Agenda and minutes

Apologies for absence were received from Councillors Gordon Blair and Sandy Taylor.

There were no declarations of interest.

a)    The Minute of the Planning, Protective Services and Licensing Committee meeting held on 21 February 2018 at 10.45 am was approved as a correct record.

b)    The Minute of the Planning, Protective Services and Licensing Committee meeting held on 21 February 2018 at 2.00 pm was approved as a correct record.

c)    The Minute of the Planning, Protective Services and Licensing Committee meeting held on 21 February 2018 at 2.20 pm was approved as a correct record.

d)     The Minute of the Planning, Protective Services and Licensing Committee meeting held on 26 February 2018 was approved as a correct record.

Report by Executive Director – Customer Services

A report advising Members of recent changes to Civic Government Licensing legislation, as well as informing them of potential changes that may be implemented in the near future was considered.  In addition the report also updated Members on preparations for the renewal of licences granted under the Civic Government (Scotland) Act 1982, and invited them to consider revision of the respective fees and conditions which apply to these licences.

Decision

The Committee agreed:-

1.    to note the contents of  the report;

2.    to consult with licence holders and other relevant parties on the proposed amendments to the licence conditions as detailed in Appendix 1 to the Executive Director’s report;

3.    to continue to have regard to the existing Taxi Surveys at hearings for taxi operator licences, and consider at a later date whether new reports are required at such a time where circumstances have changed to a material degree;

4.    to the proposed new fees for all Civic Government licences as detailed at Appendix 2 of the report and that these be passed to the Council for approval; and

5.    that licences currently subject to a fixed three year period and due for renewal in June 2018 continue to be granted on that basis.

Having moved an Amendment which failed to find a seconder in respect of decision 4 above, Councillor George Freeman, asked for his dissent to be recorded in respect of that part of the decision.

(Reference: Report by Executive Director – Customer Services dated 5 March 2018, submitted)

Report by Head of Governance and Law

The Committee, at a Civic Government Hearing on 24 January 2018, considered an application for an amendment to a Street Trader’s Licence.   At this hearing the Committee agreed to continue this application until March following consideration of a report on the general issue of conditions which is referred to at item 4 of this Minute.

This application was before those Members of the Committee that attended the hearing on 24 January 2018 for further consideration.

Decision

The Committee agreed to continue consideration of this application until the outcome of a consultation, agreed to be undertaken in respect of proposed amendments to licensing conditions, is reported back to the Committee.

(Reference: PPSL Civic Hearing Minute dated 24 January 2018 and report by Head of Governance and Law, submitted)

Report by Head of Planning, Housing and Regulatory Services

The Acting Major Applications Team Leader spoke to the terms a supplementary report which advised of additional third party representations received raising objection to the proposal.  Additionally it had been identified that the initial report to Members dated 9 March 2018 did not fully address concerns raised in relation to the impact of the proposed development upon road safety in relation to its impact upon the existing private access located to the NE between the properties Ferlum and Korora.  In light of the further material issues raised by third parties in relation to the road safety implication of the proposal it is recommended that Members should convene a discretionary public hearing to explore these issues further in advance of a formal determination being reached.   

Decision

The Committee agreed to hold a Members’ site visit and to convene a meeting of the Committee at the conclusion of this site visit to resume consideration of this application.

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 9 March 2018 and supplementary report number 1, submitted)

Councillor Robin Currie left the meeting during consideration of the foregoing item.

Report by Head of Planning, Housing and Regulatory Services

The Acting Major Applications Team Leader spoke to the terms of the report.  Planning permission in principle is sought for the erection of a closed containment aquaculture facility at Cairndow.  The site is located within a Potential Development Area (PDA) as defined within the adopted Argyll and Bute Local Development Plan which is identified as a mixed use site for business, housing and recreation.  The PDA already has the benefit of an approved Masterplan which is a material consideration in the determination of this application.  The fish farm would be located in an area identified for commercial development in the Masterplan and would accord with all other relevant LDP policies.  Reference was made to supplementary report number 1 which advised Members of the details of a consultation from SNH dated 15 March 2018.  Reference was also made to supplementary report number 2 which updated Members on responses received from the Animal and Plant Agency and the Marine Fish Inspectors.  The application has been the subject of 2 objections, 1 representation and a petition with 5000 names.  The local Community Council also expressed concerns.  As all issues have been addressed in the reports and the proposal would comply with the Local Development Plan, it is considered that a Hearing would not add value to the land use planning aspects of this application and it is recommended for approval subject to the conditions, reasons and notes to the Applicant detailed in the report of handling and in supplementary report number 1.

Decision

The Committee agreed to grant planning permission in principle subject to the following conditions and reasons and to notes to the Applicant detailed in the report of handling and supplementary report number 1:-

1.    Plans and particulars of the matters specified in conditions 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 17; 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 details contained within the approved plans and particulars.

Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.

2.    Pursuant to Condition 1- The proposed access shall join the trunk road at an improved junction which shall be constructed by the applicant to a standard as described in the Department of Transport Advice Note TD 41/95 (Vehicular Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with Layout 6.  The junction shall be constructed in accordance with details that shall be submitted and approved by the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority, before any part of the development is commenced.

Reason:    To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished.

3.    Development shall not commence until the applicant has provided and is able to maintain visibility splays onto the A83 trunk road on each side of the access to the satisfaction of the Planning Authority in consultation with Transport Scotland.  These splays shall measure 160m x 4.5m x 1.05m for traffic headed towards Arrochar and 160m x 4.5m x 1.05m for traffic headed towards Inveraray.

Reason:    To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished.  To ensure that drivers headed towards Inveraray are able to see stationary vehicles waiting to turn right into the access in ample time to enable them to stop.

4.    Development shall not commence until the applicant has provided and is able to maintain visibility splays from the private access onto the old A83 of 42m x 2.4m x 1.05m in both directions to the satisfaction if the Planning Authority. 

Reason:  In the interests of road safety.

5.    Prior to the fish farm being brought into use, the access from the application site onto the private access shall:

i)              Be a minimum of 4.5m wide with the first 5m being finished in a sealed surface;

ii)             Have visibility splays of 20m x 2m x 1.05m in both directions;

iii)            The access shall be designed so that surface water will not flow onto the private access;

iv)           Gates shall not be able to open out onto the private access.

During both the construction and operational phases all vehicles associated with the development must be contained within the site and be able to enter and leave in forward gear.

Reason: In the interests of road safety.

6.    Pursuant to condition 1 - Potential surface water flood risk shall be mitigated by either raising final floor levels to be at least 0.3 metres above the existing ground level and / or site drainage design.   Full details of this mitigation shall be submitted to and approved in writing by the Planning Authority.  Thereafter the development shall proceed in accordance with these details.

Reason:  In order to ensure that flood risk is effectively addressed.

7.    Pursuant to condition 1 - full details of the surface water drainage for the site which shall be designed in accordance with CIRIA C753 and Sewers for Scotland 3^rd Edition shall be submitted to and approved in writing by the Planning Authority.  This shall include calculations and maintenance details.  Thereafter the development shall proceed in accordance with these details.

Reason: to ensure that the site has an acceptable surface water drainage system.

8.    Pursuant to condition 1 – Full details of a SUDS system which shall drain the development during construction shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA.

Reason: In order to ensure that the water environment is not at risk during the construction phase.

9.    Pursuant to condition 1 – full details of the proposed foul drainage system shall  ...  view the full minutes text for item 7.

Report by Executive Director – Development and Infrastructure Services

A report containing recent feedback from the Scottish Government in relation to the Council’s Planning Performance Framework (PPF) was considered.

Decision

The Committee considered the terms of the report and agreed to publicise the positive feedback from the independent review.

(Reference: Report by Executive Director – Development and Infrastructure Services dated 9 March 2018, submitted)