PLANS for a public hearing on a proposed battery storage facility near Oban have taken an unprecedented turn after the applicant appealed to the Scottish Government.
Argyll and Bute Council’s planning, protective services and licensing (PPSL) committee agreed unanimously in June to hold the hearing on the proposal by Downing Renewable Developments.
Council officers had recommended that the plans for a site west of the substation in Taynuilt be approved despite 135 objections being received from the public.
Now the applicant has appealed to Scottish ministers, meaning that a Scottish Government reporter will now rule on the application.
A hearing could yet take place as part of the appeal process, but would be chaired by the reporter, instead of the PPSL committee.
The details feature in a report to the PPSL committee for its regular meeting on Tuesday, September 16.
A council planning official said: “The applicant has now lodged an appeal on the basis of non-determination. That means that the matter has effectively been removed from council process without members having an opportunity to express a formal view and the site visit and hearing have now been superseded by the appeal and can now no longer proceed.
“While this is not a situation the council has experienced before (as far as we and planning are aware) this is something that other planning authorities have experienced and is a step that is open to the applicant in this case.
“Members are requested to note that, notwithstanding that the council has been unable to come to a formal view on this application, the role of the reporter in determining the appeal, would not have been to look at whether any decision from the council was right or wrong, but rather to look at the application De Novo, that is to say look at it from afresh on the basis of the material planning considerations that apply.
“Within the appeals process there is an opportunity for the planning authority to make submission to the reporter on the mechanism by which the appeal should be decided.
“Normally, appeals are dealt with by written exchanges, however the planning authority can request that the appeal is determined by way of an informal hearing chaired by the reporter.
“In light of the views expressed by members at the June PPSL meeting, it is the view of officers that an informal pre-determination hearing as part of the appeal process would now be the correct approach.
“This would seek to ensure that there is not a “democratic deficit” caused by the non-determination appeal, which has removed both the communities’ right to be heard, but also the opportunity for members to seek further clarification on the merits of the application before reaching a decision as had been their intention.”
The officer added: “Members did not to come to a view on the application as PPSL had previously determined that an informed decision could not be made without a hearing.
“To seek to come to a view on the application now would be contrary to that previously stated position and indeed could undermine the position that a hearing would be beneficial to the reporter in considering matters.
“However, members are able to consider whether they wish to provide further clarification on why they consider a hearing should be held by the reporter before the appeal is determined.
“That would provide an opportunity for members to expand on the views set out in the previous committee minutes when the application was deferred for a hearing, should they so wish.
“For the avoidance of doubt, the decision to hold a hearing or not lies solely with the reporter and is not a matter for any other party.”
