Agenda and minutes

Apologies for absence were received from Councillors Audrey Forrest, Mark Irvine and Andrew Kain.

Councillor Blair declared a non-financial interest in planning application reference 22/02479/PP as his daughter worked with a company involved in the erection of pylon lines.  Having taken note of the updated Standards Commission Guidance in relation to declarations (issued on 7 December 2021) with specific reference to section 5.4(c), he did not consider that he had a relevant connection and as such would remain in the meeting and take part in the consideration of this application which is dealt with at item 5 of this Minute.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 April 2023 at 10.30 am was approved as a correct record.

 

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 19 April 2023 at 2.00 pm was approved as a correct record.

Report by Head of Development and Economic Growth

The Major Applications Team Leader spoke to the terms of the report and to supplementary reports numbered 1 and 2 which advised of late representations, a representation of support that had been withdrawn and further comment from Nature Scot and the Applicant. 

 

This application is for the siting and operation of a new salmon fish farm located within the Kilbrannan Sound.  The site would be served by sea from the existing shore base at Carradale Harbour.  At the time of writing the report this application has attracted 232 objections, 2 representations and 45 expressions of support.  Objections have also been raised by Argyll District Salmon Fishery Board, Tarbert and Skipness Community Council, Fisheries Management Scotland, and the Clyde Fishermen’s Association. 

 

The proposal is considered to be consistent with the relevant provisions of the Development Plan.  However, given the level of interest in the application and the complexity of the issues raised, it was recommended that a discretionary pre-determination hearing be held for this application in advance of determining this application.

 

Decision

 

The Committee agreed:

 

1.    to hold a discretionary pre determination hearing at the earliest opportunity on a hybrid basis within the Council Chamber, Kilmory, Lochgilphead and by Microsoft Teams; and

 

2.    to hold a site visit in advance of the date of the hearing.

 

(Reference: Report by Head of Development and Economic Growth dated 12 May 2023 and supplementary reports 1 and 2 dated 23 May 2023, submitted)

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  The proposal is for the erection of a 275kV gas insulated switchgear substation to connect into the recently completed overhead line between Inveraray and Crossaig.  The proposal is part of a number of infrastructure proposals to “maintain an efficient, co-ordinate and economical electrical transmission system” and is required to allow connection for renewable energy generation in the area across the wider electricity network.

 

It is considered that the proposal would accord with the principles and policies contained within the Local Development Plan and National Planning Framework 4 and is acceptable in terms of all other applicable in full with the material considerations.

 

It was recommended that planning permission be approved subject to conditions detailed in the report of handling.

 

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 16^th December 2022; the Environmental Appraisal (November 2022), supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site Location Plan	A01	A01	13/01/2023
Figure 1.1 An Suidhe Substation Red Line Boundary	A01	A01	13/01/2023
Site Layout Plan	4534a-DR-P-0017	Rev.2	19/12/2022
Substation Compound Layout and Electrical Section Locations	4534a-DR-P-0004	Rev.3	13/01/2023
Proposed Site Access Profiles	4534a-DR-P-0021		07/12/2022
Proposed Site Profiles	4534a-DR-P-0018	Rev.1	07/12/2022
Site Access Details	4534a-DR-P-0008	Rev.1	07/12/2022
Typical Access Track Sections – Sheet 1	4534a-DR-P-0007	Rev.2	07/12/2022
Typical Access Track Sections – Sheet 2	4534a-DR-P-0012	Rev.2	07/12/2022
Typical Deer Fence and Gate	4534a-DR-P-0016		07/12/2022
2.5m High Security Palisade Fencing Details	CE/34/2015	Rev.E	19/12/2022
Electrical Layout Elevations 01	4534a-DR-P-0011	Rev.1	07/12/2022
Electrical layout Elevations 02	4534a-DR_P-0013	Rev.2	07/12/2022
Generator Building Elevations	4534a-DR-P-0009	Rev.2	07/12/2022
Generator Building Floor Plan	LT288 An SUIDHE_DIESEL_FLOOR	Rev.1	13/01/2023
Substation Building Elevations	4534a-DR-P-0006	Rev.2	07/12/2022
Substation Building Layout	4534a-DR-P-0005	Rev.1	07/12/2022
Transformer Building Elevations	4534a-DR-P-0019		07/12/2022
Transformer Building Layout	4534a-DR-P-0020		07/12/2022
An Suidhe Septic Tank and Private Water Supply Location		A01	13/01/2023

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    No construction works shall be commenced until a Finalised Construction Environmental Management Document [CEMD] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMD unless otherwise agreed in writing by the Planning Authority. The CEMD shall include:

 

a)    An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent;

b)    Processes to control/ action changes from the agreed SM;

c)    Construction Environmental Management Plans (CEMPs) for the construction phase covering:

 

i)             Habitat and species protection, including ECoW Details, surveys and species protection plans;

ii)            Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9);

iii)           Pollution prevention and control;

iv)           Dust management, including construction activity and vehicle movements;

v)            Construction noise and vibration

vi)           Temporary site lighting;

vii)         Watercourse crossings;

viii)        Site waste management

ix)           Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring;

x)            Soil Management and Peat Management Plan

xi)           Mapping of borrow pits and associated habitats identified for restoration;

xii)         Invasive Non-Native Species Management Plan

xiii)        Emergency Response Plans;

xiv)        Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and

xv)         Other relevant environmental management as may be relevant to the development

 

d)    A statement of responsibility to ‘stop the job/ activity’ if a breach or potential breach of mitigation or legislation occurs; and

e)    Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties.

 

Reason: To ensure protection of surrounding environmental interests and general amenity.

 

3.    No development shall commence until a Construction Traffic Management Plan (CTMP) and Phased Delivery Plan have been prepared and approved in writing by the Local Authority, in consultation with the Roads Authority, and Transport Scotland as the trunk roads Authority. The Plan shall include details of:

 

a)    Approved access routes,

b)    Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage);

c)    The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.

d)    Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management).

 

The development shall be implemented in accordance with the duly approved Traffic Management Plan

 

Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network.

 

4.    No development or ground breaking works shall commence until a programme of archaeological works in accordance with a written scheme of investigation, has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service. The scheme shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground  ...  view the full minutes text for item 5.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  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 the changes to the conditions on the previous permission.  The principle of development is not under consideration and the original permission remains live.

 

Planning permission in principle was approved for this development following a hearing on 26 January 2017.  The site is located to the north of the settlement of Cardross and is bounded by Darleith Road to the west and a private access to the east.  This private access is a continuation of Barrs Road.   The applicant has applied to vary Condition 2 to alter the finished floor levels of the dwellings.

 

It is considered that the proposal accords with the principles and policies contained within the Local Development Plan and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997 subject to the following conditions and reasons:

 

1.    Plans and particulars of the matters specified in conditions 2,3,6,7,8,9,11,12,13,15,16 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 details contained within the approved plans and particulars.

 

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

 

2.    Pursuant to Condition 1 – unless otherwise approved in writing by the Planning Authority, no development shall commence in respect of any individual plot until plans and particulars of the site layout, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished floor levels relative to an identifiable fixed datum located outwith the application site. These levels shall be at least 0.15 metres above finished ground levels. Thereafter, the development shall be implemented in accordance with the duly approved details which shall have regard to special needs access requirements established by policies SG LTP TRAN 3 and SG LDP HOU 2.

 

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 Condition 1 – no development shall commence until a scheme for the provision of affordable housing that is in accordance with the provisions of the Council’s Development Plan Policy and Supplementary Guidance on Affordable Housing has been submitted to and approved in writing by the Planning Authority. The scheme shall:

 

a)    Provide that a minimum of 25% of the approved dwellings are affordable homes;

b)    Define those dwellings that are to be used as affordable homes;

c)    Establish the timing of the provision of the affordable homes relative to the phasing of the development, which shall ensure that works on the last 25% of those approved dwellings that are not affordable homes are not commenced until the affordable homes have been completed for occupation;

d)    Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers.

 

The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing.

 

Reason: To accord with the provisions of the development plan in respect of affordable housing provision.

 

4.    Unless otherwise agreed in writing by the Planning Authority in consultation with the Road Network Manager, no development shall commence unless and until the following improvements to Darleith Road have been provided:

 

i)        The provision of a suitable traffic calming scheme (give and take priority) and the provision of three new off-street car parking spaces between Barrs Terrace and Mill Road. A drawing showing details of these provisions shall be submitted for prior written approval of the Planning Authority.

ii)      Road improvement between Mill Road and the proposed development site entrance as identified on plan TIAvcar2_SK002B.

iii)    The provision of a passing place immediately to the north of the proposed development site entrance in order to accommodate large vehicles passing in opposite directions.

iv)    Upgrade of the existing lighting between Mill road and the existing 30 mph speed restriction limit.

 

Reason: To provide improvements, including suitable traffic calming measures, compensatory parking and a passing place for larger vehicles, in the interests of road safety and to ensure a safe connection from the A814 to the site.

 

5.    Unless otherwise agreed in writing by the Planning Authority, in consultation with the Road Network Manager, no dwelling shall be occupied unless and until the existing 30 miles per hour speed restriction on Darleith Road has been extended and brought into effect to a location north of the Darleith Road access, the exact location to be agreed in consultation with the Road Network Manager.

 

Reason: In the interests of road safety.

 

6.    Pursuant to Condition 1 – no development shall commence until the following plans and particulars have been submitted to and approved by the Planning Authority in consultation with the Road Network Manager. Thereafter, the schemes shall be carried out in accordance with the approved details. Such details shall incorporate:

 

i)     On the A814 Main Road, Cardross, a scheme to enhance the gateway features in both directions at the entrances into Cardross village to be fully implemented in accordance with these details prior to occupation of the first dwelling house.

ii)    On the A814 Main Road, Cardross, within the village envelope a scheme to enhance traffic calming to be fully implemented in accordance with these details prior to occupation of the first dwelling house.

 

Reason: In the interests of  ...  view the full minutes text for item 6.

Report by Executive Director with responsibility for Development and Economic Growth

A report raising awareness of the Scottish Government proposal regarding the selection and designation of a new National Park(s), with the nomination process proposed to be initiated in the summer 2023, was before the Committee for consideration.

 

Decision

 

The Committee considered and noted:

 

1.    the role of National Parks;

 

2.    the Scottish Government process for selection and designation of a new National Park(s); and

 

3.    some of the potential issues related to the designation of a National Park.

 

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 18 April 2023, submitted)