Issue - meetings

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  The Bute and Cowal Area Committee granted Planning permission (97/01526/DET) on 7 April 1998 subject to a Section 75 obligation.  There are two principal restrictions contained in the First Clause of the Section 75.  The first provides that the dwellinghouse, office and shop shall not be owned, leased or otherwise occupied independently from the existing fishing venture and the second restriction is the declaration that the dwellinghouse, office and shop shall in all time coming be conveyed, leased or otherwise disposed of as a single unit, along with the fishing venture, held under one title.

An application has been submitted seeking to discharge this Section 75 obligation.  The Applicant has advised that he did attempt to continue with the fishing venture after his purchase of Loch Melldalloch and its associated land in 2002.  However, due to the combination of factors that he has set out in his supporting statement summarised at Section P of the report, the business did not prove viable.

Over the last 10 years or so, the use of Section 75 obligations as an appropriate mechanism to underpin support for housing required in association with crofting, agricultural employment, and other rural businesses has been phased out.

Given the reality of the situation that the fishing business no longer exists and taking account of advice of the Chief Planner, Scottish Planning Policy and Circular 3/2012; and appeal decisions made in recent years, it is considered reasonable to accede to the request for the discharge of the Section 75 obligation.

Decision

The Committee agreed that the Section 75 obligation relative to Planning Permission 97/01526/DET be discharged.

(Reference: Report by Head of Development and Economic Growth dated 28 July 2022, submitted)