Minutes
Argyll and Bute Council · 20 November 2024
Back to Planning, Protective Services and Licensing Committee — 20 November 2024 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 OCTOBER 2024 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Mark Irvine Councillor Peter Wallace Attending: Shona Barton, Governance Manager Susan Mair, Legal Manager Alan Morrison, Regulatory Services and Building Standards Manager Sandra Davies, Major Applications Team Leader Tim Williams, Area Team Leader – Oban, Lorn and the Isles David Moore, Senior Planning Officer Stuart Ramsey, Senior Planning Officer Shelley Gould, Senior Planning Officer Emma Shaw, Planning Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Fiona Howard, Andrew Kain, Paul Kennedy, Liz McCabe and Dougie Philand. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 18 September 2024 at 10.30 am was approved as a correct record. b) The Minute of the Planning, Protective Services and Licensing Committee held on 18 September 2024 at 2.00 pm was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 18 September 2024 at 3.00 pm was approved as a correct record. d) The Minute of the Planning, Protective Services and Licensing Committee held on 18 September 2024 at 4.00 pm was approved as a correct record. e) The Minute of the Planning, Protective Services and Licensing Committee held on 20 September 2024 was approved as a correct record.
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4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE REVIEW In terms of Section 17 of the Civic Government (Scotland) Act 1982, the local authority requires to fix maximum fares and other charges in connection with the hire of taxis operating in their area. The fares were last reviewed by Members on 21 June 2023 and took effect on 22 October 2023. The next fare scale will need to come into force in April 2025. Consideration was given to a report seeking approval of the commencement of the next review of taxi fares and other charges. Decision The Committee agreed:- 1. to commence the review of fares in order that this could be completed within the 18 months required in terms of the Act; and 2. that the consultation required in terms of the Act would be in writing. (Reference: Report by Executive Director with responsibility for Legal and Regulatory Support dated 23 October 2024, submitted) 5. TORLOISK ESTATE: CONVERSION AND EXTENSION OF STONE BARN TO FORM DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND FORMATION OF VEHICULAR ACCESS: LAND WEST OF LAGGANULVA FARM, ULVA FERRY, ISLE OF MULL (REF: 23/00185/PP) This application was presented to the PPSL Committee on 22 May 2024 and the Committee agreed to request from Planning Officers information on what the impact this proposed development would have on access to, and operation of, the remaining agricultural land in terms of Policy 83 of LDP2 – Safeguarding Agricultural and Croft land. Supplementary report number 5 advised of late representations received and provided an update on the submission of the further information requested. The Planning Officer advised that following publication of this supplementary report a late representation was received from the tenant farmer regarding the agricultural report submitted by the Applicant. A late email was also received from Councillor Hume requesting that the Committee undertake a site inspection. It was recommended that planning permission be granted subject to the conditions and reasons detailed in supplementary report number 5 which included an amendment to condition 15 to allow for increased flexibility for an alternative scheme for the provision of the replacement barn, and an additional condition to secure the exact details of the residential curtilage. Decision The Committee noted the content of supplementary report number 5, which provided further detailed assessment of the proposed development in relation to NPF4 Policy 5 and LDP2 Policy 83, and agreed to grant planning permission subject to the following conditions and reasons:
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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 01.02.2023, 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 Drawings 1 (downtakings in red) PL_003 02.02.2023 Existing Drawings 2 (downtakings in red) PL_004 02.02.2023 Proposed Elevations PL_008 02.02.2023 Proposed Plan PL_006 02.02.2023 Proposed Section A-A South Elevation and Section B-B PL_007 02.02.2023 Proposed Renders PL_009 02.02.2023 Proposed Interior Renders PL_010 02.02.2023 Existing Site Plan PL_002 27.02.2023 Proposed Site Plan PL_005 27.02.2023 Proposed Plan PL_006 27.02.2023 Location Plan PL_001 27.02.2023 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Timescale to be Agreed for Completion No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority.
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Reason: In order to comply with the requirements of NPF4 Policy 16F. 3. Sustainable Drainage System Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk . 4. Landscaping and Biodiversity Enhancement No development shall commence until a scheme of biodiversity protection and enhancement, boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and 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 development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority.
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The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. 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 SD08/004a and shall include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the 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 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. 6. 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 development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety. 7. Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other
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supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 8. 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 roof coverings and external walls 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. 9. PP - Removal of PD Rights – Dwellinghouse Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A, 3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.
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Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To maintain the integrity and architectural value of this bespoke dwellinghouse and to protect it and its immediate setting against inharmonious additions and accretions and to protect the sensitive area and the setting of the proposed dwellinghouse in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 10. Pre-commencement Survey No development or other work shall be carried out on the site until a pre- commencement survey for the presence of nesting birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 11. Implement/Operate Development in Accordance with Identified Mitigation Measures Notwithstanding the provisions of Condition 1, the development shall be undertaken in accordance with the mitigation measures set out in the documents titled ‘Preliminary Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated September 2022.
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Reason: In order to protect natural heritage assets in the interest of nature conservation. 12. Contaminated Land Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: b) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. c) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan). d) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed.
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13. Tree Retention and Protection No development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise: i) Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development; ii) A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2005 “Trees in Relation to Construction”. Tree protection measures shall be implemented for the full duration of construction 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. Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation. 14. Phasing of Development No development shall commence until such time as the associated replacement agricultural building (either as granted under prior notification ref. 24/00259/PNAGRI; or subsequently renewed/amended, or an alternative scheme for the provision of a replacement building that has been acknowledged as such in writing by the planning authority) has been erected and made available for agricultural use in the management of Lagganulva Farm. Reason: In order to ensure that the development of the existing barn the subject of this current planning permission is delivered in accordance with the stated management and development of the remainder of the agricultural holding. 15. Restricted Curtilage No development shall commence until details of a reduced residential curtilage for the proposed dwellinghouse has been submitted to and approved by the Planning Authority. The development shall thereafter be completed in strict accordance with such details as are approved. Reason: To assist with the integration of the proposal and to safeguard agricultural land. (Reference: Report by Head of Development and Economic Growth dated 3 October 2024, submitted)
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6. YLEM ENERGY LTD: CONSTRUCTION AND OPERATION OF A BATTERY ENERGY STORAGE SYSTEM (BESS) WITH ANCILLARY INFRASTRUCTURE: ARDENCAPLE FARM, RHU, HELENSBURGH (REF: 23/02472/PP) The Senior Planning Officer spoke to the terms of the report. The proposed site is located at Ardencaple Farm, approximately 1km North East of Rhu on approximately 0.5ha of agricultural land currently used for pasture. The application site is situated within the Helensburgh Green Belt where stricter controls over the type of development which is allowed is exercised as per LDP2 Policy 02 and NPF4 Policy 8. The purpose of the proposed development would be to install a Battery Energy Storage System (BESS) which would provide standby, emergency electricity for National Grid in times of high electricity demand or when renewable energy projects are unable to fulfil demand. This application has attracted 62 letters of objection and, in addition, both Helensburgh and Rhu and Shandon Community Councils have objected. Whilst there is strong policy support within NPF4 Policy 11 and LDP2 Policy 30 for energy related proposals such as this BESS scheme, Officers consider there are three reasons for refusal of this application relating to the lack of justification for this greenbelt location and the adverse landscape and visual impacts on the greenbelt, the lack of a suitable vehicular access to the site, and insufficient information relation to noise impacts. It is considered that Members have sufficient information within the report to enable them to determine this application and, in these circumstances, it is not considered that a pre- determination hearing would add value to the process. It was recommended that planning permission be refused for the reasons outlined in the report of handling. Decision The Committee agreed to refuse planning permission for the following reasons: 1. Unacceptable Adverse Impact on Helensburgh Green Belt. The proposed development by nature of its scale, appearance and location More particularly, a) The application submission has failed to demonstrate that a greenbelt location is essential for the location of the development due to the exclusion of all greenfield land within the Loch Lomond and the Trossachs National Park Area at an early stage in the site search exercise. This has resulted in the identification of a site, within a sensitive greenbelt location some 2.7km from the required substation connection point on the edge of the settlement of Helensburgh. Officers therefore consider insufficient justification to locate the development within the Helensburgh Greenbelt has been provided by the applicant. b) In addition, the field within which the development is proposed to be located, forms an integral and important part of the greenbelt in framing the settlement of
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Helensburgh and providing an open context for attractive and important views of the town and beyond to the Clyde Estuary. Officers consider the quality of this view to be extremely high and therefore its sensitivity to adverse impact is also high. The proposed development would unacceptably undermine the function and openness of the greenbelt at this point by introducing industrial scale development. By nature of the above matters set out at (a) and (b) the proposal is considered to be contrary to NPF4 Policy 8 and LDP2 Policy 02. 2. Substandard Access Roads and Site Access Road for Emergency Service Vehicles The application fails to provide either a private access road to the site, or an access track within the site to the BESS facility to an acceptable and safe standard for emergency services access. The Area Roads Engineer considers that the proposed access arrangements are unacceptable due to the unsatisfactory intervisibility and width of the private access road to the site, and unacceptable gradients on the proposed internal access road within the site contrary to LDP2 Policies 35, 37 and 39 of Argyll and Bute Local Development Plan 2. In addition, the proposed access arrangements fail to meet the desired guidelines and standards of the Scottish Fire and Rescue Services to access such facilities as set out in their consultation response to this application. More particularly the proposals fail to provide at least two separate access points to the site to account for opposite wind conditions/directions, a perimeter road or roads with passing places for fire service vehicles to an adequate standard, or access arrangements with no extremes of gradient. 3. Noise Generation and Potential Amenity Impacts The submitted noise report fails to provide sufficient confidence to Environmental Protection Officers that there will not be any adverse noise Impacts on surrounding area which includes residential properties. Adequate details have not been provided within the submitted Noise Impact Assessment. The proposals are therefore considered to be contrary to LDP2 Policy 14 amenity safeguarding objectives in respect of potential noise impacts. (Reference: Report by Head of Development and Economic Growth dated 9 October 2024, submitted) 7. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC: SECTION 42 APPLICATION FOR REMOVAL OF CONDITION 11 RELATIVE TO PLANNING PERMISSION REFERENCE 22/00782/PP (TO CONSTRUCT AND OPERATE A 132/275 KILOVOLT (KV) GIS SUBSTATION AND ASSOCIATED INFRASTRUCTURE THAT WILL CONNECT THE EXISTING 132 KV OVERHEAD LINE (OHL) FROM TAYNUILT TO INVERARAY TO A PROPOSED 275 KV OHL TO DALMALLY: LAND APPROXIMATELY 2.5 KM SOUTHWEST OF CLADICH (REF: 24/00260/PP) The Senior Planning Officer spoke to the terms of the report. A Section 42 application is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for the same development. In determining such an application, the Planning Authority can only consider the changes to
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the conditions on the previous permission. The principle of development is not under consideration and the original permission remains live. The Application only requires to be considered by the Committee as it is a national development. The Applicant wishes to delete a planning condition (Condition 11) attached to the original consent 22/00728/PP), requiring the finished floor levels (FFLs) of all the previously approved buildings on the site are elevated 0.3 metres above the surrounding ground levels. This requirement was added as a planning condition following a consultation response received from the Flood Risk Management Adviser. Following consultation on the current application, the Flood Risk Management Adviser has stated that as the raised of the FFLs by 0.3 metres was only a recommendation on the original application, they have no objections to the removal/deletion of the actual condition. Officers consider it acceptable to delete planning condition 11 from the original consent, subject to the retention and amendment of the remaining planning conditions, it was therefore recommended that planning permission be granted subject to the conditions and reasons set out in the report of handling. Decision The Committee agreed to grant planning permission, in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997, 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 09/02/2024, supporting information, including the Environmental Appraisal for application 22/00782/PP (April 2022), 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 Location Plan R170_3673_Fig1_1_RedlineBoundarySite_C C 12/02/24 Proposed A819 Site Access Design Location Plan LT29_CRDH_0804_0010 B 12/02/24 Location of septic tank, borehole R170_3673_Fig1_SepticTank_BHWS_SUDS_D D 12/02/24
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water supply and SUDS Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. The development shall proceed in accordance with the approved Finalised Construction Environmental Management Document (CEMD) for the site, as approved under application 22/00782/PP, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure protection of surrounding environmental interests and general amenity. 3. The development shall be implemented and proceed in accordance with the approved Construction Traffic Management Plan (CTMP) and Phased Delivery Plan, as approved under application 22/00782/PP. Reason: To minimise interference with the safety and free flow of the traffic on the trunk road, to ensure the safety of pedestrians and cycle users using the trunk road and adjacent facilities and to be consistent with current guidance and best practice. 4. The development shall be implemented in accordance with the duly approved details of the proposed archaeological works contained with the approved written scheme of investigation, with the suitably qualified person being afforded access at all reasonable times during ground disturbance works. Reason: In order to protect archaeological resources. 5. Prior to the end of February 2025, further details of a continuing strategy for housing incoming construction workers shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall continue to be carried out in accordance with the further approved details submitted and approved. Reason: In order to ensure that any potential adverse impacts on the functioning of the local housing market and tourist accommodation to the detriment of the interests of the local community are identified and mitigated in accordance with the requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. 6. The development shall not be brought into use or occupied until the required private water supply system has been installed in accordance with the agreed specification, as approved under application 22/00782/PP, and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. 7. The development shall progress in accordance with the approved Construction Noise Management Plan (CNMP), as approved under application 22/00782/PP, with all
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approved mitigation measures to be in place prior to the commencement of development, or as otherwise agreed in writing by the Planning Authority. Reason: In the interest of safeguarding residential amenity. 8. The development shall progress in accordance with the approved Peat Management Plan (PMP), as approved under application 22/00782/PP. Reason: In order to minimise disturbance of peat and ensure the appropriate reuse and management of peat. 9. Prior to the energising of the development hereby approved, a detailed Compensatory Planting Plan (CPP) and Long Term Forestry Management Plan (LTFMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with Scottish Forestry. The approved CPP and LTFMP shall be implemented in full and in accordance with the approved timing, unless otherwise agreed in writing by the Planning Authority. Reason: To enable appropriate woodland removal to proceed, without incurring a net loss in woodland related public benefit, in accordance with the Scottish Government's policy on the Control of Woodland Removal. 10. The development shall not become operational until the vehicle wheel cleansing facilities, as approved under application 22/00782/PP, have been installed and brought into operation on the site. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. 11. Watercourse crossings hereby permitted shall be designed to at least the capacity of the existing channel, and to the 1 in 200 years plus climate change flow, and an allowance for freeboard, unless otherwise agreed in writing by the Planning Authority. This includes the replacement of the existing River Array watercourse crossing with a new oversized box culvert, or bottomless traditional style bridge to accommodate the 1 in 200 year flood event without constriction. Reason: To ensure that new watercourse crossings do not affect the existing flows in the interests of flood risk. 12. The development shall not include for the provision of walls, fences or hedges within 2.0 metres of the carriageway of the public road, and any gates shall open inwards, away from the public road. Reason: In the interest of road safety. 13. Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Operational Services Drawing No SD08/001a; and visibility splays of 160 metres x 2.4 metres 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 the visibility splays shall be maintained clear of all obstructions thereafter.
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Reason: In the interests of road safety. 14. No external lighting shall be installed on the site other than with the prior written approval of the planning authority. In that event the location, type and luminance of the lighting units to be installed shall be specified, and any duly approved lighting shall be installed in a manner which minimises illumination and glare outwith the boundary of the application site. The site shall not be illuminated other than in the event of staff being present on site. Reason: In order to avoid unnecessary visual intrusion, in the interests of the visual amenity of an area otherwise unaffected by the presence of light sources. 15. All vehicles transporting construction material to and from the proposed development shall be sheeted. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. 16. Any blasting for the development hereby permitted shall not exceed vibration levels at the nearest Noise Sensitive Receptors (NSR) of the guideline limits presented in BS 7385-2: 19937 and BS 6472-2: 20088. Reason: In the interests of protecting amenity of neighbouring land use occupiers. (Reference: Report by Head of Development and Economic Growth dated 7 October 2024, submitted) 8. MASTERPLAN REPORT: DUNOON & KILBRIDE HILL STRATEGIC MASTERPLAN (24/00604/MPLAN) The Senior Planning Officer spoke to the terms of the report. The Dunoon Project Limited is a registered community based charity that has produced a strategic masterplan, in consultation with the local community and key stakeholders, to guide the development of a new tourist and recreation attraction on Kilbride Hill, Dunoon. The Strategic Masterplan identifies a set of broad and overarching development principles to deliver the vision of creating “The place for nature-based world class adventures, attracting visitors to our thriving community connected to an outstanding environment”. It is considered that the components of the proposed Strategic Masterplan, including the vision, principles and indicative site designs, are appropriate for the sustainable development of the site area. The indicative site designs provide a framework to guide more detailed future planning applications. It was recommended that the Strategic Masterplan be endorsed and shall form a material consideration in the determination of future planning applications. Given the outline nature, the Strategic Masterplan should be updated as developments are approved at the site in conformity with the Masterplan which prove to have implications for the delivery of development within the remainder of the site. Decision The Committee agreed:
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1. that the Strategic Masterplan be endorsed and should form a material consideration in the determination of future planning applications; and 2. that the Strategic Masterplan be updated as developments are approved at the site in conformity with the Masterplan which prove to have implications for the delivery of development within the remainder of the site. (Reference: Report by Head of Development and Economic Growth dated 9 October 2024, submitted) 9. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC: SECTION 42 APPLICATION FOR VARIATION OF CONDITION 7 RELATIVE TO PLANNING PERMISSION REFERENCE 23/00382/PP (ERECTION OF HIGH VOLTAGE ELECTRICITY SUBSTATION AND FORMATION OF ASSOCIATED ACCESS, LANDSCAPING, DRAINAGE AND MEANS OF ENCLOSURE AND PLATFORM EXTENSION): LAND ADJACENT TO CROSSAIG SUB STATION, SKIPNESS (REF: 24/01098/PP) The Senior Planning Officer spoke to the terms of the report. A Section 42 application is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for the same development. In determining such an application, the Planning Authority can only consider the changes to the conditions on the previous permission. The principle of development is not under consideration and the original permission remains live. The Applicant wishes to amend the wording of Condition 7 of the original permission reference 23/00383/PP. This condition required the submission of a Peat Management Plan to be discharged in consultation with SEPA. SEPA have previously approved the proposed peat management plan and the plan itself remains unchanged from the details that SEPA have already approved. The wording that SSEN wish to amend is as detailed at section (P)(ii) of the report and no objections are raised by SEPA in respect of the proposed amendment. Officers consider that the proposal accords with the principles and policies contained within both the adopted NPF4 and the adopted LDP2 and the Section 42 application to amend the planning condition is considered acceptable, subject to the retention and amendment of the remaining planning conditions in terms of all other applicable material considerations. It was recommended that planning permission be approved subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission, in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997, subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction
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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 14.12.22; the Environmental Appraisal (December 2022), 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. Version Date Received Site Location Plan (1:75000) 24.02.23 Red Line Boundary Plan (Fig 1.1) 24.02.23 Revised Site Layout Plan 4534d-DR-P-0017 Rev 5 26.05.23 Existing Substation Layout and proposed Extension Plan 4543d-DR-P-0027 24.02.23 Septic Tank and Borehole Plan ( Fig13) (1:2500) 31.03.23 Substation Compound Layout and Electrical Section Locations 4534d-DR-P-0004 Rev.2 24.2.23 275Kv Control Building Layout 4534d-DR-P0005 Rev 2 24.2.23 275kv Control Building Elevations 4534d-DR-P-0006 Rev.2 24.2.23 132kv Control Building Elevations 4534d-DR-P-0023 Rev.1 24.2.23 132kv Control Building Layout 4534d-DR-P-0022 Rev.1 24.2.23 Transformer Building Layout 4534d-DR-P-0020 Rev.1 24.2.23 Transformer Building Elevations 4534d-DR-P-0019 Rev.1 24.2.23 Generator Building Elevations and Floor Plan 4534d-DR-P-0009 Rev.2 24.2.23 Electrical Layout Elevations 01 4534d-DR-P-0011 Rev.1 24.2.23 Typical Deer Fence and Gate 4534d-DR-P-0016 - 24.2.23 2.5m High Security Palisade Fencing Details CE/34/2015 Rev. E 24.2.23 Site Access Details 4534d-DR-P-0008 Rev.2 24.2.23 Proposed Site Access Profiles 4534d-DR-P-0021 Rev.1 24.2.23 Proposed Site Profiles 4534d-DR-P-0018 Rev.1 24.2.23 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. No construction works shall be commenced until a Finalised Construction Environmental Management Plan [CEMP] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. The CEMP shall include: a) An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent; b) Processes to control/ action changes from the agreed SM; c) Construction Environmental Management Plans (CEMPs) for the construction phase covering:
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i) Habitat and species protection, including ECoW Details, surveys and species protection plans; ii) Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9); iii) Pollution prevention and control; iv) Dust management, including construction activity and vehicle movements; v) Construction noise and vibration vi) Temporary site lighting; vii) Watercourse crossings; viii) Site waste management ix) Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring; x) Mapping of borrow pits and associated habitats identified for restoration; xi) Invasive Non-Native Species Management Plan xii) Emergency Response Plans; xiii) Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and xiv) Other relevant environmental management as may be relevant to the development d) A statement of responsibility to 'stop the job/ activity' if a breach or potential breach of mitigation or legislation occurs; and e) Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties. Reason: To ensure protection of surrounding environmental interests and general amenity. 3. No development shall commence until a Construction Traffic Management Plan (CTMP)and Phased Delivery Plan have been prepared and approved in writing by the Planning Authority and Transport Scotland as the trunk roads Authority. The Plan shall include details of: a) Approved access routes, • All HGV construction traffic to use the Cross Kintyre Haul Route. • The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road must not be used by HGV's. • The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road may be used by LGV related to these works b) Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage); c) The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.
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d) Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management). The development shall be implemented in accordance with the duly approved Traffic Management Plan. Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk or local road network. 4. No development or ground breaking works shall commence until a programme of archaeological works in accordance with a written scheme of investigation, has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service. The scheme shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works. Reason: In order to protect archaeological resources. 5. No development shall commence, until a strategy for housing incoming construction workers shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: In order to ensure that any potential adverse impacts on the functioning of the local housing market and tourist accommodation to the detriment of the interests of the local community are identified and mitigated in accordance with the requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. 6. No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist/ hydrogeologist or other suitably competent person and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 or Part 3 of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (as appropriate) which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided
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to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. 7. No development shall commence until a detailed peat management and reinstatement plan has been submitted to and approved by the Planning Authority in consultation with SEPA. This shall be submitted to the planning authority and SEPA no later than two months prior to the intended commencement of development date and include details of: (i) The written consent of all landowners whose land is to be utilised. (ii) Methodology and volume of extraction. (iii) Phasing/timing of any works impacting peat. (iv) Quality/classification of Peat to be extracted. (v) Details of any onsite peat re-instatement and /or enhancement. (vi) Details of storage and transportation. (vii) Details of the location, area, and condition of onsite or offsite peatland to be improved. (viii) Details of peat enhancement measures on this land (ix) Details of peatland restoration outcomes to be achieved. (x) Details of ongoing management arrangements of the restored peatland The restored peatland shall thereafter be maintained in accordance with the terms of approved peatland management plan. The restored peatland shall be maintained in accordance with the terms of the approved peat management plan for a period of 15 years, from commencement of works under approved peat management plan The restored area shall not be subject to any works or operations for a period of 15 years, from commencement of works under approved peat management plan which would undermine the objectives of the restoration objectives contained in the approved Peat Management Plan. The peat improvement works shall also be undertaken in accordance with the objectives of the necessary habitat and management plan set out at condition 08 below. Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement, reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives. 8. No works to excavate any peat on the site shall be undertaken until a Habitat Management and Enhancement Plan has been submitted to and approved by the Planning Authority in consultation with its biodiversity advisor. Reason: To ensure that works result in habitat enhancement works being undertaken in accordance with NPF 4 and LDP Objectives. 9. No development shall commence until a detailed Compensatory Planting Plan (CPP) and Long Term Forestry Management Plan (LTFMP) are submitted to and approved in writing by the Planning Authority, in consultation with Scottish Forestry. The approved CPP and LTFMP shall be implemented in full and in accordance with the approved timing, unless otherwise agreed in writing by the Planning Authority.
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Reason: To enable appropriate woodland removal to proceed, without incurring a net loss in woodland related public benefit, in accordance with the Scottish Government's policy on the Control of Woodland Removal. 10. No development shall commence, until a revised Landscape Planting Plan and Maintenance Plan in accordance with BS EN ISO 11091:1999 has been submitted to and approved in writing by the Planning Authority. The revised plans must include: a) A plan showing numbers and locations of each tree and shrub species; b) Planting schedule to show for each species, the total number, type and size at planting; c) Specification for planting to include ground preparation, planting operations and protection from herbivores; d) Compensatory planting scheme for tree loss e) Schedule of implementation and phasing; The approved Landscape Planting Plan and Maintenance Plan shall thereafter be implemented in full in accordance with the implementation schedule and maintained in accordance with the approved details. Any plant losses within the first five years will be replaced at the next planting season. Reason: To ensure the development conserves and enhances the landscape character and biodiversity interests of the area. 11. Any watercourse crossings, hereby permitted, shall be designed to at least the capacity of the existing channel and to the 1 in 200 year plus climate change flow and an allowance for freeboard, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure that new watercourse crossings do not affect the existing flows in the interests of flood risk. 12. No external lighting shall be installed on the site other than with the prior written approval of the planning authority. In that event the location, type and luminance of the lighting units to be installed shall be specified, and any duly approved lighting shall be installed in a manner which minimises illumination and glare outwith the boundary of the application site. The completed site shall not be illuminated other than in the event of staff being present on site. Reason: In order to avoid unnecessary visual intrusion in the interests of the visual amenity of an area otherwise unaffected by the presence of light sources. 13. No development shall take place outside the following hours: 07.00hrs and 19.00hrs Mon to Friday (inclusive) 07.00hrs and 18.00hrs Saturday No construction works shall take place on Sundays or Scottish Bank Holidays unless as otherwise may be agreed in writing with Environmental Protection Officers in advance of the operations Non-construction work and switching works can be carried out on Sundays and Scottish Bank Holidays between the hours of 08.00 and 13.00.
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Reason: To minimise the impact of noise, generated by construction activities, on occupiers of residential properties. (Reference: Report by Head of Development and Economic Growth dated 8 October 2024, submitted) 10. GOVERNMENT CONSULTATIONS: BUILDING REGULATIONS: DETERMINING THE PRINCIPLES FOR A SCOTTISH EQUIVALENT TO THE PASSIVHAUS STANDARD: STAGE 1 CONSULTATION The Scottish building regulations set minimum standards applicable to new buildings and to new work to existing buildings. In December 2022, the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights, confirmed that, in response to Alex Rowley MSP’S Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal. The proposal was “to introduce a new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy and thermal performance”. Consideration was given to a report providing a proposed response to a Scottish Government consultation which seeks detailed responses on specific questions on the concept of a Scottish equivalent and issues around specification and calculation tools. Decision The Committee considered and approved the response outlined in Appendix 1 of the report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 25 September 2024, submitted) 11. REGULATORY SERVICES PERFORMANCE REPORT 2023-2024 A report updating the Committee on progress which has been made to deliver the Regulatory Services Service Plan 2023/25, highlighting achievements and performance in 2023-2024, and identifying additional priorities for the forthcoming year, was considered. Decision The Committee: 1. considered and noted the achievements and performance by Regulatory Services in 2023/24; and 2. noted the Service was operating circumstances and recruitment difficulties, the continued need to direct resources to high priority areas, and to secure appropriate resources. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 2 October 2024, submitted)