Agenda and minutes

Apologies for absence were received from Councillors Audrey Forrest and Graham Archibald Hardie.

Councillor Rory Colville declared a non-financial interest in the report advising of a Proposal of Application Notice from Diageo Limited which is dealt with at item 6 of this Minute as his son is employed by this Company. 

 

Councillor Alastair Redman also declared a non-financial interest in this report as he had previously voiced his support for this proposal.  Councillors Colville and Redman left the room and took no part in the consideration of this report.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 December 2018 at 11.00 am was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 December 2018 at 2.00 pm was approved as a correct record.

 

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 December 2018 at 2.20 pm was approved as a correct record.

 

d)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 December 2018 at 2.40 pm was approved as a correct record.

 

e)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 December 2018 at 3.00 pm was approved as a correct record.

Report by Executive Director – Customer Services

A report asking Members if they wish to commission a further survey in relation to whether there is unmet demand for taxis and/or over provision of private hire car vehicles within the local authority area was considered.

 

Decision

 

The Committee agreed to:

 

1.    note the contents of the report; and

 

2.    commission a new taxi survey to ascertain whether there currently is any significant unmet demand for taxis and to include in this survey an assessment of whether there is over provision of private hire car licences in the locality.

 

(Reference: Report by Executive Director – Customer Services dated January 2019, submitted)

Report by Head of Planning, Housing and Regulatory Services

The Development Manager spoke to the terms of the report and to supplementary report number 1 which addressed some inaccuracies at Section P and U of the original report.  The proposal consists of up to 7 wind turbines each with a maximum height to blade tip of 136.5m together with associated infrastructure and 4 borrow pits.  The site is located within the Ardtaraig Estate and extends to approximately 2,160 hectares.  It is located immediately south of the existing Cruach Mhor Wind Farm which has 37 turbines.  The Kyles of Bute National Scenic Area (NSA) is the closest national landscape designation to the site.  There are also two statutory designated ecological sites within 5km of the proposed development – the Ruel Estuary Site of Specific Scientific Interest (SSSI) and the Glendaruel Woods and Crags SSSI.    The site is located within the Kyles of Bute Area of Panoramic Quality (APQ) and the proposal is considered contrary to the Argyll and Bute Landscape Wind Energy Capacity Study (LWECS).  In principle, the proposed development is considered to be a sustainable form of development that will offset the emission of over 900,000 tonnes of Carbon Dioxide equivalent per annum that would otherwise be emitted should the same amount of electricity be generated from fossil fuel sources.  Scottish Natural Heritage has objected to the proposal on the grounds that the proposal would have an adverse effect on the special qualities and integrity of the Kyles of Bute NSA.  SNH considers that these effects cannot be mitigated and they also have significant concerns regarding the landscape and visual impacts of this proposal.  Scottish Wild Land Group have also objected to the proposal on the grounds that they believe the environmental and other impacts hugely outweigh any benefits.  They raised particular concern about adverse impact on raptors, protected areas, wild land, tourism, questionable impacts on global warming, decommissioning/repowering and ancient woodland.  At the time of writing the report a total of 356 letters of representations have been received comprising: 293 objections, 5 petitions of objection from the NAW group, 56 in support and 2 representations.  A further 4 letters of objection have been received since publication of the report.  The proposal is recommended for refusal for the reasons stated in the report subject to a discretionary hearing being held in view of the number of representations received both for and against the proposal and the complexity of the issues raised.

 

Decision

 

The Committee agreed to hold a discretionary pre-determination hearing at the earliest opportunity.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 11 January 2019 and supplementary report number 1 dated 21 January 2019, submitted)

Councillor Mary-Jean Devon joined the meeting during consideration of the foregoing item.

Report by Head of Planning, Housing and Regulatory Services

Before the Senior Planning Officer presented the application the Head of Governance and Law requested the agreement of the Committee to alter the previously approved Minute of the Hearing held in respect of this application to include reference to Mr Black, one of the objectors, raising a concern about his view on a requirement for the Chair to declare an interest.  Mr Black was advised that the declaration of an interest was for an individual Member to determine and that his concern would be noted in the Minute.  The Committee agreed to this amendment to the Minute of the Planning, Protective Services Committee held on 19 November 2018.

 

The Chair then referred to late submissions received from Helensburgh Community Council and Helensburgh and Lomond Chamber of Commerce which were both tabled at the meeting.

 

Once the Committee were given time to read over these late submissions along with the late publication of supplementary report number 5, the Senior Planning Officer spoke to the terms of the report and, in particular, drew Members’ attention to supplementary reports number 4 and 5.  Supplementary report number 4 advised Members of additional matters following continuation of the application by the Committee on 19 December 2018.  As requested by the Committee the Applicant had submitted further information to address the reasons for continuing the Application.   Supplementary report number 5 referred to the receipt of a Memo from Helensburgh Community Council dated 10 January 2019 along with further submissions from the Applicant and Helensburgh Community Council following a meeting between the two parties on 16 January 2019.

 

In summary it remains the view of Officers that the proposal is in accordance with the policies of the adopted Local Development Plan and the approved 2012 Masterplan.  There have been no objections from statutory consultees other than Helensburgh Community Council.  The proposal fulfils its role as a landmark building on this prominent and important site.  The new leisure facility will provide benefits for the whole community and also tourists and visitors to the town.  No technical objections are raised on flooding matters which have now been fully addressed using the most up to date climate change information to inform the amended flood defence measures proposed.  On this basis the Senior Planning Officer recommended that planning permission be granted subject to the revised conditions 1 – 10 and 12 – 15 appended to supplementary report number 2 and to the amended condition 11 detailed in supplementary report number 5.

 

Motion

 

To agree to grant planning permission subject to the conditions referred to by the Planning Officer.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Alastair Redman

 

Amendment

 

To agree to continue consideration of the application to enable Members to investigate options for framing a competent Motion to refuse the application based on flooding, drainage and design issues.

 

Moved by Councillor George Freeman, seconded by Councillor Lorna Douglas

 

The Motion was carried by 6 votes to 2 and the Committee resolved accordingly.

 

Decision

 

The Committee 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 20.7.2018 and the approved drawing reference numbers

 

1251-DB3-B01-01-DR-A-2000           Basement Plan

1251-DB3-B01-01-DR-A-2001           Ground Floor Plan

1251-DB3-B01-01-DR-A-2002           First Floor Plan

1251-DB3-B01-01-DR-A-2003           Roof Plan

1251-DB3-B01-ZZ-DR-A-20200         Proposed Elevations

1251-DB3-B01-ZZ-DR-A-20301         General Sections 1

1251-DB3-B01-ZZ-DR-A-20302         General Sections 2

1251-DB3-B01-ZZ-DR-A-90000         Site Location Plan

1251-DB3-B01-ZZ-DR-A-90001         Existing Site Plan

1251-DB3-B01-ZZ-DR-A-90002         Proposed Site Plan Rev E

1251-DB3-B01-ZZ-DR-A-90003         Existing Site Sections

1251-DB3-B01-ZZ-DR-A-90004         Proposed Site Sections

00045-02-003E                                   Proposed Site Plan

00045-02-004F                                    Proposed Sections

00045-02-005F                                    Site Sections

00045-02-006H                                   Alternate Indicative Method of Construction

00045-02-007B                                   South-West Slipway Section

00045-02-008B                                   Proposed East Slipway

00045-02-009D                                   Flood Defence Construction Sequence

00045-02-010C                                   Retaining Wall and Sections

00045-02-011B                                   Outline Traffic Management Plan

1450-01/D                                           Landscape Proposals West Boundary and Pier

1450-02/E                                            Landscape Layout and Finishes

1450-03/B                                            Soft works Specifications

1450-04/C                                           Landscape Layout Waterfront Walkway

1450-05/A                                            West Boundary and Pier Sections

1450-06/B                                            Landscape Layout West Clyde Street

G17050_281_2                                   Existing Drainage Layout

G17050_281_3                                   Preliminary Drainage Strategy Layout and SuDS

G17050_200                                       Proposed Surface Water Drainage Layout

Entrance Visual                                   3D Image

South Context Visual                          3D Image

West Elevation Visual                         3D Image

Existing Swimming Pool                     1 of 3

Existing Swimming Pool                     2 of 3

Existing Swimming Pool                     3 of 3

1251-DB3-B01-EX-DR-E-63 01         Proposed External Lighting Scheme

1251-DB3-B01-EX-DR-E-63 02         Proposed External Lighting Scheme

 

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.            Prior to development commencing, an Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority. The Plan shall address requirements arising from the construction phases of the development and shall inform the production of construction method statements. This shall include details of the following:

 

·                A  construction method statement to demonstrate how potential impacts on otters and their safety shall be incorporated into normal site working practices and having regard to the recommendation contained in the Protected Species Survey Report

·                In the event that piling is required a noise impact assessment on Marine Mammals together with proposed mechanisms to mitigate any identified adverse impacts

·                A ground works phasing and waste management plan associated with movement/storage of all waste materials.

·                Details of the location of construction compounds to be formed

·                Details of the number of existing parking spaces lost at each main construction phase of the development in order to minimise the loss of existing parking during construction.

·                Details of any external lighting to be used during construction

·                Full land restoration details; to ensure that the land within the application site where it has been physically altered by the construction of the development or demolition of existing buildings/structures and the ground level raised, is restored to an acceptable appearance.

·                Details of arrangements to retain access for emergency services to the far southern pier head area delineated as area 16 in the proposed site plan.  ...  view the full minutes text for item 6.

Having previously declared an interest in the following item, Councillors Rory Colville and Alastair Redman left the room.

Report by Head of Planning, Housing and Regulatory Services

The Development Manager spoke to the terms of the report.  A Proposal of Application Notice (PAN) seeks to notify the Planning Authority of a prospective major planning application to re-open the former Port Ellen distillery adjacent to the malting in the northern end of the settlement just off the A846 public road, with new buildings, associated infrastructure and visitor’s experience.  The site extends over approximately 4Ha.  The application site lies within the Key Rural Settlement of Port Ellen.  Islay is identified in the Local Development Plan Spatial Strategy as a ‘Tourism Development Area’.  A number of nature designations are also identified in the spatial strategy, and the entire island is designated a ‘Water Conservation Area’.  The site is located within settlement zone, an established business and industry area and Area of Action (reference 10/4 – environment enhancement) as defined by the Local Development Plan.  The scale of the intended development is ‘large’ in terms of the typologies established by the LDP (site in excess of 2 hectares).  The report summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date.  It is recommended that Members have regard to the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN in order to allow these matters to be considered by the Applicants in finalising any future planning application submission.

 

Decision

 

The Committee agreed that the following issues should be taken into consideration by the Applicant in finalising any future planning application submission:

 

a)    Impact on the road network;

 

b)    Impact on water and drainage infrastructure;

 

c)    The availability of housing for any workers moving to the island;

 

d)    The inclusion of a pavement to allow the village of Port Ellen to join up with the housing development beyond the distillery; and

 

e)    The inclusion of electric charging points for vehicles.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 3 January 2019, submitted)

Councillor Donald MacMillan left the meeting during consideration of the foregoing item. 

 

At that point the Committee joined the Chair in congratulating Councillor MacMillan on his recent award of the British Empire Medal.