Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid Corporate Services Director: Nigel Stewart 22 Hill Street, Dunoon, Argyll, PA23 7AP Tel: 01369 704374 Fax: 01369 705948 26 September 2006 NOTICE OF MEETING A meeting of the BUTE AND COWAL AREA COMMITTEE will be held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY on TUESDAY, 3 OCTOBER 2006 at 10:30 AM, which you are requested to attend. Nigel Stewart Director of Corporate Services BUSINESS 1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. MINUTES (a) Minute of Area Committee of 5 September 2006 (Pages 1 - 10) (b) Minute of Civic Government Hearings of 5 September 2006 (Pages 11 - 16) 4. DEVELOPMENT SERVICES (a) Planning Application 06/01195/DET, Portavadie Estate, Portavadie Marina (Pages 17 - 32) (b) Planning Application 06/0589/DET, Seavision, Holy Loch Marina, Sandbank (Pages 33 - 64) (c) Planning Application, 06/01726/COU, Fyne Life Ltd, Upper Flat, Bedford House, Alexandra Parade, Dunoon (Pages 65 - 74) (d) Report on Appeals (Pages 75 - 76) (e) Delegated Decisions (Pages 77 - 86) 5. PUBLIC QUESTION TIME 6. OPERATIONAL SERVICES (a) Presentation on Queen's Hall and Pavilion Facilities (b) Repairs to Dunoon Pier (Pages 87 - 88) (c) Regional Transport Partnerships - Project Development (Update) (Pages 89 - 96) 7. CORPORATE SERVICES (a) Finalised Area Plan (Pages 97 - 122) 8. EXEMPT ITEMS E1 (a) Review of Public Conveniences (Pages 123 - 126) E2 (b) Proposed Assignation - Olympian Cafe, Queen's Hall, Dunoon (Pages 127 - 130) E3 (c) Sale of 60b Edward Street, Dunoon (Pages 131 - 132) E4 (d) Enforcement Reports (Pages 133 - 148) 9. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - HEARING - THE CIVIC GOVERNMENT HEARING WILL COMMENCE AT 2.00PM. E5 (a) Application for a Window Cleaners Licence - Richard Fulton (Pages 149 - 166) EXCLUSION OF THE PRESS AND PUBLIC The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973. The appropriate paragraph is:- E1 – E3 - Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. E4 – E5 - Paragraph 13 Information which, if disclosed to the public, would reveal that the authority proposes- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment. BUTE & COWAL AREA COMMITTEE Councillor Brian Chennell (Chair) Councillor Douglas Currie Councillor Robert Macintyre Councillor Bruce Marshall (Vice-Chair) Councillor Gordon McKinven Councillor James McQueen Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh Contact: Shirley MacLeod, Area Corporate Services Manager This page is intentionally left blank Page 1 Agenda Item 3a MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN'S HALL, DUNOON on TUESDAY, 5 SEPTEMBER 2006 Present: Councillor B Chennell (Chair) Councillor D Currie Councillor G McKinven Councillor R Macintyre Councillor J McQueen Councillor B Marshall Councillor L Scoullar Attending: Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services/Information Officer David Eaglesham, Area Team Leader, Development Control Brian Close, Planning Officer Allan Lothian, Area Roads & Amenity Services Manager Paul Convery, Planning/Development Officer Jim Suttie, Senior Community Education Officer Sarah Benfield, Marine Coastal Development Officer Caroline Sheen, Estates Surveyor 1. APOLOGIES Apologies for absence were intimated by Councillors Strong and Walsh. Members agreed to take an urgent item of business on the Winter Maintenance Policy Review 2006 at point 7b on the agenda, on the grounds that responses to the paper have to be submitted to the Director of Operational Services’ representative by Friday 8th September 2006. 2. DECLARATIONS OF INTEREST Councillor Currie declared a non pecuniary interest in minute items 6 (b) by reason of previous involvement with one of the parties involved. Councillor McQueen declared a non pecuniary interest in minute items 8 (a) by reason of previous involvement with the party involved. Councillor Chennell declared a non pecuniary interest in minute items 9 (c) by reason of previous involvement with the applicant. 3. MINUTES (a) MINUTES OF THE AREA COMMITTEE OF 1ST AUGUST 2006 The Minute of the Area Committee of 1st August 2006 was approved as a correct record. Page 2 4. DEVELOPMENT SERVICES (a) PLANNING APPLICATION 06/00516/DET, MR KIRWAN, 2 CROMWELL STREET, DUNOON The Senior Planning Officer distributed a late letter from the applicant. Decision The application be refused as outlined in the report by the Head of Planning. (Reference: Report by the Head of Planning Services dated 17th July 2006 – submitted) (b) PLANNING APPLICATION 04/02439/DET, COWAL LEISURE, HUNTER'S QUAY HOLIDAY VILLAGE, DUNOON There was extensive discussion on this item and on the terms of the Head of Planning’s report. Motion The Committee accept the report submitted by the Head of Planning and agree the recommendations of the Officer to refuse the application. Proposed by Councillor Chennell Seconded by Councillor McQueen Amendment That the Planning Application be granted in that:- The cumulative impact of the proposed villages will not have a serious adverse effect on the existing landform nor will the existing mature woodland on the eastern boundary be adversely affected and therefore the application is not contrary to the provisions of: SPP1, SPP2, SPP15, NPPG14, NPPG18, STRAT S11, STRAT FW2, STRAT DC7, STRAT DC8, POL RUR1, POL RUR2, POL TOUR1, POL B8 of the Cowal Local Plan and POL ENV1, POL ENV6, POL ENV7, POL ENV8, POL ENV19, LP TOUR1 of the modified finalised draft local plan 2006. The Pipistrelle Bat and the Red Squirrel are not endangered species in Argyll generally nor Cowal specifically and therefore the proposed application would not have a serious impact upon either species but would probably have a positive effect with regard to the Red Squirrel and therefore does not contravene the policies as laid out in the reasons for refusal. That conditions are tied to any approval and to be discussed and agreed between the applicant and the planning department as follows. Page 3 • Applicant and planning officers agree to find a suitable design and layout of villages L and M to more effectively screen the villages from vantage points on the Kilmun side of the Holy Loch. • The last six caravans which are proposed at the southern end next to the Golf Club and Victoria Crescent in village K be refused permission. • Early steps to be taken to more effectively screen village Q and to reinstate the high ground at the front of the quarry. • The number of stances should be reduced to the satisfaction of planning officers in relation to village R particularly the placement of stances on higher ground on the northern side and those on the southern side next to the golf club. • Tree planting to create screening should take place before any new stances are created and that consideration be given to the planting of fast growing coniferous species of tree for more effective screening in winter. • Trees which have been planted previously to act as screening but which have since died must be replaced. • Cowal Leisure should continue with its own policy of placing only caravans of the same shade of green. Proposed by Councillor Marshall Seconded by Councillor McKinven Councillor Macintyre intimated to the meeting that this application was a very serious matter for the Cowal Community and that as an elected Member from Bute he did not feel that it would be appropriate for him to participate in the decision making process. Councillor Scoullar concurred with this opinion and intimated that he would also not participate in the decision making. Councillor McQueen requested that a role call vote be taken in relation to this matter and this was seconded by Councillor Chennell. Councillor Chennell Motion Councillor Currie No Vote Councillor Macintyre No Vote Councillor Marshall Amendment Councillor McKinven Amendment Councillor McQueen Motion Councillor Scoullar No Vote There being equal votes for the Motion and the Amendment, in line with Standing Order 11.4 of the Councils Constitution, the Chairman used his casting vote in favour of the Motion. Decision The Committee accept the report submitted by the Head of Planning and agree the recommendations of the Officer to refuse the application. (Reference: Report by the Head of Planning dated 21st August 2006 – submitted) Page 4 (c) PLANNING APPLICATION 06/01461/DET, MR P WILLIAMS, LAND NORTH EAST OF BUS STATION, HIGH ROAD, PORT BANNATYNE, ISLE OF BUTE Decision A discretionary Hearing to be held prior to the determination of this application. (Reference: Report by the Head of Planning Services dated 22nd August 2006 – submitted) (d) PLANNING APPLICATION 06/01535/COU, MRS MAUREEN YOUNG, 12 GALLOWGATE, ROTHESAY, ISLE OF BUTE Decision Approved subject to conditions contained in the report by the Head of Planning. (Reference: Report by the Head of Planning Services dated 15th August 2006 – submitted) (e) INTEGRATED COASTAL ZONE MANAGEMENT OF LOCH FYNE The Committee heard from the Marine Coastal Development Officer on the current status of the Loch Fyne Integrated Coastal Zone Management (ICZM) Project. Decision The Committee noted the report and looked forward to a further report coming to committee upon the completion of the draft ICZM plan for Loch Fyne. (Reference: Report by the Marine and Coastal Development Manager dated 7th August 2006 – submitted) (f) PLANNING APPEAL Decision The Area Committee noted the report on Scottish Water’s Appeal at Land Opposite 31 and 32 Marine Place, Rothesay.