Venue: Council Chamber, Kilmory, Lochgilphead
Contact: Fiona McCallum Tel. No. 01546 604392
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APOLOGIES FOR ABSENCE Minutes: Apologies for absence were intimated from Councillors Mary-Jean Devon and Fred Hall. |
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DECLARATIONS OF INTEREST Minutes: Councillor James McQueen declared a non financial interest in planning application ref: 12/01248/PP which is dealt with at item 14 of this Minute as he is the applicant. He left the room and took no part in the discussion of this item. Councillor Kinniburgh advised members that he had previously declared an interest in an application which had a limited connection with item 6 of this Minute and exercised his belief that he had no interest nor had he made any comment on that application to be considered today. |
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Additional documents:
Minutes: (a) The Minutes of the Planning, Protective Services and Licensing Committee of 18 June 2012 were approved as a correct record. (b) The Minutes of the Planning, Protective Services and Licensing Committee at 27 June 2012 (9.30 am) were approved as a correct record. (c) The Minutes of the Planning, Protective Services and Licensing Committee of 27 June 2012 (10.00 am) were approved as a correct record. |
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CIVIC GOVERNMENT (SCOTLAND) ACT 1982: LATE HOURS CATERING LICENCES PDF 115 KB Report by Head of Governance and Law Minutes: Members were advised on 15 December 2010 that the Criminal Justice and Licensing (Scotland) Act 2010 amended the provisions of the Civic Government (Scotland) Act 1982 in relation to late hours catering licences. A report updating Members of the position in relation to the changes to Late Hours Catering licensing which will come into force on 1 October 2012 was considered. Decision Noted the contents of the report. (Reference: Report by Head of Governance and Law, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the report advising that this proposal was for the erection of 1 x 77m (to tip) wind turbine with an output generating capacity of 750kw located on land at Gallanach Farm, Isle of Coll. It is recommended that due to the significant number of representations received and complex issues raised in relation to this application a discretionary hearing be held in advance of determining the application. Decision Agreed to hold a discretionary planning hearing on the (Reference: Report by Head of Planning and Regulatory Services dated 1 August 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents:
Minutes: At the PPSL Committee meeting on 27 June 2012 Members agreed to continue consideration of this application in order to obtain clarity on maintenance of the bandstand and to receive further advice on the sustainability of the building materials and sustainability of the site. The Principal Planning Officer spoke to the terms of the report and to Supplementary Planning Report number 1 which provided information on the long term maintenance arrangements for the bandstand and the materials that will be used to erect the bandstand. It is recommended that the application be approved subject to conditions 1 to 3 detailed in the original report and subject to the conclusion of a Section 75 legal agreement to provide that the Applicants are responsible for the maintenance of the bandstand for an initial period of ten years and the Council would be responsible for the on-going maintenance of the bandstand beyond year ten. In the event that this application is granted the strategic management and resource allocation (post year ten) shall need to be considered by the Area Committee and Council before Council commitment is given to the project as a landowner. Decision Agreed to grant planning permission subject to the conclusion of a Section 75 legal agreement to provide that the applicants are responsible for the maintenance of the bandstand for an initial period of ten years and subject to the Agreement of the Council as landowner to accept this obligation that the Council would be responsible for the on-going maintenance of the bandstand beyond year ten and subject to the following conditions and reasons:- 1. The development shall be implemented in accordance with the details specified on the application form dated 10/01/12 and the approved drawing reference 2139..104, 2139..101, 2139..102 and 2139..103 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. Details of the type and colour of the proposed materials to be used on the development hereby granted consent shall be submitted to and approved in writing by the Planning Authority prior to any work starting on site.
Reason: In the interests of
visual amenity and in order to integrate the proposal with its surroundings. 3.
Notwithstanding the details on the docquetted
plans and Condition 2 above, the cupola of the refurbished bandstand hereby
approved will be finished in zinc. Reason: In the interests of
visual amenity and in order to integrate the proposal with its surroundings. (Reference: Report by Head of Planning and Regulatory Services dated 12 June 2012, submitted and Supplementary Planning Report No 1 dated 7 August 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the report advising that this application seeks planning permission to discharge an existing Section 50 Legal Agreement relative to planning permission 91/00418/DET001 which prevents the separate sale of the existing dwellinghouse from Glenorchy Lodge, requiring that they are retained in the same ownership in all time coming. The applicant wishes to remove the restriction because the occupancy restriction is no longer required. Given that current policy allocates the site as suitable for general market housing, and because the house is not physically dependant on the Lodge or inter-connected with it to such a degree as to be indivisible from it, the proposal for an unrestricted house is acceptable. Decision Agreed that planning permission be granted and the Section 50 Agreement (now termed a Section 75 Agreement) be discharged. (Reference: Report by Head of Planning and Regulatory Services dated 7 August 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents:
Minutes: The Head of Planning and Regulatory Services spoke to the terms of the report advising, firstly, of 2 errors within the report. He confirmed that the spelling of the site name should be “Coille Haulage” and not “Collie Haulage” and that the dimensions of the proposed building are 22 x 19 metres and not 57 x 50 metres as detailed in the report. This proposal seeks consent to erect a building within the site at an intended 446 sq. metres contained within a ‘Rural Opportunity Area’ where policy STRAT DC 4 applies along with policy LP BUS 2 in respect of commercial buildings which normally restrict development proposals to ‘small scale’ which is specified within the Local Plan as a building up to 200 sq. metres. However, both policies allow for larger buildings where the applicant can demonstrate a clear locational need for the specific location and that the development proposed can integrate sympathetically with the landscape following an ACE (Landscape Capacity Evaluation) having been carried out; economic justification also being a potential criteria. Prior to assessing this application Members were asked to consider the separate ACE evaluation for Tomdow, near Balliebeg/Castleton. Having due regard to the siting, size, form and design of the building and the other operational features of this development, linked to the locational justification for it and an assessment of the carrying capacity of the landscape through an ACE evaluation, the proposal is recommended for approval subject to conditions 1, 2, 4, 5 and 6 detailed in the report and an amendment to condition 3. Decision Agreed that the Area Capacity Evaluation (ACE) appended to the report be adopted as a material consideration in the determination of this application and any future application within the defined area of common landscape character and to grant planning permission subject to the following conditions and reasons:- 1.
The
proposed development shall be carried out in accordance with the details
specified in the application form dated 18.02.2012 and the approved drawings
numbered 1 to 9 to 9 of 9 inclusive 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: In
order to ensure that the proposed development is carried out in accordance with
the details submitted and the approved drawings. 2.
Development
shall not be commenced until the junction with the A83 (T) has been improved to
the satisfaction of the Trunk Roads Authority in accordance with the requirements
of conditions 2 and 3 of planning permission 11/00991/PP (refer to the advice
note below) and the two lorry lay-by passing places on the access road have
been completed in accordance with the requirements of condition 4 of that
consent. Reason: In the
interest of highway safety. 3.
Within 3 months of this consent full
details of the proposed boundary fence / gates shall be submitted for the prior
written approval of the Planning Authority. Upon approval of the boundary fence
/ gate details the approved scheme shall be implemented to the satisfaction of
the Planning Authority prior to the building hereby approved becoming
operational. Reason: In the interests of the amenity
of the area. . 4.
Within
the first planting season following the commencement of the development, the
landscaping proposals specified in respect of the south-western corner of the
site as shown on the approved plans shall be implemented to the satisfaction of
the Planning Authority. Any trees or plants which within a period of ten years from
the completion of the development die, for whatever reason or are removed or
damaged shall be replaced in the next planting season with others of the same
size and species, unless otherwise agreed in writing with the Planning
Authority. Reason: To ensure the implementation of a
satisfactory scheme of landscaping and treatment to help assimilate the
building into its landscape setting. 5.
The
building shall be completed in accordance with the materials specified in the
application details, unless any variation thereof is agreed in writing in
advance with the planning Authority. . Reason: In the
interest of the amenity of the area. 6.
Notwithstanding
the provisions of Classes 5 and 6 of the Town and Country Planning (Use Classes)
(Scotland) Order 1997 (or any equivalent provisions following the revocation
and re-enactment thereof, with or without modifications) the building shall be
occupied solely as a civil engineering / haulage contractor’s workshop,
provided that the primary business of the occupier is associated with forestry
operations and/or timber haulage. Reason: To
safeguard the site for its intended purpose as accepted in connection with the
granting of planning permissions 10/00915/PP and 11/00991/PP and in recognition
of the locational need underpinning this consent. (Reference: Report by Head of Planning and Regulatory Services dated 20 July 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Head of Planning and Regulatory Services spoke to the terms of the report advising that this proposal was for the use of land as community allotments including the formation of access, car park provision of passing places on site access, erection of a communal shed, poly tunnels and potting sheds and glasshouses at land north east of Castle Croft, Tobermory, Isle of Mull. He also referred to supplementary planning report number 1 advising that following further consideration as to the merits of this application, the matter of on-going management and maintenance of the site, and restoration in the event that the venture proves not to be successful and the use becomes abandoned, have been raised with the Applicants. It is recommended therefore that the application be continued to the September meeting of the Committee to provide sufficient opportunity for management, maintenance and reinstatement considerations to be addressed by the Applicant. Decision Agreed to continue consideration of this application to the September PPSL Committee meeting. (Reference: Report by Head of Planning and Regulatory Services dated 26 July 2012 and Supplementary Planning Report No 1 dated 13 August 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the
report advising that this application is for the erection of a residential
development comprising 36 flatted units within 2 no. 3 storey blocks and 13 no
houses located in the south east part of the former Decision Agreed to hold a discretionary hearing in Helensburgh at the earliest opportunity. (Reference: Report by Head of Planning and Regulatory Services dated 20 July 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Head of Planning and Regulatory Services spoke to the
terms of the report advising that this application was before the Committee as
the Council were owners of the building.
This proposal is for a change of use and alterations from public
convenience to Class 1 shop at the former public toilet building, Decision Agreed to grant planning permission subject to the following condition and reason:- The development shall be implemented in accordance with the details specified on the application form dated 20th of April 2012 and the approved drawing reference numbers: Plan 1 of 10 (Cover Sheet) Plan 2 of 10 (Site Proposed) Plan 3 of 10 (Existing) Plan 4 of 10 (Elevations as proposed) Plan 5 of 10 (Elevations as proposed) Plan 6 of 10 (Floor plan as proposed) Plan 7 of 10 (Cross sections as proposed) Plan 8 of 10 (Long sections as proposed) Plan 9 of 10 (Signage details as proposed) Plan 10 of 10 (3D images as proposed) 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. (Reference: Report by Head of Planning and Regulatory Services dated 25 July 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the report advising that this planning application by Argyll and Bute Council is for the conversion of a restaurant/bar to a multi function area as part of the Queen’s Hall complex located in the main town settlement of Dunoon within the Main Town Centre. The restaurant/bar was previously separated from the Queen’s Hall around 1991 but has been vacant recently and now to be used for a number of functions within Queen’s Hall. The proposal involves only minor internal alterations in respect of creating a locked door link from the first floor of the main building. The bar and backroom area will remain as existing. The proposal is now retrospective as part of the former restaurant area is now being used for leisure purposes and the new door has been formed. The proposal to reunite this part of the building with the main Queen’s Hall building is considered acceptable and consistent with policies LP ENV 19, LP REC 1 and LP TRAN 6 of the Argyll and Bute Local Plan and is recommended for approval subject to conditions and reasons. Decision Agreed to grant planning permission subject to the following condition and reason:- The development shall be implemented in accordance with the details specified on the application form dated 16 May 2012 and the approved drawing reference numbers: Location Plan and Site Plan AL (00)001 and AL (00)001 Proposed Plan Accompanying Licence Application, 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. (Reference: Report by Head of Planning and Regulatory Services dated 9 July 2012, submitted) |
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Report by Head of Planning and Regulatory Services Additional documents:
Minutes: The Principal Planning Officer spoke to the terms of the report advising that this was an application for the renewal of planning permission ref 06/1710/DET granted on 26 June 2007. Since the previous permission was granted the Argyll and Bute Local Plan 2009 has been adopted. Whilst this has not significantly changed the policy context for this site, Policy LP HOU 2 was introduced by the plan and which provides for a 25% affordability obligation upon developments of 8 units or more. Reference was also made to other factors that should be taken into account in this case. The proposal accords with policy STRAT DC 1 and STRAT DC 9 of the Argyll and Bute Structure Plan 2002, and policies LP ENV 10, LP ENV 14, LP ENV 19, LP HOU 1 and LP TRAN 4 of the Argyll and Bute Local Plan 2009. It can be justified as a ‘minor departure’ from the affordability obligations stemming from LP HOU 2 of the adopted local plan given the over provision of low cost accommodation on the Isle of Bute and the consequent lack of demand for additional affordable accommodation within the market area associated with the site. Notwithstanding the views expressed by third parties, the proposal raises no other new material considerations beyond those considered at the time of the previous granting of planning permission and there is no justifiable reason for withholding a renewal of that consent. Although a significant number of persons have made representations, this application is for renewal of a previous consent granted by Members of Bute and Cowal Area Committee following a PAN 41 hearing. Reference was made to representations tabled at the meeting from Councillor Robert E Macintyre and Councillor Isobel Strong and also to late representations received from the owners of Southpark and Hawkstone Lodge, neighbouring properties to the proposed development. As the vast majority of the same issues apply now and in the absence of any significant change in circumstances since the granting of the original permission, there would be no added value in convening a further hearing in this case. Decision Agreed to grant planning permission as a ‘minor departure’ to the provisions of the Development Plan, subject to the following conditions and reasons:- 1. The development shall be implemented in accordance with the approved drawings: Drawing Number 0553/P1; Drawing Number 0553/P2A; Drawing Number 0553/P3A; Drawing Number 0553/P4; and Drawing Number 10976/SK2 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. 2. The development hereby permitted shall not commence until final details of foul and surface water drainage systems, including the position of the final outfall, and a scheme for the maintenance in perpetuity of the approved systems have been completed and approved in writing by the Planning Authority. Reason: To ensure that adequate
and timeous drainage arrangements are made and to ensure the on-going
maintenance of the method of sewage treatment in the interests of the residential
amenity and public health of existing and future occupiers in the area. 3. None of the dwellings hereby approved shall be occupied until the sewage disposal/drainage works have been completed in accordance with the approved plans. Reason: In the interests of
public health and in order to ensure that adequate and timeous drainage
arrangements are made. 4. The proposed access shall be formed in accordance with fig 10.16 of the Council’s Development Guidelines and shall have visibility splays of 215.0m x 2.5m metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height. Reason: In the interests of road safety. 5.
The access serving this
site shall be a Road over which the public has a right of access in terms of
the Roads (
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the report advising that this application seeks planning permission to discharge an existing Section 50 Legal Agreement (now Section 75) relative to planning permission 01/94/1089 which tied the ownership of the permitted dwellinghouse to the farm and all of its land holding in order to comply with the provisions of the Council’s development plan Settlement Strategy which was applicable at that time. In view of the revised policy provisions of the Argyll and Bute Local Plan 2009 a request has been submitted by the owners of Dunamuck Farm to have the Section 50 amended, in order to remove the tie between the ownership of the dwelling and the farm. It is now considered that the Section 50 Agreement in relation to this dwelling is no longer required in light of both the reduced labour requirements of the holding and the change to Development Plan policy which would now support development of the site in questions without any operational justification. In the event that the agreement is removed the applicant should be made aware that the decision to do so would be a material consideration in the event of any future case being advanced for a further dwelling on the basis of agricultural need. Agreed 1. Agreed that planning permission be granted and the Section 50 Agreement (now termed a Section 75 Agreement) be discharged; and 2. Noted that the Applicant is aware of the need to apply to seek to vary the conditions attached to the planning permission for the house to remove the occupancy restriction. (Reference: Report by Head of Planning and Regulatory Services, submitted) |
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Having previously declared an interest in the following item Councillor James McQueen left the room and took no part in the discussion of this item. |
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Report by Head of Planning and Regulatory Services Additional documents: Minutes: The Principal Planning Officer spoke to the terms of the report advising that this was a Council Interest application as it has been submitted on behalf of Dunoon Boxing Club by Councillor James McQueen. The proposal is for the erection of a single storey building to provide a new facility for Dunoon Amateur Boxing Club. In terms of the Argyll and Bute Local Plan the application site is located in the main town settlement of Dunoon at Dunoon Stadium. The proposal to provide a dedicated boxing club is considered acceptable and consistent with policies LP ENV 19, LP REC 1 and LP TRAN 6 of the Argyll and Bute Local Plan and there are no grounds which would warrant the withholding of consent. Decision Agreed to grant planning permission subject to the following condition and reason:- The development shall be implemented in accordance with the details specified on the application form dated 8 June 2010 and the approved drawing reference numbers: 1:1250 Location Plan 1:500 Site Plan 1:50 Layout as Proposed 1:100 Elevations and Section dated June 2012, 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 ( Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. (Reference: Report by Head of Planning and Regulatory Services dated 9 July 2012, submitted) |
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Councillor James McQueen returned to the meeting. |
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DEVELOPMENT MANAGEMENT ENFORCEMENT AND MONITORING CHARTER PDF 59 KB Report by Head of Planning and Regulatory Services Additional documents: Minutes: Consideration was given to a new Monitoring and Enforcement Charter giving information on the procedures and powers available to the Council to ensure the planning laws are upheld and the standards of service our customers can expect from the Development Management service. The purpose of the Charter is to increase the public’s awareness of planning enforcement, explain what enforcement means, advise what the Council can do and explain how the Council carried out the enforcement service. It also explains how the public have an important role as part of the planning enforcement process and how the Council often relies on the public to draw its attention to breaches of planning control. Decision 1. Noted the contents of the report; 2. Endorsed the Charter as technical guidance for Officers to follow; 3. Supported the content of the Monitoring and Enforcement Charter; and 4. Agreed that a copy of the Charter be submitted to the Scottish Government for their information and that the Charter be reviewed in 2 years time. (Reference: Report by Head of Planning and Regulatory Services dated 10 August 2012, submitted) |
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UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING DECISIONS PDF 217 KB Report by Head of Planning and Regulatory Services Minutes: Consideration was given to a report advising of recent appeal decisions by the Scottish Government Directorate in relative to the erection of dwellinghouse and detached garage and formation of new vehicular access at 7 Laggary Park, Rhu and to the erection of a class 1 retail store and associated development at land at the site of the former gas works, Argyll Street/Hamilton Street, Dunoon. Decision Noted the contents of the report. (Reference: Report by Head of Planning and Regulatory Services dated 1 August 2012, submitted) |
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The
Committee resolved in terms of Section 50(A)(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. Councillor
Donald MacMillan left the meeting at 12.40 pm. |
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PROPOSED WOODLAND TREE PRESERVATION ORDER Report by Head of Planning and Regulatory Services Minutes: A report recommending confirmation, with modifications, of a
Tree Preservation Order (TPO) on an area of woodland south of Decision Agreed that the TPO should be confirmed as a modified Order, excluding the entirety of the garden ground in the ownership of the Objector. (Reference: Report by Head of Planning and Regulatory Services, submitted) |