Agenda and minutes
Venue: Council Chamber, Kilmory, Lochgilphead
Contact: Fiona McCallum Tel. No. 01546 604392
No. | Item |
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APOLOGIES FOR ABSENCE Minutes: An apology for absence was received from Councillor Lorna Douglas. |
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DECLARATIONS OF INTEREST Minutes: There were no declarations of interest. |
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Additional documents: Minutes: a) The Minute of the Planning, Protective Services and Licensing Committee held on 20 February 2019 at 10.45 am was approved as a correct record. b)
The Minute of the Planning, Protective Services
and Licensing Committee held on 20 February 2019 at 2.00 pm was approved as a
correct record. |
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Report by Head of Planning, Housing and Regulatory Services Additional documents: Minutes: The Planning Officer spoke to the terms of the report. The site for this development is located within a Rural Opportunity Area (ROA) wherein Policy LDP DM 1 of the Local Development Plan (LDP) gives encouragement to sustainable forms of small scale development on appropriate sites within the open countryside as well as small scale infill, rounding off, redevelopment and change of use of existing buildings. The site is also within the Kilmaluaig Conservation Area where policy LDP 3 and associated supplementary guidance LDP SG ENV 17 sets out a presumption against development that does not preserve or enhance the character or appearance of a conservation area and states that new development within such areas must be of highest quality and must respect and enhance their architectural and other special qualities. In this instance it is considered that the design, detailing, orientation and location of the proposed development would be materially harmful to its immediate built landscape setting and would result in encroachment upon a prominent and important Category A listed building. Historic Environment Scotland have raised concerns regarding the impact of the proposal on the setting of this listed building. The Applicant has stated that the site also forms part of a croft, however, no croft boundary plan has been submitted and the application is not accompanied by a croft management plan. Without a plan showing the boundaries of the croft and in the absence of any statement from the Applicant relating to ‘crofting need’ it is impossible to determine whether or not this is a ‘bareland croft’. Alternative sites within the ROA have been identified which it is believed are within the ownership of the Applicant and which would not pose the same detrimental impact upon the setting of the historic environment. These were discussed with, but not progressed by, the Applicant. It is recommended planning permission be refused for the reasons stated in the report of handling. Decision The Committee agreed to continue consideration of this Application to the next meeting of the PPSL Committee in April 2019 in order to obtain further information from Planning and to enable Planning Officers to seek further dialogue with the Applicant on the identified alternative sites within the ROA. (Reference: Report by Head of Planning, Housing and Regulatory Services dated 4 March 2019, submitted) |
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Report by Head of Planning, Housing and Regulatory Services Additional documents: Minutes: The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 advising of a late consultee response from Argyll District Salmon Fishery Board and a subsequent response to this from the Applicant. This current response supplements a previous objection made to this application by the Board. This is a Section 42 application which is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for that development. In determining such an application, the planning authority can only consider changes to the conditions on the previous application. The principle of the development is not under consideration and the original planning permission remains live. This section 42 application seeks the removal of condition 2 of planning permission 17/00427/MFF which limits the maximum biomass on the site to 1,372 tonnes and its replacement with a condition requiring the site to be operated in accordance with an Environmental Management Plan (EMP). Objections have been received from Argyll and District Salmon Fishery Board and Salmon and Trout Conservation Scotland. The main determining issue in this case is whether the proposed EMP provides acceptable mitigation in relation to wild fish interactions and whether the Applicant has demonstrated that the management of sea lice in the farm area is no longer problematic. In these circumstances the proposed variation of condition 2 is considered to be acceptable as the proposed EMP presents suitable mitigation in relation to the fish farm’s potential impact on wild fish and the application is recommended for approval subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: VARIED CONDITION NO.2 RELATIVE TO PLANNING APPLICATION 18/01813/PP 2. The
site shall be operated in accordance with the submitted Environmental
Management Plan dated August 2018 or any amendments thereto as may be agreed in
writing with the planning authority. This
shall require adherence to the Sea Lice Management Plan or Escapes Prevention
and Contingency Plan, and the response to sea lice shall follow the sequence
set out in the associated integrated Sea Lice Action Plan. In the event that average ovigerous
lice levels exceed Scottish Salmon Producers Organisation (SSPO) ‘Code of Good
Practice’ trigger thresholds for more than one SSPO reporting period, this
shall prompt the need for monitoring in accordance with the submitted Wild
Fisheries / Sea Lice Monitoring Strategy.
Those locations to be monitored and the methodology to be employed shall
be agreed with the planning authority in consultation the District Salmon
Fisheries Board and the results shall be conveyed to both parties. Monitoring shall continue until lice
incidence on the farm has been reduced to below ‘Code of Good Practice’
levels. Trends from such monitoring
shall be taken into account in management decisions arising from the Sea Lice
Action Plan process. A record of average
lice levels recorded on farmed fish, and potential lice pressure on wild fish
when monitoring is required, along with intervention decisions arising from the
operation of the Sea Lice Action Plan shall be maintained available for
inspection by the Planning Authority. In
addition, biannual meetings with the Argyll District Salmon Fisheries Board and
Marine Scotland as referenced in para 7.8 of the EMP shall be required. The planning authority shall be advised of
the dates of these meetings in advance and shall also attend. Reason: In order to ensure the adoption of
proportionate mitigation to wild fish in the interests of nature conservation
and to provide a data and intervention record to help inform future decisions
by the planning authority. REMAINING CONDITIONS AND REASONS RELATIVE TO APPLICATION REF.
NO.17/00427/MFF 1. The development
hereby permitted shall not be carried out other than wholly in accordance with
the following plans and details unless the prior written approval of the
Planning Authority is obtained for a non-material amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997: ·
Application Form dated 10.02.17; ·
Plan 1 of 11 – location plan; ·
Plan 2 of 11 – existing site plan; ·
Plan 3 of 11 – proposed site plan; ·
Plan 4 of 11 – Admiralty chart; ·
Plan 5 of 11 – site layout; ·
Plan 6 of 11 – mooring grid arrangement; ·
Plan 7 of 11 – cage arrangement; ·
Plan
8 of 11 – cage elevation; ·
Plan
9 of 11 – net dimensions; ·
Plan
10 of 11 – net construction; ·
Plan
11 of 11 – site co-ordinates. Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details. 3. In the event that the
development or any associated equipment approved by this permission ceases to
be in operational use for a period exceeding three years, the equipment shall
be wholly removed from the site thereafter unless otherwise agreed in writing
by the Planning Authority. Reason: In the interest of visual amenity and to
ensure that redundant development does not sterilise capacity for future
development within the same water body. 4.
In the
event of equipment falling into disrepair or becoming damaged, adrift,
stranded, abandoned or sunk in such a manner as to cause an obstruction or
danger to navigation, the developer shall carry out or make suitable
arrangements for the carrying out of all measures necessary for lighting,
buoying, raising, repairing, moving or destroying, as appropriate, the whole or
any part of the equipment. Reason: In the interest of visual amenity. (Reference: Report by Head of Planning, Housing and Regulatory Services dated 6 March 2019 and supplementary report number 1 dated 18 March 2019, submitted) |
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Report by Head of Planning, Housing and Regulatory Services Additional documents: Minutes: The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 advising of a late consultee response from Argyll District Salmon Fishery Board and a subsequent response to this from the Applicant. This current response supplements a previous objection made to this application by the Board. This is a Section 42 application which is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for that development. In determining such an application, the planning authority can only consider changes to the conditions on the previous application. The principle of the development is not under consideration and the original planning permission remains live. This section 42 application seeks the removal of condition 2 of planning permission 17/00425/MFF which limits the maximum biomass on the site to 1,696 tonnes and its replacement with a condition requiring the site to be operated in accordance with an Environmental Management Plan (EMP). Objections have been received from Argyll and District Salmon Fishery Board and Salmon and Trout Conservation Scotland. The main determining issue in this case is whether the proposed EMP provides acceptable mitigation in relation to wild fish interactions and whether the Applicant has demonstrated that the management of sea lice in the farm area is no longer problematic. In these circumstances the proposed variation of condition 2 is considered to be acceptable as the proposed EMP presents suitable mitigation in relation to the fish farm’s potential impact on wild fish and the application is recommended for approval subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: VARIED CONDITION NO.2 RELATIVE TO PLANNING APPLICATION 18/01814/PP 2. The
site shall be operated in accordance with the submitted Environmental
Management Plan dated August 2018 or any amendments thereto as may be agreed in
writing with the planning authority. This
shall require adherence to the Sea Lice Management Plan or Escapes Prevention
and Contingency Plan, and the response to sea lice shall follow the sequence
set out in the associated integrated Sea Lice Action Plan. In the event that average ovigerous
lice levels exceed Scottish Salmon Producers Organisation (SSPO) ‘Code of Good
Practice’ trigger thresholds for more than one SSPO reporting period, this
shall prompt the need for monitoring in accordance with the submitted Wild
Fisheries / Sea Lice Monitoring Strategy.
Those locations to be monitored and the methodology to be employed shall
be agreed with the planning authority in consultation the District Salmon
Fisheries Board and the results shall be conveyed to both parties. Monitoring shall continue until lice
incidence on the farm has been reduced to below ‘Code of Good Practice’
levels. Trends from such monitoring
shall be taken into account in management decisions arising from the Sea Lice
Action Plan process. A record of average
lice levels recorded on farmed fish, and potential lice pressure on wild fish
when monitoring is required, along with intervention decisions arising from the
operation of the Sea Lice Action Plan shall be maintained available for
inspection by the Planning Authority. In
addition, biannual meetings with the Argyll District Salmon Fisheries Board and
Marine Scotland as referenced in para 7.8 of the EMP shall be required. The planning authority shall be advised of
the dates of these meetings in advance and shall also attend. Reason: In order to ensure the adoption of
proportionate mitigation to wild fish in the interests of nature conservation
and to provide a data and intervention record to help inform future decisions
by the planning authority. REMAINING CONDITIONS AND REASONS RELATIVE TO APPLICATION REF.
NO.17/00425/MFF 1. The development
hereby permitted shall not be carried out other than wholly in accordance with
the following plans and details unless the prior written approval of the
Planning Authority is obtained for a non-material amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997: ·
Application Form dated 10.02.17; ·
Plan 1 of 11 – location plan; ·
Plan 2 of 11 – existing site plan; ·
Plan 3 of 11 – proposed site plan; ·
Plan 4 of 11 – Admiralty chart; ·
Plan 5 of 11 – site layout; ·
Plan 6 of 11 – mooring grid arrangement; ·
Plan 7 of 11 – cage arrangement; ·
Plan
8 of 11 – cage elevation; ·
Plan
9 of 11 – net dimensions; ·
Plan
10 of 11 – net construction; ·
Plan
11 of 11 – site co-ordinates. Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details. 3. In the event that the
development or any associated equipment approved by this permission ceases to
be in operational use for a period exceeding three years, the equipment shall
be wholly removed from the site thereafter unless otherwise agreed in writing
by the Planning Authority. Reason: In the interest of visual amenity and to
ensure that redundant development does not sterilise capacity for future
development within the same water body. 4.
In the
event of equipment falling into disrepair or becoming damaged, adrift,
stranded, abandoned or sunk in such a manner as to cause an obstruction or
danger to navigation, the developer shall carry out or make suitable
arrangements for the carrying out of all measures necessary for lighting,
buoying, raising, repairing, moving or destroying, as appropriate, the whole or
any part of the equipment. Reason: In the interest of visual amenity. (Reference: Report by Head of Planning, Housing and Regulatory Services dated 6 March 2019 and supplementary report number 1 dated 18 March 2019, submitted) |
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Report by Head of Planning, Housing and Regulatory Services Additional documents: Minutes: The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 advising of a late consultee response from Argyll District Salmon Fishery Board and a subsequent response to this from the Applicant. This current response supplements a previous objection made to this application by the Board. This is a Section 42 application which is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for that development. In determining such an application, the planning authority can only consider changes to the conditions on the previous application. The principle of the development is not under consideration and the original planning permission remains live. This section 42 application seeks the removal of condition 2 of planning permission 17/00429/MFF which limits the maximum biomass on the site to 1,300 tonnes and its replacement with a condition requiring the site to be operated in accordance with an Environmental Management Plan (EMP). Objections have been received from Argyll and District Fishery Board and Salmon and Trout Conservation Scotland. The main determining issue in this case is whether the proposed EMP provides acceptable mitigation in relation to wild fish interactions and whether the Applicant has demonstrated that the management of sea lice in the farm area is no longer problematic. In these circumstances the proposed variation of condition 2 is considered to be acceptable as the proposed EMP presents suitable mitigation in relation to the fish farm’s potential impact on wild fish and the application is recommended for approval subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: VARIED CONDITION NO.2 RELATIVE TO PLANNING APPLICATION 18/01815/PP 2. The site shall be operated in accordance with the submitted Environmental Management Plan dated August 2018 or any amendments thereto as may be agreed in writing with the planning authority. This shall require adherence to the Sea Lice Management Plan or Escapes Prevention and Contingency Plan, and the response to sea lice shall follow the sequence set out in the associated integrated Sea Lice Action Plan. In the event that average ovigerous lice levels exceed Scottish Salmon Producers Organisation (SSPO) ‘Code of Good Practice’ trigger thresholds for more than one SSPO reporting period, this shall prompt the need for monitoring in accordance with the submitted Wild Fisheries / Sea Lice Monitoring Strategy. Those locations to be monitored and the methodology to be employed shall be agreed with the planning authority in consultation the District Salmon Fisheries Board and the results shall be conveyed to both parties. Monitoring shall continue until lice incidence on the farm has been reduced to below ‘Code of Good Practice’ levels. Trends from such monitoring shall be taken into account in management decisions arising from the Sea Lice Action Plan process. A record of average lice levels recorded on farmed fish, and potential lice pressure on wild fish when monitoring is required, along with intervention decisions arising from the operation of the Sea Lice Action Plan shall be maintained available for inspection by the Planning Authority. In addition, biannual meetings with the Argyll District Salmon Fisheries Board and Marine Scotland as referenced in para 7.8 of the EMP shall be required. The planning authority shall be advised of the dates of these meetings in advance and shall also attend. Reason: In order to ensure the adoption of
proportionate mitigation to wild fish in the interests of nature conservation
and to provide a data and intervention record to help inform future decisions
by the planning authority. REMAINING CONDITIONS AND REASONS RELATIVE TO APPLICATION REF.
NO.17/00429/MFF 1. The development
hereby permitted shall not be carried out other than wholly in accordance with
the following plans and details unless the prior written approval of the
Planning Authority is obtained for a non-material amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997: ·
Application Form dated 10.02.17; ·
Plan 1 of 11 – location plan; ·
Plan 2 of 11 – existing site plan; ·
Plan 3 of 11 – proposed site plan; ·
Plan 4 of 11 – Admiralty chart; ·
Plan 5 of 11 – site layout; ·
Plan 6 of 11 – mooring grid arrangement; ·
Plan 7 of 11 – cage arrangement; ·
Plan
8 of 11 – cage elevation; ·
Plan
9 of 11 – net dimensions; ·
Plan
10 of 11 – net construction; ·
Plan
11 of 11 – site co-ordinates. Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details. 3. In the event that the
development or any associated equipment approved by this permission ceases to
be in operational use for a period exceeding three years, the equipment shall
be wholly removed from the site thereafter unless otherwise agreed in writing
by the Planning Authority. Reason: In the interest of visual amenity and to
ensure that redundant development does not sterilise capacity for future
development within the same water body. 4.
In the
event of equipment falling into disrepair or becoming damaged, adrift,
stranded, abandoned or sunk in such a manner as to cause an obstruction or
danger to navigation, the developer shall carry out or make suitable
arrangements for the carrying out of all measures necessary for lighting,
buoying, raising, repairing, moving or destroying, as appropriate, the whole or
any part of the equipment. Reason: In the interest of visual amenity. (Reference: Report by Head of Planning, Housing and Regulatory Services dated 6 March 2019 and supplementary report number 1 dated 18 March 2019, submitted) |
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Councillor Donald MacMillan left the meeting during consideration of the foregoing item. |
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Report by Head of Planning, Housing and Regulatory Services Additional documents: Minutes: The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 advising of a late consultee response from Argyll District Salmon Fishery Board and a subsequent response to this from the Applicant. This current response supplements a previous objection made to this application by the Board. This is a Section 42 application which is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for that development. In determining such an application, the planning authority can only consider changes to the conditions on the previous application. The principle of the development is not under consideration and the original planning permission remains live. This section 42 application seeks the removal of condition 2 of planning permission 17/00428/MFF which limits the maximum biomass on the site to 1,061 tonnes and its replacement with a condition requiring the site to be operated in accordance with an Environmental Management Plan (EMP). Objections were received from Argyll and District Fishery Board and Salmon and Trout Conservation Scotland. The main determining issue in this case is whether the proposed EMP provides acceptable mitigation in relation to wild fish interactions and whether the Applicant has demonstrated that the management of sea lice in the farm area is no longer problematic. In these circumstances the proposed variation of condition 2 is considered to be acceptable as the proposed EMP presents suitable mitigation in relation to the fish farm’s potential impact on wild fish and the application is recommended for approval subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: VARIED CONDITION NO.2 RELATIVE TO PLANNING APPLICATION 18/01816/PP 2. The
site shall be operated in accordance with the submitted Environmental
Management Plan dated August 2018 or any amendments thereto as may be agreed in
writing with the planning authority. This
shall require adherence to the Sea Lice Management Plan or Escapes Prevention
and Contingency Plan, and the response to sea lice shall follow the sequence
set out in the associated integrated Sea Lice Action Plan. In the event that average ovigerous
lice levels exceed Scottish Salmon Producers Organisation (SSPO) ‘Code of Good
Practice’ trigger thresholds for more than one SSPO reporting period, this
shall prompt the need for monitoring in accordance with the submitted Wild
Fisheries / Sea Lice Monitoring Strategy.
Those locations to be monitored and the methodology to be employed shall
be agreed with the planning authority in consultation the District Salmon
Fisheries Board and the results shall be conveyed to both parties. Monitoring shall continue until lice
incidence on the farm has been reduced to below ‘Code of Good Practice’
levels. Trends from such monitoring
shall be taken into account in management decisions arising from the Sea Lice
Action Plan process. A record of average
lice levels recorded on farmed fish, and potential lice pressure on wild fish
when monitoring is required, along with intervention decisions arising from the
operation of the Sea Lice Action Plan shall be maintained available for
inspection by the Planning Authority. In
addition, biannual meetings with the Argyll District Salmon Fisheries Board and
Marine Scotland as referenced in para 7.8 of the EMP shall be required. The planning authority shall be advised of
the dates of these meetings in advance and shall also attend. Reason: In order to ensure the adoption of
proportionate mitigation to wild fish in the interests of nature conservation
and to provide a data and intervention record to help inform future decisions
by the planning authority. REMAINING CONDITIONS AND REASONS RELATIVE TO APPLICATION REF.
NO.17/00428/MFF 1. The development
hereby permitted shall not be carried out other than wholly in accordance with
the following plans and details unless the prior written approval of the
Planning Authority is obtained for a non-material amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997: ·
Application Form dated 10.02.17; ·
Plan 1 of 11 – location plan; ·
Plan 2 of 11 – existing site plan; ·
Plan 3 of 11 – proposed site plan; ·
Plan 4 of 11 – Admiralty chart; ·
Plan 5 of 11 – site layout; ·
Plan 6 of 11 – elevations; ·
Plan 7 of 11 – cage arrangement; ·
Plan
8 of 11 – moorings arrangement and storage raft; ·
Plan
9 of 11 – cage construction; ·
Plan
10 of 11 – cage construction; ·
Plan
11 of 11 – site co-ordinates. Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details. 3. In the event that the
development or any associated equipment approved by this permission ceases to
be in operational use for a period exceeding three years, the equipment shall
be wholly removed from the site thereafter unless otherwise agreed in writing
by the Planning Authority. Reason: In the interest of visual amenity and to
ensure that redundant development does not sterilise capacity for future
development within the same water body. 4.
In the
event of equipment falling into disrepair or becoming damaged, adrift,
stranded, abandoned or sunk in such a manner as to cause an obstruction or
danger to navigation, the developer shall carry out or make suitable
arrangements for the carrying out of all measures necessary for lighting,
buoying, raising, repairing, moving or destroying, as appropriate, the whole or
any part of the equipment. Reason: In the interest of visual amenity. (Reference: Report by Head of Planning, Housing and Regulatory Services dated 6 March 2019 and supplementary report number 1 dated 18 March 2019, submitted) |
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PLANNING AND REGULATORY SERVICES PERFORMANCE REPORT FQ3 - 2018-19 PDF 346 KB Report by Executive Director – Development and Infrastructure Services Minutes: A report presenting the Planning and Regulatory Services performance report with associated scorecard for performance in FQ3 2018-19 (October – December 2018) was considered. Decision The Committee reviewed the scorecard as presented. (Reference: Report by Executive Director – Development and Infrastructure Services, submitted) |