Minutes
Argyll and Bute Council · 21 May 2025
Back to Planning, Protective Services and Licensing Committee — 21 May 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 PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 23 APRIL 2025 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Jan Brown Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Mark Irvine Councillor Paul Donald Kennedy Councillor Peter Wallace Attending: Shona Barton, Governance Manager Peter Bain, Development Manager Kirsty Sweeney, Area Team Leader Steven Gove, Planning Officer Kim de Buiteléir, Design and Conservation Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Gordon Blair, Audrey Forrest, Andrew Kain, Liz McCabe and Dougie Philand. 2. DECLARATIONS OF INTEREST Councillor Peter Wallace declared a non-financial interest in planning application reference 24/01459/PP as he had dealt with the Applicant in respect of this proposal. He left the meeting and took no part in the determination of this application which was dealt with at item 4 of the Minute. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 19 March 2025 was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 9 April 2025 was approved as a correct record. Having declared an interest in the following item, Councillor Peter Wallace left the meeting at this point. 4. MS ERIN MURPHY: ERECTION OF A FENCE AND USE OF LAND AS THE CURTILAGE OF A SHOP UNIT: LAND TO THE REAR OF 19 EAST PRINCES STREET, ROTHESAY, ISLE OF BUTE (REF: 24/01459/PP) The Planning Officer spoke to the terms of the report. The application site consists of a ground floor unit and is located to the rear of Duncan’s Halls, a category B Listed Building within the town centre part of the Rothesay Conservation Area. The ground floor unit has historically been a retail premises put planning permission and listed building consent were approved in late 2024 for its change of use into a wine bar and work has commenced on the conversion. The proposal has attracted 17 objections and 37 expressions of support. Planning Officers do not consider that the objections or expressions of support raise any complex or
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technical issues that have not been addressed in the report of handling and it is not considered that a discretionary local hearing would add value to the planning process. The proposal is considered to be consistent with the relevant provisions of the Development Plan and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act. It was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling. Motion To agree to grant planning permission subject to the conditions and reasons detailed in the report of handling. Moved by Councillor Kieron Green, seconded by Councillor Amanda Hampsey. Amendment To agree to hold a pre-determination hearing and site visit in respect of this application. Moved by Councillor Jan Brown, seconded by Councillor Fiona Howard. A vote was taken by calling the roll. Motion Amendment Councillor Armour Councillor Brown Councillor Green Councillor Hardie Councillor A Hampsey Councillor Howard Councillor D Hampsey Councillor Irvine The Motion was carried by 5 votes to 3 and the Committee resolved accordingly. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition for Planning Permission (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details Unless otherwise directed by any of the conditions below, the development shall be implemented in accordance with the details specified on the application form dated 8th August 2024; supporting information; and the approved drawings listed in the table below unless the prior written approval of the Planning Authority is obtained for an
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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 Plan Drawing No. 2207-001 A 16.09.2024 Site Block Plan Drawing No. 2207-002 A 16.09.2024 Site Plan Drawing No. 2207-005 C 19.09.2024 Detail of Fence Drawing No. 2207-007 A 09.08.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Details of Display of Goods Prior to the first use for the display of goods for sale of that part of the application site to the rear of the building, full details of the types of goods; their locations; the area of ground in square metres that they would occupy; and the means by which they are to be displayed shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the display of goods for sale shall thereafter be undertaken in accordance with the approved details. Reason: In the interests of visual amenity and no such details having been submitted. 3. Details of Outdoor Storage Prior to the first use for outdoor storage of that part of the application site to the rear of the building, full details of the types of items to be stored; their locations; the area of ground in square metres that they would occupy; and the means by which they are to be stored shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the outdoor storage of items shall thereafter be undertaken in accordance with the approved details. Reason: In the interests of visual amenity and no such details having been submitted. 4. Restriction on Use of Land The use of that part of the application site to the rear of the building for the consumption of food and drink on a commercial basis under Class 3 of the Town and Country Planning (Use Classes) (Scotland) Order 1998 (as amended) shall not be permitted. Reason: In the interests of protecting the privacy and amenity of the occupants of the residential flats in the vicinity of the site and for the avoidance of doubt. 5. Restriction on Access for Customers
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Access by customers for the purposes of viewing or purchasing goods that are displayed on that part of the application site to the rear of the building shall not be permitted through the alleyways identified as ‘21’ and ‘23’ on Drawing No. 2207-005 Rev C ‘Site Plan’. Reason: In the interests of protecting the privacy and amenity of the occupants of the residential flats in the vicinity of the site and for the avoidance of doubt. 6. Restriction on Use of Land After 10 p.m. The use of that part of the application site to the rear of the building for the purpose of staff rest breaks shall not be permitted after 10.00 p.m. in the evening. Reason: In the interests of protecting the privacy and amenity of the occupants of the residential flats in the vicinity of the site and for the avoidance of doubt. 7. External Lighting Prior to their installation on the building or land contained in the application site, full details of all external lighting to be used (which should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B) shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, angle of direction and wattage of each light and it shall be demonstrated that the lights will be positioned and angled to prevent any glare or light spillage outwith the site boundary. Unless otherwise agreed in writing with the Planning Authority, all external lighting shall be installed in accordance with the approved details. Reason: In the interests of protecting the privacy and amenity of the occupants of the residential flats in the vicinity of the site and no such details having been submitted. 8. Land Drainage Works Prior to the commencement of any land drainage works, full details of the surface water drainage system for the site shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the drainage system shall be implemented in accordance with the approved details. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. 9. Vegetation Clearance, Tree Retention/Removal and Biodiversity Enhancement Prior to the commencement of any activities relative to the clearance of vegetation on the application site, a scheme for the implementation of these works shall be submitted to and approved in writing by the Planning Authority. The scheme shall include the following:
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i. A methodology for the survey of the vegetation and trees. This shall include details of the checking of trees with potential bat roost features and, where bats are identified as being present, the submission of appropriate mitigation measures. This shall also include details of the checking for the presence of any nesting birds and, where these are identified as being present, the submission of appropriate mitigation measures. ii. Details of the means of removal of any Invasive Non Native Species that are found on the site. iii. Details of any trees to be removed and the location and canopy spread of trees to be retained as part of the development. iv. A programme of measures for the protection of the retained trees during the carrying out of works within the site that shall be in accordance with BS 5837:2012 “Trees in Relation to Design, Demolition and Construction”. The tree protection measures shall be implemented for the full duration of works in accordance with the duly approved scheme. No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority. 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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Unless otherwise agreed in writing with the Planning Authority, the works shall be carried out in accordance with the approved scheme. 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. (Reference: Report by Head of Development and Economic Growth dated 4 April 2025. Submitted) Councillor Paul Kennedy left the meeting at 11.30 am during consideration of the foregoing item and before the vote was taken. Councillor Peter Wallace returned to the meeting at the conclusion of the foregoing item. 5. DEVELOPMENT PLAN SCHEME ANNUAL UPDATE - LOCAL DEVELOPMENT PLAN 3 There is a statutory requirement to replace Local Development Plan 2 (LDP2) in no more than five years and this means preparing Local Development Plan 3 (LDP3) by March 2029. The revised Development Plan Scheme sets out the timetable and consultation process for LDP3 and is required to be updated annually.
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A report presenting the first annual update of the Development Plan Scheme for approval along with its associated Participation Statement was considered. Decision The Committee agreed to note the contents of the report and approve the Development Plan Scheme attached in Appendix A to the report for publication and submission to Scottish Ministers. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 23 April 2025 and Development Plan Scheme 2025, submitted) The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 13 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. 6. EMERGENCY TREE PRESERVATION ORDER Consideration was given to a request for a Tree Preservation Order. Decision The Committee agreed the recommendations in the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 23 April 2025, submitted)