MINUTES of MEETING of MID KINTYRE & ISLAY AREA COMMITTEE held in the COUNCIL CHAMBERS, KILMORY, LOCHGILPHEAD on WEDNESDAY, 7 MARCH 2007

Present: Councillor Alastair McKinlay (Chair)

Councillor Rory Colville Councillor Robin Currie Councillor John Findlay Councillor Alison Hay Councillor Donald Kelly Councillor Donald MacMillan Councillor John McAlpine Councillor Bruce Robertson

Attending: Deirdre Forsyth, Area Corporate Services Manager Katie McKenzie, Area Committee Assistant Donnie McLeod, Roads and Amenity Service Manager Richard Kerr, Development Control Team Leader Ann Muir, Acting Service Manager Community Care (MAKI) Felicity Kelly, Area Community Education Learning & Regeneration Manager Roy Alexander, Estates Surveyor Fergus Murray, Development Policy Manager John Welsh, Acting Head Teacher, Tarbert Academy Chief Inspector Kenny Boyter, Strathclyde Police Ron Lilley, Scottish Ambulance Service John Ironside, Strathclyde Fire and Rescue

The Chairman ruled that the business dealt with at item 17 of this Minute be taken as a matter of urgency so that the recommendation, if agreed, could be implemented at once thus enabling the contract to commence.

1. APOLOGIES

There were no apologies for absence.

2. DECLARATIONS OF INTEREST

Councillor Rory Colville declared an interest in item 3, Continuation of Planning Application 04/01606/DET, because he had previously supported windfarms in Kintyre, and is a member of ALIenergy.

Councillor Bruce Robertson also declared an interest in item 3, Continuation of Planning Application 04/01606/DET as he is the Chairman of ALIenergy.

3. CONTINUATION OF PLANNING APPLICATION 04/01606/DET

The Committee considered a report updating them on information arising since the Area Committee’s consideration of the application at the Local Hearing held on 31 st October 2006, and subsequent consideration given to the matter at the Area Committee of 24 th January 2007. There was lengthy discussion mainly concentrating on the “Waddenzee” case at the European Court and the effect that this case has on the Council’s decision. Richard Kerr explained that this case outlined the process to be followed in respect of planning applications affecting a “Special Protection Area”. He went on to say that his recommendation was for refusal on the following grounds:-

1. The windfarm is proposed in a location situated between established feeding and roosting grounds frequented by Greenland white-fronted geese, which support 8% of the over-wintering world population. The development area is in close proximity to Loch Garasdale, one of a suite of lochs forming the Kintyre Goose Lochs SSSI, which also forms part of the Kintyre Goose Roost Special Protection Area and Ramsar site. The status of the site requires ‘competent authorities’ to have regard to the requirements of EC Directive 79/409/EEC, the Conservation (Natural Habitats) Regulations 1994 (as amended) and advice given in Circular 6/1995. Having carried out an ‘appropriate assessment’ in terms of Regulation 48, the planning authority has concluded that the proposal will adversely affect the integrity of the designated site by virtue of the likely harmful effects on qualifying interests arising from risk of disturbance, and also the adverse consequences for the distribution of species within the site as a result of construction, operation and maintenance. It is also considered that the introduction of tall structures with rotating components will introduce significant risk to geese from collision during the operation of the windfarm. The vulnerability of the species to avoidable attrition, and the status of designations affording them protection, are such that inappropriate development presenting unacceptable risk of mortality should be resisted. It is not concluded that mitigation measures proposed, including the use of radar initiated shutdown of turbines to reduce the incidence of collisions, are sufficient to demonstrate with confidence that the integrity of the site is capable of being maintained should the development be permitted. The proposal would therefore have significant adverse implications for nature conservation interests of acknowledged importance, contrary to Policies STAT SI 1, DC 7 and RE 1 of the ' Structure Plan' 2002; to Policy RUR 3 of the ‘Kintyre Local Plan’ 1984; and to Policies ENV 2, ENV 3, ENV 5 and ENV 6 of the 'Argyll and Bute Local Plan' Finalised Draft 2005. It would also conflict with Policies WF 2 and WF 9 of the Council’s non-statutory ‘Wind Farm Policy’ 1995, and with government guidance given in NPPG 6 (2000), NPPG 14 (2005), PAN 45 (2002) and Circular 6/95 (as amended).

2. The development proposed would be located on hill ground facing the west coast of Kintyre, where it would not share the locational advantages of previously permitted windfarm sites, which are located on the upland spine where they benefit form the shielding effect of topography and the moderating influence of distance from sensitive viewpoints. The application site more closely relates to the coastal margin, where, despite the moderating influence of intervening landform, it will by virtue of its scale and presence in the landscape, have a more prominent visual impact on the skyline above the coastal edge, and would in turn have adverse consequences for the maintenance of landscape character. The impact of the development would be especially significant in terms of views towards Kintyre, such as those from the Isle of Gigha and from ferry routes. It would also be a significant intrusion in views from some southern parts of the Regional Scenic Area, and from certain sections of the A 83 corridor where its presence would impinge on landscape character and have adverse consequences for the cumulative impact of windfarm development in Kintyre. The development by reason of its siting and scale would therefore give rise to adverse visual and landscape impacts, which would be contrary to Policies SI 1 and DC 8 of the 'Argyll and Bute Structure Plan' 2002; and to Policies RUR 1 and RUR 2 of the ‘Kintyre Local Plan’ 1984 and the 'Mid Argyll Local Plan' 1985, which in particular, afford special protection to the Knapdale Regional Scenic Area, the West Kintyre Regional Scenic Coast, and the Gigha and West Loch Tarbert areas of local landscape significance. It would also be contrary to Policy ENV 10 of the 'Argyll and Bute Local Plan' Finalised Draft 2005, and would conflict with Policy WF 1 of the Council’s non-statutory ‘Wind Farm Policy’ 1995, and with government guidance given in NPPG 6 (2000) and PAN 45 (2002).

He also read out a letter from SNH detailing their position in regard to reason 1 in the report.

There was a discussion about the visual impact of the development.

The Committee then discussed the legal advice regarding the remaining reason in the recommendation for refusal and expressed their dissatisfaction that the European Case effectively tied their hands, giving them no opportunity to grant the application.

Decision

The Committee agreed that the application should be refused for the reason set out at recommendation 1 in Supplementary Report No. 2 by the Head of Planning.

The Committee agreed that on the following grounds, reason 2 in Supplementary report No. 2 should not apply.

The visual impact of the development and its consequences for landscape character should be regarded as being acceptable and consistent with development plan policy for the following reasons:

1. Topography, tree cover and other landscape features help shield views of the development both from nearby communities and the main road serving Kintyre. Consequently, the impact of the development at close quarters from public viewpoints is generally restricted to partial or intermittent views. The height of the turbines has been offset by a reduction in the number of turbines from 19 to 7, which allows a higher degree of visual permeability between the turbines which are now widely spaced across the site.

2. Despite its location above the coastal ridge, in medium distance views the windfarm will appear related visually to existing windfarm sites on the upland spine of Kintyre. Its presence will not therefore adversely impinge on the landscape character of the settled coastal margin or have any significant harmful consequences for the scientific qualities of the designated West Kintyre scenic coast.

3. In longer distance views of importance towards Kintyre, including those from Knapdale, Gigha and from ferry routes, the scale of the expansive horizon has the capacity to absorb the scale of this development without giving rise to overlapping or agglomeration with existing windfarm sites, without producing unacceptable cumulative impacts in key views and without windfarms becoming a defining characteristic of landscape character.

(Reference: Report dated 20 July 2006, Supplementary Report No. 1 dated 26 October 2006, Supplementary Report No. 2 by Head of Planning dated 19 January 2007 and Supplementary Report No. 3 by Head of Planning dated 23 February 2007, letter from Shepherd and Wedderburn dated 6 February 2007 and email from SNH dated 28 February 2007, submitted).

4. MINUTES OF MEETING OF 7 FEBRUARY 2007

The minutes of the meeting of 7 February 2007 were approved as a correct record.

Arising from item 4 it was noted that as Scottish Water were unable to attend any questions regarding the water supply at Machrihanish airport could be forwarded to them by the Area Corporate Services Manager. John Ironside then confirmed that there is a more than adequate supply available at the base for fire fighting. However, the issue about the adequacy of the main supply for Campbeltown being diverted to Machrihanish has still to be addressed by Scottish Water.

Decision

It was agreed that this question would be put to Scottish Water.

Also arising from item 4, John Ironside confirmed that Islay has had 79 chimney fires in the last 3 years and Strathclyde Fire and Rescue held a campaign on the island last September to raise awareness on how to prevent chimney fires and in the first 2 months this year there have only been 4, a reduction on last year.

5. AMBULANCE PRESENTATION

Ron Lilley, Operations and Support Services Manager for the south west of explained to the Committee that he has the lead role on the reduction/eradication of ‘on-call’ for the ambulance service. He explained that ‘on-call’ is when a member of staff works a full shift at the station and then takes the ambulance home overnight to enable them to respond to any calls from their house. To eradicate this a national board meet and review all area plans and there are both a local working group and a working team. One staff representative from Oban and one from Campbeltown, who experience ‘on-call’, are on the working team.

The demand for ‘on-call’ ambulance presence has increased over the years and now it can compromise day cover as staff can be off with fatigue if they have been called out through the night.

He then went on to explain to the Committee that a trial has just been completed whereby Arrochar and Inveraray crews alternate between day and night shift, working between them and although the report on this is not yet available Mr Lilley stated that during the trial the performance standard appeared to have improved.

Councillor Kelly stated that staff in Campbeltown had spoken to him as they were disgruntled with the shift patterns as they feel there is insufficient staff to meet the needs of the area and they do not want lives to be at risk due to lack of resources. Mr Lilley responded that he is confident he can work with the staff to resolve this problem although a total resolution would require doubling the number of full time staff at the station, he is sure an interim plan can be implemented until funding is identified.

Councillor Kelly then asked if is rural and urban areas were treated differently when allocating funding and Mr Lilley stated that it is equitable in terms of demand. Fewer resources are allocated to smaller settlements although there are a number of factors to consider such as the distance to complete a call.

Councillor Hay stated that she is concerned that in the winter months the road from Inveraray to Arrochar can be treacherous and if the ambulance is based in Arrochar it could take a long time to reach a call in Inveraray. Mr Lilley stated that they are looking into collacating with Strathclyde Fire and Rescue in Inveraray and are trying to improve the working lives of staff, not compromise lives.

Councillor Currie then advised Mr Lilley that he had met 3 people on the Islay ferry who were on their way to Oban but no patient transport had been arranged for them and they had been advised to get a taxi each to the hospital at a cost of £150 which would be reimbursed to them. Mr Lilley stated that a GP has to request patient transport and there has to be a medical need for it. It was agreed that Councillor Currie would contact Mr Lilley to discuss this further after the meeting,

Councillor Colville stated that in this area the air ambulance is highly valued but in some instances in Campbeltown a midwife is flown to Glasgow with a woman who is in labour and then has to make her own way home. Mr Lilley explained that they have to return escorts within a reasonable time but sometimes this is not possible and the escort has to make their own way home.

The Committee thanked Mr Lilley from coming and it was agreed to invite him back for an update in a few months time.

6. PUBLIC QUESTION TIME

The Chairman welcomed the new Chief Inspector, Kenny Boyter, to his first Area Committee meeting.

Councillor Hay asked Chief Inspector Boyter to reiterate the urgency for repairs to the A83 Tarbet to Kennacraig to Scotland TranServe as subsidence is causing lorries to almost go off the road. Chief Inspector Boyter stated that it is usually the traffic department that liaise with Scotland TranServe but he will pass the concerns on. It was also agreed to invite Scotland TranServe to a future meeting.

Councillor Currie then asked Ann Muir if she could provide a report updating Members on the IDEAS group on Islay and it was agreed this would be presented at the next meeting of the Area Committee. He also asked for a report on Jura roads for the next meeting.

7. DELEGATED DECISIONS

The Committee noted the decisions issued by the Head of Planning dated 16 February 2007.

8. PLANNING APPLICATIONS

06/02247/COU Maria Vicars Rosier. Change of Use. Use of part of an existing slaughterhouse site for the siting of a residential caravan for an unspecified temporary period. The Slaughterhouse, Craigard, Ballygrant, Isle of Islay.

Decision

That planning permission be refused for the reasons set out in the report by the Head of Planning dated 15 February 2007.

(Reference: Report by Head of Planning dated 15 February 2007, submitted).

9. PROPOSED SITE OF SPECIAL SCIENTIFIC INTEREST AND SPECIAL PROTECTION AREA FOR BIRDS

Scottish Natural Heritage has invited the Council to respond to a proposal to designate a Site of Special Scientific Interest (SSSI), and a Special Protection Area for Birds (SPA) under the European Union Habitats Directive, in respect of land to the south of Colonsay including the island of Oronsay. The Council’s views are to be forwarded to SNH who are undertaking the consultation process, the results of which will be sent to the Scottish Ministers.

Decision

The Committee agreed not to raise any objections to the proposed designations.

(Reference: Report by Head of Planning dated 9 February 2007, submitted).

10. OUTSTANDING SECTION 75 AGREEMENTS

The Committee considered a report identifying planning applications where the issuing of a decision has been delayed pending the conclusion of a legal agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997.

Decision

The Committee agreed to continue these applications pending the agreements being finalised.

(Reference: Report by Head of Planning dated 5 February 2007, submitted).

11. PROPOSED MODIFICATIONS TO FINALISED DRAFT LOCAL PLAN

The Committee considered a report detailing a small number of Proposal Map changes in an effort to remove objections to the Finalised Draft Local Plan.

Decision

The Committee agreed:

1. To approve the proposed modifications of the Proposals Maps that have been subject to extensive negotiation with interested parties. 2. To recommend to the Council that the proposed modifications to the Proposals Maps be approved and subsequently advertised for a six week period to allow representations to be made. (Reference: Report by Development Policy Manager dated February 2007, submitted).

12. DEVELOPMENT OF A NEW LOCAL TRANSPORT STRATEGY FOR ARGYLL AND BUTE

A new Local Transport Strategy (LTS) for Argyll and Bute has been under development in association with the Community Planning Partnership (CPP). A draft of the strategy has now been produced and comments are being sought by 16 th March 2007 in order to meet the timetable for adoption.

Decision

The Committee noted the production of the draft Local Transport Strategy.

(Reference: Report by Head of Transportation and Infrastructure / Head of Roads and Amenity Services dated 8 th February 2007, submitted).

13. TARBERT ACADAMY ACHIEVEMENT REPORT

The Committee considered a report outlining Tarbert Academy’s major achievements in 2005/6, including the SQA examination results for pupils who sat examinations in May/June 2006.

Decision

The Committee agreed to note the strong performance of pupils and the commitment of staff in their examination successes and in the wider aspects of achievement across the school.

(Reference: Report by Acting Head Teacher, Tarbert Academy dated February 2007, submitted).

14. ISLAY HIGH SCHOOL SATURDAY LETTING PATTERN HOURS

The Committee considered a report seeking to amend the hours when Islay High School is available for let on a Saturday morning as part of the letting pattern.

Decision

The Committee agreed: 1. To suspend standing orders in order to discuss the report of the letting pattern at Islay High School . 2. That Islay High School will be available for let from 10am to 2.30pm on Saturdays as part of the letting pattern. (Reference: Report by Area Corporate Services Manager dated February 2007, submitted).

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

15. LEASE OF ACCOMMODATION TO ARGYLL COLLEGE

The Committee considered a report outlining a request from Argyll College to lease two additional rooms on the first floor within the Kintyre Community Education Centre in Campbeltown. Felicity Kelly then explained to the Committee that the Principal Early Years Officer is going to look at the centre on Friday with a view to possibly relocating a local nursery there.

Decision

It was agreed to continue consideration of the report to the next meeting to allow the Principal Early Years Officer to view the centre, and to enable the Community Centre Council to arrange a meeting to discuss this matter.

(Reference: Report by Director of Corporate Services dated 5 March 2007, tabled).

16. FORMER ACHAHOISH PRIMARY SCHOOL

Following the relocation of Achahoish Primary School to a new site at Ormsary in October 2005, negotiations have been ongoing between the Council and Ellary Estates as to the disposal of the old school building at Achahoish.

Decision

The Committee agreed to the disposal of the Council’s title to the former Achahoish Primary School to Ellary Estates on the terms detailed in the report.

(Reference: Report by Director of Corporate Services dated 26 February 2007, submitted)

17. 06/00267/ENFOTH

06/00267/ENFOTH

Decision

The Committee agreed that enforcement action be taken as detailed in the report.

(Reference: Report by Head of Planning dated 26 February 2007, submitted).

18. CAMPBELTOWN MUSEUM

The Committee considered a report detailing progress on and proposals for the ongoing storage and conservation of the Campbeltown Museum collection.

Decision

The Committee agreed -

1. To approve the actions taken to prepare the museum artefacts for the forthcoming redevelopment of the Burnet Building, and the continuing work involved in this.

2. To approve arrangements to transfer archaeological objects temporarily to Kilmartin House Museum for stabilisation and assessment, with the objects to be returned to Campbeltown Museum at the earliest possible date. 3. To approve the deaccessioning under Museums, Libraries & Archives Council standards of items deemed not relevant to the Campbeltown collection, with a view to disposal.

4. To arrange for local Members, along with representatives from Kilmartin House Museum and the Auchendrain Museum, to view museum artefacts at a date to be confirmed.

(Reference: Report by Head of Planning and Performance dated 6 March 2007, tabled).