Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

The Chair, Councillor Blair, 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.

He advised that at the previous meeting, held on 23 August 2024 the LRB agreed to hold an accompanied site inspection to view the development in context of the surrounding area, specifically around the ownership of the land and to seek clarity on a number of areas, including the Open Space Protection Area (OSPA) and the potential impact on biodiversity and flooding concerns.  He confirmed that the site inspection had taken place earlier today. 

Councillor Blair 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.

Councillor Brown advised that she had found the site inspection hugely beneficial and had enabled her to see where the proposed development was going to be situated and how it would fit into the wider landscape.  She advised that any concerns she may have had around flooding had been dealt with, however the concerns she previously had around the OSPA remained.  She advised that while she felt that the proposed development could be accommodated within the OSPA, consideration would require to be given to appropriate conditions if Members were minded to approve the application. 

Councillor Kain advised that he agreed with Councillor Brown, however he felt that the concerns being raised in relation to the OSPA were excessive.  He advised that he felt that the plans that had been outlined by the Applicant in relation to the landscaping of the land and taking into consideration the comments of the Local Biodiversity Project Officer, gave him reassurance that this would be undertaken in a way that he would be comfortable with. 

The Chair, Councillor Blair advised that he too found the site inspection beneficial.  He advised that having been able to view the site in context, specifically in relation to the proposed siting of the house, which he felt broke the established settlement pattern and the loss to the open space area gave him cause to take cognisance of nature and the environment and as such he felt that the LRB should uphold the decision of the Planning authority to refuse the application for Planning Permission in Principle.

Discussion took place around the options available to the LRB at this stage, with the Governance, Risk and Safety Manager noting that the Applicant had intimated, at the site inspection, that he intended maintaining the Public Realm enhancements.  He advised that on this basis, the LRB should seek advice from the Planning authority on the process for ensuring that the maintenance of any public realm enhancements forms part of any approval of this application and whether this can be done through a condition or the need for a Section 75 Agreement and the potential impact this may have on the LRB’s ability to approve this Planning Permission in Principle, if they were minded to approve the Notice of Review Request. 

Mr Jackson also advised that should the LRB be minded to approve the request, they would require to seek advice from the Planning authority on potential conditions and reasons that would permit them to do so. 

Having taking cognisance of the views of the other Members of the LRB and the advice provided by Mr Jackson, Councillor Brown moved that in order to give due regard to the possibility of approving the Notice for Review request, the LRB should seek further information from the Planning authority around the process for obtaining a Section 75 Agreement to ensure that the Public Realm enhancements are maintained in perpetuity; seek draft conditions that could be attached to the application should the LRB determine that it is appropriate to approve the Notice of Review request and continue consideration of the request to allow Members time to seek advice on preparing a competent Motion to approve, if they are so minded. 

This was seconded by Councillor Kain.

Decision

The Argyll and Bute Local Review Body agreed to:-

1.    request advice from the Planning authority on the process for ensuring that the maintenance of any public realm enhancements forms part of an approval of this application and whether this can be done through a condition or the need for a Section 75 Agreement and the potential impact this may have on the LRB’s ability to approve this Planning Permission in Principle;

2.    request that the Planning authority provide draft conditions to be attached to the application should the Local Review Body determine that it is appropriate to approve the Notice of Review Request; and

3.    continue consideration of the Notice of Review Request to allow Members to seek advice on preparing a competent Motion to approve.  

(Reference:  Additional information from Local Biodiversity Project Officer, submitted)