Printed minutes
Argyll and Bute Council · 2 June 2025
Back to Argyll and Bute Local Review Body — 2 June 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT TEAMS on MONDAY, 2 JUNE 2025 Present: Councillor Kieron Green (Chair) Councillor Amanda Hampsey Councillor Peter Wallace Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser) Fiona McCallum, Committee Services Officer (Minute) 1. APOLOGIES FOR ABSENCE There were no apologies for absence. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CONSIDER NOTICE OF REVIEW REQUEST: VACANT LAND NORTH WEST OF FINNART FARMHOUSE, FEUINS ROAD, PORTINCAPLE (REF: 24/0017/LRB) The Chair, Councillor Kieron Green, welcomed everyone to the meeting. He explained that no person present would be entitled to speak other than the Members of the Local Review Body (LRB) and Mr Jackson, who would provide procedural advice if required. He referred to the previous meeting held on 25 November 2024 when it was agreed to request an up-to-date Traffic Survey be carried out by the Applicant. This was subsequently carried out over an 8 day period between 23 January to 30 January 2025 and a copy of this was contained within the Agenda pack for today’s meeting. Further information was also requested the Roads Officer and an amended condition 2 from the Planning Officer, if deemed appropriate. This information was also contained within the Agenda pack for today’s meeting. The Chair advised that his first task would be to establish if the Members of the LRB felt that they had sufficient information before them to come to a decision on the Review and it was confirmed by all Members that they had sufficient information before them. Councillor Wallace advised that he had noted that the updated Traffic Survey from the Applicant and the recommended amended Condition 2 from the Planning Officer supported the reduction in visibility splay. Councillor Hampsey also noted this position. Councillor Green referred to the advice from the Roads Officer that as the new survey showed average speeds to be 30 mph or less, an amended visibility splay was appropriate and therefore he saw no reason for the LRB not to agree to accept the amended Condition 2. This view was supported by the other Members of the LRB.
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Decision The Argyll and Bute Local Review Body, having considered the merits of the case de novo, supported the amendment to Condition 2 of planning consent reference 21/00908/PP and agreed planning permission be granted subject to following conditions: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. The development shall be implemented in accordance with the details specified on the application form dated 23.04.2021, 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 Proposed Site Plan 11.010.02B 18.05.2021 Proposed Plans and Elevations 11.010.03A 18.05.2021 Site Plan/Visibility Splay/Outfall Pipe 11.010.04A 18.05.2021 Location Plan 11.010.05 18.05.2021 Site Layout Plan 11.010.07 18.05.2021 Gable to Road Elevation 11.010.08 18.05.2021 Elevations to Existing Ground 11.010.09 18.05.2021 Elevations/Section Ground Level Highlighted 11.010.10A 18.05.2021 Proposed Drainage Layout GD01 B 18.05.2021 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council's Roads Standard Detail Drawing SD 08/004 Rev a. and visibility splays of 42 metres x 2.4 metres. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. 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.
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3. Notwithstanding the provisions of Condition 1, no development shall commence until full details of the layout and surfacing of a parking and turning area to accommodate 2 vehicles within the application site have been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the of the aforementioned Schedule, as summarised below: ART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.
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PART 2: SUNDRY MINOR OPERATIONS Class 8: Formation of means of access to an unclassified road. Class 9: Stone cleaning or painting of the exterior of a building. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 5. 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) Location, design and materials of proposed walls, fences and gates; (ii) Surface treatment of proposed means of access and hardstanding areas; (iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; (iv) Proposed hard and soft landscape works; (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. The development shall not be occupied until such time as the boundary treatment, 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. 6 No development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided in writing to the Planning Authority before commencement of development. Reason: To ensure that the development is adequately served by a public water supply. 7. Pursuant to Condition 1. – no development shall commence until details of the proposed timescale for completion of the approved development have been submitted
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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. ADDITIONAL NOTES TO APPLICANT • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. • Vehicle Parking Provision - Parking and onsite turning provision will be required within the boundary of the development. - 1.5 spaces per 1 bedroom unit - 2 spaces per 2-3 bedroom unit - 3 spaces per 4 or more bedroom Unit • Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements to be installed, subject to compliance with Water Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area, then they should write to the Customer Connections department. • Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. • The proposed development occupies the outer explosive safeguarding zone, the vulnerable building distance, surrounding Defence Munitions Coulport. In view of the location of the development in relation to the Safeguarded arcs and the potential hazard to people both inside the building and outside, MOD – DIO would strongly recommend that the following glass specification is used in accordance with traditional blast hazard mitigation measures: o 4mm thick or 6mm thick Toughened glass to the outer pane o Cavity (no 'blast' requirements on thickness) o At least 6.8mm thick Laminated glass with a PVB interlayer to the inner pane o Thicker panes of laminated glass are also acceptable provided they contain a PVB interlayer thickness of at least 0.76mm. The above glass specification is in line with the requirements of Defence Ordnance, Munitions & Explosives Safety Regulator (DOSR) Regulation DSA 03 - OME Part 2 (Formerly JSP 482) - In-Service and Operational Safety Management of OME, Chapter 6 (Buildings associated with military explosives). Please see link below for details.
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https://www.gov.uk/government/publications/dsa03-ome-part-2-in-service-and- operational-safety-management-of-ome MOD-DIO recommend an enhanced glazing specification and robust steel, aluminium or timber frames would be preferred. If uPVC frames are used, they can be improved in terms of their hazard mitigation by the use of double- sided security tape to secure the glass into the frames so we would recommend the use of this if uPVC frames are used. (Reference: Further Information from Applicant, Planning Officer and Roads Officer, submitted)