Minutes:
The Chair, Councillor Amanda Hampsey, welcomed everyone to the meeting. She 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.
Before proceeding further, the Chair invited Mr Jackson to address the matter of an email received from Mr Mark Knowles on 15 August 2023.
Mr Jackson referred to the previous meeting on 14 August 2023 when the Members of the LRB agreed that they had sufficient information before them and the meeting was continued until today, to allow time for the Members to seek advice from Officers on the preparation of a competent Motion to approve this proposal.
Mr Jackson advised that following the meeting on 14 August 2023, an email was received on 15 August 2023 and circulated by Mr Mark Knowles, Objector, to all Members of the LRB. Mr Knowles had asked that the LRB take his comments into consideration.
Mr Jackson advised the Members of the LRB that if they wished to take these comments into the process the meeting would need to be adjourned to another day in order to give all interested parties the opportunity of commenting on the contents of this email. He pointed out that there would be no opportunity for anyone to comment further on any comments received from the interested parties. At the conclusion of this process arrangements would be made to hold a further meeting of the LRB.
Councillor Kain advised that he had sufficient information before him to proceed with determining the application today. He advised that he had a Motion that he would like to put forward at the appropriate time.
Councillor Hardie also advised that he had sufficient information. He referred to comments submitted by the Objector not raising any new information. Councillor Hardie confirmed that he remained of the view that as long as Transport Scotland objected he was minded to reject this application.
Councillor Hampsey noted the comments from Councillors Kain and Hardie and agreed that she too had sufficient information to proceed to determine the case. The Members of the LRB agreed to take the comments submitted by the Objector into consideration and Councillor Hampsey invited Councillor Kain to present his Motion.
Motion
Having considered all the information before me
today and at the earlier callings of this LRB I would like to put the following
motion forward to enable the granting of this application.
This particular planning application (20/01901/PPP)
has been on the books since 20/10/2020 with a decision to refuse on 17/02/2023
a full two years and four months.
Transport Scotland has objected to this application
on grounds of road safety in relation to access/egress onto/from the main road
(A83) in particular, when travelling north, when vehicles may be waiting to
right turn from the main carriageway. However, they did not object to the
granting of the permission given for commercial works, forestry and extraction,
for heavy slow vehicles without road/access improvements other than temporary
signage.
I believe that there sufficient grounds to approve
this application in this case through, SG LDP TRAN 4 New and Existing, Public
Roads and Private Access Regimes; and there is clear, objective and substantive
reasoning to overrule Transport Scotland’s objection in that a precedent was
set where Transport Scotland did not object to permission being granted for
heavy goods vehicles to use the access/egress to/from main road, albeit for a
limited number of journeys.
That permission was also granted without the need
for any upgrading of the access road up to the properties which I find
surprising due to the type of vehicles that were to be used during that
process, which would in my view have been likely to cause more damage to the
road than vehicles that are likely to be going to a house.
In Transport Scotland’s letter of 13th June it
refers to an increase of 5 – 6 two way trips per day. This is a figure taken
from the TRICS database but there is no context as to what type of development
these figures apply. The applicant suggests 2 – 2.5 trips per day.
The objections from Transport Scotland suggest the
proposed development would result in increased vehicle flows at junction and an
intensification of waiting and right turning from the trunk road. However, the
existing junction as configured already serves a settlement of 5 residential
properties and has done so without incident.
Transport Scotland has also previously not objected
to the use of the junction for large slow moving vehicles, citing that this
only applied to 10 low-loader trips. However, the applicant’s agents Pell Frischmann points to the large number of supporting
vehicles that would have additionally accessed the junction on a daily basis.
Most significant in relation to flows of traffic on
A83, Pell Frischmann point out the nearest traffic count
site (ATC08055), operated by Transport Scotland, is approximately 4 km north of
the junction.
The most recent traffic data available is for 2019
(pre-Covid) and shows average daily traffic to be
2,817 two-way movements per day. They also state that, based on the Design
Manual for Roads and Bridges (DMRB) Vol 15 part 5, the theoretical capacity for
A83 is 43,200 two-way vehicle movements per day.
Based on above and while the likely daily
additional number of movements at junction is disputed, even 6 extra movements
per day in the context of this situation is not excessive and does not in my
opinion pose significant extra risk to road safety at the access.
On balance therefore, I don’t think that there will
be an intensification in the use of the junction which will have any impact on
the safety of the road, at the location and as such there is no need for the
requirement of the 215m visibility to the South of the junction being necessary
and the current visibility is sufficient.
For the same reason, I also consider that the
upgrading of the private access road is not necessary as proposed in condition
5.
I therefore move, for the reasons stated above that
‘Planning permission in principle is granted as a minor departure from NPF4
Policy 13, and Policy LDP 11 and SG LDP TRAN 4 of the adopted Argyll and Bute
Local Plan 2015 and the advice of Transport Scotland subject to the conditions
and reasons detailed on page 226 and the additional conditions and reasons
numbered 1, 2, 3, 6, 7, 8, 9, 10 and 11 detailed at pages 227 to 232 of the
pack for today’s meeting of the LRB, along with the following amendments,
Firstly, to condition 4 but retaining the note to
applicant
Condition 4
Junction with the A83 (T) Trunk Road
Visibility splays as currently existing shall be
maintained on each side of the access to the satisfaction of the local Planning
Authority, and
Secondly to condition 5
Condition 5
PPP - Private Road & Parking Provision
Pursuant to Condition 1 – no development shall
commence until plans and particulars of the parking/turning arrangements to
serve the development have been submitted to and approved by the Planning
Authority. Such details shall incorporate:
i)
Provision of a turning head for a commercial
vehicle within the development site;
ii)
The provision of parking and turning in accordance
with the requirements of policy LP TRAN 6 and Appendix C of the Argyll and Bute
Local Plan 2015;
The approved parking and turning layout 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 interests of road safety.
And finally that the intention of the Council to grant
planning permission in principle for this development be notified to Scottish
Government Ministers in terms the Town And Country Planning (Notification Of
Applications) (Scotland) Direction 2009.
Mr Jackson confirmed that this was a competent Motion.
Councillor Hardie commented that he had been on the Planning, Protective Services and Licensing Committee for 6 years. He said that alarm bells rang for him when a statutory consultee objected to an application. He said he was not convinced by the Motion and was still minded to reject this application.
Councillor Hampsey advised that having read all the information submitted and heard all that had been said, she said that Councillor Kain had articulated very well his thorough consideration of this application. She confirmed that she would be happy to second this Motion.
Decision
The Argyll and Bute Local Review Body, having considered the merits of the case de novo, agreed by an majority that the Scottish Government Ministers be notified, in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009, of the Council’s intention to grant planning permission in principle for this development subject to the following conditions and reasons:
PPP - Standard Time Limit Condition (as prescribed
by regulation):
This
consent constitutes a Planning Permission in Principle under Section 59 of the
Town and Country Planning (Scotland) Act 1997 as amended and as such does not
authorise the commencement of development until matters requiring the further
consent of the Planning Authority, as specified in Condition 1 (within the list
of Additional Conditions below), have been satisfied.
Application(s)
for Approval of Matters Specified in Conditions must be made in accordance with
the provisions of Regulation 12 of the Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 within the time limits specified below.
Any
application for Approval of Matters Specified in Conditions must be submitted
to the Planning Authority no later than three years from the date of this
permission in principle.
Any
elements of the Planning Permission in Principle for which further approval of
the Planning Authority has not been sought within the prescribed three year
time period will no longer be capable of being implemented within the terms of
this permission.
The
development to which this planning permission in principle relates must
commence no later than five years from the date of this permission, or within
the expiration of two years from the final approval of all Approval of Matters
Specified in Conditions, whichever is the later. If the development has not
commenced within this period, then this planning permission in principle shall
lapse.
Reason: To accord with Section 59
of the Town and Country Planning (Scotland) Act 1997 as amended.
Standard Condition on Soil Management During Construction
Where the development involves
ground breaking works, soil management should be undertaken in compliance with
the established best practice set out in the DEFRA publication “Construction
Code of Practice for the Sustainable Use of Soils
on Construction Sites 2009”,
unless an alternative methodology for sustainable management of soil is
submitted to and approved in writing by the Planning Authority.
Reason: In order to ensure that
sustainable management of soils and compliance with the requirements of NPF4
Policy 5A.
Additional Conditions
1. PPP – Matters Requiring AMSC Submission
Plans
and particulars of the matters specified in conditions 3, 5, 6, 7, 8, 9, and 10
below shall be submitted by way of application(s) for Approval of Matters
Specified in Conditions in accordance with the timescales and other limitations
in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.
Thereafter the development shall be completed wholly in accordance with the
approved details.
Reason:
To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997
as amended.
2. PPP - Approved Details
The
development shall be implemented in accordance with the details specified on
the application form dated 19/10/2020 supporting information and, the approved
drawings listed in the table below.
Plan Title. |
Plan Ref. No. |
Version |
Date Received |
Location Plan |
0927/300/B |
|
16.12.2020 |
Site Plan |
0927/301/A |
|
09.12.2020 |
Reason: To accord with Regulation 28 of the Town
and Country Planning (Development Management Procedure) (Scotland) Regulations
2013.
3. PPP – Archaeological Watching Brief
Pursuant
to Condition 1 - no development or ground breaking works shall commence until a
method statement for an archaeological watching brief has been submitted to and
approved by the Planning Authority in consultation with the West of Scotland
Archaeology Service.
The
method statement shall be prepared by a suitably qualified person and shall
provide for the recording, recovery and reporting of items of interest or finds
within the application site.
Thereafter
the development shall be implemented in accordance with the duly approved
details with the suitably qualified person being afforded access at all
reasonable times during ground disturbance works.
Reason:
In order to protect archaeological resources.
Note
to Applicant:
Regard
should be had to the West of Scotland Archaeology Service’s consultation
comments in respect of the proposed development.
4. Junction with the A83 (T) Trunk Road
Visibility
splays as currently existing shall be maintained on each side of the access to
the satisfaction of the local Planning Authority
Note
to Applicant:
5. PPP - Private Road & Parking Provision
Pursuant
to Condition 1 – no development shall commence until plans and particulars of
the parking/turning arrangements to serve the development have been submitted
to and approved by the Planning Authority. Such details shall incorporate:
(i)
Provision of a turning head for a commercial
vehicle within the development site;
(ii)
The provision of parking and turning in accordance
with the requirements of policy LP TRAN 6 and Appendix C of the Argyll and Bute
Local Plan 2015.
The
approved parking and turning layout 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 interests of road safety.
6. PPP – Details of New Private Foul Drainage System
Pursuant
to Condition 1 – no development shall commence until details of the proposed
means of private foul drainage to serve the development have been submitted to
and approved by the Planning Authority.
The
duly approved scheme shall be implemented in full concurrently with the
development that it is intended to serve and shall be operational prior to the
occupation of the development.
Reason:
To ensure that an adequate means of foul drainage is available to serve the
development.
Note
to Applicant:
Private
drainage arrangements are also subject to separate regulation by Building
Standards and SEPA.
7. PPP – Surface Water Drainage – No detail required
for approval
Notwithstanding
the provisions of Condition 2, the development shall incorporate a surface water
drainage system which is consistent with the principles of Sustainable urban
Drainage Systems (SuDS) compliant with the guidance
set out in CIRIA’s SuDS Manual C753. The requisite
surface water drainage shall be operational prior to the development being
brought into use and shall be maintained as such thereafter.
Reason:
To ensure the provision of an adequate surface water drainage system and to
prevent flooding.
Note
to Applicant:
Further
advice on SuDS can be found in SEPA’s Standing Advice
for Small Scale Development – www.sepa.org.uk
8. PPP
– Full Landscaping Scheme
Pursuant to Condition 1 – no
development shall commence until a scheme of boundary treatment, surface
treatment and landscaping has been submitted to and approved by the Planning
Authority. The scheme shall comprise a planting plan and schedule which shall
include details of:
i)
Existing and proposed
ground levels in relation to an identified fixed datum;
ii)
Existing landscaping
features and vegetation to be retained;
iii)
Location design and
materials of proposed walls, fences and gates;
iv)
Proposed soft and hard
landscaping works including the location, species and size of every tree/shrub
to be planted;
v)
A biodiversity statement
demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits
will be maintained for the lifetime of the development;
vi)
A programme for the timing,
method of implementation, completion and subsequent on-going maintenance.
All
of the hard and soft landscaping works shall be carried out in accordance with
the approved scheme unless otherwise approved in writing by the Planning
Authority.
Any trees/shrubs which within a period
of five years from the completion of the approved landscaping scheme fail to
become established, die, become seriously diseased, or are removed or damaged
shall be replaced in the following planting season with equivalent numbers,
sizes and species as those originally required to be planted unless otherwise
approved in writing by the Planning Authority.
The biodiversity statement should refer
to Developing with Nature guidance | NatureScot as appropriate.
Reason: To assist with the integration
of the proposal with its surroundings in the interest of amenity.
9. PPP
– Tree Survey, Retention and Protection
Pursuant to Condition 1 – no
development shall commence until a scheme for the retention and safeguarding of
trees during construction has been submitted to and approved by the Planning
Authority. The scheme shall comprise:
i)
A survey of trees on and
overhanging the site indicating the location, species, height, canopy spread
and condition of each tree;
ii)
An assessment of the
amenity and nature conservation value of tree groups and individual trees which
shall inform the layout of the development proposed;
iii)
Details of all trees to be
removed and the location and canopy spread of trees to be retained as part of
the development;
iv)
A programme of measures for
the protection of trees during construction works which shall include fencing
at least one metre beyond the canopy spread of each tree in accordance with BS
5837:2005 “Trees in Relation to Construction”.
Tree
protection measures shall be implemented for the full duration of construction
works in accordance with the duly approved scheme. No trees shall be lopped,
topped or felled other than in accordance with the details of the approved
scheme unless otherwise approved in writing by the Planning Authority.
Reason: In order to retain trees as
part of the development in the interests of amenity and nature conservation.
10. PPP BUILDING SITING,
DESIGN & FINISHES – INDIVIDUAL BUILDING
Pursuant to Condition 1 – no
development shall commence until plans and particulars of the site
layout, design and external finishes of the development have been submitted to
and approved by the Planning Authority. These details shall incorporate:
i)
A statement addressing the Action Checklist for
developing design contained within the Argyll and Bute Sustainable Design Guide
2006;
ii)
Local vernacular design;
iii)
Maximum of 1 ½ storeys in design;
iv)
Symmetrically pitched roof angled between 37 and 42
degrees finished in natural slate or good quality artificial slate;
v)
External walls finished in natural stone, timber
cladding, or wet dash render or, a combination of these elements;
vi)
Details of finished ground floor levels relative to
an identifiable fixed datum located outwith the
application site;
vii)
Window openings with a vertical emphasis;
Reason: To accord with Section 59 of the Town and
Country Planning (Scotland) Act 1997 as amended, and in order to integrate the
proposed dwellinghouse with its surrounds.
11. PP/PPP – Further investigation
of potential for land contaminants from historic use required
Unless otherwise agreed
in writing and in advance by the Planning Authority, no development shall
commence until a scheme has been submitted by the Developer (at their expense)
to identify and assess potential contamination on site.
No construction work shall commence until the
scheme has been submitted to, and approved, by the Planning
Authority, and is thereafter implemented in accordance with the scheme so
approved.
The scheme shall be undertaken by a competent
person or persons in accordance with relevant authoritative guidance including
PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or
supplemented, the most up-to-date version(s) of any subsequent revision(s) of,
and/or supplement(s) to, these documents. This scheme should contain details of
proposals to investigate and remediate potential contamination to the
satisfaction of the Planning Authority, and must include:-
a) A desk study and development of a conceptual
site model including (where necessary) a detailed site investigation strategy.
The desk study and the scope and method of recommended further investigations
shall be agreed with the Council prior to addressing
parts b, c, and d of this condition. Should the desk study show the need for
further assessment this will be undertaken in the following
sequence:
b) A detailed investigation of the nature and
extent of contamination on site, and assessment of the risks such contamination
presents.
c) Development and agreement of a remedial strategy
(if required) to treat/ remove contamination ensuring the site is made suitable
for its proposed use (this shall include a method statement, programme of
works, and proposed verification plan).
d) Submission of a verification report for any
agreed remedial actions detailing and evidencing the completion of these works.
Written confirmation from the Planning Authority, that the
scheme has been implemented and completed shall be required by the Developer before any development hereby
approved commences. Where remedial measures are required as part of
the development construction detail, commencement must be agreed in writing
with the Planning Authority.
Reason: To ensure that
the potential risks to human health, the water environment, property, and,
ecological systems arising from any identified land contamination have been
adequately addressed.
(Reference: Notice of Review and Supporting Documents,
and all other information presented to previous meetings on 10 May, 19 June and
14 August 2023, submitted)
Supporting documents: