Agenda reports pack
Argyll and Bute Council · 24 January 2023
Back to Argyll and Bute Local Review Body — 24 January 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 17 January 2023 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE LOCAL REVIEW BODY will be held BY MICROSOFT TEAMS on TUESDAY, 24 JANUARY 2023 at 3:00 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CONSIDER NOTICE OF REVIEW REQUEST: THE CAMP, CROSSAPOL, ISLE OF TIREE, PA77 6UP (REF: 22/0002/LRB) (a) New Information (agreed at LRB on 13 December 2022 to be included in process) (Pages 3 - 22) (b) Comments from Interested Parties on New Information (Pages 23 - 28) ATTACHMENTS BELOW PREVIOUSLY INCLUDED IN AGENDA PACK FOR LOCAL REVIEW BODY MEETING HELD ON 13 DECEMBER 2022 (c) Further information from Applicant (requested at LRB meeting on 30 June 2022) (Pages 29 - 30) (d) Further information from Planning (requested at LRB meeting on 30 June 2022) (Pages 31 - 32) (e) Comments from Interested Parties on further information (Pages 33 - 36) (f) Comments on video footage (Pages 37 - 40) Argyll and Bute Local Review Body Councillor John Armour Councillor Jan Brown Councillor Kieron Green (Chair) Contact: Fiona McCallum, Committee Services Officer Tel: 01546 604392 Public Document Pack
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Page 3 Agenda Item 3a
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REQUEST FOR ADDITIONAL INFORMATION IN RESPECT OF ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 22/0002/LRB REFUSAL OF PLANNING PERMISSION 21/02149/PP FOR THE RETROSPECTIVE ERECTION OF AGRICULTURAL BUILDING THE CAMP, CROSSAPOL, ISLE OF TIREE 15/12/22 Page 23 Agenda Item 3b
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At the second calling of the above Review, Members agreed to admit new evidence into the process in the form of 18 proforma letters of support from individuals who had not previously made a representation to the original planning application. Members have afforded all parties the opportunity to comment on the submission. The following is Officers response to the points set out in the proforma letters. In respect of paragraph one, Officers agree that growth and retention of population, particularly in the islands, is aligned with overarching, strategic objectives of the Council. Paragraph two intimates that the use of the proposed building may be intended for a purpose other than agriculture as it is indicated that it is to be used by a person who is a “qualified Engineer”, with the building being required to “keep under cover the various machinery associated with the business”. In the context of this statement it is unclear whether the “business” referred to is the existing agricultural holding that the application site relates to or another unspecified commercial operation that is intended to be undertaken within the building. It is however noted that the planning application currently under consideration by the LRB is described as an “agricultural building”, the intended use of the building for any purpose other than agriculture would give rise to a material change of use that would require planning permission in its own right as a separate matter and as such, if this were the case, would not be a material consideration that should be afforded weighting in the LRB’s deliberation of this application. In respect of paragraph three, Officers note this statement but would also observe that it is unclear whether the reference is made to agricultural equipment or to equipment required for another commercial purpose as may have been intimated above. The Officers have no further comments to make on the submission. Page 24
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REQUEST FOR ADDITIONAL INFORMATION FOR REVIEW 22/0002/LRB PLANNING APPLICATION 21/02149/PP COMMENTS ON THE NEW EVIDENCE SUBMITTED BY PRO FORMA LETTERS I am sure that the Panel will agree that the growth and retention of the population on the islands of Argyll & Bute is essential. The agricultural building is intended to be used to house the implements which were shown on the photographs already submitted. If the Panel had been able to attend the site inspection they would have been able to see the implements lying in the field without any protective cover. The letters refer to the son of the applicant being an engineer. He is employed by Scottish Water. Crofts are usually quite small agricultural units and do not produce sufficient income for families. Therefore crofters quite often have other occupations as well. I wish to repeat that the shed will, if permission is granted, be used to house the agricultural implements required for working the croft. There is no intention to use it as a workshop. The first site did not allow room for manoeuvring machinery and that shed, if erected, was not well protected from the weather. The site now applied for will permit the shed to withstand the wind and rain better. The applicant had been informed by an architect that the agricultural shed did not require planning permission because there was a building nearby on the site. That information was not correct and the applicant regrets starting work. He hopes the Review Panel will agree that the shed is urgently needed and will grant planning permission. Allan Macaskill Page 25
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REQUEST FOR ADDITIONAL INFORMATION IN RESPECT OF ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 22/0002/LRB REFUSAL OF PLANNING PERMISSION 21/02149/PP FOR THE RETROSPECTIVE ERECTION OF AGRICULTURAL BUILDING THE CAMP, CROSSAPOL, ISLE OF TIREE We agree with the support given in the proforma letters, submitted to the planning office and review board, regarding the importance to retain the resident population and encourage new young people and families to the island. However, this review is not about the strategic objectives of the council but about the construction of a very large steel framed agricultural building that will do little for either of the above. In correspondence from the applicant, he mentions that he believed he could replace the original derelict building on a like for like basis. The proposed building has no similarities in either size, footprint, or proposed materials. It is out of proportion to its surroundings and impacts significantly/detrimentally on our properties. None of the buildings used for comparison by the applicant and his agent (Airport, Rural Centre, Council sheds etc) are sited directly opposite a residential property or within five metres to one of the main roads across the island. The applicant also raised that whilst the previous buildings had been in a state of dereliction and neglect, he had needed to use and utilise them on a temporary basis for his operational needs. Since the applicants purchase of the site and up until the erection of the framework for the proposed shed, the buildings were not used for the storage of agricultural machinery the main user of the structures during this temporary period was the applicant’s son who used them as a mechanical engineering workshop, repairing vehicles and equipment. Proposed use of the building has varied between storing agricultural implements to housing livestock during lambing and calving. Looking back at the photographs of the implements provided by the applicant in April 2022 it is apparent they could be housed in a building with a significantly lower ridge height more suitable to the locality, the site, and the buildings position on the site. It is still unclear whether the applicant has need of one or two sheds on the site and why he is putting these on a designated commercial site when very generous grants are available to crofters for the construction of agricultural sheds on croft land. Throughout this process we have maintained no objection to a replacement of the previous building, which was demolished by the applicant. Our concerns remain the same about the sheer scale, especially the height which will significantly reduce the level of light into our properties, and the proposed long-term use of the building and whether the materials used for its construction are fit for purpose. Stephen & Natalka Busbridge Page 27
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REQUEST FOR FURTHER INFORMATION LOCAL REVIEW BODY REF: 22/0002/LRB – PLANNING APPLICATION REF: 21/02149/PP - THE CAMP, CROSSAPOL, ISLE OF TIREE, PA77 6UP (a) Planning permission reference 20/00273/PP was granted for an agricultural shed. This was referred to in the comments responding to the representation from Argyll & Bute Council on the Statement of Case (second page). The site did not allow room for manoeuvring of machinery and the shed if erected was not well protected from wind and rain. (b) Photographs. Documents No.3 were submitted showing the agricultural implements and the reasons requesting a Review listed the items (Page 2 – 2nd Paragraph). This was repeated in the second submission replying to the Statement of Case from Argyll & Bute Council. Allan Macaskill. Page 29 Agenda Item 3c
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REQUEST FOR ADDITIONAL INFORMATION IN RESPECT OF ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 22/0002/LRB REFUSAL OF PLANNING PERMISSION 21/02149/PP FOR THE RETROSPECTIVE ERECTION OF AGRICULTURAL BUILDING THE CAMP, CROSSAPOL, ISLE OF TIREE 19.07.2022 Page 31 Agenda Item 3d
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At the first calling of the above Review, Members have requested additional information and clarification from planning officers. The following is our response to the matters raised: In respect of matter A, officers must respectfully point out that no additional information or clarification has been received from the Agent in respect of the request for the submission of a supporting statement/written statement confirming the exact use of the agricultural shed which planning permission was sought for. The information provided by the Agent in his email of the 9th July 2022 merely repeats the information already available to officers and Members. In respect of matter B, officers are of the opinion that the previous planning permission (reference 20/00273/PP) is capable of being legally revoked by the applicant should Members so require it to be. Page 32
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LOCAL REVIEW BODY REFERENCE: 22/0002/LRB PLANNING APPLICATION REFERENCE: 21/02149/PP THE CAMP, CROSSAPOL. ISLE OF TIREE, PA77 6UP Further to the response from the applicant’s agent received 01/08/2022 As the listed machines and agricultural implements are lying about the two crofts why is an agricultural shed not being built on the croft, closer to the applicants home, rather than on a commercial site? If the intended purpose of the shed is now to solely store agricultural machinery, why does the building need to be so high? 5.050m plus roof space (over 16.5 feet to eaves height) None of the machinery shown in the photographs require a building of this height. As it is noted that a shed or sheds is urgently required, why has no start been made on the agricultural building which had planning permission granted in April 2020, to which we raised no concerns due to its siting having little or no impact on our properties? Stephen & Natalka Busbridge Page 33 Agenda Item 3e
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LOCAL REVIEW BODY REF: 22/0002/LRB - RESPONSE TO ADDITIONAL INFORMATION FROM ARGYLL & BUTE COUNCIL PLANNING DEPARTMENT I cannot understand the comment that the Agent repeats the information already available to the Council and Review Panel. The information was repeated because that is the exact use the agricultural shed will be used for. The reasons requesting a Review stated on Page 2 Paragraph 2 “documents 3 are photographs of various agricultural implements which are lying about the two crofts. They include three tractors, baler, mower, baler wrapper, trailer, excavator etc. Therefore as there are no suitable sheds on the crofts that can accommodate the agricultural equipment a new shed or sheds is a necessity.” Does that not explain what the shed is going to be used for? The photographs also show the equipment lying outside exposed to the wind and rain. Machinery has to be kept dry and in good condition. The members of the Review Panel, if they attend a site inspection, will see the equipment exposed to the elements. I again referred to the use of the shed in my comments to the Statement of Case by Argyll & Bute Council. Page 1. Again I wish to state that I cannot understand why Argyll & Bute Planning Department does not appear to have read the submission and looked at the photographs which show the equipment to be housed in the shed. There are no suitable buildings on the crofts to keep the agricultural equipment. Therefore a shed or sheds is urgently required. Page 35
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S & N Busbridge Viewfield and Viewfield Annex Crossapol Isle of Tiree PA77 6UP Legal and Regulatory Support Kilmory Lochgilphead Argyll PA31 8RT Dear Sir / Madam LOCAL REVIEW BODY REFERENCE: 22/0002/LRB PLANNING APPLICATION REFERENCE: 21/02149/PP THE CAMP, CROSSAPOL, ISLE OF TIREE, PA77 6UP With reference to the videos taken in place of the expected site inspection of 5 October 2022, we feel that while these offer a true representation of the scale and foot print of the framework of the building as it now stands, it is not possible from the videos to gauge the true impact of how great the loss of light to our properties will be once the final cladding is added and the detrimental effect the height of this structure will have. Yours faithfully, Stephen & Natalka Busbridge Page 37 Agenda Item 3f
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17 November 2022 Dear Ms McCallum, Thank you for arranging for me to view the video pertaining to the Review for the agricultural shed on the Island of Tiree. A site inspection would have given the Review Panel Members a far better view of the site. The video did not show all the agricultural implements lying on the croft ground or a good view of the buildings on the site behind the shed. If they had been on the island they would have seen other industrial and agricultural buildings positioned in the landscape e.g. Council's shed, airport and mart buildings. Yours sincerely, Allan Macaskill. Page 39
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