Agenda and minutes

Venue: Council Chamber, Kilmory, Lochgilphead

Contact: Fiona McCallum Tel. No. 01546 604392 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

An apology for absence was intimated from Councillor Gordon Blair.

2.

DECLARATIONS OF INTEREST

Minutes:

Councillor Rory Colville declared a non financial interest in respect of the planning application Islay Estates Company (ref: 12/002239/PPP) as he is a Board Member of ACHA.  He left the room and took no part in the discussion of this application which is dealt with at item 7 of this Minute.

3.

MINUTES pdf icon PDF 51 KB

Additional documents:

Minutes:

(a)        The Minutes of the Planning, Protective Services and Licensing Committee of 19 December 2012 at 12 noon were approved as a correct record.

 

(b)        The Minutes of the Planning, Protective Services and Licensing Committee of 19 December 2012 at 2.00 pm were approved as a correct record.

 

(c)        The Minutes of the Planning, Protective Services and Licensing Committee of 19 December 2012 at 2.20 pm were approved as a correct record.

 

(d)        The Minutes of the Planning, Protective Services and Licensing Committee of 19 December 2012 at 3.00 pm were approved as a correct record.

Prior to the consideration of the rest of the business the Chair advised that item 9 (Enforcement Report Ref: 10/00357/ENOTH2) had been withdrawn from the Agenda as there was no longer a requirement for this report.

4.

CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE REVIEW pdf icon PDF 104 KB

Report by Head of Governance and Law

Minutes:

In terms of Section 17 of the Civic Government (Scotland) Act 1982, the local authority requires to fix maximum fees and other charges in connection with the hire of taxis operating in their area and to review the scales for taxi fares and other charges on a regular basis.  A report was before them in which they were invited to consider the representations received in response to a consultation carried out regarding the review of the fares and to decide on what course of action to take

 

Motion

 

To agree to propose that there be no change to the current fare structure and charges and to review the position in 6 months time if representations in respect of this proposal are received.

 

Moved by Councillor George Freeman, seconded by Councillor Rory Colville

 

Amendment

 

To agree to propose to increase the current fares and amend the current fare structure as proposed by Dunoon Operators as follows:-

 

Tariff 1 from £2.70 to £2.80 for the first 860 yards then 20p for each additional 176 yards.

 

Tariff 2 from £3.20 to £3.40 for the first 860 yards then 20p for each additional 149 yards.

 

Tariff 3 from £3.70 to £4.00 for the first 860 yards then 20p for each additional 105 yards.

 

Moved by Councillor Alex McNaughton, seconded by Councillor James McQueen.

 

The Motion was carried by 10 votes to 2 and the Committee resolved accordingly.

 

Consideration was then given to whether or not a further survey on unmet demand should be carried out following the last survey which was carried out in 2003 by the Fraser of Allander Institute.

 

Motion

 

To agree not to carry out a further survey at this time and to wait until the outcome of a consultation to be carried by the Scottish Government is known.

 

Moved by Councillor Fred Hall, seconded by Councillor Rory Colville.

 

Amendment

 

To agree that a survey on unmet demand be carried out.

 

Moved by Councillor Alex McNaughton, seconded by Councillor Richard Trail.

 

The Amendment was carried by 11 votes to 2 and the Committee resolved accordingly.

 

Decision

 

1.        Congratulated Officers for the work involved in bringing this report to the meeting;

 

2.        Agreed to propose that there be no change to the current fare structure and charges and to review the position in 6 months time if representations in respect of this proposal are received;

 

3.        Agreed that there should be no zoning of fares within Argyll and Bute;

 

4.        Authorised the Head of Governance and Law to advertise the proposed no change to the tariffs and invite any responses within one month of the advertisement and report back to Members at the PPSL Committee on 20 March 2013;

 

5.        Agreed that should no objections or representations be received in relation to the proposal, to delegate authority to the Head of Governance and Law in consultation with the Chair of the PPSL Committee to conclude with the review without the requirement for the Committee to consider a further report of the review; and

 

6.        Agreed that a survey on unmet demand be carried out and authorised the Head of Governance and Law to seek tenders for this survey.

 

(Reference: Report by Head of Governance and Law, submitted)

5.

REGULATORY SERVICES BALANCED SCORECARD 2012 - 2014 pdf icon PDF 62 KB

Report by Regulatory Services Manager

Additional documents:

Minutes:

A report presenting a Balanced Scorecard which has been developed for Regulatory Services was considered.

 

Decision

 

Noted the contents of the report and endorsed the Regulatory Services Balanced Scorecard for 2012/2014, recognising the work and priorities of the service.

 

(Reference: Report by Regulatory Services Manager dated December 2012 and Regulatory Services Balanced Scorecard 2012/2014, submitted)

6.

GENESIS ENERGY LTD: ERECTION OF WIND TURBINE (60M TO HUB, 84M TO BLADE TIP), WITH ASSOCIATED SUBSTATION, CRANE PAD AND TEMPORARY HARDSTANDING AND THE UPGRADING OF 550M OF EXISTING FORESTRY TRACK: LAND NORTH EAST OF REDESDALE HOUSE, SKIPNESS HOUSE, TARBERT (REF: 11/00937/PP) pdf icon PDF 63 KB

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 seeks the construction of a single wind turbine with a hub height 60m and rotor diameter of 48m (84m to blade tip), with associated substation, crane pad and temporary hardstanding and the upgrading of 550m of existing forestry track.  The turbine, part of the internal access track, crane hardstanding, electrical control building and temporary construction compound are all to be located within ‘Sensitive Countryside’ as designated by the Local Plan Proposals Maps.  Reference was also made to supplementary planning report number 1 advising Members on further information which has been received since completion of the original report circulated with the agenda papers.   There have been objections raised by 49 individuals, 1 letter of support and 1 general representation.  The proposal is considered contrary to: Scottish Planning Policy; Scottish Government’s Specific Advice Sheet on Onshore Wind Farms; Polices Strat SI 1, STRAT RE 1, and STRAT DC 5 of the Argyll and Bute Structure Plan (2002); and Policies LP ENV 1, LP ENV 19 and LP REN 1 of the Argyll and Bute Local Plan (2009).  Notwithstanding the contribution that this proposal could make towards combating climate change, development giving rise to inappropriate environmental consequences cannot be viewed as being sustainable; consequently, the proposal is recommended for refusal.

 

Decision

 

Agreed to refuse planning permission for the following reasons:-

 

1.        The proposed turbine is located near a group of summits on an outlying series of low hills which form the upper end of the Kintyre peninsula and which are slightly set apart from the main plateau, within the ‘Upland Forest Moor Mosaic’ Landscape Character Type (ref ‘Argyll & Bute Landscape Wind Energy Capacity Study (LWECS) – Final main report and appendix March 2012’ - SNH/Argyll & Bute Council), and the proposal will influence a number of adjacent more sensitive coastal Landscape Character Types including: ‘Rocky Mosaic’ and ‘Coastal Parallel Ridges’. 

 

At 84 metres in height, the turbine would be at an elevation of c230m AOD to give a total height to blade tip of 314 AOD.  Development on this scale would introduce large scale development on the skyline which would be likely to alter the perception of landform scale and impinge on the setting of the summits and which would also intrude into coastal panoramas to both the west and east, including offshore locations.  The proposal constitutes an outlier from the established pattern of existing wind turbine development within the Kintyre peninsula, where it would not share the locational advantages of consented locations which do not exert such a degree of influence over the appreciation of the coast and those landscapes which are characterised by the contrast between the land and the sea. Scattered development elsewhere along the length of the peninsula is likely to have a wider impact on landscape character and scenic quality than consolidating the existing focus for development by intruding, as in this case, upon the landscape setting of West Loch Tarbert for example. 

 

The remainder of the spine is therefore sensitive in landscape terms to further development given that the ends of the peninsula are visually important as focal points in views up and down the coast and along the Sounds which increases their sensitivity. The proposal would therefore adversely affect the character, key views and qualities of this local landscape contrary to the advice given by the ‘Argyll and Bute Wind Energy Capacity Study’, which seeks to steer new turbine development involving Larger Typologies (80 – 130m) away from the more complex irregular small hills found on the outer edge of the Kintyre Peninsula, so as to avoid intrusion on the setting and views from the adjacent settled and small scale ‘Rocky Mosaic’. The presence of an isolated turbine on this scale would therefore give rise to disproportionate cumulative landscape impacts contrary to Local Plan Policy LP REN 1. 

 

The foregoing environmental considerations are of such magnitude that they cannot be reasonably offset by the projected direct or indirect benefits which a development of this scale would make to the achievement of climate change related commitments.

 

Having due regard to the above, it is considered that this proposal would have a significant adverse impact on Landscape Character and contribute to the cumulative impact of wind turbine development in Kintyre. It is therefore inconsistent with the provisions of the Scottish Planning Policy and Scottish Government’s Specific Advice Sheet on Onshore Wind Farms;  Policies STRAT SI 1: Sustainable Development; STRAT DC 5: Development in Sensitive Countryside, Policy STRAT DC 8: Landscape & Development Control; Policy STRAT RE 1: Wind Farm/Wind Turbine Development of the ‘Argyll & Bute Structure Plan’ (approved 2009) and Policies LP ENV 10: Development Impact on Areas of Panoramic Quality; LP REN 1: Commercial Wind Farm and Wind Turbine Development of the ‘Argyll & Bute Local Plan’ (adopted 2009); and the ‘Argyll & Bute Landscape Wind Energy Capacity Study’ (LWECS) – Final main report and appendix March 2012.

 

2.        The proposal would have relatively high visibility, compared to other wind farm development on the peninsula, which benefits from the effects of the elevated topography of the spine of Kintyre which successfully restricts views of approved turbines from habitation, transport routes and more sensitive and scenic coastal locations.  It would also break the skyline of Kintyre, spreading the extent of development on the skyline to the northern end of the peninsula which currently benefits from an absence of large scale turbine development.

 

This proposal will result in an unacceptable level of visual impact due to its vertical scale; blade rotation and the fact that from certain sensitive receptors it will be skylined; out of scale with the landscape; and, will introduce an element which is uncharacteristic with the attributes of the landscape to be developed.  This will result in a noticeable change to the visual character, composition and quality of views as experienced by the people associated with the sensitive receptors including: properties in close proximity; settlements; such as Whitehouse, the B8001 and National Cycle Route 73,  ...  view the full minutes text for item 6.

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

7.

ISLAY ESTATES COMPANY: SITE FOR PROPOSED BUSINESS UNITS AND 20 AFFORDABLE RESIDENTIAL PROPERTIES: LAND WEST OF BONDED STORES, STANALANE, BOWMORE, ISLAY (REF: 12/02239/PPP) pdf icon PDF 175 KB

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 seeks planning permission in principle for a mixed use development comprising 20 affordable homes, 600 sqm of Class 4 Business Units on a 1.08 ha site located on the south-western edge of the Bowmore ‘settlement’ area.  The proposal is also for improvement of the existing vehicular access route from the A846.   Whilst the proposed development is of a type and scale which would ordinarily be supported within the ‘settlement’ area, the proposal includes for an element of residential development to be located within designated Business and Industry BI-AL 10/1, and consequently the development is not consistent with the approved Development Plan.  In is considered, however, that the proposal should be considered favourably as a ‘minor departure’ to the Development Plan for the reasons and justification given at sections P and S of the report of handing.

 

Decision

 

Agreed that planning permission in principle be granted as a ‘minor departure’ to development plan policy subject to the following conditions and reasons:-

 

1.        Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details.

 

Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 10th October 2012, supporting information and, the approved drawing refs. 1/2 – 2/2. Furthermore, the details of all further applications submitted pursuant to Condition 1 above shall be consistent with the recommendations set out in the ‘Development Brief’ and ‘Bowmore South West: Design Code Principles’ dated October 2012 and submitted in support of the application for planning permission in principle.

 

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 a phasing scheme for the implementation of the development in stages has been submitted to and approved by the Planning Authority. Such details shall ensure that all infrastructure provision in relation to the Class 4 Business development is delivered concurrently or in advance of that of the affordable housing development and shall include a plan differentiating each distinct phase of the development and a schedule detailing the sequence in which development is to be implemented.

 

The development shall be implemented in accordance with the approved phasing scheme unless an amendment to the agreed sequence/timing of development is subsequently agreed in writing by the Planning Authority.

 

Reason: To ensure development is implemented on a progressive basis having regard to infrastructure and servicing requirements, and to underpin the justification for approving the development as a minor departure from the Development Plan.

 

4.        Pursuant to Condition 1 – no development shall commence until an Archaeological Mitigation Strategy has been submitted to and approved by the Planning Authority in accordance with a brief which has been the subject of prior agreement with the West of Scotland Archaeology Service.

 

The Archaeological Mitigation Strategy shall be prepared by a suitably qualified person and shall provide that all significant archaeological remains are preserved in situ with provision for the recording and recovery of archaeological resources within the development site.

 

Thereafter the development shall be implemented in accordance with the duly approved Archaeological Mitigation Strategy unless otherwise approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service.

 

Reason: In order to protect archaeological resources.

 

5.        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 in consultation with the Council’s Roads and Amenity Services and the Council’s Flood Alleviation Manager.

 

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.

 

6.        Pursuant to Condition 1. – no development shall commence until details of the offsite road improvements to substandard approach roads have been submitted to and approved by the Planning Authority. Such details shall incorporate:

 

i)        Improvement of the junction of the UC19 / A846 to a standard agreed with the Council’s Roads and Amenity Services;

 

ii)       Upgrading of UC19 Ardlarach Moss Road between the new development and the UC19/A846 junction to a minimum width of 5.5m with 2.0m wide verges.

The improvement of the junction of the identified section of the UC19 and its junction with the A846 shall be completed in accordance with the duly approved details in advance of any works commencing within the development site.

 

Reason: In the interests of road safety and to ensure the timely provision of substandard public approach road commensurate to the scale of the overall development.

 

7.        Pursuant to Condition 1. – no development shall commence within the southern part of the application site identified for affordable housing development on the approved plans until details of the proposed service road and connection with the existing public road have been submitted to and approved by the Planning Authority. Such details shall incorporate:

i.                 A vehicular access layout providing a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984;

ii.                Junctions with the existing public road formed with visibility splays of  103.0 metres by 2.4 metres formed from the centre line of the junction;  ...  view the full minutes text for item 7.

Councillor Colville returned to the meeting.

8.

PROPOSED PROGRAMME OF PLANNING TRAINING FOR MEMBERS pdf icon PDF 64 KB

Report by Head of Planning and Regulatory Services

Minutes:

Consideration was given to a report regarding a proposal to establish a programme of Member training in respect of planning related subject areas in order to improve knowledge of the planning system, the legislative and policy framework within which it operates, and the procedural aspects of the quasi-judicial decision making process.  This will be of particular benefit for Members who have recently joined the Planning, Protective Services and Licensing (PPSL) Committee, will reinforce the knowledge of longer term Members, and will be available to non PPSL Members who wish to avail themselves of a better understanding of the planning process.

 

Decision

 

1.        Agreed to the establishment of an ongoing programme of planning related training for Members of the PPSL Committee, which should also be open to any other Members not currently involved in planning decision making; and

 

2.        Endorsed the initial subject areas for training and the provisional dates for delivery, on the understanding that the programme may be varied to take account of any additional training requirements Members may wish to identify, along with any other particular training needs identified by Officers as a consequence of matters emerging during the course of the year; and

 

3.        Agreed that as part of this ongoing programme of planning related training provision should be made for training on Area Capacity Evaluations (ACEs).

 

(Reference: Report by Head of Planning and Regulatory Services dated 27 December 2012, 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.