Agenda and minutes

Apologies for absence were received from Councillors Gordon Blair, Rory Colville, Graham Archibald Hardie and Roderick McCuish.

There were no declarations of interest.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2019 at 11.30 am was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2019 at 2.00 pm was approved as a correct record.

 

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 June 2019 at 2.20 pm was approved as a correct record.

 

d)     The Minute of the Planning, Protective Services and Licensing Committee held on 26 June 2019 was approved as a correct record.

Report by Head of Development and Economic Growth

The Committee at their meeting 22 May 2019 agreed to object to this Section 36 wind farm proposal.  The Council’s objection to the proposal was submitted to the Energy Consents Unit on 23 May 2019.  It was confirmed that this matter was now before the Committee as further information had been received which was considered a material change and required clarification from Members.  The Development Manager referred to supplementary report number 4 which provided clarification in respect of the consultee response submitted by South Knapdale Community Council to the Energy Consents Unit and advised of a consultee response from Ardrishaig Community Council which was not previously reported to the Committee.  Additional late representations were also circulated to the Committee from Mr J Lithgow, Force 9 Energy and Directors of Port Bann Holiday Park.   In view of these Community Council consultee responses and late representations received, confirmation from the Committee was sought on whether or not they wished to amend their objection to the Section 36 consultation on the proposed Airigh Wind Farm.

 

Motion

 

To agree to reaffirm that the Council should object to the proposals on the grounds agreed by the PPSL Committee on 22 May 2019 as set out in section 4 of supplementary report number 4.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Alastair Redman

 

Amendment

 

To agree not to object to this proposal for the following reasons:-

 

1.   Landscape impact is minimised given that the site sits lower in the landscape due to the surrounding topography and as such it does not have a significant impact on the Upper Forest Moor Mosaic and the Rocky Mosaic character types.

 

2.   The location of the proposed wind farm is distant from visual receptors and as such the impact is minimised by this separation and as such it does not have a significant adverse visual impact on the appreciation of South Knapdale.

 

3.   The distance from existing wind farms is substantial which minimises the cumulative impact that can be perceived.  Given that the proposed wind farm will sit in a bowl it will not extend the cumulative visual impact from Kintyre into Knapdale.

 

4.   Given the compact footprint of the proposed development site, the variable height of the turbines nevertheless creates a homogeneous grouping which can be assimilated into the landscape having regard to the  proposed layout of the turbines, it is  considered that this clearly lessens the visual impact and does not give a jumbled appearance.  As such, it is also considered that this is therefore fully acceptable in landscape terms, particularly from the viewpoint at Gigha North End which is approximately 14 km away.

 

Given those views, the PPSLC agrees to raise no objection on the basis of being consistent with the specified policies and guidance in the Local Development Plan.

 

Moved by Councillor George Freeman, seconded by Councillor Lorna Douglas

 

The Amendment was carried by 6 votes to 3 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed not to object to the proposal for the following reasons:

 

1.    Landscape impact is minimised given that the site sits lower in the landscape due to the surrounding topography and as such it does not have a significant impact on the Upper Forest Moor Mosaic and the Rocky Mosaic character types.

 

2.   The location of the proposed wind farm is distant from visual receptors and as such the impact is minimised by this separation and as such it does not have a significant adverse visual impact on the appreciation of South Knapdale.

 

3.   The distance from existing wind farms is substantial which minimises the cumulative impact that can be perceived.  Given that the proposed wind farm will sit in a bowl it will not extend the cumulative visual impact from Kintyre into Knapdale.

 

4.   Given the compact footprint of the proposed development site, the variable height of the turbines nevertheless creates a homogeneous grouping which can be assimilated into the landscape having regard to the  proposed layout of the turbines, it is  considered that this clearly lessens the visual impact and does not give a jumbled appearance.  As such, it is also considered that this is therefore fully acceptable in landscape terms, particularly from the viewpoint at Gigha North End which is approximately 14 km away.

 

Given those views, the PPSLC agrees to raise no objection on the basis of being consistent with the specified policies and guidance in the Local Development Plan.

 

(Reference: Report of Handling dated 22 December 2017, supplementary report number 1 dated 22 January 2018, supplementary report number 2 dated 6 February 2018, supplementary report number 3 dated 20 May 2019 and supplementary report Number 4 dated 13 August 2019, submitted and late representations, tabled)

Councillor George Freeman left the meeting at this point.

Report by Head of Development and Economic Growth

Consideration was given to the recommended response to the Scottish Government’s Energy Consents and Development Unit Section 36 consultation regarding the proposed Blarghour wind farm.  The Senior Planning Officer spoke to the terms of the report.  In Scotland, any application to construct or operate an onshore power generating station, in this case, a wind farm, with an installed capacity of over 50 megawatts requires the consent of Scottish Ministers under Section 36 of the Electricity Act 1989.  Any ministerial authorisation given would include a ‘deemed planning permission’ and in these circumstances there is then no requirement for a planning application to be made to the Council as Planning Authority.  The Council’s role in this process is one of consultee along with various other consultation bodies.  The site is located within Mid Argyll, between Loch Awe and Loch Fyne and lies approximately 7 km to the north west of Inveraray and approximately 4.5 km to the south of Portsonachan.  The proposal would comprise 17 turbines of a maximum ground to tip height of 136.5m and other elements as detailed at Section A of the report of handling.  At the time of writing the report a total of 105 letters of representation had been made to the Scottish Government’s Energy Consents Unit – 65 in support and 40 objections.  Officers have concluded that for the reasons set out in the report, the proposed development does not accord overall with the relevant provisions of Scottish Planning Policy and the Local Development Plan and that there were no material considerations which would justify anything other than the Council objecting to this proposal.

 

Decision

 

The Committee agreed that the Council as Planning Authority objects to this proposal for the following reasons and that the Scottish Government be notified accordingly:

 

1.    Peat

 

Argyll and Bute Council will not support development proposals which do not protect, conserve or where possible enhance soils and peat.  Argyll and Bute Council will only support development where appropriate measures are taken to maintain soil resources and functions to an extent that is considered relevant and proportionate to the scale of the development.  Development that would potentially have a significant adverse effect on soil resources and functions or peat structure and function in terms of disturbance, degradation or erosion will not be supported unless it is satisfactorily demonstrated that: such adverse effects are clearly outweighed by social, environmental or economic benefits of community wide importance arising from the development proposal; and a soil or peatland management plan is submitted which clearly demonstrates how unnecessary disturbance, degradation or erosion of peat and soils will be avoided and how any impacts will be mitigated as much as possible.

 

The proposed development will have significant adverse impacts on the nationally important carbon-rich soils, deep peat and priority peatland habitat which are present on the site. The significant effects of the proposal on this area have not been substantially overcome through siting, design or other mitigation, as required by Local Development Plan Policy and Scottish Planning Policy. The presence of high quality and extensive blanket bog on deep peat makes this an unsuitable site for a large scale wind farm. The proposal will damage nationally important carbon-rich soils, deep peat and priority peatland habitat.

 

Therefore Argyll & Bute Council objects to this application as it will damage nationally important carbon-rich soils, deep peat and priority peatland habitat.

 

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, including local economic benefits and the achievement of climate change related commitments.

 

Having due regard to the above it is concluded that the proposal will have damage nationally important carbon-rich soils, deep peat and priority peatland habitat and is therefore inconsistent with the provisions of SG LDP ENV 1 – Development Impact on Habitats, Species and Our Biodiversity (i.e. biological diversity); SG LDP ENV 11 – Protection of Soil and Peat Resources; SG 2 Renewable Energy; LDP STRAT 1 – Sustainable Development; LDP DM1 – Development within the Development Management Zone; LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment; Policy LDP 6 – Supporting the Sustainable Growth of Renewables of the Argyll & Bute Local Development Plan; SPP (2014); Onshore wind policy statement, (January 2017).

 

2.    Landscape Impact

 

Argyll and Bute Council will assess with the aim of protecting conserving and where possible enhancing the built, human and natural environment.  A development proposal will not be supported when it does not protect, conserve or where possible enhance the established character and local distinctiveness of the landscape in terms of its location, scale, form and design.  Argyll and Bute Council will resist renewable energy developments where these are not consistent with the principles of sustainable development and it has not been adequately demonstrated that there would be no unacceptable significant adverse landscape and visual impacts, whether individual or cumulative.

 

The Argyll & Bute Landscape Wind Energy Capacity Study (LWECS) identifies a number of strategic recommendations for Argyll and Bute which the development contradicts, in the case of recommendations for Loch Awe substantially and in the case of Loch Fyne to a smaller extent:

 

·         ‘To conserve the rich scenic character found at the northern and southern ends of Loch Awe by locating additional wind farm development so it is well set back from the outer edges of the surrounding uplands of the Craggy Upland(7)’;

 

·         To follow the established pattern of larger wind farm development associated with less sensitive landscapes and to minimise impacts on smaller scale settled landscapes by locating development well back into the interior and considering limitations on the height of development;

 

·         Conserve the character and integrity of inner Loch Fyne by avoiding wind farm development on steep hill slopes and skylines

 

Recommendations for the Loch Awe area state that there is no scope for additional wind turbines over 130m and limited scope for turbines (80-130m high) to be accommodated either side of Loch Awe. The remaining undeveloped  ...  view the full minutes text for item 5.

Report by Head of Development and Economic Growth

The Development Manager spoke to the terms of the report.  This application was first presented to the Committee on 17 April 2019 where Members agreed to its continuation to allow the Applicant to provide additional information to address concerns of the Planning Authority.  The additional information has been received and is outlined in supplementary report number 2 along with details of a late representation to the application from Luing Community Council.  Reference was also made to supplementary report number 3 which advised of a further 2 late representations received.  Reference was also made to updated commentary from the Council’s Flood Risk Adviser which was sought following concerns raised by an objector.  The Flood Risk Adviser remains supportive of the proposal subject to an amendment to the wording at condition 5.   Planning permission is sought for the erection of three detached dwellinghouses on an area of ground to the northwest of Arizona, Toberonochy, Isle of Luing.  The site is situated within the Toberonochy Conservation Area and wider Knapdale and Melfort Area of Panoramic Quality and in the proximity of a number of Listed Buildings.  Reference was made to the numbers of representations received both for and against the proposal.  Officers considered that there would be no added value in holding a discretionary hearing in this case as objections did not give rise to any complex technical issues that could not be covered in the report.  It is recommended that Members note the additional information submitted in support of the application and endorse the recommendation that planning permission be granted subject to the conditions and reasons numbered 1 – 4 and 6 – 12 appended to supplementary report number 3 which have been updated from those in the original report of handling to reflect the content of the Tree Protection and Management Plan (TPMP) and subject to the amendment of condition 5 to reflect the updated response from the Council’s Flooding Adviser.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons which incorporated an amendment to the height of the fence, referred to within condition 8, from 1.8 metres to 1 metre:

 

General

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 05/07/18 and the approved drawing reference numbers Plan 1 of 26 to Plan 26 of 26 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.

 

Vehicular Access

 

2.    Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/002a at 90⁰ to the public road with visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing.  Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions 1.05 metres above the access.  The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

Parking and Turning

 

3.    The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans 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.

 

Bin Store

 

4.    Notwithstanding the provisions of Condition 1 – full details in plan form of a proposed bin store and enclosure at the junction with the public road shall be submitted and approved in writing by the Planning Authority in consultation with the Roads Authority.

 

Reason:  In the interests of road safety.

 

Surface Water Drainage

 

5.    Notwithstanding the provisions of Condition 1, no development shall commence on site until updated details of the proposed surface water drainage system have been submitted and approved in writing by the Planning Service in consultation with JBA Consulting.  Such details shall show the surface water drainage system designed in accordance with CIRIA C753 and Sewers for Scotland 4^th Edition and ensure that the post development 200 year plus climate change event is mitigated within the site boundary.  The surface water drainage system submission shall include site investigation details; a method statement for surface water containment during construction; and maintenance details for the proposed system.  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 maintained as such thereafter.

 

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

 

Finished Floor Level

 

6.    No development shall commence until details of the proposed finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site have been submitted to and approved in writing by the Planning Authority. Such a level shall be at least 0.3 metres above finished ground levels.  The development shall be implemented in accordance with the approved details.

 

Reason: In order to secure an acceptable relationship between the development and its surroundings and prevent surface water flooding.

 

Design and Finishes

 

7.    Notwithstanding the provisions of Condition 1, the windows to the front elevation of the proposed dwellinghouses shall be timber sliding sash and case units, full details of which shall be submitted in plan form and approved in writing by the Planning Authority prior to work starting on construction of the proposed dwellinghouses  ...  view the full minutes text for item 6.

Report by Head of Development and Economic Growth

The Area Team Leader spoke to the terms of the report.   Before commencing his presentation he referred to an error at section P of the report and confirmed that there were no crushing operations at the site.  The site is the existing Kilmartin Quarry which has been worked for a significant period of time with permissions extending back to 1986.  The portion of the site to which this permission relates has been worked with the processing equipment still in situ.  Permission has been granted for an extension to the west.  This submission is a follow up to a previous approval under schedule 10 of the Town and Country Planning (Scotland) Act 1997 (as amended) commonly referred to as Review of Old Minerals Permission (ROMP).  The purpose of the ROMP was not to review the status of the permission but to review the conditions to ensure they were up to date and fit for purpose in respect of continuing working of the quarry.  This process is undertaken every 15 years regardless of the length of permission.  Following approval of the updated ROMP conditions the Applicant has requested that condition 8 (noise levels) is varied by means of an application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to allow for a higher noise limit than that already approved.  The current level allows for a 3dB above background noise limits whereas the application is seeking 10dB above background.  PAN 50 indicates that a minimum fixed limit of 45dB(A) due to quarry operations is appropriate in quiet rural areas.  Officers recommend that, when considering PAN 50 and the advice from Environmental Health Officers, that the application be approved and the condition amended to reflect a higher noise limit but below that requested by the Applicant.  This would be consistent with the requirements of policy SG LDP MIN 2.

 

Decision

 

The Committee agreed to approve the application subject to the variation of condition 8 as detailed below:

 

Noise

 

8.    The Noise Rating Level attributable to the operation of the approved development shall not exceed 45dB(A) at any residential property measured and assessed in accordance with BS4142:2014. 

 

Reason: In order to protect the amenities of the area from noise nuisance

 

(Reference: Report by Head of Development and Economic Growth dated 2 August 2019, submitted)

Councillor Donald MacMillan left during consideration of the foregoing item.

Report by Head of Development and Economic Growth

The 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 Development and Economic Growth dated 2 August 2019, submitted)

Councillor Sandy Taylor left the meeting at this point.

Report by Head of Development and Economic Growth

The Major Applications Team Leader spoke to the terms of the report and to 2 supplementary reports advising of further representations received.  Reference was also made to a further 3 late representations received after publication of the supplementary reports.  Planning permission is sought for the erection of a 64 bedroom residential care home on a former Council depot site located within the settlement boundary of Helensburgh.  The site is also within the Upper Helensburgh Conservation Area and some 70m west of a War Memorial located within Hermitage Park.  A total of 58 emails and letters of objection have been received from 53 individuals and organisations.  Concerns have been raised by the Built Heritage Conservation Officer and Historic Environment Scotland.  Given the number of representations received, the range of determining issues and that the Council has an interest in the site, it is recommended that a discretionary pre-determination hearing be held in respect of this application.

 

Decision

 

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

 

(Reference: Report by Head of Development and Economic Growth dated 2 August 2019, supplementary report number 1 dated 19 August 2019 and supplementary report number 2 dated 20 August 2019, submitted)

Report by Executive Director with responsibility for Customer Support Services

A report presenting the Committee with the Service Annual Performance Review (APR) 2018-19 for Planning, Housing and Regulatory Services was considered.

 

Decision

 

The Committee agreed to endorse the Service APR 2018-19 as presented.

 

(Reference: Report by Executive Director – Development and Infrastructure Services dated 10 June 2019, submitted)

Councillors MacMillan and Taylor returned to the meeting at this point.

Report by Executive Director with responsibility for Customer Support Services

A report presenting the final Local Government Benchmarking Framework (LGBF) 2017/18 data for Argyll and Bute which includes our ‘Telling Our Story’ and ‘Looking Forward – Expected Impact on Indicator’ commentary from Heads of Service was considered.

 

Decision

 

The Committee:

 

1.    considered and noted the report for scrutiny activity and performance reporting purposes; and

 

2.    noted that the completed LGBF 2017/18 was published on the Council’s website as part of the Council’s statutory Public Performance Reporting duty.

 

(Reference: Report by Executive Director with responsibility for Customer Support Services dated 21 August 2019, submitted)

Report by Head of Development and Economic Growth

A report summarising the outcome of a recent appeal against the non-determination of application 18/01444/PP on land to the north of Cardross Primary, Barrs Road, Cardross was before the Committee for information.

 

Decision

 

The Committee noted the contents of the report.

 

(Reference: Report by Head of Development and Economic Growth, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report introducing the 2018/19 Planning Performance Framework (PPF) Annual report as required by the Scottish Government Planning Reform Agenda was before the Committee for information.

 

Decision

 

The Committee noted the Planning Performance Framework 2018/19 and that an update report would be submitted detailing Scottish Government feedback at the appropriate time later in 2019/20

 

(Reference: Report by Executive Director – Development and Infrastructure Services dated 31 July 2019, 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 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 Development and Economic Growth

Consideration was given to enforcement case reference 19/00096/ENOTH3.

 

Decision

 

The Committee agreed the recommendation detailed in the report.

 

(Reference: Report by Head of Development and Economic Growth dated 2 August 2019, submitted)

Report by Head of Development and Economic Growth

Consideration was given to a report bringing to Members’ attention the request for a Tree Preservation Order (TPO) under The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010.

 

Decision

 

The Committee agreed to the recommendation detailed in the report.

 

(Reference: Report by Head of Development and Economic Growth dated 21 August 2019, submitted)