Agenda and minutes

2nd Calling 24/0017/LRB, Argyll and Bute Local Review Body - Monday, 2 June 2025 10:00 am

Venue: By Microsoft Teams

Contact: Fiona McCallum Tel: 01546 604392 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

3.

CONSIDER NOTICE OF REVIEW REQUEST: VACANT LAND NORTH WEST OF FINNART FARMHOUSE, FEUINS ROAD, PORTINCAPLE (REF: 24/0017/LRB) pdf icon PDF 49 KB

Additional documents:

Minutes:

The Chair, Councillor Kieron 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.

 

He referred to the previous meeting held on 25 November 2024 when it was agreed to request an up-to-date Traffic Survey be carried out by the Applicant.  This was subsequently carried out over an 8 day period between 23 January to 30 January 2025 and a copy of this was contained within the Agenda pack for today’s meeting.

 

Further information was also requested the Roads Officer and an amended condition 2 from the Planning Officer, if deemed appropriate.  This information was also contained within the Agenda pack for today’s meeting.

 

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 and it was confirmed by all Members that they had sufficient information before them.

 

Councillor Wallace advised that he had noted that the updated Traffic Survey from the Applicant and the recommended amended Condition 2 from the Planning Officer supported the reduction in visibility splay.

 

Councillor Hampsey also noted this position.

 

Councillor Green referred to the advice from the Roads Officer that as the new survey showed average speeds to be 30 mph or less, an amended visibility splay was appropriate and therefore he saw no reason for the LRB not to agree to accept the amended Condition 2.

 

This view was supported by the other Members of the LRB.

 

Decision 

 

The Argyll and Bute Local Review Body, having considered the merits of the case de novo, supported the amendment to Condition 2 of planning consent reference 21/00908/PP and agreed planning permission be granted subject to following conditions:

 

Standard Time Limit Condition (as defined by Regulation)

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 23.04.2021, 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

Proposed Site Plan

11.010.02B

 

18.05.2021

Proposed Plans and Elevations

11.010.03A

 

18.05.2021

Site Plan/Visibility Splay/Outfall Pipe

11.010.04A

 

18.05.2021

Location Plan

11.010.05

 

18.05.2021

Site Layout Plan

11.010.07

 

18.05.2021

Gable to Road Elevation

11.010.08

 

18.05.2021

Elevations to Existing Ground

11.010.09

 

18.05.2021

Elevations/Section Ground Level Highlighted

11.010.10A

 

18.05.2021

Proposed Drainage Layout

GD01

B

18.05.2021

 

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

 

2.    Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council's Roads Standard Detail Drawing SD 08/004 Rev a. and visibility splays of 42 metres x 2.4 metres. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

3.    Notwithstanding the provisions of Condition 1, no development shall commence until full details of the layout and surfacing of a parking and turning area to accommodate 2 vehicles within the application site have been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interest of road safety.

 

4.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re-enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the of the aforementioned Schedule, as summarised below:

 

ART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

 

Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

 

Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

 

Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse.

 

Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of  ...  view the full minutes text for item 3.