Agenda and minutes

Apologies for absence were intimated from Councillors Gordon Blair, Mary-Jean Devon, George Freeman and Donald MacMillan.

Councillor Alex McNaughton declared a non financial interest in relation to planning application reference 12/02153/ADV.  He left the room and took no part in the discussion of this application which is dealt with at item 13 of this Minute.

 

Councillor Robert G MacIntyre declared a financial interest in relation to planning application reference 12/01287/PPP as he is the Applicant.  He left the room and took no part in the discussion of this application which is dealt with at item 6 of this Minute.

(a)        The Minutes of the Planning, Protective Services and Licensing Committee of 25 September 2012 at 10.30 am (reconvened on 17 October 2012 at 10.40 am) were approved as a correct record.

 

(b)        The Minutes of the Planning, Protective Services and Licensing Committee of 17 October 2012 at 10.00 am were approved as a correct record.

 

(c)        The Minutes of the Planning, Protective Services and Licensing Committee of 17 October 2012 at 10.20 am were approved as a correct record.

 

(d)        The Minutes of the Planning, Protective Services and Licensing Committee of 17 October 2012 at 11.00 am were approved as a correct record.

 

(e)        The Minutes of the Planning, Protective Services and Licensing Committee of 17 October 2012 at 1.50 pm were approved as a correct record.

 

(f)          The Minutes of the Planning, Protective Services and Licensing Committee of 18 October 2012 were approved as a correct record.

 

(g)        The Minutes of the Planning, Protective Services and Licensing Committee of 31 October 2012 at were approved as a correct record.

 

(h)        The Minutes of the Planning, Protective Services and Licensing Committee of 5 November 2012 were approved as a correct record subject to the following amendments:-

 

Final sentence in Sum Up by Planning Officer should read “He asked that Members disregard the suggestion of a temporary approval for 5 years as it had been found to be unreasonable in the view of a Government Reporter in view of the capital investment required to site a fish farm as a temporary consent would not be implementable and would be tantamount to a refusal”.

 

First sentence in third paragraph under Debate – “Councillor Colville” should be amended to read “Councillor Currie”.

 

 

Report by Head of Planning and Regulatory Services

The Council is the statutory food authority under the Food Safety Act 1990 and this work is undertaken by Environment Health within Regulatory Services.

 

During 13 – 15 September 2011 the Food Standards Agency carried out an audit of the Council’s work in the approved sector and identified three major areas of best practice relating to the Council’s comprehensive inspection procedures and some areas for improvement.  An action plan was approved by the PPSL Committee on 19 October 2011 and a report advising Members on the current position was before the Committee for consideration.

 

Decision

 

1.        Noted that the audit report of September 2011 has been signed off by the Food Standards Agency and recognised the work undertaken to continue this “clean bill of health”; and

 

2.        Noted that the Council’s Environmental Health service provides a risk based proportionate approach to enforcement to working with businesses and to protection of food safety and public health and, together with this health protection remit, also supports the local economy enabling businesses to trade nationally and internationally.

 

(Reference: Report by Head of Planning and Regulatory Services, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of a report advising that with reference to the Argyll and Bute Development Plan 2009, the application site was situated within the development zone identified as “Sensitive Countryside”.  Policy STRAT DC 5 applies a general presumption against development in the open countryside other than in special cases.  This application is being recommended for approval on the basis of the economic, cultural and community benefits it will deliver.  Prior to assessing this application Members were asked to consider a separate Area Capacity Evaluation (ACE) for Barcaldine Castle, Letterwalton.  The proposal represents a form of small scale development with economic benefits and the ACE undertaken during the assessment of the application demonstrated that the proposal will integrate sympathetically with the landscape and settlement pattern of the immediately surrounding area and would not adversely affect the diversity of the land uses or the elevated wooded ridges which give enclosure and intimacy to discrete development in this area.  No objections were received from statutory consultees, 1 objection was received from a third party and 23 representations of support were received.  It is considered that with planning conditions and the conclusion of a Section 75 Agreement as detailed in the report the proposal satisfies Policies STRAT SI 1, STRAT DC 8, STRAT DC 9, STRAT HO1, LP ENV 9, LP ENV 12, LP ENV 13(a), LP ENV 16, LP ENV 17, LP ENV 19, LP TOUR 1, LP HOU 1, LP HOU 3, LP SERV 1, LP TRAN 4, LP TRAN 6 and LP COM 1.

 

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 prior conclusion of a Section 75 Legal Agreement  as detailed in the report 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 7^th November 2011 and the approved drawing reference numbers:

 

• Plan 1 of 4 (P03) (Location Plan at a scale of 1:10,000)
• Plan 2 of 4 (P01 Rev A) (Site Plan, Cross-Sectional Drawing 1 from north east to south west through the application site and Cross-Sectional Drawing 2 from north west to south east through the application site all at a scale of 1:500)
• Plan 3 of 4 (P02) (Proposed Elevations, Floor and Roof Plans of the Proposed Dwellinghouse and adjoining Muniments Room all at a scale of 1:100)
• Plan 4 of 4 (Sk-03) (Proposed Elevation and Typical Sectional Drawing of the Proposed Retaining Wall all at a scale of 1:20)

 

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 by the Town and Country Planning Etc. (Scotland) Act 2006).

 

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

 

2.        No development shall commence on-site or is hereby authorised until the existing shared private vehicular access at the junction of the UC39 Old Barcaldine Castle public road has been formed in strict accordance with the Council’s Road Engineers Drawing No. (SD 08/004a) with visibility splays measuring 25 metres x 2.4 metres in each direction formed from the centre line of the altered/improved existing shared private vehicular access. No obstructions measuring over 1 metre in height will be permitted within 2 metres from the channel line of the UC39 Old Barcaldine Castle public road.

 

The altered/improved existing shared private vehicular access hereby approved shall be constructed to at least base course level prior to any works commencing on-site and the final wearing surface shall be applied prior to first occupation of the dwellinghouse or opening of the adjoining muniments room hereby approved

 

Reason: In the interests of road safety and to ensure the proposed development is served by a safe means of vehicular access and to accord with Policy ‘LP TRAN 4’ of the Argyll and Bute Local Plan 2009.

 

3.        No development shall commence on-site or is hereby authorised until details of the proposed means of surface water drainage have been submitted to and approved in writing by the Planning Authority. Such details shall include a drainage layout plan which shall include any mitigation measures required to address surface water run-off from the development site. The development shall be completed in strict accordance with such details as are approved.

 

Reason: To ensure that there is a satisfactory drainage system in place for the development, in the interests of health and amenity and environmental protection and to accord with Policies ‘LP ENV 12’ and ‘LP SERV 2’ of the Argyll and Bute Local Plan 2009.

 

4.        No development shall commence on-site or is hereby authorised until details of the proposed means of foul water drainage, including the location, capacity and means of discharge, have been submitted to and approved in writing by the Planning Authority. The development shall be completed in strict accordance with such details as are approved.

 

            Reason: To ensure that foul drainage arising from the development is safely and hygienically disposed of, and because this detail is unclear from the submitted plans.

 

5.        No development shall commence on-site or is hereby authorised until full details of the colour finishes for all external wall, roof, window and doors have been submitted to and approved in writing by the Planning Authority. The development shall be completed in strict accordance with such details as are approved and shall be so maintained thereafter in perpetuity.

 

Reason: To ensure that there is a satisfactory drainage system in place for the development, in the interests of health and amenity and environmental protection and to accord with Policies ‘LP ENV 12’ and ‘LP SERV 2’ of the Argyll and Bute Local Plan 2009.

 

6.        No development shall  ...  view the full minutes text for item 5.

Having previously declared an interest Councillor Robert G MacIntyre left the room and took no part in the discussion of the following item.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this application was before the Committee as the applicant is a Member of the Council.  Planning permission in principle is sought for the erection of 5 houses within the settlement boundary of Rahane.  Rahane is defined as a ‘minor settlement’ within Table C of the adopted Argyll and Bute Local Plan.  As this is an application in principle not all design details have been given, however, the agent has submitted sufficient information to be able to demonstrate that the application site would be capable of accommodating 5 houses in accordance with all other relevant policies contained within the Structure and Local Plans.  The Principal Planning Officer advised that the Applicant’s Agent had questioned the need for a footway which the Roads Officer had advised was a necessary requirement to access the bus stop on the main road.  There have been no objections received from statutory consultees.   4 objections have been received from third parties and a summary of these are contained within the report of handling.  It is considered that the proposal would accord with Development Plan policy subject to the satisfactory fulfilment of the conditions recommended.

 

Decision

 

Agreed to grant planning permission in principle subject to the following conditions and reasons:-

 

1.        Plans and particulars of the matters specified in conditions 3 to10 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.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 11/6/12, supporting information and the approved drawing refs AL(0)01, AL(0)02, AL(0)03B, AL(0)04 and AL(0)05A.  The layout plans reference nos. Al(0)03B and AL(0)05A are for indicative purposes only and are not approved as part of this permission.

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

 

3.        Pursuant to condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority.  The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development.

Reason: To ensure than an adequate means of foul drainage is available to serve the development.

 

4.        Pursuant to Condition 1 – no development shall commence until a Drainage Impact Assessment, which includes a scheme for management of surface water within the development site, has been submitted to and approved by the Planning Authority.  The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development and shall be maintained as such thereafter.

Reason:  To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

5.        Pursuant to condition 1 - no development shall commence until details of a Sustainable Urban Drainage system has been submitted to and approved by the Planning Authority.  This shall be compliant with the guidance set out in CIRIA’s SUDS Manual C697.  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.

 

6.        Pursuant to Condition 1 – no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details.  The scheme shall include details of:

 

(a)        Location, design and materials of proposed walls, fences and gates;

 

(b)        Surface treatment of proposed means of access and hardstanding areas. Road and driveway surfacing shall be a mixture of stone sett type paviours and natural gravel with the exception of the first 2 metres at the access onto Peaton Road which shall be of a bituminous material;

 

(c)        Any proposed re-contouring of the site by means of existing and proposed ground levels including details of any retaining walls.

 

(d)        Full details of the native tree belt to be planted along the entire length of the settlement edge.  This shall include the location, species and size (to BS standard) of each tree.  This tree belt shall be planted during the first planting season following the occupation of the first dwellinghouse hereby approved.

 

(e)        A tree survey of all existing trees along the watercourse on the site, indicating the position of each existing tree, its species, height, canopy width and condition including details of replacement planted where any of the existing trees are of a condition which would warrant their remove.  Details of the replacement trees shall include the location, species and size (to BS standard) of each tree and shall include a timetable for the completion of these works.

 

(f)          Full details of how the existing watercourse which crosses the site will be integrated into the overall scheme;

 

(g)        Full details of how the stone from the existing dykes on the site will be incorporated into the overall scheme.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.

 

7.        Pursuant to Condition 1 – no development shall commence in respect of any individual plot; until plans and particulars of the site layout, design and external finishes of the development within that plot have been submitted to and approved by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details. These details shall incorporate:

 

(a)        Maximum of 1.5 storeys  ...  view the full minutes text for item 6.

Councillor Robert G MacIntyre returned to the meeting.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this proposal involves the erection of a dwelling house on the site at land north west of 4 Ruaig on the island of Tiree. The site has previously received permission under reference 09/01748/PP for the erection of a five bedroom living accommodation for educational holiday use.  This permission remains capable of implementation until January 2013 following which it would lapse unless a material start on the development had been made in the interim. The current application is for the same siting, design, access etc as previously approved.  The current permission contains no condition limiting the occupancy of the building to that expressed in the application, nor in any other manner.  The previous consent was for a development within a Rural Opportunity Area within which there would have been no justification to limit the occupancy of the building given the acceptability of single dwellings in policy terms in the absence of environmental constraints.  Reference was made to supplementary planning report number 1 which addressed representations received from Dr N Wyatt, owner of 4 Ruaig and Mr S Laird, owner  of Taigh Uillem, Brock, Tiree along with legal opinion from Counsel provided to Dr Brock as to the legitimacy of the current permission on the site.  There have been no objections received from statutory consultees and eighteen individual objections received from third parties.  A summary of these objections are detailed in the report.  The merits of the development of this site were considered at the time of the original application when the proposal was deemed consistent with the Rural Opportunity Area policy applicable to this locality, the informal guidance provided by the Tiree Landscape Capacity Study 2006 and the advice given in the Tiree Design Guide.  Circumstances have not changed materially since that permission was granted, other than for the absence of neighbour notification on the original application having come to light.  The Officer also advised that less weight should be afforded to the previous consent given the procedural issue only recently highlighted.  Given the lack of change in policy and other circumstances the amended description of the proposal remains consistent with the provisions of the Development Plan and is recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

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

 

1.        No development shall commence or is hereby authorised until the proposed access to Ruaig Road has been provided with visibility splays measuring 25 metres by 2.4 metres from the centre line of the existing access. The visibility splays shall be cleared of all obstructions over 1.0 metre in height above the level of the adjoining carriageway. The visibility splays shall thereafter be maintained clear of all obstructions over 1.0 metre in height.

 

Reason:   In the interests of road safety.

 

2.        No development shall commence or is hereby authorised until full details of the layout and surfacing of a parking and turning area to accommodate 3 vehicles within the application site shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason:   In the interest of road safety.

 

3.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the of the aforementioned Schedule, as summarised below:

 

PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

 

Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1C: The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

 

Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

 

Class 2A: The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse

 

Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

 

Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

 

Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse.

 

Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

 

Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

 

Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

 

PART 2: SUNDRY MINOR OPERATIONS

 

Class 8: Formation of means of access to an unclassified road.

 

Class 9: Stone cleaning or painting of the exterior of a building.

 

No such development shall be carried out  ...  view the full minutes text for item 7.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought for the installation of a separate pedestrian and vehicular access to Helensburgh Cricket and Rugby Football Club.  The proposal also involves the construction of a bound gravel roadway, a section of reinforced grass and the formation of a viewing mound along with a new pedestrian bridge across the burn to provide a link with the playing field to the north.  The site lies within the designated green belt.  There have been no objections to the proposal either from statutory consultees or third party representatives.  One letter of representation was received from the Helensburgh Green Belt Group who have no objection but  have recommended a condition regarding the  viewing mound.  The proposal accords with policies STRAT DC 3, LP REC 1, LP REC 2, LP TRAN 4 and LP ENV 19 and is recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

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

 

1.         The development shall be implemented in accordance with the details specified on the application form dated 13/7/12 and the approved drawing reference numbers 1 of 5, 2 of 5, 3 of 5, 4 of 5 and 5 of 5 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.         Following the completion of the viewing mound, it shall be seeded in grass  during the first available growing season and maintained with a grass surface thereafter.

 

Reason:  In the interests of visual amenity in order that the view mound is sympathetic to the Green Belt setting.

 

(Reference: Report by Head of Planning and Regulatory Services dated 29 October 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought for the erection of an L-shaped dwellinghouse within the garden ground of 9 Stafford Street West, Helenburgh.  There has been one objection received from a statutory consultee, Helensburgh Community Council and eighteen objections and an eleven signature petition submitted and a summary of the issues of concern are detailed at section D and F of the report of handling.   It is recommended that a discretionary local hearing be held in response to the number of third party representations received.

 

Decision

 

Agreed to hold a discretionary local hearing on Monday 3 December 2012 at 10.30 am in the Victoria Halls, Helensburgh.

 

(Reference: Report by Head of Planning and Regulatory Services dated 5 November 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought for change of use of a retail unit (Class 1) to a public house (Sui Generis) at the former Caithness Glass shop, Railway Pier, Oban.  The premises are currently used as a retail unit by a factory outlet store.  In terms of the adopted Argyll and Bute Local Plan the site is within the main town centre of Oban where Policy STRAT DC 1 of the approved Argyll and Bute Structure Plan gives encouragement to development serving a wide community of interest subject to compliance with other relevant local plan policies.  The site is within an Area for Action (AFA 5/1) Oban – South Pier/Railway which has been designated primarily to ensure that any redevelopment or new building conforms to strategic level objectives for the overall area.  In this case while the proposal has elicited 27 representations, 20 objections and 7 of support it is not considered that the application raised any complex or technical issues.  Most objections are based on issues that are not material planning considerations, such as legitimate business competition.  Given that the site is situated within the main town centre of Oban where there is a presumption in favour of new commercial uses, it is not considered that a hearing would add value to the process.  The proposal accords with Policy STRAT DC 1 of the approved Argyll and Bute Structure Plan and Policies LP BAD 1, LP ENV 1, LP ENV 10, LP ENV 19 and LP RET 1 of the adopted Argyll and Bute Local Plan and is therefore recommended for approval subject to the conditions detailed in the report.

 

Decision

 

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

 

1.        No development shall commence on site, or is hereby authorised, until full details, in plan form, of a proposed barrier to enclose the external seating areas has been submitted and approved in writing by the Planning Authority.  Thereafter, such details as are approved to contain the outdoor seating area shall be utilised at all times when the seating area is in use and all temporary barriers must be removed during all times when the business is closed unless otherwise first agreed in writing by the Planning Authority.

 

Reason: In the interest of pedestrian safety.

 

2.        Notwithstanding the plans hereby approved, the proposed pavement cafes shall in no way encroach onto the Railway Pier Service Road.  Any change to the areas proposed for the pavement cafes will require the prior written approval of the Planning Authority.

 

Reason: In the interest of road and pedestrian safety.

 

3.        The development shall be implemented in accordance with the details specified on the application form dated 26/09/12 and the approved drawing reference numbers:

 

Plan 1 of 6 (Drawing Number AS03)

Plan 2 of 6 (Drawing Number AS02/A)

Plan 3 of 6 (Drawing Number AS01)

Plan 4 of 6 (Drawing Number AL01 Rev D)

Plan 5 of 6 (Drawing Number AV01 Rev D)

Plan 6 of 6 (Drawing Number AV02 Rev D)

 

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.

 

Having moved an amendment which failed to find a seconder, Councillor Robin Currie asked that his dissent be recorded from the foregoing decision.

 

(Reference: Report by Head of Planning and Regulatory Services dated 31 October 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought for the erection of 4 semi-detached dwellinghouses on land situated to the east of the existing property at Lynwood, North Connel.  There have been no objections received from statutory consultees and 14 representations of objection from third parties received which is significant in the context of a small settlement such as North Connel.  However the majority of the issues which have been raised either relate to the principle of the development or constitute non material planning considerations.  Given that the development site falls within the local plan defined ‘settlement’ boundary within which the principle of development is supported by development plan policy it is not considered that there would be value added to the process by convening a hearing in these circumstances.  The proposal will conform with the settlement pattern and landscape character of the immediate surrounding area which ensures that the proposal satisfies Policy STRAT DC 1.  The proposal also satisfies Policies STRAT SI 1, STRAT DC 1, STRAT DC 7, STRAT DC 8, STRAT DC 9, LP ENV 1, LP ENV 2, LP ENV 6, LP ENV 7, LP ENV 12, LP ENV 16, LP ENV 17, LP ENV 19, LP CST 4, LP HOU 1, LP SERV 1, LP SERV 2, LP TRAN 1, LP TRAN 4 and LP TRAN 6.  Therefore there are no material considerations, including those raised by third parties, that would warrant the refusal of planning permission for this particular proposal.

 

Decision

 

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

 

1.        The development shall be implemented in accordance with the details specified on the application form dated 4^th September 2012 and the approved drawing reference numbers:

 

·         Plan 1 of 1 (Drawing No. 1146 Rev 07) (Location Plan at a scale of 1:2500, Site Plan as Proposed at a scale of 1:500 and Proposed Elevations and Floor Plans at a scale of 1:100)

 

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: or the purpose of clarity and to ensure that the development is implemented in accordance with the approved details.

 

2.        No development shall commence on-site or is hereby authorised until the proposed shared, private vehicular access at the junction of the C25 Bonawe public road has been constructed in accordance with the Council’s Road Engineers Drawing No. (SD 08/004a) with visibility splays measuring 42 metres x 2.4 metres in each direction formed from the centre line of the proposed shared, private vehicular access. Prior to any works commencing on-site these visibility splays shall be cleared of all obstructions measuring over 1 metre in height above the level of the adjoining C25 Bonawe public road and thereafter maintained to the satisfaction of the Planning Authority. No obstructions measuring over 1 metre in height will be permitted within 2 metres from the channel line of the C25 Bonawe public road.

 

The shared, private vehicular access hereby approved shall be constructed to at least base course level prior to any works commencing on-site and the final wearing surface of the shared, private vehicular access shall be applied prior to first occupation of any of the 4 semi-detached dwellinghouses hereby approved.

 

Reason:    In the interests of road safety and to ensure the proposed development is served by a safe means of vehicular access and to accord with Policy ‘LP TRAN 4’.

 

3.        No development shall commence on-site or is hereby authorised until details of a Sustainable Urban Drainage System (SUDS) must be submitted to and approved in writing by the Planning Authority. Such details shall include a drainage layout plan which shall include any mitigation measures required to address surface water run-off from the development site. The development thereafter shall be carried out in accordance with this plan.

 

Reason:    To ensure that there is a satisfactory drainage system in place for the development, in the interests of health and amenity and environmental protection and to accord with Policies ‘LP ENV 12’ and ‘LP SERV 2’.

 

4.        No development shall commence on-site or is hereby authorised until the developer has secured the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record, recover and report items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to the commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences.

 

Reason:    To enable the opportunity to identify and examine any items of archaeological interest and finds which may be found within the application site, to allow any action required for the recording, recovering or reporting of such remains to occur and to accord with Policies ‘STRAT DC 9’, ‘LP ENV 16’ and ‘LP ENV 17’.

 

5.        All existing trees and shrubs present within the application site as identified by the red line within Plan 1 of 1 (Drawing No. 1146 Rev 07) shall not be lopped, topped, felled, lifted or removed without the prior written approval of the Planning Authority.

 

Reason: To ensure the retention of the existing tress and shrubs to so that they contribute to the environmental quality of the development and to accord with Policies LP ENV 2 and LP ENV 7.

 

6.        As details pursuant to Condition 5 above, prior to occupation of any of the 4 semi-detached dwellinghouses hereby approved, details of a landscaping scheme which shall include a screen planting belt not less than  ...  view the full minutes text for item 11.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this application involves land within the Council’s ownership.  This application relates to the Islay High School buildings in Bowmore, an educational complex within the defined ‘settlement’ area and one which incorporates a small self contained area within the main school premises utilised as a learning centre for Argyll College.  It is proposed to enlarge the learning centre area by the erection of a modest single storey extension to the front of the building to provide a new general study area and two new video conferencing rooms.  This proposed small scale development would be in accordance with locational strategy policy STRAT DC 1 and would provide additional educational facilities benefitting the wider island community and supported by Local Plan Policy LP COM 1.  The design and detailing of the proposed development is considered acceptable and appropriate to the site and its surroundings in accordance with the provisions of Development Plan policies LP ENV 1 and LP ENV 2 and raises no adverse amenity access or serving implications and is therefore recommended for approval subject to one condition.

 

Decision

 

Agreed to grant planning permission subject to the following condition and reason:-

 

The proposed development shall be carried out in accordance with the details specified in the application form dated 10^th September 2012; and the approved drawings numbered 1 of 6 to 6 of 6; 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.

 

(Reference: Report by Head of Planning and Regulatory Services dated 30 October 2012, submitted)

Having previously declared an interest Councillor Alex McNaughton left the room and took no part in the discussion of the following item.

Report by Head of Planning and Regulatory Services

The Principal Planning Office spoke to the terms of the report advising that in terms of the Argyll and Bute Local Plan the site is located in ‘Countryside Around Settlement’ development control zone adjacent to the village settlement of Colintraive.  The application is made for retrospective permission to site an advanced advertisement on the seaward side of the concrete seawall adjacent to the A886.  The application is intended to regularise a breach of advertisement control following receipt of a complaint in June 2012 and subsequent enforcement investigation and challenge.  Fifteen representations from third parties have been received, two of those in support and thirteen objecting to the proposal.  A summary of the issues raised are detailed at section F of the report.  Given its substantial size and location in a Countryside development control zone, this sign does not comply in full in terms of Local Plan Policy LP ADV 1 or Appendix B of the adopted Local Plan.  However, given the purpose of the sign which is designed to be of assistance to visiting yachtsman, the fact that it has been in place for many years, its advisory function and moderate visual impact when viewed from the landward side, a ‘minor departure’ from adopted policy can be justified in this case.

 

Motion

 

To grant planning permission subject to the conditions and reasons detailed in the report.

 

Moved by Councillor Richard Trail, seconded by Councillor Robert G MacIntyre

 

Amendment

 

To refuse planning permission by reason of the design, material and method of display the proposed sign is inappropriate to the location and detrimental to the visual amenity of the National Scenic Area contrary to Policies LP ADV 1 and Appendix B of the Argyll and Bute Local Plan 2009.

 

Moved by Councillor Rory Colville, seconded by Councillor Fred Hall

 

The Amendment was carried by 5 votes to 4 and the Committee resolved accordingly.

 

Decision

 

Agreed to refuse planning permission by reason of the design, material and method of display the proposed sign is inappropriate to the location and detrimental to the visual amenity of the National Scenic Area contrary to Policies LP ADV 1 and Appendix B of the Argyll and Bute Local Plan 2009.

 

(Reference: Report by Head of Planning and Regulatory Services dated 5 November 2012, submitted)

Councillor Alex McNaughton returned to the meeting.

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that planning permission was sought for the temporary change of use of land at Colquhoun Square in Helensburgh town centre for the formation of an open air market including the erection of stalls, fairground ride, bouncy castle and marquees.  He also referred to supplementary planning report number 1 which provided an update on the consultation response from Environmental Health.  It is proposed to set up the market on Friday 30 November 2012 and operate on Saturday 1 December and Sunday 2 December 2012.  The site is within the defined town centre where retail developments are generally located therefore this proposal is consistent with Policy LP RET 1 of the adopted Local Plan.  The Area Roads Manager has been consulted and has no objections to the proposal.  The proposal is consistent with Policies LP ENV 1, LP ENV 13 (a), LP BAD 1 and LP TRAN 1 of the Argyll and Bute Local Plan and recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

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

 

1.        The development to which this consent relates shall only take place between Friday 30 November 2012 and Sunday 2 December 2012. It will operate from 10.00 until 19.00 on Saturday 1 December 2012 and between 12.00 until 17.00 on Sunday 2 December 2012. It will include a setting up period between 08.00 and 11.00 on Friday 30 November 2012 and a period for dismantling the market and related operations between 18.00 and 20.00 on Sunday 2 December 2012, unless otherwise agreed in writing with the Planning Authority.  All market stalls and associated plant and equipment, fairground ride, bouncy castle and marquees associated with the open air market shall be removed from site thereafter.

 

Reason:  In order to safeguard the amenity of the users and occupiers of the property within the surrounding area.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 04/10/2012 and the approved drawing reference numbers 1/2 and 2/2 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.        The stalls and any other plant and equipment associated with the open air market shall be sited so as to ensure that the full width of pedestrian facilities shall remain available, and existing access(es) to adjacent properties are maintained at all times.

 

Reason:   In the interest of road and pedestrian safety.

 

(Reference: Report by Head of Planning and Regulatory Services dated 30 October 2012, Supplementary Planning Report No 1 dated 19 November 2012, submitted)

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that the application site is within the ‘settlement’ boundary of Cornaigmore, Isle of Tiree adjacent to the Tiree High School.  The site itself is currently used as an artificial sports pitch facility with informal recreation areas surrounding, all within the existing school grounds and is located in a Local Nature Conservation Site.  The proposal seeks to upgrade the existing sports facilities and will provide recreational opportunities in an accessible location.  The proposal conforms to the relevant development plan policies STRAT DC 1 and LP REC 1and is recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

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

 

1.        No development shall commence until details of the intended means of surface water drainage to serve the development have been submitted to and approved in writing by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the initial use of the development and maintained as such thereafter.

 

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 03/10/12 and the approved drawing reference numbers:

 

Plan 1 of 7 (Location Plan at scale of 1:10000)

Plan 2 of 7 (Site Plan at scale of 1:1250)

Plan 3 of 7 (General Layout at scale of 1:250)

Plan 4 of 7 (Floodlighting – Light Levels at scale of 1:500)

Plan 5 of 7 (Fencing Details at scale of 1:50)

Plan 6 of 7 (Typical Section at scale of 1:10)

Plan 7 of 7 (Lighting Column Details at scale of 1:50)

 

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.

 

3.        No development shall commence or is hereby authorised until full details of the proposed colour finish to the lighting columns and fencing hereby approved have been submitted to and approved in writing by the Planning Authority.  The development shall be completed and maintained thereafter in strict accordance with such details as are approved, unless any variation thereof is agreed in advance in writing by the Planning Authority.

 

Reason:   In the interests of visual amenity.

 

(Reference: Report by Head of Planning and Regulatory Services dated 30 October 2012, submitted)

Report by Head of Planning and Regulatory Services

Consideration was given to a report advising of a recent appeal decision by the Scottish Government Directorate for Planning and Environmental Appeals relative to an Enforcement case in respect of Land at Camsail Woodland, Rosneath Road – Unauthorised Engineering and other Operations.

 

Decision

 

Noted the contents of the report.

 

(Reference: Report by Head of Planning and Regulatory Services, submitted)

Councillor Donald MacMillan joined the meeting.

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.

Report by Head of Planning and Regulatory Services

Consideration was given to an update on enforcement case 10/00319/ENAMEN.

 

Decision

 

Noted the contents of the report.

 

(Reference: Report by Head of Planning and Regulatory Services, submitted)