1 September 2010 and the approved drawing reference numbers:

 

Plan 1 of 7 (Location Plan at scale of 1:2,500)

Plan 2 of 7 (Location Plan for Planning Consent at scale of 1:500)

Plan 3 of 7 (Location Plan for Planning Consent at scale of 1:500

Plan 4 of 7 (General Arrangement at scale of 1:1,000)

Plan 5 of 7 (Details and Sections at scale 1:25, 1:50)

Plan 6 of 7 (Details and Sections at scale 1:25, 1:100)

Plan 7 of 7 (Details and Sections at scale 1:50, 1:200)

 

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 25 November 2010, submitted)

9.

R.N.L.I: APPLICATION FOR RELOCATION OF FUEL TANK TO PERMANENT SITE AND INSTALLATION OF PROJECTING PLATFORM ACCESS LADDER: PORT ASKAIG PIER, PORT ASKAIG, ISLE OF ISLAY (REF: 10/01662/PP) pdf icon PDF 76 KB

Report by Head of Planning and Regulatory Services

Additional documents:

Minutes:

The Principal Planning Officer advised that this was another Council interest application in respect of the relocation of a fuel tank to a permanent site.  He reminded the Committee that they had previously granted a temporary consent which was required until a permanent site was identified.  As this has now been identified, an application was submitted and was before the Committee with a recommendation for approval.

 

Decision

 

Agreed to grant Planning Permission subject to the following 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 proposed development shall be carried out in accordance with the details specified in the application form dated 22nd September 2010; and the approved drawing numbered 1 of 1; and stamped approved by Argyll and Bute Council.

 

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

 

Standard Note: In terms of condition 2 above, the council can approve minor variations to the approved plans in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997 although no variations should be undertaken without obtaining the prior written approval of the Planning Authority. If you wish to seek any minor variation of the application, an application for a non material amendment (NMA) should be made in writing to Planning Services, Dalriada House, Lochgilphead, PA31 8ST which should list all the proposed changes, enclosing a copy of a plan(s) detailing these changes together with a copy of the original approved plans. Any amendments deemed by the Council to be material, would require the submission of a further application for planning permission.

 

(Ref:  Report by Head of Planning and Regulatory Services dated 25 November 2010, submitted)

10.

TREE PRESERVATION ORDER AT LOCHGAIR (TPO 04/10) pdf icon PDF 49 KB

Report by Head of Planning and Regulatory Services

Minutes:

The Principal Planning Officer advised that confirmation of an amended Tree Preservation Order (TPO) in respect of trees growing on land at Lochgair east of the War Memorial within extensive grounds of ‘Caberfeidhe’ and ‘Tigh na Tobar’ was sought following representations received in respect of the provisional order (Reference 4/10).

 

Decision

 

Agreed to adjust the Order in relation to the protected specimens and areas of exclusion close to buildings, as described and modified in section 4 of the submitted report and that the modified Order now be confirmed as the Lochgair Tree Preservation Order 04/10.

 

(Ref:  Report by Head of Planning and Protective Services dated 15 December 2010, submitted)

11.

TREE PRESERVATION ORDER AT CARSAIG, TAYVALLICH (TPO 11/10) pdf icon PDF 60 KB

Report  by Head of Planning and Regulatory Services

Minutes:

The Principal Planning Officer advised that confirmation of an amended Tree Preservation Order (TPO) in respect of trees growing on land at Carsaig on the landward side of the shore road within the extensive lands of ‘Westwood’ and ‘Canna’ was sought following representations received in respect of the provisional order (Reference 11/10).

 

Decision

 

1.    Agreed to adjust the Order in relation to (a) the boundary of the provisional order as modified in the submitted report and as identified in plan one (b) the protected specimens and (c) the management of certain trees within the area, as described and modified in section 4 of the submitted report.

 

2.    Agreed to confirm the modified order as the Carsaig Tree Preservation Order 11/10.

 

(Ref:  Report by Head of Planning and Protective Services dated 15 December 2010, submitted)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the 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.

E1

12.

ENFORCEMENT REPORT: 10/00012/ENOTH1

Report by Head of Planning and Regulatory Services

Minutes:

The Principal Planning Officer outlined 2 options available to the Committee in respect of the enforcement case.

 

Decision

 

Agreed to request that a retrospective planning application be submitted for the works within the next 3 months and that failing this, enforcement action be taken by the Planning Authority.

 

(Ref:  Reports by Head of Planning and Regulatory Services dated 7 April, 19 April, 18 October and 2 December 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.