Printed minutes
Argyll and Bute Council · 23 September 2024
Back to Argyll and Bute Local Review Body — 23 September 2024 and its agenda
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT TEAMS on MONDAY, 23 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor Daniel Hampsey Councillor Liz McCabe Attending: Emma Ledsom, Senior Solicitor (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: CRAIGARD TEAROOM IV, 81 WEST CLYDE STREET, HELENSBURGH, G84 8BB (REF: 24/0013/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 Ms Ledsom, who would provide procedural advice if required. 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 of the LRB confirmed that they would not require any further information. Councillor McCabe referred to her own experience of owning a business which served light lunches and baking and the equipment she had to install to address any impact on the amenity of neighbours. She commented that she was not sure why the Applicant would be looking to open as late as 9 pm if only offering light lunches and baking. She noted that the Applicant was looking to offer baking classes and advised that she was not sure how these could be run with only one oven on the premises Councillor Hampsey said that he had similar thoughts to Councillor McCabe. He referred to concerns raised about the potential for noise and smells and noted that these had been addressed in the conditions. Councillor Green advised that from the information provided it appeared that the proposed opening hours were discussed during the planning application process and that the Applicant had indicated that they wanted to open between the hours of 11 am and 4 pm. He noted that Planning Officers had attached a condition to the planning consent that the opening hours be from 8 am to 6 pm. He said that this appeared to give leeway either side of the proposed business hours so, on that basis, he was minded to agree with the Planning Officer’s conclusion on that Councillors McCabe and Hampsey confirmed that they agreed with the conclusion reached by Councillor Green.
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Councillor Green moved refusal of the request to amend the opening hours set out in condition 2 of planning permission reference 24/00570/PP and this was supported by Councillors Hampsey and McCabe. Decision The Argyll and Bute Local Review Body, having considered the merits of the case de novo, unanimously agreed to refuse the request to amend the opening hours of the premises and that planning application reference 24/00570/PP be granted subject to the following conditions and reasons as per the original consent granted by Planning Officers under delegated powers: Standard Time Limited Condition: This development to which this permission relates must be begun not later than three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997. Standard Soils Management Condition: Where the development involves ground breaking works, soil management should be undertaken in compliance with the established best practice set out in the DEFRA publication “Construction Code of Practice for Sustainable Use of Soils on Construction Sites 2009”, unless alternative methodology for sustainable management of soil is submitted to and approved in writing by the Planning Authority. Reason: In order to ensure that sustainable management of soils and compliance with the requirements of NPF4 Policy 5A. 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 26.03.2024, supporting information and 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 & Block Plan Existing Floor Plan and Image 415 (2) 001 - 26.03.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
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2. No customer shall be permitted entry on the premises before 08:00; and no customer shall be permitted to remain on the premises after 18:00. Reason: In the interests of residential amenity. 3. The permission hereby granted does not allow for the use of cooking with deep fat fryers within the premises. The permission allows only for a ‘domestic’ scale of cooking within the premises and any intensification shall be the subject of a separate application for planning permission. Reason: In the interests of residential amenity and in terms of the limited ventilation system. (Reference: Notice of Review and Supporting Documents and comments from Interested Parties, submitted)