Agenda and minutes

The Chair welcomed everyone to the meeting and advised that parties to the Review were not permitted to address the Local Review Body (LRB).  He advised that the only participants entitled to speak would be the Members of the LRB and Mr Jackson who would provide procedural advice if required.

 

The Chair advised that his first task would be to establish whether or not the LRB felt they had sufficient information before them to reach a decision on the Review.

 

Councillor McNaughton advise that he felt that there was enough information before Members to allow them to determine the Review.

 

Councillor Mackay confirmed that he was content that the Members had enough information before them but sought advice on the relevancy of an ACE and asked at what point this would be required.

 

Mr Jackson referred Members to the Planner’s comments on the Appellant’s submission and advised that it would be necessary for the Members to determine whether or not this proposal was a ‘special case’ in terms of  policy LP BUS 2.  He advised that if the Members determined that this was a ‘special case’ then it would be for the LRB to request that an ACE be carried out.

 

Councillor Mackay advised that he had read all the paperwork at length and that he considered the application to be within the requirements of LP BUS 2.  He also advised that he did not think the Appellant had failed the sequential test and therefore did not contravene policies STRAT DC 4 or STRAT DC 5.

 

Councillor McNaughton advised that he agreed with Councillor Mackay’s comments.

 

Councillor Mackay asked Mr Jackson to clarify whether the ACE was a requirement of the Local Plan or Section 43B of the Act.

 

Mr Jackson confirmed that he would need to seek advice on this and asked for an adjournment of the meeting

 

Councillor Kelly confirmed that he was in agreement with Councillor Mackay and Councillor McNaughton and that he did not think that an ACE was necessary.  It was agreed to adjourn the meeting at 2.15 pm to allow Mr Jackson to clarify whether not there was a need for an ACE in order to comply with the provisions of STRAT DC 4 and STRAT DC 5.

 

The LRB reconvened at 2.20 pm and Mr Reppke, Head of Governance and Law, joined the meeting in order to give advice.

 

Mr Reppke advised that if the Members were minded to uphold the Appeal and grant planning permission for this proposal then it would be necessary for them justify their decision with a competent Motion and that they would also have to agree appropriate conditions and reasons to attach to the consent and that it was his opinion that the LRB would not be in a position to do this today.  Mr Reppke advised the LRB that they could adjourn the meeting today and request from Planning appropriate conditions and reasons if the LRB were minded to uphold the Appeal and grant planning permission.  He advised that these conditions and reasons would be forwarded to the Appellant who would have the opportunity to comment on these before the LRB met again to determine the case.

 

Councillor Mackay advised that he was confident that he would be able to produce a competent Motion today to justify why planning permission should be granted for this proposal but accepted that he would not be in a position to produce conditions and reasons to attach to the consent and that it would be appropriate in the circumstances to have the Planning Department submit draft conditions and reasons for consideration by the Members at a further meeting of the LRB in order that a final decision could be made.

 

Decision

 

The LRB agreed:-

 

1.             To request from Planning appropriate conditions and reasons to be attached to any consent should the LRB be minded to approve the Notice of Review request; and

 

2.             To adjourn the meeting and reconvene at a suitable date in Kilmory, Lochgilphead.

 

The Argyll and Bute Local Review Body re-convened on Wednesday 7 March 2012 at 2.00 pm in the Council Chamber, Kilmory, Lochgilphead

 

 

Present:          Councillor Daniel Kelly (Chair)

                        Councillor Neil Mackay

                        Councillor Alex McNaughton

 

Attending:        Charles Reppke, Head of Governance and Law (Adviser)

                        Fiona McCallum, Committee Services (Minute Taker)

 

The Chair welcomed everyone to the meeting and advised that parties to the Review were not permitted to address the Local Review Body (LRB).  He advised that the only participants entitled to speak would be the Members of the LRB and Mr Reppke who would provide procedural advice if required.

 

Mr Reppke referred to the LRB’s request for appropriate conditions and reasons if Members might be minded to approve the Application which were now before the LRB for consideration.  He advised that it was important to draw to Members’ attention that in order to comply with policies STRAT DC 4 and LP BUS 2 there was a need for an Area Capacity Evaluation (ACE) to be carried out in advance of making a decision on the Application and that this was a key element in the process.

 

Councillor Mackay agreed with the advice and that an ACE would be required in terms of policy STRAT DC 4 but did not agree that it would be required for policy LP BUS 2.

 

Mr Reppke advised that if an ACE was carried out to satisfy policy STRAT DC 4 it would be there for policy LP BUS 2.

 

Councillor Mackay advised that he was keen for this application to be approved as was indicated at the previous meeting.  He noted the requirement for an ACE and asked for an adjournment of the meeting to see if he would be possible draw this up now and to reconvene the meeting later in the day.

 

The Chair ruled and the LRB agreed to adjourn the meeting at 2.15 pm and reconvened at 2.40 pm.

 

Councillor Mackay advised that he had looked at the requirements for an ACE and made reference to  ...  view the full minutes text for item 3.