Agenda and minutes
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APOLOGIES FOR ABSENCE Additional documents: Minutes: Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey and Mark Irvine. |
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DECLARATIONS OF INTEREST Additional documents: Minutes: Councillor Dougie Philand declared a non-financial interest in planning application reference 23/00185/PP as he was a personal friend of the leaseholder of the land. Councillor Dougie Philand also declared a non-financial interest in planning application reference 24/00564/PP as he was appointed to the Fyne Homes Management Board by the Council. He confirmed that he would leave the meeting and take no part in the consideration of both these applications which were dealt with at items 5 and 7 of this Minute. Councillor Graham Hardie declared a non-financial interest in Enforcement Case Reference 15/00051/ENAMEN as he was a personal friend of the landowner. He confirmed that he would leave the meeting and take no part in the consideration of this case which was dealt with at item 15 of this Minute. Councillor Peter Wallace also declared a non-financial interest in planning application reference 24/00565/PP dealt with at item 7 of this Minute. Having taken note of the 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. |
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Additional documents: Minutes: a) The Minute of the Planning, Protective Services and Licensing Committee held on 21 August 2024 at 11.00 am was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 21 August 2024 at 2.00 pm was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 29 August 2024 was approved as a correct record. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Planning Officer spoke to the terms of the report. This application was presented to the PPSL Committee on 21 February 2024 and was granted subject to conditions and the conclusion of a Section 75 Agreement. A supplementary report advised Members of a change in circumstances regarding the legal control over the relevant section of land that negates the requirement for a Section 75 Agreement. Members were asked to note the content of this report, which did not introduce any new information that had not already been addressed in the original report of handling. It was also recommended that planning permission be granted subject to the conditions and reasons appended to this report. Decision The Committee noted the contents of the report and agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on
Soil Management During Construction Additional Conditions 1. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in Conditions 3, 4, 5, 7, 8 and 9 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. PPP - Approved Details The development shall be implemented in accordance with the details specified on the application form dated 30.09.2022 supporting information and, the approved drawings listed in the table below.
Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. 3. Timescale to be Agreed for Completion Pursuant to condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority.
Reason: In order to comply with the requirements of NPF4 Policy 16F. 4. Vehicular Access, Parking and Turning Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: i) The upgrade of the existing access at the connection with the public road in accordance with the Council’s Roads Standard Detail Drawing SD08/002a with visibility splays measuring 2.4 metres to point X by 25 metres to point Y; ii) The provision of a parking and turning area in accordance with the requirements of Policy LDP 11 and Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015; iii) The provision of a footway to be provided over the total length of the private road; iv) A road carriageway with a minimum width of 3 metres; v) The provision of passing places in accordance with Operational Services Drawing 08/003a at locations approximately 50m, 90m and 180m from the junction with the public road; vi) The provision of a turning head in accordance with Figure 18 of The Roads Development Guide to be provided at the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’, with a bin storage area to the rear of the turning head; vii) The provision of street lighting ducting to be installed from the junction with the public road to the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’; Prior to any work starting on site, the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 0.6m above the road carriageway at point Y and the visibility splays shall be maintained clear of all obstructions thereafter. The approved scheme of road improvement works shall be fully implemented prior to any works commencing in relation to the construction of the dwelling. The developer shall provide written notification to the planning authority upon completion of the approved road improvement works and shall not proceed with any further development within the application site boundary until such time as written confirmation has been received from the planning authority, in consultation with the Council’s Roads Engineers, that the completed road improvements are satisfactory. Reason: In the interests of road safety. Note to applicant:
5. PPP
– Availability of Connection to Public Water Supply Pursuant to Condition 1 - no development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided in writing to the Planning Authority before commencement of development. Reason: To ensure that the development is adequately served by a public water supply. Note to Applicant: · In the event that a public water supply connection cannot be obtained an alternative private water supply would constitute a material amendment requiring the submission of a further planning application. 6. Sustainable
Drainage System Notwithstanding the provisions of Condition 2, the development shall incorporate a surface water drainage ... view the full minutes text for item 4. |
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Having previously declared an interest in the following item, Councillor Dougie Philand left the meeting at this point. |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: The Planning Officer spoke to the terms of the supplementary report number 4. This application was presented to the Committee on 22 May 2024 and the Committee agreed to request from Planning Officers information on what impact this proposed development would have on access to, and operation of, the remaining agricultural land in terms of Policy 83 of LDP2 – Safeguarding Agricultural and Croft Land. Planning Officers sought further information from both the Applicant and the tenant farmer and this has now been received. A request was made to continue consideration of the application until the information received could be assessed. Decision The Committee agreed to note the content of the report and continue consideration of this application until the information received had been assessed. (Reference: Report by Head of Development and Economic Growth dated 8 May 2024, supplementary report number 1 dated 21 May 2024, supplementary report number 2 dated 10 June 2024, supplementary report number 3 dated 12 August 2024 and supplementary report number 4 dated 4 September 2024, submitted) |
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Councillor Philand returned to the meeting. |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 which advised of an error in paragraph 4.2 of the main report of handling and late representations received. This application is for the installation of a new marine fish farm for the farming of Atlantic salmon in the Sound of Jura approximately 450 m west of the Isle of Gigha. The site would comprise 8 x 160 m circumference pens in a 2 x 4 formation along with a 600 tonne feed barge which would be located at the centre of the group on the shore side. The site would be serviced from the Company’s existing shore base located on the north east side of the Isle of Gigha. The proposal has attracted 31 objections and 16 expressions of support. An objection has also been raised by Gigha Community Council in their capacity as statutory consultee and they have requested that Members visit the site. Given the level of interest in the application and the complexity of the issues raised, it was recommended that Members give consideration to holding a pre-determination hearing 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 5 September 2024 and supplementary report number 1 dated 17 September 2024, submitted) |
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Having previously declared an interest in the following item, Councillor Dougie Philand left the meeting at this point. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Area Team Leader spoke to the terms of the report. Planning permission is sought for the
erection of eight dwellinghouses on a grassed area of land measuring 0.23
hectares in Rothesay, Isle of Bute. The proposal
comprises four dwellinghouses (two semi-detached blocks) along the Ballochgoy
Road frontage and four dwelling houses (two detached blocks and semi-detached
block) along the Prospect Terrace frontage. The site is located within the ‘Main Town’ of Rothesay as identified in
the adopted Argyll and Bute Local Development Plan (LDP2) and given that it was
previously occupied by flatted blocks but is now grass, it represents
brownfield land that has become naturalised. A sixteen signature petition objecting to the application has been
submitted and a representation has also been received, which neither advances
support nor expresses objection. Planning Officers consider the proposal to be consistent with the
relevant provisions of the Development Plan and there are no other material
considerations of sufficient significance to indicate that it would be
appropriate to withhold planning permission. It was recommended that planning permission be granted subject to the
conditions, reasons and information notes detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the
following conditions, reasons and informative notes: Standard Time Limit Condition
for Planning Permission (as defined by Regulation) Standard Condition on Soil
Management During Construction Additional Conditions 1. Unless otherwise directed
by any of the conditions below, the development shall be implemented in
accordance with the details specified on the application form dated 22nd
March 2024; the Addendum dated 3rd April 2024; 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.
Reason: For the purpose of
clarity, to ensure that the development is implemented in accordance with the
approved details. 2. Parking Spaces and Dropped Footways Unless otherwise agreed in writing with the Planning
Authority, prior to the development first being occupied, the following works
shall be completed in accordance with the details shown on the approved Drawing
No. 7860/02 Rev F ‘Proposed Site Plan’:
Reason: In the interests of
road and pedestrian safety. 3. Visibility Splays Prior to the occupation of each individual
dwellinghouse, sightlines of 42 metres in both directions, measured from a
distance of 2.4 metres back from the edge of the public road at the centre
point of the two in-curtilage parking spaces, shall be cleared of all
obstructions above a height of 1.05 metres from the level of the road and
thereafter maintained as such in perpetuity. Reason: In the interests of road and
pedestrian safety. 4.
Removal of PD Rights - Dwellinghouses Notwithstanding the provisions of the Town
and Country Planning (General Permitted Development) (Scotland) Order 1992 (as
amended), (or any Order revoking and re- enacting that Order(s) with or without
modifications), nothing in Article 2(4) of or the Schedule to that Order, shall
operate so as to permit, within the area subject of this permission, any
development referred to in Part 1 and Class 1D and 2B of the aforementioned
Schedule, as summarised below: Class 1D: Any enlargement of a dwellinghouse
by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other
alteration to the external appearance of a dwellinghouse that is not an
enlargement. Reason: To prevent the formation of
additional window/door openings or dormer windows which may give rise to a loss
of privacy to adjoining property without prior assessment on application by the
Planning Authority; which would otherwise be capable of being carried out under
Article 2(4) of the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 (as amended). 5. Secure Affordability by Restricting Development to RSL The development hereby permitted shall only
be implemented by a Registered Social Landlord (a body registered under part 3
chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in
the event of the revocation and re-enactment thereof, with or without
modification) and shall not enure for the benefit of any other person, company
or organisation. Reason: To ensure the provision of affordable
housing to the standard required by the development plan in the absence of any
other agreed means of securing such provision. 6. Timescale to be Agreed for Completion Prior to development commencing, details of
the proposed timescale for completion of the approved development shall be
submitted to and agreed in writing with the Planning Authority. Thereafter, the
development shall be implemented in accordance with the duly approved timescale
for completion unless an alternative timescale for completion is otherwise
agreed in writing with the Planning Authority. Reason: In order to comply with the
requirements of NPF4 Policy 16F. 7. Electric Vehicle Charging ... view the full minutes text for item 7. |
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Councillor Philand returned to the meeting. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Area Team Leader spoke to the terms of the report. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as being within the defined Settlement Area of Balemartine on the proposals maps where LDP2 Policy 01 states that development will normally be acceptable subject to a number of criteria. The proposal is seeking to secure planning permission for the demolition of the existing dwellinghouse, ‘Comraich’ to allow for the redevelopment of the site with a purpose built dwellinghouse. The proposal has elicited 25 objections and 14 expressions of support. The main thrust of objection relates to the scale, design and finishes of the proposed development. It is the opinion of Planning Officers that the design proposed for the replacement dwellinghouse pays appropriate regard to the characteristics of the area and the proposal is considered to accord with the provisions of the current Development Plan and with national planning policy. 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 subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 19/06/24, 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.
Reason: For the
purpose of clarity, to ensure that the development is implemented in accordance
with the approved details. 2.
PP – Timescale to be Agreed for Completion No development
shall commence until details of the proposed timescale for completion of the
approved development have been submitted to and approved by the Planning
Authority. Thereafter, the development shall be implemented in accordance with
the duly approved timescale for completion unless an alternative timescale for
completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the
requirements of NPF4 Policy 16F. 3. PP
– Sustainable Drainage System Notwithstanding the effect of Condition 1,
the development 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’s SuDS Manual C753 and Sewers for
Scotland 4th Edition. The
requisite surface water drainage shall 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. Note to Applicant: Further advice on SuDS can be found in SEPA’s
Standing Advice for Small Scale Development – www.sepa.org.uk 4.
PP –
Submission of Sample Materials Notwithstanding
the effect of Condition 1, no development shall commence until samples of the
proposed roofing materials to be used in the proposed development have been submitted to and approved in writing by
the Planning Authority. The development shall thereafter be completed using the
approved materials or such alternatives as may be agreed in writing with the
Planning Authority. Reason: In order
to integrate the development into its surroundings. 5.
PP -
Electric Vehicle Charging – Residential with off street parking Prior to the
commencement of the development (or such other timescale as may be agreed in
writing with the Planning Authority), a scheme detailing the provision of a
minimum 7kw electric vehicle charging point shall be submitted to and approved
in writing by the Planning Authority. Where charging cannot be provided then
the appropriate ducting to future proof the property must be installed. The approved
charging point, or where relevant, the approved cable ducting shall be
installed in full prior to the first occupation of the development, and
thereafter retained in perpetuity unless otherwise agreed in writing by the
planning authority Reason: to comply with the provisions of NPF4
Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 6. PP
– Biodiversity Statement No development shall commence until a
biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits
will be maintained for the lifetime of the development has been submitted and
agreed in writing with the Planning Authority. All biodiversity enhancement measures consisting
of new or enhanced planting shall be undertaken either in accordance with the
approved scheme of implementation or within the next available planting season
following the development first being brought into use. The biodiversity statement should refer to Developing with
Nature guidance | NatureScot as appropriate. Reason: To comply
with the requirements of NPF4 Policy 3. (Reference: Report by Head of Development and
Economic Growth dated 4 September 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. The proposed site is located partly within and partly adjacent to a listed walled garden, first constructed between 1752 and 1755, all set within the historic designated garden and designed landscape of Inveraray Castle. In terms of the adopted Local Development Plan (LDP2), the site is located within the designated Countryside Area. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and 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 was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matters be given consideration in finalising any future planning application submission – · The Committee welcomed the economic benefit to the area; · The Committee asked that consideration be given to using the existing access to the south of the estate as it had good visibility splays at that location; and · The Committee asked that consideration be given to the Applicant supporting the upkeep and maintenance of the Inveraray-Dalmally road. (Reference: Report by Head of Development and Economic Growth dated 30 August 2024, submitted) |
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DEVELOPMENT MANAGEMENT SERVICE PLAN 2024 - 2026 Report by Executive Director with responsibility for Development and Economic Growth Additional documents: Minutes: A report seeking the endorsement of the Development Management Service 2024 – 2026 attached as Appendix A was considered. The Service Plan provides an overview of the Development Management Service and its main duties and seeks to outline how the Service can operate to underpin the corporate objectives of the Council. Decision The Committee agreed to approve and endorse the Development Management Services Plan 2024 – 2026 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Development Management Service Plan 2024 – 2026, submitted) |
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DEVELOPMENT MANAGEMENT CHARTER 2024 Report by Executive Director of Development and Economic Growth Additional documents: Minutes: A report seeking the endorsement of the Development Management Charter attached as Appendix A was considered. The Development Charter is intended to inform customer expectations by providing an overview of the Development Management Service, the Development Management Process, and to set out the standard of service that customers should expect in terms of both performance and the manner in which a service is provided. Decision The Committee agreed to approve and endorse the Development Management Charter 2024 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Development Management Charter 2024, submitted) |
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UPDATED PLANNING ENFORCEMENT AND MONITORING CHARTER 2024 Report by Executive Director with responsibility for Development and Economic Growth Additional documents:
Minutes: A report seeking the endorsement of an updated Argyll and Bute Enforcement and Monitoring Charter contained at Appendix A was considered. Enforcement Charters should be reviewed every 2 years and they must outline what service is provided to customers and complainants in relation to breaches and alleged breaches of planning control. Decision The Committee agreed to approve and endorse the updated Enforcement and Monitoring Charter 2024 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Planning Enforcement and Monitoring Charter 2024, submitted) |
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The Chair ruled, and the Committee agreed, to take a short comfort break at this point. The Committee reconvened at 12.35 pm with all those present as per the sederunt with the exception of Councillor Liz McCabe. |
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UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISION Report by Head of Development and Economic Growth Additional documents: Minutes: A report summarising a recent decision by Scottish Ministers following an appeal in respect of planning application reference 21/01583/PP, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) |
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UPDATE ON RECENT SCOTTISH MINISTERS SECTION 37 DECISION Report by Head of Development and Economic Growth Additional documents: Minutes: A report summarising the decision made by Scottish Ministers to approve Section 37 consent and deemed planning permission in respect of the proposed 275KV Transmission line from Dalmally to Creag Dhubh, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 5 September 2024, submitted) |
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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 respectively of
Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. |
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Councillor Graham Hardie, having declared an interest in the following item, left the meeting at this point. |
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E1 |
ENFORCEMENT REPORT - REFERENCE 15/00051/ENAMEN Report by Head of Development and Economic Growth Minutes: The Committee considered enforcement case reference 15/00051/ENAMEN. Decision The Committee agreed to continue consideration of this case for a period of 6 months to allow Planning Officers to make further investigations and consult with other agencies. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) |
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Councillor Hardie returned to the meeting. |
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E1 |
REQUEST FOR A TREE PRESERVATION ORDER Report by Head of Development and Economic Growth Minutes: The Committee considered a request for a Tree Preservation Order. Decision The Committee agreed the recommendations detailed in the report. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) |