Printed minutes
Argyll and Bute Council · 23 August 2024
Back to Argyll and Bute Local Review Body — 23 August 2024 and its agenda
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MINUTES of MEETING of ARGYLL AND BUTE LOCAL REVIEW BODY held BY MICROSOFT TEAMS on FRIDAY, 23 AUGUST 2024 Present: Councillor Gordon Blair (Chair) Councillor Jan Brown Councillor Andrew Kain Attending: Iain Jackson, Governance, Risk and Safety Manager (Adviser) Lynsey Innis, Senior Committee Assistant (Minutes) 1. APOLOGIES FOR ABSENCE There were no apologies for absence intimated. 2. DECLARATIONS OF INTEREST There were no declarations of interest intimated. 3. CONSIDER NOTICE OF REVIEW REQUEST: LAND EAST OF TALIESIN WEST, GARELOCHHEAD (REF: 24/0008/LRB) The Chair, Councillor 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 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. Councillor Kain advised that he did feel he had sufficient information to come to a decision on the Review. Councillor Brown advised that she did not feel that she had sufficient information to come to a decision on the Review. She advised that she felt it was necessary to undertake a site visit to gain context around the ownership of the land and clarity around the Open Space Protection Area (OSPA) designation area. The Chair, Councillor Blair advised that he too would like a site visit in order to gain clarification on a number of points relating to biodiversity and recent flooding issues. Councillor Kain spoke to the reasons he felt he had sufficient information to come to a decision. He advised that with regards to the ownership of the land, the Planning Permission was sought in respect of 5.5% of the designated OSPA area. He advised that the Applicant owns a total of 26.5% of the designated OSPA area. Councillor Kain spoke of the contributions and enhancements made by the Applicant to the development of the remaining 21% of his land which falls within the designated OSPA area. He advised that the issues, which had been going on for a considerable length of time came down to individual and subjective interpretation and that the Applicant had been caught in the middle of the differing opinions of two officers.
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The Chair advised that he felt that the Local Review Body owed it to the Applicant to give the Review the consideration and due diligence it required. Discussion was had around the possibility of seeking an updated report from the Council’s Biodiversity Officer and arranging an accompanied site visit with the Planning Officer, Biodiversity Officer and Flooding Adviser in attendance. Mr Jackson provided advice in relation to the potentially limited ability of the Bio-diversity Officer to provide an updated report in the absence of an ecological survey. Having considered the forgoing discussions, Councillor Kain advised that he was happy to attend a site visit. Decision The Argyll and Bute Local Review Body unanimously agreed to:- 1. request that the Council’s Biodiversity Officer provide an updated report; 2. hold an accompanied site inspection to view the development site in context, specifically around the ownership of the land and to seek clarity on a number of areas, including the Open Space Protection Area (OSPA) and the potential impact on biodiversity and flooding concerns. It was noted that the Planning authority, the Biodiversity Officer and the Flooding Adviser should be invited to attend with an invitation extended to all other interested parties; and 3. adjourn the meeting and reconvene at the earliest opportunity after the site inspection and following receipt of the further information and comments from interested parties. (Reference: Notice of Review and Supporting Documentation, Comments from Interested Parties and Comments by Applicant, submitted)