Printed minutes
Argyll and Bute Council · 18 November 2024
Back to Argyll and Bute Local Review Body — 18 November 2024 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, 18 NOVEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor Audrey Forrest Councillor Dougie Philand Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser) 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: LAND NORTH OF PENMORE MILL, PENMORE, DERVAIG, ISLE OF MULL (REF: 20/0001/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. Councillor Green referred to the previous meeting when it was agreed to request further information from the Applicant and to request the Planning Officer to assess this further information against the policies of LDP 2 and NPF 4 and any other relevant policies. He pointed out that this information was now before the LRB for consideration and 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. The Members of the LRB all agreed that they had sufficient information before them. Councillor Forrest advised that having read the paperwork in the Agenda pack she noted that it had been suggested by the Planning Officer that planning permission be granted and she thought that the LRB should go ahead and do that. Councillor Philand agreed. He commented on the very comprehensive paperwork submitted and said he would support the Planning Officer’s recommendation to grant planning permission. Councillor Green advised that having read all the paperwork he noted the comments from the previous LRB Members that this development could be supported by the policies of LDP2 but not by the LDP in place at that time, and it was their decision to hold the case in abeyance until LDP2 was in place. Now that LDP2 was in place, and the view from the Planning Officer, in his report dated 8 October 2024, was that the overall development was consistent with the relevant provisions of the Development Plan, which comprised NPF4 and LDP2, Councillor Green confirmed, he concurred with both Councillors Forrest and Philand, and moved that
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planning permission be granted subject to the conditions and reasons recommended by the Planning Officer in his report. Decision The Argyll and Bute Local Review Body, having considered the merits of the case de novo, unanimously 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 PP - Approved Details & Standard Notes – Non EIA Development 1. The development shall be implemented in accordance with the details specified on the application form dated 15/08/19, 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 Site and Location Plan As Proposed 605(L)001 16/08/19 Ground and First Floor Plan and Elevations as Proposed 605(L)002 16/08/19 Additional Information 605(L)003 16/08/19 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP – Timescale to be Agreed for Completion Notwithstanding the effect of 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. 3. PP – Junction with Public Road Notwithstanding the effect of Condition 1, the proposed access at the junction with the public road shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a and visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. 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
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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. Note 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. • No walls, fences, hedges etc. will be permitted within 2 metre from the channel line of the public road. 4. PP - Parking and Turning Further Details Required 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 3 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. 5. PP - Electric Vehicle Charging – Residential with Off Street Parking Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), a scheme detailing the provision of a minimum 7kw electric vehicle charging point shall be 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 installed. 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. 6. PP - Sustainable Drainage System Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.
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Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk. 7. PP – Landscaping/Boundary Treatment/Biodiversity Enhancement Notwithstanding the effect of Condition 1, no development shall commence until the detailed landscaping arrangements within the development have 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) 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 implemented and maintained for the lifetime of the development. 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. 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 and the development shall not be occupied until such time as the physical biodiversity enhancement measures have been completed. 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. 8. PP – Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The
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appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 9. PP – Residential Outbuilding Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the detached workshop/pool building hereby permitted shall be used for purposes incidental to the main dwellinghouse and shall not be occupied independently thereof as a separate dwelling unit or as a short term holiday let or otherwise for any commercial purposes. Reason: To protect the amenity of the area and to define the permission on the basis of the Planning Authority’s assessment of the use applied for. (Reference: Further Information from Applicant and report by Planning Officer dated 8 October 2024, submitted)