Agenda and minutes

An apology for absence was received from Councillor Lorna Douglas.

There were no declarations of interest.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 October 2018 at 10.45 am was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 October 2018 at 2.00 pm was approved as a correct record.

 

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 October 2018 at 2.20 pm was approved as a correct record.

 

d)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 October 2018 at 2.40 pm was approved as a correct record.

 

e)    The Minute of the Planning, Protective Services and Licensing Committee held on 24 October 2018 at 3.00 pm was approved as a correct record.

Report by Executive Director – Customer Services

Members considered a report inviting them to endorse the current Scheme of Delegations for planning matters and to invite the Council to seek the agreement of Scottish Ministers to confirm the Scheme for a further 5 year period.

 

Decision

 

The Committee noted the views expressed by the Head of Planning, Housing and Regulatory Services and the Head of Governance and Law in terms of the current suitability of the Scheme of Delegations and recommended to Council that it seeks consent from Scottish Ministers to renew the current Scheme with no changes to that which currently operates.

 

(Reference: Report by Executive Director – Customer Services dated 17 September 2018, submitted)

Report by Head of Planning, Housing and Regulatory Services

The Acting Major Applications Team Leader advised the Committee that the Applicant had withdrawn his application.

 

Decision

 

The Committee noted the withdrawal of the Application.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 7 November 2018, submitted)

Report by Head of Planning, Housing and Regulatory Services

The Area Team Leader for Helensburgh and Lomond spoke to the terms of the report.  Planning permission in principle is sought for the erection of three dwellings at the most northern part of Portincaple, east of Lochhaven.  The site lies within the settlement boundary of the minor settlement of Portincaple/Whistlefield as defined by the adopted Local Development Plan.  Within this area there is a presumption in favour of small scale residential development subject to other local plan policies being satisfied.  The site also lies within an area designated as an Area of Panoramic Quality (APQ) and careful consideration must be given to the impact of the proposed development in this important landscape.  A total of 12 representations have been received objecting to the proposed development therefore consideration has to be given to holding a discretionary hearing.  In this instance the application is for planning permission in principle in which specific detail is not available in respect of design etc.  It is considered that the key issues raised by objectors have been covered in the report of handling or can be dealt with by condition.  As such it is not considered that a discretionary hearing would add any value to this process.  No objections have been received from statutory consultees.  The proposal accords with Policies LDP DM 1, LDP 3, LDP 9 and Supplementary Guidance SG LDP HOU 1, SG LDP – Sustainable Siting and Design Principles, SG LDP SERV 1, SG LDP SERV 2, SG LDP SERVE 3, SG LDP TRAN 4, SG LDP TRAN 6, SG LDP ENV 1, SG LDP ENV 6 and SG LDP ENV 13 of the adopted Argyll and Bute Local Development Plan and is recommended for approval subject to conditions and reasons detailed in the report of handling.

 

Motion

 

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

 

Moved by Councillor David Kinniburgh, seconded by Councillor Rory Colville

 

Amendment

 

To agree to hold a site visit and discretionary pre-determination hearing given the number of objectors and issues with the area.

 

Moved by Councillor George Freeman, seconded by Councillor Gordon Blair

 

On a show of hands vote, the Motion was carried by 10 votes to 4 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to grant planning permission in principle subject to the following conditions and reasons:-

 

1.    Plans and particulars of the matters specified in conditions 2 to 8 and 10 to 11 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: In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

2.    Pursuant to Condition1 – no development shall commence in respect of any of the three plots until plans and particulars of the site layout, design, topographical surveys, cross sections and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished ground floor levels relative to an identifiable fixed datum located out with the application site. Thereafter the development shall be implemented in accordance with the duly approved details which shall have regard to special needs access requirements and protection and enhancement of green networks established by policies SG LDP TRAN 3, SG LDP HOU 2 and SG LDP ENV 8.

 

Reason: To ensure that the development has a layout and design which is compatible with its surroundings and in accordance with Local Development Plan policy.

3.    Pursuant to the provisions of Condition 1, no development shall commence until details of a Sustainable urban Drainage Systems (SuDS) scheme is submitted to the Council for further approval. This scheme shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA C753 and Sewers for Scotland 3rd Edition. Development shall thereafter be carried out using the approved scheme and 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.

 

4.    Pursuant to the provisions of Condition 1, no development shall commence until details of a communal sewage treatment system to service all three dwellinghouses has been submitted to and agreed in writing by the Planning Authority. Development shall thereafter be carried out using the approved scheme and 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 system to deal with foul drainage.

 

5.    Pursuant to the provisions of Condition 1, development shall not begin until samples of the materials to be used on external surfaces of the buildings and in the construction of hard standings, walls and fences have been submitted to, and approved in writing by, the planning authority.  Development shall thereafter be carried out using the approved materials, or such alternatives that the planning authority may agree in writing.

 

Reason:  To ensure that the appearance of the development is compatible with its surroundings.

 

6.    Pursuant to the provisions of Condition 1, development shall not begin until details of the method of construction of the dwellings are submitted to the Planning Authority to allow further consultation with the Ministry of Defence (MOD) safeguarding department. Such details as may be approved by the Planning Authority in consultation with the MOD shall thereafter be implemented.

 

Reason: The site is located within an MOD safeguarding zone and construction of any dwelling requires to accord with necessary standards in the interests of safety.

 

7.    Pursuant to the provisions of Condition 1, development shall not begin until details of the following road traffic safety requirements are submitted to the Planning  ...  view the full minutes text for item 6.

Report by Executive Director – Development and Infrastructure Services

A report presenting the Planning and Regulatory Services performance report with associated scorecard for performance in FQ1 2018-19 (April – June 2018) and FQ 2 2018-19 (July to September 2018 was before the Committee for information.

 

Decision

 

The Committee noted the report.

 

(Reference: Report by Executive Director – Development and Infrastructure Services, submitted)

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following 2 items of business on the grounds that they were both 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, Housing and Regulatory Services

Consideration was given to Enforcement Case reference 18/00053/ENAMEN.

 

Decision

 

The Committee agreed:-

 

1.    that an Amenity Notice should be served under Section 179 of the Town and Country Planning (Scotland) Act 1997 giving the land owner 6 weeks to comply; and

 

2.    if no action is taken within the given compliance period that a report be brought back to the Committee for consideration of Direct Action.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 6 November 2018, submitted)

Report by Head of Planning, Housing and Regulatory Services

The Committee considered a report outlining the case to make a Tree Preservation Order under The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010.

 

Decision

 

The Committee agreed the recommendation as detailed in the report.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 2 November 2018, submitted)