Introduction

The Scottish Government published guidance in a 1996 Planning Advice Note (PAN) 47. This included two relevant passages:

• 'The Government is keen to see an effective community council network able to play its part in considering planning issues of local concern' (para. 1), and
• 'The Government considers that the community council has a special role, representing a broader yet still local view which can be set alongside the comments of those with a more individual interest' (para. 7).

 

1. Argyll and Bute Council's Community Council Handbook 2022 to 2026 states that, 'Planning is often a key concern of Community Councils and to the public in their area. Many Community Councils have a regular slot on their Agenda to deal with planning matters' (page 14).
2. There is a need for low-cost residential housing on the island.
3. The current CCC has updated its position on Planning, in the hope that its future involvement in planning will be transparent, consistent, fair, and supported by the community.
4. Argyll and Bute Council's existing planning process allows individuals to state their views about any planning application. These views guide Planning Officers and Councillors in reaching planning decisions. CCC can add value to this process by offering a 'broader yet still local view' of whether an application brings social, cultural or economic benefits or harms to the community.
5. CCC will play an active role in the five-yearly consultation for the Local Development Plan, which sets the framework for all planning decisions. The current plan in place is LDP2, adopted on 28th February 2024. The consultation period for LDP3 begins in 2024.
6. CCC Planning Policy 2024 supersedes any previous position taken on planning.

Classification of Planning Applications

There are three types of development:

1. National applications of strategic national importance: for example, an onshore converter station for an off-shore energy project.
2. Major applications. These are not of strategic national importance but do impact substantially on the island: for example, a large housing development.
3. Local applications constitute the vast majority

• Whether an application is categorised as National/Major/Local development is defined by the provisions of the Town and Country Planning (Hierarchy of Development) Regulations 2009.
  https://www.legislation.gov.uk/ssi/2009/51/contents/made
• It is confirmed that CCC would be approached by the Developer as part of the statutory Pre Application Consultation process in advance of any application for National or Major development being submitted. Argyll and Bute Council would issue CCC with a consultation request upon the receipt of a valid application for National or Major development.

The Scope of CCC Planning Policy

It is not the intention of CCC to involve itself in the vast majority of planning applications. However, if any of the following apply to a Local Application:

• It raises one or more important matters of principle for the island community, these principles notably include supporting an increase in a sustainable resident population of Coll and stimulating the local economy.
• Eleven or more comments are received by the CCC from residents on the electoral role.

Then CCC will follow the Planning Procedure as set out below. Our response may be supportive, critical, or neutral and merely report the spread of opinion in the community.

CCC Planning Procedure

1. An agreed member(s) of CCC will be responsible for logging into the Argyll and Bute Planning Portal; finding and emailing new applications or updates to all CCC members for information, as well as any correspondence for applications that fall within the Scope of CCC Planning Policy.
2. They (or any other member of CCC) will then draw the matter to the attention of the next CCC meeting, which will decide if an application should be put on the agenda of the subsequent public meeting. Since CCC usually has to respond within 21 days of the publication of the Weekly List of Valid Planning Applications, a holding note asking for a deferment may be sent to the Planning Department.
3. The application will then be debated at the subsequent public meeting having been advertised on the agenda. If necessary, due to CCC being in recess, a public meeting may be called to discuss the application in time to meet any Planning Department deadlines.
4. The response of CCC may be to take no action, to write a letter of support or objection or to merely reflect the views of the Community to the Argyll and Bute online planning system.
5. If time permits, the matter is considered important enough and if there are strong and diverse views across the community, CCC may decide to engage in an appropriate public consultation. Any consultation results and the way these have been gathered will be given to the Planning Authority in full.
6. At any stage in this Procedure, members of CCC should, in accordance with the principle of 'Integrity' within the Code of Conduct for Community Councillors (page 17 of the Argyll and Bute Council Best Practice Agreement 2022) express a Declaration of Interest if they have a private and/or personal interest in any matter to be considered by CCC. This is especially relevant where members of CCC have a financial or strong social interest in an application. In accordance with the Code of Conduct for Community Councillors, the other members of CCC will then decide whether that councillor has to excuse themselves from the discussion and/or vote on an application.
7. CCC’s Collective Responsibility Policy allows individual community council members to responsibly express views which may be contrary to those agreed by a majority vote of CCC.
8. The CCC Planning Policy will be reviewed annually at the CCC AGM.

Agreed 23/05/2024

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Further relevant information to be considered in reference to planning applications

Link to information about Argyll and Bute Council's Local Development Plan : https://www.argyll-bute.gov.uk/planning-and-building/planning-policy/local-development-plan-2

Link to map of Coll and Tiree, 2024 Local Development Plan 2: https://www.argyll-bute.gov.uk/sites/default/files/2023-10/LDP2_Map%20A1%20Coll%20and%20Tiree.pdf

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What kind of comments can you make on planning applications?

When making your comments, please remember that only material planning issues will be considered. These can be:

• Suitability of the site for the proposed development (e.g. contamination / flooding issues)
• Visual appearance of the proposed development and its relationship to its surroundings
• Building materials
• Height, scale, massing, design, density, and layout of development, particularly in comparison with other buildings in the locality
• Privacy, over-shadowing, over-development (overcrowding) and lack of natural light
• Environmental impact - such as pollution and contamination
• Impact on setting of listed buildings or conservation area
• Nuisances caused by the development such as noise, smell, fumes, glare from floodlights or headlights of vehicles
• Adverse safety impact, e.g. the siting of a hazardous installation such as a firework factory next to houses
• Compatibility with existing uses e.g. the mix of uses found in town centres, such as shops, offices and cafés can be mutually beneficial
• Economic benefits e.g. creation of jobs
• The needs of an area (employment, commercial, social or leisure facilities, affordable housing)
• Provision of suitable access and transportation (including road safety, parking issues, effect on pedestrians and cyclists, and amount of traffic generated)
• Adequacy of infrastructure (e.g sewerage, drainage and water)
• Creation of an undesirable "precedent", making it difficult to resist similar proposals elsewhere (but this should not be over-emphasised)
• Planning history of the site (including decisions on previous planning applications on the same site, particularly appeal or court decisions).

Are there any types of comments that are not taken into account?
Items which are not material considerations, and are therefore not relevant to planning include:

• Title restrictions
• Applicant's lack of ownership of the site
• Issues covered by other legislation e.g. health and safety regulations, licensing, building control
• Any factor indicating that there is a lack of any reasonable prospect of the development proceeding

Source:
https://www.argyll-bute.gov.uk/planning-and-building/planning-applications/commenting-planning-applications/what-kind-comments-can 17.02.2024