Venue: By Microsoft Teams
Contact: Lynsey Innis, Senior Committee Assistant Tel: 01546 604338
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APOLOGIES FOR ABSENCE Minutes: There were no apologies for absence. |
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DECLARATIONS OF INTEREST Minutes: There were no declarations of interest intimated. |
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Additional documents:
Minutes: The Chair, Councillor Green, 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. The Chair asked Mr Jackson to speak to the revised response provided by
the Planning authority by way of supplementary pack issued on 26 March 2024, to
the submission of further information provided by the applicant. Mr Jackson advised that the original decision
to refuse planning permission for the development was made under the provisions
of the then extant Local Development Plan (LDP), the National Planning
Framework 4 (NPF4) and all other material planning considerations, including
the proposed LDP2. He advised that since
the original decision was made, a new Local Development Plan (LDP2) had been
adopted by the Council. Mr Jackson
advised that it was therefore appropriate that the original decision be
reconsidered under the relevant provisions of the newly adopted LDP2. Having considered this
information, the Chair advised that his first task would be to establish if the
Members of the LRB felt that they had sufficient information before them to
come to a decision on the Review. Both Councillors Irvine and
Wallace confirmed that they had sufficient information to come to a
decision. The Chair advised that he too
felt he had sufficient information to come to a decision. Councillor Irvine advised
that he was disappointed by the supplementary information provided by the
applicant. He advised that in his
opinion it failed to show substantive data on either wind speed or soil
analysis that would evidence the claim of an exceptional case. He advised that he supported the decision of
the planners to refuse the application as he believed it to be contrary to both
LDP2 and NPF4 Policy 9. Councillor Wallace agreed
with Councillor Irvine and advised that in his opinion, no new information had
been submitted that would support the claim of an exceptional case and on that
basis he agreed that the refusal should be upheld. The Chair, Councillor Green
advised that he agreed with both Councillors Irvine and Wallace and that in his
opinion the information supplied by the applicant was not sufficient and that
the application was contradictory to both LDP2 and NPF4 Policy 9 and as such he
felt they had no choice but to refuse based on the reasons as outlined in the
revised response to the submission of further information. Decision The Argyll and Bute Local
Review Body, having considered the merits of the case de novo, unanimously
agreed to refuse the application and uphold the decision of the Planning
authority to refuse planning permission for the following reason(s):- 1. The proposed development
on this greenfield site conflicts with National Planning Policy NPF4 Policy 9. NPF4 Policy 9 (b) states that proposals on
greenfield sites will not be supported unless the site has been allocated for
development or the proposal is explicitly supported in the LDP. In this case, the development proposed within this
application for planning permission in principle would constitute the
introduction of a significant built form onto an open and exposed site
designated as ‘Countryside Area’ within the adopted Argyll and Bute Local
Development Plan 2. The proposed development site has no development
allocation in LDP2. In terms of the adopted LDP2 the site is defined as
‘Outwith Settlement Areas’ within an area identified
as ‘Countryside Area' (CA) where Policy 02 of LDP2 gives a presumption in
favour of sustainable development but only where it is of an appropriate scale,
design, siting and use for its countryside location, as set out in the relevant
sustainable siting and design policies contained within LDP2. Policy 02 further states that certain development
will be supported, generally without the need for detailed environmental
assessments, with these comprising, infill, redevelopment opportunities of
clusters; or previously developed sites. The indicative scale and design of the proposed
dwelling would be incongruous with the design, character and appearance of the
built development that characterises the Isle of Coll. The siting of such a
large scale dwelling in this sensitive and exposed location would be
unsustainable in terms of protecting the expansive landscapes which
characterise this area of mid Coll. The siting, design and scale of the
development would appear as insensitive and intrusive in this location, and the
proposed development of this site would not therefore adhere to the
requirements of Local Development Plan 2 Policy 02. The development is therefore contrary to NPF4
Policy 9 as underpinned by LDP2 Policy 02. 2. Notwithstanding Reason 1
above, it is considered that the proposed development would introduce an inappropriate
form of built development that would have an unacceptable and materially
harmful impact upon the character and quality of the wider landscape. The proposed dwelling would appear as unduly
prominent at the site, unsympathetic to the surrounding expansive open
landscape. The development would have a significant impact upon the setting and
the surrounding landscape. The indicative design of the proposed dwelling would
lack local character and in this regard would appear as suburban and
inappropriate to the rural location. The inappropriate design indicates that
there has been insufficient regard to the character and appearance of the
immediate and wider surroundings of the application site. The proposed development is therefore considered to
be in conflict with NPF4 Policy 14 as underpinned by Policies 05, 08, 09 and 10
of Local Development Plan 2. (Reference: Notice of Review and Supporting Documents;
comments from Interested Parties; Further Information requested and comments
from Interested Parties, submitted) |