Agenda and minutes
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The Chair ruled, and the Committee agreed, to vary the order of business and take Agenda item 11 (Simplified Planning Zones: Proposed Closure of Project), Agenda item 12 (Scottish Government Consultation: Masterplan Consent Area Regulations) and Agenda item 13 (Masterplan Consent Area Statement) after Agenda item 3 (Minutes) in order to facilitate the Officer attending at another meeting. |
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APOLOGIES FOR ABSENCE Additional documents: Minutes: Apologies for absence were received from Councillors Jan Brown, Audrey Forrest, Mark Irvine and Liz McCabe. |
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DECLARATIONS OF INTEREST Additional documents: Minutes: Councillor Douglas Philand declared a non-financial interest in planning application reference 23/00185/PP as he was a close personal friend of the leaseholder of the land. He left the meeting and took no part in the consideration of this application which is dealt with at item 7 of this Minute. |
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Additional documents:
Minutes: a) The Minute of the Planning, Protective Services and Licensing Committee held on 7 February and 19 March 2024 was approved as a correct record. b) The
Minute of the Planning, Protective Services and Licensing Committee held on 20
March 2024 at 11.00 am was approved as a correct record. c) The
Minute of the Planning, Protective Services and Licensing Committee held on 20
March 2024 at 2.00 pm was approved as a correct record. d) The
Minute of the Planning, Protective Services and Licensing Committee held on 26
March 2024 at 10.00 am was approved as a correct record. e) The
Minute of the Planning, Protective Services and Licensing Committee held on 26
March 2024 at 11.00 am was approved as a correct record. f) The Minute of the Planning, Protective Services and Licensing Committee held on 26 March 2024 at 2.00 pm was approved as a correct record. |
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SIMPLIFIED PLANNING ZONES: PROPOSED CLOSURE OF PROJECT Report by Executive Director with responsibility for Development and Economic Growth Additional documents: Minutes: A report advising of the proposed closure of the Scottish Government Simplified Planning Zones (SPZ) Pilot Project, which was being progressed jointly by Development Policy (Planning and Regulatory Services) and Housing (Community and Culture) in association with a private development on behalf of the Scottish Government, was considered. Argyll and Bute proposed a project for the pilot that consisted of a remote rural island location (Mull) with a green field site in private control and a Main Town (Lochgilphead) location on a brown field site in Council ownership. Due to a range of issues it has become unfeasible to progress the project to a successful conclusion. Decision The Committee agreed to: 1. note and consider the information in the report; 2. recommend to the Policy and Resources Committee, the closure of the project with the return of unspent monies to the Scottish Government; and 3. continue to support the development of the sites through the normal planning process, utilising information gained during the project where possible. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 7 February 2024, submitted) |
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SCOTTISH GOVERNMENT CONSULTATION: MASTERPLAN CONSENT AREA REGULATIONS Report by Executive Director with responsibility for Development and Economic Growth Additional documents: Minutes: The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new upfront consenting mechanism for development proposals. As well as planning consent an MCA can also potentially grant Roads Construction Consent, Conservation Area Consent and Listing Building Consent. A report advising of the Scottish Government Masterplan Consent Areas – draft regulations consultation and seeking approval for the proposed response to the consultation was considered. Decision The Committee agreed to: 1. note this report and the implications of the proposed regulations; and 2. approve the response on this consultation to the Scottish Government in Appendix 1 of the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 8 May 2024, submitted) |
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MASTERPLAN CONSENT AREA STATEMENT Report by Executive Director with responsibility for Development and Economic Growth Additional documents: Minutes: The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new upfront consenting mechanism for development proposals. A separate report is with this PPSL that addresses the proposed response to the Scottish Government consultation on the proposed Masterplan Consent Area Regulations. A report advising that The 2019 Act introduces a duty on planning authorities to periodically (at least once in each 5 year period) consider the desirability of making an MCA scheme for a part or parts of their district and to publish a statement of how they have fulfilled this duty was considered. Decision The Committee agreed to approve the publication of the statement set out in Appendix 1 of this report relating to the duty to consider the desirability of making an MCA scheme. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 8 May 2024, submitted) |
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Having declared an interest in the following item Councillor Dougie Philand left the meeting at this point. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Planning Officer spoke to the terms of the report and to
supplementary report number 1 which advised of late representations and an
amendment to condition 15. She also
advised of further contact from the tenant farmer requesting that a
discretionary hearing be held. The
proposal is seeking to secure planning permission for the conversion of, and
extension to, an existing barn to form a dwellinghouse, and the installation of
a septic tank and the formation of a vehicular access. The proposal has elicited 22 objections which relate largely to the
conversion of the existing barn to form a dwelling house and the resultant loss
of its existing use for agricultural purposes.
The loss of the agricultural use of the existing barn is not, in itself,
a material planning consideration as it is a privately owned building that is
not afforded any protection status. The
Applicant has, at the insistence of the planning authority, addressed this
concern through the provision of a replacement agricultural building as
detailed within planning application reference 24/00259/PNAGRI. Replacement of the barn would be secured
through condition that it be installed before works started on redevelopment of
the barn. It is not considered that a
pre-determination hearing would add value to the decision making process. The proposal is considered to be consistent with the relevant
provisions of the Development Plan and National Planning Framework 4 and it was
recommended that planning permission be granted subject to the conditions and
reasons detailed in supplementary report number 1. Decision The Committee agreed to continue consideration of this application to
the meeting of the PPSL Committee on 19 June 2024 and to request from Planning
Officers information on what the impact this proposed development would have on
access to, and operation of the remaining agricultural land in terms of Policy
83 of LDP2 – Safeguarding Agricultural and Croft Land. (Reference: Report by Head of
Development and Economic Growth dated 8 May 2024 and supplementary report
number 1 dated 21 May 2024, submitted) |
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Councillor Dougie Philand returned to the meeting at this point. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. Consideration was given to a recommended
response to the Scottish Government’s Energy Consents Unit and Deployment Unit consultation
on the Section 36 Application for the erection of 13 turbines each up to a
maximum of 180 metries in height to blade tip at land
approximately 6 km north west of Inveraray and 4.5 km east of Dalavich. The site is located on the plateau between Loch Awe to the north west
and Loch Fyne to the south east and within the Kames River, Allt Blarghour, River Aray and Douglas
Water catchments. This report reviews the policy considerations which are applicable to
this proposal and the planning merits of the development, the views of bodies
consulted by the Scottish Government along with other consultations undertaken
by the Council, and third party opinion expressed to the Scottish Government. It was recommended that the ECU be notified that Argyll and Bute
Council does not object to the proposed development and to recommend the ECU to
consider mitigation and conditions as detailed in the report of handling. Decision The Committee agreed that the ECU be notified accordingly that Argyll
and Bute Council objects to the proposed development unless the following
mitigation recommended by the Council’s Landscape Consultant is undertaken to
the satisfaction of the Planning Authority: Mitigation That
consideration should be given to the mitigation suggested by the Council’s
Landscape Consultant as follows: ·
The
well-wooded nature of the Loch Awe area restricts open views across and along
the loch but where these views do occur, they are particularly valuable for
their scenic qualities. The loch shores near Dalavich
comprise one of these important open areas as does the road between Loch Awe
and Loch Avich and the shores and waters of Loch Avich. The proposal appears poorly designed from these
areas and it is strongly recommended that the layout of turbines is
reviewed by the applicant from Viewpoints 2, 5 and 11 with the overlapping of
Turbines 2, 8 and 10 resolved and Turbine 13 omitted as this appears dislocated
from the main group of turbines and significantly increases the horizontal
extent of the proposal in these views. ·
In
addition, significant adverse effects on the Dun na Cuaiche
folly within the Inveraray Castle GDL are acknowledged likely to arise in the
LVIA (Viewpoint 4). This is an important viewpoint, and the cluttered
appearance of the proposal contributes to significant adverse effects on views.
It is therefore strongly recommended that the layout of turbines is reviewed by
the applicant from Viewpoint 4 with the discordant overlapping of Turbines 2
and 8 resolved and the prominence of Turbines 1 and 2 reduced by adjusting
their location and/or lowering their height. ·
In
addition, the cumulative effects of visible aviation lighting on landscape
character and on views is also a concern and while there will be fewer people
affected at night, it is considered important to retain the character of dark
skies within Argyll & Bute, particularly given the number of wind energy
proposals across the region with similar lighting. It is therefore strongly
recommended that radar activated lighting should be installed at the earliest
opportunity as this would substantially reduce the duration and impact of
night-time lighting. The Council would also make the following comments
in respect to conditions, ornithology and trunk road matters Conditions The
inclusion of all conditions recommended by consultees in any consent granted by
the ECU. Ornithology and Trunk Road Matters That the ECU should note that it has not been
possible for Argyll & Bute Council to reach a conclusion on the
acceptability of this proposal in respect to Ornithology or Trunk Road matters.
This is because these matters have not been resolved and discussions are
ongoing between the Applicant, the ECU, NatureScot,
RSPB Scotland and Transport Scotland. In respect to the outstanding Ornithological
matters, Argyll & Bute Council would defer to the expert advice of NatureScot and the RSPB Scotland. In respect to the outstanding Trunk Road matters,
Argyll & Bute Council would defer to the expert advice of Transport
Scotland. (Reference:
Report by Head of Development and Economic Growth dated 9 May 2024, submitted) |
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The Chair ruled, and the Committee agreed, to adjourn the meeting at 1.00 pm for a short comfort break. The Committee reconvened at 1.10 pm with all those Members present as per the sederunt with the exception of Councillors Armour, Kennedy and Philand. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Area Team Leader spoke to the terms of the report and to
supplementary report number 1, which advised of a further submission by an
existing objector. She also advised of a
typographical error at section Q of the report of handling, which indicated
that the proposed development was not consistent with the Development Plan. She confirmed that it should have stated that
the proposed development was consistent with the Development Plan. The proposed development relates to the erection of a 4 bed detached
dwellinghouse and formation of a new vehicular access. The site is located within the settlement area of Rhu and lies within
the Rhu Conservation Area and the residential property adjacent to the West “Lagarie House” which is a Category 2B” listed building and
within the vicinity of the Category “A” listed “Ardencaple Hotel”. The site is also covered by a Tree
Preservation Order (TPO). The proposal is considered to be consistent with the relevant
provisions of the Development Plan and it was recommended that planning
permission be granted subject to the conditions and reasons detailed in the
report of handling. Decision The Committee agreed to grant planning permission subject to the
following conditions and reasons: Standard Time Limit Condition (as
defined by Regulation) Standard Condition on Soil Management During
Construction Additional Conditions 1. PP - Approved Details & Standard
Notes – Non EIA Development The
development shall be implemented in accordance with the details specified on
the application form dated 05.08.2023; , supporting information and, the
approved drawings listed in the table below unless the prior written approval
of the planning authority is obtained 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. 2. Sustainable Urban Drainage –
Notwithstanding Condition 1, details of a sustainable urban drainage system compliant
with the guidance set out in CIRIA’s SuDS Manual C753 must be submitted to and
approved in writing by the planning authority prior to construction. The
surface water drainage shall be operational prior to the development being
brought into use and shall be maintained as such thereafter. Reason: To ensure adequate surface water
drainage is implemented to prevent flooding elsewhere. 3. Landscape
and Biodiversity Enhancement - Notwithstanding Condition 1, No development shall take place until full
details of both hard and soft landscape works to be carried out at the site
have been submitted to and approved in writing by the local planning authority.
The approved hard landscaping works shall be carried out prior to first
occupation of the development and the soft landscaping works within the first
planting season following first occupation of the development. The details
submitted shall include: - proposed finished site levels or contours; - hard surfacing materials; - details of the number, size and location of the
trees, shrubs and plants to be retained and planted together with a planting
specification – these shall include compensatory planting for the trees already
identified as to be removed as part of the development; - details of measures to enhance biodiversity within
the site; - location and design, including materials, of
walls, fences and gates; -
programme for completion and subsequent on-going
maintenance. Any trees or shrubs dying,
removed, being severely damaged or becoming seriously diseased within five
years of planting shall be replaced with trees or shrubs of such size and
species as may be agreed with the Local Planning Authority. Reason: In the interests of biodiversity and the
natural environment. 4. External
Materials - Notwithstanding Condition 1, Prior to work starting on site
samples of the proposed materials to be used for the external finishes of the
development hereby granted consent shall be submitted to and approved in
writing by the Planning Authority prior to any work starting on site. Reason:
In the interests of visual amenity and in order to integrate the
proposal with its surroundings. 5. Sustainable Design – Notwithstanding
Condition 1, Prior to the commencement of development, details of the on-site
micro renewable energy to provide heat or electricity to the property and
details of the use of the final materials – including details of any re-cycled
materials or local sourced materials and their embodied energy for each
materials, shall first be submitted and approved in writing by the Local
Planning Authority. Thereafter the approved micro renewables and materials must
be used in the development hereby approved. Reason: In order to ensure compliance with
LDP2 Policy 09 and to ensure the building is being as energy efficient as
possible in order to respond to climate change. 6. Electric Vehicle Charging – Notwithstanding
Condition 1, Prior to the commencement of development, details of the provision
of electric vehicle charge points shall first be submitted and approved in
writing by the Local Planning Authority. Thereafter the electric vehicle charge
points must be available for use in the development hereby approved. Reason: In order to ensure compliance with
LDP2 Policy 34. 7. Quality homes – Notwithstanding Condition ... view the full minutes text for item 9. |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: The Area Team Leader spoke to the terms of the report and to supplementary report number 1, which advised of a further submission by an existing objector and of an amendment to the order of the recommended planning conditions and reasons. Listed Building Consent is sought for the alterations to form a new vehicular access through an existing stone wall. The proposal lies within the Rhu Conservation Area and the residential property adjacent to the West “Lagarie House” is a Category “B” listed building. Additionally, within the vicinity is the Category “A” listed “Ardencaple Hotel”. The existing stone wall is deemed to be Category “B” listed by way of curtilage in relation to “Lagarie House”. Having regard to all material considerations it is considered that the proposal is acceptable and it was recommended that Listed Building Consent be granted subject to the conditions and reasons detailed in supplementary report number 1. Decision The Committee agreed to grant Listed Building Consent subject to the following conditions and reasons: 1.
The
development shall be implemented in accordance with the details specified on
the application form dated 28/07/2023; supporting information and, the approved
drawings listed in the table below.
Reason:
For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 2.
The
works permitted to which this consent relates must be begun within three years
from the date of this permission. Reason: to comply with Section 16 of the Planning (Listed
Buildings and Conservation Areas)(Scotland) Act 1997. 3.
Notwithstanding
the effect of condition 1; Samples of the replacement stone to be used for the
of the development hereby granted consent shall be submitted to and approved in
writing by the Planning Authority prior to any work starting on site. Reason: To ensure that the materials to be used on the external
surfaces of the listed wall complement and match the existing wall. 4. Notwithstanding the effect of condition 1;
any replacement stone shall match the detailing including joint thickness of
the existing listed stone wall. Reason: To ensure that the materials to be used on the
external surfaces of the listed wall complement and match the existing wall. 5.
Notwithstanding
the effect of condition 1; should any gateposts be formed additional details of
these shall be submitted to and approved in writing by the Planning Authority
prior to any work starting on site. Reason: To ensure that the materials to be used on the
external surfaces of the listed wall complement and match the existing wall. (Reference: Report by Head of Development and Economic Growth dated 7 May 2024 and supplementary report number 1, submitted) |
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Report by Head of Development and Economic Growth Additional documents:
Minutes: The Senior Planning Officer spoke to the terms of the report and to
supplementary report number 1, which advised of the Applicant raising matters of
clarification in relation to the proposed conditions and their response to NatureScot. Consideration was given to a recommended response to the Scottish
Government’s Energy Consents Unit and Deployment Unit consultation on the
Section 36 Application for the construction, 35 year commissioning and
subsequent decommissioning, of up to 13 wind turbines with a tip height of up
to 200m. Spanning approximately 1273 hectares, the site is situated at the
southern end of the Kintyre peninsula within an area of active commercial
coniferous forestry. This report reviews the policy considerations which are applicable to
this proposal and the planning merits of the development, the views of bodies
consulted by the Scottish Government along with other consultations undertaken
by the Council, and third party opinion expressed to the Scottish Government. It was recommended that the ECU be notified that Argyll and Bute
Council does not object to the proposed development subject to the inclusion of
conditions recommended by consultees being included in any consent and subject
to further conditions and legal agreements as discussed with the Applicant to
mitigate the specific impacts of the Breackerie Wind
Farm proposal as detailed in the supplementary report number 1. During discussion of this application a short adjournment was taken at
2.43 pm to allow Councillor Blair to seek advice on preparing a competent
Motion. The Committee reconvened at 3.10 pm. Decision The Committee agreed that the ECU be notified that Argyll and Bute
Council objects to the proposed development for the following reasons: 1.
Given
its proposed location on the terminal section of Kintyre, set apart from the
main spine of the peninsula, the development would be seen as an outlier from
the established pattern of windfarm development in Kintyre which is contained
within the interior uplands of the Kintyre spine and associated with the
woodland hinterland. 2.
The
Development will have a significant impact on landscape character and visual
impact contrary to Policy 30 and Policy 71 of LDP2 and will also be contrary to
NPF4 Policy 11 e (ii). The development will have a significant effect on highly
sensitive coastal and smaller scale landscapes.
This is contrary to the guidance in the Landscape Wind Energy Capacity Study
2017 (LWECS) which identifies no opportunities to accommodate large turbines in
this area of landscape character. (Reference: Report by Head of Development and Economic Growth dated 9
May 2024 and supplementary report 1 dated 21 May 2024, submitted) |
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Councillors John Armour and Dougie Philand returned to the meeting during consideration of the foregoing item. |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. The proposed site is located within the H M Clyde Naval Base, located 2km south west of Garelochhead. The proposed site has been partially cleared and is surrounded by the built up area of the Naval Base which fronts onto the Gare Loch to the west. In terms of the adopted Local Development Plan 2 (2024), the site is located within the Garelochhead Settlement Area and borders the Helensburgh/Lomond Countryside Area to the east. The
report sets out the information submitted to date as part of the Proposal of
Application Notice (PAN) and summarises the policy considerations, against
which any future planning application will be considered as well as potential
material considerations and key issues based upon the information received to
date. It
was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to
allow these matters to be considered by the Applicant in finalising any future
planning application submission. Decision The
Committee noted the content of the report and expressed disappointment that accommodation
for naval personnel was being built on the base and not nearer to the town
centre which would support local services and businesses. (Reference: Report by Head of Development and Economic Growth dated 9 May 2024, submitted) |
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Report by Head of Development and Economic Growth Additional documents: Minutes: The Senior Planning Officer spoke to the terms of the report. The proposed peat extraction area of Laggan Moss comprises 110ha blanket bog which has historically been used for peat harvesting. The proposal site, as identified in the submitted plans, comprises approximately 12ha of open peat moss land at Laggan Moss, Bowmore. The site is located approximately 3km south west of Bowmore and is served by a single access road that leads from the A846 Port Ellen to Bowmore road and also serves the Bowmore waste water treatment works and the Bowmore landfill and waste reclamation site. The site is located within a Countryside Zone. The entire site lies within both Laggan Bay and Peninsula designated Site of Special Scientific Interest (SSSI) and Special Protection Area (SPA). The
report sets out the information submitted to date as part of the Proposal of
Application Notice (PAN) and summarises the policy considerations, against
which any future planning application will be considered as well as potential
material considerations and key issues based upon the information received to
date. It
was recommended that Members note the content of the report and submissions and
provide such feedback as they consider appropriate in respect of the PAN to
allow these matters to be considered by the Applicant in finalising any future
planning application submission. Decision The
Committee noted the content of the report and provided no feedback to the Applicant. (Reference: Report by Head of Development and Economic Growth dated 9 May 2024, submitted) |
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UPDATE ON RECENT SCOTTISH MINISTERS SECTION 36 NARACHAN WIND FARM DECISION Report by Head of Development and Economic Growth Additional documents: Minutes: A report summarising the decision made by Scottish Ministers to refuse Section 36 consent and deemed planning permission for Narachan Wind Farm was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 29 April 2024, submitted) |
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UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISION Report by Head of Development and Economic Growth Additional documents: Minutes: A report summarising a recent decision by the Scottish Ministers in respect of an appeal against refusal of planning application reference 22/00678/PP which was dismissed, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 22 May 2024, submitted) |
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PRIVATE HIRE CARS AND TAXIS LICENSED IN ARGYLL & BUTE Report by Executive Director with responsibility for Legal and Regulatory Support Additional documents: Minutes: A report providing an update on the number of private hire cars and taxis across the licensing authority’s area was before the Committee for information. Decision The Committee noted the number of private hire cars and taxis across the licensing authority’s area as detailed at Appendix 1 and 2 of the report. (Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 25 March 2024, submitted) |
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The Committee resolved in terms of Section 50(A)(4) of the
Local Government (Scotland) Act 1973 to exclude the press and public for the following
2 items of business on the grounds that they were likely to involve the
disclosure of exempt information as defined in Paragraph 13 respectively of
Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. |
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E1 |
REQUEST FOR TREE PRESERVATION ORDER Report by Executive Director with responsibility for Development and Economic Growth Minutes: Consideration was given to a report requesting the serving of a Tree Preservation Order. Decision The Committee agreed the recommendations in the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 22 May 2024, submitted) |
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E1 |
CONFIRMING A TREE PRESERVATION ORDER Report by Executive Director with responsibility for Development and Economic Growth Minutes: Consideration was given
to a report requesting confirmation of a Tree Preservation Order. Decision The Committee agreed the
recommendations in the report. (Reference: Report by
Executive Director with responsibility for Development and Economic Growth
dated 22 May 2024, submitted) |