STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 8 NOVEMBER 2016 at 10.30 am
Present
Councillor Margaret BRISLEY (in the Chair)
Councillor Scott FARMER (except PL482)
Councillor Danny GIBSON
Councillor Graham LAMBIE
Councillor Mike ROBBINS (except PL482)
Councillor Christine SIMPSON
Councillor Jim THOMSON
In Attendance
Stephanie Cameron, Licensing Team Leader, Localities & Infrastructure
Christina Cox, Planning & Building Standards Manager, Localities & Infrastructure
Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Mary Love, Committee Officer, Localities & Infrastructure
Peter McKechnie, Planning Officer, Localities & Infrastructure
Scott Mason, Fisheries Officer, Localities & Infrastructure
Derek Parry, Public Transport Co-ordination Team Leader, Children, Communities & Infrastructure
Robert Plewes, Transport Scheduling Co-ordinator, Children, Communities & Enterprise
Sheila McLean, Governance Officer, Localities & Infrastructure (Clerk)
Also Present
Sergeant Marie White, Police Scotland
Prior to commencement of business, on behalf of the Panel, the Chair welcomed Christina Cox, Planning & Building Standards Manager, to her first meeting of the Planning & Regulation Panel.
PL478 APOLOGIES AND SUBSTITUTIONS
Apologies for absence were submitted on behalf of Councillor Neil Benny and
Councillor Ian Muirhead.
PL479 DECLARATIONS OF INTEREST
There were no declarations of interest.
PL480 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business.
PL481 MINUTES – PLANNING & REGULATION PANEL – 4 OCTOBER 2016
Decision
The Panel agreed to approve the Minutes of Meeting held on 4 October 2016 as an accurate record of proceedings.
As they had not attended the site visit, Councillor Scott Farmer and Councillor Mike Robbins left the meeting at this point and took no part in consideration of the following item.
PL482 ERECTION OF COTTAGE FOR HOLIDAY LETTING AT LAND ADJACENT TO OF MALLARD COTTAGE, STIRLING – MR & MRS I CALLION – – HEARING
A report by the Senior Manager – Infrastructure advised of an application for the demolition of a cottage for holiday letting at land adjacent to the east of Mallard Cottage, Stirling.
The application had been referred to the Planning & Regulation Panel at the request of Councillor Alasdair MacPherson, on the view that the proposed development was consistent with a number of local and national planning policies relating to tourist developments and accommodation.
Councillor MacPherson had requested that “the Planning Panel scrutinise the business case, which has been submitted by the applicant, which identifies an unmet demand for such accommodation in this location.”
At its meeting on 4 October 2016, the Panel agreed to defer consideration of the application pending a site visit and Hearing. The site visit took place on 18 October 2016 and a note of the site visit was attached as Appendix 3 to the submitted report.
All Members currently present had attended the site visit and could therefore take part in consideration of the item.
The Planning Officer introduced the report, which provided further information on (a) the site; (b) the proposal; (c) previous history; (d) Development Plan policy; (e) assessment and (f) consultations. No objections had been received.
The development site was within the countryside and Green Belt. The proposed holiday let plot was considered to be a Greenfield site on previously underdeveloped land. Although the Applicant had quoted a number of policies in their supporting statement, all issues led back to Policy 2.10 and in the opinion of officers, the proposals did not accord with policy.
The officer recommendation was to refuse the application for the reasons set out in the submitted report.
Applicant
James Reilly of DM Hall Baird Lumsden, together with the applicant, Mrs Callion, spoke in support of the application.
The Applicants had developed a successful business at Mallard Cottage and wished to further diversify their farming business to include a holiday let cottage. Although a cottage, now demolished, had existed within the site of the existing let, and it was acknowledged that the site was within the Green Belt, it was considered that a location on the next nearest place of suitable land would offer the best type of visitor experience.
The existing holiday let and farm was an established rural business and the proposals would support the Council’s aims to encourage tourism facilities close to the city centre.
The existing holiday let business had a high occupancy rate and an increased
availability would allow the applicants to meet a noted increase in demand. Low commodity prices in farming made it essential for the applicants to seek ways to diversify.
The Planning Officer, Applicant and Agent responded to a number of questions from Members of the Panel.
The Planning & Building Standards Manager and the Planning Officer outlined the differing scenarios which could be supported within the Green Belt, but confirmed that Brownfield sites were not recognised within the Green Belt. Much of the case put forward by the Applicant was based on Housing in the Countryside policies but the development site was within Green Belt, to which more strict policies applied.
The Applicant considered that the proposals complied with policies supporting tourism and diversification of the rural economy.
Motion
“That the Panel agrees:-
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to approve the application as it was considered to comply with Policy 15.1 of the Stirling Local Development Plan, subject to conditions;
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to remit to officers to develop the appropriate conditions to restrict the use of the cottage to holiday use.”
Proposed by Councillor Jim Thomson, seconded by Councillor Graham Lambie.
Amendment
“That the Panel agrees to refuse the application for the reasons set out in the submitted report.”
Proposed by Councillor Danny Gibson, seconded by Councillor Margaret Brisley.
For the Amendment (2) Councillor Margaret Brisley
Councillor Danny Gibson
Against the Amendment (3) Councillor Graham Lambie
Councillor Christine Simpson
Councillor Jim Thomson
The Amendment fell by 3 votes to 2.
For the Motion (3) Councillor Graham Lambie
Councillor Christine Simpson
Councillor Jim Thomson
Against The Motion (2) Councillor Margaret Brisley
Councillor Danny Gibson
Decision
The Motion was carried by 3 votes to 2 and accordingly the Panel agreed:-
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to approve the application as it was considered to comply with Policy 15.1 of the Stirling Local Development Plan, subject to conditions;
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to remit to officers to develop the appropriate conditions to restrict the use of the cottage to holiday use.
(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 1 November 2016, submitted).
Councillor Scott Farmer and Councillor Mike Robbins rejoined the Meeting at this point.
PL483 STIRLING COUNCIL – FISHERIES ANNUAL REVIEW OF CHARGES AND POLICY
2016/2017
The Fisheries Officer introduced a report by the Director of Localities & Infrastructure which presented the annual review of fisheries charges and policy.
It was proposed that all resident and visitor permit prices be frozen at the 2016 prices for the 2017 fishing season, which ran from 1 February to 31 October.
Day permits would only be available in limited supply up until 31 August. This would mean that some of the best fishing would only be available to those persons who had purchased a season permit and should encourage an increase in sales of season permits.
It was suggested that any increase in prices above the rate of inflation might result in a decline in sales.
The reduction of carcass tags had seen fewer salmon killed in 2016. Maintaining a lower number of carcass tags issued each season, along with catch and release for day permits, would help Stirling Council’s Fisheries to maintain its conservation status and create a sustainable Fishery.
The Panel congratulated the Team on the work being carried out.
Decision
The Panel agreed:-
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to maintain the 2017 season permit prices a 2016 prices.
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to maintain carcass tags on adults’ permits at 3.
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to maintain carcass tags on juvenile permits at 1.
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to continue to prohibit day permit anglers to retain fish with one price for day permits throughout the season.
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to continue the restriction on day permits from 1 Feb – 31 August 2017.
(Report by Director of Localities & Infrastructure dated 20 October 2016, submitted).
The Panel resolved that under Section 50A (4) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for the following items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 6 & 13 and 3 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
Agenda
At this point, the Chair intimated her intention to alter the order of the Agenda. The following items were taken in the order minuted below.
PL484 APPLICATION FOR GRANT OF A TAXI DRIVER’S LICENCE
The Licensing Team Leader presented a report by the Chief Officer – Governance, which advised of an application for the grant of a taxi driver’s licence.
Police Scotland had lodged an objection in terms of Section 3(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to the suitability of the applicant as a fit and proper person to hold a taxi driver’s licence. A letter from Police Scotland setting out the reasons for the objection was attached as an Appendix to the submitted report.
The Panel heard from the Chief Constable’s representative, who provided further information and responded to a number of questions from Members.
The Applicant was not present.
Decision
The Panel agreed not to grant the application for a Taxi Driver’s Licence.
(Reference: Report by Chief Officer – Governance (Localities & Infrastructure) dated 1 November 2016, submitted).
PL485 DISABLED PERSON’S PARKING BADGE (BLUE BADGE)
The Transport Scheduling Co-ordinator presented a report by the Senior Manager – Communities & People, which advised of an appeal against the decision not to grant a disabled person’s parking badge (blue badge).
Copies of the application form, desk based assessment and independent mobility assessment report were attached as appendices to the report.
The report included details of the guidance set out in The Blue Badge Scheme
(Scotland): Code of Practice for Local Authorities and the relevant Regulations.
It was agreed that, for future appeals, the Occupational Therapist who had carried out the relevant assessment should be invited to the Panel meeting to allow Members to ask questions on how the decision had been reached.
Members were updated on progress in reviewing guidance given to Applicants, as agreed at the previous meeting.
Decision
The Panel agreed:-
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to overturn the decision not to award a Blue Badge to the Applicant at this time and to grant the Appeal;
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that, wherever possible, the Occupational Therapist who had carried out the relevant assessment should attend the Panel meeting when an appeal was being considered.
(Reference: Report by Senior Manager – Communities & People (Children,
Communities & Enterprise dated 5 October 2016, submitted).
The Chair declared the Meeting closed at 11.55 am