Agenda and minutes

Following introductions the Chair requested Members of the LRB to comment as to whether they had sufficient information to determine the review request. He advised that if they didn’t feel they had sufficient information that they should decide what information they required, who would be requested to provide this information and how the information should be obtained eg written submissions, site inspection or hearing. 

 

Councillor Marshall felt that he would like to view the premises so he could establish who might be affected in terms of the potential for noise nuisance (as suggested by Environmental Health).  He also wished to see the area where the premises was located and to see how many empty shop fronts there were.

 

Councillor MacQueen agreed with Councillor Marshall and the Chair stated that it would be beneficial to see the premises and their surroundings.  It was therefore agreed to hold an unaccompanied site visit.

 

The Chair advised that he recalled, in his capacity of Chair of the Licensing Board, an application for an adult gaming licence at this property although did not recall what the decision of the Board was.  He therefore requested that the Clerk to the Licensing Board be requested to provide written information as to the outcome of the application.  The Chair also asked for written details from the applicant on their proposals for refurbishment of the property.

 

Councillor Marshall asked for written clarification of the term “adult gaming centre” from the Clerk to the Licensing Board.

 

The LRB also agreed that the Planning Authority should be requested to provide written details of potential conditions which could be attached to any consent should they be minded to approve the notice of review request.

 

It was agreed that a site inspection would take place at 10.30am on 10 September 2010 and that this would be followed by a re-convened meeting of the LRB at 11.00am in the Marriage Room, Burnet Building, Campbeltown.

 

The Argyll and Bute Local Review Body re-convened on Friday 10 September 2010 at 11.00am within the Marriage Room, Burnet Building, Campbeltown

 

Present:          Councillor Daniel Kelly (Chair)

                        Councillor Bruce Marshall

                        Councillor James McQueen

Charles Reppke, Head of Democratic Services and Governance (Advisor)

 

 

The Local Review Body, prior to this meeting, had undertaken an unaccompanied site inspection prior to this meeting in order to establish who may be affected in terms of any potential noise nuisance and in order to observe the number of empty shop fronts which there was dubiety about.

 

The Chair asked Members of the ABLRB whether they had sufficient information to determine the review request on the basis of the additional written submissions  before them.   Members of the ABLRB agreed that they had sufficient information and proceeded to determine the case.

 

The view of the ABLRB was that there were a high level of retail shop units, many of which were vacant which would provide adequate opportunity to protect the retail nature of the Town Centre.  The also considered that the retail core displayed a diversity of shop premises with an ongoing start up of new businesses but that there remained significant opportunities for retail use of empty and derelict properties within the core.

 

The ABLRB expressed some concern that the applicants had not completed a formal marketing exercise as required by the policy to demonstrate no retail interest in premises but they were convinced by the evidence of the applicant that the loss of this premise would have a de minimis impact on the Local Plan Policy LP RET 2 and Policy PROP SET 2 and could therefore be justified as a minor departure.

 

Decision

 

Agreed to uphold the Review Request subject to the undernoted conditions:-

 

1.      That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

 

2.      The development shall be implemented in accordance with the details specified on the application form dated 25/09/2009 and the approved drawing reference numbers 1 of 8 to 8 of 8 inclusive, unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

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

 

3.      The use of the premises hereby approved shall be restricted to between the hours of 1000 and 1900 hours Monday to Saturday inclusive and 1030 to 1900 on Sundays.

 

Reason:  To ensure the protection of the character and amenity of the area, in particular the residential amenity of the occupiers of the adjoining residential flats.

 

The Chair requested Members of the LRB to comment as to whether they had sufficient information to determine the review request. He advised that if they didn’t feel they had sufficient information that they should decide what information they required, who would be requested to provide this information and how the information should be obtained eg written submissions, site inspection or hearing.   Given the links with the property at 9 Main Street, Campbeltown the LRB agreed that an unaccompanied site inspection also take place on 10 September 2010 at 10.30am.

 

The Chair also asked for clarification, in writing, from the applicant, as to the links between the properties and their intended use.

 

As with the application for 9 Main Street, Campbeltown, the Chair recalled, in his capacity of Chair of the Licensing Board, an application for a betting office licence at this property although did not recall what the decision of the Board was.  He therefore requested that the Clerk to the Licensing Board be requested to provide written information as to the outcome of the application.  The Chair also asked for written details from the applicant on their proposals for refurbishment of the property.

 

Councillor Marshall asked for written clarification of the term “Licensed Betting Office” from the Clerk to the Licensing Board and for written comments from the Environmental Health Officer as to how the application would be assessed by them should the opening hours be (a) 9am to 5.30pm or (b) 9am to 9pm.

 

The LRB also agreed that the Planning Authority should be requested to provide written details of potential conditions which could be attached to any consent should they be minded to approve the notice of review request.  In addition they asked for a written statement detailing the difference between the circumstances of the application for change of use to a betting office for the shop premises at 16 Main street, Campbeltown which was also located in the Campbeltown Core Shopping Area and had been approved and the circumstances of this application where application had been refused.

 

In addition to the unaccompanied site inspection on 10 September 2010 at 10.30am, the LRB agreed to hold a re-convened meeting at 11.00am in the Marriage Room, Burnet Building, Campbeltown.

 

The Argyll and Bute Local Review Body re-convened on Friday 10 September 2010 at 11.00am within the Marriage Room, Burnet Building, Campbeltown

 

Present:          Councillor Daniel Kelly (Chair)

                        Councillor Bruce Marshall

                        Councillor James McQueen

Charles Reppke, Head of Democratic Services and Governance (Advisor)

 

 

The Local Review Body, prior to this meeting, had undertaken an unaccompanied site inspection prior to this meeting in order to establish who may be affected in terms of any potential noise nuisance and in order to observe the number of empty shop fronts which there was dubiety about.

 

The Chair asked Members of the ABLRB whether they had sufficient information to determine the review request on the basis of the additional written submissions  before them.   Members of the ABLRB agreed that they had sufficient information and proceeded to determine the case.

 

The view of the ABLRB was that there were a high level of retail shop units, many of which were vacant which would provide adequate opportunity to protect the retail nature of the Town Centre.  The also considered that the retail core displayed a diversity of shop premises with an ongoing start up of new businesses but that there remained significant opportunities for retail use of empty and derelict properties within the core.

 

The ABLRB expressed some concern that the applicants had not completed a formal marketing exercise as required by the policy to demonstrate no retail interest in premises but they were convinced by the evidence of the applicant that the loss of this premise would have a de minimis impact on the Local Plan Policy LP RET 2 and Policy PROP SET 2 and could therefore be justified as a minor departure.

 

Decision

 

Agreed to uphold the Review Request subject to the undernoted conditions:-

 

1.      That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

2.      The development shall be implemented in accordance with the details specified on the application form dated 25/09/2009 and the approved drawing reference numbers 1 of 8 to 8 of 8 inclusive, unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

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

 

3.      The use of the premises hereby approved shall be restricted to between the hours of 1000 and 1900 hours Monday to Saturday inclusive and 1030 to 1900 on Sundays.

 

Reason:  To ensure the protection of the character and amenity of the area, in particular the residential amenity of the occupiers of the adjoining residential flats.