Agenda reports pack
Argyll and Bute Council · 24 January 2024
Back to Planning, Protective Services and Licensing Committee — 24 January 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 17 January 2024 NOTICE OF MEETING A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be held BY MICROSOFT TEAMS on WEDNESDAY, 24 JANUARY 2024 at 11:00 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. MINUTES (a) Planning, Protective Services and Licensing Committee held on 20 December 2023 (Pages 3 - 30) (b) Planning, Protective Services and Licensing Committee held on 16 January 2024 (Pages 31 - 34) 4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI SURVEY (Pages 35 - 40) Report by Executive Director with responsibility for Legal and Regulatory Support * 5. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - LICENSING FEES IN PREPARATION FOR LICENCE RENEWALS (Pages 41 - 50) Report by Executive Director with responsibility for Legal and Regulatory Support 6. OBAN AND HELENSBURGH STRATEGIC DEVELOPMENT FRAMEWORKS (Pages 51 - 58) Report by Executive Director with responsibility for Development and Economic Growth Public Document Pack
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Items marked with an “asterisk” are items, on the basis of information available at the time this Agenda is published, on which the Committee may not have delegated powers to act, and which may therefore require to be referred to the Council or another Committee, and that referral may depend on the decision reached at the meeting. Planning, Protective Services and Licensing Committee Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Audrey Forrest Councillor Kieron Green (Chair) Councillor Amanda Hampsey (Vice-Chair) Councillor Daniel Hampsey Councillor Graham Hardie Councillor Mark Irvine Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Luna Martin Councillor Dougie Philand Councillor Peter Wallace Contact: Fiona McCallum Tel. No. 01546 604392
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 20 DECEMBER 2023 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Mark Irvine Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Luna Martin Councillor Dougie Philand Councillor Peter Wallace Attending: Shona Barton, Governance Manager Peter Bain, Development Manager Sandra Davies, Major Applications Team Leader Bryn Bowker, Area Team Leader – Mid Argyll, Kintyre and the Islands Arlene Knox, Senior Planning Officer Shelley Gould, Senior Planning Officer Fiona Scott, Planning Officer Norman Shewan, Planning Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest and Andrew Kain. 2. DECLARATIONS OF INTEREST Councillor John Armour declared a non-financial interest in planning application reference 23/01018/PP as it concerned a farm neighbouring his own business and he had also been lobbied by local residents. He indicated that he would take no part in the determination of this application which was dealt with at item 8 of this Minute, but would remain in the meeting. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 20 November 2023 was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 11.00 am was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 2.00 pm was approved as a correct record. d) The Minute of the Planning, Protective Services and Licensing Committee held on 22 November 2023 at 3.00 pm was approved as a correct record. e) The Minute of the Planning, Protective Services and Licensing Committee held on 28 November 2023 was approved as a correct record. Page 3 Agenda Item 3a
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4. TSL CONTRACTORS LTD: DETAILED PLANNING APPLICATION FOR THE ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 97 RESIDENTIAL UNITS AND A COMMERCIAL UNIT (CLASS 1) WITH ALL ASSOCIATED EXTERNAL WORKS AND LANDSCAPING: LAND NORTH WEST OF ISLE OF MULL HOTEL, CRAIGNURE, ISLE OF MULL (REF: 22/01418/PP) The Major Applications Team Leader spoke to the terms of the report. The proposal seeks to develop an allocated housing site within LDP2 to provide 97 dwellings of various sizes. The site is located in the rural area, with the housing allocation playing a pivotal role in meeting the housing needs of the island. The Examination by Scottish Government Reporters to the Argyll and Bute Local Development Plan 2 (LDP2) has now concluded and the Examination Report has been published. Although still to be formally adopted it is considered that LDP2 carries sufficient weight to outweigh the designation of land as countryside in the adopted LDP. The development would still be a minor departure from LDP2 as a small area to the north west of the site lies out with the allocation and within the countryside zone. No houses are proposed in this area and it would be required to accommodate one of the two Sustainable Urban Drainage Areas (SUDs) required for draining the site. 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: 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 8/7/22; , 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. Plan Title. Plan Ref. No. Version Date Received Location Plan as Existing 200661A-10-002 Rev.D 06/09/2022 Topographical Survey Plan as Existing 200661A-10003 Rev.A 06/09/2022 Location Plan – Craignure Context as Existing 200661A-10-001 Rev.C 06/09/2022 Location Plan as Proposed 200661A-PL-001 Rev.G 09/11/2023 Site Plan as Proposed 200661A-PL-003 Rev.C 9/11/2023 Site Cross 200661A-PL-002 Rev.A 18/08/2022 Page 4
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Section Detail as Proposed External Levels Layout J5336-001 11/07/2022 Drainage Layout J5336-011 Rev.F 09/03/2023 Cottage Flats- Affordable Plans & Elevations 200661A-PL-010 Rev.A 18/08/2022 2 & 3 Bed Terrace- AFF. Plans & Elevations 200661A-PL-011 Rev.B 06/09/2023 3 Bed Semi- Detached –AFF Plans & Elevations 200661A-PL-012 11/07/2022 1 Bed Flats- PFS Plans & Elevations 200661A-PL-013 Rev.A 18/08/2022 2 Bed Flats –PFS Plans & Elevations 200661A-PL-014 Rev.A 18/08/2022 2 Bed Bungalow – PFS Plans & Elevations 200661A-PL-015 Rev.A 18/08/2022 3 Bed Flat & Retail Uni- PFS Plans & Elevations 200661A-PL-016 Rev.B 05/04/2023 3 Bed Semi Detached- PFS Plans & Elevations 200661A-PL-017 Rev.A 18/08/2022 3 Bed Detached- PFS Plans & Elevations 200661A-PL-018 11/07/2022 4 Bed Detached- ST- PFS Plans & Elevations 200661A-PL-019 11/07/2022 4 Bed Detached In- PFS Plans & Elevations 200661A-PL-020 11/07/2022 4 Bed Detached Wide- PFS Plans & Elevations 200661A-PL-021 Rev.A 18/08/2022 4 Bed Detached Large- PFS Plans & Elevations 200661A-PL-022 11/07/2022 2 & 3 Bed Terrace – AFF. Combined Plans 200661A-PL-023 Rev.A 06/09/2022 Page 5
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3 Bed Detached – Handed Plans & Elevations 200661A-PL-024 18/08/2022 4 Bed Detached St – Handed Plans & Elevations 200661A-PL-025 18/08/2022 4 Bed Detached Inv-Handed Plans & Elevations 200661A-PL-026 18/08/2022 4 Bed Detached Wide-Handed Plans & Elevations 200661A-PL-027 18/08/2022 4 Bed Detached Large-Handed Plans & Elevations 200661A-PL-028 18/08/2022 1 & 2 Bed Flats – PFS Plans & Elevations 200661A-PL-029 06/09/2022 Garage Units Plans & Elevations 200661A-PL-051 18/08/2022 Vehicle Swept Path Analysis for a Refuse Vehicle J5336-004 11/07/2022 Proposed Landscape Layout 1641-01 Rev.F 18/08/2022 Softworks Specification & Maintenance 1641-03 Rev.B 04/07/2023 Proposed trees to be removed & retained 1641-02 Rev.B 04/07/2023 Waste Strategy & Bin Storage 200661A-PL050 Rev.A 06/09/2022 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant: • This planning permission will last for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] • In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ Page 6
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to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act. In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. 2. Archaeological Works No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to comply with the requirements of NPF4 Policy 16F. 3. Requirement for Public Sewerage Connection The development hereby approved shall connect to the public sewerage system. Reason: The site is located within a settlement area served by a public sewer. The use of a private system would be a material change and would require the submission of a further planning application. 4. Open Space Provision No development shall commence until details for the provision and maintenance of areas of communal open space and equipped play area(s) identified on the approved plans have been submitted to and approved in writing by the Planning Authority. The details shall comprise: (i) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit; (ii) Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors); (iii) Proposals for the timing of the implementation of the play area(s) in relation to the phasing of the development. The equipped children’s play area shall be completed before the occupation of the 50th dwelling; (iv) A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on-going inspection, recording and procedures for detailing with defects. Page 7
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The communal open space and equipped play area(s) shall be provided in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter. Reason: In order to secure provision of communal open space and equipped play areas within the development in accordance with the requirements of NPF4 Policy 16F. 5. Construction Environmental Management Plan No construction works shall be commenced until a Construction Environmental Management Plan (CEMP) and a Site Waste Management Plan (SWMP) have been submitted to and approved in writing by the Planning Authority. The CEMP shall be overseen by an Ecological Clerk of Works (ECoW) and shall cover the following details: Public Protection Issues: a) Consideration of all local noise sensitive receptors and the impact which would be had during land clearance and construction and the controls for this b) The use of equipment, such as mobile crushers and pecking equipment which may be in use and the controls which are put in place for these c) Any controls for dust on the site to ensure that this does not cause a nuisance to nearby receptors d) Any site lighting which may be used during the project and how this will be controlled so as not to cause a light nuisance to local receptors e) Proposed hours of works f) Best Practical Means measures to be put in place during any land clearance and construction work phases. Biodiversity Issues: (a) 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) Details of all trees to be removed and the location, canopy spread and root zone of trees to be retained as part of the development; ii) A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread taking account of root zone of each tree in accordance with BS 5837:2012 “Trees in Relation to Design, Demolition and 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. (b) Prior to the commencement of development an updated habitat survey shall be carried out, the findings of which shall be submitted to and approved in Page 8
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writing with the planning authority- this information should form part of a Habitat Management Plan. (c) If tree works are proposed during the bird nesting season (March – August inclusive) a pre-commencement inspection for active bird nests should be carried out by a suitably qualified person. Only if there are no active nests present should works proceed. (d) Otter mitigation shall be undertaken in accordance with the recommendations contained within the original ecological survey for otter - An ecological toolbox talk will be presented to all site contractors as part of their pre-works site induction in accordance with best practice; - Where the species data is older than 18 months, the reported baseline should be updated by further survey work and included as part of a Species Management Plan outlining the species management for each of the species mentioned ( Otter, Bats both European protected Species, birds ( none specific). (e) If any of the trees which have been identified as being suitable for bats are to be removed between May-September, a further inspection of these trees shall be carried out by a licensed Bat worker prior to their removal. A European Protected Species Licence will need to be acquired from NatureScot in order for the bats to be translocated by a licenced Bat Worker. (f) An ecological toolbox talk on bats and what to do if bats or field signs of bats are encountered shall be presented to all site contractors as part of their pre-works site induction. Further information can be found in the Biodiversity Technical Note in terms of surveys and mitigation calendars Page 20 and 21: https://www.argyll- bute.gov.uk/sites/default/files/biodiversity_technical_note_feb_2017_4.pdf (i) An Invasive Non Native Species Eradication Plan for Rhododendron ponticum should be included in the CEMP ready for implementation. (j) Details of pollution controls during construction. Reason: In order avoid, minimise or mitigate effects on the environment and surrounding area. 6. White Tailed Sea Eagle Prior to the commencement of development confirmation of the outcome of discussions with the Mull RSPB Officer (currently Dave Sexton) with regard to requirements for a Bird Protection Plan for White Tailed Eagle shall be submitted to and approved in writing by the Planning Authority. In the event that a Bird Protection Plan is required, this shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development. Thereafter the development shall proceed in accordance with this plan. Reason: In order to establish whether a Bird Protection Plan will be required as the nesting locations of White Tailed Sea Eagles varies each year. Page 9
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7. Drainage Maintenance Arrangements Prior to the commencement of approved drainage works, details of the maintenance responsibility and schedule of intended maintenance arrangements of the approved drainage works shall be provided to the Planning Authority for their approval. This schedule shall include inspection, recording and procedures for detailing with defects. For the avoidance of doubt this shall also include the maintenance of the SUDs ponds. The drainage works for the development shall thereafter be maintained in accordance with the approved details. Reason: To ensure appropriate maintenance provisions in respect of the approved drainage details are secured in the interests of alleviating any potential flood risk arising from surface water. 8. Landscaping Details No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing 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) Details of compensatory tree planting as show on the proposed landscape drawing produced by Hirst Landscape Architects (1641 01 rev F). vi) A programme for the timing, method of implementation, completion and subsequent on-going maintenance. vii) Surface materials proposed for private communal parking areas. 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. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 9. Road Built to Adoptable Standards All new roads other than private accesses serving no more than 5 dwellings shall be built to an adoptable standard in accordance with Designing Streets and the National Roads Development Guide. Reason: In the interests of road safety to ensure the provision of a road commensurate to the scale of development. Page 10
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10. 20mph Speed Limit Within 12 months of the occupation of the first dwelling house the internal road network shall have a 20mph limit. Reason: In the interests of road safety. 11. Junction Improvements Full details of improvements to the existing junction of the UC80 and the A849 shall be submitted to and approved in writing by the Planning Authority in consultation with the Road Network Manager. This shall include resurfacing of the UC80 east footway from the junction of the development to the A849. Reason: In the interests of road safety. 12. Visibility Splays Prior to work starting on site the junction of the development access with the UC80 shall have a visibility splay of 42m x 2.4m x 1.05m. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. Reason: In the interests of road safety. 13. 40mph Speed Limit No development shall commence until a 40mph speed limit is introduced on the A849 from the existing 30mph limit at Craignure to an agreed location west of the UC80. Prior to the implementation of this speed limit full details of the extent of the speed limit shall be submitted to and approved in writing by the Planning Authority in consultation with the Road Network Manager. Reason: In the interests of road safety. 14. Traffic Management Plan Prior to development commencing, a Traffic Management Plan shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Engineer. The Plan shall detail the phasing of the construction elements of the development, a proposed phasing schedule of the plant and materials deliveries to site, proposed and approved access routes, agreed operational practices, and shall provide for the provision of an appropriate Code of Practice to drivers of construction and delivery vehicles. The development shall be implemented in accordance with the duly approved Traffic Management Plan unless as otherwise may be agreed in writing by the Area Roads Engineer. Reason: To address traffic associated with the construction of the development in the interests of road safety and having regard to the access arrangements to the site. 15. Electric Vehicle Charging Page 11
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Prior to any dwelling being occupied which has private in-curtilage parking provision, dedicated cable ducting connecting each private residential parking space to the nearest electricity supply connection point capable of supporting the installation of a 7 kilowatt EV charging point shall be provided. Prior to dwellings being occupied where communal parking is proposed, a minimum of one EV charging point for every five residential communal off street spaces shall be provided. In addition, dedicated cable ducting shall be installed to allow all remaining communal parking spaces to be provided with a charging point in the future. Reason: To ensure that the development has adequate provision for the charging of EVs in accordance with policy 34 of LDP2. 16. Biodiversity Enhancement Measures Biodiversity enhancement measures shall be undertaken in accordance with the Biodiversity Measures document dated 11th July 2023. Prior to the occupation of the first dwelling further details of the proposed enhancements as detailed in this document including their design, location and timing of completion shall be submitted to and approved in writing by the Planning Authority. Thereafter these biodiversity enhancement shall by maintained in accordance with these details. Reason: To ensure that the development includes biodiversity enhancements as required by NPF4 Policy 3. 17. No Permission for Care Home or Nursery No permission is given or implied for the proposed nursery or care home shown indicatively on the approved site plan. Reason: For the avoidance of doubt. 18. Hours of Construction The permitted hours of construction works shall be restricted to 08:00 hours to 18:00 hours Monday to Friday and 08:00 hours to 13:00 hours on Saturday. No construction works shall take place outwith these hours, or on Sundays or Bank Holidays, unless the written agreement of the Planning Authority has been obtained in advance, in which case the specified operations shall be confined to activities which do not present any likely source of nuisance in terms of noise, vibration, dust or any other consequence likely to be prejudicial to the interests of residential amenity. Reason: In order to protect the residential amenities of the area. 19. Affordable Housing Plots 74 to 97 shall only be managed by a Registered Social Landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification) and shall not enure for the benefit of any other person, company or organisation. Page 12
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Reason: To ensure the provision of affordable housing to the standard required by the development plan in the absence of any other agreed means of securing such provision. 20. Materials No development shall commence until full details /samples of materials to be used in the construction of the dwelling houses and commercial unit hereby approved have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 21. Arrangements for Waste No development shall commence until a waste strategy detailing how much waste the proposal is expected to generate and detailing the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick up by refuse collection vehicles, have been submitted to an approved in writing by the Planning Authority. Thereafter the duly approved provision shall be implemented prior to the first occupation of the dwellings which it is intended to serve. Reason: In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with NPF4 Policy 12 and Policy SG LDP SERV 5 (b). 22. Finished Floor Levels No development shall commence until details of the proposed finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site have been submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the approved details. Reason: In order to secure an acceptable relationship between the development and its surroundings. 23. Phasing of Development The development hereby approved shall be constructed in accordance with the potential phasing plan contained within the supporting Design and Access Statement (8.1 Potential Phasing, p53) unless otherwise agreed in writing with the Planning Authority. Reason: In order to ensure that the affordable housing is delivered in a timely manner. 24. Prior to the commencement of development full details of water conservation measures to be included within the development shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be implemented with these details. Page 13
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Reason: In the interests of water conservation. (Reference: Report by Head of Development and Economic Growth dated 7 December 2023, submitted) 5. MRS KAREN DAVIES: PARTIAL CHANGE OF USE OF FLAT TO FORM TEACHING FACILITIES: 3 WOODSTONE COURT, PIER ROAD, RHU, HELENSBURGH (REF: 22/01712/PP) The Planning Officer spoke to the terms of the report. He advised of a correction to the report of handling in respect of comments submitted by Environment Health and stated that these comments detailed within the report did not have the status of a full consultation response and related to an informal communication between Officers. The proposed development is a partial change of use where a total of some 60m² of floor space is proposed to be used as a retreat centre to learn meditation and mindfulness with spiritual teaching. The proposed use will operate with weekly programmes largely within the hours of 9.30 -16:30 with occasional evening use within the hours 19:00 – 21:30. The site is located within the residential area in the settlement of Rhu. A total of 19 representations have been received, 4 in support and 15 objections, the details of which were contained within section F of the report. It was considered highly likely that the proposal would result in an inadequate level on-site car parking provision leading to increased demand for car parking in non-designated parking areas, private roads and public roads within the locality to the detriment of highway safety and the free-flow of traffic. In the absence of adequate information to demonstrate otherwise, Officers consider that the proposal is contrary to the provisions of NPF 4 Policy 13; the adopted LDP – 2015 Policy LDP 11 and SG LDP TRAN 4 and SG LDP TRAN 6; and LDP 2 Policy 40. Officers also considered that the proposal was an inappropriate use in a residential context and was contrary to the provisions of LDP Policy 8 and 9, SG LDP BAD 1 and Proposed LDP2 Policy 14. It was therefore recommended that planning permission be refused for the reasons detailed in the report of handling. Decision The Committee agreed to refuse planning permission for the following reasons: 1. Argyll and Bute Local Development Plan – Adopted 2015 Policy LDP 8 and SG LDP BAD 1 – Bad Neighbour Development and the emerging Proposed Argyll and Bute Local Development 2 Policy 14 serves to resist any proposal that would have an unacceptable adverse impact upon the amenity of neighbouring land uses resulting from noise, vibration, etc. In addition Policy LDP 9 – Development Setting, Layout and Design seeks to ensure that a high standard of appropriate design that is compatible with the surroundings. It is considered that the nature and scale of the proposal which is a non-residential institutional use, proposed to have week-long courses for groups of 12-15 teachers/students/practitioners within two rooms of a 2-bedroom flat contained in a block of 9 no. residential units is inappropriate. This is due to the access to the proposed teaching/retreat use from the grounds of the building, being via a communal Page 14
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hallway and stairwell shared with a number other residential properties. The flat subject of the application is located on the first floor, with other flats located directly above and below it. No information has been submitted to date with regard to the construction specification of the floor zones between these flats, or the sound insulation performance of the floor construction. In addition, no sound surveys between the flats has been submitted in support of the application. There is a conflict with existing homogenous residential use and potential significant adverse impact on residential amenities. Therefore, this proposal is inappropriate use in a residential context and is contrary to the provisions of LDP Policy 8 and 9, SG LDP BAD 1 and Proposed LDP 2 Policy 14. 2. Argyll and Bute Local Development Plan – Adopted 2015 Policy 11 and SG LDP TRAN 6; and the emerging Proposed Argyll and Bute Local Development Plan 2 Policy 40 serve to require that proposed development that will result in an intensification of traffic and demand for car parking will only be supported where the proposed development includes adequate on site car parking to accommodate all existing car parking demand, and any intensification of demand by virtue of the development proposal. It is considered that the proposed partial change of use from a 2 bedroom residential flat to a commercial use comprising a retreat centre to teach and practice spiritual disciplines including meditation and mindfulness by means of weekly programmes for groups of 12-15 participants during the hours of 9.30-4.30, with the occasional evening use 7- 9.30, will result in a substantial intensification of traffic using the existing public/private access regime and on site car parking provision. Whilst the applicant has suggested that groups attending the sessions will be bussed in and out of the premises using a mini-bus or similar, officers do not consider that this is a sufficiently robust justification for accepting development that appears, on the basis of information submitted, to be deficient in car parking spaces with reference to the Council’s adopted standards. The supporting information indicates that there are 15 no. existing spaces however this cannot be verified from the drawings submitted and it is not clear that all of these spaces are within the ownership or control of the applicant. Existing parking provision would be based on an application of the standards for residential units i.e the number of residences and the number of bedrooms that each residence has. The adopted standard is 1½ spaces per 1-bedroom unit, 2 spaces per 2-3 bedroom unit; and 3 spaces per unit with 4 or more bedrooms. The applicant has submitted inadequate information to allow an assessment of the number and location of existing on-site parking spaces to meet the current demand. The adopted parking standards relative to a non-residential institution use is 1 space per two staff plus 3 spaces per 100m2. The application drawings show approximately 75m2 of floorspace to be used for teaching/meditation, which would result in a minimum requirement for 1 additional parking space, plus a further space per two staff members, including visiting teachers. However, as the supporting information advises, it is intended that the rooms be used by groups of up to 15 people at a time, which will result in a significantly higher demand for car parking provision than an application of the adopted standards. The information submitted does not demonstrate to the satisfaction of the planning authority that the proposal can provide adequate space for car-parking and manoeuvring within the site to accommodate the current demand for car parking, plus the intensified demand likely to result from the proposed change of use with regard to adopted standards. It is considered highly likely that the proposal would result in an inadequate level on-site car parking provision leading to increased demand for car parking in non-designated parking areas, private roads and public roads within the locality to the detriment of highway safety and the free-flow of traffic. In the absence of adequate information to demonstrate otherwise, officers consider that the proposal is Page 15
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contrary to the provisions of NPF 4 Policy 13; the adopted LDP – 2015 Policy LDP 11 and SG LDP TRAN 4 and SG LDP TRAN 6; and LDP 2 Policy 40. (Reference: Report by Head of Development and Economic Growth dated 7 December 2023, submitted) Councillor Dougie Philand joined the meeting during consideration of the foregoing item. 6. MR KEVIN BURNETT: RENEWAL OF PLANNING PERMISSION IN PRINCIPLE REFERENCE 18/02720/PPP - SITE FOR PROPOSED RESIDENTIAL DEVELOPMENT: SITE AT LONAN DRIVE, OBAN: (REF: 23/00376/PPP) The Planning Officer spoke to the terms of the report. Before proceeding with her presentation she advised of an email received from Mr Moncrieff attaching a video which showed water running through the site. No commentary accompanied this video and there was no indication of when the video had been taken. This application is seeking to secure Planning Permission in Principle (PPP) for a residential development on an area of land at Lonan Drive, Oban. The principle of the development on this site has been established by the granting of PPP reference 18/02720/PPP following a discretionary pre determination hearing. Whilst the previous PPP expired on 31 March 2023, it is considered to represent a material consideration in the current application which was submitted and validated within the lifetime of the previous permission and which effectively seeks to renew the original PPP. The application has been the subject of 77 objections from 66 households, one representation and an objection from Oban Community Council. Officers consider that issues and concerns expressed do not raise any matters that were not previously considered at the hearing. Since the previous permission was granted, there has been no change in the main policy background within this area and there have been no material changes in circumstances in the locality or in the previously approved access or servicing arrangements which would preclude the renewal of the previous permission. It was recommended that planning permission in principle be granted subject to the conditions and reasons detailed in the report. Decision The Committee agreed to grant planning permission in principle subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Additional Conditions 1. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 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 Page 16
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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. Note to Applicant Regard should be had to Scottish Waters consultation comments and the Oban and District Access Panels comments in relation to the proposed development, details of which are available to view via the Public Access section of the Council’s website. 2. PPP – Approved Details The development shall be implemented in accordance with the details specified on the original application form dated 18/12/18 and the previously approved drawings listed in the table below. Plan Title. Plan Ref. No. Version Date Received Site and Location Plan 1441 01 b 09/03/23 Indicative Site Plan & Site Sections 1440 L(--)01 g 09/03/23 Site Sections 1440 L(--)02 a 09/03/23 Road Layout at Lonan Drive 601775-DRG-0001- P1 09/03/23 Road Details at Lonan Drive 601775-DRG-0002- P1 09/03/23 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. 3. PPP – Timescale to be Agreed for Completion Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 4. PPP – Roads and Access Pursuant to Condition 1 – no development shall commence until details of the proposed service road and connection with the existing public road have been submitted to and approved by the Planning Authority. Such details shall incorporate: i) A vehicular access layout providing a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984; ii) A turning head for the public service vehicle; iii) Details of the priority signage for the access into the site. Prior to work starting on site, the junction with the existing public road shall be fully formed and surfaced with all access roads and footways granted consent constructed to at least base course level prior to any work starting on the erection of the buildings which they are intended to serve and the final wearing surface of the roads and footways shall be applied concurrently with the construction of the final building. Page 17
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Reason: In the interests of road safety and to ensure the timely provision of a service road commensurate to the scale of the overall development and having regard to the status of the proposed access as a residential service road. Note to Applicant: Road Construction Consent under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers and a Road Bond provided prior to the formation of the access within the development site. 5. PPP – Parking Provision Pursuant to Condition 1 – no development shall be commenced in respect of any individual building until plans and particulars of the means of parking/turning arrangements to serve that building have been submitted to and approved by the Planning Authority. Such details shall incorporate: i) The provision of parking and turning in accordance with the requirements of Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015. The approved parking and turning layout to serve the buildings shall be implemented in full prior to that building 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 – Sustainable Drainage System Pursuant to Condition 1, no development shall commence on site until full details, in plan form, of the land drainage design for the site and details of its ongoing maintenance has been submitted to and approved in writing by the Planning Authority. Such details shall show a drainage system designed in accordance with CIRIA C753 and Sewers for Scotland 4th Edition. Reason: In order to safeguard the development from the possibility of flooding. Note to Applicant Regard should be had to JBA Consulting Ltd consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website. 7. PPP – Design and Finishes Pursuant to Condition 1 – no development shall commence in respect of any individual building until plans and particulars of the site layout, open space, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate: i) A Design Statement in accordance with the advice set out in Planning Advice Note 68 which shall establish the design principles applicable to the layout of the development as a whole and design of the individual dwellings. ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within NPF4 Policy 14; Page 18
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iii) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; iv) Local vernacular design. 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. 8. PPP – Landscaping 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. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. 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 interests of amenity. 9. PPP – Tree 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; Page 19
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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 5837:2012 “Trees in Relation to Design, Demolition and Construction”. The tree survey should be undertaken prior to drafting the design plan for the placement of dwellings, verges, access routes and services. 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 – Japanese Knotweed Eradication Scheme Pursuant to Condition 1 – no development shall commence on site until full details of a scheme for the eradication of Japanese Knotweed has been submitted to and approved in writing by the Planning Authority in consultation with the Biodiversity Officer. The scheme shall include a timetable for implementation and clearly identify the extent of the Japanese Knotweed on a scaled plan. Prior to construction works commencing on site the approved scheme and timetable shall be implemented in full and a validation report confirming details of the remediation treatment carried out and confirmation that the site is free of Japanese Knotweed shall be submitted to the Planning Authority. Reason: To eradicate Japanese Knotweed from the development site and to prevent the spread of this non-invasive species through development works. 11. PPP – Affordable Housing Pursuant to Condition 1 - no development shall commence until a scheme for the provision of affordable housing (as defined below) has been submitted to and approved by the Planning Authority. The scheme shall: a) Provide that a minimum of 25% of the approved dwellings are affordable homes; b) Define those properties to be used as affordable homes; c) Establish the timing of their provision relative to the phasing of the development, which shall ensure that the last 25% of the dwellings within the development are not commenced until the affordable housing phase has been completed for occupation; d) Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers (including any discount rate applicable in terms of (ii) below); For the purposes of this condition ‘affordable homes’ are defined as being either: i) Social housing (rented or shared ownership or shared equity) managed by a registered social landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification); ii) Discounted low cost sale housing (subject to a burden under the Title Conditions (Scotland) Act 2003), or any equivalent provision in the event of the revocation and re- enactment thereof, with or without modification). Page 20
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iii) Housing for sale or rent without subsidy, which is designed to be affordable and to meet the housing needs of the majority of those households identified as in housing need in the Local Housing Strategy or Housing Market Study i.e. one or two person households on average income, with conditions attached to their missives to prevent further extension, thereby helping to ensure that they are likely to remain affordable to subsequent purchasers. The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing. Reason: To accord with the provisions of the Development Plan in respect of affordable housing provision. 12. PPP – Ecological Surveys Pursuant to Condition 1 - no development shall commence until full details of a Bat Survey and Red Squirrel Survey have been submitted to and approved in writing by the Planning Authority in Consultation with the Biodiversity Officer. Such details shall include when the surveys are to be carried out, the methodology to be employed in both surveys and any mitigation measures, including a timetable for the implementation of mitigation measures. Reason: To prevent the disturbance of Protected Species. Note to Applicant Regard should be had to the Council’s Biodiversity Officers consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website. 13. PPP – Peat Survey Pursuant to Condition 1- no development shall commence until full details of a Peat Survey and Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with the Biodiversity Officer. Such details shall provide details of the depth of the peat deposit on site. Reason: In order to protect natural heritage assets. Note to Applicant: Should the survey determine the depth of peat to be in excess of 0.5 metres the applicant will require to liaise with SEPA for advice on management. Regard should be had to the Council’s Biodiversity Officers consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website. 14. PPP – Open Space/Play Areas Pursuant to Condition 1 – no development shall commence until details for the provision and maintenance of proposed areas of communal open space and equipped play area(s) within the development have been submitted to and approved by the Planning Authority. The details shall comprise: i) A plan showing the location and extent of communal open space and equipped play areas; ii) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit; Page 21
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iii) Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors); iv) Proposals for the timing of the implementation of the play area(s) in relation to the phasing of the development; v) A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on-going inspection, recording and procedures for detailing with defects. The communal open space and equipped play area(s) shall be provided in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter. Reason: In order to secure provision of communal open space and equipped play areas within the development in accordance with the minimum standards set out in the Development Plan. 15. PPP – Core Path Pursuant to Condition 1 – no development shall commence until details for the provision of the Core Path through the development site has been submitted to and approved by the Planning Authority in consultation with the Access Officer. The details shall comprise: i) The route a minimum width of 2.5 metres wide; ii) The route finished in a tarmacadam surface; iii) The route provided with dropped kerbs where it meets the road surface; iv) Gradients kept to a minimum to ensure the route is accessible for people of all abilities. The route shall be provided in accordance with the duly approved details and maintained to the specified standards thereafter. Reason: In order to secure the retention of the existing core path in the interests of amenity Note to Applicant: The advice contained in the consultation response from the Council’s Access Officer in relation to application 18/02720/PPP, available to view via the Public Access section of the Council’s website, should be fully considered in the preparation of the details for the provision of the Core Path within the development. (Reference: Report by Head of Development and Economic Growth dated 8 December 2023, submitted) Page 22
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7. THE SCOTTISH GOVERNMENT ON BEHALF OF BLARGHOUR WIND FARM LIMITED: ELECTRICITY ACT SECTION 36C AND ELECTRICITY GENERATING STATIONS (APPLICATIONS FOR VARIATION OF CONSENT) (SCOTLAND) REGULATIONS CONSULTATION FROM THE ENERGY CONSENTS UNIT FOR PROPOSED VARIATION TO BLARGHOUR WIND FARM (CONSENTED 29 OCTOBER 2021). THE S36C VARIATION PROPOSES TO VARY THE S36 CONSENT FROM 17 WIND TURBINES, 136.5M IN HEIGHT TO BLADE TIP TO 14 WIND TURBINES, 180M IN HEIGHT TO BLADE TIP: LAND APPROXIMATELY 7KM NORTH WEST OF INVERARAY AND 4.5KM SOUTH OF PORTSONACHAN (REF: 23/00537/S36) The Senior Planning Officer spoke to the terms of the report and to supplementary report number 1 which provided further comment from the Applicant in relation to ornithology. Consideration was given to a recommended response to the Scottish Government’s Energy Consents and Deployment Unit consultation on the Section 36C Variation Application to the Section 36 consent granted on 29 October 2021 to construct and operate Blarghour Wind Farm. The reports presented reviewed the policy considerations which were relevant 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 following publicity of the application by them. It was recommended that the Energy Consents Unit be notified that the Council does not object to this Section 36C consultation subject to conditions detailed in supplementary report number 1. Motion To agree to the recommendation in the report. Moved by Councillor Gordon Blair, seconded by Councillor John Armour. Amendment That the Committee agree - 1. to the recommendation in the report; and 2. to request that Officers ensure that concerns expressed by Members during this meeting are passed on to the Energy Consents Unit. Moved by Councillor Kieron Green, seconded by Councillor Mark Irvine. A vote was taken by calling the roll. Motion Amendment Councillor Armour Councillor Brown Councillor Blair Councillor Green Councillor Kennedy Councillor A Hampsey Page 23
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Councillor D Hampsey Councillor Hardie Councillor Irvine Councillor McCabe Councillor Martin Councillor Philand Councillor Wallace The Amendment was carried by 10 votes to 3 and the Committee resolved according. Decision The Committee agreed:- 1. that the Energy Consents Unit be notified accordingly that: • Argyll and Bute Council DOES NOT OBJECT to this application, subject to the inclusion of the conditions recommended by consultees in any consent granted by the ECU. These should also include the condition proposed by the Applicant to allow the lighting scheme to be revisited in the future to take account of emerging technological solutions which would reduce the impacts of visible lighting, such as transponder radar activated lighting; and 2. to request that Officers that ensure that concerns expressed by Members during this meeting are passed on to the Energy Consents Unit. (Reference: Report by Head of Development and Economic Growth dated 20 December 2023 and supplementary report number 1 dated 19 December 2023, submitted) The Chair ruled, and the Committee agreed, to take a short break at this point. The Committee reconvened at 1.15 pm with all those present as per the sederunt with the exception of Councillor Paul Kennedy and Councillor Luna Martin. 8. MR THOMAS IRWIN: FORMATION OF EARTHBANK SLURRY LAGOON AND ASSOCIATED WORKS: LAND AT WEST DRUMLEMBLE FARM, WEST OF ROWAN TREE COTTAGE, DRUMLEMBLE, CAMPBELTOWN (REF: 23/01018/PP) Before proceeding with his presentation the Area Team Leader advised of a late representation received from Mr Tommy Millar, who had previously submitted an objection to this application. It was the view of Officers that the matters raised had been addressed in the report of handing which had been before the Members at their meeting in November 2023. The Area Team Leader then spoke to the terms of supplementary report number 1 which provided Members with an update following their decision on 22 November 2023 to continue the application in order to allow submission of further information from the Applicant. The Applicant submitted the requested information which included: a health and safety management plan for the site; revised site plan with tyre ladder details; revised cross-section plan; revised security steel mesh fence details to include 2 strands of barbed wire at the top and bottom; and Health and Safety Executive information sheet on managing slurry on farms. Page 24
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It was recommended that planning permission be granted subject to the revised list of conditions and reasons detailed in supplementary report number 1. 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 19.05.2023 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. Plan Title. Plan Ref. No. Version Date Received Location Plans/Site Layout Plans PL-001 A 30.05.2023 Proposed Site Layout Plan PL-002 D 06.12.2023 Security Fence Details PL-004 A 06.12.2023 Cross Sections through proposed slurry lagoon PL-003 C 06.12.2023 Topographic Survey 01 22.09.2023 Odour Management Plan 22.09.2023 Health and Safety Management Plan 06.12.2023 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Notwithstanding the effect of Condition 1, the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record, recover and report items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences. Reason: In order to protect archaeological resources. 3. Notwithstanding the effect of Condition 1, upon completion of works the development hereby approved shall not be brought into use until the applicant has submitted to the Page 25
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planning authority written confirmation from SEPA to confirm that the proposed development complies with the relevant provisions of The Water Environment (Controlled Activities)(Scotland) Regulations 2011 (as amended). Reason: In order to safeguard amenity and the environment. 4. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of: i) Any proposed re-contouring of the site by means of existing and proposed ground levels; ii) Proposed hard and soft landscape works; iii) 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. The development shall not be operated until such time as the surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed 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, and to comply with the requirements of NPF4 Policy 3. 5. The proposed development hereby approved shall be operated in accordance with the submitted Odour Management Plan dated September 2023, unless otherwise agreed in writing by the planning authority. Reason: In the interests of amenity and safety. 6. Notwithstanding the effect of Condition 1, the proposed safety signage shall be installed on all elevations of the fences and on all access gates to the site including on the two security fence gates as recommended on the revised site layout plan with drawing no. PL-002 Rev D. Thereafter the signage shall be maintained to ensure that it remains legible. Reason: In the interests of safety. 7. The development hereby approved shall be operated in accordance with the submitted Health and Safety Management Plan submitted to the Planning Authority on 06 December 2023, unless otherwise agreed in writing by the planning authority; or as may otherwise be alternatively instructed by any other Agency with a statutory remit limiting the operation or maintenance of the site, including the Health and Safety Executive and/or SEPA. Reason: In the interests of amenity and safety. Page 26
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(Reference: Report by Head of Development and Economic Growth dated 10 November 2023 and Supplementary Report Number 1 dated 8 December 2023, submitted) Councillor Luna Martin returned to the meeting during consideration of the foregoing item. 9. BEAM SUNTORY LTD: PROPOSAL OF APPLICATION NOTICE FOR HARVESTING OF PEAT MOSS FOR USE IN MALT WHISKY PRODUCTION AND RESTORATION OF PREVIOUSLY DRAINED SITES: GLENMACHRIE PEAT MOSS, PORT ELLEN, ISLE OF ISLAY (REF: 23/01984/PAN) The Senior Planning Officer spoke to the terms of the report. The proposed peat extraction area is located to the south of the settlements of Glenmachrie and Glenegedale on the western side of the Isle of Islay. The site area consists of open peat mossland and is partly dissected by the A846 which runs north to south. The site contains four bodies of water, three to the eastern side of the A846 and another on the western side. In terms of the adopted Local Development Plan (2015), the site is located within a Countryside Zone and borders some areas of the Rural Opportunity Zone to the south. To the north of the site is Loch Eighinn which is a designated Local Nature Conservation Site. The Laggan Bay coastal areas some 0.5km to the west of the proposed site are also designated as Special Protection Areas (SPA) and SSSI. The site is also subject to the following constraints: Surface and Riparian Flooding (REF: SEPA Flood Maps) (Parts of the site appear to be within 1:200 riparian flooding zones), Deep Peat and Safeguarding Zone 15 - Islay Airport (HIAL). The PAN describes the proposed development as “the harvesting of peat for use in the production of malt whisky in a manner that causes the least environmental impact, together with restoration of previously drained and worked areas within the site”. The report sets out the information submitted to date as part of the 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 requested that a step by step guidance note outlining the technical aspects of the extraction and restoration process alongside information on supply and demand of peat be submitted with the Planning Application. (Reference: Report by Head of Development and Economic Growth dated 1 December 2023, submitted) Page 27
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10. ARDALLA ESTATES LTD: PROPOSAL OF APPLICATION NOTICE FOR HARVESTING OF PEAT MOSS FOR USE IN MALT WHISKY PRODUCTION AND RESTORATION OF PREVIOUSLY DRAINED SITES: BALLIVICAR PEAT MOSS, PORT ELLEN, ISLE OF ISLAY (REF: 23/01985/PAN) The Senior Planning Officer spoke to the terms of the report. The proposed peat extraction area is located to the immediate north of Port Ellen and bound to the east by the A846. The irregular shaped site extends approximately 3 kilometres to the north before extending eastwards into the southeastern quarter of Loch Nan Gabhar and eastwards again to the track serving to Kintra Farm. In term of the current adopted Local Development Plan (2015), the site is located within a designated Countryside Area, with some pockets of Rural Opportunity Area contained within it. The site is located approximately 1km to the west of the Laggan Bay Special Protection Area and SSSI. Port Ellen to the south of the site is designated as a main settlement area and contains the main town centre and Established Business and Industry Area. The site is also subject to the following known constraints: Surface and Riparian Flooding (REF: SEPA Flood Maps) (Parts of the site appear to be within 1:200 riparian flooding zones); Deep Peat (Dystrophic Blanket Peat Av depth 5.7m); and Safeguarding Zone 15 - Islay Airport (HIAL). The PAN describes the proposed development as “the harvesting of peat for use in the production of malt whisky in a manner that causes the least environmental impact, together with restoration of previously drained and worked areas within the site”. The report sets out the information submitted to date as part of the 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 requested that a step by step guidance note outlining the technical aspects of the extraction and restoration process alongside information on supply and demand of peat be submitted with the Planning Application. (Reference: Report by Head of Development and Economic Growth dated 1 December 2023, submitted) 11. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ2 2023/24 A report providing an update on the performance of the Development Management Service for the reporting period FQ2 2023/24 was considered. Decision The Committee agreed to note the content of the report. Page 28
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(Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 7 December 2023, submitted) 12. PLANNING PERFORMANCE FRAMEWORK 2022/23 A report containing recent feedback form the Scottish Government in relation to the Council’s Planning Performance Framework (PPF) for 2022/23 was considered. Decision The Committee agreed to note the content of the report and publicise the positive feedback from the Scottish Government. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 8 December 2023, submitted) 13. UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISIONS A report summarising recent decisions by Scottish Minsters in respect of planning application reference 19/01858/PP called in for determination, and the outcome of an appeal against refusal of an application for listed building consent reference 22/01847/LIB, 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 20 December 2023, submitted) 14. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI AND PRIVATE HIRE CAR SURVEY A report updating Members on the timescale for submitting the taxi survey report was before the Committee for information. Decision The Committee noted the updated position. (Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 20 December 2023, submitted) Page 29
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on TUESDAY, 16 JANUARY 2024 Present: Councillor Amanda Hampsey (Chair) Councillor John Armour Councillor Kieron Green Councillor Graham Hardie Councillor Mark Irvine Councillor Liz McCabe Councillor Dougie Philand Councillor Peter Wallace Attending: Stuart McLean, Committee Manager Fiona Macdonald, Solicitor James Crawford, Licensing Standards Officer Pamela Fraser, Licensing Team Leader Stuart Munro, Applicant’s Agent Elizabeth McAlpine, Applicant’s Agent Sergeant David Holmes, Police Scotland 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Jan Brown, Audrey Forrest, Daniel Hampsey and Andrew Kain. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 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 item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 3 and 14 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982, THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant’s Agents opted to proceed by way of video call and Stuart Munro and Elizabeth McAlpine joined the meeting by MS Teams. Police Scotland also opted to proceed by way of video call and Sergeant David Holmes joined the meeting by MS Teams. The Chair invited the Licensing Standards Officer to speak to the terms of the report. Thereafter the procedure set out in Appendix 6 of the report was followed and she invited the Applicant’s Agent to speak on behalf of the Applicant. Page 31 Agenda Item 3b
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APPLICANT’S AGENT Stuart Munro, on behalf of the Applicant, spoke in support of the application. QUESTIONS FROM POLICE Sergeant Holmes was given the opportunity to asking the Applicant’s Agent questions and he advised that he had no questions. POLICE SCOTLAND Sergeant Holmes read out the contents of a letter from the Divisional Commander dated 31 October 2023. QUESTIONS FROM APPLICANT’S AGENT Mr Munro took the opportunity to ask Sergeant Holmes questions. MEMBERS’ QUESTIONS The Members took the opportunity to ask the Applicant’s Agent and Police Scotland a number of questions. SUMMING UP Police Scotland Sergeant Holmes was given the opportunity to sum up and he advised that he had nothing further to add. Applicant’s Agent Mr Munro summed up on behalf of the Applicant When asked, both parties confirmed that they had received a fair hearing. DEBATE The Members debated the application before them. DECISION The Committee unanimously agreed to grant a Short-term Let Licence to the Applicant subject to the following conditions while the court case has still to be determined: 1. The Applicant will not be present in or around the licensed properties when they are being let out. 2. Bookings may not be made by anyone under the age of 18 years. 3. The Applicant should have no remote access to any CCTV at the licensed properties. Page 32
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It was noted that the Applicant would receive written confirmation of this within 7 days. (Reference: Report by Regulatory Services and Building Standards Manager, submitted) Page 33
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 24 January 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 TAXI SURVEY 1.0 EXECUTIVE SUMMARY 1.1 The purpose of this report is to provide information to members to enable them to consider whether they wish to commission a further survey in relation to whether there is unmet demand for taxis within the local authority area. 2.0 RECOMMENDATIONS 2.1 Members are asked to note the contents of this report. 2.2 Members are asked to consider whether they wish to (a) commission a new taxi survey to ascertain whether there is currently any significant unmet demand for taxis or (b) 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 where circumstances have changed to a material degree. 2.3 Members are asked to agree that no further survey be carried out in respect of private hire cars at this time as the last surveys concluded that there was not an over provision of private hire cars as a whole. Page 35 Agenda Item 4
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 24 January 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 TAXI CAR SURVEY 3.0 INTRODUCTION 3.1 The purpose of this report is to ask members whether they wish to commission a further survey in relation to whether there is unmet demand for taxis within the local authority area. 4.0 RECOMMENDATIONS 4.1 Members are asked to note the contents of this report. 4.2 Members are asked to consider whether they wish to (a) commission a new taxi survey to ascertain whether there is currently any significant unmet demand for taxis or (b) 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 where circumstances have changed to a material degree. 4.3 Members are asked to agree that no further survey be carried out in respect of private hire cars at this time as the last surveys concluded that there was not an over provision of private hire cars as a whole. 5.0 DETAILS 5.1 Section 10(3) of the Civic Government (Scotland) Act 1982 deals with taxi licences and provides that the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted if, but only if, they are satisfied that there is no significant demand for the services of taxis in their area which is unmet. 5.2 In carrying out this test to ascertain whether there is significant unmet demand in respect to the Bute and Cowal, Helensburgh and Lomond, Oban, Lorn and the Isles and Mid Argyll, Kintyre and Islay areas, the Planning, Protective Services and Licensing Committee currently refer to surveys carried out in 2019 in relation to those respective taxi zones. Page 36
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5.3 Members at their meeting on 18th October 2023 requested that Officers investigate whether or not it would be appropriate at this time to refresh the 2019 survey and bring back a report to the Committee before the end of the year to advise on the outcome of this investigation. 5.4 The Scottish Government in the most recent edition of their best practice guidance for local licensing authorities and taxi and private hire car operators on the licensing of taxis and private hire cars and their drivers issued on 31st May 2023 states the legal provision on quantity restrictions for taxis is set out in section 10(3) of the 1982 Act. This provides that: …the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted by them if, but only if, they are satisfied that there is no significant demand for the services of taxis in their area which is unmet. 5.53 Local licensing authorities will be aware that, in the event of a challenge to a decision to refuse a licence, the licensing authority concerned would be required to establish to the satisfaction of the court that it had first satisfied itself that there was no such significant unmet demand. 5.54 The Scottish Government is of the view that decisions as to the case for limiting taxi licences should remain a matter for licensing authorities in the light of local circumstances. Licensing authorities that presently restrict numbers of taxi licences are, however, encouraged to periodically review this policy and to examine the wider policy direction. 5.55 Licensing authorities in reviewing their policy with regard to quantity restrictions on taxi licences should consider whether any restriction presently in place should continue. The matter should be approached in terms of the interests of taxi users. What benefit is achieved for them by the continuation of controls and how might they benefit if the controls were removed? Is there evidence that removal of the controls would result in a clear and unambiguous deterioration in the amount or quality of taxi service provision? Authorities in assessing the case for quantity restrictions will wish also to have regard to the availability of an appropriate supply of accessible vehicles within the hire car fleet such as to meet the needs of passengers with a disability. 5.57 The Scottish Government agrees that the question of the restriction of licences should be left to the discretion of licensing authorities. However, there is a need for review of the frequency and component parts of the surveys used by licensing authorities to measure unmet demand. In regard to frequency, licensing authorities should carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of a court. The English guidance issued in 2010 refers to their policy being reviewed every 3 years. 5.5 Since publication of the respective surveys, carried out in 2019 there have not been any significant changes to circumstances, population or taxi numbers in any of the taxi zones. The numbers of licences held in each area and the number held at the commission of the survey in 2019 are as follows:- Page 37
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2023 Figures 2019 Figures Oban, Lorn and the Isles – 48 Oban, Lorn and the Isles - 52 Bute & Cowal – 54 Bute & Cowal - 57 Helensburgh & Lomond – 51 Helensburgh & Lomond - 48 Mid Argyll, Kintyre & Islay – 22 Mid Argyll, Kintyre & Islay - 23 TOTAL = 175 TOTAL = 180 There were 5 more licensed taxis in 2019 than at present. The variation in population recorded in the 2019 surveys (NRS 2017 Mid-Year Estimates) compared to the most up to date information is as follows:- 2021 Figures 2019 Figures Oban, Lorn and the Isles - 20,008 Oban, Lorn and the Isles – 19,996 Bute & Cowal – 20,346 Bute & Cowal – 20,473 Helensburgh & Lomond - 25, 834 Helensburgh & Lomond – 26,164 Mid Argyll, Kintyre & Islay – 20,032 Mid Argyll, Kintyre & Islay – 20,177 TOTAL = 86,220 TOTAL = 86,810 5.6 Members are requested to consider whether, in the current circumstances they wish to commission a further survey in relation to whether there is unmet demand for taxis within the local authority area. 5.7 It is not proposed that a further survey be carried out in respect of private hire cars as the last surveys concluded that there was not an over provision of private hire cars as a whole. 6. CONCLUSION 6.1 As the current survey is now 4 years old members may wish to consider commissioning a further survey / or members may wish 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. 7. IMPLICATIONS 7.1 Policy - No changes are proposed at this time. 7.2 Financial - The Council will need to fund the cost of a further survey. Page 38
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7.3 Legal - The Council require to comply with the terms of the Civic Government (Scotland) Act 1982. 7.4 HR – None 7.5. Fairer Scotland Duty: 7.5.1 Equalities – Protected Characteristics - None 7.5.2 Socio Economic Duty - None 7.5.3 Islands – None 7.6 Risks - There is a risk of challenge to any decision in relation to the granting of taxi licences. 7.7 Customer Service – None 7.8 Climate Change - None Douglas Hendry, Executive Director with responsibility for Legal and Regulatory Support Policy Lead: Councillor Kieron Green 12th December 2023 For further information contact: Sheila MacFadyen, telephone 01546 604265. Page 39
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 24 JANUARY 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - LICENSING FEES IN PREPARATION FOR LICENCE RENEWALS 1. EXECUTIVE SUMMARY 1.1 The purpose of this report is to update members on preparations for the renewal of licences granted under the Civic Government (Scotland) Act 1982, as well as inviting members to approve the revision of the respective fees and conditions which apply to these licences. 2. RECOMMENDATIONS 2.1 PPSL Members are asked to note and approve the contents of this report. 2.2 PPSL Members are asked to recommend to Council that fees for all Civic Government licences be increased as detailed in Appendix 1. 2.3 PPSL Members are asked to recommend to Council that licences currently subject to a fixed three year period and due for renewal in June 2024 continue to be granted on that basis. Page 41 Agenda Item 5
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1. SUMMARY 1.1 The purpose of this report is to advise members on various issues in relation to Civic Government Licensing. 1.2 Section 12 of the Civic Government (Scotland) Act 1982 provides that the Council must seek to ensure that fees it charges in respect of taxi and private hire car licences and applications are sufficient to meet the expenses it incurs in carrying out its functions in relation to those licences. Paragraph 15 of Schedule 1 to the 1982 Act also seeks to ensure that all fees received are sufficient to meet the Council’s expenses incurred in exercising their business under Part 1, Part 2 and Schedule 1 of the 1982 Act. Members are now invited to consider the issue of licence fees in anticipation of the new three year renewal period beginning in June 2024. 1.3 The majority of licences (approximately 500) fall due for renewal at the end of June 2024. This report details the position in relation to the renewals of those licences. 2. RECOMMENDATIONS 2.1 PPSL Members are asked to note and approve to note the contents of this report. 2.2 PPSL Members are asked to recommend to Council that fees for all Civic Government licences be increased as detailed in Appendix 1. 2.3 PPSL Members are asked to recommend to Council that licences currently subject to a fixed three year period and due for renewal in June 2024 continue to be granted on that basis. 3. LICENSING FEES 3.1 At the meeting of the PPSL Committee on 21st March 2018, it was agreed that licences continue to be granted for a three year period for the licences due for renewal in June 2018. It is proposed that this continues in line with ongoing three yearly renewals. ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 24 JANUARY 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - LICENSING FEES IN PREPARATION FOR LICENCE RENEWALS Page 42
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3.2 As the June 2024 renewal period is approaching, a proposed list of fees are contained in Appendix 1. These proposed new fees represent a 5 to 6.91% year on year increase in line with salary increases from 2021 on all of the fees currently charged. This increase is proposed as Civic Government Licensing Fees have not risen since June 2021, and any new fees will be set until June 2027. A review of the net cost of the licensing function has also confirmed that the increase is required to ensure this element is cost neutral. Members are invited to approve the proposed list of new fees. 3.3 It should be noted that taxi driver licences, private hire car driver licenses, booking office licenses and skin piercing and tattoo operator licenses do not fall within the fixed three year renewal period but are granted for a period of three years from the date of grant of the licence. 4. PREPARATION FOR LICENCE RENEWALS 4.1 It is proposed that reminder letters will be issued to all licence holders once the application fees have been confirmed. Licence holders will be asked to lodge their applications for renewal as soon as possible. A copy of the reminder letter is attached as Appendix 2. Applications will be dealt with in the order that they are received. 4.2 Applicants will be advised of the provisions of Paragraph 8 of Schedule 1 to the 1982 Act which provides that if an application is made for the renewal of a licence before its expiry, the existing licence shall continue to have effect until the application for renewal has been determined. 4.3 Consultation will take place with Police Scotland and Environmental Services in relation to the renewal process. 4.4 Members should note that it is intended to utilise staff who have had previous experience of Civic Government Licensing to assist in the renewal process. 4.5 Applications for renewal of licences are not advertised at the Area Offices. There is still however the 28 day period where objections/representations can be lodged and no application for renewal can be granted prior to the expiry of that period. Therefore, if an application for renewal is received on the 30th June 2024, the earliest possible date that it can be dealt with is 29th July 2024 if all the paperwork has been provided by the applicant, no objections/representations have been made and all relevant responses have been received. 4.6 All applications are inserted in a register which is available online for public inspection. By virtue of Paragraph 14 of Schedule 1 to the 1982 Act, the Licensing Authority requires to keep a register of Page 43
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all applicants for licences under the Act. It also requires that as soon as reasonably practicable after the receipt of each application, details of such receipt and details of the final decision of each application may be entered into the register. 4.7 The register must include a note of the type and terms of each licence granted by the Licensing Authority; and a note of any suspension, variation of terms or surrender of a licence. 4.8 The register requires to be open for public inspection at such reasonable times and places as may be determined by the Licensing Authority. The register for Argyll and Bute has been maintained online since 1st April 2015. 4.9 The application forms for all Civic Government licences will also be amended to include a statement which advises the applicant of the Council’s participation in the National Fraud Initiative and that information about licences granted will be shared with other agencies for the purpose of preventing fraud. 4.10 Furthermore, the privacy statement on all application forms has been reviewed and revised by Council officers in light of the new General Data Protection Regulation (GDPR) regulations. 5. CONCLUSIONS 5.1 Once the new licensing fees have been approved the renewal notices will be issued. 5.2 Continuing with the three year renewal period is fair to all licence holders. Issuing reminder letters to current licence holders advising of the status of their existing licence during the period their application is being dealt with will clarify the position. 6. IMPLICATIONS 6.1 6.2 6.3 6.4 6.5. Policy: No changes are proposed at this time. Financial: Financial implication are set out in the report. Legal: The Council will require to implement any legislative changes set out in the report as and when they come into force. HR: None. Fairer Scotland Duty: 6.5.1 Equalities: None. 6.5.2 Socio-economic duty: None. Page 44
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6.6 6.7 6.8 6.5.3 Islands: None. Risk: Climate Change: None None Customer Service: None. APPENDICES 1. List of Proposed Changes to Licence Fees 2. Standard Letter to Licence Holders for Licence Renewals Executive Director: Douglas Hendry, with responsibility for Legal & Regulatory Support Policy Lead: Councillor Kieron Green David Logan Head of Legal & Regulatory Support 6th December 2023 For further information contact: Margaret Moncur Appendix 1 – List of Proposed Fees from 1 April 2024 Appendix 2 - Reminder Letter Page 45
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APPENDIX 1 – from 1st April 2024 LIST OF PROPOSED FEES TYPE OF LICENCE EXISTING PROPOSED 1 Second Hand Dealer (3 Years) £452 £533 2 Second Hand Motor Dealer (3 Years) £524 £617 3 Metal Dealer/Itinerant Metal Dealer Permanent (3 Years) £524 £617 Temporary exemption warrant £149 £176 4 Street Trader Commercial (3 Years) £275 £324 Volunteer/Charity (1 year licence) £90 £107 5 Market Operator Commercial (3 Years) £524 £617 Temporary (voluntary/charitable organisation holding one event per year) £173 £205 6 Public Entertainment Permanent (3 Years) £524 £617 Temporary (1 year licence) £149 £176 7 Late Hours Catering (3 Years) £524 £617 8 Window Cleaner (3 Years) £275 £324 9 Boat Hirer (3 Years) £275 £324 10 Taxi Operator (3 Years) £452 £533 11 Private Hire Car Operator (3 Years) £452 £533 12 Taxi Driver (3 years from date issued) £113 £133 13 Private Hire Car Driver (3 years from date issued) £113 £133 14 Booking Office (3 years from date issued) £125 £147 15 Knife Dealer (3 Years) £524 £617 16 Skin Piercing & Tattoo Operator (3 years from date issued) (Premises occupied by Licensee) £311 £368 (Premises under control of others) £250 £295 17 Temporary Exemption Warrant (Metal Dealer) £149 £175 18 Amendment to Licence £77 £91 19 Substitution of Taxi/Private Hire Licence (Processed within 5 working days) £66 £78 (Processed same day) £90 £107 20 Certified Copy Licence £41 £48 21 Re-Issue of a Plate £41 £48 22 Re-Issue of a Badge £41 £48 23 Extract of Civic Government Register £36 £43 24 Copy of Civic Government Register (per licence type) £90 £107 25 Vehicle inspection fee (per inspection note 50% surcharge will be applied for re-inspection/appointment no show ) £80 £95 26 Vehicle inspection surcharge (Covid 19 defog process) DELETED NO LONGER REQUIRED £12.50 N/A Page 47
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Argyll and Bute Council Comhairle Earra Ghàidheal agus Bhòid Executive Director: Douglas Hendry Dear Sir/Madam, CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – RENEWAL OF A LICENCE I note from my records that your licence is due for renewal on 30 June 2024. I therefore enclose the appropriate application form. Please arrange for the completed form, with the necessary supporting documents and the application fee to be returned prior to 30 June 2024. This can be done in the following ways: 1. By post to the Licensing Section, Legal & Regulatory Support, Argyll & Bute Council, Kilmory, Lochgilphead, PA31 8RT. 2. In person at any one of the following offices (opening hours Monday to Friday 9am to 12pm): Burnet Building, St John Street, Campbeltown Ellis Lodge, 5 Argyll Road, Dunoon Helensburgh & Lomond Civic Centre, 38 East Clyde Street, Helensburgh Kilmory, Lochgilphead Municipal Buildings, Albany Street, Oban 37 Victoria Street, Rothesay Breadalbane Street, Tobermory, Isle of Mull Tiree Business Centre, Crossapol, Isle of Tiree Islay Servicepoint, Jamieson Street, Bowmore, Islay 3. By submitting your application online. This can be done by visiting the Council’s website at www.argyll-bute.gov.uk and going to the ‘Law and Licensing’ section. Please note, that in the case of online submissions, some supporting documentation can be uploaded. Licensees are asked to lodge applications as soon as possible to assist with the efficient processing of applications. I would advise that in terms of the Civic Government (Scotland) Act 1982, provided an application for renewal of a licence is made before it expires, the existing licence continues to have effect until the Legal & Regulatory Support Kilmory, Lochgilphead PA31 8RT Tel: 01546 604128 Fax: 01546 604373 DX No: 599700 LOCHGILPHEAD e-mail: licensing@argyll-bute.gov.uk Website: www.argyll-bute.gov.uk Our Ref: [XXXX] Date: [as postmark] Appendix 2 Page 49
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licence is renewed or granted or an appeal against the refusal of the application has been either abandoned or determined. I would also advise that all competent applications will take a minimum of 35 days to process from submission as there is a 28 day period in terms of the 1982 Act during which objections or representations may be made, and during which no application can therefore be granted. Any application received after 30 June 2023 cannot be dealt with by way of renewal unless good cause is shown in which case a licensing authority may deem an application made up to 28 days after the expiry date of the licence to be an application made before the expiry of said licence. It is likely that good cause could only arise in circumstances which were beyond the control of the applicant. I would advise that you require to display the enclosed notice duly completed for a period of 21 days from the date that you submit your application to the Council at or near the premises/site so that it can be conveniently read by the public. Once the notice has been displayed for the 21 days you must complete the enclosed Certificate of Compliance and return it to the Licensing Section. Please note that your application cannot be finally dealt with until this certificate has been received. If you have any queries in relation to the renewal process please email licensing@argyll-bute.gov.uk or phone 01546 604128. I look forward to receiving your application and would thank you in advance for your assistance in lodging your application as early as possible. Yours faithfully, DAVID LOGAN Head of Legal & Regulatory Support Page 50
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 24th January 2024 OBAN AND HELENSBURGH STRATEGIC DEVELOPMENT FRAMEWORKS 1.0 EXECUTIVE SUMMARY 1.1 The Argyll and Bute Outcome Improvement Plan and LDP2 aim to reverse population decline and promote economically driven growth across Argyll and Bute. Notwithstanding many strengths and opportunities throughout Argyll and Bute, the only two areas that can potentially deliver and sustain growth of any significant size, particularly in terms of population are Oban and its hinterland, and Helensburgh & Lomond. 1.2 Oban is a Main Town within the Tobermory to Dalmally Growth Corridor having a range of facilities, services and shops that support a strong hinterland including a number of Key Rural Settlements. However, it is becoming increasingly physically constrained and nearing its topographical capacity for growth 1.3 Helensburgh and Lomond enjoys proximity and connectivity with the central belt and the development of HMNB Clyde is increasing the naval staff by 1700 and their families, and brings further associated civilian population. However growth of the area is restricted by the Green Belt designation which was designed to contain the settlements. 1.4 To achieve strategic growth within both these areas; LDP2 identifies commitments to produce Strategic Development Frameworks which will plan for future development over a 20-40 year time period. Production of these is a complex task, but is essential to delivering planned infrastructure investment, land release, and the resultant growth. It will also be a key part of addressing the housing emergency. 1.5 The report outlines the preliminary progress to date in developing the Frameworks, and that a resource request is being made to Policy and Resource Committee to drive forward these tasks. Officers will report future progress regularly to PPSL, and will engage with all Members at appropriate stages of the process. 1.6 RECOMMENDATIONS It is recommended that PPSL 1: note the contents of the paper, Page 51 Agenda Item 6
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2: endorse the resource requests to be made to Policy and Resources Committee to assist in driving forward the Strategic Development Frameworks. Page 52
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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 24th January 2024 OBAN AND HELENSBURGH STRATEGIC DEVELOPMENT FRAMEWORKS 2.0 INTRODUCTION 2.1 Two areas within Argyll and Bute that can potentially deliver and sustain growth of any significant size, particularly in terms of population are Oban and its hinterland, and Helensburgh & Lomond. LDP2 identifies commitments to produce Strategic Development Frameworks for both these areas. This paper updates the committee on progress to achieving this. 3.0 RECOMMENDATIONS 3.1 It is recommended that PPSL 1: note the contents of the paper, 2: endorse the resource requests to be made to Policy and Resources Committee to assist in driving forward the Strategic Development Frameworks. 4.0 DETAIL 4.1 The overall objective of the Argyll and Bute Outcome Improvement Plan is that Argyll and Bute’s economic success is built on a growing population. LDP2 sets out a spatial strategy which supports this objective and seeks to reverse population decline and promote economically driven growth across Argyll and Bute. 4.2 Notwithstanding many strengths and opportunities throughout Argyll and Bute, the only two areas that can potentially deliver and sustain growth of any significant size, particularly in terms of population are Oban and its hinterland, and Helensburgh & Lomond. Oban 4.3 Local Development Plan 2 identifies the position of Oban as a Main Town within the Tobermory to Dalmally Growth Corridor highlighting its range of facilities, services and shops that support a strong hinterland including a number of Key Rural Settlements. However, it also sets out that the town is becoming increasingly physically constrained and nearing its topographical capacity for growth. LDP2 Page 53
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identifies that growth could potentially be achieved through rationalisation and restructuring within the town as well as within the wider Growth Corridor through significant investment in road infrastructure and a partnership approach across a range of stakeholders. 4.4 National Planning Framework 4 (NPF4) recognises the role of the Growth Corridor in identifying areas for future growth and identifies the role Oban plays in providing lifeline links to the islands as well as services to its wider hinterlands. It recognises its position as a developing university town with the European Marine Science Park providing local economic and educational opportunities. Also recognised are opportunities for new infrastructure and repurposing of land to help shift industrial activity towards supporting the off shore renewable sector as well as the connectivity role played by the airport and opportunities there for investment in compliance operations and future drone technology. Helensburgh 4.5 Local Development Plan 2 identifies Helensburgh and Lomond as a growth area in the spatial strategy. It identifies the development of HMNB Clyde as the UK’s single submarine base and resultant increase in around 1700 naval staff and their families as well as the associated opportunities in civilian construction projects and supply chain, servicing and support businesses. LDP2 also identifies the proximity and connectivity of the area to Glasgow and the central belt coupled with its high quality environment as an attractive location for commuters and growth in tourism. 4.6 However, it also recognises that opportunities for sustainable growth are potentially limited by the green belt which was established to contain the expansion of settlements and retain their landscape setting and that it is anticipated that the green belt will come under pressure in the future as the population and employment opportunities increase. 4.7 LDP2 sets out that whilst an immediate review of the green belt is not required, due to there being sufficient development identified within the plan, there is a need to consider how Helensburgh and Lomond can develop over a 20-40 year period in order to plan for investment and infrastructure considered alongside the need to review the green belt. Strategic Development Frameworks 4.8 To achieve strategic growth within both these areas; LDP2 identifies commitments to produce strategic development frameworks for each as below: LDP2 Proposal A – Oban Strategic Development Framework (OSDF) “The Council will take forward a Strategic Development Framework for the wider Oban area working with stakeholders including communities, key agencies, infrastructure providers, landowners, the Scottish Government, housing associations Page 54
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and the private sector to deliver a co-ordinated approach to: the rationalisation of existing land uses, improved traffic management and parking (including potential for park and ride), identification of new development opportunities for housing and economic uses, development of the Strategic Transport Hub, investigation of development potential and improvements to network resilience associated with the strategic road and rail network, including the possibility of the Oban Development Road and the consented Dunbeg Half-Way Roundabout, in order to realise the full potential of this strategically important area.” LDP2 Proposal B – Helensburgh Strategic Development Framework (HSDF) “Argyll and Bute Council propose to carry out a review of the Helensburgh and Lomond Green Belt boundaries through a Strategic Development Framework, to provide a framework for the provision of infrastructure and future development, whilst recognising and safeguarding the key environmental features of the Green Belt, the landscape setting of settlements forming part of the Cardross – Helensburgh – Garelochhead corridor, and the contribution which the green network around these communities can make to providing for sustainable development.” 4.9 This ‘Strategic Development Framework’ approach is recognised as an appropriate way to promote long term growth by the LDP2 Scottish Government Reporters and NPF4 now also reflects this approach supporting planned population growth in a growth corridor from Tobermory to Oban and on to Dalmally and a general infrastructure first approach. 4.10 The two Strategic Development Frameworks will be crucial bedrocks for LDP3 and will be required to feed in to the Evidence Report which will be part on the new style process for LDP production. 4.11 Although long term, both frameworks are key to addressing the housing emergency, as they are the only things that can lead to planned housing development at scale. Both areas are the places of greatest housing demand, and there are likely to be pressures on the supply of housing land within the medium term. 4.12 Draft and preliminary scoping work has already started and is ongoing. Initial analysis of housing needs and demand assessment has been carried out to generate different growth scenarios for the period of consideration. A desk top land scoping exercise has been carried out to identify theoretical growth areas which will require assessment. An initial identification of known constraints and characteristics has been initiated. This work is in draft and high level to date. Page 55
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OSDF Stage 1 Identification of broad areas of land Presentation of initial opportunities and constraints Engagement Stage 1 Key Agencies, infrastructure providers, Council officers, local Councillors, landowners, community groups. OSDF Stage 2 Identification and publication of preferred options for locations for long term strategic growth. Engagement Stage 2 Public engagement - preferred options OSDF Stage 3 Consideration of all Stage 1 & 2 engagement responses. Selection and publication of identified option(s) as final OSDF Identification of related wider actions and opportunities. Publication of Action Programme. Page 56
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4.13 Production of the Strategic Development Frameworks is a complex tax, and will predominantly need to adhere to a land use planning structure, as indicated in the table above, supported by necessary transport and landscape assessment, with an iterative process of site identification, consultation, refinement of proposals and solutions, and further identification. Ultimately a settled proposal will need further consultation, support of the Council, and assessment by Scottish Government, before it can be incorporated into the next LDP3. In addition delivery will need to be considered and the OSDF & HSDF should be accompanied by an action programme for delivery which might include: land acquisition, further ground investigation, funding identification, more detailed masterplanning, etc... 4.14 In terms of timescale, there is an immediate priority to develop this work even though the outcomes identified will be delivered in the medium term. Ultimately, for the OSDF & HSDF to have maximum influence and leverage on investment, it will be necessary for it to be incorporated into the next LDP which will be LDP3. The aim would be to adopt LDP3 within five years. Adequate resourcing of the OSDF & HSDF will be of significant importance to delivering within this timescale. Subject to more detailed project scoping and planning, it is estimated that if fully funded with consultancy support it would be possible to produce the OSDF & HSDF in a 2-3 year time frame. A separate report is being presented to Policy and Resources Committee to request funding from the Council’s Priorities Budget. Officers will report progress regularly to PPSL, and will engage with all Members at appropriate stages of the process. OTHER AREAS 4.15 It is important to note that whilst this report focuses on Oban and Helensburgh, LDP2 provides a comprehensive growth and development strategy for the whole of Argyll and Bute, focusing growth where possible on the Main Towns of Campbeltown, Dunoon, Helensburgh, Lochgilphead, Oban and Rothesay. The plan also seeks to deliver a more flexible approach to development within the Countryside where appropriate. Additional but smaller Strategic Development Frameworks are identified for Bowmore and Tobermory. Strategic Masterplan Areas are identified in Inveraray, Lochgilphead, Tobermory and Port Ellen. Areas for Action promoting regeneration include Rothesay, Dunoon, Port Bannatyne and Tarbert. 5.0 CONCLUSION 5.1 LDP2 identifies Oban and Helensburgh as the centre of two areas with greatest potential to deliver growth at a strategic scale which will help to reverse population decline. To deliver this LDP2 identifies the need to produce Strategic Development Frameworks for both areas. Theses Frameworks will underpin the identification and release of land and infrastructure, and will form the bedrock of LDP3. Moreover they will be key elements to addressing the recently identified Housing emergency in the medium term. Production of these Frameworks is a priority for the Council, and funding to resource this is being requested at the Policy and resources Committee. Page 57
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6.0 IMPLICATIONS 6.1 Policy – None as a result of this paper 6.2 Financial – A linked paper making a request for resourcing is being taken to P&R Committee requesting funds from the Council’s Priorities Fund. 6.3 Legal – None as a result of this paper. 6.4 HR - None 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics - None 6.5.2 Socio-economic Duty - None 6.5.3 Islands - None 6.6 Climate Change – None 6.7 Risk – None at this moment 6.8 Customer Service - None Kirsty Flanagan, Executive Director with responsibility for Development and Economic Growth Policy Lead Cllr Green 24th January 2024 For further information contact: Matt Mulderrig matt.mulderrig@argyll-bute.gov.uk Page 58