Printed minutes
Argyll and Bute Council · 21 May 2025
Back to Planning, Protective Services and Licensing Committee — 21 May 2025 and its agenda
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MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 21 MAY 2025 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Liz McCabe Councillor Dougie Philand Attending: Stuart Mclean, Committee Manager Peter Bain, Development Manager Kirsty Sweeney, Area Team Leader Stuart Ramsay, Senior Planning Officer Emma Shaw, Planning Officer Emma Jane, Planning Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Mark Irvine, Paul Kennedy and Peter Wallace. 2. DECLARATIONS OF INTEREST Councillor Andrew Kain declared a financial interest in planning application reference 23/01938/PP as he was the Applicant. He left the meeting and took no part in the consideration of this application which is dealt with at item 4 of this Minute. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 23 April 2025 at 11.00 am was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 23 April 2025 at 2.30 pm was approved as a correct record. Having declared an interest in the following application, Councillor Andrew Kain left the meeting at this point. 4. MR AND MRS A KAIN: ALTERATIONS TO DWELLINGHOUSE, ERECTION OF EXTENSIONS AND INSTALLATION OF DORMER WINDOW: FAIRWAYS LODGE, ERRAY ROAD, TOBERMORY, ISLE OF MULL (REF: 23/01938/PP) The Planning Officer spoke to the terms of the report and advised that this application is before the Committee as the Applicant is an elected Member of the Council. In terms of the Settlement Strategy set out in the adopted LDPS2, the site is identified as being within the defined Settlement Area of Tobermory. The proposal is considered to be consistent with the relevant provisions of the Development Plan and National Planning Framework 4 and there are no other material considerations of sufficient significance to
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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. Decision The Committee 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 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 03.10.2023, 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 Existing Plans and Elevations 200 04.10.2023 Site & Location Plan 100 04.10.2023 Proposed Plans & Elevations 201 A 27.03.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Submission of Details of Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the external walls and roof coverings have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 3. General Restriction of Use The land and premises to which this permission relates shall only be used as a single dwellinghouse with a maximum of two bedrooms being let to provide incedental bed and breakfast accommodation at any one time and for no other use including any other purpose in Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and the General Permitted Development Order 1992 (as amended).
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Reason: For the purpose of clarity and to enable the Planning Authority to control any subsequent change of use which might otherwise benefit from deemed permission in order to protect the amenity of the locale. (Reference: Report by Head of Development and Economic Growth dated 30 April 2025, submitted) Councillor Kain returned to the meeting at this point. 5. LORNE THOMSON: CHANGE OF USE OF LAND TO VEHICLE PARKING/STORAGE, INCLUDING LAYING OF HARDCORE, ERECTION OF BOUNDARY WALL AND FORMATION OF ACCESS (PART RETROSPECTIVE): LAND WEST OF BT TELEPHONE EXCHANGE, GARELOCHHEAD (REF: 24/01249/PP) The Area Team Leader spoke to the terms of supplementary reports number 2 and 3. At a discretionary hearing of the PPSL Committee on 9 April 2025 this application was approved subject to the addition of appropriate conditions and reasons being delegated to the Head of Development and Economic Growth in consultation with the Chair and Vice Chair of the Committee. The Chair considered it would be most appropriate to refer the matter back to the Committee in order that those who were in favour of the development going ahead could offer comment on the conditions suggested. These draft conditions, set out in supplementary report 3, were before the Members for consideration. Only those Members present today that attended the discretionary hearing could take part in the consideration of these conditions. Decision The Committee agreed the following conditions and reasons be attached to planning permission reference 24/01249/PP: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated; 1st July 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 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
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Location Plan 2024_0023_00A 22.08.2024 Existing Site Plan 2024_0023_01A 22.08.2024 Proposed Site/Landscape Plan 2413.03 101 01.07.2024 Topographical Survey 01.07.2024 Visualisation of Boundary Wall 02.08.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Operational use There shall be no more than 30 cars on the site at any time, unless otherwise agreed in writing with the planning authority and no individual car shall remain on the site for a continuous period of more than a year. A register of all cars stored for longer than a month including their registration numbers, dates the car was placed on the site and left the site shall be maintained by the Site Owner and shall be available at all reasonable times for inspection by the Planning Authority. Reason: In order to define the limits of the permission and to ensure cars are not abandoned on site for over a year and become unsightly. 3. PP – Environmental Management Plan No development shall commence on the laying of the car park surfacing or hard landscaping until a full site specific Environmental Management Plan (in the form of a proposed Construction Procedures Handbook) has been submitted to and approved in writing by the Planning Authority. The Plan shall address requirements arising from the construction of the car storage area and, shall inform the production of construction method statements, and shall specify the siting of working areas, soil management practices, measures to prevent pollution of watercourses and environmental site monitoring. The development shall be implemented in accordance with the requirements of the duly approved Construction Procedures Handbook, copies of which shall be maintained available on site for the duration of construction works. Reason: In the interests of pollution control. 4. PP - Junction with public road: Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/005B; and visibility splays of 42 x 2.4 x 1.05 metres measured from the edge of the carriageway. The first 3m of the access shall be surfaced with a bound material and be a width of 3.6m, increasing to 3.7m if bound by walls in accordance with the stated Standard Detail Drawing. Prior to any car park formation construction works being undertaken the access hereby approved shall be formed to at least base course standard and the
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visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from 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 car being stored on site 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. 5. Pedestrian Visibility and Gates Any access gates should be sited at least 6 metres from the rear of the footway and must be hung so that they do not open towards the carriageway and pedestrian visibility splay of 2.4 m x 2.4 x 0.9m measured from the rear of the footway must be achieved and maintained in perpetuity. Reason: In the interests of pedestrian and road safety to allow an entering vehicle to stop clear of the footway when the gates are closed. 6. PP - Parking and Turning As Shown The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the cars being stored on site and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety. 7. PP – Surface Water Drainage – Further detail required Notwithstanding the provisions of Condition 1, no development shall commence until details of the intended means of surface water drainage to serve the development have been submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Flood Advisors. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the cars being stored on the site and maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant:
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Regard should be had to SEPA’s consultation document in relation to the proposed development. 8. PP – Full Landscaping Scheme Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a final scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i. Proposed hard landscaping works including location design and materials of the proposed walls, surfacing materials and any gates; ii. Proposed soft landscaping including the location, species and size of every tree/shrub to be planted alongside the watercourse with no gaps and the road edge; iii. A programme for the timing, method of implementation, completion and subsequent on-going maintenance. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 10. PP – Biodiversity Enhancement Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a biodiversity statement has been submitted to and approved in writing by the Planning Authority. The statement shall demonstrate 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, 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. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3.
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11. Non-Native Species Removal Plan Within 3 months of the date of this permission, an Invasive Non-Native Species (INNS) Flora Management and Removal Plan shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Council’s Biodiversity Officer. The approved plan shall have been prepared by suitably-qualified ecologist, and fully adhered implemented. Reason: In the interests of biodiversity. (Reference: Report by Head of Development and Economic Growth dated 1 November 2024; Supplementary Report Number 1 dated 9 January 2025; Supplementary Report Number 2 dated 8 May 2025 and Supplementary Report Number 3 dated 20 May 2025, submitted) 6. BEAUFORT WIND LIMITED: PROPOSAL OF APPLICATION NOTICE FOR DEVELOPMENT OF UP TO 7 WIND TURBINES (UP TO 149.9 METRES TO TIP) AND ASSOCIATED INFRASTRUCTURE. THE PROPOSED DEVELOPMENT WILL ALSO INCLUDE WORKS TO DECOMMISSION AND RESTORE THE EXISTING OPERATIONAL BEINN GHLAS WIND FARM, MAKING USE OF SOME OF THE EXISTING INFRASTRUCTURE ON SITE: BEINN GHLAS WIND FARM, TAYNUILT (REF: 25/00490/PAN) The Senior Planning Officer spoke to the terms of the report. The site comprises of an operational wind farm. Beinn Ghlas Windfarm, approved in August 1998, comprises 14 wind turbines with a tip height of approximately 5.41m, providing an overall capacity of 8.4MW. The nearest settlements to the site are the town of Oban and village of Taynuilt which are approximately 12 km and 4 km respectively from the nearest parts of the site. Both predominantly separated by a range of hills to the south of Loch Etive. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Decision The Committee noted the content of the report and requested that the following matters be given consideration in finalising any future planning application submission – • That the Applicant continues to have a constructive dialogue to ensure any impacts on the landscape from this proposal can be minimised. • That the Applicant reuses existing infrastructure wherever possible.
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(Reference: Report by Head of Development and Economic Growth dated 7 May 2025, submitted) 7. DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE - FQ4 2024/2025 A report providing an update on the performance of the Development Management Service for the reporting period FQ4 2024/25 was considered. Decision The Committee reviewed and welcomed the content of the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 8 May 2025, submitted) 8. PRIVATE HIRE CARS AND TAXIS LICENSED IN ARGYLL & BUTE A report providing an update on the number of private hire cars and taxis across the licensing authority’s area was before the Committee for information. Decision The Committee noted the number of private hire cars and taxis across the licensing authority’s area as detailed at Appendix 1 and 2 of the report. (Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 28 April 2025, submitted)