Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

Paperwork previously submitted to meetings held on 26 November 2021, 7 February 2022 and 6 April 2022

The Chair, Councillor David Kinniburgh, welcomed everyone to the meeting.  He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Mr Jackson, who would provide procedural advice if required.

 

Councillor Kinniburgh referred to the previous meeting which was continued to allow Councillor Forrest time to seek a competent Motion to approve the application, and invited Councillor Forrest to address the LRB at this point.

 

Motion

 

I have noted previously that other than the road safety issues that the planners have asked us to consider which in their view means that the application doesn’t comply with Policy LDP 11 and SG LDP TRAN 4 of the current LDP and Policy 37 of the proposed LDP2 this application complies with all other relevant policies in the current LDP and the proposed LDP2.

 

Having had the opportunity of reading the further representations from the planners and the applicants’ agent and all other information provided to the LRB, I am of the view that this application can be approved.

 

I’ve noted the details of the legal advice received by the Council, albeit in relation to another application and while it is clear that a condition that ensures that only the pods are used for B&B accommodation and not the dwellinghouse could be challenged and may be difficult to enforce, it is a condition that can be applied to an approval of the application.

 

I am prepared to take the applicant and their agent at their word, where they have said that the whole driver behind the project is to provide self-contained accommodation that will provide B&B guests and the applicants’ high levels of privacy and that they will not let the rooms in the house that they currently use for B&B. I would not expect them to renege on that.

 

Turning to the road safety issues identified by the planners/roads department, ie, in relation to the shared access and potential implications for members of the public due to the fact that the access is situated on a primary school/link path/cycle path.

 

In my view these are subjective matters and while I understand the concerns of the planners/roads department, the shared access over the bridge is used by vans delivering to Soroba House Hotel and customers of the hotel, post office vans and others delivering to the properties behind the hotel and to the existing guest house along with customers of the guest house and I cannot see how the exchange of 2 rooms within the house to the 2 pods for B&B would mean that there would be a material increase in traffic that would require the commensurate improvements required by the roads department/planners in relation to this shared access or cause any issues for members of the public.

 

The conditions to be attached to the approval, which in effect restrict the use of the pods for B&B, if at any point the principal house is being used for B&B and the submission by the applicant of a ‘construction method statement’ that requires to be approved by the planners will in my view be sufficient to manage these concerns.

 

I would therefore move that the application is approved subject to the conditions provided by the applicants’ agent and detailed on pages 12 and 13 of the papers considered by the LRB at the meeting on 6 April with an amendment to condition 3 as follows

 

Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, the new letting units are not to be occupied during any period when the principal dwellinghouse is operating as [or being occupied as] a bed and breakfast or guest house.

 

Reason – in the interests of road safety to ensure that vehicle numbers do not increase from their existing levels.

 

Moved by Councillor Audrey Forrest, seconded by Councillor Alastair Redman.

 

Councillor Kinniburgh advised that he did not support this Motion and, having moved an Amendment which failed to find a seconder, he asked for his dissent from the following decision to the recorded.

 

Decision

 

The Argyll and Bute Local Review Body agreed by a majority 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 31/08/20; 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 and Location Plans	101		01/09/20
Site Plan Showing Aerial Image	102		01/09/20
Proposed Holiday Pod No. 1 – Plans, Sections & Elevations	103 a		01/09/20
Proposed Holiday Pod No. 2 – Plans, Sections & Elevations	104 a		01/09/20
Supporting Statement (7 Pages)			01/09/20

 

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

 

Note to Applicant:

 

·         This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

 

·         In order to comply with Sections 27A(1)  of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act.

 

·         In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

 

Both the  ...  view the full minutes text for item 3.