STIRLING COUNCIL‌

MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 4 DECEMBER 2018 at 10.00 am

Present

Councillor Alasdair MacPHERSON (in the Chair)

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Douglas DODDS

Councillor Chris KANE
Councillor Graham LAMBIE
Councillor Jeremy McDONALD
Councillor Evelyn TWEED

In Attendance‌‌

David Crighton, Service Manager – Roads and Land

Jay Dawson, Planning Team Leader – Development Management
Scott Mason, Fisheries Officer – Environment Services

Kirsty Street, Governance Intern
Tony Mason, Lead Solicitor (Clerk)

Mary Love, Committee Officer (Minute)

Also in Attendance

Sgt Claire MacKenzie, Police Scotland (item PL195)

PL189 APOLOGIES AND SUBSTITUTIONS

There were no apologies or substitutions.

PL190 DECLARATIONS OF INTEREST

There were no declarations of interest.

PL191 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR

There were no items of urgent business brought forward.

PL192 MINUTES – PLANNING & REGULATION PANEL – 13 SEPTEMBER 2019 AND NOVEMBER 2018‌

The Minutes of the Planning & Regulation Panel held on 13 September and
6 November were submitted for approval.

Decision

The Minutes of Meeting of the Planning & Regulation Panel held on 13 September and 6 November 2018 were approved as a correct record of proceedings.

PL193 ERECTION OF SLATTED AGRICULTURAL BUILDING WITH A CONCRETE TANK BELOW AT CULTENHOVE FARM STEADING, SAUCHIEBURN,FK7 9QB - W T HENDRY & SON - 18/00560/FUL

Full planning permission was sought for the erection of a slatted agricultural building with a concrete slurry tank below.

This application had been referred to Planning & Regulation Panel under the scheme of delegation, having received 6 objections.

The 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 Development Management Team Leader introduced the report which provided details of (a) the site; (b) the proposal; (c) consultations; (d) assessment and responded to questions from the Panel.

Discussion took place around the spreading of slurry on this site and the condition of the access road and it was noted that neither matters were a material consideration for officers to take into account. It was also confirmed that there was no core path affected by the potential erection of this building.

Decision

The Panel agreed to:

1. approve the application for the following reasons:

    

   1. The proposal is considered to be of a scale and design consistent with the agricultural nature of the building and wider location, and as such consistent with Primary Policy 1 (a) and Policy 1.1 (c).

       

   2. The proposed site is closely located to a small number of other
      agricultural buildings, therefore reducing the visual impact on the
      landscape, and as such is considered consistent with Policy 1.1 (b).

       

   3. The slurry store element of the proposal is to be below ground level, with the building located to the North East of the existing buildings. It is therefore considered that there would not be any significant detrimental impact as a result of the storage of slurry at the site.

(Reference: Report by the Senior Manager - Infrastructure, dated 21 November 2018, submitted).‌‌‌

PL194 STIRLING COUNCIL – FISHERIES ANNUAL REVIEW OF CHARGES AND POLICY
2018/2019

Stirling Council own and manage salmon fishing rights on the rivers Forth and Teith and these were managed through the Fisheries Service within Operations. The service provided excellent recreational opportunities which support the local economies and communities surrounding both rivers, as well as the wider Council area. The fishery were one of the top beats in Scotland during the 2010 season and although salmon stocks had declined, it was still held in very high regard within the angling community.

The aim was to offer affordable and accessible salmon fishing opportunities while promoting the conservation of salmon and sea trout.

The fisheries officer introduced the report and responded to questions from the Panel. An in-depth discussion took place regarding the levy payment made by Stirling Council to the Forth District Salmon Fisheries Board and whether a price increase would have an effect on permit sales and how the economic benefits and tourism figures were affected. It was agreed that it would be appropriate to request that a report was remitted to the Finance and Economy Committee regarding these matters and any support that may be forthcoming.

Decision

The Panel:

1. agreed a price freeze on all permits, carrying forward the 2018 permit prices to 2019 season (Appendix 1);

    

2. agreed to continue the conservation method that adult anglers have the ability to only retain two salmon per season after 1 June, and returning all hen fish during the month of October on the basis that there is no change to our conservation status by Marine Scotland;

    

3. agreed to continue the conservation method that youth anglers have ability to only retain one salmon per season after 1 June, and returning all hen fish during the month of October on the basis that there is no change to our conservation status by Marine Scotland;

    

4. agreed to continue the period of catch and release between 1 February and 31 May for all season permit holders;

    

5. agreed to continue to prohibit day permit holders and three month permit holders to retain salmon;

    

6. agreed to continue to prohibit the retention of hen fish during the month of October;

    

7. agreed to continue the full catch and release model for sea trout between 1 February and 31 October;

    

8. agreed to continue selling corporate rods to companies and charities for a price of £296.00; and

9. agreed to request that a report is remitted to the Finance & Economy
   Committee for consideration on how fishing fits into the wider economic and tourism strategies and what support may be forthcoming.

(Reference: Report by the Senior Manager - Infrastructure, dated 20 October 2018, submitted).

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.

PL195 TAXI DRIVER

The purpose of this report was to seek a decision from the Planning & Regulation Panel with regards to the request for the suspension of the taxi driver’s licence, and how the Panel wished this to proceed.

The Clerk outlined the process on how the meeting would be conducted. The licence holder was in attendance at today’s meeting. A representative from Police Scotland was also in attendance.

The Governance Intern presented the report, which set out a number of options for the Panel to consider. A letter from Police Scotland, dated 14 November 2018, setting out the reasons for the recommendation to suspend, was attached as an appendix to the report and was read to the Panel by the Police Scotland representative. Both parties responded to questions from the Panel.

The Chair thanked the Governance Intern and representative from Police Scotland for their presentations.

The Panel then proceeded to consider the options available.

Motion

Councillor Douglas Dodds, having moved that the licence holder’s taxi driver’s licence be suspended for the unexpired portion of its duration, but having failed to find a seconder, requested that his dissent be recorded.

Decision

The Panel agreed to allow the licence holder to continue working as a taxi driver subject to the condition that the licence holder demonstrates good behaviour in their holding their taxi driver’s licence and for the licence holder’s taxi driver’s licence to be reviewed at a future meeting of the Planning & Regulation Panel prior to its remaining unexpired portion, this being until 30 September 2019. It was also agreed to attach a condition that the licence holder shall participate in a speed awareness course and attend the Safe Drive Stay Alive campaign currently being offered to the public. The Planning & Regulation Panel made this decision even though Police Scotland had
raised concerns following an incident the licence holder had been involved in on 30 August 2018, which was a material consideration for the Panel, the Panel felt that there were mitigating circumstances in respect of this incident which, on balance, meant that the licence holder has not demonstrated to be a serious threat to public safety in his role as a taxi driver, and as a consequence was a fit and proper person to hold a taxi driver’s licence.

(Reference: Report by the Chief Officer - Governance, dated 23 November 2018, submitted).

The Chair declared the Meeting closed at 11.20 am