Agenda and minutes

An apology for absence was received from Councillor Andrew Kain.

There were no declarations of interest.

a)    The Minute of the Planning, Protective Services and Licensing Committee held on 13 November 2024 was approved as a correct record.

b)    The Minute of the Planning, Protective Services and Licensing Committee held on 20 November 2024 at 10.30 am was approved as a correct record.

c)    The Minute of the Planning, Protective Services and Licensing Committee held on 20 November 2024 at 2.30 pm was approved as a correct record.

d)    The Minute of the Planning, Protective Services and Licensing Committee held on 20 November 2024 at 3.30 pm was approved as a correct record.

Report by Executive Director with responsibility for Regulatory Services and Environmental Health

Consideration was given to a report proposing amendments to the Council’s Short-Term Let Licensing Policy to reflect legislative changes introduced by the Civic Government (Scotland) Act 1992 (Licensing of Short-term Lets) Order 2024, experience and discussions with other local authorities, Scottish Government, the Short-Term Let Licensing Team, customers and the Association of Scottish Self Caterers (ASSC).

Decision

The Committee:

1.    considered this report and the revised Short-Term Let Licensing Policy detailed in Appendix 1; and

2.    recommended to Council approval of the revised Short-Term Let Licensing Policy.

(Reference: Report by Executive Director with responsibility for Regulatory Services and Environmental Health dated 2 December 2024, submitted)

Report by Executive Director with responsibility for Legal and Regulatory Support

In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority requires to fix maximum fares and other charges in connection with the hire of taxis operating in their area and to review the scales for taxi fares and other charges on a regular basis.  The new fare structure requires to come into force by 22 April 2025.  The fares were last reviewed by Members on 21 June 2023 and took effect on 22 October 2023. 

Consideration was given to a report advising the Committee they were now required to carry out a further review of taxi fares and other charges.

Decision

The Committee agreed:

1.    To propose an increase of 10% on tariff 1, tariff 2 and tariff 3 and that this take effect from 22 April 2025;

2.    To authorise the Head of Legal and Regulatory Support to advertise this proposal and to invite any responses within one month of the advertisement and report back to Members at their meeting on 19 March 2025; and

3.    Should no objections or representations be received in relation to the proposal, to delegate to the Head of Legal and Regulatory Support, in consultation with the Chair of the PPSL Committee to conclude the review without the requirement for the Committee to consider a further report.

(Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 18 December 2024, submitted)

Councillor Paul Kennedy declared a financial interest prior to debating the foregoing item as he was a taxi driver and he left the meeting at this point.

Councillor Audrey Forrest joined the meeting during presentation of the foregoing item.

Councillor Paul Kennedy returned to the meeting at the conclusion of this item.

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1.  At the PPSL Committee on 20 November 2024 it was agreed to continue to consideration of this proposal to allow for an outstanding issue regarding Noise to be dealt with and the Energy Consents Unit agreed an extension to 19 December 2024 for submission of a consultation response by the Council.

Consideration was given to a recommended response to the Scottish Government’s Energy Consents Unit and Deployment Unit consultation on the Section 36 Application for the erection of 13 turbines with a maximum height of 180m and ancillary infrastructure including a Battery Energy Storage System (BESS) at land approximately 4.7 km north of Inveraray.

This report reviews the policy considerations which are applicable to this proposal and the planning merits of the development, the views of bodies consulted by the Scottish Government along with other consultations undertaken by the Council, and third party opinion expressed to the Scottish Government.

It was recommended that the ECU be notified that Argyll and Bute Council does not object to the proposed development and to recommend the ECU to consider mitigation and conditions as detailed in supplementary report number 1.

Decision

The Committee agreed that the ECU be notified accordingly that:

1.    Argyll & Bute Council does not object on landscape and visual grounds, however, recommends the following advice is considered by the Energy Consents Unit:

Mitigation - Consideration should be given to the mitigation recommended by the Council’s Consultant Landscape Architect:

• There is scope to reduce effects on views from Glen Aray and from Dun na Cuaiche by removing or substantially reducing the heights of Turbines 11 and 13. This measure would also reduce intrusion from Loch Fyne, particularly in the Strachur area and would negate adverse impacts (particularly if woodland were to be removed in future) close to Inveraray at Viewpoint 4. It is additionally recommended that off-site planting should be undertaken to extend screening along the A819 and mitigate effects on views.

• The applicant should also consider more ambitious landscape and biodiversity mitigation and enhancement proposals in line with the aims of NPF4 Policy 3. The proposed wind farm should form a catalyst to effect quicker and more far-reaching improvement to uniform and, in places, poorly designed forestry. The proposed Wind Farm Restocking Plan does not hugely differ from the baseline Restocking Plan (see Figures 14.4 and 14.7) and more should be done to improve the angular northern and south-eastern margins of productive forest. The planting of more extensive native woodlands should form part of the Biodiversity Enhancement Management Plan (BEMP) and Wind Farm Forest Plan. Biodiversity and landscape enhancement measures should not be confined to the site (which is limited by its use as a productive forest) but should extend outside the site with the aim of better integrating the forest with its surroundings and improving connectivity for wildlife.

• The effects of visible aviation lighting are concerning particularly given the considerable number of applications in Argyll & Bute where turbine lighting is proposed. While it is accepted that the day-time effects of the proposal would be of greater significance and would be likely to affect more people, consideration should be given to future mitigation of the effects of lighting on the dark skies of Argyll. It is therefore also strongly recommended that an Aircraft Detection Lighting System should be installed at the earliest opportunity as this would reduce the duration and impact of night-time lighting.

2.    Argyll & Bute Council recommends that the recommendations of the Local Biodiversity Officer are considered by the ECU:

• Floatation tracks must be used on areas of deeper peat to avoid disturbance.

• While the impact to bats is unlikely to be significant, it would be advisable to monitor any fatalities that may occur from collision as they are found to forage within the wind turbine areas.

• the applicant should include a clear plan of proposed fence siting, the type of marking to be used, the distance from known lek sites, and programme of monitoring fence for any potential black grouse carcasses.

3.    Argyll & Bute Council recommends that all conditions recommended by consultees should be included in any Consent.

(Reference: Report by Head of Development and Economic Growth dated 6 November 2024 and Supplementary Report Number 1 dated 3 December 2024, submitted)

Councillor Daniel Hampsey left the meeting during consideration of the foregoing item.

Report by Executive Director with responsibility for Development and Economic Growth

Local Place Plans (LPPs) were introduced by the Planning (Scotland) Act 2019 with the publication of the Town and Country Planning (Local Place Plans) (Scotland) Regulations 2021 and Planning Circular 1/2022. 

A report advising Members of the validation and registration of the Luing Local Place Plan was considered.

Decision

The Committee agreed:

1.    to note the registration of the Luing LPP which has been made available on the website as well as a hard copy at the Manse Brae Office; and

2.    that future Local Place Plans would be brought to PPSL for noting and once registered would be placed on the Council’s website.

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 17 October 2024, submitted)

Report by Executive Director with responsibility for Development and Economic Growth

A report providing a summary of the proposals set out within the UK Government consultation “Electricity Infrastructure Consenting in Scotland” was considered along with a response approved by the Council’s Executive Leadership Team, which was submitted prior to the consultation closing date of 29 November 2024. 

A further response including comments/amendments from the PPSL could be submitted if necessary.

Decision

The Committee considered and approved the draft consultation response attached to this report as Appendix 1.

(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 25 November 2024, submitted)

Councillor Daniel Hampsey returned to the meeting during consideration of the foregoing item.