STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 31 JULY 2018 at
10.00 am
Present
Councillor Alasdair MacPHERSON (in the Chair)
Councillor Alistair BERRILL
Councillor Chris KANE
Councillor Jeremy McDONALD
Councillor Douglas DODDS
Councillor Graham LAMBIE
Councillor Jim THOMSON
In Attendance
Stephen Boyle, Transport Development Control Officer
Stephanie Cameron, Licensing Team Leader
Shona Campbell, Licensing Paralegal
Jay Dawson, Planning Team Leader – Development Management
RebeccaHiggins, Graduate Planning Officer
Tony Mason, Lead Solicitor (Clerk)
Mary Love, Committee Officer (Minute)
Also Present
Sergeant Claire Mackenzie, Police Scotland (Items PL148, 149 and 150)
PC Gordon Hutchison, Police Scotland (Items PL148, 149 and 150)
PL141 APOLOGIES AND SUBSTITUTIONS
Apologies were submitted on behalf of Councillor Maureen Bennison, Councillor Neil Benny and Councillor Evelyn Tweed.
Councillor Jim Thomson was in attendance as substitute for Councillor Bennison.
PL142 DECLARATIONS OF INTEREST
Councillor Douglas Dodds declared an interest in agenda item PL147.
PL143 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business.
PL144 MINUTES – PLANNING & REGULATION PANEL 29 MAY 2018
The Minutes of the Planning & Regulation Panel held on 29 May 2018 were submitted for approval.
Decision
The Panel agreed to approve the Minutes of Meeting held on 29 May 2018 as an accurate record of proceedings, subject to an amendment to Councillor Martin Earl’s surname within page 11 of the report.
The Chair outlined the new planning procedures prior to commencement of the meeting.
PL145 ERECTION OF TWO STOREY DWELLING HOUSE AT LAND 115M NORTH EAST ROSEHALL, STIRLING – ALASDAIR & MAUREEN MACGREGOR – - HEARING
Full planning permission was sought by the applicants Mr and Mrs McGregor for the erection of a two storey dwelling house.
This application reference 18/00189/FUL was called to Planning & Regulation Panel by Councillor Christine Simpson on the basis of the potential visual impact the house would have on the countryside. Carron Valley Community Council requested that a Hearing take place for this planning application.
This report formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
The Senior Planning Officer introduced the report, which provided details of (a) the site; (b) the proposal and (c) consultations.
Agent
James Reilly, Planning Consultant with Rapleys LLP presented the case in support of the application. Mr Reilly went on to explain the various stages of the application process and the timescale which took place in relation to the process of the paperwork involved in the application and was concerned that the applicant not been given the opportunity to provide further clarification requested by the Council’s Agricultural Consultant within their response date of 4 July but was not received until the 10 July.
Mr Reilly added that SAC Consulting had provided the further requested clarification paperwork, which he had brought with him for circulation at today’s meeting, if required. He also added that he and his client did not consider that the Panel Members had all the information required at this stage, to uphold the report, which recommended refusal.
Applicant
Mr Alasdair McGregor addressed the Panel regarding his application. He provided details of his investment in the farm, including the purchase of cattle, equipment and materials, all of which were purchased locally and highlighted that his son assisted him on the farm when required and highlighted that he would not use a contractor to assist with any work on the farm.
The Senior Planning Officer, agent and applicant responded to questions from the Panel. In response to a particular question from the Panel, the Senior Planning Officer clarified details regarding the first recommendation for refusal of the application and outlined the policies used to determine the application. The issue of need for a dwelling to operate the cattle business led to the involvement of an agricultural consultant to review the application, in order to gain a fuller position for the need.
Christopher Hadley, Agricultural Consultant was in attendance, following provision of a professional assessment of the submitted agricultural statement carried out on behalf of Stirling Council, and responded to various questions from the Panel.
As full planning permission was being sought today, determination for both the
agricultural justification and the design of the proposed house would have to take place, as the Council were duty bound to determine the current application and judge the design of the house presented to the Panel. It was noted that the applicant could choose to submit another application with a different house design, should the application be refused.
Discussion took place around the options available to the Panel and the applicant advised the Panel that he would be willing to look at the design of the house again. The Panel favoured the possibility of further discussions between Planning Officers and the applicant and his agent, in order to reach a mutually suitable outcome.
Motion
“That the Panel agrees to hold a site visit regarding the application.”
Proposed by Councillor Alasdair MacPherson, seconded by Councillor Douglas
Dodds.
Direct Negative
Councillor Alistair Berrill, seconded by Councillor Chris Kane, moved the direct
negative.
On the roll being called, the Members present voted as follows:-
For the Motion (4) Councillor Douglas Dodds
Councillor Graham Lambie
Councillor Alasdair MacPherson
Councillor Jim Thomson
Against the Motion (3) Councillor Alistair Berrill
Councillor Chris Kane
Councillor Jeremy McDonald
Decision
The Motion was carried by 4 votes to 3 and accordingly the Panel agreed to hold a site visit regarding the proposed application, with the application being re-presented at a future meeting of the Planning & Regulation Panel. The footprint of the proposed house was to be pegged out on site by the applicants prior to the site visit. It was also agreed that Planning Officers would liaise with the Applicant and Agent regarding the additional paperwork in relation to the agricultural operations which had been submitted and discuss alternative design plans for the proposed house within the application.
(Reference: Report Senior Manager, Infrastructure, dated 18 July 2018, submitted).
PL146 ERECTION OF 12NO. HOLIDAY CHALETS AND PROVISION OF ASSOCIATED INFRASTRUCTURE AT LAND 190 METRES NORTH OF BARNS
KNOWE, STIRLING – SPECTRUM PROPERTIES SCOTLAND – 17/00357/FUL
This planning application was referred to the Planning and Regulation Panel to allow re-consideration of the requirement for a ‘road bond’ to secure the repair of the private road within the control of the applicant.
The Report of Handling for the planning application and the Minute of the Planning and Regulation Panel of 26 September 2017 were appended to this report.
Decision
The Panel agreed to withdraw the application from today’s meeting to allow for clarity around procedures within the application to be addressed. The application will be re- presented at a future meeting of the Planning and Regulation Panel.
(Reference: Report Senior Manager, Infrastructure, dated 15 September 2017,
submitted).
In terms of Standing Order 42, the Panel adjourned at 10.40 am for a comfort break.
The meeting reconvened at 10.49am with the same Members present.
PL147 GRANT OF A STREET TRADER’S LICENCE
The purpose of this report was to provide detail in relation to the Street Trader’s Licence application lodged by Mr David Berrie, which was to be determined by the Planning and Regulation Panel.
The Licensing Officer introduced the report and informed the Panel that the applicant was in attendance to answer any questions from the Panel. One objection had been received by Councillor Douglas Dodds.
Applicant
Mr Berrie addressed the Panel and explained that none of the household items he planned to sell would be displayed on the pavement outside his house and would be contained within his front garden, which had an area which could hold ten cars. He noted that to date, there had been no car related accidents on the road outside his home. It was Mr Berrie’s intention to sell his current property and he wished to sell of some household items over a short space of time, in order to downsize his property.
Objector
Councillor Douglas Dodds addressed the Panel as an objector to the application. He highlighted road safety issues as he noted that Mr Berrie’s drive led on to a designated cycle path which runs the full length from Lepcropt into Bridge of Allan and that anyone who wished to view or purchase goods would have to stop a vehicle in a cycle lane to do so.
Councillor Dodds was instrumental in asking the Stirling Council to conduct a Road Traffic Survey along the entire length of Henderson Street for a period of one week. The measuring strip was located not far from the property concerned. The weekly traffic count going past this property was recorded as 46k vehicles per week. The average speed of vehicles exceeded the 30 mph. In the seven day period, 73.6% were recorded as speeding past this property.
Councillor Dodds then retired from the meeting room, having made his representation.
The Panel then went on to discuss the options available through discussion with the Licensing Officer.
Motion
“That the Panel agrees to grant the Street Trader’s Licence application and attach any reasonable condition(s) which the Panel deems necessary.”
Proposed by Councillor Chris Kane, seconded by Councillor Graham Lambie.
Amendment
In terms of Standing Order No 66, Councillor Alistair Berrill, having moved that the Panel refuse the Street Trader’s Licence application but having failed to find a seconder, requested that his dissent be recorded.
Decision
The Panel agreed to grant the Street Trader’s Licence application, which would include conditions restricting (a) the type of goods permitted for selling, as detailed within the application, and (b) the permitted hours for trading, which were from 10 am to 6 pm, seven days per week.
(Reference: Report Chief Officer - Governance, dated 20 July 2018, submitted).
In terms of Standing Order 42, the Panel adjourned at 11.10 am for a comfort break. The meeting reconvened at 11.15 am with the same Members present.
The Committee resolved under Section 50A (4) of the Local Government (Scotland) Act
1973 that the public be excluded from the meeting for the following items of business
on the grounds they involved the disclosure of exempt information as defined in Paragraphs 6 and 13, of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
The purpose of this report was to provide detail in relation to the licence holder’s taxi driver’s licence and the options now available to the Planning and Regulation Panel, following the Panel’s decision to suspend the licence at its meeting on 27 March 2018.
The Clerk advised that he would not explain the process on how the meeting would be conducted, given that neither the applicant nor a representative were in attendance.
The Licensing Officer introduced the report and informed the Panel that court
proceedings were now complete.
A representative from Police Scotland updated the Panel on the result of the court proceedings.
The Panel went on to discuss the application in detail.
Decision
The Panel agreed to lift the suspension and allow the licence holder to continue working as a taxi driver.
(Reference: Report Chief Officer - Governance, dated 20 July 2018, submitted).
PL149 TAXI DRIVER – RENEWAL APPLICATION
The purpose of this report was to provide detail in relation to the Taxi Driver’s renewal application lodged by the licence holder which was to be determined by the Planning and Regulation Panel (‘the Panel’).
At a meeting on 12 February 2018, the Planning and Regulation Panel agreed to suspend the licence holder’s taxi driver’s licence for the remainder of the licenced period, which was 31 July 2018.
It was noted that neither the applicant nor a representative were in attendance.
The Licensing Officer introduced the report and advised that Panel that due to
unforeseen circumstances, the applicant was unable to attend today’s meeting but had submitted a written update, which was tabled at the meeting. No further incidents had been reported to the Licensing Department since this incident took place.
A representative from Police Scotland also confirmed that the applicant had not come to the adverse attention of Police since this incident took place, and therefore Police Scotland had no objection to the licence application on this occasion.
Motion
“That the Panel agrees to grant the licence holder’s renewal application and attach any reasonable conditions the Panel deems necessary.”
Proposed by Councillor Jim Thomson, seconded by Councillor Graham Lambie.
Amendment
“That the Panel agrees to refuse the licence holder’s application.”
Proposed by Councillor Douglas Dodds, seconded by Councillor Jeremy McDonald. On the roll being called, the Members present voted as follows:-
For the Amendment (2) Councillor Douglas Dodds
Councillor Jeremy McDonald
Against the Amendment (5) Councillor Alistair Berrill
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alasdair MacPherson
Councillor Jim Thomson
The Amendment fell by 5 votes to 2.
For the Motion (5) Councillor Alistair Berrill
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alasdair MacPherson
Councillor Jim Thomson
Against the Motion (2) Councillor Douglas Dodds
Councillor Jeremy McDonald
Decision
The Motion was carried by 5 votes to 2 and accordingly, the Panel agreed to grant the licence holder’s renewal application subject to the stipulated duration of the licence and a condition that the licence holder demonstrates good behaviour in holding the taxi driver’s licence.
(Reference: Report Chief Officer - Governance, dated 20 July 2018, submitted).
The purpose of this report was to provide detail in relation to the applicant’s taxi driver’s licence application to be determined by the Planning and Regulation Panel.
It was noted that neither the applicant nor a representative were in attendance.
The Licensing Officer introduced the report and it was noted that an amendment was to be made to page 2 on the applicant’s application form, in order to reflect the correct information provided in the letter from Police Scotland.
A representative from Police Scotland noted that due to the nature of the offences committed, Police Scotland had made an objection in relation to the application being approved.
Decision
The Panel agreed to refuse the licence holder’s taxi driver’s licence application under paragraph 5(3)(a)(ii) of Schedule 1 to the Civic Government (Scotland) Act 1982. The Panel having considered the Police Scotland Report which detailed a failure to comply with the law on a number of occasions, took this decision because the Panel considered that the licence holder might be a serious threat to public safety and cause serious fear and alarm to members of the public and in particular lone and vulnerable persons and as a consequence was not a fit and proper person to hold a taxi driver’s licence.
(Reference: Report Chief Governance Officer, undated, submitted).
The Chair declared the Meeting closed at 11.40 am