Printed minutes
Argyll and Bute Council · 20 January 2025
Back to Argyll and Bute Local Review Body — 20 January 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 MS TEAMS on MONDAY, 20 JANUARY 2025 Present: Councillor Gordon Blair (Chair) Councillor Daniel Hampsey Councillor Mark Irvine Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser) Emma Ledsom, Solicitor Fiona McCallum, Committee Services Officer (Minutes) 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: KELLAN, GLENMORE ROAD, OBAN, PA34 4NB (REF: 24/0010/LRB) The Chair, Councillor Gordon Blair, 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 further information requested from the Planning and Roads Officers at the previous meeting 4 November 2024, along with comments from the Applicant’s Agent, which were contained within the Agenda pack for today’s meeting. He 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. All the Members confirmed that they had sufficient information to come to a decision on the Review. Councillor Blair advised that he had prepared a Motion for consideration and before presenting this he sought comments from the other Members. Councillor Irvine advised that having read the information circulated with the current Agenda pack he said that the solution most comfortable for him would be to widen the carriageway. He noted the discussions held at the previous meeting regarding whether to widen the carriageway, or construct a foot path, or do both, and he advised that he felt that doing both would present an unfair burden on the Applicant. He said that he believed widening the carriageway would be enough to alleviate issues. Councillor Hampsey agreed that he was also minded to support the widening of the carriageway. He said he felt this was the most appropriate and best way forward. Councillor Blair advised that he did not think it would be necessary to construct a foot path as he had noted that due to the nature of the road it was mainly residents that walked up and down it with the access route to the view point used by walkers being further down the road.
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Motion Having considered all the information submitted in regard to this application, I am of the opinion that the widening of the road is sufficient to reduce the potential concerns highlighted by the roads department in regard to road safety at this location to an acceptable level and move that the application for planning permission in principle can be approved as a minor departure from Policies NPF4 Policy 13(g) and Policy 36 and Policy 41 of LDP2 subject to the conditions and reasons detailed at pages 12 to 16 of the pack for today’s meeting. The foregoing Motion was moved by Councillor Blair and unanimously supported by Councillor Hampsey and Councillor Irvine. DECISION The Argyll and Bute Local Review Body, having considered the merits of the case de novo, unanimously agreed to grant planning permission in principle as a minor departure from policy, 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 and 9 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. PPP – Approved Details The development shall be implemented in accordance with the details specified on the application form dated 14.06.2024 and the approved drawings listed in the table below. Plan Title. Plan Ref. No. Version Date Received Site Plan Scheme Design 2216 01 C 06.07.2024 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Note to Applicant
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• Regard should be had to the consultation comments submitted by Scottish Water details of which are published on the planning application file and are available to view via the Public Access section of the Council’s website. 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 – Design and Finishes Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the dwellinghouse has been submitted to and approved by the Planning Authority. These details shall incorporate: i) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii) Single or one and a half storey in height; iv) Windows with a vertical emphasis; v) Finished in palette of muted finishing materials which could include render, natural stone, timber or a mixture of these finishes; vi) Have a roof pitch between 37 and 42 degrees finished in natural slate or good quality artificial slate; vii) Details of finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site, along with details of the existing and proposed site levels shown in the form of sectional drawings/contour plans/site level survey, or a combination of these. viii) Details of an area within the application site for the placement of refuse/recycling bins. 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 surroundings. 5. PPP – Roads, Access and Parking Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: • Construction of the access at the junction with the public road in accordance with the Council’s Roads Standard Detail Drawing SD 08/002 Revision B; to be formed
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with a 6 metre radii, 90 degrees from the public road, surfaced with bituminous material at least 2m back from road edge with 125 x 150mm precast concrete bullnose kerb with 20mm water check to be laid across the access with visibility splays measuring 2.4 metres to point X by 25 metres to point Y from the centre line of the junction; • The provision of parking and turning in accordance with the requirements of Policy 40 and the Car Parking Standards of the adopted ‘Argyll and Bute Local Development Plan 2’ 2024. Prior to work starting on site, the approved scheme of works in respect of junction layout 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 junction 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. The approved parking and turning layout 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 interests of road safety. Note to Applicant: • A Roads Opening Permit (S56) will be required for the proposed access construction. • No walls, fences, hedges etc. greater than 1 metre in height will be permitted within 2 metres from the channel line of the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. • Footways will be part of the adopted road corridor and maintained by the roads authority. 6. PPP – Road Widening Pursuant to Condition 1, no development shall commence until plans and particulars for the widening of the existing carriageway (UC53 Glenmore Road) along the length of the applicant’s landholding have been submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Authority. Such details shall incorporate: • Widening the carriageway to be 5.5 metres in width. Reason: In the interests of road safety. Note to Applicant: • The bellmouth access will be maintained by the roads authority to the front face of the bullnose kerb.
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7. PP - Electric Vehicle Charging – Residential with off street parking Pursuant to Condition 1, no development shall commence until a scheme detailing the provision of a minimum 7kw electric vehicle charging point is submitted to and approved in writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be detailed. The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the Planning Authority Reason: To comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 8. PPP – Details of New Private Foul Drainage System Pursuant to Condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development. Reason: To ensure that an adequate means of foul drainage is available to serve the development. Note to Applicant: • Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA. 9. PPP - Landscaping and Biodiversity Enhancement 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;
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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. (Reference: Further Information from Roads Officer and Planning Officer and comments from Applicant’s Agent, submitted)