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STIRLING COUNCIL‌

 

MINUTES of SPECIAL MEETING of the PLANNING & REGULATION PANEL held by
Virtual Meeting on MICROSOFT TEAMS, ON THURSDAY 24 MARCH 2022 at 10.00 am

 

Present

 

Councillor Alasdair MACPHERSON (in the Chair)

Councillor Robert DAVIES
Councillor Scott FARMER
Councillor Graham HOUSTON

Councillor Susan MCGILL
Councillor Jim THOMSON

 

In Attendance

 

Stephanie Cameron, Licensing Team Leader (Governance)
Sarah Maguire, Planning Officer (Infrastructure)

Paul McCandlish, Solicitor – Litigation & Licensing (Governance)
Owen McConnell, Media Officer (Communities & Performance)

Michael Mulgrew, Planning Development Management Team Leader (Infrastructure)
Neil Pirie, Senior Development Control Officer (Environment & Place)

Carla Roth, Solicitor – Litigation (Governance)
Karen Swan, Committee Officer (Governance)

David McDougall, Governance Officer (Governance) (Clerk)

 

Also in attendance

Sgt Derek Simpson, Police Scotland

 

Prior to the start of the meeting, Councillor MacPherson as Chair of this Planning & Regulation Panel welcomed and thanked everyone for attending the meeting via MS Teams. He updated the meeting on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting.

 

The Chair asked the Clerk to carry out a roll call of all Members participating in the meeting.

 

PL444 APOLOGIES AND SUBSTITUTIONS

 

There were no apologies or substitutions.

 

PL445 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

Council resolved that under Section 50A (4) of the Local Government (Scotland) Act
1973, the public be excluded from the Meeting for the following item of business on
the grounds that it involved the disclosure of exempt information as defined in
Paragraphs 14 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.‌

 

The Clerk updated the meeting on the procedures related to MS Teams Civic Hearing process and the protocols that all should adhere to throughout the next item.

 

The Solicitor – Litigation also confirmed that prior to the Civic Hearing, the Panel was required to hear from both the Applicant/Agent and Police Scotland to determine whether to accept Police Scotland’s late information.

 

PL446 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI DRIVER’S LICENCE

A report by the Chief Officer – Governance was submitted that provided detail in to an application for a taxi driver’s licence, to be determined by the Planning &
Regulation Panel as the civic licensing authority.

 

The Planning & Regulation Panel agreed to adjourn the private session at 10.35am to allow for applicant and agent to review report for the above item and would reconvene at 11.15am.

 

The Chair of the Planning & Regulation Panel reconvened the public meeting at 10.40am, noting

All Elected Members, previously noted, present.

 

PL447 ERECTION OF ONE AND A HALF STOREY DWELLINGHOUSE AT LAND TO EAST 85 BALFOUR STREET, MILTON, WHINS OF MILTON - MR & MRS A HARRIS -
22/00028/FUL

 

A report was submitted by the Senior Manager – Infrastructure that detailed a proposal was considered by Planning and Regulation Panel as Councillor MacPherson had referred the application to Panel to discuss the proposals relative to the Local Development Plan.

 

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 Planning Officer introduced the report and updated Members with the presentation of maps of the proposed site.

 

In response to Members questions, the Planning Officer confirmed that the garage, which was previously included in an older planning application had been removed. It was also noted, in the opinion of Planning, the building would be seen from the road and due to size would be seen as intrusive.

 

Motion

 

The Planning & Regulation Panel is asked to refuse the application for the following reasons:

1. in the opinion of the Planning Authority, this proposal fails to comply with Policy 1.5 of the Stirling Local Development Plan 2018, since the proposal does not constitute an acceptable circumstance of housing in the Green Belt. The proposal would therefore undermine the core role and function of the Green Belt;

2. in the opinion of the Planning Authority, this proposal fails to comply with Policy 2.10 of the Stirling Local Development Plan 2018 or Supplementary Guidance: Housing in the Countryside and its Design Guide since the proposal does not meet any of the criteria of Policy 2.10 housing in the countryside; and

3. in the opinion of the Planning Authority, this proposal fails to comply with Policy 1.1 of the Stirling Local Development Plan 2018 as the proposed dwellinghouse is large and intrusive in relation to the sites context.

Moved by Councillor Graham Houston, seconded by Councillor Scott Farmer.
Amendment

The Planning & Regulation Panel agrees to approve the application for the following reasons:-

 

1. to acknowledge the abnormal site sits within the green belt and its location in relation to the existing homes in Balfour Street;

    

2. a single house in this location would not have a harmful impact on the greenbelt; and

    

3. that the site is bounded by a road, a well-established defensible boundary, with less impact of uncontrolled developments on the greenbelt.

 

Moved by Councillor Alasdair MacPherson, seconded by Councillor Robert Davies. On the roll being called, the Members present voted as follow:-

For the Amendment (2) Councillor Robert Davies
Councillor Alasdair MacPherson

 

Against the Amendment (4) Councillor Scott Farmer

Councillor Graham Houston
Councillor Susan McGill
Councillor Jim Thomson

 

The Amendment falls by 2 votes to 4 votes.

On the roll being called for the Motion, the Members present voted as follows:-
For the Motion (4) Councillor Scott Farmer

Councillor Graham Houston
Councillor Susan McGill
Councillor Jim Thomson

 

Against the Motion (2) Councillor Robert Davies
Councillor Alasdair MacPherson

 

The Motion was carried by 4 votes to 2 votes.

Decision

The Planning & Regulation Panel agreed to refuse the application for the following reasons:

1. in the opinion of the Planning Authority, the proposal failed to comply with Policy 1.5 of the Stirling Local Development Plan 2018, since the proposal had not constituted an acceptable circumstance of housing in the Green Belt. The proposal would therefore undermine the core role and function of the Green Belt;

2. in the opinion of the Planning Authority, the proposal failed to comply with Policy 2.10 of the Stirling Local Development Plan 2018 or Supplementary Guidance: Housing in the Countryside and its Design Guide since the proposal had not meet any of the criteria of Policy 2.10 housing in the countryside; and

3. in the opinion of the Planning Authority, the proposal failed to comply with Policy 1.1 of the Stirling Local Development Plan 2018 as the proposed dwellinghouse was large and intrusive in relation to the sites context.

 

(Reference: Report by Senior Manager - Infrastructure, dated 14 March 2022,
submitted)

 

Council resolved that under Section 50A (4) of the Local Government (Scotland) Act
1973, the public be excluded from the Meeting for the following item of business on
the grounds that it involved the disclosure of exempt information as defined in
Paragraphs 14 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

 

PL448 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI DRIVER’S LICENCE

(continuation of PL446)

 

The Solicitor – Litigation clarified that that prior to the Civic Hearing, the Panel was required to hear from both the Applicant/Agent and Police Scotland to determine whether to accept Police Scotland’s late information.

 

In line with the process the Solicitor – Litigation advised, the Chair invited Police Scotland the opportunity to provide clarity on the late information.

 

In line with the process the Solicitor – Litigation advised, the Chair invited the
Applicant/Agent the opportunity to provide clarity on the late information provided by Police Scotland.

 

The Planning & Regulation Panel deliberated and unanimously agreed to accept the late information from Police Scotland. Information was circulated to Panel Members.

 

The Chair of the Planning & Regulation Panel adjourned the private meeting at 12.15pm to allow Members time to read over the circulated information.

 

The Chair of the Planning & Regulation Panel reconvened the private meeting at 12.20pmam, noting All Elected Members, previously noted, present.

The Clerk updated the meeting on the procedures related to MS Teams Civic Hearing process and the protocols that all should adhere to throughout the item.

 

In line with the Civic Licensing Hearing Procedures, the Chair invited Police Scotland the opportunity to provide clarity on the application.

 

In response to a number of Members questions, Police Scotland responded with clarification and detail.

 

In line with the Civic Licensing Hearing procedures, the Chair invited the applicant the opportunity to provide clarity on their application.

 

In response to a number of Members questions, the applicant responded with
clarification and detail.

Decision

The Planning & Regulation Panel agreed to grant the license.

 

(Reference: Report by Chief Officer - Governance, dated 14 March 2022, submitted)

 

The Chair declared the Meeting closed at 1.00pm