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 1 October 2024 the LRB had requested advice from the Planning authority on the process for ensuring that the maintenance of any public realm enhancements formed part of an approval of this application and draft conditions to be attached should the LRB determine that it is appropriate to approve the Notice of Review Request.  He further advised of the late submission of the Protected Species Walkover Report and invited Mr Jackson to provide an update in this regard. 

Mr Jackson advised that the applicants agent had submitted a report following receipt of the further information submitted by the Planners in response to the request from the LRB on 1 October and advised the members that they should consider whether they wanted to bring the report into the process. 

Having noted the update provided by Mr Jackson, the Chair, Councillor Blair invited Members to confirm whether they were happy for the report to be introduced into the process. 

Having noted that both Councillors Brown and Kain were happy for the report to be introduced into the process, the Chair enquired as to whether there was any further information required by the Members.  

Both Councillors Brown and Kain confirmed that they were happy with the information provided.

Having noted the foregoing, and confirming that he too was happy to introduce the report into the process, Councillor Blair moved the following Motion:-

The LRB defer determination for a period of up to 26 weeks from today’s date to allow

• the relevant planning obligation (either an agreement with the planning authority or a unilateral obligation by the appellant under section 75 of the Town and Country Planning (Scotland) Act 1997 or some suitable alternative arrangement as may be agreed by the parties) to be completed and registered or recorded, as the case may be. If, by the end of the 26 week period, a copy of the relevant obligation with evidence of registration or recording has not been submitted to the LRB then the LRB will consider whether planning permission should be refused or granted without a planning obligation.

Therefore, we agree the heads of terms detailed at page 6 of the pack for today’s meeting of the LRB for the planning obligation to ensure the woodland, paths, memorial and any other works are retained, enhanced and maintained in perpetuity in the interest of amenity and to safeguard this Open Space Protection Area in the long term.

And also to allow

• planning the opportunity to consider and report on the ecological survey that has now been submitted by the applicant and brought into the process.
  
  
• planning the opportunity to review the conditions and reasons that may be attached to an approval of the application.
  
  
• members to seek further advice in regard to a competent motion to approve the application once this further information has been received.

With no one being otherwise minded, this became the decision of the LRB. 

Mr Jackson provided clarity around the procedure that would be followed in relation to the calling of the next meeting of the LRB to consider the merits of this case.  He advised that should the information be available in advance of the 26 week period detailed above, the LRB would look to reconvene on a suitable date thereafter. 

Mr Jackson further advised that the Protected Species Walkover Report would be circulated to all relevant partied in the coming days and sought agreement from the LRB on an extension to the 14 day period for receipt of comments on said Report.  The LRB confirmed that they were happy to extend this period to one month.

Decision

The Argyll and Bute Local Review Body agreed to the terms of the Motion as outlined above.

(Reference:  Further information from Planning authority and comments on further information, submitted)