ARGYLL AND BUTE LOCAL PLAN

Plan Document 2

Development Control Policies

Argyll and Bute Local Plan

Development Control Policies

Introduction

0.1 The development control policies are divided into two groups for ease of use.

The mainstream development control policies

0.2 The mainstream development control policies are those most often considered when assessing planning applications. They comprise:

Pages

Chapter 1 Development zones and areas 1 – 10 Chapter 2 Environment 11 – 34 Chapter 3 Recreation and open space 35 – 44 Chapter 4 Community Facilities 45 – 50 Chapter 5 Farms, crofts and estates 51 – 54 Chapter 6 Housing 55 – 66 Chapter 7 Tourist accommodation 67 – 78 Chapter 8 Business and industry 79 – 86 Chapter 9 Retailing 87 – 96 Chapter 10 Access and parking 97 – 112 Chapter 11 Servicing 113 – 124

The specialist development control policies

0.3 The specialist development control policies are those addressing particular forms of development which require a distinctive policy response. They comprise:

Pages

Chapter 12 Aquaculture 125 – 132 Chapter 13 Forestry and woodland 133 – 136 Chapter 14 Renewable energy 137 – 150 Chapter 15 Radio telecommunication 151 – 160 Chapter 16 Mineral extraction 161 – 172 Chapter 17 MOD operational land and crown land 173 – 176 Chapter 18 Advertisements 177 – 188

Planning gain, enforcement and departures

0.4 This chapter contains proposals relating to the Councils approach to planning gain, planning enforcement and departures to development plan policy.

Pages

Chapter 19 Planning gain, enforcement and objectives 189 – 191

Glossary

0.5 A glossary defining the main terms of the plan can be found at the end of this document.

The arrangement of the policies

0.6 The policies in this plan are labelled with one or more letters and a number eg. H 1. Those labelled with the letters STRAT followed by more letters and numbers are Structure Plan policies carried over without alteration into this local plan eg. STRAT DC 7. Each policy in the plan is preceded by paragraphs which provide a brief justification. These justification paragraphs are highlighted with a bar on their right-hand side.

0.7 Policy notes are to be found in the annex at the end of most chapters. These explain how the policy is to be interpreted and applied in practise. The text may also refer to supplementary guidance to be found in the Supplementary Information and Guidance report which is a non-statutory document being prepared to accompany this local plan.

Mainstream Development Control Policies

Chapter 1 – Development zones and areas

Summary

1.1 There are 8 development control zones for Argyll and Bute. The policies applying to these zones are summarised in the Structure Plan as follows:

“1. support for medium scale development in the Main Towns 2. support for medium scale development in the Small Towns and Villages 3. support for small scale development within Minor Settlements 4. support for planned development including appropriate small scale infill, rounding-off, redevelopment and change of use to buildings within the Countryside Around Settlements 5. acceptance of only a very restricted range of development in the Greenbelt 6. support for small scale development in close vicinity to buildings and for small scale open country development, but only for occasional medium or large scale development in Rural Opportunity Areas 7. support for small scale development in close vicinity to buildings but only for occasional open country development and for occasional medium or large scale development in the Sensitive Countryside 8. acceptance of only a restricted range of development which directly supports or makes appropriate use of the natural resources in the Very Sensitive Countryside.”

The Structure Plan framework of development control zones (Justification for policies STRAT DC 1-6)

1.2 The Argyll and Bute Structure Plan establishes a framework of 8 development control zones for Argyll and Bute, excluding its Loch Lomond and the Trossachs national park sector. These zones have been mapped to reflect the general capacity and initial expectations for development to be successfully accommodated within specified categories of settlement and countryside. This in turn sets the basis for encouraging, conditionally accepting or resisting different types of development in these locations.

1.3 This arrangement of zones is formalised in the Structure Plan under STRAT DC 1, covering the settlements, and under STRAT DC 2-6, covering the countryside of Argyll and Bute. These policies STRAT DC 1-6 are carried over in full into this local plan where they become the main area based framework for development control policy.

1.4 More specific area based policies are set out in the environment chapter. Together with STRAT DC 1-6, these provide the plan’s response to pre-purchase inquiries. More detailed subject based policies eg. housing, tourist accommodation, business and industry, are to be found in the remaining topic chapters of this plan.

Development Control Zones 1 Development within settlements (Justification for STRAT DC 1)

1.5 The settlements within the plan area comprise: the 6 main towns of Campbeltown, Dunoon, Helensburgh, Lochgilphead, Oban and Rothesay; 43 small towns and villages; and 149 minor settlements. The capacity for growth and development within and around these settlements is dependant on their location, size, function and key settlement status, as well as on a variety of economic, social, transport, land use, infrastructure and environmental considerations. STRAT DC 1 sets out a very general basis for initially responding to development within the above 3 categories of settlement.

1.6 For the purposes of this plan, being in a settlement means within the settlement boundary shown on the Proposal Maps B in the planning area folder. The term ‘settlement cramming’ in the policy, refers to the over development of valuable open space within or on the edge of settlements. A local community of interest refers to the planning, economic or social interests of settlements, wards or community council areas. A wide community of interest may also embrace these interests in the wider planning area, market area or Council’s administrative area or reflect Scottish regional or national objectives.

1.7 The policy makes reference to small, medium and large scale development. These scales are further defined in the topic chapters of this plan. In the case of housing, small scale corresponds to developments not exceeding 5 dwelling units; medium scale to development of between 6 and 30 dwelling units inclusive; and large scale to development exceeding 30 dwelling units. Definitions are other terms in the policy, eg. infill and rounding-off can be found in the Glossary at the end of this document.

STRAT DC 1 – DEVELOPMENT WITHIN THE SETTLEMENTS

Encouragement shall be given, subject to capacity assessments, to development in the settlements as follows: A) Within the Main Towns to development serving a wide community of interest, including large scale development on appropriate infill, rounding-off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off, and redevelopment sites; in exceptional cases medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements eg. mineral extraction development or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Developments in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.

2 Development Control Zones Development within the countryside around settlements (Justification for STRAT DC 2)

1.8 This zone corresponds to those areas of countryside in close proximity to settlements where a more formalised, planned and co-ordinated approach to development is appropriate. With the exception of Tiree, the countryside around settlements zone, along with contained settlements, makes up the area for which settlement plans have been prepared. STRAT DC 2 sets out the basis for responding to development proposals beyond the settlements boundaries but within this settlement plan influenced zone. The policy includes a balanced approach to new dwellinghouse development on croft lands within this zone. The balance being sought is to support limited amounts of new housing on croft lands whilst discouraging the break-up of croft land assets. The policy makes reference to different types of small scale development. Definitions of these can be found on the topic chapters of this plan; in the case of housing, small scale corresponds to developments not exceeding 5 dwelling units.

1.9 Unlike other settlements in Argyll and Bute, there is no need for a planned and co-ordinated approach to development around the edges of settlements on Tiree. This takes into account the very diffuse settlement pattern on this island where there is little distinction between edges of settlements and sporadic development in the countryside. Accordingly, the plan does not propose a countryside around settlement zone on this island.

STRAT DC 2 – DEVELOPMENT WITHIN THE COUNTRYSIDE AROUND SETTLEMENTS

A) Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C)*. In special cases, a locational need or exceptional circumstance may justify a development. B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets. C) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan. *Structure Plan policy AC 1 C) has been incorporated into policy F 1 in this local plan (page 53).

Development Control Zones 3 Development within the greenbelt (Justification for STRAT DC 3)

1.10 In conformity with the Structure Plan, this local plan deploys the greenbelt zone and policy as the appropriate planning response to the Glasgow conurbation-related development pressure along the Dumbarton-Cardross-Helensburgh-Rhu-Shandon corridor. This planning response may be viewed as a more restrictive form of countryside around settlement zone wherein only very limited categories of development are considered acceptable.

1.11 The greenbelt zone serves to maintain settlement separation, prevent urban sprawl and to provide an attractive setting for its settlements. Appropriate countryside management should be pursued within the greenbelt in order to sustain its agricultural, access, recreational, amenity and tourism-related roles. The tourism role is restricted to those forms which directly support farm diversification or recreational use of land.

STRAT DC 3 – DEVELOPMENT WITHIN THE GREENBELT

A) Within the Greenbelt, encouragement will only be given to very limited and specific categories of countryside-based development. These comprise: 1. agricultural-related development. 2. farm diversification – tourism related development (excluding dwellinghouses). 3. outdoor sport and recreational development. 4. development required to manage and sustain the natural heritage and access resources of the Greenbelt. 5. demolition and replacement of buildings and alterations or extensions to buildings, including dwellinghouses, subject to no change of use occurring. 6. change of use of buildings, including alterations and subordinate extensions of such buildings to residential institutional use (Use Class 8 B and C). B) In exceptional cases, a development outwith categories A) 1-6 above may accord with this policy when it is successfully demonstrated that the proposal will: 1. retain a significant building at risk or 2. directly support the provision of vital infrastructure or 3. involve building development directly supporting recreational use of land. C) Developments which do not accord with this policy are those outwith the categories A) 1-6 and B) above. D) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan.

4 Development Control Zones Development in rural opportunity areas (Justification for STRAT DC 4)

1.12 This zone corresponds to those areas of countryside where there is a general capacity to successfully accommodate small scale housing and other forms of development. This includes development in open locations or in close proximity to existing buildings. Such development will be subject to assessment by the planning authority as to whether the development accords with Planning Advice Note 36 – Housing in the Countryside. In the case of medium or large scale development being proposed within this zone, then a special case approach supported by an area capacity evaluation undertaken by the planning authority is required.

1.13 The area capacity evaluation process is referred to in the Structure Plan and is described in general terms as

“an assessment undertaken by the planning authority to establish the capacity of the wider countryside area containing the application site to successfully absorb development (this wider area may be the whole or part of the Development Control Zone or an ‘area of common landscape character’ containing the site”.

More detailed guidance on this area capacity evaluation process is to be found in policy note 1 in the annex at the end of this chapter.

1.14 Reference should be made to the topic chapters to determine which scales apply to particular categories of development. In the case of housing, small scale corresponds to developments not exceeding 5 dwelling units; medium scale to development of between 6 and 30 dwelling units inclusive; and large scale to developments exceeding 30 dwelling units. Where croft lands coincide with this zone, then a balanced approach is required, supporting limited amounts of new housing whilst discouraging the break-up of croft land assets.

STRAT DC 4 – DEVELOPMENT IN RURAL OPPORTUNITY AREAS

A) Within Rural Opportunity Areas encouragement shall be given to small scale development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and settlement pattern; this may include small scale development in the open countryside as well as small scale infill, rounding-off, redevelopment and change of use of building development. B) On individual crofts housing development shall be limited to a single dwellinghouse on a bareland croft or a single additional dwellinghouse and is subject to consistency with STRAT AC 1 C)*. C) In special cases, a medium or large scale development may be supported if this accords with an area capacity evaluation which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and will entail or result in at least one of the following outcomes: 1. a positive development opportunity yielding significant countryside management or environmental enhancement benefit, or building retention benefit, or local community benefit, or economic benefit OR 2. a development with a locational need to be on or in the near vicinity of the proposed site. D) Developments which do not accord with this policy are those outwith categories A), B) and C) above and those with incongruous and unacceptable siting and design characteristics, including development resulting in undesirable forms of ribbon development or settlement coalescence. E) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan. *Structure Plan policy STRAT AC 1 C) has been incorporated into policy F 1 in this local plan (page 53).

Development Control Zones 5 Development in the sensitive countryside (Justification for STRAT DC 5)

1.15 This zone may be viewed as intermediate between rural opportunity areas and very sensitive countryside in terms of its sensitivity, landform, development capacity and location. Within the sensitive countryside there is only a general capacity to successfully absorb small scale development where this is in close configuration with existing buildings. However, with careful attention to ‘designing-in’ a development, it may be possible to successfully accommodate larger scale proposals or development in more open locations. These will require an exceptional special case approach backed up by an area capacity evaluation. Where croft lands coincide with the sensitive countryside, the balanced approach of encouraging limited amounts of new housing whilst safeguarding the croft land assets may actually favour single houses in open locations on bareland crofts.

1.16 The area capacity evaluation process referred to in the policy is defined in general terms in preceding para 1.13 and more detailed guidance on this process can be found on policy note 1 in the annex at the end of this chapter. Reference should be made to the topic chapters to determine which scales apply to particular categories of development. In the case of housing, small scale corresponds to development not exceeding 5 dwelling units; medium scale to development of between 6 and 30 dwelling units inclusive; and large scale to developments exceeding 30 units.

STRAT DC 5 – DEVELOPMENT IN SENSITIVE COUNTRYSIDE

A) Within Sensitive Countryside encouragement shall only be given to small scale infill, rounding-off, redevelopment and change of use of building development or to single dwellinghouses on bareland crofts or single additional dwellinghouses on individual crofts subject to consistency with STRAT AC 1 C)*. B) In special cases, development in the open countryside and medium or large scale development may be supported if this accords with an area capacity evaluation which demonstrates that the specific development proposed will integrate sympathetically with the landscape and settlement pattern and that the development will entail or result in at least one of the following outcomes: 1. a small scale housing development which accords with the area capacity evaluation OR 2. a positive development opportunity yielding significant countryside management or environmental enhancement benefit, or building retention benefit or local community benefit or economic benefit OR 3. a development with a locational need to be on or in the near vicinity of the proposed site. C) Developments which do not accord with this policy are those outwith categories A) and B) above and those with incongruous siting, scale and design characteristics or resulting in unacceptable forms of ribbon development or settlement coalescence. D) Developments are also subject to consistency with other policies of the Structure Plan and in the Local Plan. *Structure Plan policy AC 1 C) has been incorporated into policy F 1 in this local plan (page 53).

6 Development Control Zones Development in very sensitive countryside (Justification for STRAT DC 6)

1.17 As its name implies, the very sensitive countryside zone has extremely limited development capacity. It includes wild and remote coasts, upland and mountain areas and also low-lying ground where there are extensive tracts of natural resources which are essentially incompatible with most forms of development. Development within this zone can expect to be resisted unless it meets stringent criteria focusing on existing buildings (of which there are very few within this zone) or else it directly relates to the use of and management of the natural resources of the area. In other words, there has to be good and specific reason for the development to be located in the very sensitive countryside eg. a wind farm, telecommunication mast, agriculture and forestry related development or a specialist tourist activity.

STRAT DC 6 – DEVELOPMENT IN VERY SENSITIVE COUNTRYSIDE

A) Within the Very Sensitive Countryside encouragement will only be given to specific categories of development on well chosen sites. These comprise: 1. renewable energy related development which is supported by policies STRAT RE 1 and 2*. 2. telecommunication-related development. 3. development directly supporting agricultural, forestry, nature conservation or other established use activity.

B) In exceptional cases a development with a locational need or directly providing a specialist tourist facility may be supported. C) Developments which do not accord with this policy are those outwith categories A) and B) above and those with incongruous and unacceptable siting, scale and design characteristics including development which breaches the overall carrying- capacity of the wider landscape, coastscape and natural environment. D) Developments are subject to consistency with other policies of the Structure Plan and in the Local Plan. *see pages 139 and 145 of this Local Plan.

Development Control Zones 7 Allocations, potential development areas and areas of search

1.18 Within the framework of the development control zones, the plan proposes allocations, potential development areas and areas of search. These are shown in the proposal map folders. The policies relating to these areas are set out under their respective headings below. Reference should also be made to development briefs for the allocations and area remits for the potential development areas. These are being worked up for inclusion in the Supportive Information and Guidance report.

Allocations

1.19 The allocations are intended to provide the formal development land supply over the plan period. They are set out in schedules in Plan Document 1 (pages 37-56). The plan encourages development which is in accord with these allocations as follows.

AL 1 – DEVELOPMENT IN ALLOCATIONS

A) Development within an allocation will be supported by this plan where this is consistent with the allocations as described in its respective schedule in Plan Document 1 and as shown in the proposal map folders. B) Developments which do not fully accord with these allocations will be resisted unless, in exceptional circumstances, the development is judged by the planning authority not to undermine the overall intentions of the plan for that area.

Potential development areas

1.20 The potential development areas can comprise one or more potential development sites which may or may not be clearly defined as yet. Unlike the allocations, they are being treated by this plan as not currently effective until constraints to their development are overcome. New development within these areas is conditional on the proposal meeting the terms of policy PDA 1 below.

PDA 1 – DEVELOPMENT IN POTENTIAL DEVELOPMENT AREAS

A) Development of any part of a potential development area shall demonstrate that it is consistent with and will not prejudice a comprehensive development approach for the whole of the potential development area. This shall take into account: the intentions of the settlement plan covering the area; the effective phasing of development; and the need to make appropriate area wide provision for servicing, access, layout and design. B) Development within a potential development area within the greenbelt does not accord with this local plan unless such development is demonstrated to be consistent with the Structure Plan*.

*As of January 2004, this will require an alteration to the Structure Plan with the effect of supporting the potential development areas within the greenbelt.

8 Development Control Zones Areas of search

1.21 Areas of search have been incorporated into the settlement plans and are located in the countryside around settlements or greenbelt zones (outwith the settlement boundaries). They represent areas which are worthy of consideration for development purposes in the longer-term, looking beyond the plan period. Development within an area of search during the plan period will not accord with this plan. There is no commitment to their future development. Development within an area of search will be subject to the restrictive policy AOS 1 below.

AOS 1 – DEVELOPMENT IN AREAS OF SEARCH

A) Other than specified in B) below, development in areas of search within the countryside around settlements and greenbelt zones shall be resisted. B) The principle of the following limited categories of development is supported within those areas of search: 1. development which is wholly ancillary to existing lawful uses and buildings and 2. development which is consistent with policies STRAT DC 2 and 3 which apply to these zones.

Development Control Zones 9 Chapter 1 – Annex

Policy notes:

1. Area Capacity Evaluation a The Structure Plan and this local plan makes specific reference to ‘area capacity evaluations’ (ACE’s) in its policies STRAT DC 4 and 5. These policies relate to rural opportunity areas and sensitive countryside respectively. The ACE process is described by these policies in general terms as: “area capacity evaluation – this is an assessment undertaken by the planning authority to establish the capacity of the wider countryside area containing the application site to successfully absorb development (this wider area may be whole or part of the Development Control Zone or an ‘area of common landscape character’ containing the site)”. 2. The Supplementary Information and Guidance report provides further advice on when and how ACE’s will be undertaken by the planning authority.

10 Development Control Zones Chapter 2 – Environment

Summary

2.1 The plan seeks to sustain the environment of Argyll and Bute by safeguarding and promoting the enhancement of its natural and historic environment.

2.2 The policies also address the setting, layout and design of development. In so doing, they seek to improve the quality of developments and to integrate development with the variety of landscape and settlements found in Argyll and Bute.

2.3 When difficult judgements are involved, balancing short- and long-term environmental, economic and social issues, then a framework to guide such decisions is required. The plan includes a sustainable development test for this purpose.

Development and the environment

2.4 This chapter focuses on the impact of development on the environment in Argyll and Bute. For the purposes of this plan, “development” refers to those forms of development requiring planning permission. “Environment” means external surroundings which may interact with development and with associated land or water use. The environment may comprise the following: natural heritage including - ecosystems, biodiversity, nature conservation sites, habitats, species, landscapes and coastscapes. historic environment including - townscape, streetscape, buildings, spaces, historic and designed landscapes and archaeology. physical systems including - atmosphere, light conditions, land surfaces, water bodies and catchments and underground drainage and strata.

Sustainable development (Justification for STRAT SI 1)

2.5 An international framework for achieving sustainable development is based on development which:

“meets the needs of the present generation without compromising the ability of future generations to meet their own needs”.

(Source: Our Common Future (The Brandtland Report) Report of 1987 World Commission on Environment and Development).

A further dimension to sustainable development is included in the following statement:

“….. means living on the earth’s income rather than eroding its capital. It means keeping the consumption of renewable natural resources within the limits of replenishment. It means handing down not only man-made wealth (such as buildings, roads and railways) but also natural wealth”.

(Source: Department of Environment White Paper 1990 “This Common Inheritance”).

Environment 11 2.6 The Argyll and Bute Structure Plan includes objectives which provide a context for pursuing sustainable development within Argyll and Bute

“to treat the rich natural and historic environment of Argyll and Bute as a not fully realised economic asset which, if safeguarded and enhanced, can stimulate further investment and increased economic activity. to enhance and invest in the quality of the natural and built environment and to engage development more effectively with this enhancement process. to promote appropriate responses to the variety of challenging economic, transport-related and planning circumstances facing these local communities. to safeguard the diverse and high quality natural and built heritage resources, including the abundant landward and maritime biodiversity of Argyll and Bute. to reinforce the strength of protection given to the European and national statutorily protected nature conservation sites, habitats, species and built heritage sites, with which Argyll and Bute is particularly richly endowed”.

2.7 The Structure Plan identifies a sustainable approach to these objectives by identifying four general principles to guide decision-making:

“1. The Win/Win Principle – considering the short- and long-term from the outset and favouring the most sustainable option; this entails safeguarding, and adding value to economies AND the environment.

2. The Biodiversity Maintenance Principle – reinforcing habitats and variety of life allied to the Local Biodiversity Action Plan and partnership process.

3. The Precautionary Principle – based on prudent avoidance and risk assessment.

4. The Polluter Pays Principle – based on natural justice and effective enforcement.”

2.8 The land use and transport aspects of sustainability are brought together in the Structure Plan under policy STRAT SI 1. This is carried over as the first sustainable development policy of this local plan.

12 Environment STRAT SI 1 – SUSTAINABLE DEVELOPMENT

A) Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: a) maximise the opportunity for local community benefit; b) make efficient use of vacant and/or derelict brownfield land; c) support existing communities and maximise the use of existing service infrastructure; d) maximise the opportunities for sustainable forms of design, including energy efficiency; e) avoid the use of prime quality or locally important good quality agricultural land; f) use public transport routes fully and increase walking and cycling networks; g) avoid the loss of recreational and amenity open space; h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources; i) respect the landscape character of an area and the setting and character of settlements; j) avoid places where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and k) avoid having an adverse effect on land, air and water quality.

Environment 13 Sustainable development test (Justification for policy E 1)

2.9 This local plan expands on the Structure Plan by providing a development control dimension and a more practical basis for determining whether a particular development should be considered as sustainable or not. This is in the form of a sustainable development test introduced under policy E 1. The test is important whenever social, economic and environmental issues associated with a development are finely balanced and carefully weighted judgements are required. The basis for these judgements is set out Schedule E 1 below. Reference should also be made in due course to the Supplementary Information and Guidance report. This will identify key features of the environment which are to be sustained

Schedule E 1 – Sustainable development test criteria

1. Development which has no significant impact on nationally or locally important natural or historic environment resources shall be treated as being sustainable for the purposes of policy E 1. 2. Development which does impact on natural and historic environment resources can be treated as sustainable, but only if the development does not adversely affect the overall integrity, functioning or the most prized or vital aspects of these resources ie. their key features. 3. If significant adverse impact on nationally important natural and historic environment resources is judged to occur, then the only circumstances when a development will be treated as sustainable is as follows: When there are overriding social or economic factors of ‘national’ importance (not local importance), which tip the balance in favour of the development. This is notwithstanding the added strength of protection given to nationally important natural and historic environment resources. In such circumstances, a planning approval will be as a departure to this plan. Factors of ‘national importance’ are those as may be advised by the Scottish Executive or as inherent in the determining decision by the Scottish Executive on a planning application. 4. If significant damage to locally important natural and historic environment resources is judged to occur, then the only circumstance when a development will be treated as sustainable is as follows: when there are overriding social or economic factors of ‘national’ or ‘local’ importance, which tip the balance in favour of the development. In such circumstances a planning approval will be as a departure to this plan. Factors of ‘local importance’ are those considered to be material by the planning authority.

E 1 – THE SUSTAINABLE DEVELOPMENT TEST

A) All development proposals shall be consistent with the ‘sustainable development test’ criteria presented in Schedule E 1. B) A development which is judged by the planning authority with reference to these criteria to be sustainable accords with this policy and passes the test. Conversely, a development which is judged by the planning authority with reference to these criteria to be non-sustainable is contrary to this policy and fails the test.

14 Environment Flooding and land erosion (Justification for STRAT DC 10)

2.10 The Argyll and Bute Structure Plan requires flooding and land erosion to be addressed by this local plan.

“National Planning Guidance advises that flooding liability is a ‘material planning consideration’. Planning authorities are advised to form flood appraisal groups whilst identifying areas subject to risk from flooding and areas where the threat might be managed. This will be taken forward in the Argyll and Bute Local Plan along with land erosion, which is also an issue in Argyll and Bute. STRAT DC 10 presents the basic criteria which development must satisfy in this regard”.

2.11 The Structure Plan policy STRAT DC 10 is carried over in full into this local plan as set out below.

STRAT DC 10 – FLOODING AND LAND EROSION

Proposed development which would be at significant risk of flooding or from erosion, or which would increase the risk to other land and property, or occupy the functional flood plan, will not be in accord with the structure plan. In some places, where it is feasible to manage the threat, suitable mitigation or other measures may be possible.

The risk framework for flooding and land erosion (Justification for policy E 2)

2.12 Reliable data on the incidence and level of flooding within Argyll and Bute may not always be readily available. This can make it difficult to predict whether potential development sites will be subject to flooding or not. The known incidences of significant flooding in Argyll and Bute has largely coincided with town centre waterfronts. Other flooding areas are associated with wind driven tidal incursion or with relatively tightly confined flood plain areas bordering river courses. Land liable to erosion, landslip or subsidence is also a material planning consideration. In Argyll and Bute, these conditions are mainly associated with coastal erosion (eg. in the vicinity of sand dunes and machair) or with coastal cliff landslip (eg. on the A82) or weathering (eg. at Gruline on Mull).

2.13 Argyll and Bute Council requires a ‘flood risk assessment’ to be submitted with planning applications for vulnerable development categories likely to be significantly at risk from flooding as indicated by a trigger map. This trigger map is currently based on annual probability of 1:100 (source of trigger map flooding information SEPA). The draft SPP 7 on Planning and Flooding introduces a ‘risk framework’ based on:

Little or no risk area: less than 1:1000 annual probability Low to medium risk area: 1:1000 – 1:200 annual probability High risk area: 1:200 or greater annual probability

2.14 In tune with this risk framework, the Council, through its ‘Flood Appraisal Group’ process, is seeking to update its trigger maps, to be based 1:200 or greater probability. Until this information is available in map form, then the trigger for requiring applicants to submit a ‘flood risk assessment’ will remain the Council-held 1:100 based trigger maps supplemented as appropriate with any relevant local knowledge on flooding. This approach underpins the flooding element of policy E 2. In the case of land erosion, the trigger maps have been founded on known events and local knowledge and do not require the more sophisticated approach appropriate to the management of flooding. This is reflected in the wording of policy E 2.

Environment 15 2.15 Within high risk areas (1:200 or greater annual probability of flooding) only limited categories of development are acceptable. These are set out in Schedule E 2 a.

Schedule E 2 a – Generally acceptable developments within high risk areas for flooding a Residential, commercial and industrial development within areas already built- up and safeguarded by the minimum standard of existing or strategically planned for flood defenses (no such areas currently exist within Argyll and Bute). b Development on undeveloped or sparsely developed areas including the functional flood plain and comprising: - Essential development such as navigation and water based recreation use, agriculture and essential transport and utilities infrastructure. Essential infrastructure should be designed and constructed so as to remain operational in the event of flooding - Recreation, sport, amenity and nature conservation uses (subject to adequate warning and evaluation procedures are in place. - Job related residential use with a locational need eg. for caretaker or operational staff. - Development which is ancillary to an existing lawful use; building replacement; alterations and extensions; change of use and redevelopment and not involving a significant intensification of use. - minor access, servicing, ground or engineering works which will not exacerbate flooding problems. c Development which is in accord with flood prevention or management measures as specified in association with a local plan allocation or development brief.

2.16 Within land erosion risk areas, only limited categories of development are acceptable. These are set out in Schedule E 2 b below.

Schedule E 2 b – Generally acceptable developments within land erosion risk areas a Development which is ancillary to an existing lawful use or involves a building replacement, alteration, extension or provision of minor access works. b Development which is in accord with land stabilisation measures as specified in association with a local plan allocation or development brief.

12.17 In addition to policy E 2, reference should be made to the Scottish Planning Policy SPP 7 and accompanying Planning Advice Note together with the guidance on flooding and land erosion which is to be set out in the Supplementary Information and Guidance report .

16 Environment E 2 – FLOODING AND LAND EROSION THE RISK FRAMEWORK FOR DEVELOPMENT

Flooding A) All types of development within “little or no risk areas” (of less than 1:1000 annual probability* of flooding) are acceptable in terms of this policy unless local circumstances indicate otherwise. B) All types of development, excluding new essential civil infrastructure, within “low to medium risk areas” (of between 1:1000 and 1:200 annual probability of flooding) are acceptable in terms of this policy unless local circumstances indicate otherwise. Development for new essential infrastructure within these areas shall be resisted unless the use is already established or unless a special case justifying the development is successfully demonstrated. Access to such development must be guaranteed and be capable of remaining operational during extreme flooding occurrences. C) Within “high risk areas” (1:200 or greater annual probability of flooding) only those categories of development indicated in Schedule E2a are acceptable; exceptions may be made when justified by local circumstances. Land Erosion D) Within land erosion risk areas, new development, other than the categories specified in Schedule E2b shall be resisted; exceptions may be made if the proposal successfully demonstrates that the level of risk is acceptable having regard to the nature of the development proposed, operational considerations and land erosion remedial measures to be undertaken. Risk Appraisals E) Flood risk appraisals or land erosion risk appraisals shall accompany development applications when required by the planning authority, in consultation with the Scottish Environment Protection Agency. This requirement shall have regard to information held by the planning authority on its Flooding and Land Erosion Trigger Maps and to awareness of potential for flooding or land erosion risks associated with the specific development proposed and its impact on the site and neighbouring properties.

Environment 17 Vacant, derelict and contaminated land

2.18 Whilst vacant, derelict and contaminated land is not a significant issue within Argyll and Bute, a framework for considering development proposals which have an impact on, or relationship with such land is required. This is not viewed as a core policy issue of this plan and accordingly the planning response is to be included in the Supplementary Information and Guidance report. This will also contain guidance relating to the process for ‘contaminated land assessment’.

Bad neighbour development (Justification for policy E 3)

2.19 The term ‘bad neighbour development’ is used in this local plan to refer to development which is judged to be incompatible with its neighbouring land uses or operations or property*. The degree and fact of land use incompatibility often requires careful consideration and is not a straightforward issue eg. Relatively low key commercial business operations may be judged to be compatible within a residential location whilst other more intensive operations may not. In some cases, land use compatibility may be achieved by the imposition of appropriate planning conditions. Safeguarding zones also have an important role to play. However, whenever the degree and fact of the circumstances surrounding a planning application point to a clear land use incompatibility, then a refusal of planning permission can be expected.

*a development which is publicised under planning regulations as a potential ‘bad neighbour development’ is not necessarily a ‘bad neighbour’ until, and unless, so decided through the determination of a planning application.

2.20 New development may be acceptable depending on whether it is compatible with existing lawful uses. Compatibility works in both directions. The proposed development may cause bad neighbour impacts on adjacent land use or else the existing lawful use may potentially cause bad neighbour impact on the proposed development. Similarly, safeguarding zones may already be established and require adherence to or else, the proposed development may require a safeguarding zone to be introduced. It is important to note that even in circumstances of ‘bad neighbour in reverse’ ie. whenever the existing lawful use is judged to be the bad neighbour, then a refusal of planning permission for the apparently less intrusive proposed use may be appropriate.

2.21 Policy E 3 seeks to provide a balanced approach to this core development control issue. Reference should be made to the Supplementary Information and Guidance report when available. This guidance will include advice on procedure and interpretation, indicates forms of potential bad neighbour impact and lists different categories of safeguarding zone.

2.22 Part C) of policy E 3 refers to the need not to prejudice the operational integrity of safeguarded land use and operations. For example, residential and other occupied development can expect to be resisted if the proposal is located within a cordant sanitaire (safeguarded zone) associated with waste water treatment plant and in conflict with the odour control model underpinning the operation of such plant.

18 Environment E 3 – BAD NEIGHBOUR DEVELOPMENT AND SAFEGUARDING ZONES

Introducing new bad neighbour development A) Development and associated land use shall not originate nor give rise to substantial bad neighbour impacts which are significantly injurious to, and incompatible with the continuing lawful use of existing neighbouring land and property. In appropriate cases, a development may be considered acceptable subject to a ‘cordon sanitaire’ or other protective zone or measure being placed around the development site by way of planning conditions, designation or agreement. Introducing development into areas containing bad neighbour development B) Development and associated land use shall not be located where significant bad neighbour environmental impact is likely to effect the proposed uses as a result of proximity to existing lawful and eventually incompatible land use. C) Development and associated land use shall not prejudice the operational integrity of safeguarded land use and operations.

Environmental impact and risk assessments

2.23 The quality of development control decision-making is highly dependent on the quality of information submitted with a planning application. Advice on these matters is to be set out in the Supplementary Information and Guidance report. This guidance distinguishes between formal statutory Environmental Impact Assessments, additional environmental information required by the planning authority (Article 13 requirements) and other related forms of risk assessment.

Environment 19 Natural heritage

2.24 For the purposes of this plan, natural heritage comprises biological, geographic and physical resources such as land form, eco-systems, habitats, flora and fauna. Heritage value can be associated with nature conservation, geology, landscape and land use and with scientific, aesthetic, cultural and historic interests. These interests range from the statutorily protected to non-protected resources and from internationally (European), to nationally and to locally, valued sites. Not all of these interests are site based eg. in the case of protected species. The Argyll and Bute ‘local biodiversity action plan’ will play an increasingly important role in identifying and promoting action to safeguard and enhance biodiversity.

2.25 Development can impact on the viability and condition of these resources and assets, both directly and in terms of cumulative impact. National planning guidance requires planning policy and development control practise to safeguard these interests with added strength of protection for European and nationally identified and designated sites, habitats and species. These resources are richly manifest in the landward and maritime locations in Argyll and Bute.

2.26 In order to conform with the Argyll and Bute Structure Plan and to clarify which aspect of natural heritage is being referred to, the development control policies in this plan are arranged under the headings of development impact on nature conservation, on landscape, on woodlands and on foreshore.

Development impact on nature conservation interests (Justification for STRAT DC 7)

2.27 Approximately 8% of the land area of Argyll and Bute is covered by statutory nature conservation designations. The west generally and Islay in particular has the highest percentage of coverage (25%). The remaining 92% of Argyll and Bute contains a wide range of habitats where conservation and enhancement are also important and where ecological sensitivities need to be recognised. These range from inland lochs such as Loch Awe and Loch Avich; to substantial sections of isolated coast; to various coastal features including dunes and machair; and to a variety of woodland, wetland, peatland, silt marshes, blanket bog, raised mires, mud flats and river and water courses. The scientific value of these resources is very significant and there are considerable educational, recreational and economic added values, existing and potential, associated with these assets.

2.28 The Structure Plan describes the relative value of these national heritage assets in the following terms:

“Nature conservation designations are likely to contain key environmental features which are vulnerable to adverse development impact and land use change. In most instances, there is a close association between the key environmental features which require to be safeguarded and the actual protected area of the formal designation. In other cases, the relationship between the designation boundary and the nature conservation interest is more loosely formed and relates to specific features within or extending beyond the designated area. Nature conservation designations range from European sites eg. Natura 2000 Sites – to nationally important statutorily protected sites eg. Sites of Special Scientific Interest – to more local non-statutory designation eg. Local Wildlife Sites.

In the case of non-statutory designations, the process of protecting these interests is often associated with a reaction to a particular development proposal. Here, the strength of protection depends on the balance of short- and long-term economic, social and environmental implications of the development. On the other hand, in the case of statutorily protected nature conservation interests, there is added strength of protection, particularly when natural resources of international or national acclaim are involved. Here, the strength of protection is heavily and properly weighted towards the nature conservation interest and is backed up by referral process. If development is considered to damage these statutorily protected nature conservation interests, then the development should be viewed as being non-sustainable unless there is a counter- balancing support for the proposal on social or economic grounds of national importance …..”

20 Environment 2.29 The Structure Plan policy STRAT DC 7 provides a broad basis for considering development impacts on nature conservation interests in Argyll and Bute. The policy is carried over in full into this local plan. Schedule DC 7 below lists the categories of development likely to be in conflict with the purposes of statutorily protected nature conservation sites.

Schedule DC 7 – Development which is generally incompatible with statutorily protected nature conservation sites

Development categories which are likely to be in conflict with the purposes of statutorily protected nature conservation sites include the following: - the erection of new buildings other than subordinate extensions to existing buildings or ancillary buildings within the curtilages of existing dwellinghouses. - change of use of land or buildings including change to recreational use. - new energy or telecommunication related development. - new sewage treatment, waste management or water supply development. - mineral extraction development. - new transport facilities or access provision other than subordinate alterations to existing accesses. - fin-fish farming

2.30 Reference should also be made to the Supplementary Information and Guidance report when available. This will include a list of statutory and non-statutory categories of protected nature conservation sites arranged into a hierarchy.

STRAT DC 7 – NATURE CONSERVATION AND DEVELOPMENT CONTROL

A) Development likely to have a significant effect on a Natura site will be subject to an appropriate assessment. The development will only be permitted where the assessment indicates that it will not adversely affect the integrity of the site, or, there are no alternative solutions and there are imperative reasons of overriding public interest. B) On sites of national importance, SSSIs and NNRs, development will only be permitted where it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area would not be compromised, or where any adverse impacts are clearly outweighed by social or economic benefits of national importance. C) Development which impacts on Local Wildlife Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan, shall be assessed carefully to determine its acceptability balanced along with national – or local – social or economic considerations. D) Enhancement to nature conservation interests will also be encouraged in association with development and land use proposals.

Environment 21 Landscape and development (Justification for STRAT DC 8)

2.31 The Structure Plan describes the relationship between the Argyll and Bute landscapes and development as follows:

“There is a wide variety of distinctive landscapes and coastscapes in Argyll and Bute, some of the highest quality. All of these landscapes should be regarded, to one degree or other, as special and development be required to visually integrate with their key features including those relating to settlement pattern. However, different landscapes have variable capacities to successfully absorb different forms and scales of development. Landscape character assessment will be useful in the consideration of development proposals in the countryside.

These factors require a careful capacity-based approach to development impact on the landscape. Whilst this involves ongoing assessments, it is recognised that studies already undertaken, such as the Scottish Natural Heritage – Landscape Assessment of Argyll and Bute and the Firth of Clyde provide useful background information. It is further recognised that National Scenic Areas contain scarce and highly valuable landscapes which are of national significance. These National Scenic Areas, therefore, require particularly careful consideration and added protection. This is the basis of STRAT DC 8”.

2.32 STRAT DC 8 is carried over in full into this local plan. The locations of national scenic areas, historic landscapes and historic gardens and designed landscapes which are referred to in policy STRAT DC 8 are to be shown on Maps A and C in the proposal map folders. Procedural implications arising from of STRAT DC 8 are to be are presented in the Supplementary Information and Guidance report. This will include advice on the relationship between national scenic areas, landscape character information, development control zones and the regional and local landscape designations in the current local plans (now being replaced by this local plan).

STRAT DC 8 – LANDSCAPE AND DEVELOPMENT CONTROL

A) Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non- sustainable’ and is contrary to this policy. Outwith the National Park particularly important and vulnerable landscapes in Argyll and Bute are those associated with: 1. National Scenic Areas. 2. Historic landscapes and their settings with close links with archaeology and built heritage and/or historic gardens and designed landscapes. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality. B) Protection, conservation and enhancement to landscape will also be encouraged in association with development and land use proposals.

22 Environment

Development impact on woodlands (Justification for STRAT FW 2)

2.33 The Structure Plan policy STRAT FW 2 seeks to protect key environmental features of important woodland areas. This is a generally protective policy which is carried over in full into this local plan , the key environmental features of important woodland which should be safeguarded are set out in Schedule FW 2.

Schedule FW 2 – Key environmental features of important woodland to be safeguarded

The key environmental features of woodland to be safeguarded include: • the whole area of woodland or segments of woodland when these are highly valued and not capable of absorbing development without fundamental damage occurring to the integrity, appearance or prized features of the woodland. • the prize features of an important woodland may include: - the woodland setting; - its habitat value; - highly valued tree specimens; - windbreak characteristics; - the configuration of open space, glades, network, canopy and under-storey components within a woodland area.

STRAT FW 2 – DEVELOPMENT IMPACT ON WOODLAND

Development shall not damage nor undermine the key environmental features of important woodland areas including the following categories: A) Woodland areas and trees which have been mapped for safeguarding in Argyll and Bute Local Plans or are protected by Tree Preservation Orders or by Conservation Areas. B) Woodland areas and trees which are identified for safeguarding in planning determinations or agreements or by associated area capacity evaluations or farm, croft and estate development programmes. C) Woodland and integral open space which is a significant component of determined woodland grant scheme or equivalent proposal. D) Ancient and long established semi-natural woodland as identified in Scottish Natural Heritage Inventory sources.

E) Other broadleaf woodland over 1 hectares in extent.

Environment 23

Development impact on the natural foreshore (Justification for policy E 4)

2.34 The foreshore is the sensitive interface between land and the sea. The natural foreshore corresponds to that area between mean high-water and low-water springs which has been largely unaltered by human activity. Within the natural foreshore there are environmental sensitivities and planning issues which impose severe limits on the acceptability of development. These sensitivities and planning issues include: the ecological health of the foreshore; the importance of the foreshore in terms of outlook; the important economic functions of the foreshore eg. for shellfish farming, for access to the sea and for urban harbour and waterfront infrastructure; and the need to safeguard public access down to and along the foreshore. These factors are the justification for the restrictive policy E 4 below. The policy is not intended to apply to made-up foreshore ie. foreshore made-up by landfill or construction such that it is now above the mean high water springs.

E 4 – DEVELOPMENT IMPACT ON THE NATURAL FORESHORE

A) Development will only be acceptable on the natural foreshore if there is a specific operational purpose for its foreshore location and there being no effective alternative location for the development landward of the natural foreshore. B) Development shall not damage nor undermine the key features of foreshore areas including the following: 1. the dynamics and balance of the ecology of the foreshore. 2. the sustainable productive capacity of the foreshore for shell-fish farming. 3. the effective functioning of the foreshore in providing access between land and water activity. 4. general public access down to and along the foreshore. 5. the attractive appearance of the foreshore itself and value of outlooks over and across the foreshore from land or sea.

24 Environment

Historic environment (Justification for STRAT DC 9)

2.35 For the purposes of this plan, the historic environment refers to ancient monuments, archaeological remains, historic landscapes, designed landscapes and gardens, conservation areas, special built environment areas and listed buildings.

2.36 The Structure Plan recognises the importance of the historic environment in Argyll and Bute.

“There is a wealth of archaeology, scheduled monuments, listed buildings and conservation areas in Argyll and Bute. Despite this wealth of resource, the general quality of the built environment varies considerably. In the countryside and on the edge of settlements the highest quality tends to be where the built environment components subtly merge with the landscape elements eg. as with the historic and designed landscapes. The premier historic landscape in Argyll and Bute is Kilmartin Glen (of potential World Heritage status). In the settlements, the significance of historic environment is founded on history, culture and on the quality of buildings, settings, layouts, and streetscapes. The premier conservation settlement in Argyll and Bute is Inveraray which is a major tourist destination.

As with nature conservation and landscape interests, there is a hierarchy of importance associated with historic environment. This hierarchy incorporates statutory protection and, in the case of conservation areas and listed buildings, a basic grading system. The strength of protection is proportionate to the importance of this historic environment and should be reflected in planning policy. At the same time, there is a need to enhance the quality of the resource as well as to respond positively to modern needs, innovation and change. This requires a sensitive, balanced and proportionate approach which is the intention of STRAT DC 9”.

2.37 This Structure Plan policy is carried over in full into this local plan. Reference should also be made to the Supplementary Information and Guidance report when available. This will include advice in relation to the various elements of the historic environment. It will also address the balances between national and local values, and between, on one hand, the value of the historic environment and, on the other hand, social or economic considerations.

STRAT DC 9 – HISTORIC ENVIRONMENT AND DEVELOPMENT CONTROL

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

Environment 25

Scheduled ancient monuments (Justification for policy E 5)

2.38 Policy E 5 relates specifically to scheduled ancient monuments (SAM). The policy recognises the national importance of this resource and the fact that when scheduled monument consent is required, planning permission is not. Nonetheless, the policy also addresses development outwith ‘scheduled’ areas in recognition that the settings of the SAM can potentially be affected.

2.39 The key features of scheduled ancient monuments are their setting and the highly valued components of the ‘scheduled area’, including that of any associated ‘guardianship area’, together with other key features which may be advised by Historic Scotland reflecting the statutory and national status of these monuments. The extent of the schedule ancient monument resource in Argyll and Bute is summarised in the Supplementary Information and Guidance report.

E 5 – DEVELOPMENT IMPACT ON SCHEDULED ANCIENT MONUMENTS

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which adversely affects or undermines the historic architectural or cultural qualities of the historic environment will be resisted. This applies specifically to development affecting a scheduled ancient monument or its setting. Development and associated land use outwith the ‘scheduled areas’ shall preserve and not knowingly damage or undermine the key features of scheduled ancient monuments.

26 Environment Unscheduled monuments, archaeology and historic landscapes (Justification for E 6)

2.40 The National Planning Policy Guideline 5 (NPPG 5) and its associated Planning Advice Note 42, highlight the importance of archaeology as a heritage resource to be protected through the development plan and as a material consideration for planning applications. Policy E 6 below is in tune with this national planning guidance advice and is refined to take account of the circumstances in Argyll and Bute.

2.41 Policy E 6 specifically addresses development impact on unscheduled monuments, archaeology and historic landscapes. These areas do not have the strength of protection afforded to scheduled ancient monuments but, nevertheless, represents a significant and vulnerable resource of considerable value to Argyll and Bute. They potentially contain further unrevealed resources of local or national value. Policy E 6 seeks to protect, enhance and effectively manage this resource.

2.42 The key features of unscheduled monuments, archaeology and historic landscapes include their setting and highly valued components. The identification and awareness of these features will be informed by the ongoing development control process, archaeological field evaluations, studies and projects and by consultation advice received from the West of Scotland Archaeology Service and, when appropriate, from Historic Scotland and other expert bodies. For the purposes of this plan, ‘historic landscapes’ are these areas designated as ‘historic landscapes’ in the Proposal Maps B in the planning area folders.

2.43 Procedural implications of policy E 6 are to be presented in the Supplementary Information and Guidance report. This will include guidance on archaeological field evaluations (AFE’s). AFE’s are an important stage in the assessment of development impact on archaeological resources. The guidance will, however, make allowance for small scale buildings to be erected without undertaking an AFE, subject to it being located outwith areas of archaeological importance (AAI). The supplementary guidance will also include advice on the procedures for when archaeology is revealed by development. It is or course in the nature of archaeology that the occurrence of resources may not be known in advance but rather is revealed by development taking place.

E 6 – DEVELOPMENT IMPACT ON UNSCHEDULED MONUMENTS, ARCHAEOLOGY AND HISTORIC LANDSCAPES

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which adversely affects or undermines the historic, architectural or cultural qualities of the historic environment will be resisted. This applies specifically to development affecting unscheduled monuments, archaeology and historic landscapes.

Environment 27 Historic gardens and designed landscapes (Justification for policy E 7)

2.44 Argyll and Bute has a wealth of ‘historic gardens and designed landscapes’ which date back to the Victorian era. They are an important part of the area’s history and scenery and add greatly to the enjoyment of the countryside and towns. They may provide a landscape setting for an important building, have rare plant collections or contain interesting woodland or wildlife habitats.

2.45 Historic Scotland’s 1993 Memorandum of Guidance on Listed Buildings and Conservation Areas advises planning authorities to have regard to protecting the interests of historic gardens and designed landscapes when determining planning applications and in the formulation of local plan policy. Additionally, the Town and Country Planning (General Development) procedure (Scotland) Order 1992 requires local authorities to consult Historic Scotland and Scottish Natural Heritage in respect of any development which may affect historic gardens or designed landscapes or their settings included in the Inventory.

2.46 Within the above framework, policy E 7 sets out the basis for responding to development affecting historic gardens and designed landscapes. The inclusion of garden or designed landscape area in the “Inventory of Gardens and Designed Landscapes in Scotland” establishes the presence of the garden and designed landscape as a key feature which is vulnerable to adverse development impact. Additional key features (including those of other gardens and designed landscapes not included in the Inventory) shall be evaluated and identified in response to development proposals on an ongoing basis in consultation with Historic Scotland, Scottish Natural Heritage and, when appropriate, with the Garden History Society.

2.47 The occurrence of the historic and designed landscapes are shown in Proposal Maps A and C in the proposal map folders. Procedural implications of the above policy are to be presented in a Supplementary Information and Guidance report.

E 7 – DEVELOPMENT IMPACT ON HISTORIC GARDENS AND DESIGNED LANDSCAPES

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which adversely affects or undermines the historic architectural or cultural qualities of the historic environment will be resisted. This applies specifically to development affecting the key features of historic gardens and designed landscapes.

28 Environment Development in conservation areas and special built environment areas (Justification for policy E 8)

Conservation areas

2.48 Argyll and Bute has 32 Conservation Areas of which 13 have been classified by Historic Scotland as ‘outstanding’ for grant aid purposes – see conservation areas in Proposal Maps A and C in the proposal map folders. Ten Article 4 Directions restricting permitted development rights presently are in place within these conservation areas. Stricter planning controls generally across all the conservation areas are imposed by planning legislation eg. in relation to demolition, satellite dishes and tree felling. Conservation areas can also play a positive economic role. The Inveraray conservation area is recognised by the Structure Plan as the premier conservation area in Argyll and Bute in view of its combined planned and architectural built heritage, tourism, economic and cultural significance.

2.49 Conservation areas are areas of ‘special architectural or historic interest’, the character or appearance of which it is desirable to preserve or enhance. The important components of this character and appearance will include setting, boundaries, unifying characteristics, listed building features, special built environment features and sense of place. When Argyll and Bute Council (and its predecessors) designate and continue to support a conservation area designation, this signals a commitment towards the preservation and enhancement of the key elements of that area’s character and appearance. Argyll and Bute, as planning authority, when exercising its functions, therefore must control unsympathetic forms of development. It must also, through guidance to property owners and by direct action itself or with other public or private organisations, promote the enhancement of the conservation area.

2.50 Development is not incompatible with conservation areas. However, it requires careful control and development should be especially sensitive to the key features of the conservation area. If the key features of a conservation area are judged to be undermined by a particular development then such a proposal can expect to be resisted. On the other hand, the potential for development to enhance a conservation area is generally recognised and should be encouraged in appropriate forms and locations. The acceptability of all development will depend on whether there is capacity for the conservation area and its setting to successfully integrate the form and scale of development proposed.

2.51 The conservation areas of Argyll and Bute are to be listed in the Supplementary Information and Guidance report. This list will advise of the ‘outstanding’ status of particular conservation areas and whether an Article 4 Direction limited permitted development rights applies. The boundaries of these conservation areas are shown on Proposal Maps A and C in the proposal map folders. Key features of conservation areas are to be categorised in the Supplementary Information and Guidance report. This is to be accompanied by a more detailed ‘conservation area character appraisal’ for each conservation area in Argyll and Bute.

Environment 29 Special built environment areas

2.52 Whilst not having the concentration or continuity of quality of conservation areas, the key features of ‘special built environment areas’ in Argyll and Bute still have sufficient quality to require safeguarding and promotion as part of the development process. These special built environment areas (SBEA’s) are mainly in settlements but, in the case of the Tiree SBEA, the whole island is so designated in recognition of the special relationship on the island between its buildings and landform. The emphasis on Tiree, is not so much on conservation, but rather in seeking continuity and, indeed, innovation in developing a modern building idiom which will complement the island’s past and future.

2.53 The special built environment areas of Argyll and Bute are to be listed in the Supplementary Information and Guidance report. The boundaries of the SBEA’s are shown on Proposal Maps A and C in the planning area folders.

E 8 – DEVELOPMENT IMPACT ON CONSERVATION AREAS (CA’s) AND SPECIAL BUILT ENVIRONMENT AREAS (SBEA’s)

Conservation Areas A) Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which adversely affects or undermines the historic environment will be resisted. This applies especially to development which will have an adverse impact on the key features of the Argyll and Bute conservation areas. The key features of these conservation areas are the most prized and critical architectural, townscape, streetscape, landform, setting, historic and cultural characteristics of the area. Special Building Environment Areas B) Conservation and enhancement of special built environment areas is promoted. Development which adversely affects or undermines the important qualities of the Argyll and Bute SBEA’s will be resisted. The key features of these SBEA’s are those special relationships between buildings, townscape and landform which serve to distinguish the area from other areas. Development densities C) In locations where low building density and open spaces are key features of a conservation area or SBEA, new development shall not be introduced in a form and density which will have an adverse impact on these characteristics. In extensive urban gardens and curtilages, the following density standards shall not be exceeded unless justified by site conditions and special circumstances: a minimum plot size of 0.1 ha (0.25 acre) per new buildings with the development maintaining an overall density* of no more than 10 dwellings (or main buildings) in combination per hectare. *this overall density should be calculated for the area of the development site when it is more than 0.5 hectares or else, when less than 0.5 hectares, calculated for a recognisable street block or segment of the conservation area or special built environment area.

30 Environment Impact of development and alterations on listed buildings and of demolition of unlisted buildings in conservation areas (Justification for policy E 9)

2.54 Policy E 9 sets out the basis on which listed building consent applications for development and alterations materially affecting the character of listed buildings will be assessed. It also addresses applications for conservation area consent for demolition of unlisted buildings in conservation areas. The policy further applies to developments which do not require listed building consent or conservation area consent but which, nevertheless, affect the setting of a listed building. The policy incorporates a presumption against specified categories of development, extension, alteration and demolition works. These presumptions against reflect the limited capacity for successful change to highly valued elements of the historic environment. Supplementary guidance relating to policy E 9 including procedural matters and consultative arrangements will be set out in due course in the Supplementary Information and Guidance report.

E 9 – DEVELOPMENT AND ALTERATIONS AFFECTING LISTED BUILDINGS AND DEMOLITIONS AFFECTING UNLISTED BUILDINGS IN CONSERVATION AREAS

A) Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which is judged to adversely affect or undermine the historic environment shall be resisted. This applies specifically to: applications for listed building consent; conservation area consent; or planning permission including development, alterations or demolitions which affects listed buildings and their settings or which involves demolition of unlisted buildings in conservation areas. B) These forms of development and alterations shall not damage key features of the historic environment. The key features of the historic environment includes the overall integrity of listed buildings and conservation areas as well as the very special architectural, setting, curtilage and historic features recorded in the ‘descriptive list’ for listed buildings. C) There is a presumption against the following categories of development, alterations or demolition: 1. involving the demolition (whole or part) of any listed building. 2. affecting a category ‘A’ listed building internally or externally on any elevation or its setting. 3. affecting a category ‘B’ or ‘C’ listed building where this impacts on the essentially intact character of the building. 4. involving the demolition (whole or part) of any building within a conservation area. D) If the above categories of proposal are to be approved in accordance with this policy, then this shall require demonstration that the proposal will result in an overall enhancement to or compatibility with, the listed building, its setting and, where applicable, with the surrounding conservation area.

Environment 31 Setting, layout and design (Justification for policy E 10)

2.55 If building design is to be effective and acceptable, then it should adopt and adapt design solutions tested over time and respect what is valued about the past. However, good design must also respond functionally and innovatively to the design challenges of the present and the future. Design, by its nature, is a dynamic and creative process for which there is no simple formulae other than perhaps that good design should function well both externally and internally and should have pleasing proportions.

2.56 Design is clearly a subject which is influenced by financial considerations and it will generate a variety of responses from different interest groups. Significantly, it is the aspect of the land use planning process which is most visible and therefore attracts and deserves special attention. This local plan, taking its lead from the Structure Plan objective SI 2d) seeks a general uplifting of design standards.

“d) to promote a general improvement in the quality of design and encourage development of a scale, form and location appropriate to the character of the landscape and settlements of Argyll and Bute”.

This uplifting of design standards, however, should have a persuasive as well as compulsory element. Responses to design should also be proportionate to the qualities of the area in which the development is taking place.

2.57 In the case of special areas and buildings, if a development is judged to be adversely affecting key features which are highly regarded and valued, then a hard-line should be taken with poor design. On the other hand, there will be many intermediate circumstances when planning policies and guidelines, along with expert opinion, common sense, consensus and democratic decision-making, should help to inform judgements on what may be categorised as ‘debatable’ design. It is also important to promote and recognise design-excellence. It is for these reasons that a benchmark approach to uplifting setting, layout and design standards is pursued by this plan. Details of this approach are set out in policy note 1 in the annex at the end of this chapter.

2.58 The ensuring policies are arranged under the headings of: ‘development setting’; ‘development layout and density’; and ‘development design’. There is to be further guidance on these matters in the Supplementary Information and Guidance report. These will promote setting, layout and design solutions which are appropriate for the size of the settlement or for its countryside location. Also included will be advice on building design and special needs and on day lighting and light pollution.

32 Environment Development setting

2.59 The setting of a development sets a visual and, sometimes, a cultural context for layout and design considerations. It is important when assessing the impact of development setting to focus on key features of landscape, settlement pattern, the historic environment and the built environment generally. Further guidance is to be included in the Supplementary Information and Guidance report to highlight the natural and built heritage settings which should be safeguarded as part of the development process.

Development layout and density

2.60 Development layouts raise a wide range of considerations. These include the general forms of layout, development density standards, and standards relating to the provision of access, special needs facilities, landscaping, recreation and open space. Policy E 10 sets out the general expectations for development layouts. These are linked with more detailed supplementary guidance.

Development design

2.61 Achievement of good building and structure design can be realised through encouragement and promotion of high quality design, discouragement of mediocre design, and resistance to unacceptably low quality design. This is the basis of E 10. The policy includes the recognition that there will be resistance to ‘not good enough’ design in particularly sensitive locations in circumstances when such design might be considered acceptable elsewhere.

E 10 – DEVELOPMENT SETTING, LAYOUT AND DESIGN

Development setting A) Development shall be sited and positioned so as to harmonise with the key features of their settlement, edge of settlement, countryside or coastal surroundings. Developments which do not satisfactorily harmonise with their settings and surroundings shall be resisted. Development layout and density B) Development layout and density shall effectively integrate with the urban, suburban or rural setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted. Development design C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as national scenic areas, very sensitive countryside, sensitive countryside, conservation areas, special built environment areas, historic landscapes, and the settings of listed buildings. Within such locations, the quality of design will require to be higher than in other less sensitive locations. D) The design of buildings shall complement the size of settlement or the qualities of the countryside containing the development site. Building design shall be suitably adapted to meet reasonable expectations for special needs groups. Energy efficient design is encouraged. Development design which is judged to be poor or ‘not good enough’ for a particular location shall be resisted.

Environment 33

Chapter 2 – Annex

Policy notes:

1. Setting, layout and design performance a The planning authority is expected to assess how well a development will perform and, thereafter actually performs, in terms of its setting, layout and design. A benchmarking approach can assist this process. To this end, six levels of setting, layout and design performance are identified in this plan. These range from the ‘excellence’ end of performance (level 1) to the significant adverse impact end (level 6). b The 6 levels of setting, layout and design performance are as follows: 1. The first and highest level is when there is a quality of excellence in setting, layout and design to the extent that the development should be considered as a candidate for a planning award. 2. The second highest level is when the quality of setting, layout and design is generally high meeting design guidelines and standards. 3. The third level is when arguably the setting, layout and design is generally acceptable, perhaps being only marginally flawed, and there being insufficient concern to justify a refusal of planning permission. 4. The fourth level which, depending in the circumstances, may or may not justify a refusal of planning permission, is when the setting, layout and design is arguably ‘not good enough’ for a distinctive location, rather than being in a more general category of poor design. 5. The fifth level which again, depending on the circumstances, may or may not justify a refusal of planning permission, is when the setting, layout and design is generally poor but without impacting significantly on key environmental features. 6. The sixth level is when the development setting, layout or design clearly will have a significant adverse impact on key features of the landscape, settlement pattern or historic environment which the plan seeks to safeguard, sustain and enhance. c The acceptability and quality of development setting, layout and design will be assessed, monitored and reviewed by the planning authority with reference to the above six levels of performance. The following responses can be expected: • achievement at level 1 will be recognised and awarded as appropriate. • achievement at level 2 will be encouraged. • performance at level 3 is acceptable. • improvements to the quality of development at levels 4 and 5 will be sought by the planning authority and, depending on circumstances, if performance still remains at level 4 or 5, the development runs the risk of planning permission being refused.

• development at level 6 can expect refusal of planning permission.

34 Environment Chapter 3 – Recreation and open space

Summary

3.1 The development control policies in this chapter support the provision of recreation development in most locations. However, depending on the nature and scale of the recreation development, this general support is withdrawn where the capacity of settlements is limited (eg. when the scale of a recreational development may be excessive for the size of a settlement) and where the countryside does not have the capacity to successfully absorb such development (eg. in the very sensitive countryside).

3.2 An important aspect of the planning policy in this chapter is the need to safeguard existing recreational land and important open spaces from development pressure. Also, reference is made to minimum standards for outdoor playing space. These standards have particular relevance to housing development proposals. The policy addressing recreation and open space in housing developments can be found in the housing chapter of this plan.

Recreation – definition

3.3 For the development control purposes of this plan, recreational development comprises Use Class 11 (Assembly and Leisure) development involving the following uses: • cinema • concert hall • bingo hall or casino • dance hall or discotheque • swimming bath, skating rink, gymnasium or area for other indoors or outdoors sports or recreation, not involving motorised vehicles.

The policies in this chapter also relate to marina and boating use of land and water*, travelling shows, carnivals, fun-fairs and outdoor events as well as to the use of land for motorised vehicle sports which are excluded under Use Class 11. *noting that planning jurisdiction for boating related development does not extend beyond the mean low water springs other than where there is a permanent attachment above this level eg. a pontoon attachment.

Open Spaces – definition

3.4 Definitions of these categories of open space can be found in Planning Advice Note PAN 65 and are to be included in the Supplementary Information and Guidance report.

Recreation and Open Space 35 National planning guidance

3.5 Planning objectives for sport, physical recreation and open space are set out in National Planning Policy Guidelines NPPG 11. Those provide the background and purpose for the development control policies in this chapter and are as follows:

“y to found their [Council’s] planning for sport and recreation on the principles of sustainable development and the advice of national agencies;

• to meet the sporting and recreational needs of residents, tourists and visitors, while safeguarding the quality of the natural and cultural heritage;

• to safeguard a system of open spaces for formal and informal recreation needs within urban areas, ranging from easily accessible small local green spaces to country parks and path networks;

• to safeguard a system of open spaces for formal and informal recreation needs within urban areas, ranging from easily accessible small local green spaces to country parks and path networks;

• to safeguard facilities and resources for sport and recreation in urban areas and the countryside which contribute to existing and predicted future needs;

• to take a long term and spatially strategic perspective on provision;

• to provide local facilities, including for children’s play, to meet standards within or close to residential areas;

• to pay special regard to those who find it difficult to gain access to sport;

• to lead by example in resisting the development of council owned land;

• to ensure that new sports facilities are readily accessible by public transport, cycling and on foot;

• to provide safe areas for recreation, through ensuring that public spaces are located and designed to minimise opportunities for crime; and

• to consult SportsScotland on certain types of application.”

36 Recreation and Open Space The Argyll and Bute Structure Plan

3.6 The Structure Plan policy STRAT SI 1 provides a ‘sustainable development’ framework to guide development proposals and the local plan for Argyll and Bute. It makes specific reference to recreational, open space and network resources as does PROP SET 5 in relation to settlement plan provisions for sport and recreation.

“STRAT SI 1 – SUSTAINABLE DEVELOPMENT

Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to: a) maximise the opportunity for local community benefit; b) ……

…… f) use public transport routes fully and increase walking and cycling networks; g) avoid the loss of recreational and amenity open space.

……”

“PROP SET 5 – SETTLEMENT PLANS

A) ……

B) The settlement plans shall include appropriate five and ten year business, industry, housing, sport/recreation, and community facility Allocations. The settlement plans shall further provide a long-term perspective, where appropriate, by incorporating ‘areas of search’ for development land representing areas worthy of positive consideration for long-term settlement expansion.

C) ……”

Recreation development (Justification for policy RO 1)

3.7 Policy RO 1 sets out the basis for supporting or resisting recreation development proposals. This reflects the need to be consistent with the development control zone policies STRAT DC 1-6 and with the capacity of settlements and countryside to accommodate such development without adverse environmental, servicing or access impact occurring. Traffic generation and compatibility with neighbouring land uses are highlighted as factors to be considered in the settlements. In the countryside, direct and cumulative impact of development is recognised as an issue. The support in principle or resistance to recreational development may be thought of as setting an initial ‘green’ or ‘red’ light for recreational development. If green, then the light will only turn to red if there is a significant adverse environmental, servicing or access impact. If red, then the light will only turn to green when an appropriate exceptional case is demonstrated. Criteria for considering exceptional cases are set out in the annex at the end of this chapter.

Recreation and Open Space 37 3.8 The categories of recreation development for which there is support in principle by this plan are set out in Schedule RO 1.

Schedule RO 1 – Recreation development supported in principle by this plan

In all locations a recreation development which is compatible with local plan allocations and potential development areas or with extant planning permission. b alterations and extensions to, and replacement of, recreational buildings (with no change of use occurring); and ancillary access, engineering and utility works. c change of use and conversion of an existing building for recreational purposes.

In the settlements d new building or change of use of land for Use Class II recreational use (excluding golf courses) as follows: i) up to and including large scale development within the main towns. ii) up to and including medium scale development within the small towns and villages. iii) small scale development within the minor settlements.

In the countryside e use of land in the greenbelt for outdoor recreational purposes or use of existing buildings in the greenbelt for recreational purposes. f use of land (excluding golf courses and marina/boating activity) in the countryside around settlements, rural opportunity areas and sensitive countryside for up to and including medium scale outdoor recreational purposes. g erection of small scale buildings for recreational use within rural opportunity areas or on infill, rounding off and redevelopment sites within countryside around settlements and sensitive countryside.

Golf courses h formation or extension of golf courses in the countryside zones (excluding the very sensitive countryside) and the subordinate extension of existing golf courses within the settlement boundaries.

Marina and boating activity i use of land and water with attachments to land for marina or boating activity up to and including medium scale within sensitive countryside; small scale within rural opportunity areas and small scale on infill, rounding-off and redevelopment sites within countryside around settlements.

Temporary or intermittent recreational activity j temporary use of land outwith residential areas for travelling shows, fun fairs and events and use of land or buildings for dancing and other recreational purposes with no amplified music and outwith predominantly residential areas.

38 Recreation and Open Space 3.9 The contentious categories of recreation development are set out in Schedule RO 2 below.

Schedule RO 2 – Contentious categories of recreational development

In the settlements a large scale development in the small towns and villages and medium or large scale development in the minor settlements.

In the countryside b the erection of buildings for recreational use within the greenbelt and very sensitive countryside and the use of land for recreational purposes within the very sensitive countryside. c the use of land for large scale outdoor recreational purposes (excluding golf courses and marina/boating activity) or the erection of medium or large scale recreational buildings in the countryside around settlements, rural opportunity areas and sensitive countryside; and the erection of small scale recreational buildings in open areas within the countryside around settlements and sensitive countryside.

Golf courses d formation or extension of golf courses in the very sensitive countryside and larger than subordinate extensions to existing golf courses within the settlement boundaries.

Marina and boating activity e use of land (or water with attachments to land) or the erection of buildings for marina or boating activity of any scale within the greenbelt or very sensitive countryside; at large scale within sensitive countryside; and at medium or large scale within countryside around settlements and rural opportunity areas.

Motorised vehicle recreational use f use of buildings or land for motorised vehicle recreational use.

Temporary or intermittent recreational activity g use of land on a permanent basis or within residential areas for travelling shows, fun fairs and events and use of land or buildings for dancing or other recreational purposes with amplified music within locations where the dominant land use is residential.

3.10 In addition to policy RO 1, reference should be made to the annex at the end of this chapter. This defines the scales of recreational development (small, medium and large scale) which are referred to in Schedules RO 1 and 2.

Recreation and Open Space 39 RO 1 – RECREATION DEVELOPMENT

A) There is a presumption in favour of recreation development as detailed in Schedule RO 1. Recreational development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, recreation development as detailed in Schedule RO 2 shall be resisted. Exceptions will only be made if: In settlements 1. the development is of a form and scale consistent with policy STRAT DC 1 and 2. settlement capacity is not exceeded having regard to the size of the settlement and the environmental, servicing, access (including traffic generation) impact of the proposed development on neighbouring land uses or In countryside 3. the development is of a form and scale consistent with policies STRAT DC 2-6 and 4. the development does not exceed the capacity of the countryside or coastal area to successfully absorb such development and significant adverse environmental, servicing or access impact is not likely to occur, directly or cumulatively.

40 Recreation and Open Space Safeguarding of recreational land and important open spaces (Justification for policy RO 2)

3.11 The Structure Plan policy STRAT SI 1 seeks to “avoid the loss of recreational and open space”. The NPPG 11 (Sport, Physical Recreation and Open Spaces) states that “there should be a presumption against redevelopment of playing fields or sports pitches, public or private ….” and that these should not be redeveloped other than in exceptional circumstances which are specified in the guidance. In addition, the NPPG 11 states that Councils should:

“identify open spaces which should be safeguarded from development in the long term, those which require improvements and those forming part of an access network; indicate in development plan policy the criteria against which the Council may be prepared to consider the redevelopment of existing facilities and open space”.

3.12 The safeguarding aspects of this guidance has been incorporated into policy RO 2.

RO 2 – SAFEGUARDING OF RECREATIONAL LAND AND IMPORTANT OPEN SPACES

A) There is a presumption against the development or redevelopment of formally established playing fields or sports pitches (public or private) or those recreational areas and open spaces shown to be safeguarded in the Proposal Maps C/1 in the planning area folders. B) Playing field and sports pitches should not be redeveloped except where: 1. the retention or enhancement of the facilities can best be achieved by the redevelopment of part of the site which would not affect its sporting potential and its amenity value; or 2. there would be no loss of amenity and alternative provision of equal community benefit and accessibility would be made available; and 3. there is a clear long-term excess of pitches, playing fields and public open space in the wider planning area, taking into account long term strategy, recreational and amenity value and any shortfalls in adjoining planning areas within Argyll and Bute. C) Safeguarded open spaces shall not be built on except where: 1. the building development is restricted to an area which does not adversely affect the character of the area and the contribution which the open space makes to this character or 2. the development will result in an environmental gain sufficient to compensate for the loss of all or part of the safeguarded open space or 3. there is a substantial economic or social benefit which outweighs the loss of open space in accordance with the sustainable development test under policy E 1 (page 14 ).

D) Development adversely affecting or involving a significant loss of important open space not covered by A) above, shall be resisted unless an exceptional case is demonstrated justifying the development on grounds of economic, social, access, environmental or other planning benefit.

Recreation and Open Space 41 Provision of recreational facilities and open space in developments

3.13 The National Playing Fields Association: Minimum standards for outdoor playing space, 2001 – provides a sound first reference point when considering open space strategy and when considering the provision of recreational facilities and open space within or adjacent development sites. These NPFA minimum standards are as follows:

An average minimum of outdoor recreational space of 2.4 hectares (6 acres) for every 1000 population of which:

- 1.6 ha (4 acres) should be for outdoor sport and - 0.8 ha (2 acres) should be for children’s play space of which 0.2 ha (½ acre) should be for outdoor equipped playgrounds for children (including provision for the under 5 year olds). 0.4 ha (1 acre) should be for casual or informal play and 0.2 ha (½ acre) should be amenity open space which is suitable for informal recreation and not just landscaped ground.

3.14 The Planning Advice Note PAN 65 – Planning and Open Space advises caution on the use of a standards-based approach to recreational and open space provision.

“……

However, any standards should be carefully tailored to the circumstances of the area and a single standard will not be suitable for all parts of the country. Very different standards are also likely to be required for different functions such as play areas for children and teenagers and informal recreation areas.

Standards should contain three elements: Quality – a benchmark against which quality can be measured. Quantity – an amount of space per house unit or head of population; and Accessibility – an amount of particular types of open space within a specified distance ie. a distance threshold”.

3.15 Within Argyll and Bute, the development control issues relating to recreation and open space provision are centred on housing development. It is recognised that the context for considering standards of recreation and open space provision within housing developments varies considerably according to the location of the development, the level of existing provision and the nature and scale of the development proposal. Policy notes on recreation and open space in housing developments taking account of the above factors are set out in the Housing chapter (page 65).

42 Recreation and Open Space Chapter 3 – Annex

Policy notes to RO 1:

1. Scales of recreational development large scale - 28 holes (or more) golf courses or - sports fields, pitches, courts and other playing surfaces with gross playing/spectator parking area exceeding 5 ha. - stadium or recreational buildings with capacity for more than 2000 spectators or 200 participants (at any one time). - more than 50 berthing and/or laying up stances for boats.

medium scale - golf courses which are larger than pitch-and-putt and up to 9 holes or - sports field, pitches, courts and other playing surfaces with the gross playing/spectator/parking area being between 2 ha and 5 ha or - stadium or recreational buildings with capacity of between 500 and 2000 spectators or between 100 and 200 participants (at any one time). - between 11 and 50 inclusive berthing and/or laying up stances for boats.

small scale - pitch and putt facilities or - sports field, pitches, courts and other playing surface with gross playing/spectator/parking area not exceeding 2 ha or - stadium or recreational buildings with capacity not exceeding 500 spectators or 100 participants (at any one time). - up to and including 10 berthing and/or laying up stances for boats.

Recreation and Open Space 43 Policy notes to RO 1 continued:

2. Exceptional cases When an exceptional case is required to justify a proposed recreation development under policy RO 1 B) the following shall be demonstrated to the satisfaction of the planning authority.

In the settlements a large scale recreation development within small towns and villages or medium or large scale in minor settlements, is unlikely to be acceptable other than when formally allocated as part of the local plan. Exceptions may be made where it is demonstrated that the settlement and location in question do in fact have capacity to successfully accommodate this specific proposal without adversely affecting settlement character or having other unacceptable consequences.

In the greenbelt b The erection of buildings for recreational purposes within the greenbelt will only be acceptable in the exceptional circumstances of the building serving and being ancillary to an outdoor recreational activity in the greenbelt; small or medium scale boating development within the greenbelt may be supported in the exceptional circumstances of the proposal satisfying the criteria in f) below.

In the countryside excluding the greenbelt c Developments exceeding the presumptions in favour scales (see policy note 1) in the countryside (excluding the greenbelt) will require to demonstrate that there is capacity for the site and surrounding area to successfully accommodate the development and that there is a locational, economic or social justification for siting the development as proposed.

Golf course development d The use of substantial tracts of land as a golf course within settlement boundaries requires support of the settlement plan for the area; without such support, if an exception is to be justified, then this would be as a departure to the plan. e The use of land as a golf course within the very sensitive countryside will only be acceptable if this is compatible with the key features that make the area special.

Marina and boating development f The use of land or the erection of buildings for marina or boating use at locations or at scales for which there is a presumption against (see policy note 2), will require to demonstrate that there is capacity for the site and surrounding area to successfully accommodate the particular development proposed; it shall be additionally demonstrated that there is a locational and economic justification for siting the development as proposed; the cumulative capacity of coastal areas to absorb such development will be a key issue.

Motorised vehicle recreational use g In exceptional cases use of buildings or land for motorised vehicles may be acceptable where it is demonstrated that the development can take place witho9ut being likely to give rise to noise or other ‘bad neighbour’ impacts.

Temporary or intermittent recreational activity h In exceptional cases, buildings or land may be used on a semi-permanent basis or within residential areas for travelling shows etc, subject to the building and site demonstrating its suitability and in the case of residential areas, the level of recreational use, being low key and not likely to raise significant bad neighbour issues. i In exceptional cases, amplified music in residential areas may prove acceptable where adequate building sound-proofing is to be undertaken.

44 Recreation and Open Space

Chapter 4 – Community facilities

Summary

4.1 Community facility development can play a key role in achieving social inclusion, supporting the well-being of individuals, sustaining local communities and attracting investment to settlements. This is reflected in the development control policies in this chapter. These encourage community facility development, mainly within the settlements, but also allow for appropriate scales of development in some countryside locations.

4.2 Special policy provision has been made for residential care homes and nursing homes. This has been thought necessary since this form of land use, if not considered carefully, may lead to concentration of use where it can incrementally alter the character of residential areas.

Background

4.3 For the development control purposes of this plan, community facility development comprises the following:

• Use Class 8 (residential institutions) a) the provision of residential accommodation and care to people in need of care other than a use within Class 9 ( (houses) eg. residential care homes for the elderly. b) use as a hospital or nursing home. c) use as a residential school, college or training centre.

• Use Class 10 (non-residential institutions) a) creche, day nursery or day centre. b) schools and provision of education. c) display of works of art (otherwise than for sale or hire). d) museum. e) public library or reading room. f) public hall or exhibition hall. g) church or use in connection with public workshop, religious institution or the social or recreational activities of a religious body.

• Other community or social use of land not covered by the above or by the other topic chapters of this Plan; eg. fire stations, police stations, rescue service stations, courts, prisons, doctor and dentist surgeries, cemeteries, crematoriums and public toilets.

Note: whilst recreational facilities are a form of community facility (and also possibly a commercial business use), these are addressed in the recreation and open space chapter.

Community Facilities 45 Planning objectives for community facilities

4.4 Planning objectives for providing community facilities and for framing the development control policies relating to these facilities are set out under Objective CF 1 below.

Objective CF 1 – Planning Objectives for the Provision of Community Facilities

• To contribute to social inclusion, and to the health, welfare and educational attainment of the residents of Argyll and Bute. • To meet the needs and aspirations of local communities balanced with rationalising community services in forms and at locations which are sustainable in the long-term. • To reinforce the delivery of Argyll and Bute Council’s ‘area strategies’ and the socio- economic infrastructure of its four administrative areas. • To improve the competitive profile of the planning areas, settlements (particularly the Key Settlements) and local communities in terms of attracting inward investment and stimulating indigenous investment. • To encourage the location of community facilities and of developments which make use of community facilities where advantage can be taken of public transport-, cycling- and pedestrian-based access. • To safeguard the land use, access and operational interests of community facilities from adverse development impact.

The Structure Plan and community facilities

4.5 The Argyll and Bute Structure Plan, PROP SET 5 requires this local plan to make appropriate allocation provision for ‘community facilities’ in its settlement plans. This is addressed by P/AL 1 in Plan Document 1 (page 22 ).

Development control and community facility development (Justification for policy C 1)

4.6 Policy C 1 is arranged on a similar basis to the other topic chapters and includes presumptions in favour along with circumstances when community facility development can expect to be resisted. Provision of community facilities within the settlements is generally supported, with the scale of development expected to conform with the size and importance of the settlement. More restrictions are applied in the countryside zones whilst supporting particular forms and scales of community-facility development eg. where involving the conversion of an existing building.

4.7 In the case of residential care homes (Use Class 8a) and nursing homes (part of Use Class 8b), these are encouraged in appropriate locations within the main settlements and countryside subject to scale and capacity considerations. This is balanced with avoiding over-concentration of such use, particularly within residential areas. The policy also discourages this form of development in the main town centres and in business and industry areas where bad neighbour impact and lower environmental quality for residents is more likely.

4.8 More detailed planning criteria for residential care- and nursing-homes is to be set out in the Supplementary Information and Guidance report. This guidance will focus on locational, density, development impact and access/parking criteria. It will include parameters for determining whether there is an over-concentration of such use within residential areas. The combination of policy and supplementary guidance will refine the informal policy on ‘Residential Care Homes’ operated up to now by Argyll and Bute Council.

46 Community Facilities 4.9 In addition to policy C 1, reference should be made to the annex at the end of this chapter. This defines the scales of development which are referred to in the policy. It also sets out in more detail the range of presumptions in favour of community facility development along with examples of when community facilities may be exceptionally approved under policy C 1 C).

C 1 – COMMUNITY FACILITY DEVELOPMENT

A) There is a presumption in favour of community facility development excluding those categories and circumstances in B) below. Community facility development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, community facility development shall be resisted in the following circumstances: In settlements 1. new buildings for Use Class 8 or 10 or other non-recreational community facility when it comprises large scale development in the small towns and villages and medium or large scale development in the minor settlements. 2. the introduction or extension of residential care homes or nursing homes in the following locations and circumstances: - in the town centres of the main towns. - in the business and industry areas of settlements. - in residential areas of settlements in circumstances when the concentration of such use will conflict with the established character of the area.

In countryside 3. medium and large scale new building development in all countryside zones and small scale new building development in open areas of the countryside around settlements and sensitive countryside. 4. new community facility building development in the greenbelt other than subordinate extensions to existing buildings in association with conversion of an existing building to residential institutional use (Use Class 8 b and c). 5. all forms of community facility development in the very sensitive countryside. C) Exceptions to B) above may be made when there is: • a locational need or a significant community, social or environmental benefit associated with the proposal and when • there are no suitable alternative sites available in locations where there would be a presumption in favour under A) above and only when • the development also proves to be acceptable in terms of environmental, servicing or access impact.

Community Facilities 47 Chapter 4 – Annex

Policy notes to C 1:

1. Scales of community facility development.

Residential care home and nursing home development small scale - number of residents or patients, combined not exceeding 20. medium scale - number of residents or patients combined, being between 21 and 50 inclusive. large scale - number of residents or patients combined, exceeding 50. other forms of community facility development: large scale - gross site area exceeding 2 hectares or - gross floorspace exceeding 1000m2 medium scale - gross site area between 0.5 hectares and 2 hectares or - gross floorspace between 500m2 and 1000m2 small scale - gross site area not exceeding 0.5 hectares and - gross floorspace not exceeding 500m2

Policy notes to C 1 continued:

2. Presumptions in favour of community facility development:

In all locations a) development which accords with local plan-proposed allocations and potential development sites or with sites with extant planning permission for community facility development. b) alterations and extensions to, and replacement of community facility buildings (with no change of use occurring); and ancillary access, engineering and utility works.

In the settlements c) new building development for Use Class 8 or 10 purposes or other non-recreational community facility development as follows: - up to large scale development within the main towns. - up to medium scale development within the small towns and villages. - small scale development in the minor settlements.

In the countryside excluding the greenbelt and very sensitive countryside d) change of use of an existing building to a residential care home (Use Class 8a) or hospital or nursing home (Use Class 8b) or residential school, college or training centre (Use Class 8c) or non-residential institutions (Use Class 10), including subordinate extensions to such buildings within the settlement and countryside zones. e) small scale new building development for Use Class 8 or 10 purposes and other non-recreational community facility development as follows: - in rural opportunity areas. - in infill, rounding-off and redevelopment sites within countryside around settlements and sensitive countryside.

In the greenbelt f) change of use of an existing building to a residential institutional use (Use Class 8 b and c), including subordinate extension to such buildings.

In the very sensitive countryside g) there are no presumption in favour circumstances for community facility development in the very sensitive countryside.

48 Community Facilities Policy notes to C 1 continued:

3. Exceptional cases Examples of when community facilities under C 1 B) and C) may be exceptionally approved include: • converting a building at risk in the greenbelt to a residential care home Use Class 8 a). • converting an existing building in the greenbelt to a Use Class 10 public display use relating to the management of the greenbelt. • the erection of buildings in an open area of the sensitive countryside for use as a rescue service station.

Community Facilities 49

50 Community Facilities Chapter 5 – Farms, crofts and estates

Summary

5.1 The emphasis in this chapter is not just on ‘development control’, but also on encouraging and promoting appropriate forms of investment and development on farms, crofts and estates. These farms, crofts and estates have been singled out as important components in the economic, social and environmental fabric of Argyll and Bute.

5.2 Farm diversification is encouraged by the policy. In addition, the ‘farm, croft or estate development programme’ is presented as a useful mechanism which can help the agriculture and rural industry realise its land based assets in partnership with the planning authority. This approach can also assist the process of area capacity evaluation and reinforce the land reform process eg. emerging community trusts can participate in this process.

Planning objectives for farms, crofts and estates in Argyll and Bute

5.3 Agriculture is a primary industry and farms, crofts and estates (see policy note page 54) are the economic and social infrastructure units of this industry. The following planning objectives are designed to underpin the workings of this industry and infrastructure within Argyll and Bute.

Objective F 1 – Agriculture, Farms, Crofts and Estates

Within the evolving economic and social context, to promote agriculture in Argyll and Bute as an industry which: • contributes, in addition to its food production functions, to managing and sustaining the environment by way of biodiversity, the land itself and the landscape; to sustaining local communities and employment; to facilitating recreation and the general enjoyment of land; and to realising development potential. • facilitates crofting as a way of life and the use of crofting land (without breaking up the crofting land assets) to support the economy and social fabric of local communities. • realises opportunities for residential, business and tourism based development through farm diversification schemes. • realises farm diversification development opportunities through making use of redundant agricultural buildings and non-operational land. • identifies and safeguards those areas within Argyll and Bute containing its ‘highest value agricultural land’.

Farms, Crofts and Estates 51 The Argyll and Bute Structure Plan (Justification for policy F 1)

5.4 The Argyll and Bute Structure Plan recognises the important contributions of agriculture and crofting to Argyll and Bute, economically, socially and environmentally. The pressures and external factors affecting the industry and its activities are emphasised by the Structure Plan along with the role which diversification and development can play.

5.5 These factors are presented by the Structure Plan as follows:

“Agriculture is a primary industry which is marginalised and undergoing structural change imposed largely by external factors. It is a local industry, however, which will continue to play a long-term and crucial role in sustaining rural community life and the environment of Argyll and Bute. This role, which has a dynamic as well as a stabilising force, is rooted in the working and management of land. Rural development is part of this land management process. The land itself is a primary natural resource and agriculture, crofting and estate infrastructure should be utilised in imaginative and sustainable ways to add value to this resource.

STAT AC 1 encourages non-agricultural forms of development to support farms, crofts and estates in contributing to the economic and social way of life in Argyll and Bute. The mechanism of the ‘farm, croft or estate development programme’ is presented not for control, but as a positive means of informing and engaging rural industries with the development and planning processes more effectively”.

5.6 The Structure Plan also includes a sustainable development based policy under STRAT SI 1 e) relating to development on agricultural land. This policy together with Structure Plan policy STRAT AC 1 have been combined to form one policy F 1 in this local plan. Clause C) relates only to those limited categories of agriculture-based development which require planning permission or notification and which are not covered by other policies in this plan. Further policy notes are included at the annex and the end of this chapter.

52 Farms, Crofts and Estates F 1 – DEVELOPMENT IN SUPPORT OF FARMS, CROFTS AND ESTATES

A) Development shall avoid the use of prime quality or locally important good quality agricultural land. B) Subject to development being consistent with sustaining the key environmental features and the operational integrity of agricultural units, croft land and estate land, encouragement shall be given to: 1. Small scale residential, business and tourism-related development opportunities along with appropriate renewable energy and telecommunication projects on farms, crofts and estates; *there should be a focus on existing building, infill, rounding-off and redevelopment opportunities but more peripheral farm or estate locations may also prove acceptable subject to environmental assessments. 2. Weight shall be given to ‘farm, croft or estate development programmes’** which provide supportive information to planning applications; this information may relate to: a) farm, croft or estate diversification proposals; b) niche-marketing of Argyll and Bute quality products; c) cropping, stocking, deer management, woodland planting and operational programmes; d) the extent and distribution of land quality on farm or croft; e) family and employment considerations. 3. The principle of a single dwellinghouse on appropriate sites on bareland crofts is supported by this plan. On crofts with existing dwellinghouse(s)#, a single additional dwellinghouse accords with this policy subject to its occupation being for crofting purposes and not resulting in the sub-division of the croft. In all cases, development which results in an undesirable break-up of crofts and croft land assets is not supported. C) The principle of agriculture-based development is supported by this plan; this is subject to the development, not having a significant adverse environmental access or servicing impact ##

* - see policy note 1 (page 54)

** - see policy note 2&3 (page 54)

# - see policy note 5 (page 54)

## - see policy notes 6 & 7 (page 54)

Farms, Crofts and Estates 53

Chapter 5 – Annex

Policy notes to F 1:

Definitions of farm, croft and estate 1. Farm – the business and land coinciding with an ‘agricultural unit’. Croft – the land unit established under crofting legislation under the jurisdiction of the Crofters Commission. Estate – a company, trust (including ‘community trusts’ eg. as established on Gigha) and other relatively extensive land holdings comprising urban or countryside land which may include one or more agricultural units and other land.

Farms, crofts and estate development programmes 2. Farms, crofts and estates are considered to be components of the economic and social infrastructure of Argyll and Bute. A continuing diversification of land use within farms and estates and to a more limited extent within crofts, is an important element in achieving sustainable agriculture in rural communities. The Structure Plan policy STRAT AC 1 gives weight to ‘farm-, croft- and estate-development programmes’. Such programmes can help promote diversification and development schemes within the wider context of agricultural, crofting and rural policy development. Similar development programmes can also be pursued with ‘community trusts’ such as emerging from the land reform process eg. on Gigha. 3. Farm, croft and estate development programmes can help the development control process in the following two ways. a) they can help to inform area capacity evaluations, and reveal development opportunity. b) they can provide information which potentially may justify a particular development on locational need or economic benefit grounds.

Policies affecting farms, crofts and estates 4. Policy F 1 A) and B) is an area based policy ie. it relates to development on farms, crofts or estates. For specific categories of development, eg. housing or tourist-accommodation, then the more detailed policies covering these topics should also be referred to.

Existing dwellinghouses on crofts 5. For the purposes of policy F 1 B) 3 existing dwellinghouses corresponds to dwellinghouses existing (completed) at the time of the adoption of the local plan for the area.

Agriculture-based development 6. Policy F 1 C) above relates to those limited circumstances when agricultural based development, depending on their proximity to roads and scale, requires planning permission or notification to the planning authority. 7. Policy F 1 C) does not relate to agricultural activity which becomes industrial in scale and intensity such that planning permission will be required; such use is subject to the business and industry policy B 1. Similarly, policy F 1 C) does not relate to shops on farms which is covered by policy R 2.

54 Farms, Crofts and Estates Chapter 6 – Housing

Summary

6.1 The plan includes locational housing policies as well as those which address the nature and quality of housing provision. In locational terms, the plan encourages housing to take place where it is in a form and scale consistent with the capacity of settlements and countryside areas to successfully absorb such development.

6.2 This translates to support in principle for up to and including large scale housing development in the main towns and medium scale in the small towns and villages but only for small scale development in the minor settlements.

6.3 In the countryside, support is generally only for small scale housing development and it is restricted to rural opportunity areas and to infill, rounding-off and redevelopment sites within the countryside around settlements and sensitive countryside. An exceptional case is required to justify a housing development when it is in open areas of the sensitive countryside. There is a strong policy resistance to housing development in the greenbelt and very sensitive countryside.

6.4 A special policy has been introduced for housing on croft lands. This recognises that a balance needs to be struck between supporting limited amounts of housing on crofts whilst discouraging the break up of the croft land assets.

6.5 In addition to the locational policies, the plan requires provision for local needs and affordable housing to be incorporated into housing development whenever there is evidence of such need. This is part of delivering the wider housing strategy.

6.6 Achieving high quality housing layouts and design is given particular emphasis in the policy. This includes avoiding over-suburbanised forms of development and inappropriate densities in sensitive locations in the villages, minor settlements and countryside.

Housing 55 Presumption in favour and against housing development (Justification for policy H 1)

6.7 The main housing policy sets out presumptions in favour or against different scales and circumstances of housing within the 8 development control zones. These presumptions in favour and against, whilst being specific to housing, are consistent with the more general zone based policies STRAT DC 1-6.

6.8 The presumptions in favour of and against housing development are based on the general development capacities and planning functions of the development control zones. The policy may be thought of as setting a ‘green’ light or ‘red light’. When green, it will only turn to ‘red’ if the details of the housing proposal are found to be fundamentally flawed in terms of environmental, servicing or access impact. When red, it will only turn to green if there is an exceptional case justifying the development, and the proposal is otherwise acceptable in terms of environmental, servicing and access impact.

Housing in the settlements

6.9 In the case of settlements, the presumptions in favour or against are based largely on whether the housing development is of an appropriate scale (small-, medium- or large-scale) for the size of the settlement (minor settlement, small town and village; or main town). The scales of housing development have been defined (see page 62) with regard to whether these three categories of settlement have a general capacity to successfully absorb particular scales of housing and other forms of development.

Housing in the countryside around settlements

6.10 In the case of the countryside around settlements, the presumptions in favour or against are based largely on whether the housing development will be consistent with and, co-ordinated by, the settlement plan which covers this zone. This translates to support in principle (a presumption in favour) for small scale housing development on infill, rounding-off, change of use of building and redevelopment sites provided that this does not result in undesirable forms of settlement coalescence or ribbon development. There is a resistance to unplanned, opportunistic housing development in the open countryside within this zone since this would be inappropriate in the more pressured territory on the periphery of settlements. Exceptions to this are where a strictly limited amount of housing development on croft land may be acceptable – see policy F 1 (page 136) or where a locational need is demonstrated and there is no prejudice to the settlement plan for the area.

Housing in the greenbelt

6.11 Within the greenbelt, an even stricter policy regime applies, based on resisting urban expansion and new housing development. Accordingly, there is a presumption against and resistance to new housing development within this zone. The only exception made is in the very exceptional circumstances of a housing conversion proving to be an acceptable means of securing the future of a valued existing building.

Housing in the rural opportunity areas

6.12 The rural opportunity areas have been mapped specifically with a view to identifying areas within which there is a general capacity to successfully absorb small scale housing development. This includes open countryside locations where appropriate forms of small scale housing development will be in tune with landscape character and settlement pattern. Consequently, there is a presumption in favour of small scale housing development within this zone. Conversely, there is a presumption against medium and large scale housing development which would not be generally appropriate for these countryside areas and would undermine the intentions of the settlement strategy. An exceptional case approach applies to housing exceeding the small scale in this zone.

56 Housing Housing in the sensitive countryside

6.13 The sensitive countryside may be viewed as intermediate between rural opportunity areas and very sensitive countryside. This zone does not have general capacity to successfully absorb new housing development when it is in the open countryside. Consequently, the presumption in favour is restricted to small scale housing development close to existing buildings in infill, rounding-off, change of use of building and redevelopment sites. There is a presumption against medium or large scale housing development on these building-focused sites and also against any scale of new housing development in the open countryside within this zone. If such housing development is to be supported then an exceptional case will need to be demonstrated justifying the proposal.

6.14 When small scale housing is proposed in the open countryside, demonstrating, that with this specific proposal, there is capacity to successfully integrate the development with the landscape and settlement pattern will be sufficient to justify the development on an exceptional basis. This is notwithstanding the initial presumption against. The planning authority will conduct area capacity evaluations in order to assess the direct and cumulative impact of such development. In the case of medium or large scale housing development, then it will be much more difficult to justify such development on an exceptional basis. This is because this larger scale of housing in the countryside would conflict with the purposes and intentions of the wider settlement strategy.

Housing in the very sensitive countryside

6.15 The very sensitive countryside corresponds to the isolated coast, relatively high ground, mountain areas and to especially vulnerable lowland areas where there is generally extremely limited capacity to successfully absorb any scale of new housing development. Consequently, there is a presumption against new housing development in this zone. The only exception made is in the very exceptional circumstance of a house being required for operational reasons and where it can utilise an existing building if available.

Housing 57 H 1 – HOUSING DEVELOPMENT

A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, housing development shall be resisted when it involves: In the settlements: 1. large scale housing development in small towns and villages and minor settlements. 2. medium scale housing development in the minor settlements. In the countryside: 3. large and medium scale housing development in all the countryside zones. 4. small scale housing development in the greenbelt, very sensitive countryside and in open areas within countryside around settlements and sensitive countryside. On croft lands: 5. more than one dwellinghouse on a bareland croft; or more than one additional dwellinghouse on an individual croft containing an existing dwellinghouse; or a new dwellinghouse proposed on a croft where this involves the subdivision of the croft. C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated – see policy notes 3 in Annex (pages 63 and 64).

Affordable housing (Justification for policy H 2)

6.16 There is a general commitment to facilitate greater choice in housing in terms of location, design, tenure and cost. However, it is recognised that the market will not be able to meet some important housing needs. This includes locations and circumstances where housing affordable to lower income groups is not adequately supplied by the market. In a limited context, the planning system can assist with the provision and retention of such housing where a particular need for affordable housing has been demonstrated. On this issue, Scottish Planning Policy 3 concludes that:

“Development plans should allocate sufficient land overall to ensure land is available to meet requirements including affordable housing needs. As with market-led housing development, the requirement for affordable housing should where possible be met within the housing market area where the need has been identified. In due course, local housing strategies (LHS) will identify any need and set out how the council intends to address it. Where a housing needs assessment within a current LHS identifies a shortage of affordable housing, this is a material consideration in planning processes, which should be addressed as the opportunity arises through reviews of structure and local plans. Where the planning authority believes that the planning system has a role to play in the provision of affordable housing locally, this should be signalled as soon as possible in the development plan with an outline of what is expected from prospective developers.”

58 Housing

6.17 The evident local need for affordable housing in Argyll and Bute is set out in the housing provisions of this plan. This is in the form of allocation sites for the planning areas and settlements and can be found in Plan Document 1 (pages 37-48). This draws upon the emerging Argyll and Bute housing strategy and completed housing market studies. The level of affordable housing provision is indicated in the schedules for selected allocation sites; these sites have been selected on the basis of their location and suitability for affordable housing provision. Development briefs for these sites are also being worked up as part of the Supplementary Information and Guidance report. Policy H 2 has been limited in its scope. It does not impose a common quota or target on developers regardless of market conditions, or evidence of actual need or regardless of the suitability of particular sites for affordable housing.

6.18 The Structure Plan policy STRAT HO 1 sets out the broad basis for housing development control policy in Argyll and Bute. Part A) of this policy supports planning conditions and agreements being used in appropriate cases to facilitate delivery of local housing need including affordable housing provision. This part A) of the Structure Plan policy has been incorporated into policy H 2.

6.19 Policy notes to policy H 2 are set out in the annex at the end of this chapter. For the purposes of this plan, these cover the definition of local housing need, affordable housing and windfall sites and further address the issue of the long-term delivery of local needs and affordable housing.

H 2 – PROVISION OF HOUSING TO MEET LOCAL NEEDS INCLUDING AFFORDABLE HOUSING PROVISION

A) Planning conditions and planning agreements shall be required, in appropriate cases, to facilitate the delivery of housing to meet local housing needs, including affordable housing provision. B) Developments shall be required to make specific provision for identified local housing needs, which may include affordable housing, whenever: i) the development relates to a housing allocation site in this plan and ii) the schedule for this allocation site requires a specific local housing need or specific affordable housing provision to be made. C) On other sites eg. on potential development areas and windfall sites, local needs and affordable housing will be encouraged having regard to market conditions and the suitability of the site for such provision. D) The long term delivery of affordable housing on individual allocation sites shall be sustained by appropriate housing association, landlord or developer management and marketing arrangements. Planning conditions or agreements may be appropriate in some cases – see policy note 2 to H 2 on page 65.

Housing 59 Planning for special needs in housing developments (Justification for policy H 3)

6.20 The Structure Plan development control policy STRAT HO 1 E) also requires that special group access needs be taken into account by housing development proposals. This Structure Plan policy is carried over as policy H 3. There will be further guidance in the Supplementary Information and Guidance report under the ‘recreation and open space’, and the ‘access and parking’ headings.

H 3 – SPECIAL NEEDS ACCESS PROVISION IN HOUSING DEVELOPMENTS

A) Housing development proposal shall take account of and make appropriate access, recreational and open space provision for the following special needs groups: - the disabled and wheelchair operators - those with sight and hearing impairments - the frail, the elderly and groups vulnerable to crime - young children and parents with prams - those dependent on public transport - pedestrians and cyclists B) Housing development proposals which make inadequate provision in respect of the above will be resisted. The onus is on the applicant to justify why no provision or reduced standards of provision are being incorporated into development proposals.

Employment and children’s crèche use within residential property

6.21 Working from home is a growing trend, particularly with those forms of employment which are facilitated by on-line communications (eg. the telecottage concept). Argyll and Bute offers particularly high quality residential environments which when combined with the locational freedom of information technology-based employment becomes a marketable asset. There is the added advantage that this form of employment reduces the need for journeys to work.

6.22 One specialised form of home based employment is the provision of children’s crèches for working families. As with home working generally, this plan supports such use within residential properties providing the specific property is suited to this use without detriment to the amenity of neighbouring property.

6.23 Much of employment or children’s crèche related activity will be at an ancillary level which does not require express planning permission. However, in some cases the level of activity will be sufficient to require planning permission. This plan supports such use, providing that the intensity and nature of the employment does not raise significant bad neighbour impact.

6.24 Guidance relating to employment and children’s crèche use of residential property is to be found in the Supplementary Information and Guidance report. Bed and breakfast and guesthouse use can also overlap with residential use. Policy T 1 (page 71) covers this form of use and development.

60 Housing Housing layout and design (Justification for policy H 4)

6.25 The promotion of good quality housing layout and design is emphasised in national planning guidance. This is carried through into the Structure Plan Objective SI 2 which seeks “to promote a general improvement in the quality of design and encourage development of a scale, form and location appropriate to the character of the landscape and settlements of Argyll and Bute”. The Structure Plan under STRAT HO 1 D) focuses this promotion of good design specifically on to housing layouts and design. This is carried over into policy H 4 below and reflects the very significant visual impact which housing development layouts and design can make on the appearance and overall quality of the relatively small settlements and countryside areas of Argyll and Bute.

H 4 – HOUSING LAYOUT AND DESIGN

A) Encouragement shall be given to traditional, innovative and sympathetic housing development layout and design which are appropriate to their mainland, island, town, village, minor settlement, countryside or coastal settings. B) Housing layout and designs which are judged by the planning authority to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted. Overly suburbanised forms of development are unlikely to be accepted in sensitive locations in villages, minor settlements and countryside. C) Housing densities shall take account of the nature of the housing proposed and the quality of the area containing the site. Over-development of sites shall be resisted. When applicable, housing densities shall comply with development briefs in this plan*. In the case of non-flatted housing development, the private open space provision shall meet the minimum standard specified in policy note 1 below. Reduced standards may be acceptable in the following exceptional circumstances. 1. where there are special site considerations eg. where constraints on private open space are imposed due to the quality of the built environment such as in conservation areas or 2. when there are special occupancy circumstances eg. when the first and future occupiers are unlikely to require these standards of private open space provision (noting that a Section 75 planning agreement may be required, at the discretion of the planning authority to underpin future restricted occupancy).

*to be included in due course in a Supplementary Information and Guidance report.

Housing 61 Chapter 6 – Annex

Policy notes to H 1:

Scales of housing development 1. Small scale house - development not exceeding 5 dwelling units. Medium scale housing - development between 6 and 30 dwelling units inclusive. Large scale housing - development exceeding 30 dwelling units.

Policy notes to H 1 continued:

Presumptions in favour of housing development include

2. All locations a. housing development which is consistent with local plan allocations and potential development areas or with planning permission granted. b. alterations and extensions to, and replacement of, residential buildings (with no change of use occurring); and ancillary access, engineering and utility works;

In the settlements c. small, medium or large scale housing development in the main towns; small and medium scale housing development in the small towns and villages; and small scale housing development in the minor settlements

In the countryside d. small scale housing development in rural opportunity areas and on infill, rounding-off, or redevelopment sites within the countryside around settlements and sensitive countryside.

On crofting land e. a single dwellinghouse on a bareland croft (with no occupancy restriction) or a single additional dwellinghouse on individual crofts containing an existing dwellinghouse (with the occupancy of the additional or existing dwellinghouse to be tied to the working of the croft).

62 Housing Policy notes to H 1 continued:

3. Exceptional Cases When an exceptional case is required to justify a proposed housing development under policy H 1 B) and C), the following shall be demonstrated to the satisfaction of the planning authority.

All areas a the proposal will not result in incongruous siting, scale, form and design of housing; this will exclude unacceptable forms of ribbon development, settlement coalescence, abrupt settlement edges and inappropriate urban or suburban forms of housing layout and design within the countryside and smaller settlements

In small towns, villages and minor settlements b where the proposal involves large scale housing development in a small town or village, or medium scale in a minor settlement, this should be supported by a deliberate attempt to counter population decline in the area or else meet a local housing need for this scale of development; such proposals should not overwhelm the character or the capacity of the settlement

In all countryside zones c large scale housing development in the countryside will not be supported and an approval will be a departure to the plan. d where a new house is being proposed on croft land in the circumstances of policy H 1 B) 5 (see page 58), an approval would be as a departure to this plan.

Countryside around settlements e where housing is proposed on open sites (not infill, rounding-off or redevelopment sites) within the countryside around settlements, this will not be supported unless in very special circumstances: i) there is a locational need for the development to take place on the proposed site within the countryside around settlements zone and ii) the development is small in scale and iii) the development can take place without prejudice to the settlement plan for the area.

Greenbelt f where housing is proposed in the greenbelt, this will not be supported unless in very special circumstances. i) the development involves the conversion of a valued existing and substantial building, allowing also for the subordinate extension of such building, and ii) it is demonstrated to the satisfaction of the planning authority, that: - the proposed housing conversion is the only viable means of securing the future of this valued building and - this could not be practically achieved by conversion to a countryside use which is more compatible with the greenbelt zoning.

Housing 63 Policy notes to H 1 continued:

Rural opportunity areas g large scale housing in this zone will not be supported and approval of this scale of housing would be a departure to the plan. h where the proposal involves medium scale housing development in rural opportunity areas it will require to demonstrate that there is capacity to successfully integrate the development with the landscape and settlement pattern*; those units above five (above small scale) will further require justification on one or more of the following grounds: i) the proposal is an integral element of a wider tourist-related or farm diversification development bringing economic benefit to the area. ii) there is a demonstrable locational need for the housing to be sited as proposed. iii) there is a significant environmental enhancement or a desirable redevelopment of an existing building associated with the proposal.

Sensitive countryside i large scale housing in this zone will not be supported and approval of this scale of housing would be a departure to the plan. j where the proposal involves medium scale housing development in sensitive countryside locations, it will require to demonstrate that there is capacity to successfully integrate the development with the landscape and settlement pattern*; these units above five (above small scale) will further require justification on one or more of the following grounds: i) the proposal is an integral element of a wider tourist-related or farm diversification development bringing economic benefit to the area. ii) there is a demonstrable locational need for the housing to be sited as proposed. iii) there is a significant environmental enhancement or a desirable redevelopment of an existing building associated with the proposal. k where the proposal involves small scale housing development in open areas (not infill, rounding-off or redevelopment sites) within the sensitive countryside, it will require to demonstrate successful integration with the landscape and settlement pattern*; additional support factors are not necessary to justify such development;

Very sensitive countryside l where a new house is proposed within very sensitive countryside this will not be supported unless in very special circumstances: i) it will directly sustain a legitimate land or water operation within the very sensitive countryside area and ii) it is confined to conversion or extension of existing buildings.

*the planning authority will have regard to Planning Advice Note 36 and to area capacity evaluation (ACE) when considering development capacity, and impact on landscape and settlement pattern –supplementary guidance on ACE will be included in the Supplementary Information and Guidance report

64 Housing Policy notes to H 2:

Definitions of local housing need and affordable housing 1. Local housing need as referred to in policy H 2 is housing for the elderly, key workers or other special groups such as those in need of affordable housing. Affordable housing, for the purposes of this plan is as follows: Broadly defined as housing of a reasonable quality that is affordable to people on modest incomes. In some places the market can provide some or all of the affordable housing that is needed, but in other places it is necessary to make housing available at a cost below market value to meet an identified need. Affordable housing may take the form of starter homes, shared equity housing or social rented housing. As a rule of thumb and, again, for the purposes of this plan, affordable is taken to be an annual household cost which does not exceed 25% of the average household income for a particular housing market area.

Long term delivery of local needs and affordable housing 2. Evidence of appropriate management and marketing arrangements having been written into title deeds may suffice for the planning determination and registered social landlords will not be expected to enter into formal Section 75 planning agreements. However, where it is judged by the planning authority that arrangements are insufficient to reasonably secure effective long term delivery, then a formal Section 75 planning agreement or equivalent can expect to be a prerequisite for planning permission in order to secure the affordable housing component for lower income or special need occupancy groups.

Windfall housing sites 3. For the purposes of this Plan, new housing development on infill, rounding-off and redevelopment sites located within settlements or new housing located on appropriate countryside sites can be referred to as windfall development when it is not located within a formal allocation or potential development area.

Policy notes to H 3:

Recreation, open space and special access needs provision in housing development 1. Policies and supplementary guidance relating to recreation and open space provision and to access and parking are particularly relevant to meeting special needs in housing developments. Further guidance on these matters will be found in the Supplementary Information and Guidance report. This will include guidelines based on the National Playing Fields Associations standards for recreation and open space. 2. Where appropriate, expert advice from bodies such as Sports Scotland and Strathclyde Police will be sought to inform the assessment of housing development proposals.

Housing 65 Policy notes to H 4:

Housing layout and design 1. New housing development should incorporate plot ratios with each main building footprint (ignoring permitted development extension potential) at a maximum of one-third overall individual plot area; the available private open space within the plot (including driveways and parking space) should be at minimum 75m2 and the front curtilage area (excluding side and rear curtilage) at a minimum of 25m2.

2. Reference should be made to the further guidance on development setting, layouts and design to be included in the Supplementary Information and Guidance report and also to: • Argyll and Bute District Council Design Guide A – New Houses in the Countryside. • Argyll and Bute District Council Design Guide C – New Buildings in Towns and Villages. 3. Reference should be further made to the following housing and design guidelines which will continue to be reviewed and updated: • Scottish Executive Planning Advice Note 36 – Siting and Design of New Houses in the Countryside. • Scottish Executive Planning Advice Note 44 – Fitting New Housing Development into the Landscape. • Scottish Executive Planning Advice Note 46 – Planning for Crime Prevention. • Scottish Executive Planning Advice Note 52 – Planning and Small Towns. • Scottish Executive Planning Advice Note 57 – Transport and Planning. • Scottish Executive Planning Advice Note 61 – Planning and Sustainable Urban Drainage Systems. • Scottish Executive Planning Advice Note 65 – Planning and Open Space. • Scottish Executive Planning Advice Note 67 – Housing Quality.

66 Housing Chapter 7 – Tourist accommodation

Summary

7.1 Tourism and tourist accommodation development are vital ingredients in the Argyll and Bute economy. Accordingly, the development control policies in this plan are supportive of this form of investment and development. However, as with housing and other categories of development, the capacity of settlements and areas of the countryside to successfully absorb different forms of tourist accommodation development is an important consideration. These issues are reflected in the policies in this chapter.

7.2 Within the settlements, tourist accommodation development is required to be of a form and scale compatible with the size of the settlement and with the surrounding land uses. Within the countryside, development is required to be of a form and scale which will integrate well with the environment and surroundings.

7.3 Locations which are considered to be generally unsuitable for tourist accommodation development are the very sensitive countryside, the greenbelt (outwith existing buildings) and open areas within the countryside around settlements and sensitive countryside. In the latter zone, however, there can still be support for tourist accommodation in open areas provided that environmental capacity to successfully integrate the development is demonstrated on a case by case basis. In rural opportunity areas there is support for small scale tourist accommodation development whilst a special case is needed to justify a larger scale development.

7.4 The policy distinguishes between, on the one hand, tourist accommodation in buildings, and on the other, tourist caravan and camping site developments. The latter are generally less compatible visually and in land use terms, whether within settlements or in a countryside locations.

7.5 A policy is also included which addresses permanent residential use of tourist accommodation as well as the introduction of non-tourist use within a limited number of ‘primary tourism areas’. This policy is considered necessary in order to support flexibility between tourist, visitor and residential use whilst maintaining consistency with the wider settlement strategy which limits the scale of housing in the countryside. The ‘primary tourism areas’ are considered to be important components in the tourism infrastructure which could be eroded by the incursion of inappropriate land use.

Tourist Accommodation 67 The Argyll and Bute Structure Plan

7.6 The Structure Plan emphasises the importance of the tourist sector of the economy of Argyll and Bute and sets out a range of tourist-related objectives.

“Tourism is a strategic sector which will continue to play a significant role in the economy of Argyll and Bute. It deserves special attention in terms of planning policy and partnerships; this involves continuing to work closely with the local enterprise companies and ‘Visit Scotland’. A range of objectives for tourism is set out under Objective TOUR 1:

Objective TOUR 1 – Tourism

To promote the growth of tourism of both the quantity and quality of tourism products, and as a continuing strategic sector in the Argyll and Bute economy whilst realising: a) improved functioning of the towns of Argyll and Bute as tourist destinations and opportunities for tourist related development within other settlements and at appropriate countryside and coastal locations; this should be commensurate with the capacity of these locations to successfully absorb development and for Argyll and Bute, as a whole, to grow as a sustainable tourist destination. b) increased awareness of the wide variety of tourism products within Argyll and Bute including knowledge of national tourist routes, tourist trails, tourist accommodation and of boating and yachting, recreational, cultural, business, environmental and educational-based tourism products. c) opportunities to increase tourist activity within Argyll and Bute as a whole arising from: the Loch Lomond and the Trossachs National Park; the potential of the west of Argyll and Bute to be promoted as an ‘Argyll Isles – Rural Development Area’; the Tourism Development Areas and water related tourism opportunities, particularly boating and yachting. d) opportunities for ‘green tourism’ and for eco-friendly tourist initiatives which can build on:

the Argyll and Bute biodiversity richness which is an as yet unrealised asset along with the spectacular and internationally acclaimed landward and maritime wildlife and the potential of wildlife/leisure activity to reinforce and expand the tourist season.

the unique Argyll and Bute island – peninsular – and mainland – landscapes, coastscapes and seascapes. e) an increase in quantity and quality of tourism-based local employment opportunities. f) successful management of visitor pressure in sensitive locations”.

68 Tourist Accommodation Tourist accommodation and development control

7.7 Tourist-related development is not a ‘use class’ under planning regulations. Rather, it is a use and a development type which can coincide with or comprise a particular Use Class eg. Use Class 7 (Hotels & Hostels) or miscellaneous use such as holiday caravans or campsites. Alternatively, tourist-related use may be a limited form or an intensification of a particular use eg. Use Class 9 (Houses) being used for holiday/visitor occupation or a Use Class 9 (House) with bed and breakfast facilities intensifying to a point where the commercial use requires planning permission. Tourist- related development may also be associated with other use classes such as Use Class 1 (Shops) and Use Class 11 (Assembly & Leisure).

7.8 In order to avoid policy confusion between these overlapping development types and uses, the development control policies in this chapter have been restricted to the following accommodation based categories of tourist-related development:

A) Hotel, boarding house, bed and breakfast, guest house and hostel and associated facility development:

This includes letting accommodation and licensed facilities which are classified as Use Class 7 – Hotels and Hostels development as well as (non Use Class 7) hotel, boarding house, guest house or hostel development which is licensed for the sale of alcoholic liquor to persons consuming meals on the premises. Policies in this chapter cover bed and breakfast/guest house development but not when it is ‘permitted’ by virtue of being below the accommodation level requiring express planning permission.

B) Holiday/visitor- chalets, -cottages, -flats and –bunkhouses:

This includes holiday/visitor accommodation* which is intended to be, or which is required by policy to be, occupied by holiday makers or visitors only and not occupied for permanent residential purposes. *noting that proposed holiday/visitor accommodation which has sufficient facilities to be a Use Class 9 house or flatted dwelling and which is open and not restricted by policy to be occupied as such a dwelling is subject to the housing policies in this plan.

C) Holiday caravans and camping

This involves use of land** for more than 28 days by touring or static caravans (including essentially mobile structure which constitute caravans) or by motorised camper vans or tents which are used for holiday/visitor accommodation purposes. **other than:

• non-commercial visitor accommodation which is located within the curtilage of a dwellinghouse and ancillary to the residential use or • use of land or as a caravan site which is permitted development under the ‘rule of three’ or • use of land as a ‘caravan club’ site.

Tourist Accommodation 69 Holiday and visitor building accommodation, holiday caravans and camping sites (Justification for policy T 1)

7.9 The development control policies for tourist accommodation are arranged on a similar basis to the other main categories of development in this plan ie. the policies comprise initial presumptions in favour or resistance to tourist accommodation development. The presumption in favour may be thought of as setting an initial ‘green light’ for the development which will only turn to ‘red’ if the proposal is found to be significantly flawed in terms of environmental, servicing or access impact. The presumption against sets an initial ‘red light’ which potentially may turn to ‘green’ if an exceptional case in support of the development is successfully demonstrated and if the proposal is acceptable in terms of other policy considerations.

7.10 The presumptions in favour and against tourist accommodation development reflect the general capacity and sensitivities of settlements and countryside locations to successfully accommodate these forms of development. Policy T 1 distinguishes between tourist accommodation in buildings on the one hand, and holiday caravans or camping sites, on the other. This is because there is generally less visual capacity, both in settlements and in the countryside, to successfully absorb caravans (particularly metal caravans) and camping than is the case with well designed more permanent buildings. The presumptions in favour of building development, follow a similar pattern, at the small scale level to the presumptions in favour of housing development. The reason for this is that the capacity of settlements and countryside to successfully absorb small scale tourist building accommodation and housing development are basically the same and because conflicts with the settlement strategy do not arise at this scale.

7.11 In addition to policy T 1, reference should be made to the policy notes in the annex at the end of this chapter. These include definitions of the scales of different categories of tourist accommodation development, along with a more detailed breakdown of presumptions in favour and against. The policy notes also include detailed criteria for when exceptions to policy T 1 B) may be considered acceptable.

70 Tourist Accommodation T 1 – PRESUMPTIONS IN FAVOUR AND AGAINST TOURIST ACCOMMODATION DEVELOPMENT

A) There is a presumption in favour of tourist accommodation development other than those categories, scales and locations of development in B) below. Tourist accommodation development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, tourist accommodation shall be resisted when it involves: In the settlements 1. large scale tourist and visitor building accommodation development within small towns and villages and medium or large scale within the minor settlements. 2. bed and breakfast use exceeding 10 commercial bed spaces on one site within a predominantly residential area. 3. tourist accommodation exceeding 10 self-catering letting units cumulatively on one site or accommodation facilities which are to be operated with a full hotel or public house licence located within a predominantly residential area. In the countryside 4. medium and large scale tourist and visitor building accommodation development within all the countryside zones and small scale development when located in open areas of the countryside around settlements and sensitive countryside. 5. small scale tourist and visitor building accommodation development in the greenbelt and very sensitive countryside, other than where using an existing building (allowing for subordinate extensions or such buildings). Tourist caravan and camping development 6. the introduction or expansion of caravan and camping site development within minor settlements, greenbelt or very sensitive countryside or within the curtilage of listed buildings, a conservation area or historic landscape. 7. caravan and camping development in open areas of the countryside around settlements or sensitive countryside. C) Tourist accommodation, for which there is a presumption against under B) above, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated.

Tourist Accommodation 71 Permanent residential use within tourist accommodation development sites and non-tourist uses within primary tourism areas (Justification for policy T 2)

7.12 There is potential for conflict to arise with the Structure Plan settlement strategy if holiday/visitor accommodation development were to have no restrictions on whether it can be used for permanent residential purposes (in the form of Use Class 9 – houses or in the form of flatted dwellinghouses). This is because a substantial tourist accommodation development in the countryside might well evolve or revert to permanent residential use, thereby establishing medium or large scale housing outwith the settlements. This would run counter to the Structure Plan settlement strategy. On the other hand, a policy which is too restrictive in this respect runs the risk of introducing inflexibility and unnecessarily losing development opportunity and economic benefit.

7.13 Clearly a balance needs to be struck on this issue. Policy T 2 strikes an appropriate balance by recognising that there is little difference in development outcomes and in policy terms between permanent residential use and holiday or visitor accommodation when the development is small in scale. The policy tension is introduced at the medium and large scale. It is at this medium or large scale that restrictions on permanent residential use within tourist accommodation development should apply, with only a limited range of exceptions being allowed for.

7.14 Policy T 2 also addresses the issue of safeguarding the role of key tourism sites and areas – referred to in this plan as primary tourism areas (PTA’s). These are viewed as key sites and areas within the overall tourism infrastructure of the planning area eg. the main tourist caravan sites. They are shown on the proposal maps A and C and include a core tourism accommodation locality in Oban. Within this PTA, tourist accommodation use is dominant and shall be favoured over other uses, including permanent residential use.

7.15 Portincaple, north of Garelochhead, contains a special category of PTA. It is a substantial area containing a mixture of tourist accommodation and houses. Because of its development history and related severe access and servicing constraints, the area is not considered suitable for further residential development. This represents a continuance of previous local plan policy for the area.

72 Tourist Accommodation T 2 – PERMANENT RESIDENTIAL USE WITHIN TOURIST ACCOMMODATION SITES AND NON-TOURIST USES WITHIN PRIMARY TOURISM AREAS (PTA’s)

Permanent residential use within tourist-accommodation sites A) With the exception of PTA’s (see C) below), tourist-accommodation development sites may incorporate (in the form of new build or use of existing buildings in any combination) up to and including 5 houses or flatted permanent dwellings. Above this level of provision, tourist accommodation building accommodation shall be restricted by planning condition to holiday or visitor use unless dispensation for further permanent residential use is granted in exceptional circumstances. B) Exceptional circumstances which potentially may justify additional (over and above 5 dwelling units) permanent residential accommodation being provided include: 1. a locational need being established for managerial, operational or other staff to be resident on the site – in these circumstances the occupation of the dwelling units shall be tied by planning condition to the tourist related development it services or 2. additional, permanent and unrestricted residential provision being approved as part of an overall tourist-related development package and this provision having been demonstrated* as an essential component in the implementation and future viability of the wider development or 3. a tourist-related development having been operational and subsequently demonstrated not to be commercially viable without the introduction of permanent residential use of the restricted use accommodation. Non-tourist uses within a ‘primary tourism area’ (PTA) C) Within a PTA, non-tourist related development shall be resisted unless it comprises: 1. an alteration, extension or expansion of an existing non-tourist related development on its current site within the PTA or 2. the provision of managerial and other staff accommodation directly associated with the tourist related development within the PTA or 3. new housing (Use Class 9 or flatted dwellings) in the form of new build or change of use which is conditioned to be occupied for holiday and visitor purposes only and not as permanent residences and subject to 5 below or 4. other development which will not directly or cumulatively prejudice the effective functioning of the PTA and there being little likelihood of objection arising from the proposed use in relation to neighbouring tourist related development and 5. in all cases, the access and servicing arrangements being of an appropriate standard to service the proposed non-tourist related development**. *Evidence to support exceptional cases under T 2 B) 2 above will be expected to include business plans and support from funding agencies such as financial institutions and local enterprise companies. **The very substandard condition of the access regime serving the Portincaple PTA places a severe constraint on any development likely to generate additional vehicular traffic.

Tourist Accommodation 73 Supplementary guidance on tourist related development

7.16 In addition to the preceding tourist accommodation policies, there is to be further guidance in the Supplementary Information and Guidance report. This guidance will relate to:

• development opportunities which potentially may support a tourist accommodation development.

• setting, layout and design considerations for tourist accommodation development.

• provision of facilities and management of activities associated with tourist accommodation development.

• natural and historic environment resources which are vulnerable to visitor pressure and recreational activity.

Reference should also be made to a map showing the main tourism infrastructure of Argyll and Bute – see Supplementary Information and Guidance report.

74 Tourist Accommodation Chapter 7 – Annex

Policy notes to T 1:

1. Scales of tourist accommodation development

Tourist building accommodation Small scale - accommodation cumulatively not exceeding 10 letting units. - licensed, eating and indoor recreational facilities cumulatively not exceeding 200m2 gross floorspace. - outdoor recreational facilities with site area cumulatively not exceeding 0.5 hectares. Medium scale - accommodation cumulatively between 11 and 60 letting units inclusive. licensed eating and indoor recreational facilities cumulatively being between 200m2 and 600m2 gross floorspace. outdoor recreational facilities with site area cumulatively between 0.5 and 2 hectares. Large scale - accommodation cumulatively exceeding 60 letting units. - licensed, eating or indoor recreational facilities cumulatively exceeding 600m2 gross floorspace. - outdoor recreational facilities with site area exceeding 2 hectares.

Caravan and camping sites Small scale - not exceeding 10 caravans or stances or 50 tent pitches and ancillary buildings not exceeding 200m2 gross floorspace. Medium scale - between 11 caravans or stances and 50 caravans or stances, or between 50 and 100 tent pitches and ancillary buildings between 200m2 and 600m2 gross floorspace. Large scale - Exceeding 50 caravans or stances or 100 tent pitches or ancillary buildings exceeding 600m2 gross floorspace.

Tourist Accommodation 75 Policy notes to T 1 continued:

2. Presumptions in favour of tourist accommodation development

All locations a tourist accommodation which is consistent with local plan allocations or potential development areas or with planning permissions granted. b alterations and extensions to buildings; replacement of holiday and visitor accommodation buildings or ancillary buildings in a holiday caravan or camping site; and ancillary access, engineering and utility works. c bed and breakfast use not exceeding 10 commercial bed spaces within a predominantly residential area.

In the settlements d tourist building accommodation development which is small, medium or large scale within the main towns; small and medium scale within the small towns and villages; and small scale within the minor settlements.

In the countryside e tourist building accommodation development which is small scale in rural opportunity areas or which constitutes small scale infill, rounding-off, redevelopment and change of use of buildings within countryside around settlements and sensitive countryside; f small scale tourist accommodation use in existing buildings within the greenbelt and the very sensitive countryside subject to being part of a farm diversification scheme or natural resource based use.

Holiday caravans and camping g holiday caravan and camping development which is small and medium scale within the main towns; small scale within the small towns, villages and rural opportunity areas. h holiday caravans and camping development which constitutes small scale infill and rounding-off development within the countryside around settlements and sensitive countryside.

76 Tourist Accommodation Policy notes to T 1 continued:

3. Exceptional cases When an exceptional case is required to justify a proposed tourist accommodation development under T 1 C) the following shall be demonstrated to the satisfaction of the planning authority:

All locations a notwithstanding the initial presumption against, that with this specific proposal and site there is in fact capacity to sympathetically integrate the development with its surroundings and b the proposal will not result in incongruous siting, scale, layout and design; this will exclude: i) unacceptable forms of ribbon development, settlement coalescence, abrupt settlement edges and inappropriate urban or suburban layouts and design particularly in the countryside or in the smaller settlements. ii) inappropriate regimental layouts, uniformity of design or designs with an essentially temporary appearance, particularly where the site and development is generally open to public view from significant view points. iii) caravan sites and metal caravans (which have an essentially temporary appearance and strong tendency for regimental layout) which are open to important public viewpoints and not effectively integrated with the screening elements of the landscape and enclosure.

In the settlements c where covered by policy T 1 B) 1-3, the specific development proposed shall demonstrate that it will not overwhelm the character or the limited capacity of the settlement to absorb such development, and that it is in fact compatible with the surrounding land uses.

In the countryside around settlements d where tourist accommodation is proposed in open areas (see policy note f over) within the countryside around settlements, this will not be supported unless in very special circumstances: i) the proposal represents a distinctive development opportunity which cannot be readily met either within the neighbouring settlements or elsewhere in the neighbouring countryside beyond the countryside around settlements boundary and ii) the development can take place without prejudice to the settlement plan for the area.

In the greenbelt e where tourist accommodation is proposed in the greenbelt, this will not be supported unless the development is part of a farm diversification scheme and involves the conversion of an existing building, allowing also for the subordinate extension of such building; the siting of caravans will only be supported where it is small in scale and is visually contained from outside view and is part of a farm diversification scheme.

Tourist Accommodation 77 Policy notes to T 1 continued:

In rural opportunity areas and sensitive countryside f small scale tourist accommodation in open areas* of the sensitive countryside or medium or large scale development in any location in rural opportunity areas or sensitive countryside, will require to demonstrate that: there is in fact capacity in the surrounding landscape and settlement pattern, notwithstanding the initial presumption against, to successfully absorb the specific development proposed; the planning authority will have regard to area capacity evaluations when considering this matter – see further guidance on area capacity evaluation to be included in the Supplementary Information and Guidance report. *For the purposes of this plan, open areas are those locations which are not infill, rounding-off or redevelopment sites.

In the very sensitive countryside g where tourist accommodation is proposed in very sensitive countryside, this will not be supported unless in exceptional circumstances: i) it will directly support a natural resource based activity within the very sensitive countryside zone – this can include natural resource based specialist tourist development and ii) it is confined to conversion or extension of existing buildings but allowing for new building in very special circumstances eg. erection of a fishing bothy or when there is a locational need for a new building tied to a specialist development.

On crofting land h where the development affects croft lands, the proposal shall demonstrate that there will be no significant loss to the crofting assets of the area.

78 Tourist Accommodation Chapter 8 – Business and industry

Summary

8.1 This local plan is supportive of inward and expanding business and industry investment which will help to realise the economic and social objectives of the Structure Plan. This investment can best take place in settlements, particularly in key settlements where there are economies of scale which will support the investment. The policies in the plan reflect the fact that business development is generally more compatible with neighbouring land use than is the case with industry development.

8.2 Notwithstanding the focus on settlements, there is capacity for small scale business and industry development to take place in certain low profile countryside locations. Also, an exceptional case can sometimes justify a larger scale or specialist type of business and industry development being located outwith the normally preferred locations identified by this plan. Sequential tests for considering these exceptional cases are included in the plan.

Argyll and Bute Structure Plan

8.3 Inward and indigenous business and industry investment is central to realising the following economic and social objectives of the Structure Plan.

• to improve economic competitiveness and the relatively poor economic performance of Argyll and Bute as a whole.

• to enhance the economic and social prospects of the geographically diverse local communities in Argyll and Bute.

• to promote appropriate responses to the variety of challenging economic, transport- related and planning circumstances facing these local communities.

• to treat the rich natural and historic environment of Argyll and Bute as a not fully realised economic asset which, if safeguarded and enhanced, can stimulate further investment and increased economic activity.

8.4 This support is focused by the Structure Plan settlement strategy which seeks to locate most business and industry investment in the key settlements. The settlement strategy is reinforced in this plan by the development control policies which presume against medium and large scale business and industry development outwith the larger settlements and which require specified development to undergo a sequential test favouring allocated and established business and industry locations. The policy , however, allows for small scale business and industry investment in specific countryside areas where it can support the dynamics of rural economies without adverse environmental impact occurring.

Business and Industry 79 Definition of business and industry

8.5 For the purposes of this plan, business and industry includes Use Classes 2-6 below as well as miscellaneous and specialist business and industry categories which are not included within a particular Use Class.

• Use Class 2 (Financial, professional and other services )eg. banks • Use Class 3 (Food and drink) eg. restaurants and cafes • Use Class 4 (Business) eg. offices • Use Class 5 (General industrial) ie. manufacturing • Use Class 6 (Storage and distribution) ie. warehousing

Miscellaneous categories not covered by a Use Class include public houses and hot food takeaway use. Specialist business and industry includes: transport operations; non-accommodation based tourist facilities; coastal transhipment facilities; and fish processing*.

*as distinct from fish farming which is covered by the policies AQ 1 and AQ 2 in the aquaculture chapter.

Presumptions in favour of and against business and industry development (Justification for policy B 1)

8.6 This plan proposes an adequate 10 year supply of development land to meet the Structure Plan based estimates for new business and industry development. This formally allocated land along with established business and industry land is concentrated in the key settlements of Argyll and Bute. Beyond these sites, business and industry development investment opportunities are still supported by this plan but are subject to:

• presumptions in favour and against and a sequential basis to the policy linked to the capacity of settlements and countryside locations to accommodate such development

• detailed assessment criteria for all categories of business and industry development in terms of environmental, servicing and access impact

• an exceptional case approach for those developments commencing with a presumption against.

8.7 As with other topic policies in this plan, a presumption in favour may be regarded as an initial ‘green’ light which will only turn to ‘red’ if there is an unacceptable environmental servicing or access impact. With a presumption against, the initial red light will only turn to green if the proposal demonstrates that it is an exceptional case; this will require the proposal to pass a sequential test for specific categories of development. The sequential test requires a proposal to demonstrate that suitable alternative preferred location within the relevant planning area are not available for the proposed development.

8.8 Locational preferences differ between business development and industry development. This is because business development is generally more compatible with other land uses than is the case with industry development. The preferred locations set out below reflect these differences. They also take into account the functions and the general capacity of area to accommodate different scales of development.

8.9 The integrity of proposed business and industry allocations is safeguarded by policy AL 1 (page 8). However, there is also a need to safeguard the core functions of key established business and industry areas. These are referred to in this plan as EBIA’s and they have been identified and shown on the proposal maps C/1. Policy B1 D) sets out criteria for considering non-conforming uses within these EBIA’s.

80 Business and Industry

8.10 The preferred locations for business and industry development are as set out in Schedule B 1:

Schedule B 1 – Preferred locations for business and industry

In the settlements • Business and industry allocations and established business and industry areas* - these are preferred locations for all scales of business and industry development in the main towns; for small and medium scale in the small towns and villages; and for small scale in the minor settlements. • Main town centres and edge of main town centres - these are preferred locations for all scales of business development but only for small scale industry development. • Other locations in settlements - these are preferred locations for small scale business development; and for small scale industry development but only when located in a non- residential area**. • In the Countryside - small scale business and industry development on infill, rounding-off and redevelopment sites in the countryside around settlements and rural opportunity areas; these to be non-residential locations** in the case of industry development. *established business and industry areas – for the purposes of policy B 1, these areas correspond to EBIA’s as shown on Proposal Maps C/1 as well as to individual lawful business and industry use on sites which are not currently mapped in the plan.

**locations where residential use does not predominate – this includes mixed land use areas.

8.11 In addition to policy B 1, reference should be made to the policy notes in the annex at the end of this chapter. These establish scales of business and industry development and include more detailed criteria for considering exceptional cases.

B 1 – PRESUMPTIONS IN FAVOUR AND AGAINST BUSINESS AND INDUSTRY DEVELOPMENT

A) There is a presumption in favour of business and industry development in the preferred locations as specified in Schedule B 1. Business and industry development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, business and industry development shall be resisted when it involves development outwith the preferred locations. C) Business and industry development, for which there is a presumption against under B) above will not be supported unless an exceptional case is successfully demonstrated by way of passing a sequential test as follows: 1. an alternative and suitable presumption in favour site for the proposed development is not available within the same settlement containing the proposal or within adjacent settlements when the proposal is within a countryside around settlement or rural opportunity area and 2. the development being consistent with the other policies in this plan and not having an unacceptable environmental, servicing or access impact. D) The introduction or significant expansion of a non-conforming development# in an established business and industry area (an EBIA as shown in proposal maps C/1), shall be resisted unless an exceptional case is demonstrated supporting the proposal on economic, operational or land use grounds. #see policy note g, page 85.

Business and Industry 81 Business uses compatible with core shopping areas (Justification for policy B2)

8.12 Under the retailing policy R 2 (page 93), there is a presumption against change of use from Use Class 1 (Shops) within ‘core shopping areas’ within the main town centres. This policy is intended to safeguard and promote continuity of retail use where there are clearly commercial and customer benefits associated with business being located close to one another.

8.13 Within these ‘core shopping areas’ there can be complementarity and reasonable turn-around between Use Class 1 (Shops) and Use Class 3 (Food and Drink), public houses and hot food takeaway use without undermining the economic integrity of the town centres. As such there is no need, at present to restrict change of use from shops to restaurants, cafes, public houses or fast food takeaways within these ‘core shopping areas’. However, in order to maintain this complimentarity of land use, a restrictive policy is required to limit changes of use from Use Class 3, or from public houses or from hot food takeaway use to uses outwith this group or outwith Use Class 1 (Shops) within this area. This policy is set out in B 2.

B 2 – USE CLASS 3 (FOOD & DRINK) PUBLIC HOUSES AND HOT FOOD TAKEAWAYS IN THE CORE SHOPPING AREAS OR THE MAIN TOWN CENTRES

A) Within ground floor frontage premises in the ‘core shopping areas’ (see the settlement plans for Campbeltown, Dunoon, Helensburgh, Lochgilphead, Oban and Rothesay) change of use from Use Class 1 (Shops) premises or other uses to Use Class 3 (Food or Drink), public house or hot food takeaway use is consistent with this policy. B) Within these ground floor frontage premises change of use from Use Class 3 (Food and Drink) or from public house or from hot food takeaway to any use other than a Use Class 1 (Shops) or Use Class 3 (Food and Drink) or public house or hot food takeaway use is contrary to this policy unless it is demonstrated that: 1. the premises have been vacant for more than one year despite reasonable attempts to market the property or business or 2. the development is part of a wider building refurbishment or redevelopment which, in the view of the planning authority, will add value to the economic vitality or built environment of the town centre .

82 Business and Industry Coastal transhipment development (Justification for policy STRAT CP 1)

8.14 Coastal transhipment should be encouraged as this will support the economy and reduce road infrastructure costs in Argyll and Bute. The Structure Plan encourages this form of transport and development as follows:

“One of the economic assets of the Argyll and Bute coast is its potential for coastal transhipment. This potential relates particularly to timber transhipment. There are substantial areas of the Argyll and Bute coast which has a general capacity to successfully absorb coastal transhipment facilities. These considerations underpin STRAT CP 1”.

8.15 The Structure Plan policy STRAT CP 1 is carried over into this local plan. Reference should also be made to policy notes in the annex at the end of this chapter. These fin tune the policy as appropriate to the development control zones.

STRAT CP 1 – COASTAL TRANSHIPMENT DEVELOPMENT

Coastal transhipment development on well chosen sites will be supported unless it is incompatible with: • a particular settlement or edge of settlement location because of conflict with the settlement plan or with the capacity of that settlement to accommodate the development. • a particular coastal location because of the sensitivities of the coastscape or coastal ecology or significant conflict with other coastal use.

Business and Industry 83 Chapter 8 – Annex

Policy notes to B 1:

1. Business and industry scales of development large scale - buildings exceeding 600m2 footprint or - buildings exceeding 5000m3 volume or - buildings exceeding 15 metres in height or - gross site area exceeding 2 hectares medium scale - buildings between 200m2 and 600m2 footprint or - buildings between 5000m3 volume or - buildings between 7.5 metres and 15 metres in height - gross site area between 0.5 hectares and 2 hectares small scale - buildings not exceeding 200m2 footprint and - buildings not exceeding 1300m3 volume and - buildings not exceeding 7.5 metres in height and - gross sites area not exceeding 0.5 hectares

Policy notes to B 1 continued:

2. Exceptional cases When an exceptional case is required to justify a proposed business and industry development under B 1 C), the following shall be demonstrated to the satisfaction of the planning authority.

All areas: a notwithstanding the initial presumption against, that with this specific proposal there is capacity in the area to sympathetically integrate the development with the surrounding land uses, built environment, landscape and settlement pattern and the proposal will not result in incongruous siting, scale, layout and design and the visual impact of any essentially intrusive buildings or structures is minimised.

In the settlements: b in addition to the sequential test, the proposal should demonstrate that it will not overwhelm the character or capacity of the settlement to accommodate the proposal.

In the countryside around settlements:

c in addition to the sequential test, the proposal should demonstrate it will not undermine the settlement plan for the area and

In the greenbelt: d in addition to the sequential test, the proposal demonstrates that it will result in one or more of the following exceptional outcomes: - it will be contained in an existing building, allowing for subordinate extension of such building - it will retain a valued building at risk in the greenbelt - it will directly support a recreational use of land in the greenbelt - it will directly support a farm diversification scheme in the greenbelt.

84 Business and Industry Policy notes to B 1 continued:

In rural opportunity areas and sensitive countryside: e in addition to the sequential test, the proposal will only be supported in the following exceptional circumstances. i) the proposal accords with an area capacity evaluation which demonstrates that, notwithstanding the initial presumptions against, the specific development proposed will integrate sympathetically with the landscape and settlement pattern AND is further justified by: ii) there being a locational need for the development to be in the countryside on or in the near vicinity of the proposed site in one or more of the following circumstances. - the proposal is for urban bad neighbour development which is considered to be essentially incompatible with the closely configured land uses found within settlements. - the proposal supports a farm diversification scheme - the proposal supports forestry and woodland product-based investment - the proposal supports aquaculture investment - the proposal supports marine or - rural transport based investment OR iii) the proposal demonstrates direct support for the rural economy* or that it will yield significant countryside management or environmental enhancement benefit. *eg. craft industry, niche marketing and proposals which add value to local countryside based products or tourist related proposals or small scale office development including on-line ‘telecottage or telebarn’ type business AND

In the very sensitive countryside: f in addition to the sequential test, the proposal demonstrates that it will result exceptionally in one of the following outcomes: - it is contained within an existing building, allowing for subordinate extension of such building and - it directly supports a farm diversification scheme within this zone - it directly supports a specialist tourist development which itself is supported by the plan.

Non-conforming development in established business and industry areas: g for the purposes of policy B1 D), non-conforming development in business and industry areas comprise uses other than Use Class 4 (Business), 5 (General Industrial) and 6 (Storage and Distribution) or uses other than those which are ancillary to the existing use of the site.

Business and Industry 85 Policy notes to STRAT CP 1:

1. The principle of coastal transhipment development is supported in the coastal sectors of the sensitive countryside zone along with suitable exceptions in main towns, small towns, villages and their countryside around settlements zones; this is subject to consistency with the settlement plan for the area. Minor settlements, however, are not considered to be generally suitable. This is because coastal transhipment would sit uncomfortably with their small scale and character. Likewise, the coastal sector of the very sensitive countryside zone (the ‘isolated coast’) and the greenbelt are not considered generally suitable for such development other than in exceptional circumstances. 2. On considering exceptional circumstances, a development proposal will require to demonstrate that: - an alternative presumption in favour location is not available and suitable for the development and - it will not fundamentally undermine the land use policies applying to that minor settlement or very countryside zone and - is otherwise acceptable in terms of environmental, servicing and access impact.

86 Business and Industry Chapter 9 – Retailing

Summary

9.1 Retailing development is supported by this plan provided that it is located within a preferred location for that particular category and scale of retailing development. The policy is designed to support the viability and vitality of the town centres by requiring larger scale retailing development to locate in these centres as a first preference. Sequential tests, allowing for second, third preferences etc, are introduced to avoid inflexibility. In addition, these larger scale retailing developments are required to demonstrate that there is in fact spare retail capacity available for the new development without damaging the retail structure of the towns. This is in tune with government advice and with the Structure Plan.

9.2 Within the town centres, core shopping areas have been identified wherein only a limited range of uses ie. retailing and some business use will be acceptable within the ground floor premises. This is to reinforce the collective economic benefit which flows from having commercially supportive uses side by side in the heart of town centres.

9.3 In view of the importance of retailing frontages to the character and economic well-being of towns, and conservation areas, a policy is included which encourages good ‘shop front design’ and discourages poor design.

9.4 Smaller scale retailing development is encouraged by the plan where this can support the day to day shopping needs of local communities or else provide specialist retailing functions in a suitable location within settlements or in restricted countryside locations. The specialist forms of retailing include open air markets and car boot sales, mobile shops, petrol filling stations, car showroom and use of land for sale of vehicles.

Definition of Retailing

9.5 For the purposes of this plan, retailing development includes Use Class 1 (Shops) within buildings, in mobile van units, on land or in the form of open air markets or car boot sales.

Retailing 87 Planning objectives for retailing

9.6 The following planning objectives for retailing have underpinned the Structure Plan and local plan proposals and policies.

• to promote viable and vital town centres where advantage can be taken of retail catchment capacity, public transport availability and public car parking provision.

• to support large scale retail development opportunities in the main towns when retail impact analysis demonstrates spare retail capacity for such development and in locations and forms where the development will reinforce the vitality and viability of the town centre and the character of the town generally.

• to promote sustainable ‘core shopping areas’ in the main town centres where there is close proximity to public transport facilities and where coterminous retail use reinforces business activity.

• to support the day to day shopping needs of rural communities and residential neighbourhoods at convenient locations.

• to support effective exploitation of the passing tourist retail trade at appropriate settlement and roadside locations in the countryside.

• to support specialist retailing activity at appropriate sites and on appropriate occasions.

The Structure Plan, retailing and town centres

9.7 Working within the framework of national planning guidance, the Structure Plan emphasises the economic importance of retailing to the main town centres and to a lesser extent to the small towns of Argyll and Bute:

“Retailing and Town Centres

The six main towns of Argyll and Bute* together with the Key settlements of Bowmore, Inveraray, Tarbert and Tobermory provide an important shopping focus for the planning areas in which they are located. The retailing sector is an important component of the economy and fulfils a critical role in sustaining the viability and vitality of the town centres. Land use policies which support the competitive retail market have to be balanced with the need to secure the economic integrity of town centres and to support the use of public transport.

*Campbeltown, Dunoon, Helensburgh, Lochgilphead, Oban and Rothesay.

A sequential basis to retail policy is a balanced approach in tune with Government policy and forms the basis of PROP SET 2 below. A preference for retail developments over 1000m2 gross floorspace to be located in the town centres is appropriate given the limited size of the Argyll and Bute towns and their catchment populations.

PROP SET 2 – RETAILING AND TOWN CENTRES

Council shall seek to sustain the viability and vitality of town centres within Argyll and Bute. A sequential approach to retail development will be adopted in accordance with national guidance.”

9.8 The above Structure Plan proposal is carried forward into this local plan under policy R 1.

88 Retailing Presumptions in favour and against retailing development and the application of sequential tests (Justification for policy R 1)

9.9 The presumptions in favour and against retailing development are established by policy R 1. The presumptions against are based on resisting retailing development when it is to be located outwith the ‘preferred locations’ and not in accord with the circumstances for retailing development outlined in Schedule R 1. The policy reflects the general capacity of different areas to accommodate varying scales and categories of retailing development. Importantly, the policy also reflects the economic, social and land use roles which retailing plays at different scales and locations in Argyll and Bute. For example, the plan has a presumption against, along with a sequential test for large and medium scale retailing development, when it is proposed outwith the preferred town centre locations. On the other hand, superimposing a sequential test is not thought necessary for small scale retailing development.

9.10 As with other topic policies in this plan, the presumptions in favour of retailing development may be thought of as setting a ‘green’ light which will only turn to ‘red’ if the details of a proposal are found to be seriously flawed in terms of environmental, servicing or access implications. On the other hand, a presumption against will be treated as a red light which will remain red unless an exceptional case is demonstrated. This exceptional case will include passing a sequential test when the proposed development is not in a location preferred by this plan.

9.11 The presumptions against retailing development, have taken account of a number of factors:

• Firstly, the principle of the development should be in accord with the development control zone policies DC 1-6.

• Secondly, the scale of the development should be compatible with its particular settlement or countryside surroundings.

• Thirdly, there is a continuing need to assess ‘retail capacity’ for large scale, and in more limited circumstances, for medium scale retailing development. This is in order to reinforce the viability and vitality of town centres and is in tune with national planning guidance and the Structure Plan as follows: - Large scale in the Argyll and Bute context is 1000m2 gross floorspace (as opposed to the 2500m2 in national planning guidance). This lower threshold has been justified in the Structure Plan which includes “A preference for retail developments over 1000m2 gross floorspace to be located in the town centres …. given the limited size of the Argyll and Bute towns and their retail catchment areas”. - A presumption against large scale retail development (over 1000m2) outwith the main town centres has been coupled in policy R 1 with a requirement for a retail impact analysis (RIA) for all large scale development. At the discretion of the planning authority, a requirement is introduced for an RIA for medium scale retailing development (between 100m2-1000m2) in main towns to address situations whenever retail capacity in these main towns is known to be very limited on the evidence of recent RIAs.

• Fourthly, again in tune with national planning guidance and the Structure Plan, a sequential basis to certain aspects of retail policy is appropriate. In policy R 1 this has been linked to the presumptions against medium and large scale development. The policy requires sequential tests for medium or large scale retailing development whenever such development is proposed outwith first preference (main town centres) and outwith sequentially preferred locations eg. edge of town centre.

• Fifthly, other factors which have influenced the presumption against retailing development include the visual intrusiveness of some forms of retailing activity and the need for a specific planning response to specialist forms of retail development ie. in relation to open air markets and car boot sales, mobile shops, petrol filling stations, car showrooms and use of land for the sale of vehicles. Policy R 1 presumes against these forms of retailing whenever they are proposed outwith the preferred locations and circumstances specified in Schedule R 1.

Retailing 89 Schedule 1 – Preferred locations for retailing development

2 Large scale retailing development (exceeding 1000m cumulative gross floorspace) 1st preference locations - Main town centres. 2nd preference locations - Edge of main town centres. 3rd preference locations - Alternative suitable locations within the main towns. 4th preference locations - Countryside around settlement adjacent the main town subject to settlement plan implications. 5th preference locations - Other settlement and countryside locations, excluding minor settlements, greenbelt, sensitive countryside and very sensitive countryside.

2 2 Medium scale retailing development (between 100m and 1000m cumulative gross floorspace) 1st preference locations - Main town centres, small town centres and village locations. 2nd preference locations - Edge of main town centres (when the proposal is in a main town). 3rd preference locations - Alternative suitable locations within main towns (when the proposal is in a main town). 4th preference locations - Countryside around settlements adjacent to a main town, small town or village subject to settlement plan implications. 5th preference locations - Minor settlement or its countryside around settlement zone subject to settlement plan implications. 6th preference locations - Other countryside locations, excluding greenbelt, sensitive countryside and very sensitive countryside.

2 Small scale (specialist*) retailing development (up to 100m cumulative gross floorspace) Preferred locations - All Locations excluding greenbelt, very sensitive countryside, and open areas within countryside around settlements. *specialist retailing development – retailing attached to petrol filling stations; serving passing tourist trade or other tourist and craft industry facilities; or constituting a shop as a farm.

2 Small scale (non-specialist) retailing development (up to 100m cumulative gross floorspace) Preferred locations - All locations excluding greenbelt, very sensitive countryside and open areas within countryside around settlements, sensitive countryside and rural opportunity areas.

Open air markets and car boot sales Preferred locations - areas where the predominant land use is not residential within settlements or countryside (excluding greenbelt and very sensitive countryside) and takes place not more than once in 28 days in any location.

90 Retailing Mobile shops Preferred locations - The siting of 1 or 2 mobile vans (with no more than 2 attached trailers) as follows: - within the settlements or countryside around settlements at appropriate tourist or public focal points. - within rural opportunity areas or sensitive countryside at appropriate roadside locations adjacent ‘A’ class roads; the stances being no closer than 10 miles to the nearest roadside site with extant planning permission for such mobile shop use (not counting sites within settlements or countryside around settlements). In all areas and cases, the retail activity to be on an occasional or seasonal basis with the mobile shops and attachments to be removed from the planning unit each night, unless a dispensation is applied for and granted by the planning authority.

Petrol filling stations Preferred locations - the siting of petrol filling stations (including sale of other fuels to the public) in settlement and countryside locations other than: - sites within the countryside around settlements where this will conflict with the settlement plans for the area. - sites within the greenbelt, sensitive countryside or very sensitive countryside. - in the central shopping area within main town centres or within the central areas of the small towns and villages. - conservation areas and other locations where the development will adversely affect the setting of listed buildings. - where the main vehicular approach to the petrol filling station will be along residential service roads. - where access conditions are unsatisfactory or where the hours of opening and traffic generation are likely to be a ‘bad neighbour’ to adjacent land use.

Car showroom and use of land for the sale of vehicles Preferred locations - the use of buildings or the use of land for car sales in settlement locations within: - town centres - edge of town centres - sites adjacent petrol filling stations - business and industry areas - other non-residential locations in the settlement and in countryside locations when: - attached to a petrol filling station - within a non-residential location in a rural opportunity area or within a non-residential location on an infill, rounding-off or redevelopment site in the countryside around settlements.

Retailing 91 9.12 The town centre and edge of town centre locations referred to in Schedule R 1 and policy R 1 are shown on Proposal Maps C in the proposal map folders. Reference should also be made to the policy notes in the annex at the end of this chapter. These advise on the circumstances when exceptional cases may be applied in the face of a presumption against retailing development.

R1 – PRESUMPTIONS IN FAVOUR AND AGAINST RETAILING DEVELOPMENT

A) There is a presumption in favour of retailing development for those categories and scales of development specified in the Schedule R 1 preferred locations. Retailing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact. B) Other than in exceptional circumstances, retailing development which is located outwith and not in accord with the Schedule R 1 preferred locations and criteria shall be resisted. C) Under B) above there is a presumption against medium and large scale retailing development when it is proposed outwith first preference town centre locations. Such development, if it is to be exceptionally approved, is required to pass a sequential test. To pass the sequential test, the proposal is required to demonstrate that a suitable alternative first preference and sequentially preferred sites within the same planning area (see Schedule R 1) are not available for the proposed development. D) Large scale retailing development and, in more limited circumstances* medium scale development, shall be accompanied by a retail impact assessment demonstrating that there is sufficient retail capacity in the planning area to accommodate the proposal. E) Retailing development, for which there is a presumption against under B) above, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is demonstrated consistent with C) and D) above and, in all cases, consistent with the other policies in this plan. *see para 9.11 (page 89).

92 Retailing Core shopping area in the main town centres (Justification for policy R 2)

9.13 Within the six main town centres of Argyll and Bute there are ‘core shopping areas’ within which the vitality of the town centres and the commercial interests of individual shops benefit from ground floor shop premises being close by one another. Previously adopted local plans have included policies which resist change of use from retail to non-retail use within identified frontage areas within these ground floor premises. These policies originated some twenty years ago in response to the arrival or expansion in town centres of increasing numbers of Use Class 2 developments such as building societies. This phase has now passed although there is still justification to limit change of use in these ‘core shopping areas’ but on a less restrictive basis than has been applied up to now.

9.14 Policy R 2, along with policy B 2 in the business and industry chapter, limit change of use within these ‘core shopping areas’ and ground floor frontage premises to a range of uses which are viewed as complimentary with one another and as reinforcing the economic integrity of these areas. The frontage premises corresponds to the retail frontage excluding rear storage, offices or servicing areas. The ‘core shopping areas’ are shown on Proposal Maps C in the proposal map folders.

R 2 – CHANGE OF USE TO AND FROM USE CLASS 1 (SHOPS) IN THE CORE SHOPPING AREAS OF THE MAIN TOWN CENTRES

A) Within the ground floor frontage premises in the ‘core shopping areas’ of Campbeltown, Dunoon, Helensburgh, Lochgilphead, Oban and Rothesay, change of use from non-retailing uses to Use Class 1 (Shops) is consistent with this policy. B) Within these ground floor frontage premises change of use from Use Class 1 (Shops) to any use other than a Use Class 3 (Food and Drink), public house or hot food take-away use is contrary to this policy unless it is demonstrated that: 1. the premises have been vacant and unused for more than one year despite reasonable attempts to market the property/business or 2. the development is part of a wider building refurbishment or redevelopment which, in the view of the planning authority, will add value to the economic vitality or built environment of the town centre.

Retailing 93 Design of shop frontages (Justification for policy R 3)

9.15 Policy R 3 sets out broad principles which will be employed, along with supplementary guidance to assess whether a proposed shop front design is appropriate in its particular surroundings. This policy applies to ‘new-build’ but, more often than not, will be applicable to alterations to existing ground floor sections of buildings and shop frontages.

9.16 Shop frontages form an important element of the built and historic environment of Argyll and Bute. In this respect it is essential, to ensure that the design of new or altered shop frontages will contribute positively to the environment and, thereby to the economic well-being of Argyll and Bute.

9.17 In addition to policy R 3, reference should be made to the design principles for shop frontages to be included in the Supplementary Information and Guidance report. Developments are also expected to take account of the Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 and the advertisement policies in this plan. The conservation area character appraisal (to be included in the Supplementary Information and Guidance report) will present information on specific features which should be safeguarded.

R 3 – DESIGN OF SHOP FRONTAGES

A) New or altered shop frontages shall be designed to achieve an effective relationship between the commercial presence of the shop frontage and its appearance within a building and within the wider street scene. B) Poorly designed shop frontages, including inappropriate placement or appearance of advertisements, shall be resisted, particularly where this has an adverse impact on conservation areas or listed buildings.

94 Retailing Chapter 9 – Annex

Policy notes to R 1:

Exceptional cases 1. There are exceptional circumstances when a retailing development may be supported notwithstanding an initial presumption against:

Medium and large scale retailing a demonstrating spare retail capacity and passing a sequential test under policy R 1 C) and D) will be treated as an exceptional circumstance for supporting the principle of retailing development outwith the plan’s preferred locations.

Retailing in countryside around settlements b retailing development in the presumption against categories within the countryside around settlements will only be supported on an exceptional basis if: - the proposal is small scale - it is part of a farm diversification scheme and is to primarily serve the tourist trade and - the proposal does not undermine the settlement plan for the area.

Retailing in the greenbelt c retailing development in the greenbelt will only be supported in the very limited circumstances of: - being small in scale and contained within an existing building, allowing for subordinate extension of such buildings and - being part of a farm diversification scheme primarily to serve the tourist trade or to sell agricultural products from local farms.

Retailing in rural opportunity areas and sensitive countryside d retailing development in a presumption against category within a rural opportunity area or sensitive countryside cannot expect exceptions to be made and would be a departure to this plan; this takes account of the fact that exceptions are already built into the preferred locations for small scale specialist and non-specialist retailing.

Retailing in very sensitive countryside e retailing development in the very sensitive countryside will only be supported in the very limited circumstances of: - being small in scale and contained within an existing building, allowing for subordinate extensions of such buildings and being part of a farm diversification scheme or a shop on a farm or - being small in scale and part of a specialist tourist development based on the natural resources of the area consistent with the restrictive policies applying to this zone.

Retailing 95 Policy notes to R 1 continued:

Open air market and car boot sales f open air markets or car boot sales or mobile shop vans operating within the greenbelt or very sensitive countryside can expect to be resisted; an approval of such development would be a departure to this plan. Open air markets or car boot sales or mobile shop vans seeking to operate in circumstances when and where there is a presumption against, will only be supported in exceptional cases which take account of local trading circumstances and site characteristics; such support if granted will be in the form of a dispensation to a conditional consent.

Petrol filling stations, car showrooms and use of land for sale of vehicles g the use of buildings or land for petrol filling stations or a car showroom or use of land for the sale of vehicles when in a category for which there is a presumption against can expect to be resisted; an approval of such development would be a departure to policy R 1.

96 Retailing Chapter 10 – Access and parking

Summary

10.1 The policies in this chapter support a range of transport and access related objectives including reinforcing the continuity of public access through and beyond development sites, facilitating access to public transport (where it may be provided) and responding positively to the access requirements of those with special mobility needs eg. the disabled and cyclists.

10.2 To these ends, policies have been introduced on public access and public rights of way, development and public transport accessibility and on special needs access provision. There is also a policy focus on the issue of when development may be served by private accesses rather than public roads. The balance on this issue is to allow for some flexibility for private accesses to reflect the small town and rural contexts of Argyll and Bute. The principle of continuous improvement and standards for private accesses are introduced (noting that an informal policy has been operated along these lines for some time by Argyll and Bute Council).

10.3 In tune with government guidance, maximum parking standards have been incorporated into policy. These apply to particular larger scale retailing, business, recreational and community facility developments. In this plan, the maximum parking standards have been allied to tolerance of zero parking provision in the town centres and edges of town centres for particular categories and scales of use which are expected to be found in these central locations. Minimum disabled car parking standards are introduced, again in accordance with government guidance. These parking standards sit alongside the Council’s current parking guidelines which are now due to be reviewed.

Access and Parking 97 The Argyll and Bute Structure Plan

10.4 Within the framework of national planning guidance, the Argyll and Bute Structure Plan in PROP TRANS 1 requires this local plan to include specific policy provision relating to transport, access and parking.

“PROP TRANS 1 – DEVELOPMENT CONTROL, TRANSPORT AND ACCESS

The Argyll and Bute Local Plan shall make policy provision for:

A) Facilitating public transport service to and between places of residence, work, shopping, leisure and social service and, where appropriate, selecting sites and adapting development layouts to this end.

B) Facilitating non-car borne journeys by introducing, where appropriate, effective and safe footpath and cycleway networks including provision of cycle-parking at places of employment.

C) Ensuring that other special mobility requirements are addressed including disability access and access by horse-riders.

D) Facilitating the continuity of public access and safeguarding:

• Public rights of way and public access in the countryside and to and along the foreshore.

• Public access into development areas where this is consistent with the needs for public service vehicles to access sites and consistent with the reasonable need for privacy, security and operational integrity within private properties.

E) Requiring accesses or relevant sections of accesses serving new development to be “roads” open to the public and to be of appropriate standard for road construction consent and adoption unless: private way conditions and standards are more appropriate, having regard to the nature and scale and of the development and its settlement or countryside location.

F) Maximum car parking standards will be prescribed in the Argyll and Bute Local Plan. Where appropriate national maximum car parking standards will be applied”.

10.5 These Structure Plan requirements have been incorporated into policies A 1 - 5 and accompanying policy notes. Additional guidance is to be included in the Supplementary Information and Guidance report.

98 Access and Parking Public access and public rights of way (Justification for policy A 1)

10.6 Maintaining and improving public accessibility and continuity between land uses is an important aspect of planning policy. Within development areas a balance needs to be struck between the needs for public access and the reasonable needs of private properties for privacy, security and operational integrity.

10.7 Part of the planning response to this issue is to ensure that developments avoid prejudicing public rights to way and do not generally restrict public access on to and along coastal areas and through countryside where there is a continuing general right of public access. Policy A 1 sets out criteria for assessing development proposals in this regard. Where these involve access to the foreshore, reference should also be made to policy E 4 (page 24). Foreshore in this context means the natural foreshore between the mean high and low water springs. When alternative or modified public access is required in response to development proposals, this provision may require to be underpinned by a formal Section 75 Planning Agreement.

A 1 – PUBLIC ACCESS AND PUBLIC RIGHTS OF WAY

A) Development proposals shall safeguard public rights of way and important public access routes from and across development sites into the countryside or down to or along the foreshore. B) Where public rights of way will be prejudiced or public access into the countryside or on to or along the foreshore unreasonably compromised by a development, then the development shall be expected to incorporate appropriate alternative or modified public access provisions.

Access and Parking 99 Public transport accessibility (Justification for policy A 2)

10.8 Public access between places of residence, shopping, employment, leisure and social facility can be further encouraged by ensuring that development proposals take sufficient account of access to public transport, both in terms of site selection and site- layout provision. The settlement plans which form part of this local plan (see the planning area folders) have sought to locate development which has a relatively high demand for public transport, within easy reach of journey destinations such as town centres or else within easy reach of existing or potential public transport routes.

10.9 A balanced approach is required in tune with national planning guidance. This guidance recognises that there is a rural dimension to development and public transport accessibility. An overly prescriptive urban model which seeks to determine development locations largely on the basis of public transport accessibility or to influence modal shifts in transport at a large scale, is inappropriate in Argyll and Bute where other land use, economic and transport considerations are to the fore. In this regard, a high degree of dependency on private car travel for a variety of journey categories will continue in all locations in Argyll and Bute, allowing for the special car-free or restricted car use circumstances on the small islands of Easdale and Iona. In contrast the plan recognises the commuting function of the Helensburgh area where accessibility to public transport and to the town centre is perhaps a greater issue than in other settlements in Argyll and Bute.

10.10 Policy A 2 takes a measured approach to these matters and seeks to comply with the Structure Plan proposal PROP TRANS 1 A) and B) (see page 98). Access to public transport is less relevant to small scale development. Accordingly, the focus of this policy is on the following large scale categories of development: i) large scale housing development – 31 or more dwelling units. ii) large scale shops – gross floorspace exceeding 1000m2. iii) large scale business and industry development – gross site area exceeding 2 ha or building volume exceeding 5000m3 gross. iv) large scale leisure or tourist developments – gross site area exceeding 2 ha; or letting units exceeding 30; or building volume exceeding 5000m3.

Reference in policy A 2 to public transport services and facilities relates mainly to train, bus and ferry services.

A 2 – DEVELOPMENT AND PUBLIC TRANSPORT ACCESSIBILITY

A) Development proposals which are likely to generate significant levels of journeys between places of residence, shopping, employment, leisure and social facilities, shall have regard to selecting and orientating development sites such that advantage can be taken of existing or potential public transport services to and from the locality. B) Development shall make appropriate internal layout provision for encouraging pedestrian and cyclist access, linking the development with public transport facilities and routes or with locations which contain such facilities eg. town centres.

100 Access and Parking Special needs access provision (Justification for policy A 3)

10.11 There are various aspects of special needs access provision which require to be considered when selecting sites and arranging development layouts. These include public transport accessibility addressed by policy A 2 and the layout considerations under policy E 10 (page 33). Special needs access is also given particular emphasis by this plan in policy policy A 3 below. This addresses the special needs of the disabled, the elderly, the very young, pedestrians, cyclists and equestrians. Reference should also be made to policy H 3 (page 60) which addresses special needs provision in housing development.

10.12 Policy A 3 B) refers to standards appropriate for road construction consent. There can currently be found in the Roads Development Guide – Strathclyde Regional Council 1995 (to be reviewed). Policy A 3 B) also refers to standards appropriate for private accesses. These are set in policy note 7 (page 109) in the annex to this chapter.

A 3 – SPECIAL NEEDS ACCESS PROVISION

A) Development proposals, particularly those which attract a significant number of visits by the public (car- or non-car borne) or which generate significant non-car journeys from the development are expected to make appropriate and effective layout provision for: 1. safe separation of pedestrian and vehicular traffic. 2. alignment of accesses with open space, recreational and play space facilities and along desire-lines to off-site destinations such as town centres, schools and countryside walks. 3. cycle-ways linking with wider networks when feasible; also provision should be made for cycle-parking facilities within developments which are likely to generate substantial cycle-traffic or significant cycle-parking demand from employees. 4. walkway and access facilities designed for use by the elderly, the infirm, the very young and parents with prams, including effective lighting provision as appropriate to the scale of the development and its location. 5. external trolley pick-up and return points for supermarkets which have on-site parking. B) Developments shall make suitable provision for service vehicle access (including emergency services) in accordance with standards appropriate for road construction consent and private accesses.

Access and Parking 101 Roads and private accesses# (Justification for policy A 4)

#road – “any way (other than a waterway) over which there is a public right of passage (by whatever means) and includes the road’s verge and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes”. (Roads (Scotland) Act 1984).

Private access – for the purposes of this plan, an access other than a “road”.

10.13 The Structure Plan under PROP TRAN 1 D) seeks to facilitate the “continuity of public access” and “public access into development areas where this is consistent with the needs for public service vehicles to access sites and consistent with the reasonable need for privacy, security and operational integrity within private properties”. A balanced approach for achieving the above, is set out in PROP TRAN 1 E) by: “Requiring accesses or relevant sections of accesses serving new development to be “roads” open to the public and to be of appropriate standard for road construction consent and adoption unless: private way conditions and standards are more appropriate, having regard to the nature and scale of the development in its settlement or countryside location”.

10.14 The above Structure Plan requirements are supported by National Planning Guidance. The National Planning Policy Guidelines NPPG 15 on Rural Development advises:

“In applying design standards for access to new housing in rural areas, the Government’s multi-faceted approach to Transport and Planning will mean that design standards for access to roads from new development in rural areas should reflect local circumstances. The nature of the settlement should also be taken into account eg. whether it is a cluster of housing units or a dispersed pattern, whether it is on the mainland or one of the minor islands and whether the road access already serves a number of houses. The design and standard of access road should, therefore, have regard to the local environment eg. the type of road involved, the scale of the development, the nature of the area, and the volume and character of traffic likely to use the road, and to fitness for purpose, so that developers are not unreasonably burdened with costly and/or inappropriate access roads, especially in remote rural areas. Local roads which have recreation and leisure value should be considered for traffic calming, in line with the current “slower speeds initiative”.

10.15 The Planning Advice Note PAN 57 on Transport and Planning advises:

“The physical impacts of over-engineered access standards on the amenity of rural settlements in particular is however of concern. Planning policies, road policies and construction standards should be devised appropriate to the specific circumstances of an area and publicised for developers and the community to understand, if development is not to undermine the character of the area. Thus the design and standard of access roads should have regard to the local environment and to fitness of purpose so that developers are not unreasonably burdened with costly and/or inappropriate access roads, especially in remoter rural areas”.

10.16 The above considerations provided a context for Argyll and Bute Council to approve an interim policy relating to roads and private accesses. This interim policy has been updated and incorporated into policy A 4 and associated policy notes.

102 Access and Parking Development and public roads

10.17 Under the Roads (Scotland) Act 1984, a road construction consent is required for development ‘roads’; a road being defined as in para 10.13 opposite. Criteria for requiring development to be served by roads (as opposed to private accesses) are set out in policy notes 1-5 (page 108). These local plan guidelines recognise that it is Argyll and Bute Council’s current and future reviewed road guidelines which are to address the issues of standards and requirements for road construction consent.

10.18 It can be appropriate in some circumstances to require a development to contribute to improvements to the public road approaching a development site. These circumstances are addressed in policy note 7 to policy A 4 (page 109).

Development and private accesses

10.19 There are three main types of access, together with combinations of these, serving development and land use in Argyll and Bute; public roads (the list of adopted roads); private roads; and private accesses (the latter sometimes are referred to as private ways such as when in very close quarters to houses, eg. private driveways). The current condition and standard of these access types reflects their investment history and the nature and scale of development which they serve.

10.20 When considering the circumstances when it may be appropriate to accept a development being served by a private access, as opposed to a road, account should be taken of the history, current condition and status of the access network to which the development accesses are to be joined up with. A number of principles based on a proportionate response should guide these considerations: a) Private access regimes should not result in significant barriers to and discontinuity of public access across settlements or between settlements, countryside and coast. b) Private access regimes and associated development should not be in a form or extent which is likely to lead to significant pressures and burdens on public finance and investment to bring the access regime up to adoptable standard. c) Private access regimes should be fit for purpose and become less appropriate in urban areas and in circumstances when serving development which generates substantial levels of traffic, particularly that of visiting members of the public. d) Private access regimes become more appropriate in smaller settlements, in rural areas and in island contexts. e) Private access regimes should facilitate effective and safe access by public service vehicles where appropriate. f) Private access provision should achieve continuous improvement such that the overall private approach access* conditions following a development have been improved, notwithstanding increased use of these private approach accesses.

*private approach accesses are those parts of the private access regime approaching a development site or plot and which do not form part of the private driveways or concourses in close quarters to buildings.

10.21 In applying the above principles proportionately to the variety of locations and circumstances found in Argyll and Bute, distinction should be made between housing and commercial or non-housing development. Distinction should also be made between development with access directly connecting to roads and development with accesses indirectly connecting (via private access regimes) to the road network. The above factors have been taken into account in policy A 4 and in the associated policy notes in the annex to this chapter. In the case of new development being served by existing substandard private accesses, the principle of continuous improvement has been incorporated into part B) of the policy.

Access and Parking 103 A 4 – DEVELOPMENT, ROADS AND PRIVATE ACCESSES

Acceptance of private accesses A) Developments shall be served by roads (over which the public have right of access) but allowing for private access arrangements which meet the following criteria: 1. the private accesses form individual private driveways or other private accesses directly connecting a roadside development with public or private roads – see policy note 1 in the Annex (page 108). 2. the private accesses comprise new accesses approaching and serving a housing development and connecting individual development plots with the road network* subject to the development not exceeding: a) 5 dwellinghouses in the main towns, small towns, villages, mainland minor settlements and mainland rural areas. b) 7 dwellinghouses in the island minor settlements and rural areas. *see policy note 2 in the Annex (page 108). 3. the private accesses comprise an existing access which is to serve or be extended to serve up to 5 dwellinghouses or an additional 2 dwellinghouses up to a maximum of 10 dwellinghouses whichever is the greater – see policy note 3 in the Annex (page 108). 4. the private accesses are in close quarters to flatted dwelling units or connect these units to the road network or to other planning units containing flatted dwellings and only for those sectors of the access serving no more than 20 flatted

dwelling units – see policy note 4 in the Annex (page 108). 5. private accesses serving commercial and institutional developments where the private access at no time serves more than 5 dwellinghouses or 20 flatted units and the overall land use and development will not, in the view of the planning authority, generate significant levels of pedestrian or vehicular traffic from visiting members of the public – see policy note 5 in the Annex (page 108). Continuous improvement B) Private accesses shall have suitable layout, design dimension and construction to function effectively and safely. Where the development involves, directly or indirectly, increased use of an existing private access or private road, then under the principle of continuous improvement, proportionate improvements to the existing private access or private road shall be made; this shall be sufficient to ensure that the present access condition will have improved subsequent to the development taking place notwithstanding the proposed increase use of such access. C) Where development proposals will increase vehicular or pedestrian traffic significantly on substandard public approach roads, then developments will be required to contribute proportionately to improvements to an agreed section of the public road – see policy note 6 in the Annex (page 109). Standards of private accesses D) Private accesses servicing development shall be to a standard consistent with the level of use and location of the access – see policy note 7 in the Annex (page 109).

104 Access and Parking Parking provision (Justification for policy A 5)

10.22 The Structure Plan under PROP TRANS 1 proposes that

“F) Maximum car parking standards will be prescribed in the Argyll and Bute Local Plan. Where appropriate, national maximum car parking standards will be applied”.

10.23 The ‘Addendum to National Planning Policy Guideline 17 (Transport and Planning – Maximum Parking Standards) describes the development plan implications as follows:

“For the main conurbations it would be appropriate to set agreed strategic maximum parking standards at a City Region level and publish them in Development Plans as they are reviewed. As most Structure Plans are recently approved, however, it makes sense in the interim to use whatever policy document is available ie. Local Plans, Local Transport Strategies or Regional Transport Strategies. For maximum standards not categorised by structure plan partners as strategic, it would be appropriate to publish these in Local Plans.

In some situations eg. major settlements within large rural hinterlands where public transport networks and service frequencies are inadequate to provide the required degree of accessibility, Councils may conclude that specific development proposals should be supported by a level of car parking that exceeds national standards. The strategic argument should be made in development plans and to the extent approved, these standards would then supersede the national standards”.

10.24 The national maximum car parking standards relate only to limited categories and scales of development eg. retail development (food) and (non-food) of 1000m2 and over. They do not apply to housing development. It is accepted that these national maximum car parking standards can operate in Argyll and Bute in rural cases without resulting in unacceptable off-site parking consequences. Accordingly, these national standards are applied to the specified categories of development in policy A 5 and its accompanying policy notes. The case for an exemption to these maximum standards should be made in a Transport Assessment. This is in tune with the advice in the Addendum to NPPG 17.

“Prospective developers may, for specific developments, seek exemptions from maximum car parking standards. The case for exemptions should be made in a Transport Assessment. To achieve national consistency and monitoring of the standards, a Referral Direction has been issued simultaneously with this Addendum. This requires any development over the thresholds within the categories set out in the national maximum car parking standards which breaches these standards to be referred to the Scottish Ministers”.

10.25 The next question to address, is what minimum parking standards should apply in the context of the Argyll and Bute settlements for those categories of development which are subject to the national maximum standards. It is considered appropriate to set these particular minimum standards at the minimum levels in Argyll and Bute Council’s approved guidelines (currently as in the Strathclyde Roads Development Guide 1995 SRDG) other than where:

• these SRDG minimum standards exceed the national maximum standards. • 3 parking provision is acceptable under this plan for limited categories and circumstances of development.

Access and Parking 105 10.26 In the case of the SRDG minimum standards exceeding the national maximum standards, then the minimum level should equate with the national maximum level unless it falls into the tolerance for zero provision category. Outwith this zero provision category the SRDG minimum levels have operated effectively in the context of Argyll and Bute settlements and there is no justification for making a significant change at this time.

10.27 A tolerance of zero provision of parking, however, is acceptable for particular categories within the main towns and edge of main town centres. This represents a change in policy from the SRDG minimum standard. It is justified on the basis that certain categories of development are able to function effectively within these central areas without requiring on-site parking, relying instead on central area public car parking provision. This policy will also reinforce efficient use of scarce land resources within these central areas in that it will reduce the extent of such land given over to low intensity car parking use. It is not considered necessary, however, to make this zero provision aspect of policy compulsory on developers.

10.28 The categories and locations of development to which the tolerance of zero parking provision should apply are set out in policy note 2 to A 5. These take into account the usual availability of public car parking within these town centres and the capacity of such parking to serve the categories of development concerned.

10.29 In accordance with national planning guidance (Addendum to NPPG 17), specific provision should be made for disabled parking. Minimum standards are justified in tune with this guidance.

10.30 For categories of development, (other than those to which the national maximum standards, tolerance of zero provision or minimum disabled provision apply) the minimum standards in SRDG should continue to operate. This will be subject to review and fine tuning of these standards by Argyll and Bute Council.

106 Access and Parking A 5 – VEHICLE PARKING PROVISION

Off-street car and vehicle parking shall be provided for development on the following basis:

National maximum car parking standards (see Table A 1 in the Annex, page 110) A) The national maximum car parking standards set out in Table A 1 shall be applied to those specified categories of development. Exemptions from these maximum car parking standards shall only be made if they are justified in a ‘transport assessment’ to the satisfaction of the planning authority and Scottish Ministers.

Tolerance of zero parking provision (see Table A 2 in the Annex, page 111) B) In the main town centres and edge of town centres, there is a general acceptance of zero provision or up to a maximum level of off-street car parking on the site of those limited categories of development specified in Table A 2.

Minimum disabled car parking standards (see Table A 3 in the annex, page 111) C) In addition to parking provision under A) and B) above, specific provision should be made for disabled car parking on the basis of the minimum standards set out in Table A 3. Argyll and Bute Council vehicle parking guidelines D) Other than when A) or B) above apply, car and vehicle provisions shall be in accordance with approved Argyll and Bute Council parking guidelines. Variation to the standards may be applied at the discretion of the planning authority having regard to transport assessments and exceptional circumstances – see policy note 4 in the Annex (page 112).

Access and Parking 107 Chapter 10 – Annex

Policy notes to A 4:

1. Private access connection to public roads Whilst private driveways or other private accesses directly connecting a roadside development with a public or private road do not require a road construction consent, a road opening permit may be required where the private access joins a public road.

2. Access connecting to a private road When it is proposed to connect an access to a private road and not a public road, then a private access is the only acceptable form of connecting access; this will avoid the public road network becoming discontinuous and broken up by private road sections.

3. Existing private access serving additional housing development Under POL A 4 A) 3, further housing being served by existing# private accesses is supported in principle as set out below: - an existing private access with 0 houses may be used or extended to serve 5 dwellinghouses. - an existing private access with 1 house may be used or extended to serve 5 dwellinghouses. - an existing private access with 2 houses may be used or extended to serve 5 dwellinghouses. - an existing private access with 3 houses may be used or extended to serve 5 dwellinghouses. - an existing private access with 4 houses may be used or extended to serve 6 dwellinghouses. - an existing private access with 5 houses may be used or extended to serve 7 dwellinghouses. - an existing private access with 6 houses may be used or extended to serve 8 dwellinghouses. - an existing private access with 7 houses may be used or extended to serve 9 dwellinghouses. - an existing private access with 8 houses may be used or extended to serve 10 dwellinghouses. - an existing private access with 9 houses may be used or extended to serve 10 dwellinghouses. - an existing private access with 10 houses may not be used or extended to serve any new housing development unless the private access or agreed section of it is brought up to an adoptable standard as a road commensurate with the principle of continuous improvement. #for the purposes of this plan, existing means completed at the time of the adoption of the local plan for the area. Note: each flatted unit off the private access counts as one dwelling unit for the purposes of this policy.

4. Private access and flatted dwellings An example of an acceptable private access in close-quarters to a flatted dwelling unit is in the secure or semi-secure courtyard, services, parking or concourse area, where there are shared common systems for maintenance and upkeep. New flatted dwelling units accessed from existing private accesses which predominantly serve existing dwellinghouses, shall be treated as an additional dwellinghouse under policy A 4 A) 3.

5. Accesses and commercial or institutional development For the purposes of policy A 4 A) 5, commercial and institutional development includes: holiday, business and visitor accommodation eg. holiday chalets as well as uses such as business units, shops, restaurants, hotels, public houses, leisure and recreational development, social facilities, schools and hospitals.

108 Access and Parking Policy note to A 4 continued:

6. Development contributions to public road improvements Developments can expect to be required to contribute to improvements to a public road approaching a development site in the following circumstances; a when, in the judgement of the planning and roads authority, the development, because of its projected traffic generation, is likely to result in unacceptable road safety conditions; and this will place unreasonable burdens on the roads authority to improve a significantly substandard road. b the improvements to the public road should be practical and proportionate to the nature and scale of development proposed; account should be taken of existing traffic usage of the public road and its overall conditions; the principle of continuous improvement should be applied whereby the road conditions will have been improved after the development has taken place, notwithstanding the increased traffic. c where public road improvements are considered necessary for a development to proceed, and these involve private land, then a formal planning agreement, under Section 75 or equivalent, may be appropriate before planning consent is issued.

7. Private access standards The following standards for private access layout, dimension and construction should be provided unless varied at the discretion of the planning and roads authority having regard to the urban, rural and island context of development and local access conditions.

a the access shall be suitably constructed with bottoming and middle layer and shall be finished with a hard wearing surface, properly drained in order to avoid discharge of surface water onto any adjacent road. Lesser standards of construction shall generally be acceptable for driveways serving up to three dwellinghouses. b with the exception of private driveways serving up to three dwellinghouses, the following design and construction standards shall be applied to private accesses forming part of development proposals. 1. the private access shall be bellmouthed to a radius of at least 6 metres where joining a road and incorporate bituminous material land for at least 5 metres back from the road junction or, if likely to serve commercial sized vehicles, up to 10 metres back from the road junction. 2. the private access shall be a minimum of 3.7 metres wide and where less than 5.5 metres wide, shall incorporate passing places as necessary to achieve intervisibility between passing places which are not more than 100 metres apart. 3. a turning head capable of accommodating serving vehicles shall be provided close to the end of the private access; this may take the form of a turning-head from the back of which an access to an individual property is provided.

Access and Parking 109 Policy notes to A 5:

1. National maximum car parking standards Table A 1 – National maximum car parking standards Reference to m2 is to Gross Threshold from and above National Maximum Parking Floor Area which Standard Applies Standard Retail (Food)(Use Class 1) 1000m2 1 space per 14m2 (see Note 1) Retail (Non-Food) (Use Class 1) 1000m2 1 space per 20m2 Business (Use Class 4) 2500m2 1 space per 30m2 Cinemas (Use Class 11 (a)) 1000m2 1 space per 5 seats Conference Facilities 1000m2 1 space per 5 seats Stadia 1500 seats 1 space per 15 seats (see Note 2) Leisure (other than Cinemas 1000m2 1 space per 22m2 and Stadia) Higher and Further 2500m2 1 space per 2 staff plus Education 1 space per 15 students (see Note 3) Note 1: Where a retail development car park is designed to provide general town centre parking, or can be demonstrated to do so to a significant extent, that should be recognised in the amount of parking that is permitted above that specifically allowed for the development. Note 2: Sufficient coach parking should be provided to the satisfaction of the planning authority and treated separately from car parking. Coach parking needs to be designed and managed so it will not be used for car parking. Note 3: The standard for students relates to the total number of students attending an educational establishment, rather than full-time equivalents.

110 Access and Parking Policy notes to A 5 continued:

2. Tolerance of zero parking provisions in town centres and edge of town centres The limited categories of development which will not be expected to provide off-street car parking on development sites in town centres and edge of town centres are set out in Table A 2 below. Table A 2 – Tolerance of Zero Parking Provision in Town Centres and Edge of Town Centres Development Scale Maximum Car Parking Provision Retail (Use Class 1) Not exceeding cumulatively 1 space per 14m2 (food) 500m2 gross floorspace 1 space per 20m2 (non- food) Open Air Markets Any scale 1 space per 50m2 site area Business (Use Class Not exceeding cumulatively 1000m2 1 space per 30m2 2 & 4) gross floorspace (Helensburgh & Oban) and 500m2 in the other main towns Restaurants (Use Class Not exceeding cumulatively 2 space per 22m2 3) Hot Food Takeaway and Public Houses Cinemas and Conference Not exceeding cumulatively 500m2 1 space per 5 seats Facilities and Stadia and 1000m2 in case 1 space per 15 seats for stadia* (Use Class 11) of stadia *coach parking facilities may require to be provided Other Leisure Facilities Not exceeding cumulatively 5000m2 1 space per 22m2 (Use Class 11) Non-Residential Not exceeding cumulatively 5000m2 1 space per 2 staff Institutions (Use Class 1 space per 15 students for educational establishments or else 1 space per 22m2 Housing (Use Class 9) Not exceeding cumulatively on any 1 space per dwelling and Flatted Dwellings one site 15 units and each unit not having more than 2 bedrooms

3. Minimum disabled car parking standards Table A 3 – Minimum Disabled Car Parking Standards Car park maximum Car park maximum standard size up to 200 spaces standard size over 200 spaces Employment Uses 1 space per disabled employee plus 6 spaces plus 2% of 2 spaces or 5% of maximum maximum standard size standard size whichever is greater Retail, Leisure and 3 spaces or 6% of maximum standard 4 spaces plus 4% of Recreation Uses whichever is the greater maximum standard size

Access and Parking 111 Policy notes to A 5 continued:

4. Variation to the Argyll and Bute Council parking guidelines in exceptional circumstances Apart from when the national maximum or the tolerance of zero provision apply, variations to the Council’s parking guidelines may be acceptable in exceptional circumstances taking into consideration the following factors: a the nature and scale of the proposed development and its likely parking requirements. b the previous lawful use of the site and associated traffic generation and parking provision as compared to the proposed development. c the nature of the surrounding land uses, the condition of the road and access network, the level and type of traffic in the area, and the availability of off-street and on-street parking in the area. d implication for the settlement plan and the local access/parking regimes. e economic, social and environmental factors balanced along with a – d above and with road safety considerations.

112 Access and Parking Chapter 11 – Servicing

Summary

11.1 The development control policies in this chapter address particular aspects of servicing. These relate to: sewage and waste water treatment; sustainable urban drainage systems; water supply development; high voltage power lines; and waste related development and management.

11.2 The policies for sewage and waste water treatment, as well as water supply, are generally supportive other than where specific conflicts may arise eg. private systems being proposed where a connection to a public system is viable and preferred by this plan. The sustainable urban drainage system policy requires developments to ensure that foul water and surface water drainage are effectively separated and to take account of public sewage system constraint sectors which are evidenced by Scottish Water under protocol arrangements.

11.3 The policy on high voltage power lines applies the precautionary principle by seeking prudent avoidance of developments such as housing, schools, hospitals and offices being located with their curtilages closer than 50 metres to these lines. Similarly, new high voltage power lines under consultation will be discouraged by the Council as planning authority from locations closer than this distance to these categories of development.

11.4 Waste related development and waste management within developments is required to conform with the national waste strategy for Scotland and with the area waste plan for Argyll and Bute. There is support in principle for such development other than where involving incineration or inappropriate forms and scales of waste related development in sensitive countryside locations or in and around settlements.

Definition of servicing

11.5 For the purposes of this plan, servicing relates to the provision of utility services and associated use of land in support of development and settlements. The policies in this chapter address those aspects of servicing which require planning permission. The type of services being considered include:

• sewers and sewage treatment and disposal (includes waste water treatment works). • storage, treatment and supply of water for consumption (includes water treatment works). • surface water drainage. • the storage, distribution and supply of fuel, including oil, coal and gas. • the generation and supply of electricity (excluding renewable energy generation – see renewable energy chapter). • waste related development involving the storage, collection, recycling, transport, disposal (including landfill) processing (including incineration) and use of waste*.

*waste comprises domestic, commercial and institutional waste (mainly, but not exclusively solid), as well as surplus ground, building, engineering and transport materials (including ground materials being used for infill or upfill purposes).

Servicing 113 The Argyll and Bute Structure Plan

11.6 The Argyll and Bute Structure Plan – PROP UTW 1 requires this local plan to incorporate policies on utility-related development addressing the matters referred to below:

“PROP UTW 1- UTILITY-RELATED DEVELOPMENT

The Argyll and Bute Local Plan shall include policies relating to:

A) The provision of sustainable urban drainage systems.

B) Circumstances when development may be resisted on the grounds that it will impose unreasonable and significant burdens on public utility systems and investment.

C) Circumstances when development will be expected to connect to available public utility systems”.

Utility objectives

11.7 The policies in this chapter address the above Structure Plan requirements. They also sit within a framework of planning objectives designed to support the economy, environment and social well-being of Argyll and Bute – see opposite page.

11.8 Utility investment requires to be co-ordinated with the needs of development and industry. The safeguarding of the environment is also a vital concern. European and nationally agreed service provision and environmental standards provide an operational context for the utility industry as well as for the land use planning and development control process eg. sustainable urban drainage systems should now be pursued and incorporated into development briefs as appropriate.

11.9 The location and scale of development proposals may in certain circumstances impose significant burdens on public utility investment. Where and when such burdens become unreasonable, then the development should be resisted or conditioned. In limited cases, alternative private investment and systems may be an acceptable means of bridging investment gaps.

11.10 The Structure Plan and this local plan support opportunistic development as well as development with a locational need taking place in appropriate countryside locations. More often than not, countryside as well as many minor settlement locations are not serviced by public sewage or water supply systems. In these circumstances, private utility servicing of appropriate standard is acceptable.

114 Servicing 11.11 Against this land use background, the following planning objectives for utility investment are considered appropriate:

Objective S 1 – Planning Objectives for the servicing of development

To promote utility investment which:

• meets utility-based legislative obligations and standards, reduces pollution and improves water, sewage and waste treatment conditions in Argyll and Bute.

• provides sustainable urban drainage systems.

• ensures that the public health and the wider environmental impact of utility development is acceptable; providing, when appropriate, research and intelligence to inform risk assessments concerning emissions amanating from utility development and operations.

• supports on a co-ordinated and phased basis, development which is proposed or encouraged by the Structure Plan and this local plan; these plans support substantial development in the main towns, reduced scales of development in the small towns and villages and small scale development in the minor settlements and rural opportunity areas; opportunistic development or development with locational need, of appropriate form and scale in the countryside, is also supported by these plans.

• connects the development with the network of public utility systems when these are available with spare capacity at reasonable cost to the developer; allowing for appropriate private systems when public utility system connection is not viable and when significant public infrastructure costs will not be incurred as a result of the development taking place.

The planning policies for servicing proposals

11.12 The policies relating to servicing are in the form of support in principle or else resistance to different categories and circumstances of servicing, along with detailed assessment criteria. The policies meet the requirements of the Structure Plan proposal PROP UTW 1 and address the following servicing considerations:

• sewage and waste water treatment • surface water drainage and sustainable urban drainage systems • water supply • electricity supply and the siting of development • waste related development and waste management in developments

Servicing 115 Sewage and waste water systems (Justification for policy S 1)

11.13 The treatment of sewage and waste water in a collective public system is preferred over individual private systems for a number of reasons. A centrally provided collective public system benefits from economies of system scale and investment and can meet obligations and ‘directives’ to bring treatment and outfall conditions up to prescribed standards. This requires priority attention and investment focusing on larger urban areas, particularly where individual private systems or other (including public) more localised systems historically have been constructed to relatively low standards of treatment (if any) and outfall condition.

11.14 The regulatory and operating environment for the sewage and waste water industry recognises these factors and there is an obligation that planning policies should reinforce the objectives of the Scottish Environment Protection Agency and the public system provider (Scottish Water) in this regard. This is achieved by co-ordinating development proposals with sewage and waste water treatment investment programmes and by building-in a requirement that development connect into the public sewage system when viable. To be balanced with these considerations is the recognition that certain types and scales of development eg. tourism related development and small scale housing developments are encouraged in a wide range of settlements and in rural locations where no public sewage systems exist. In these circumstances, the benefits of a collective public system are foregone and private sewage system provision is acceptable subject to meeting prescribed standards of treatment and outfall.

11.15 Against the above background, policy S 1 sets out the basis for supporting the principle of or else resisting sewage and waste water treatment proposals. Reference should also be made to the policy notes in the annex at the end of this chapter. These provide guidance on the scales of development referred to in policy S 1. They also advise on public system connection requirements, standards of systems and on resistance to new development in safeguarded areas.

S 1 – SEWAGE AND WASTE WATER TREATMENT

A) There is support in principle for sewage and waste water system development which does not conflict with B) below. B) There shall be resistance to sewage and waste water system development as follows: 1. private systems at locations where connection to public system with capacity is viable. 2. sewage and waste water development which does not satisfy the public system connection requirements and system standards as set out in policy notes 2 and 3. (page 123) 3. medium and large scale public or private systems within 250 metres of the boundaries of residential or other occupied property unless a greater or lesser separation distance is specified by an approved odour control model (see policy note 4). 4. public or private systems in the countryside around settlements at locations inconsistent with or prejudicial to the settlement plan for the area. 5. public or private systems of any scale in the greenbelt or very sensitive countryside; or of medium or large scale in rural opportunity areas or sensitive countryside; other than where comprising vital infrastructure or where servicing development which itself is consistent with the policies applying to these zones. 6. public or private system development which is likely to conflict with other policies in this plan including those safeguarding nature conservation interests.

116 Servicing

Surface water drainage and sustainable urban drainage systems (Justification for policy S 2)

11.16 Development is required to incorporate effective separation of foul water (sewage and waste water) from surface water drainage. The use of on-site soakaways for surface water drainage where this is a practical option will be sought. Effective interception of polluting substances should also be incorporated into drainage systems at appropriate points. Surface water drainage, furthermore, should be arranged to avoid prejudice to land and property adjacent to development sites.

11.17 In general terms, building control regulations govern drainage regimes within development sites. The Scottish Environment Protection Agency (SEPA) has responsibility over public and private discharge consent conditions. The provision of surface water drainage within the regulatory framework of building regulations, water authority connection consents and SEPA discharge consent is based on principles including those underpinning what are referred to as ‘sustainable urban drainage systems’. Planning Advice Note 61 contains guidelines on best practise on the application of these principles.

11.18 The role of Scottish Water in providing, upgrading and maintaining public sewage systems and in prescribing conditions for connecting development drainage to the public sewerage system must be taken into account as part of this process. If a development drains to the public sewage system and the cost of providing infrastructure to serve the development is outwith Scottish Waters “reasonable cost” obligations in terms of the Sewerage (Scotland) Act 1968, then the developer may not succeed in obtaining the required connection consent. Potentially, this may be overcome by development bearing the costs of the necessary increase in capacity of Scottish Water’s existing infrastructure or by promoting an alternative scheme which does not compromise the quality and quantity of discharge. The use of a soakaway or similar to accommodate surface water run-off from the proposed development will be expected where this is practical and will not itself lead to local flooding issues (as can occur in tightly configured land use in urban areas).

11.19 Foul water and surface water drainage arrangements associated with development potentially may overload or exacerbate the capacity of the public sewerage system to operate effectively in particular localities. Permission to make connection to the public system may not be forthcoming from Scottish Water in such circumstances. It is reasonable for planning policy to reinforce such a stance. However, this should avoid unnecessary embargoes on development. Planning permission involving public sewerage system connection should normally only be refused when and where Scottish Water is raising objection and is doing so on the basis of a specific proven public system capacity constraint. Such constraint should be recognised and incorporated into this local plan or else recognised under a protocol agreement which may be reached between the planning authority and Scottish Water.

11.20 When permission for development to connect to the public sewerage system is not forthcoming from Scottish Water it will be incumbent on the developer to negotiate with Scottish Water with a view to overcoming local capacity constraints. This may involve exploring drainage regimes that would allow connection to the public system to be made or alternatively developer contribution to overcome local capacity constraints.

Servicing 117

11.21 Policy S 2 sets out the broad basis for considering whether a development is consistent with the principles of sustainable urban drainage systems. Development should also take account of the guidelines in Planning Advice Note 61 an the Sustainable Urban Drainage System Design Manual for Scotland and Northern Ireland (CIRIA C521, March 2000). In addition, account should be taken of: a) building regulations and b) Scottish Water – public sewerage system connection requirements under the Sewerage (Scotland) Act 1968 (where such connection is proposed). c) Scottish Environment Protection Agency discharge consent conditions (when such consent is required). d) drainage impact assessments may require to be submitted once a national scheme (currently under consultation) to guide developers and regulators has been agreed.

S 2 – SUSTAINABLE URBAN DRAINAGE SYSTEMS

A) Development proposals shall ensure that their arrangements for foul water and surface water drainage are effectively separated to satisfy the requirements for sustainable urban drainage systems in accordance with B) and the policy notes below. Drainage impact assessment shall be submitted for developments in accordance with policy note 3. (page 123) B) Surface water drainage arrangements shall be resisted and may be refused planning permission when: 1. the surface water arrangements involve connection with the public sewerage system: - in a locality designated in this local plan on the basis of Scottish Water established evidence, as a ‘public sewage system constraint sector’*. - in a locality, which under protocol arrangements between the planning authority and Scottish Water, is declared on the basis of Scottish Water new evidence as a ‘public sewage system constraint sector’. 2. the surface water arrangements are significantly prejudicial to adjacent land, property, accesses, roads or infrastructure.

*at present no such public sewage system constraint sectors have been identified.

118 Servicing Water supply systems

11.22 Water supply development is generally compatible with most locations although in the greenbelt a more restrictive policy regime is appropriate reflecting the wider resistance to development in such locations. Also private water supply is not generally supported where a public water supply to development is viable; this approach will reinforce the delivery and maintenance of effective and high standards of water supply services.

11.23 Policy S 3 and its associated policy notes seek to support, condition or resist water supply systems having regard to the above considerations.

S 3 – WATER SUPPLY DEVELOPMENT

A) There is support in principle for water supply development which does not conflict with B) or C) below. B) There shall be resistance to water supply development as follows: 1. private water supply development where connection to a public water supply with spare capacity is viable (as is likely to prevail in the main towns, small towns and villages). 2. water supply development in the countryside around settlements at locations inconsistent with or prejudicial to the settlement plan for the area. 3. water supply development in the greenbelt or very sensitive countryside other than when comprising vital infrastructure or servicing development which itself is consistent with the restrictive policies applying to these zones. C) Water supply and storage shall be of adequate quantity to service the development without prejudicing the lawful interests of neighbouring properties or land and water users. Where the conditions of water supply are known to be problematic or become evident, then full details of the water supply proposals shall require to be submitted with planning applications for assessment.

Servicing 119 Electricity supply and development (Justification for policy S 4)

11.24 The erection of power stations with general capacity of over 50 megawatts or erection of electricity lines are processed by the Scottish Executive under Sections 36 and 27 respectively of the Electricity Act 1989. Planning authorities are consulted on the process of considering applications for consent under Section 37. If the planning authority objects to a new projected power line, a public inquiry is held. There are currently no major power stations or power lines proposed for Argyll and Bute.

11.25 A relevant issue for land use planning is how close development should be encouraged to locate relative to power lines. Applicants are required to consult with Hydro Electric when within 8 metres of power lines in order to avoid potential for contact with power lines and to avoid other operational concerns. An issue of current public concern, however, is the perception that there may be a risk to public health arising from electro-magnetic fields (EMFs) in the vicinity of high voltage electricity lines particularly when close to residential areas or schools.

11.26 Public concern has been voiced on whether health issues might be caused by long term exposure to low-frequency alternating EMFs such as may be associated with high voltage overhead power lines. The National Radiological Protection Board’s (NRPB) – Advisory Group on Non-Ionising Radiation has examined this issue taking into account work undertaken in this area in a number of countries. The current advice of the NRPB is that there is no convincing evidence of a causal link between EMFs and health risks including cancer.

11.27 As there is a continuing public concern over this issue, (and taking account of ongoing and future studies, still to report), it is sensible to pursue a precautionary approach to the siting of developments in the vicinity of high-voltage overhead power lines. Since perceived risks from overhead power line – generated EMFs have not been fully established, prudent avoidance at this stage is appropriate. In pursuing such an approach, it is reasonable that continuously or near-continuously occupied development should not be proposed within 50 metres of overhead HV power lines if such development positioning can be prudently avoided. This is the basis of policy S 4.

S 4 – SITING OF DEVELOPMENT IN VICINITY OF OVERHEAD HIGH VOLTAGE* POWER LINES AND THE SITING OF SUCH POWER LINES CLOSE TO DEVELOPMENT

*132 Kv and above. A) Proposed developments which are to be continuously occupied or near continuously occupied eg. houses, schools, hospitals and offices shall be expected to locate with their curtilages and sites beyond 50 metres of overhead high voltage power lines. B) Such development proposals when within this 50 metre distance shall be required to demonstrate why it is not feasible for the development to prudently avoid any such location by alternative siting and shall be accompanied by a ‘risk assessment’ which justifies the proposed location of the development. C) Where new high voltage power lines are proposed within 50 metres of the curtilages referred to in A) above, objections are likely to be raised to consultations on such proposals unless it is demonstrated that it is not feasible to alternatively route the power lines.

120 Servicing Waste related development# (Justification for policy S 5)

#see para 11.1 and bullet point 5 for definition

11.28 The national waste strategy for Scotland proposed by the Scottish Environmental Protection Agency (SEPA) sets out the national context and criteria for waste management. There is also an area waste plan for Argyll and Bute Council. The sustainable approach to waste management as incorporated in the above strategy and plan is supported by this local plan.

11.29 This approach involves focusing mainland waste disposal at two landfill sites within Argyll and Bute (by Lochgilphead and near Dunoon) and at one site in the neighbouring West Dunbartonshire Council area to service Helensburgh and Lomond. The settlement plan components of this Local Plan for Lochgilphead, Dunoon/Sandbank and Helensburgh areas take account of these provisions.

11.30 The Argyll and Bute Structure Plan requires this local plan to incorporate policies on waste management addressing the matters referred to in PROP UTW 3.

“PROP UTW 3 – WASTE MANAGEMENT

The Argyll and Bute Local Plan shall include policies which: 1. require development to conform to the National Waste Strategy: Scotland and the Area Waste Plan for Argyll and Bute. 2. encourage waste minimisation, reuse and appropriate recycling within developments as well as at other stages in the waste management process”.

11.31 Policy S 5 conforms with the above. It further supports, conditions and resists waste related development having regard to the general capacity of the various settlement and countryside development control zones to absorb such development. Requirements for waste management within development sites are specified in the policy and in accompanying policy notes in the annex at the end of this chapter. These policy notes set out the scales of waste related development for the purposes of policy S5C) and sets out the basis for waste management provision within development sites.

Servicing 121 S 5 – WASTE RELATED DEVELOPMENT AND WASTE MANAGEMENT IN DEVELOPMENTS

A) Development proposals and associated land use and operations shall conform with the national waste strategy for Scotland and with the area waste plan for Argyll and Bute. B) There is support in principle for waste related development which does not conflict with C) below. C) Other than in exceptional circumstances there shall be resistance to waste related development involving: 1. incineration of waste in any location. 2. waste storage, sorting (for recycling) and collection facilities - of any scale in the greenbelt, very sensitive countryside or sensitive countryside and of medium or large scale within the countryside around settlements (subject to settlement plan consistency) and rural opportunity areas - of medium or large scale in settlement locations other than in business and industry areas or at other locations which are well separated from residential and other vulnerable land use. 3. the processing, recycling and disposal of waste (including landfill, composting and storage of waste for onward transportation) in the countryside around settlements bordering villages or minor settlements, or in the greenbelt or very sensitive countryside. D) A development under C) above may be exceptionally supported if it is demonstrated that: 1. the proposal is consistent with A) above and can be treated as vital infrastructure and 2. there are no other more suitable sites available for the development within the planning area and 3. this specific proposal will not result in unacceptable environmental, bad neighbour, servicing or access impacts. E) Developments shall make effective land use and layout provision for the storage, separation and collection of waste consistent with policy note 2 (page 124).

122 Servicing Chapter 11 – Annex

Policy notes to S 1:

1. Sewage and waste water treatment scales of development Large scale – servicing more than 500 population equivalent. Medium scale – servicing between 50-500 population equivalent. Small scale – servicing less than 50 population equivalent.

2. Public system connection requirements Connection to a public sewage and waste water system is considered to be viable and a private system therefore considered unacceptable whenever: a a public system with capacity is clearly not available at the location or in the vicinity of the proposed development and b in the judgement of the planning authority, in consultation with the water authority, the proposed development can be connected to this available public system without unreasonable costs being incurred by the developer; as a general rule, unreasonable costs of connecting to the public systems are equivalent to 50% more than the private system costs – net of any water authority contribution or c when a public system is available but is at near- or full-capacity or is in need of repair or upgrading, the planning authority, in consultation with the water authority, will judge whether a private system is a reasonable alternative to introducing an embargo on the development in that location; this shall have regard to the prospects for upgrading the public system and integrating this with an intermediate private system at that time.

3. Standards of systems The provision and maintenance of public and private sewage and waste water systems should be to a standard which prevents pollution occurring and which is consistent with the provision of sustainable urban drainage systems – see policy S 2. Due account should be taken of legislative requirements, building regulations and discharge consent conditions. The planning may require a drainage impact assessment to be submitted with the development proposals.

4. Resistance to new development within safeguarded areas **New residential or occupied development can expect to be resisted when proposed within safeguarded areas specified by approved odour control models in relation to sewage and waste water treatment plant.

Servicing 123

Policy notes to S 5:

1. Scales of waste related development Large scale waste related development – development on sites exceeding 0.25 hectare. Medium scale waste related development – development on sites between 500m2 and 0.25 hectare. Small scale waste related development – development on sites less than 500m2.

2. Waste management provision within development sites Effective provision for the storage, separation and collection of waste should be planned for and incorporated into developments as follows: a housing, commercial and institutional development shall make effective provision for the storage, separation and collection of waste from within the development site or, when appropriate, from roadside or other specified collection points (for onward reuse and recycling; b in the case of detailed applications for medium or large scale development, details of the arrangements for the storage, separation and collection of waste from the site or roadside collection point shall be submitted. c this shall include provision for the safe pick-up by refuse collection vehicles.

124 Servicing

Specialist Development Control Policies

Chapter 12 – Aquaculture

Summary

12.1 The policies in this chapter work within the strategic national framework for Scottish aquaculture and take into account the Scottish Executive locational guidelines and advice. They also respond to Structure Plan requirements. Within these contexts, there is positive support for fish farming as an important component of the economy and as a key participant in the ‘economic coast’ of Argyll and Bute. Accordingly, the development control policies are supportive of fish farming other than where sensitivities and potential conflicts are established.

12.2 In the case of marine shell-fish and fin-fish farming, the sensitivities and potential conflicts are most likely to occur close to settlements and adjacent the more isolated sectors of the very sensitive countryside. These locations are referred to in the policy as ‘coastal constraint zones’ where marine fish farms can expect to be resisted. Elsewhere, within ‘presumption in favour’ zones, the plan supports the principle of fish farming. However, all proposals are subject to detailed assessment in terms of their direct and cumulative impact on the environment and in terms of servicing and access.

12.3 Fish farming away from the coast is referred to as non-marine fish farming. It has a similar policy regime of support in principle, or resistance to such activity and development. In this instance, the framework is the development control zones. For example, there is support in principle for small scale fish farming in the sensitive and very sensitive countryside and for up to and including medium scale fish farming in rural opportunity areas. On the other hand, the initial position of the plan is to resist fish farming within the settlement boundaries.

Scottish Executive – A strategic framework for Scottish aquaculture

12.4 The strategic framework for aquaculture is provided in the Scottish Executive recent publication – “A Strategic Framework for Scottish Aquaculture – Making It Work Together”. This sets out the following shared vision:

“Scotland will have a sustainable, diverse, competitive and economically viable aquaculture industry, of which its people can be justifiably proud. It will deliver high quality, healthy food to consumers at home and abroad, and social and economic benefits to communities, particularly in rural and remote areas. It will operate responsibly, working within the carrying capacity of the environment, both locally and nationally and throughout its supply chain”.

Aquaculture 125 12.5 Within this shared vision, the strategic framework sets out four principles for aquaculture.

“! The economic principle

“Aquaculture should be enabled to make a positive contribution to the Scottish economy through being internationally competitive in the marketplace and economically viable at a national level”.

• The environment principle

The industry should work in harmony with nature, managing and minimising transient environmental impacts, and avoiding significant, cumulative, long-term or irreversible changes to ecological systems, to cultural remains or to valued landscape and scenery”.

• The social principle

Aquaculture should foster strong community links, recognising and supporting the needs of local communities and working with community initiatives to manage local environments for mutual benefit. It must be integrated within its community, liaising locally and nationally on all appropriate matters.

• The principle of stewardship

While the first three principles relate to outcomes, the principle of stewardship relates to the ways in which these principles will be observed. It is about delivering outcomes sustainably. It embraces the precepts of transparency, integration, co-ordinated government and fit-for-purpose regulation, partnership and stakeholder participation, accountability, ethics and regard for animal welfare, and a culture of best practice and continuous improvement. This both reflects and develops the concept of stewardship set out in the Government’s first Marine Stewardship Report (3).

Scottish Executive – Locational guidelines and advice

12.6 The Scottish Executive provides locational guidelines in its Policy Advice Note: “Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters” (January 2003). More detailed assessment criteria are presented in its Advice Note: “Marine Fish Farming and the Environment” (January 2003).

12.7 The locational guidelines continue the previous guideline presumption against further aquaculture development on the north and east coasts of Scotland. In addition to this presumption against, the locational guidelines propose these categories of areas of coastal waters. These are more specific and scientifically-based than the three more generalised categories contained in the previous guidance. The latest categories are based on “the level of nutrient loading and associated benthic impact within each area arising from existing fish farm developments”.

“! Category 1: where the development of new or the expansion of existing fish farm will only be acceptable in exceptional circumstances.

• Category 2: where new development or expansion of existing sites would not result in the area being re-categories as category 1.

• Category 3: where there appear to be better prospects of satisfying nutrient loading and benthic impact requirements, although the detailed circumstances will always need to be examined carefully”.

126 Aquaculture 12.8 There are currently no identified category 1 or 2 areas within Argyll and Bute coastal waters, although these may emerge through proposals for new or expanding fish farm development.

12.9 In addition to the above, the Scottish Executive has recognised that when considering marine fish farming various interests have to be balanced and reconciled:

“! the potential effects, individually or cumulatively, on water quality, ecology, landscape character and visual amenity;

• the availability of any necessary infrastructure;

• the implications for fishing and recreational interests, and the socio-economic implications of any such impacts;

• the potential for adverse and cumulative interactions with existing aquaculture developments; and

• the need to ensure that offshore installations will not constitute a hazard to navigation.”

Source: Scottish Executive Environment and Rural Affairs Department, January 2003 – Advice Note: Marine Fish Farming and the Environment.

The Argyll and Bute Structure Plan and aquaculture

12.10 The Structure Plan describes the background to aquaculture in Argyll and Bute and provides a basis for the local plan policies as follows:

“Fish farming and commercial sea-fishing have been experiencing substantial pressures and change. At the heart of these pressures have been issues of sustainable stock management; carrying-capacity; environmental-capacity; fish disease transmission; evolving technologies; new frontiers in aquaculture opening up; international competition; and local community impact. Planning arrangements and jurisdiction has also been subject to change with planning control extending to cover marine fish farming. Within this changing picture, various factors have to be balanced in order to achieve sustainable fish farming, sea-fishing industries and angling. These factors are to be taken forward in the Argyll and Bute Local Plan in accordance with PROP CP 1”.

PROP CP 1 – AQUACULTURE AND DEVELOPMENT CONTROL

A) The Argyll and Bute Local Plan shall include appropriate policies relating to shell-fish and fin-fish farming.

B) The policies will accord with the principles and categories contained in “Locational Guidelines Authorisation of Marine Fish Farms in Scottish Waters” issued by the Scottish Executive”.

12.11 In response, the policies in this local plan have addressed shellfish and fin-fish under the heading of marine fish farming – see policy AQ 1. There is a separate policy relating to non-marine fish farming (see policy AQ 2). These policies give positive support to fish farming where it is located outwith the more sensitive locations.

Aquaculture 127 Marine fish farming (Justification for policy AQ 1)

12.12 For the purposes of this policy, marine fish farming corresponds to shellfish and fin-fish farming located in coastal waters or on adjacent land (within 500 metres of the mean high water mark) or on land within a coastal settlement. Shellfish and fin-fish farming can take place both in coastal waters and on land, including natural foreshore. Interim consultative arrangements are currently in place in the former case; planning permission is required in the latter. Policy AQ 1 is to address both the consultation and formal planning application contexts.

Presumption in favour zones and coastal constraint zones

12.13 Policy AQ 1 establishes the initial position or expectation of the plan in respect of shellfish and fin-fish farming proposals. This is based on encouraging sustainable marine fish farming in Argyll and Bute in line with Scottish Executive and the Structure Plan objectives. This translates to supporting the principle of marine fish farming in locations where there is considered to be a general capacity to successfully absorb this form of activity and development. These are referred to in the policy as ‘presumption in favour zones’ and they correspond to most of the Argyll and Bute coast. In contrast, coastal areas where there are clearly sensitivities which limit capacity to successfully absorb marine fish farming are referred to in the policy as ‘coastal constraint zones’. These correspond to coastal areas close to the settlements and to the isolated coast sectors of the very sensitive countryside.

12.14 This policy approach may be thought of as setting either an initial ‘green’ or a ‘red’ light for marine fish farming proposals. If green, then there is support in principle but this is subject to detailed assessment on the merits of each proposal. This detailed assessment should consider not only the direct but also the cumulative environmental servicing and access impact of the proposal. If red, then the proposal can expect to be resisted unless, again on the merits of the proposal, it is exceptionally demonstrated that there is an operational justification for being located outwith a presumption in favour area and that there will not be an unacceptable direct or cumulative environmental, servicing or access impact.

12.15 The identification of the coastal constraints zones for shellfish and fin-fish farming has been based on a number of factors:

• fish farming proposals within 500 metres of settlements are more likely to affect the amenity and be overlooked by a significant number of properties than is the case further away from settlements.

• There is more likely to be relatively high intensity use of areas close to settlements.

• the coastal waters adjacent the more isolated coastal sectors of the very sensitive countryside are more vulnerable than other less sensitive coastal waters to adverse visual impact from fish farming.

128 Aquaculture Other factors considered in the marine-fish farm policy

12.16 In establishing the initial position of the plan, it has not been considered necessary to make a distinction between shellfish and fin-fish farming. This takes two factors into account. Firstly, there is a similar potential for conflict to arise close to settlements from both types of fish farming. Secondly, whilst in the past shellfish farming may have had generally less visual impact then associated with fin-fish farming and surface cages, some forms of shellfish farming are now becoming comparably intrusive visually eg. where relatively large suspensive buoys are deployed in regimental layouts. It is recognised, however, that the detailed assessment of shellfish and fin-fish farming raises distinctive issues eg. the Scottish Executive – locational guidelines refer to 3 categories of coastal area based on nutrient loading and benthic impact. These do not apply to shellfish farming.

12.17 For fin-fish farming, the Scottish Executive – locational guidelines identify the Argyll and Bute coastal waters as currently Category 3 (better prospect) in terms of nutrient loading and associated benthic impact. This is not a fixed regime as it allows for scientific information and detailed assessments to justify re-categorisation of coastal sites. This aspect has been incorporated into policy AQ 1.

12.18 In tune with the Structure Plan, policy AQ 1 also recognises the potential of the coastal framework plan process to further inform the assessment of marine fish farming consultations and planning applications. The policy has been worded to avoid conflict between these statutory and partnership processes.

12.19 In addition to policy AQ 1, reference should be made to the policy notes in the annex at the end of this chapter. These define the areas which are the subject of policy AQ 1. They also set out issues associated with the ‘environmental impact’ of fish farming along with factors which may exceptional support fish farming proposals in a coastal constraint zone or on adjacent land.

AQ 1 – MARINE FISH FARMING

A) In coastal waters within the ‘presumption in favour zone’ and on adjacent land, there is support in principle for shellfish and fin-fish farming. This support is conditional on the proposal: 1. not having, directly or cumulatively, unacceptable environmental, servicing or access impact. 2. being consistent with the Scottish Executive strategic framework, guidelines and advice on fish farming. 3. being consistent with agreements covering the area which may be reached between partners and the planning authority as part of the coastal framework plan process. B) Other than in exceptional circumstances, shellfish and fin-fish farming shall be resisted in coastal waters within the ‘coastal constraints zone’*.

*see marine fish farm policy maps A/2 in the proposal map folders.

Aquaculture 129 Non-marine fish farming (Justification for policy AQ 2)

12.20 Non-marine fish farming relates to fish farming (mainly fin-fish farming) in freshwater lochs, rivers and on land away from the coastal edge. For the purposes of this policy, land away from the coastal edge corresponds to land outwith coastal settlements which is more than 500 metres distance from the nearest mean high water mark to the development site.

12.21 The general capacity of settlements and countryside locations to successfully accommodate non-marine fish farming depends largely on the scale of the development, the size of settlements, the nature of adjoining land use and on the relative sensitivities of the countryside. With these factors in mind, the development control zones along with the presence of statutorily protected nature conservation sites have provided the locational framework for initially supporting or resisting non-marine fish farming development. The inclusion of statutorily protected nature conservation sites as a key factor, reflects the greater range of potential conflict between fish farms and some protected nature conservation interests at inland locations.

12.22 Policy AQ 2 is based on supporting the principle of fish farming where it is not in a sensitive location and not of a scale which is likely to raise concern over capacity issues. As with policy AQ 1, policy AQ 2 allows for exceptions to be made, notwithstanding the initial stance of the policy. When assessing the merits of individual proposals, reference should be made to policy notes in the annex to this chapter. These define fish farming and the areas which are the subject of policy AQ 2. They include criteria for making exceptions to the policy stance.

AQ 2 – NON-MARINE FISH FARMING

A) There is support in principle for non-marine fish farming excluding the locations and scales in B) below. This support is conditional on the proposal: 1. not having, directly or cumulatively, unacceptable environmental, servicing or access impact. 2. being consistent with Scottish Executive guidelines and advice which may be produced relating to this category of fish farming. B) Other than in exceptional circumstances, non-marine fish farming shall be resisted as follows: 1. all scales of development within statutorily protected nature conservation sites. 2. large scale development in all countryside zones. 3. small and medium scale development in the countryside other than: - up to and including medium scale in rural opportunity areas. - small scale in the sensitive countryside and very sensitive countryside. - small scale on infill, rounding-off, redevelopment or within existing buildings in the countryside around settlements or greenbelt. 4. all scales of development within settlements.

130 Aquaculture Chapter 12 - Annex

Policy notes to AQ 1:

To what areas does policy AQ 1 apply ? 1. Policy AQ 1 applies to all shellfish and fin-fish farming proposals seaward of the mean low water mark and landward within 500 metres of the mean high water mark or within a coastal settlement which borders or approaches within 500 metres of the mean high water mark.

What areas do ‘presumptions in favour’ and ‘coastal constraint zones’ cover? 2. The presumption in favour zones and coastal constraint zones referred to in policy AQ 1 are shown in the Aquaculture Maps in the planning area folders. 3. The presumption in favour zones have been mapped to correspond to coastal waters which lie outwith the coastal constraint zones. 4. The coastal constraint zones have been mapped to correspond to coastal waters within 500 metres of the nearest mean low water mark in a settlement or countryside around settlement or greenbelt zone or isolated coast sector of the very sensitive countryside. The isolated coast sector of the very sensitive countryside, for the purposes of this policy, corresponds to land within this zone located up to 500 metres landward from where the zone abuts the mean high water mark.

The environmental impact of fish farming 5. Reference in the policy to ‘environmental impact’ includes the direct and cumulative impact of the proposal on the following environmental interests: - the integrity and viability of nature conservation resources within marine consultation areas and statutorily designated marine or landward nature conservation areas. - the key features of the surrounding landscape and coastscape including, where applicable, the distinctive features of national scenic areas and the very sensitive countryside zone. - the interests of neighbouring land and water users, including residential and recreational interest, having regard to visual, noise or smell intrusion.

Scottish Executive guidance 6. The Scottish Executive main publication relating to marine fish farming currently comprise: “A Strategic Framework for Scottish Aquaculture – Making it Work Together”. “A Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters”. “Advice Note: Marine Fish Farming and the Environment”.

Aquaculture 131 Policy notes to AQ 2:

To what areas does policy AQ 2 apply? 1. Policy AQ 2 applies to all shellfish and fin-fish farming proposals more than 500 metres landward of the mean high water mark and outwith all coastal settlements which border or approach within 500 metres of the mean high water mark.

Scales of fish farming 2. The following scales shall apply for the purposes of policy AQ 2 B): Small scale - cumulatively not exceeding 5 cages or tank units and not exceeding 1500m2 in total cage/tank site area; buildings not exceeding 200m2 or cubic volume 1400m3 or building height 7 metres. - cumulatively not exceeding 6 suspensive buoys.

Medium scale - between 6 and 10 inclusive cage or tank units and not exceeding 3000m2 in total cage/tank gross site area; building footprints between 200m2 and 600m2 inclusive or cubic volume between 1400m3 and 6000m3 and building height up to 10 metres. - between 7 and 20 suspensive buoys inclusive.

Large scale - 11 or more cages or tank units or exceeding 3000m2 in total cage/tank gross site area; building footprints exceeding 600m2 or cubic volume exceeding 6000m3 or building height exceeding 10 metres. - exceeding 20 suspensive buoys.

Policy notes to both AQ 1 and AQ 2:

Definition of fish farming 1. For the purposes of these policies, fish farming involves the rearing of shellfish and fin- fish for commercial or research purposes within the fish farm site along with on-site processing, storage, distribution and servicing activity, together with on- or off-site access, laying-up, storage and servicing arrangements; fish farming includes the installation erection and use of cages, tanks, buoys, suspensive lines, equipment, servicing plant, slipways, pontoon, piers, structures and buildings. Depending on circumstances, where the processing and servicing is disassociated from the fish farming site end of the process, such development may be subject to the business and industry policies rather than the fish farming policies in this chapter.

Exceptional cases 2. Exceptions to policy AQ 1 B) and AQ 2 B) will only be made if the proposal is able to demonstrate the following: a there is an operational justification for the development of the scale proposed to be located outwith a presumption in favour or support in principle location and b notwithstanding the general sensitivity of the coastal waters or the surrounding land, this particular proposal, by reason of its siting, form, scale and rotational practise, will not compromise nature conservation interests, nor visually intrude, nor be overlooked nor affect the amenity of proportion to an unacceptable degree and c the proposal is otherwise acceptable in terms of its direct and cumulative environmental, servicing and access impact and, in the case of marine fish farming, is consistent with AQ 1 A) 2 and 3 and d in the case of fish farming within coastal or other settlements there is an operational justification for the development to be in the settlements and not in the countryside and the development shall be of a form and scale compatible with the size of the settlement and with its neighbouring land uses.

132 Aquaculture Chapter 13 – Forestry and woodland

Summary

13.1 This chapter includes for reference proposes the indicative forestry strategy which has been established by the Structure Plan on an interim basis. The review of this indicative forestry strategy will take place as part of the Structure Plan review process.

13.2 A policy has been included specifically relating to forestry based development. Most forestry related development does not require planning permission but certain elements do. These are addressed by the policy which is generally supportive other than where conflicting with nature conservation and historic environment or having unacceptable access impact.

13.3 Other aspects of forestry and woodlands ie. industrial timber processing, forestry based tourist accommodation and development impact on woodlands, are covered elsewhere in this plan.

The Structure Plan and forestry and woodland

13.4 The Argyll and Bute Structure Plan sets out a general context for considering forestry and woodland management in Argyll and Bute:

“Forestry will continue as a major land use within Argyll and Bute for many years to come. The Indicative Forestry Strategy in the Strathclyde Structure Plan (1995) requires review and updating. The Council proposes to develop an Indicative Forestry Strategy which reflects large-scale extraction, restocking and restructuring, increased attention to ecological and landscaping aspects, nature conservation designations and biodiversity. Forestry and woodland planting and management schemes which are subject to consultation arrangements with the Forestry Commission will be assessed against objectives and good practice as set out below.

“Objective FW 1 – Forestry and Woodland a) Support the contribution which Argyll and Bute can make to national timber production targets balanced with realising other national, forestry industry, land use planning, economic, environmental, tourism, transport and community based aspirations for the use of forests and woodlands. b) Facilitate the identification of opportunities and constraints for timber planting and production in Argyll and Bute. c) Improve transport penetration to the local timber product and facilitate cost- effective export of timber including use of coastal and rail transhipment facilities. d) Resolve options and potential for Argyll and Bute to compete effectively for inward investment in timber processing at appropriate locations. e) Facilitate good practise as set out in Schedule 5 and an effective forestry design and woodland grant application consultation process and forestry certification process.

Forestry and Woodland 133 SCHEDULE 5 – FORESTRY AND WOODLAND MANAGEMENT – GOOD PRACTISE

1. Protect highest-quality agricultural land and effectively manage arable, “in- bye” land and quality hill grazings whilst reducing unsustainable grazing.

2. Protect key environmental features including those relating to: a) landscape quality and highly valued views across countryside and coast. b) management of natural heritage and biodiversity; the protection of vulnerable species and their habitats identified in the Argyll and Bute Local Biodiversity Action Plan including the breeding areas and territories of raptors and upland breeding birds and geese (listed in the Wildlife and Countryside Act 1981) and including wild fish populations, invertebrates and riparian habitats. c) restoration or enhancement of ancient and long-established semi-natural woodland and the realisation of native woodland networks. d) management of built heritage and archaeological resources.

3. Safeguard the quality and capacity of water catchment areas, water bodies, water systems, land drainage, fishing interests and wind-farm operational requirements.

4. Improve public access to and across valued countryside and to cultural and heritage sites whilst supporting recreational and multi-use of forest and woodland areas.

5. Utilise native timber at a sustainable level for craft initiatives and added-value projects, including energy production in Argyll and Bute.”

The Structure Plan – indicative forestry strategy

13.5 Commercial forestry and woodland planting does not require planning permission. However, certain categories of planting, replanting and grant application schemes are subject to consultation arrangements between the Forestry Commission and Argyll and Bute Council as planning authority. Commercial forestry is viewed nationally as an important industry and, in tune with national planning guidance, the Argyll and Bute Structure Plan includes an indicative forestry strategy to guide the consultation responses on forestry and woodland proposals. This indicative forestry strategy STRAT FW 1 recognises its interim status and the fact that it is due for review:

“STRAT FW 1 – INDICATIVE FORESTRY STRATEGY

A) Forest design and woodland grant applications involving consultation with Argyll and Bute Council shall be assessed against the principles contained in Objective FW 1 and Schedule 5.

B) Argyll and Bute Council will review the existing Indicative Forestry Strategy to take account of changing trends and issues in forestry and to reflect progress made on the forestry and woodland objectives under Objective FW 1”.

134 Forestry and Woodland Important issues for the review of the indicative forestry strategy

13.6 New or important issues which, in addition to the Schedule 5 ‘good practise’ factors, should be considered as part of the review of the existing indicative forestry strategy include:

• coastal and rail transhipment potential.

• promoting the construction of internal timber haul roads to link with main roads and with coastal and rail transhipment options to facilitate the cost-effective export of timber.

• continuing to identify and evaluate potential sites for timber processing development.

• identifying opportunities for added value wood-using industry in Argyll and Bute.

• identifying opportunities and constraints for timber production.

• safeguarding wind farm operational requirements.

• improving and monitoring public access in the countryside and forests and identifying opportunities for recreation and for facilitating access on to high ground.

• continuing to integrate forestry practise with nature conservation objectives.

• encouraging biodiversity in woodlands along with improved tree species mix and creating opportunities for the regeneration of native upland tree cover.

• removing/restructuring existing poorly designed plantations and responding sensitively to natural land form features in the design of new plantations.

• safeguarding, as part of a designed landscape, highly valued viewpoints free from intrusive tree planting.

• identifying opportunities for community woodland projects.

Forestry and Woodland 135 Forestry based development (Justification for policy FR 1)

13.7 For the purposes of this Plan, forestry based development comprises the following categories of proposal: a) Forestry Commission buildings and forestry access/public road junction-proposals which may be the subject of consultation with the planning authority. b) Private forestry buildings and forestry access-public road junction proposals which require express planning permission.

13.8 Whilst forestry access proposals can raise considerations in relation to the access and road network, it is important, nonetheless, to support the principle of such proposals in order to reflect national policies. This includes a supportive approach for forestry buildings, which are viewed as generally compatible with the landscape. As with other forms of development, the support in principle gives way to resistance where vulnerable natural and historic environment interests may be adversely affected. This is the basis of FR 1.

FR 1 – FORESTRY BASED DEVELOPMENT

A) There shall be support in principle for all forestry based development which requires planning permission or which is the subject of consultation with the planning authority, excluding development in B) below. This support is conditional on the development not having significant adverse environment or access impact. B) There shall be resistance to forestry based development within statutorily protected nature conservation sites and historic environment sites (including historic landscapes) unless the proposal demonstrates exceptionally that: 1. there are no suitable alternative sites available for the development outwith the statutorily protected nature conservation area or historic environment area AND 2. the nature conservation or historic environment interests will not be undermined by this specific proposal AND

3. the access impact is acceptable.

Planting, felling and woodland management

13.9 It should be noted that policy FR 1 above does not relate to planting, felling or woodland management proposals; these are addressed by STRAT FW 1 – The Indicative Forestry Strategy and related good practise elements – see paras 13.4 and 13.5.

Industrial timber processing and forestry based tourist accommodation

13.10 Industrial timber processing development is not categorised by this plan as forestry-based development since this form of development is better addressed under its General Industry Use Class 5 category and by policy B 1 in this Plan (page 81). Similarly, forestry based tourist accommodation development is covered by policy T 1 in the Tourism Accommodation chapter (page 71).

Development impact on woodlands

13.11 The Structure Plan, under STRAT FW 2, seeks to protect the key environmental features of important woodland areas. This policy has been carried over into this plan in the environment chapter. It outlines the key environmental features of important woodlands which should be safeguarded from adverse development impacts – see Schedule FW 2 (page 23).

136 Forestry and Woodland Chapter 14 – Renewable energy

Summary

14.1 This plan supports renewable energy related development in accordance with national planning guidance and with the Structure Plan. There is a specific policy for wind farms and wind turbines and a further policy relating to other forms of renewable energy development.

14.2 The wind farm (4 or more turbines on one site) and wind turbine policy identifies ‘limited opportunity areas’ where there is some remaining capacity for further wind farm development and ‘very sensitive areas’ where there is generally very limited capacity for wind farms. The very sensitive areas include locations within or close to settlements where wind farms or where individual turbines with hub-height exceeding specified levels are not generally considered appropriate. The locational elements of the policy are accompanied by more detailed policy notes relating to a wide range of considerations including visual impact, nature conservation, access and noise.

14.3 The policy for other forms of renewable energy is particularly supportive given that environmental capacity constraints are less likely to be encountered at this time. The only locations and circumstances where non-wind renewable energy is considered contentious is as follows: in the minor settlements (because of their small size); the greenbelt (because of its restrictive planning regime); within statutorily protected nature conservation sites (because of environmental constraints); or when involving landfill, composting or incineration (because of potential bad neighbour and environmental constraints).

Definition of renewable energy related development

14.4 For the purposes of this plan, renewable energy related development means: development directly associated with the harnessing, generation, processing and distribution of energy (inputs and outputs) which is renewable by natural processes within a timescale relevant to human aspirations eg. solar, wind, hydro wave, tidal and biomass (energy crops) energy; this excludes landfill and incineration-based energy which is treated separately by this plan in the servicing chapter.

Renewable Energy 137 National planning guidance

14.5 The National Planning Policy Guideline NPPG 6: Renewable Energy Developments (revised 2000) states that:

“Planning policies should give due weight to environmental impacts and they should, as part of the development control framework, set out the criteria developers would be expected to consider in order that renewable energy developments can achieve an acceptable environmental effect, thus enabling renewable energy developments to take place”.

14.6 The NPPG 6 further advises that development plan policy should:

• “support the Scottish Minister’s commitment to renewable energy and provide positivity for its development.

• define broad areas of search suitable for wind and other renewable energy developments or, where appropriate, specific sites in local plans;

• safeguard, where appropriate, areas with potential for renewable energy projects;

• include whether there are areas or sites which, after appropriate assessment and wide consultation, it is judged that for overriding environmental reasons, proposals for renewable energy development would only be considered in exceptional circumstances;

• guide developers on the broad criteria they would be required to consider in any development proposal, including those falling outwith preferred areas; and

• provide a clear development control framework”.

14.7 The Planning Advice Note PAN 45 on Renewable Energy Technologies accompanies NPPG 6 and outlines the current position on renewable energy development in Scotland. This PAN 45 provides information and advice on the technologies for harnessing renewable energy for electricity generation.

The Argyll and Bute Structure Plan

14.8 The Structure Plan renewable energy strategy is set within the above national framework and within the following Argyll and Bute context:

“Argyll and Bute is richly endowed with renewable wind and hydro energy resources. Wave energy and possibly some forms of biomass (energy crops) processes also have potential for exploitation. The use of these renewable energy resources is encouraged by Government policy and by this Plan, whether this be for local needs, research purposes or for exporting electricity to the national grid.

The relatively high cost of energy in Argyll and Bute contrasts with its renewable energy resource potential. This contrast presents opportunities to move towards local self- sufficiency or even local surplus in energy use terms. The most significant opportunities for renewable energy related development occur in the west of Argyll and Bute coincident with wind and wave energy sources”.

138 Renewable Energy

14.9 The Structure Plan also includes a set of objectives which should guide renewable energy investment in Argyll and Bute.

“Objective RE 1 – Renewable Energy

To increase the use and to exploit the potential of renewable energy for the following purposes: a) To make effective use of the varied renewable energy resources of Argyll and Bute by increasing the proportion of locally produced electricity exported from and consumed within Argyll and Bute. b) To meet local energy requirements, energy research aspirations and energy export demands. c) To achieve local self-sufficiency or local surplus in energy terms in areas and communities where this is a practical proposition. d) To facilitate the realisation of national renewable energy policies without undermining the key environmental features of Argyll and Bute. e) To ensure effective siting of renewable energy development where the energy productive and distributive capacity can be optimised, again without undermining key environmental features. f) To ensure effective partnership working on renewable energy investment including Government, the local enterprise companies, Scottish Natural Heritage, the renewable energy business and research organisations and local communities”.

14.10 Within the above framework, the Structure Plan presents a broad based wind farm policy – STRAT RE 1:

“STRAT RE 1 – WIND FARM/WIND TURBINE DEVELOPMENT

A) Wind farm development is encouraged where it is consistent with STRAT DC 7, 8 and 9. Proposals shall be supported where it can be demonstrated there is no significant adverse effect on;

• local communities • natural environment • landscape character and visual amenity • historic environment • telecommunications, transmitting or receiving systems, and

B) The Council will identify, with appropriate justification in the Local Plan, broad areas of search or, where appropriate, specific sites where wind energy development may be permitted. The Council will also indicate sensitive areas or sites which it is judged that for overriding environmental reasons, proposals for wind farm development would only be considered in exceptional circumstances in line with the criteria set out above. Issues associated with the cumulative impact of wind farm and wind turbine developments will be addressed. This will be done in partnership with the industry and other interested parties”.

Renewable Energy 139 Wind farm and wind turbine policy (Justification for RE 1)

14.11 In tune with the Structure Plan policy STRAT RE 1, this local plan contains a criteria based approach to wind farm development allied to areas of search and sensitivities. Broad criteria have been established for the following two categories of area:

Very sensitive areas (for wind farms and for individual turbines*)

Limited opportunity areas (for wind farms)

*for the purposes of this plan, wind farms correspond to 4 or more wind turbines on any one site and individual turbines to 3 or less turbines on any one site.

These areas are shown in the Proposal Maps B in the planning area folders. They have been drawn up by Argyll and Bute Council following a wind farm study exercise involving representatives of the wind farm industry and Scottish Natural Heritage. The boundaries of the very sensitive areas and limited opportunity areas have been determined with regard to a range of factors, information, maps and analysis. These will be contained in the Supplementary Information and Guidance report. The factors considered include: • the location of statutory nature conservations sites. • other nature conservation interests including ‘areas of caution for specially protected bird species’ and sea-bird colonies. • national scenic areas. • areas of semi-wilderness and special panoramas. • SNH – Landscape Assessment of Argyll and Bute and the Firth of Clyde. • the development control zones identified in this local plan. • outputs from the wind farm study for Argyll and Bute commissioned by SNH and Argyll and Bute Council. • continuing consultations with and submissions from the wind farm and power generation/distribution industry. • inputs and outputs from wind farm planning applications. • assessment by the planning authority of remaining capacity for wind farm development of different forms and scales in different locations. • the evolving context of national renewable energy policy.

140 Renewable Energy Very sensitive areas (for wind farms and for individual turbines)

14.12 Very sensitive areas have been identified. Firstly, these correspond in the countryside to locations which are considered to be essentially incompatible with wind farm development irrespective of turbine height. Secondly, they corresponds to locations close to or in settlements where wind farms or individual turbines over a prescribed height are not generally acceptable. Incompatibility is based on the natural and historic environment sensitivity of particular locations or else proximity to settlements. Six categories of area have been combined to form very sensitive areas for wind farms and for individual turbines: • statutory nature conservation sites. • national scenic areas. • highly valued landscape with semi-wilderness or panoramic qualities. • highly valued settings in and around outstanding conservation areas and historic landscapes. • land within 2 kilometres of the boundary of a settlement. • land within the countryside around settlements and greenbelt zones and within settlement boundaries.

14.13 Within the very sensitive areas, resistance to wind farms is considered to be the appropriate initial stance of the plan. In the case of 3 or less turbines, resistance to turbines with hub-height exceeding 25 metres around the edge of settlements, 15 metres within the towns and villages and 10 metres in the minor settlements is considered appropriate. Wind farms or wind turbines exceeding the above hub-heights should only be permitted in the very sensitive areas in exceptional circumstances. This places due weight on the value of the statutorily protected or highly valued natural resources in these areas and also on the need to safeguard the living environment of settlements.

Renewable Energy 141 Limited opportunity areas (for wind farms)

14.14 Secondly, having sieved out the very sensitive areas, the remainder of Argyll and Bute has been treated as areas of search for wind farm development encompassing:

• sensitivities which limit the capacity for further wind farm development including cumulative impact constraints.

• areas which are not currently considered operationally suitable for wind farms.

• preferred sites for wind farm development, equating with the sites with planning permission for such development and which, subject to detailed assessment, offer potential for expansion in the vicinity of the site.

These areas have been collectively labelled as limited opportunitu areas (for wind farms).

14.15 Known environmental or land use policy constraints within the limited opportunity areas which may be encountered by a wind farm development include:

• areas where nature conservation interests may be adversely affected (eg. ‘areas of caution for specially protected bird species’) or

• areas where landform or landscape capacity may be an issue eg. where highly valued fore-, mid- or background panoramas may be affected or where the cumulative impact of wind farm development has or is near to reaching a landscape capacity threshold or

• areas where there are known operational constraints for wind farms eg. safeguarding zones around airports or

• areas where historic environment settings may be affected eg. the setting of an important ancient monument or listed buildings or

14.16 Within these limited opportunity areas, the initial policy stance should be support in principle but one which is backed up with a requirement for each wind farm development to demonstrate that there is in fact no significant adverse effect on the factors which underpin the sensitivity of the area. Sensitivities are likely to be less of an issue in the vicinity of sites with planning permission for wind farm development.

142 Renewable Energy Assessment criteria which apply to all categories of wind farm development:

14.17 Irrespective of the initial position of the plan, wind farm development will be required to satisfy a more detailed range of policy criteria. These policy criteria are set out in policy notes. Failure to satisfy these criteria may result in refusal of planning permission.

Developments of 3 or less individual wind turbines:

14.18 Policy RE 1 establishes its initial policy position not only in relation to wind farms, but also to smaller scale developments comprising 3 or less wind turbines. The general capacity of areas to successfully absorb such small scale development is based more on the vertical scale of the turbines rather than on territorial capacity. This vertical scale capacity is influenced by the distance of sites from settlements and by the size of settlements. This plan seeks a balanced approach to these factors recognising the sensitivity of settlements and also the need for a distinctive policy regime within the greenbelt (see policy note 1 in the annex at the end of this chapter).

14.19 The hub-heights thresholds considered to be generally appropriate for individual wind turbines within or close to settlements are set out in Schedule RE 1.

Schedule RE 1 – Hub-height thresholds within or close to settlements: within minor settlements: hub-height 10 metres within main towns, small towns and villages: hub-height 15 metres within countryside around settlements, or greenbelt zones or within 2 kilometres of the hub-height 25 metres nearest settlement boundary: more than 2 kilometres from the nearest settlement boundary: no hub-height specified

Renewable Energy 143 RE 1 – WIND FARM AND WIND TURBINE DEVELOPMENT

Wind farm and individual wind turbine development A) Wind farm and individual wind turbine development is encouraged where it will not damage or undermine important nature conservation, landscape or historic environment interests. Wind farms B) Areas with some capacity in this regard are indicated in the Wind Farm Policy Maps in the planning area folders and are categorised as ‘limited opportunity areas’ for wind farms; they include preferred sites with planning permission for wind farms. Wind farms located within these ‘limited opportunity areas’ shall be supported where it can be demonstrated the proposal will not conflict with the sensitive features of the area and in all cases that there is no adverse effect, directly or cumulatively on: • local communities • natural environment • landscape character and visual amenity • historic environment • telecommunications, transmitting or receiving systems. This support is further conditional on the servicing and access implications being acceptable and the development satisfying the criteria in policy notes 1 – 10 in the Annex. C) Other than in exceptional circumstances, wind farms located in very sensitive areas, will be resisted unless the proposal demonstrates that it will not have significant adverse impact, directly or cumulatively, in terms of the factors in A) and B) above. Areas with this generally very limited capacity are indicated in the Wind Farm Policy Maps in the planning area folders and are categorised as ‘very sensitive areas’ for wind farms. Individual wind turbine development (3 or less turbines) D) Wind turbine development will be supported other than when involving the near- settlement locations and hub-height scales set out in Schedule RE 1 (page 143). In exceptional cases, individual wind turbines in the Schedule RE 1 restricted categories may be supported if the proposal demonstrates that it will not have significant adverse impact, directly or cumulatively, in terms of the factors in A) and B) above.

144 Renewable Energy Non-wind renewable energy related development (Justification for policy RE 2)

14.20 The Structure Plan recognises the potential of – other than wind – forms of renewable energy in Argyll and Bute.

“There is potential to exploit other forms of renewable energy, particularly in the west of Argyll and Bute. Wave energy production has already been the subject of research and investment at Portnahaven on Islay. Local hydro schemes have also been long established eg. at Ormsary, Mid Argyll and Tobermory. Clearly there should be broad support for a national renewable energy policy, but environmental and distributive capacity limits in Argyll and Bute place significant constraints on major investment. On the other hand, smaller scale schemes designed to serve local interests and needs may have a more practical future. STRAT RE 2 establishes a development control regime for such development.

STRAT RE 2 – OTHER FORMS OF (NON-WIND ENERGY) RENEWABLE ENERGY RELATED DEVELOPMENT

A) Renewable energy related development is encouraged, particularly wave, tide, hydro and biomass projects where this will help to sustain local businesses and local economies.

B) The principle of renewable energy development will be supported other than in exceptional cases where or when:

1. the development is located within a statutorily protected nature conservation site. 2. the development is located within a minor settlement. 3. the development comprises renewable energy arising from landfill, composting or incineration within or immediately adjacent the settlement boundaries.

C) Renewable energy related development shall be assessed with regard to its impact on:

1. the key features of the landscape 2. nature conservation interests 3. public safety and residential amenity 4. access considerations 5. the distributive capacity of the electricity network”.

14.21 The above Structure Plan policy STRAT RE 2 has been incorporated into this plan and expanded in policy RE 2. When constraints are encountered in terms of policy RE 2 B) below, there will be positive support in seeking alternative solutions, locations and sites for such development. This is in tune with the general support of this plan for renewable energy.

Renewable Energy 145 RE 2 – OTHER (NON-WIND) FORMS OF RENEWABLE ENERGY RELATED DEVELOPMENT

A) Non-wind renewable energy related development is encouraged, particularly wave, tide, hydro and biomass projects in forms, scales and locations where it will help to sustain local businesses and economies. Other than in the locations specified in B) below, the principle of this form of development is supported unless the detailed assessment reveals unacceptable environmental, servicing, electricity distribution or access consequences. B) Other than in exceptional circumstances, non-wind renewable energy related development will be resisted when: 1. located in minor settlements, greenbelt, and statutorily protected nature conservation sites. 2. comprising renewable energy arising from landfill, composting or large scale incineration* within or immediately adjacent to settlement boundaries. C) Exceptions may be made to B) above when the proposal demonstrates: 1. that there is a significant research, economic or local community benefit supporting the proposal and 2. notwithstanding the sensitivities of the area, this particular proposal will not damage or undermine statutorily protected nature conservation or historic environment interests, and its environmental impact can be minimised consistent with safeguarding key landscape features, residential amenity and public safety and 3. the servicing, electricity distribution and access arrangements are acceptable. 4. that there is a locational justification for siting the development as proposed as opposed to alternative locations which would be supported in principle under A) above.

*see policy note RE 2 (page 150).

146 Renewable Energy Chapter 14 – Annex

Policy notes to RE 1:

1. Wind farms and wind turbine development within the greenbelt The greenbelt has been identified as a very sensitive area for wind farms. Accordingly, wind farms are not supported in this zone. In the case of 3 or less wind turbines being proposed, such development will not generally be supported above the specified 25 metres hub-height. Furthermore, the development should be located within an agricultural unit and primarily supply power to agricultural units within the greenbelt; this will link the renewable energy context of the proposal to the countryside management ethos for the greenbelt zone.

2. Key environmental features which are vulnerable to wind farm and wind turbine impact Highly valued nature conservation, landscape and historic environment interests which are vulnerable to adverse impact from this form of development are to be set out in the Supplementary Information and Guidance report.

3. The visual impact of wind farms a Supplementary guidance on the visual impact of wind farms is to be included in the Supplementary Information and Guidance report. The main considerations arising from this guidance are as follows. b Wind farm and wind turbine developments, depending on their zones of visual influence are likely to be distinctive features in the landscape. Such development will be visually unacceptable when: i) the cumulative impact of the development breaches the general capacity of the wider area to successfully absorb and integrate wind farm development (account should be taken of the Scottish Natural Heritage – Argyll and Firth of Clyde – Landscape Character Assessment 1996 and of environmental impact assessments undertaken in association with planning applications) or ii) the grouping of the turbines impose an unsympathetic pattern on the landscape as viewed from established close or more distant viewpoints or iii) the turbines and ancillary elements (including access tracks) create an unsympathetic visual confusion or intrusion in the landscape or iv) the materials or colouring are unacceptably intrusive; matt surface and white or off-white colouring being generally preferred.

Renewable Energy 147 Policy notes to RE 1 continued:

4. Access to wind farms a The environmental impact of wind farms is not limited to that generated by the wind turbines. The visual and ecological impact of access tracks can be greater and are generally longer lasting than that of the wind turbines themselves. Larger tracks are likely to be required in construction and decommissioning than for servicing development. Existing farm tracks may not be adequate for these phases of the development. Whilst high quality reinstatement can be achieved, the cost of this may make the use of helicopters for construction and decommissioning relatively attractive. b The main points arising from these access considerations are as follows: i) the long term visual and ecological impact caused by the construction, extension or enlargement of access tracks should be minimised. The use of helicopters in construction and decommissioning as an alternative to ground access provision is acceptable, providing that this does not conflict with other policies in this plan eg. the safeguarding of nature conservation interests. ii) the route of proposed tracks is an important consideration which requires early discussions with the planning authority. The extension or enlargement of existing tracks may not necessarily be the preferred option. iii) details of the design, method of construction and reinstatement, of accesses shall be submitted as part of an agreed ‘statement of operation’ and be complied with as a condition of consent. If a proposed erection, extension or enlargement of tracks is to be supported, a Section 75 planning agreement may require to be entered into, backed by an appropriate financial bond to ensure the highest quality of reinstatement at the earliest opportunity. This will be expected to include partial reinstatement, immediately after construction, leaving only the minimum required (if any) for servicing vehicles.

5. Environmental impact assessments (EIAs) for wind farms a The nature of wind power generation technology and associated environmental impacts require careful and detailed planning assessments to be undertaken. In many cases this planning assessment will require to be informed by an environmental impact assessment submitted by a developer. The trigger for developers to submit EIAs are the Environmental Assessment (Scotland) Amendment Regulations 1994. These empower local authorities to request the submission of an environmental assessment for wind farms which, by virtue of their nature, size or location are likely to have significant effects on the environment. The policy also takes account of Article 13 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 which empowers the planning authority to require the submission of information to inform a planning assessment. b EIAs for wind farms should be informed by a scoping study carried out at an early stage. This should include assessment of the following matters: i) Ecological impact including effect on breeding, feeding and nesting areas and flight paths of bird populations and taking into consideration consultation with Scottish Natural Heritage. ii) Archaeological and built heritage impact including consultation with Historic Scotland and the West of Scotland Archaeology Service. iii) Visual impact on the wider landscape. - the zones of visual influence on the landscape should be determined by a digital terrain model computer programme to calculate and plot the area from which the development might be seen (including the sea). - the visual impact of the development should be portrayed by colour photomontage by splicing standard 50mm focal length prints together, or by means of a video montage.

148 Renewable Energy Policy notes to RE 1 continued:

6. Wind farms and shadow flicker Shadow flicker, caused by the sun’s rays passing through rotating rotors, is predictable and can be calculated from the geometry of the machine and the latitude of the potential site. Neighbouring properties can be affected at certain times of the day and year when the shadow flicker appears through a narrow window opening. Shadow flicker, in particular circumstances may contribute to driver distraction. In circumstances, where shadow flicker might potentially occur, the developer should provide evidence demonstrating that it will not present a significant problem.

7. Wind farms and noise a It is recognised that there has been public concern over the noise which may be generated from wind farms. In this regard, there is a need to safeguard residential and other noise sensitive land uses from excessive noise. Nonetheless, wind turbines are generally quiet in operation and over recent years there has been a significant reduction achieved in their mechanical noise. This mechanical noise is normally less than or equivalent to the aerodynamic noise of wind in trees. Background wind generated noise increases with wind speed and at a faster rate than wind turbine noise increases with wind speed. This means that the difference between the background noise and the noise of a wind farm is liable to be greatest at low speeds. Note: As an example the Planning Advice Note 45 (revised 2001) states that the indicative noise level of a wind farm at 350 metre distances is 35-45 dB(A) as compared to 35 dB(A) for a quiet bedroom and to 55 dB(A) for a car at 40mph at 100 metres distance. This revised PAN 45 also includes recommended good practise in considering noise from wind turbines taken from “The Assessment and Rating of Noise from Wind Farms” (ETSU for DTI 1996). This can be referred to in due course in the Supplementary Information and Guidance report. b Wind farm and wind turbine development should be avoided where it is likely to result in unacceptable noise impacts on residential or other noise sensitive properties. In this regard, wind farms within 300 metres of residential dwellings cannot expect to be approved unless it is a private scheme to produce power for all the properties affected. Conversely new development will not be encouraged where it would compromise the operation of established wind farms or turbines. c On submission of an application the developer should be prepared to provide accompanying information on: i) cut-in speed ii) predicted noise levels and assessment of the land characteristics over the full frequency range at specific properties closest to the wind farm; these should be given for wind speeds corresponding to cut-in, full rated power and maximum operational wind speed. iii) measured background noise levels at the properties and wind speeds outlined in 2 above. iv) a scaled map showing the proposed wind turbine(s), the prevailing wind conditions, nearby existing development and noise contours. v) the results of independent measurements of noise emissions from the proposed wind turbine including the sound power and narrow band frequency spectrums; in the case of a prototype turbine where no measurements are available, predictions should be made by comparisons with similar machines.

Renewable Energy 149 Policy notes to RE 1 continued:

8. Limited periods of consent for wind farms a It is important to ensure that wind farm developments are completed and operational as soon as possible after planning permission has been granted. This will help to remove uncertainty and reduce unnecessary blight over wind catchment areas and other potential sites which, cumulatively, may result in an adverse environmental impact, but individually might otherwise receive the benefits of planning permission. b Wind farm development will be expected to be operational within two years from the date of approval. Accordingly, the standard time condition for the commencement of works will not be applied. Those wind farms which are not operational within two years will be subject to completion or restoration notices, as appropriate, unless, by virtue of there having been no start, the consent has lapsed. An application to review planning permission may be applied for. This will be considered having regard to the circumstances and individual conditions prevailing at that time.

9. Reinstatement of wind farm and wind turbine sites a There is no guarantee that wind farms, once erected, will continue to be operational, and the economic viability of wind farms after contracts have expired is as yet uncertain. There is therefore a need to ensure that developers undertake full and satisfactory restoration of wind farm sites should they fall into disuse. b Wind farms and wind turbines are considered by the planning authority to be essentially temporary structures and conditions will be imposed on all related planning consents to ensure that, on the expiry of consent or cessation of operation, wind turbine/farm sites are fully restored in accordance with the approved consent. c In the case of wind farm developments, Section 75 Agreements will be sought to secure a financial bond to cover the predicted costs of full reinstatement, prior to consent being granted. At the discretion of the planning authority, the requirement for a financial bond may be waived when justified by virtue of the nature and scale of the proposed development. d Consents will be granted for an initial period of 20 years. An operation will be considered by the planning authority to have ceased when the wind turbine or wind farm development has not produced electricity for a period of 12 months, unless the planning authority is satisfied that the wind farm is in working order and that the operation is taking active steps to renew supply.

10. Safeguarding of wind catchments Wind farm sites will be selected because of their exposure to winds of an appropriate velocity. It is important that the operational integrity of these sites be safeguarded from land use and development which could affect the long term viability of the site for generating power. Accordingly, developments and land use which is likely to compromise the viability of an established or converted wind farm will be discouraged.

Policy notes to RE 2:

1. For the purposes of this policy, large scale incineration refers to incineration plant and operations serving a settlement or community population exceeding 500. It does not refer to district heating schemes nor to small scale incineration schemes, facilities or operations serving individual development sites.

150 Renewable Energy Chapter 15 – Radio telecommunications

Summary

15.1 Radio telecommunications are vital nationally and this form of investment and development can also make a significant contribution economically and socially within Argyll and Bute. The development control policies reflect this background and seek to conform with national planning guidance.

15.2 There is policy support for radio telecommunication development in most locations providing it is sensitively positioned and of appropriate form. Preferred locations for large scale masts and equipment are identified along with ‘special care locations’ for all types of radio telecommunication development.

15.3 The policy advises of measures which can be taken to reduce the visual impact of telecommunication equipment. One element of this advice is the identification of preferred and contentious locations for domestic satellite and television reception antenna.

15.4 On the question of radio frequency emissions from radio telecommunication development, the Scottish Executive has made it clear that this is not a material planning consideration. However, demonstration to the planning authority is required on the full compliance with international guidelines for public exposure. The plan also takes a precautionary approach by including a 50 metre distance from the curtilages of schools, housing, hospitals and offices as special care locations.

15.5 For the purposes of this plan, radio telecommunications systems are those defined in the Telecommunication Act 1984. Planning regulations determine what form of radio telecommunication require planning permission. This includes specified categories of antennae, satellite dishes, base stations and masts along with associated equipment housing, and engineering, site works, buildings and accesses.

Planning regulations and national planning guidance

15.6 The National Planning Policy Guideline NPPG 19 – Radio Telecommunications includes background to amendments to the General Permitted Development Order in 2001 (GPDO). The legislative elements of NPPG 19 are included for reference in the annex at the end of this chapter – see policy note 6 (page 160).

Radio Telecommunications 151 15.7 On the question of planning policy the NPPG 19 states that Local Plans should: specify development control criteria for radio telecommunications development, including siting and design matters, consistent with this NPPG.

These criteria are contained in policy RT 1 and in Schedules RT 1-3 and in the accompanying policy notes in the annex to this chapter. outline the types of locations, eg. industrial or commercial areas, more suitable for sizeable pieces of equipment such as the larger ground based masts.

These locations are specified in Schedule RT 2 (page 154). identify the designated areas specified in the GPDO where there are no permitted development rights for radio telecommunications development, and set out policies to control the standard of development on these areas.

These areas are set out below:

• national scenic areas (see Proposal Maps B in the planning area folders) • national parks (outwith this plan area) • natural heritage areas (none designated to date) • conservation areas (see Proposal Maps A and C in the planning area folders) • historic gardens and designed landscapes – refer in due course to Supplementary Information and Guidance report • sites of special scientific interest and European sites – refer in due course to Supplementary Information and Guidance report. identify other areas, for example the isolated coast or green belt, where special care should be exercised.

These ‘special care locations’ are identified in Schedule RT 1 (page 153).

15.8 In considering ‘emissions, health and the role of the planning system’ the NPPG 19 makes it clear that “the Scottish Executive concludes that it is not necessary for planning authorities to treat RF (radio frequency) emissions as a material consideration” and that there is “no need for planning authorities to consider power outputs”. The NPPG further advises that “to demonstrate to planning authorities that the known health effects have been properly addressed, applications for planning permission involving antenna must be accompanied by a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP* guidelines for public exposure to radio frequency radiation”.

*ICNIRP – International Commission on Non-Ionising Radiation Protection.

The Argyll and Bute Structure Plan

15.9 The Argyll and Bute Structure Plan requires this local plan to address the following matters:

“PROP UTW 2 – TELECOMMUNICATIONS DEVELOPMENT

The Argyll and Bute Local Plan shall include policies specifying where and when the principle of telecommunication development will be supported”.

These requirements are addressed in this plan by policy RT 1.

152 Radio Telecommunications Radio telecommunication development in Argyll and Bute (Justification for policy RT 1)

15.10 Telecommunication investment is an economic and social priority for Argyll and Bute. It contributes to overcoming some of the challenges of peripherality in the island and extended peninsular geography of the area. It is also recognised that national terrestrial as well as satellite networks require telecommunication infrastructure to be expanded at different levels and locations in the network. This has resulted in considerable demand for telecommunication use of land and buildings in Argyll and Bute. The economic role and technical requirements of such development requires to be balanced alongside environmental considerations. This is in tune with national planning guidelines and with the identification of special care locations for telecommunications and related issues as they arise in Argyll and Bute.

15.11 In applying this balance, the plan supports the principle of radio telecommunication development in most broad locations in Argyll and Bute other than with restricted categories of development in special care locations. In these special care locations a general resistance and tighter controls will apply. This is the basis of policy RT 1 and accompanying policy notes which include criteria for considering exceptional cases.

Radio telecommunication development in the Argyll and Bute countryside

15.12 When considering the landscape impact of telecommunication development, such as masts, it is important to recognise that prominence in the landscape does not necessarily imply adverse visual impact nor that the degree of impact will damage key features of the landscape. As with wind farm development, but perhaps to a lesser degree, there is a strong relationship between the appearance of a telecommunication mast in the landscape and its functional reason for being there. This special visual and functional relationship, when combined with the effect of distance on how masts are perceived, renders most of Argyll and Bute landscapes as capable of absorbing at least a limited number of masts on well chosen sites. Hence, under this Plan and policy POL RT 1 there is a support in principle for telecommunication development in most countryside areas.

Special care locations

15.13 This support in principle has been removed within the special care locations set out in Schedule RT 1 below.

Schedule RT 1 – Special Care Locations for Radio Telecommunication Development

• national scenic areas; • the greenbelt; • the ‘isolated coast’ sector* of the very sensitive countryside; • conservation areas and special built environment areas (excluding Tiree); • historic landscapes and historic gardens and designed landscapes; • scheduled ancient monuments and category ‘A’ and ‘B’ listed buildings together with their setting; • statutorily protected nature conservation sites. • 50 metres distance from the curtilages of schools, houses, hospitals and offices.

*for the purposes of this plan, this corresponds to a distance of 1 kilometre landward of the coastal edge.

Radio Telecommunications 153 15.14 These special care locations either have special qualities and key features which are vulnerable to adverse impact from radio telecommunication development or else, represent areas where a precautionary approach should be taken with the siting of equipment. Accordingly, under this plan they have been afforded added protection. They include areas which also occur within the settlement boundaries.

Radio telecommunication development in the Argyll and Bute settlements

15.15 Within the settlements, the capacity to successfully absorb telecommunication masts and equipment depends on the quality of the area, the nature of the surrounding land use, and on the detailed siting and positioning and scale of the apparatus. Conservation areas, and listed buildings can be particularly vulnerable. Also, the height of masts within the settlements requires to be considered. Larger settlements have a greater capacity in general terms to absorb taller masts. Residential curtilages, however, are not regarded as suitable locations for tall masts where they can be overbearing and incongruous. More favoured locations include industrial areas and areas of relatively low intensity land use.

Preferred locations for large scale radio telecommunication development

15.16 Schedule RT 2 below sets out the preferred location for large scale radio telecommunication development. For the purposes of this plan, large scale radio telecommunication development corresponds to vertical structures exceeding 20 metres in height above base ground level and to gross site areas exceeding 0.25 hectare.

Schedule RT 2 – Preferred locations for large scale radio telecommunication development

Generally suitable locations for large scale pieces of telecommunication equipment such as area ground-based masts include locations outwith ‘special care locations’ and within: a) established and proposed business and industry areas in the main towns, small towns and villages. b) areas of relatively low intensity land use eg. recreational space. c) in other settlement and countryside locations where the development will not visually intrude or appear incongruous in relation to key features of settlement setting, landscape and coastscape.

154 Radio Telecommunications Contentious categories of radio telecommunication development

15.17 Schedule RT 3 below sets out the contentious categories of radio telecommunication development which can expect to be resisted under policy RT 1 B).

Schedule RT 3 - Contentious categories of radio telecommunication development a) large scale telecommunication development located outwith the preferred locations in 1 Schedule RT 2. b) masts and antenna attached to buildings exceeding 5 metres above roof ridge height or in the case of dwellinghouses, 3 metres above roof ridge height. the following categories of telecommunication development in special care locations. c) telecommunication development within national scenic areas and the greenbelt, other than antenna on dwellinghouses. d) masts or antennae within 1 kilometre of the mean low water mark in the very sensitive countryside (this special care location corresponds to the ‘isolated coast’) other than antenna on dwellinghouses. e) telecommunication development within conservation areas, special built environment areas, historic landscapes, garden and designed landscapes (as identified in Historic Scotland’s Inventory of Historic Gardens and Designed Landscapes) other than two small antenna or antenna on dwellinghouses. f) telecommunication development on a category ‘A’ or ‘B’ listed building or on a scheduled monument site or affecting the setting of such building or monument. g) within a statutorily protected nature conservation site including European sites and sites of special scientific interest other than antenna on dwellinghouses. h) non-domestic transmitting or receiving radio telecommunication equipment (including mobile phone masts) within 50 metres of the curtilages of schools, houses, hospitals and offices.

Radio Telecommunications 155 Key elements of the planning policy

15.18 Policy RT 1 applies to radio telecommunication development outlined in para 15.1. This includes domestic satellite dishes and television reception antenna. There is support in principle for telecommunication development other than when it comprises contentious categories of development as specified in the preceding schedules or when it comprises poorly positioned domestic satellite television antenna. The policy is accompanied by policy notes in the annex at the end of this chapter. Reference should also be made in due course to the Supplementary Information and Guidance report.

15.19 The main operational parameter for the siting of a satellite dish is that it should have a clear line of sight to the satellite which usually requires a south facing aspect. Obviously site characteristics will vary from property to property and it is not practical to be precise in defining the most appropriate location for installation. However, in order to minimise visual impact it is possible, at least in general terms, to identified preferred and contentious locations. These have been incorporated into the policy notes in the annex at the end of this chapter.

RT 1 – RADIO TELECOMMUNICATION DEVELOPMENT

A) There shall be support in principle for the following categories of radio telecommunication development: 1. alteration, extension and replacement of existing telecommunication buildings and structures together with ancillary access, engineering and utility works. 2. large scale sizeable pieces of equipment such as area ground-based masts when located outwith ‘special care locations’ and when located in accordance with Schedule RT 2. 3. other telecommunication development in settlements or in countryside locations excluding development in B) below.

Such development shall avoid adverse environmental impact – see policy notes 1 in the Annex (page 157). B) Other than in exceptional circumstances there shall be resistance to: 1. contentious categories of radio telecommunication development as set out in Schedule RT 3; this includes development in the ‘special care locations’ identified in Schedule RT 1.

2. poorly positioned domestic satellite and television antenna – see policy note 5 in the Annex (page 159). C) Telecommunication development covered by B) above may be supported in exceptional cases if the proposal demonstrates the following: 1. there is no alternative operationally acceptable and less intrusive site available for the development and 2. there is a locational need for the development to be sited on or in close vicinity to the proposed site based on operational necessity in delivering national radio telecommunication policy or in satisfying reasonable local community, commercial or customer aspirations and 3. the visual impact of the development will be minimised and will not have a significant adverse impact on key features of the built and historic environment, the landscape or nature conservation interests and 4. the proposal conforms with international guidelines on public exposure to radio frequency radiation.

156 Radio Telecommunications Chapter 15 – Annex

Policy notes to RT 1:

1. Adverse environmental impacts to be avoided by all radio telecommunication development a a telecommunication development which leads to excessive visual clutter or visual confusion in a landscape setting or in relation to buildings and space. b a telecommunication development which is sited incongruously or is overly dominant within a vulnerable landscape or townscape causing disharmony as seen from established and important viewpoints. c a telecommunication mast development which, by itself, may be visually acceptable, but not when viewed in its wider landscape setting; taking into account the qualities of the area and the occurrence of other telecommunication developments in the vicinity. d a telecommunication development which because of its scale or height is likely to be overbearing in a predominantly residential area. e a telecommunication development in a waterfront or shoreside where it will disrupt the relationship between land and the sea. f a telecommunication development in an edge of settlement location where it may create an unfortunate visual entrance to the settlement. g new or widened access tracks, powerlines, cable trenching and laying of underground cables, equipment housing and drainage works associated with radio telecommunication installations and which may occasion loss of or damage to habitat. h construction or maintenance activity likely to disturb wildlife especially during the breeding season and sensitive periods. i development having a detrimental impact on important rocks, fossils, landforms, soils and land forming processes.

2. Measures to reduce the visual impact of telecommunication equipment the visual impact of this equipment may be reduced and become acceptable by: - adoption of mast sharing where this does not disproportionately increase the height or bulk of an existing mast. - the location of a new mast in close proximity to existing masts where this is sensitively sited. - siting against a backdrop of rising ground, or against or within a wooded area where consideration can be given to disguising mast and antennae on trees. Within the built environment, including conservation areas, antennae can often be successfully integrated into the design of new buildings, or disguised as features of existing buildings eg. replacement chimney cans or false rainwater goods; in some instances these may even be appropriate on listed buildings. More detailed advice on the measures which can be adopted to reduce the impact of radio telecommunications masts can be found in The Scottish Executive’s Planning Advice Note 62.

Radio Telecommunications 157 Policy notes to RT 1 continued:

3. Environmental impact assessments Depending on the nature, scale and location of the proposal, a radio telecommunication development may raise environmental impact considerations which require the submission of an environmental impact assessment or supplementary information. There should be early discussion with the planning authority to determined what form of information may be required to be submitted with planning applications; this may include: a assessment of development impact directly and cumulatively on local and wider landscape and on built heritage as seen from established viewpoints. b consideration of alternative locations and their relative capacity to absorb the development. c access impact consideration. d technical and operational considerations relative to a, b and c. e responses from Ministry of Defence, Civil Aviation Authority, aerodrome management and emergency services. f evidence of compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) public exposure guidance.

4. Preferred locations for domestic satellite and television reception antenna The preferred locations for domestic satellite and television reception antenna are as follows: a Siting on the ground in rear gardens/curtilage areas unless the following circumstances prevail: - A more suitable ground or wall or roof location is available which is operationally satisfactory and which affords a greater level of screening from public view then than the rear garden/curtilage. - The rear garden/curtilage is an unsuitable location for operational reasons and an alternative ground or wall/roof mounted location is dictated by operational factors. The applicant will require to demonstrate that the rear garden/curtilage area is unsuitable for operational reasons. b Siting on the rear/side walls/roofs of garages or outbuildings in rear garden/curtilages when suitable ground locations are not available unless the following circumstances prevail: - A greater degree of screening is afforded by wall or roof locations elsewhere on the main building or on other outbuildings elsewhere within the curtilage. - These wall/roof locations are not feasible for operational reasons and an alternative location on the walls or roof of the main buildings or on other outbuildings elsewhere in the curtilage is dictated by operational factors. Depending on the choices available an applicant may be required to demonstrate that the siting in the rear/side/roof of a garage, shed or outbuilding is not viable operationally. - No suitable garage, shed or outbuildings exist in the rear garden curtilage. c Siting on the roof of a single storey extension to a house or on the rear or side pitched roofs of a house or main buildings when siting under 1 or 2 above is inappropriate for operational or visual impact reasons. The applicant may be required to justify why less visually intrusive positions on the building are not viable for operational reasons when compared to the proposed position.

158 Radio Telecommunications Policy notes to RT 1 continued:

5. Contentious locations for domestic satellite and television reception antenna The following are locations where the placement of satellite and television antenna can expect to be resisted. a Where antenna would project above the ridgeline of the main roof of a dwellinghouse. b Where antenna or support structures would project forward of any wall if installed on the roof of a dwellinghouse. c On the front or main elevation wall of a dwellinghouse. d On the wall of a dwellinghouse where the antennae or support structures would project above the eaves of the roof, the extremities of the wall, or in the case of gable end walls, the roof verges. e In a garden facing a road. f On a roof or wall where the dish will be readily visible from a public place and where the installation with have a detrimental impact. g in a position where the installation will constitute a significant visual intrusion adversely affecting the amenity of adjoining property. Note: Further guidance on the siting and positioning of satellite dishes is to be set out in the Supplementary Information and Guidance report.

Radio Telecommunications 159 Policy notes to RT 1 continued:

6. Planning regulations and national planning guidance on radio telecommunications The National Planning Policy Guideline NPPG 19 – Radio Telecommunications includes background to amendments to the General Permitted Development Order in 2001 (GPDO) and incorporates Scottish Executive guidelines as follows: “7. The significant increase in radio telecommunications development in the 1990’s led to concern about its impact on the environment. This often comes from those who found equipment erected on land or buildings near their homes, but also arose from the introduction of prominent new structures in rural environments and the multiplicity of equipment on some roofs. 8. The amendments to the GPDO in 2001 means that a specific grant of planning permission is required for radio telecommunications development that would result, in summary, in any of the following: • A new ground based mast; • Alteration or replacement of a mast which increases its height by 2m or 1m horizontally. • On buildings over 15 metres in height: - equipment housing over 3m in height or 30 cubic metres in volume; - any antennae over 2.8 metres in height or 1.3m measured horizontally; - any antennae taken together with any supporting apparatus more than 4 metre in height; - more than 8 antennae. • On buildings not over 15 metres in height; - equipment housing over 3m in height or 30 cubic metres in volume; - any antennae over 0.9m in any direction; - more than 4 antennae other than “small antennae”;* (small antenna – an antenna for use in connection with a telephone system operating on a fixed point to multi-point basis, of not more than 50cm in any linear dimension with an area of not more than 1591 aq cm). • Development on a category ‘A’ Listed Buildings or a Scheduled Monument, including their setting; • Development in areas of natural and built heritage of national or European importance. 9. The GPDO specifies some radio telecommunications development which can be undertaken without a specific grant of planning permission. This provision is in recognition of the operators’ obligations to fulfil the requirements of their licences. Exceptionally however, Scottish Ministers have decided that these developments must nevertheless be subject to a set of environmental measures which take public concerns into account. For all cases of permitted development involving antennas or equipment housing the operators must therefore: • notify the planning authority (who may consider the proposal and comment); • provide a detailed description of the proposed development and its location: • in the case of antennas, submit the declaration required by the GPDO relating to compliance with the International Commission on Non-Ionising Protection public exposure guidelines (see paragraph 20); • removed any apparatus or structure when it is no longer required; • restore the land, building or structure to its previous or other agreed condition; and additionally, for equipment on buildings, • site it to minimise the effect on the external appearance of the building so far as is practicable”.

160 Radio Telecommunications Chapter 16 – Mineral extraction

Summary

16.1 The policies in this chapter recognise the economic importance and high value of minerals to local and national economies as well as the high environmental cost which can arise if minerals were to be exploited without strict controls. This plan seeks to maintain an appropriate balance in these respects. There is, however, a greater emphasis than previously on supporting local economies within the planning area framework whilst at the same time reducing travel distance of minerals on Argyll and Bute roads.

16.2 Within this framework, a presumption against most forms of mineral extraction is maintained. Exception will only be made if either an export demand or exceptional local need is demonstrated, and if the environmental and community impact is minimised. An exceptional local need in this plan corresponds to there being a local demand for a mineral type and quality which is unavailable from an authorised extraction source in Argyll and Bute within 20 landward road miles of the proposed new extraction site. Other conditions have to be satisfied and there are policy controls over the period of consent, audits and restoration guarantees.

16.3 At present the only mineral type for which there is an identified shortfall of supply to Argyll and Bute under the 10 year land bank is sand and gravel. There are a limited number of locations, however, which are more then 20 landward road miles from authorised extraction sites for aggregates (including sand and gravel). These factors potentially may support a small number of new extractions.

Background

16.4 For the purposes of this plan, mineral extraction development refers to the extraction, processing, storage and transportation of minerals including aggregates (hard rock, dimension stone, dressed stone, sand, gravel) precious metals, peat and coal.

16.5 Land use planning policy on mineral extraction is founded on market intervention to limit extensions and new extractions in the interests of safeguarding the environment. Without such intervention, the operation of mineral market forces will inevitably degrade the landscape. This degradation will occur both directly and cumulatively due to the non-renewable and visually intrusive nature of the industry.

16.6 Intervention in the mineral market should be balanced with facilitating reasonable levels of local competition and export potential within environmental capacity limits. An overly restrictive policy can reinforce monopolies of supply, higher prices to the local construction industry or lost export income. Account should also be taken of the extended peninsular and island geography of Argyll and Bute. This has a major influence on the operation of the local mineral market and on determining when circumstances of ‘exceptional local need’ for specified categories of mineral will apply. Furthermore, reducing the travel distance from extraction to market is an important strand of government guidance and this has influenced the formulation of mineral extraction objectives and policy in this plan.

Mineral Extraction 161 Mineral extraction objectives

16.7 Objective M 1 below presents two groups of mineral extraction planning objectives which have to be balanced and reconciled with each other:

Objective M 1 – Mineral Extraction Planning Objectives

• To extract minerals within Argyll and Bute and facilitate the import of minerals into Argyll and Bute on a sustainable basis which reconciles on the one hand: - extracting minerals to meet the needs and export demands of the local economies of Argyll and Bute, AND - importing minerals to Argyll and Bute to meet identified shortfalls AND - maintaining an effective (at least) ten year supply of minerals to support local construction industry and business interests AND - reducing the distance minerals either sourced within Argyll and Bute or imported into Argyll and Bute require to be transported within Argyll and Bute, AND - facilitating a reasonable level of competition in the Argyll and Bute mineral market. • and on the other hand: - favouring extensions to existing extraction sites over opening new extractions when this favouring will minimise environmental impact, AND - not undermining the key environmental features of the high quality Argyll and Bute landscape which generally has a limited capacity to successfully absorb mineral extractions, AND - ensuring effective reinstatement and after use of extraction sites AND - encouraging the reuse of aggregates AND - limiting the number of extraction sites consistent with achieving the above objectives.

The Argyll and Bute Structure Plan

16.8 The Argyll and Bute Structure Plan identifies a ten year mineral landbank for Argyll and Bute and this is set out with updates for base year 2003 below:

TABLE MIN 1 - 2003 PROJECTED TEN YEAR MINERAL LANDBANK FOR ARGYLL AND BUTE

MINERAL TOTAL REMAINING WORKABLE EFFECTIVE SURPLUS/ AREAS EXTERNAL TYPE PRODUCTION RESERVES RESERVES IF LANDBANK SHORTFALL OF SOURCES (TONNES) WITH PLANNING (YEARS) (± YEARS) SEARCH WHICH EXTANT PERMISSION CONTRIBUTES PLANNING APPROVED TO EFFECTIVE PERMISSION (potential LANDBANK (effective landbank in landbank in tonnes) tonnes)

Hardrock 199,867 27,922,000 49,980,000 131 +121 No Sources from Lochaber, Stirling and the Clyde Valley

Sand and 442,201 1,473,000 4,050,000 3.4 -6.6 Yes (see Sources from Gravel Map MIN Lochaber, 1) Stirling and the Clyde Valley

Peat 500 8000 - 16

162 Mineral Extraction 16.9 Diagram 3 in the Structure Plan, which includes the general location of current projected 10 year mineral reserves and ‘areas of search’ is incorporated and refined in Map MIN 1 A, B, C and D, pages 164-167.

16.10 The ten year mineral landbank requires regular review with particular attention on the areas of search which potentially may reveal reserves which can make up for the currently identified shortfall in the supply of sand and gravel.

16.11 The Structure Plan, PROP MIN 1 requires this local plan to include development control – mineral extraction policies which address the following matters:

“PROP MIN 1 – DEVELOPMENT CONTROL AND MINERAL EXTRACTION

The Argyll and Bute Local Plan shall include mineral extraction policies which: A) Establish the limited circumstances when new or extended mineral extraction will be supported in Argyll and Bute having regard to the location and scale of the proposal along with: 1. the demand and supply circumstances of the planning area containing the site and the availability of alternative supply. 2. exceptional local need circumstances or export potential. 3. the need to reduce travel distance to markets. 4. the need to minimise environmental impact of extraction proposals. 5. settlement and infrastructure implications. B) Ensure effective restoration and after use measures”.

16.12 The above Structure Plan proposal is carried forward by policy M 1 in this local plan.

Mineral Extraction 163 MAP MIN 1 A

164 Mineral Extraction MAP MIN 1 B

Mineral Extraction 165 MAP MIN 1 C

166 Mineral Extraction MAP MIN 1 D

Mineral Extraction 167 Mineral extraction – development control policies (Justification for policy M 1)

Presumption against mineral extraction development

16.13 There is a presumption against mineral extraction development in most locations and circumstances in Argyll and Bute under the terms of policy M 1 and associated policy notes. This reflects the fact that most landscapes in Argyll and Bute are vulnerable to the adverse visual impact which is generally associated with mineral extraction. It is only in the less sensitive locations, as in rural opportunity areas and here, only with small scale mineral extraction, that there is a general capacity to successfully absorb such development. In other locations, and with larger scale extractions, a presumption against is the initial stance of this plan; in these majority circumstances, extraction proposals if they are to be approved, should require an exceptional case to be made out justifying the proposal. This case should be founded on a demonstration of exceptional local need or export demand. In the case of peat extraction, this plan only supports planning applications where the extraction is to directly serve an industrial process such as whisky production.

The planning area framework

16.14 When considering what exceptional local need circumstances should justify a new mineral extraction, a number of factors come into play. The most significant of these is the island and extended peninsular geography of Argyll and Bute. Within this dispersed area mineral resources and markets are distributed widely. This adds substantially to mineral transportation and associated road maintenance costs. It also reinforces pressures for local mineral supply to meet demand emanating from relatively localised areas and economies. Furthermore, the island and peninsular geography concentrates environmental capacity issues into relatively small and localised areas.

16.15 With these factors in mind, the 15 planning areas of Argyll and Bute provide an appropriate framework for responding to exceptional local need circumstances for mineral extraction. These planning areas are sufficiently extensive and yet economically self-contained to consider mineral demand and supply issues. They also provide an effective policy framework for reducing the travel distance of minerals from point of extraction to the market place, in tune with Objective M 1 (page 162). Furthermore, the planning areas are of sufficient size and coherence to consider the cumulative environmental impact of mineral extractions. Such an approach is in tune with the Structure Plan and it is for these reasons that the planning areas of Argyll and Bute provide the spatial framework for policy M 1.

Export of minerals from Argyll and Bute

16.16 When considering export demand circumstances, the main issues are the distinctive quality of the mineral resource, its availability nationally and locally, and whether the mineral resources can be exploited to the economic advantage of Argyll and Bute without damaging key features of the environment. Where economic advantage and environmental capacity are demonstrated, the principle of extraction for export should be supported provided that this is consistent with the national mineral strategic context.

Policy notes to policy M 1

16.17 Policy M 1 addresses the issues referred to in paras 16.10-16.13 above. Reference should also be made to the policy notes in the annex at the end of this chapter. These define small scale mineral extraction development and provide additional guidance on when exceptional cases may be positively considered. The policy notes also set out requirements for the periods of consent, audits, reinstatement and after use. Further guidance on working, phasing, reinstatement and after use measures is to be included in the Supplementary Information and Guidance report.

168 Mineral Extraction M 1 – MINERAL EXTRACTION

A) There is a presumption in favour of only those limited categories and circumstances of mineral extraction development as follows: 1. that which accords with a local plan allocation or site with extant planning permission for mineral extraction. 2. alterations, extensions and replacement of buildings (with no change of use occurring); and ancillary access ground, engineering, plant and utility works associated with an existing lawful mineral extraction site. 3. small scale mineral extraction in rural opportunity areas. Mineral extraction, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact outweighing the initial presumption in favour. B) Excluding categories A) 1-3 above, there is a presumption against all scales of mineral extraction development including renewals, extensions or new extractions. C) Mineral extraction, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is demonstrated which outweighs the initial presumption against as follows: • an exceptional local need or export demand being demonstrated to the satisfaction of the planning authority consistent with policy notes 2 a – d and in the Annex (page 170). • the development impact on the environment and communities being minimised in both the short- and the long-term, consistent with policy notes 2 e and in the Annex (page 170). • the development meeting the period of consent, auditing requirements, reinstatement and after use criteria consistent with policy notes 2 f and 3 in the Annex (page 170 and 171).

Mineral Extraction 169 Chapter 16 – Annex

Policy notes to M 1:

1. Scales of mineral extraction Small scale - not exceeding 800m3 and not exceeding 20 metres on the longest edge of the site and not exceeding 2 metres in extraction depth. Medium and large scale - exceeding 800m2 or exceeding 20 metres on the (there being no distinction longest edge of the site or exceeding 2 metres in in this plan between these extraction depth. scales)

Policy notes to M 1 continued:

2. Exceptional cases for new or extended mineral extractions Other than with small scale extractions in rural opportunity areas, the authorised mineral supply shall not be extended at existing sites or at new locations except when: a the proposal is to satisfy export demands for specialised minerals beyond the boundaries of Argyll and Bute and this export is of economic benefit to Argyll and Bute and is consistent with national mineral policy OR b there is an exceptional local need for the extraction based on there being a local demand (see C below) for a mineral type and quality which is unavailable from an authorised extraction source within 20 landward road miles of the site AND c the local demand and intended deployment of the extracted mineral being predominantly for use within at least one of the following areas: i) the planning area continuing the extraction site or a neighbouring planning area adjoining this planning area or ii) an island planning area or a planning area to which the mineral is to be transported by sea AND d the proposed mineral extraction not resulting in a new extraction site with greater environmental impact than would ensue from a viable extension of an existing authorised extraction site within the same planning area AND e in all cases, the mineral extraction shall not: i) damage key environmental features, particularly those within statutorily protected nature conservation sites. ii) be located where residential, commercial or other land use interest will be significantly compromised or where the approach road/access network is inadequate to serve such development AND f in all cases, the mineral extraction site shall be effectively reinstated with appropriate after use implemented in accordance with policy note 3 opposite.

170 Mineral Extraction Policy notes to M 1 continued:

3. Mineral workings – periods of consent, audits, reinstatement and after use It is in the nature of most forms and scales of mineral extraction that the environmental impact will not only be immediate, but potentially will be long-lasting. This necessitates attention to reinstatement, and after use. In some instances, ‘restoration guarantees’ will be appropriate to ensure effective reinstatement when operations cease or companies liquidate. The following criteria and considerations shall be applied to mineral workings as appropriate. a applications for extension or renewal of mineral working shall include an audit of the existing workings and its programme of closure and reinstatement. b planning permission for mineral workings will be for a limited period appropriate to the circumstances of the site and workings and initial grant of permission shall not exceed 20 years unless this is varied by the planning authority. c new or extended mineral workings or renewal of mineral workings shall be required (by planning condition or planning agreement) to implement measures ensuring effective reinstatement, after care and, as appropriate, after use of the extraction site. d the measures under c above will be specified in the terms and conditions of the planning permission and shall include those methods of working, phasing, reinstatement, and after use measures as appropriate to the site – refer in due course to the Supplementary Information and Guidance report. e a ‘restoration guarantee’ for reinstatement purposes shall be required for mineral working proposals other than when the requirement is waived by the planning authority having regard to the nature and circumstances of the proposed development. The ‘restoration guarantee’ should cover the projected costs of reinstatement of disturbed land specified by the planning conditions or associated planning agreement and be calculated by an independent minerals consultant at the expense of the applicant and be index-linked to prices at the grant of consent; in some cases a rolling restoration guarantee, reassessed at yearly intervals, may be appropriate.

Mineral Extraction 171

172 Mineral Extraction

Chapter 17 – Ministry of Defence operational land and crown land

Summary

17.1 This chapter is included in recognition of the extent of Ministry of Defense (MOD) land in Argyll and Bute and of the special procedures and safeguarding which applies to such land. The procedures vary depending on whether MOD operational or non-operational land is involved and on whether there is to be transference to civilian use.

Development of Ministry of Defence operational land (Justification for policy MD 1)

17.2 This chapter relates to development on Ministry of Defence (MOD) operational land. The chapter also addresses crown land (MOD owned) which is outwith MOD operational land.

17.3 There are MOD bases, operational land and installations in a number of locations in Argyll and Bute including:

• Coulport • Loch Striven • Faslane • MOD-Machrihanish • Glen Douglas • Glenramskill, Campbeltown

17.4 The Royal Navy Armaments Depot (RNAD) – Coulport and Submarine Operating Base – Faslane are surrounded by floodlit security fencing and the public are excluded. These bases have been subject to Notice of Proposed Development planning procedures and contain a wide variety of uses including housing for naval personnel, offices, sports facilities, industrial ship repair facilities, dry docks. The close proximity of such uses are appropriate for strictly controlled military purposes. However, if the bases, or part of the bases, become surplus to MOD requirements, it is not considered appropriate for these areas to be transferred to civilian use without proper consideration of the planning issues. An agreement under Section 250 of the Town and Country Planning (Scotland) Act 1997 ideally should underpin such transfer and related development.

17.5 This same approach should apply to other MOD operational land which has not, to date, been made available for civilian development purposes. For the most part, these areas are either located in sensitive areas of countryside or on the edge of settlements where the scope for civilian based development would have to be carefully considered.

17.6 Policy MD 1 sets out the basis for responding to development proposals associated with areas of MOD operational land. The context of this policy includes both the transfer and non-transfer of land to civilian use.

Ministry of Defence Operational Land and Crown Land 173 MD 1 – DEVELOPMENT ON MINISTRY OF DEFENCE OPERATIONAL LAND

A) There is a support in principle for: 1. development which is the subject of ‘notice of proposed development’ procedure and which is to remain in MOD ownership. 2. development which is part of a transfer of land to civilian use and which conforms with an agreement under Section 250 of the Town and Country Planning (Scotland) Act 1997 in this respect. B) There shall be resistance to development which does not meet the terms of A) 1 or 2 above. C) The assessment of ‘notice of proposed development’ consultations where there is to be no transfer to civilian use and ownership will have regard to the military context of the development, its setting, layout and design characteristics and its compatibility with neighbouring land use. D) The assessment of ‘notice of proposed development’ consultations and subsequent planning applications associated with separation from military operational land and transference from crown land ownership shall have regard to the following: 1. the suitability of continuing the existing uses and/or introducing new uses into the site in the civilian context and 2. consistency of the development proposals with the other policies of this plan including density, setting, layout and design considerations.

Development on Ministry of Defence non-operational crown land (Justification for policy MD 2)

17.7 Since the adoption of the Cowal Local Plan in 1993, the Holy Loch – Sandbank military base and installations have ceased operation. The landward areas have been subject to redevelopment.

17.8 In the case of the MOD land at Machrihanish, a small part of the base component has been made available for the manufacturing of wind generator equipment (Vestas). The housing component of the original RAF base has been adapted and marketed for civilian private sector occupation.

17.9 The MOD also owns substantial areas of land (known as crown land) particularly in the Garelochhead and Coulport areas. Within such areas, proposals by the MOD are required to be considered by the ‘notice of proposed development’ procedure. Under this procedure, the MOD consults various interested parties regarding the intended development to allow objections to be made which, if made, are then considered by Ministers prior to the determination of the development proposal. The normal development control procedures therefore do not apply to crown land.

17.10 Although owned by the MOD, most of the crown land in the Garelochhead and Coulport areas is accessible to the public and is used for housing, farming or recreational use. However, public access to some areas is not encouraged in the interests of safety and security. The MOD has indicated that some areas may be surplus to their requirements and some sites have been sold to private interests and are now in civilian use. Two specific sites are currently surplus to MOD requirements. These are included as housing allocations at Garelochhead and at St Andrews, Shandon.

174 Ministry of Defence Operational Land and Crown Land 17.11 For crown land which is outwith MOD operational land, and outwith formally allocated land in the local plan, it is important to establish a policy basis for considering ‘notice of proposed development’ consultations and subsequent transfer to civilian use (at which time normal planning procedures will apply). It is reasonable to found this policy on the primary land use(s) which currently prevail. This translates to support in principle for the existing primary land use(s) and resistance to uses which do not conform with the retention of the existing use(s). The continuation of the existing use(s) or indeed the introduction of new uses can then be considered in the context of the other relevant local plan policies and on the basis of whether exceptional circumstances justify the proposed new use.

17.12 Policy MOD 2 sets out this policy position and general assessment criteria for development proposals on MOD owned crown land which is outwith MOD operational land. This policy applies only to MOD owned crown land and not to other categories of crown land*.

*With other categories of crown land and with other government department – development proposals, the ‘notice of proposed development’ and any subsequent planning applications will be assessed against the planning policies which apply to the relevant development control zone and to the categories of development proposed in a non-governmental context.

MD 2 – DEVELOPMENT ON MINISTRY OF DEFENCE (NON-OPERATIONAL) CROWN LAND

A) There is support in principle for: 1. Development which accords with an allocation proposed in this local plan or 2. Development which conforms with the primary land use(s) prevailing in the subject area or as may be specified as the primary land use(s) in the planning area folder – Proposals Maps. B) There is resistance to development which does meet the terms of A) 1 or 2 above. This is either in the context of a proposal being considered under a ‘notice of proposed development’ consultation or in the context of a subsequent planning application if the land has been transferred from MOD ownership. In exceptional cases development which does not conform with A) above may be supported if it satisfies the criteria in C) below. C) The assessment of ‘notice of proposed development’ consultations where there is to be no transfer to civilian use will have regard to the MOD context of the development setting, layout and design considerations and compatibility with neighbouring land use. Where the development is associated with a transfer from MOD ownership to civilian use the planning assessment shall have regard to the following: 1. the compatibility of the proposed uses in the civilian ownership context. 2. consistency of the development proposals with other policies of this plan including density, setting, layout and design considerations.

Ministry of Defence Operational Land and Crown Land 175

176 Ministry of Defence Operational Land and Crown Land Chapter 18 – Advertisements

Summary

18.1 The policies in this chapter apply to ‘advertisements’ and not to ‘road signs’. They focus on 4 main categories of advertisement: advance advertisements; advertisement on land to which they relate; product advertisements on land or buildings unrelated to the advertisement; and advertisements on buildings to which the advertisement relates.

18.2 The policies address two main considerations ie. visual amenity and road safety. They are arranged on the basis of identifying categories of advertisement which are either supported in principle or else resisted subject to exceptions being made. These presumptions in favour and against are set out in accompanying schedules. An additional policy sets out road safety principles which should be adhered to by all advertisement proposals.

Background

Advertisement consent regulations

18.3 The development control policies in this chapter relate to advertisements which require formal advertisement consent to be displayed. Advertisement consent is required under advertisement regulations whenever the advertisement falls outwith the specified ‘deemed consent’ categories. These deemed consent categories are to be set out in the Supplementary Information and Guidance report .

18.4 The advertisement regulations specify lower than normal thresholds for deemed consent if the proposal is located within an ‘area of special control’ (most of the Argyll and Bute countryside). These are to be defined for Argyll and Bute in the Supplementary Information and Guidance report. It is not thought necessary to extend the areas of special control at this time.

Advertisements and road signs

18.5 Advertisements are not road signs and they require, with the permission of the landowner, to be sited outwith the boundaries of roads (outwith the road verges). Road signs include road warning and directional signs which are erected by the roads authority within the road boundary.

18.6 Road signs also include ‘brown signs’ which have been agreed, under a nationally approved scheme, between the Tourist Board and the roads authority and relate to premises or attractions run by Tourist Board members. These ‘brown signs’ may include single signs for individual attractions and composite signs where more than one facility is involved.

18.7 Whilst advertisements are not road signs, they should not be considered in isolation from them. For example road signs in combination with advertisements can contribute to visual clutter and they can interact with one another in terms of road safety. Also, whether particular advance advertisements eg. at a countryside road junction are appropriate, will be strongly influenced by whatever ‘brown sign’ regime is in place, or not in place, at a given locality. Within settlements, there can sometimes be justification for fingerpost road sign regimes. In the absence of such regimes, advance advertisements in settlements may be appropriate for premises or attractions beyond the vehicular public road network.

18.8 These road sign and advertisement interactions cannot be effectively addressed just by development control. Instead a partnership and promotional approach is required encouraging ‘brown signs’ backed up by a coherent but limited advance advertisement regime.

Advertisements 177 Advertisements – development control policies

18.9 The development control policies in this chapter, which are to guide the assessment of applications for consent to display advertisements, have been arranged into four main categories:

• Advance advertisements. • Advertisements (free-standing or mounted) on land to which they relate. • Product advertisements on land or buildings unrelated to the advertisement. • Advertisements on buildings to which the advertisement relates.

18.10 The policies and guidelines for each of these four main categories are arranged as follows. Firstly, policies AD 1 – 4 and related schedules establish support in principle or resistance to particular advertisement categories along with the general assessment criteria. Secondly, all advertisements are required to satisfy policy AD 5 which sets out broad road safety principle for advertisements. Thirdly, more detailed visual amenity and road safety guidance can be found in due course in the Supplementary Information and Guidance report .

Advance advertisements (Justification for policy AD 1)

18.11 For the purposes of this plan, advance advertisements are those which are not road signs and which are advertisements located outwith road boundaries and outwith the site containing the premises or attraction which is the subject of the advance advertisement.

18.12 The support in principle or resistance to advance advertisements in this plan recognises the sensitivities of different areas eg. conservation areas and reflects the planning aim which is to generally discourage advance advertisements other than in exceptional circumstances.

18.13 The categories and circumstances of advance signs for which there is support in principle are set out in Schedule AD 1a.

Schedule AD 1a – Support in principle for advance advertisements

There shall be support in principle for: 1. modifications to or replacement of an authorised advance advertisement. 2. one or two individual or composite advance advertisement in settlements or countryside relating to commercial premises or attractions which do not have a frontage to a ‘road’ over which the public have a right of vehicular access; the advertisement to be suitably adjacent# to where a private access or private road serving the advertised premises joins the wider road network. 3. one or two individual or composite advance advertisements in countryside suitably adjacent# to a public road/public road junction; the advertisement relating to commercial premises and attractions* which are not alongside an ‘A’ class road, which are within 15 miles of this road junction, and which have no more than three intervening public road junctions** between the advertisement road junction and the advertised destination. # suitably adjacent – to be defined in the Supplementary Information and Guidance report. *this can include settlements and communities offering a wide variety of facilities and amenities. ** this being a public road junction which necessitates a turn-off on to another public road to reach the advertised destination.

178 Advertisements 18.14 The categories and circumstances of advance signs which shall be resisted are set out in Schedule AD 1b.

Schedule AD 1b – Resistance to advance advertisements

There shall be resistance to: 1. advance advertisements within: national scenic areas; very sensitive countryside; greenbelt; historic landscapes; conservation areas; scheduled ancient monument sites; and curtilages of listed buildings. 2. existing or new advance advertisements in the general vicinity of where there has been the introduction of a ‘brown road sign’ or a ‘fingerpost road sign’ or a composite advance advertisement under a tourist board/local authority scheme relating to the advertised premises or group of attractions at that destination. 3. repeating advance advertisements other than when satisfying Schedule 1a 3. 4. advance advertisements which are illuminated or which exceed the dimensions set out below: - Composite advance - 3m2 on any presentation panel advertisements (excluding support structures) 3m above ground level. - Single advance advertisements - 2m2 on any presentation panel (excluding support structures) 2m above ground level. - Bed and breakfast and - 0.5m2 on any presentation panel guesthouse advertisement (excluding support structures) 2m above ground level.

AD 1 – ADVANCE ADVERTISEMENTS

A) There shall be support in principle for advance advertisements in the categories and circumstances set out in Schedule AD 1a. Advance advertisements, for which there is support in principle, can expect consent unless a road safety or visual amenity consideration, including cumulative impact, militates against the proposal and outweighs the initial support in principle. B) There shall be resistance to advance advertisement in the categories and circumstances set out in Schedule AD 1b. These categories of advance advertisements, shall be resisted unless an exceptional case is demonstrated to the satisfaction of the planning and roads authority as follows: 1. the advance advertisement(s) will make a positive contribution to road safety and 2. the advertisement(s) will not result in a significant visual intrusion, directly or cumulatively, in the landscape or built environment. C) All advance advertisements shall satisfy the road safety criteria in policy AD 5 (page 187).

Advertisements 179 Advertisements on land to which they relate* (Justification for policy AD 2)

*free standing or mounted

18.15 For the purposes of this plan, free-standing and mounted advertisements on land to which they relate are those advertisements which are not road signs and which do not function as advance advertisements bordering a public road and which are not installed on buildings. This may include advertisements place on structures eg. boundary walls or other structures which in effect function as part of the support structure for the advertisement.

18.16 The support in principle or resistance to these free-standing or mounted advertisements, as with advance advertisement, take into consideration the sensitivities of particular locations such as historic landscapes, conservation areas and curtilages of listed buildings. Whether the premises or attraction or advertisements are visible across the frontage from the road. is a further factor taken into consideration.

18.17 The categories and circumstances of ‘advertisements on land to which they relate’ for which there is support in principle are set out in Schedule AD 2a.

Schedule AD 2a – Support in principle for ‘advertisements on land to which they relate’

There shall be support in principle for: 1. modification to or replacement of an authorised free-standing or mounted advertisement. 2. one or two free-standing or mounted advertisements (no more than one advertisement in the case of historic designed landscapes, conservation areas and curtilages of listed buildings) within any one frontage area between a premises/attraction and a road#. #the advertisement may be positioned adjacent an access into the site from a road or at an alternative location and will not be treated as an advance advertisement if this is on land to which the advertisement relates. 3. within each road frontage of petrol stations, one main double-sided advertisement accommodating brand name and petrol price only, one pump cover advertisement for each pump gantry and two additional smaller scale advertisements (only one in conservation areas) incorporating other advertisement material.

180 Advertisements 18.18 The categories and circumstances of ‘advertisements on land to which they relate’ which will be resisted are set out in Schedule AD 2b.

Schedule AD 2b – Resistance to ‘advertisements on land to which they relate’

There shall be resistance to: 1. free-standing or mounted advertisements within very sensitive countryside, other than specialist advertisements relating to natural and built heritage resources in the area. 2. flags, banners, buntings and tethered balloons which function as advertisements. 3. free-standing or mounted advertisements exceeding the dimensions below: - Single free-standing or - 1.5m2 on any presentation panel (excluding mounted advertisements support structures) (excluding the categories (1.0m2 in a historic or designed landscape, below) conservation area or curtilage of a listed building) 2m above ground level (1.5m2 and 1.5m above ground level in a historic or designed landscape, conservation area or curtilage of a listed building). - Composite free-standing or - 2.0m2 on any presentation panel area or mounted advertisement any face (excluding support structures) (excluding the categories 2m above ground level above and below) (1.5m2 and 2m above ground level in a historic or designed landscape, conservation area, or curtilage of a listed building). - Bed and breakfast and - 0.5m2 on any presentation panel (excluding guesthouse free-standing or support structures) mounted advertisement 1.5m above ground level (excluding the categories above and below) - Petrol filling station - 4.0m2 on each presentation panel face of forecourt advertisements the main advertisement displaying the brand name and petrol price 4m above ground level 1.0m2 on any secondary advertisement on each presentation panel face 1.5m above ground level.

Advertisements 181 AD 2 – ADVERTISEMENTS ON LAND TO WHICH THEY RELATE

A) There shall be support in principle for advertisements on land to which they relate in the categories and circumstances set out in Schedule AD 2a. Advertisements, for which there is support in principle, can expect consent unless a road safety or visual amenity consideration, including cumulative impact, militates against the proposal and outweighs the initial support in principle. B) There shall be resistance to advertisements on land to which they relate in the categories and circumstances set out in Schedule AD 2b. These advertisements will be resisted unless an exceptional case is demonstrated, to the satisfaction of the planning and roads authority as follows: 1. there is a justification for the advertisement which, having regard to the announcement and directional purpose of the advertisement and its positioning, will not set an undesirable precedent encouraging a proliferation of such advertisements in the area and 2. there are no significant road safety or visual amenity concerns directly associated with the proposal. C) All advertisements covered by this policy shall satisfy the road safety criteria in policy AD 5 (page 187).

182 Advertisements Product advertisements on land or buildings unrelated to the advertisement (Justification for policy AD 3)

18.19 Product advertisements on land unrelated to the advertisement eg. billboards, are not generally acceptable within the countryside or in the relatively small settlements of Argyll and Bute. Exceptions may be made in limited circumstances within the main towns on appropriate sites within business and industry areas where the sites are not closely overlooked by residential areas.

18.20 Policy AD 3 supports the principle of product advertisements on land or buildings unrelated to the advertisement, in the limited circumstances as set out in Schedule AD 3a.

Schedule AD 3a – Support in principle for product Advertisements on land or buildings unrelated to the advertisement

There is support in principle for: 1. modifications to or replacement of an authorised product advertisement. 2. product advertisements which accord with a partnership and Council- approved promotional scheme on an agreed site.

18.21 Policy AD 3 resists product advertisement on land or buildings unrelated to the advertisement on the basis of the criteria in Schedule AD 3b.

Schedule AD 3b – Resistance to product advertisement on land or buildings unrelated to the advertisements

There is a resistance to: 1. product advertisements within the greenbelt, residential areas, town centres, historic landscapes, conservation areas and curtilages of listed buildings. 2. product advertisements in the form of flags, banners, or fettered balloons. 3. product advertisements exceeding the dimensions set out below: - free standing or mounted billboard type advertisements up to 5m2 on any presentation face (excluding support structures) and 3m in height above ground level. - non-projecting advertisements on buildings up to 2m2 in a position well clear of other premises related advertisements eg. on a gable-end wall.

Advertisements 183 AD 3 – PRODUCT ADVERTISEMENTS ON LAND OR BUILDINGS UNRELATED TO THE ADVERTISEMENT

A) There shall be support in principle for product advertisements in the categories and circumstances set out in Schedule AD 3a. Product advertisements, for which there is support in principle, can expect consent unless a road safety or visual amenity consideration, including cumulative impact, militates against the proposal and outweighs the initial support in principle. B) There shall be resistance to product advertisements in the categories and circumstances set out in Schedule AD 3b. These product advertisements, will be resisted unless an exceptional case is demonstrated to the satisfaction of the planning and roads authority which outweighs the initial presumption against as follows: 1. the exceptional case is a special circumstance which does not set an undesirable precedent encouraging a proliferation of such advertisements in the area and 2. the proposal does not raise significant road safety or visual amenity concerns in the circumstances prevailing at the site. D) All product advertisements covered by this policy shall satisfy the road safety criteria in policy AD 5 (page 187).

184 Advertisements Advertisements on buildings to which the advertisement relates (Justification for policy AD 4)

18.22 In general terms, advertisements on buildings are acceptable. This is subject to their number, scale, positioning and form being adjusted to reflect their function, road- and other-safety requirements. Such advertisements should be further adopted to reflect the quality and characteristics of the surrounding land uses, landscape and built environment and the building elevation on which the advertisement is attached.

18.23 The categories and circumstances when there will be support in principle for advertisements on buildings to which the advertisement relates are set out in Schedule AD 4a.

Schedule AD 4a – Support in principle for advertisements on buildings to which the advertisement relates

1. Modification to or replacement of an authorised advertisement on buildings, excluding advertisements in Schedule AD 4b. 2. Non-projecting advertisements within the fascia panel of those buildings having a fascia panel or within the main façade of these buildings which do not have a fascia panel, excluding advertisements in Schedule AD 4b. 3. Two projecting advertisements (one, if within a conservation area or on a listed building), projecting from either a fascia panel or the main façade of buildings (including petrol filling station buildings), excluding advertisements in Schedule AD 4b. 4. One advertisement on an individual frontage canopy, excluding advertisements in Schedule AD 4b. 5. Non-projecting advertisements within gable-ends and other non-main façade building walls which border or are clearly visible from a commercial road frontage area or commercial/institutional place, excluding advertisements in Schedule AD 4b. 6. Advertisements displayed within shop windows, doorways and doors, excluding advertisements in Schedule AD 4b.

Advertisements 185 18.24 The categories and circumstances when there will be resistance to advertisements on buildings to which the advertisement relates are set out in Schedule AD 4b.

Schedule AD 4b – Resistance to advertisements on buildings to which the advertisement relates

1. non-projecting advertisements where the aggregate overall area of advertisements exceeds 20% of any one building elevation containing the advertisement below first floor level (15% in the case of conservation areas or listed buildings). 2. projecting advertisements* (including projecting box-advertisements) with any presentation panel exceeding 0.5m2 or the lower edge of the advertisement being less than 2.5m above pavement or ground level. *advertisements, any part of which projects from the face of the building by more than 0.025m. and projecting box-advertisements with depth exceeding 10% of height. 3. internally illuminated advertisements within historic landscapes and conservation area and on listed buildings. 4. advertisements on canopies with the advertisement element exceeding 10% of the canopy surface area and there being no more than one advertisement in any individual canopy. 5. advertisements including notices displayed on doors or door entrance walls. 6. advertisements including notices, displayed on the outside of window glazing or else on the inside of window glazing (or presented to within 0.3m of the middle of the window glazing) with the aggregate area of such externally visible advertisement not exceeding 30% of each window area (20% in the case of conservation areas or listed building). 7. advertisements which are positioned above 1st floor level or above external wall features (eg. above string courses which externally make the lower level of the 1st floor) or on gable or other walls or on roofs or chimneys.

AD 4 – ADVERTISEMENTS ON BUILDINGS TO WHICH THE ADVERTISEMENT RELATES

A) There shall be support in principle for advertisements on buildings in the categories and circumstances set out in Schedule 4a. Advertisements on buildings for which there is support in principle can expect consent unless a road safety or visual amenity consideration, including cumulative impact, militates against the proposal and outweighs the initial support in principle. B) There shall be resistance to advertisements on buildings in the categories and circumstances set out in Schedule 4b. These advertisements on buildings will be resisted unless an exceptional case is demonstrated to the satisfaction of the planning and roads authority as follows: 1. the exceptional circumstances relate to the particular advertisement requirements of the subject business premises and do not set an undesirable precedent encouraging a proliferation of similar advertisements in the area and 2. the proposal does not raise significant road safety or visual amenity concerns in the circumstances prevailing at the site. E) All advertisements on buildings covered by this policy shall satisfy the road safety criteria in policy AD 5 (page 187).

186 Advertisements Standard road safety principles (Justification for policy AD5)

18.25 Policy AD 5 below sets out standard road safety principles which all advertisements will be required to adhere to. These principles are founded on the basis that road safety standards should not be comprised by advertisement demands.

AD 5 – STANDARD ROAD SAFETY PRINCIPLES FOR ALL ADVERTISEMENTS

A) Advertisements shall be sited beyond the road boundaries and shall require the permission of the landowner for the application for advertisement consent and for the advertisement to be installed. B) Advertisements shall not: 1. obstruct the sightline of any bend, corner or road junction. 2. interfere with the visibility of any traffic sign or signal. 3. act as a distraction to drivers. 4. obstruct or cause a danger to any road or footway user. 5. have illumination which will have adverse road safety effects. 6. have the appearance of a tourist board-approved ‘brown sign’ and shall not simulate or mimic official roadsigns in content or colour. 7. cause any other hazard to public safety. C) Advertisement proposals which conflict with B) above shall be resisted on appropriate road safety grounds.

Advertisements 187

188 Advertisements Chapter 19 – Planning gain, enforcement and departures

Summary

19.1 This chapter does not contain development control policies as such. Rather, it presents three proposals which Argyll and Bute Council, as planning authority, will carry out under the headings of planning gain, planning enforcement and departures to the development plan.

19.2 The use of planning gain is often misunderstood and if it is to be imposed, it should be proportionate and for legitimate planning purposes. Planning enforcement is a necessary part of the planning process but one which should be tempered by the seriousness of the breach of planning control and by planning priorities. Departures to the development plan are clearly discouraged but may be necessary when justified by material planning considerations.

Planning gain

19.3 Planning gain usually refers to circumstances, in association with particular development proposals, when community benefits can be achieved. These may be of a monetary, economic, social, environmental, transport, access or land use nature. Argyll and Bute Council, along with partners, will seek to achieve such planning gain when it is appropriate to do so. However, in so doing, the Council takes the view that planning gain should only be imposed as a prerequisite or condition to a development proposal whenever this will proportionately address consequences which directly flow from the development proposal and involved measures which are for a legitimate planning purpose. A balanced and measured approach to the planning gain issues is required and this is the basis of the criteria set out in proposal PPG 1 below.

P/PG 1 – PLANNING GAIN

A) The Council shall seek appropriate elements of planning gain in association with development proposals emerging from partnership activity, from the development plan process and from planning applications. This shall be in liaison with participating partners and developers. B) Appropriate planning gain can include: 1. voluntary and transparent contributions by developers and partners to the economic, social, environmental, transport, access, utility or land use infrastructure in association with development proposals or partnership initiatives and projects; this may involve land outwith planning application sites; OR 2. the imposition of environmental enhancement, access or traffic management measures, or utility or other land use provisions; but only when these are viewed by the Council, as planning authority and with regard to material planning considerations, as necessary and proportionate to the scale, nature, impact and planning purposes associated with the development* - this may be pursued by way of provision in development proposals or planning conditions or Section 75 planning agreements. *eg. this may cover the provision of affordable housing, in accordance with policy H 2 (page 59) within housing development sites. C) Inappropriate planning gain includes proposals and measures which are inconsistent with B) 1 and 2 above and inconsistent with probity in decision-making.

Planning gain, enforcement and departures 189 Planning enforcement

19.4 The primacy, integrity and purposes of the development plan (Structure Plan and Local Plan) will break down unless there is effective enforcement of statutory planning controls. However, enforcement action should also be measured, co-ordinated and in proportion to the gravity and value of the development impact. It should be further tempered by the resources available to undertake the developments control functions of the planning authority. Of particular concern are development which impact adversely on public health and public safety; on neighbouring land use and property; and on those highly valued elements of the natural and historic environment which this plan seeks to sustain. Proposal P/ENF 1 presents such a measured approach to enforcement.

P/ENF 1 – ENFORCEMENT ACTION

A) Unauthorised breaches of planning control shall be assessed on the basis of a planning application deemed to have been submitted for the development which is the subject of the breach. B) Swift enforcement action shall be pursued and may be expected when the unauthorised development: 1. has severe and unacceptable impact on public health or public safety OR 2. has severe and unacceptable bad neighbour impact OR 3. without swift remedy, will result in unacceptable damage occurring to key features of the natural and historic environment. C) Enforcement action shall take into account the nature of the offense or potential breach of planning control and shall be pursued at the discretion of the planning authority in proportion to the offense and resulting risks to human, natural or built environment resources. D) This enforcement action shall be consistent with the principle of natural justice; shall be co-ordinated with other enforcement processes; and shall be effectively resourced to meet enforcement priorities.

190 Planning Gain, Enforcement and Departures Departures to the development plan

19.5 For the purposes of this plan, a proposed development will be a departure to the development plan* whenever it is determined by the planning authority that the development is not in accord with one or more development control policies in the Structure Plan or this local plan**. A significant departure relates to development not in accord with the development plan and which is large in scale or which is judged by the planning authority to have a significant adverse impact on a natural heritage or historic environment resource of national significance. A minor departure is any departure which is judged by the planning authority not to be a significant departure.

*development plan – for the area covered by this local plan, and upon the adoption of this local plan this comprises the Argyll and Bute Structure Plan, November 2002 and the Argyll and Bute Local Plan.

**note that the Argyll and Bute Structure Plan development control policies have been carried over into this local plan.

19.6 It is important to ensure that departures to the development plan are kept to a minimum and only pursued whenever justified by material planning considerations. The occurrence of departures should be monitored and the development plan itself should be kept up to date to avoid departures becoming an increasing occurrence. This is the basis of proposal P/DEP 1 below.

P/DEP 1 – DEPARTURES TO THE DEVELOPMENT PLAN

A) The Council shall seek to minimise the occurrence of departures to the development plan and to grant planning permission as a departure only when material planning considerations so justify. B) The incidence of departures shall be monitored as part of the review of this plan, with consideration to be given to modifying or introducing policies which can respond effectively to the issues underlying the departure circumstances.

Planning gain, enforcement and departures 191

Glossary

Glossary

Affordable housing – housing made available at Area of common landscape character – a cost below full market value*, to meet an identified an area with similar landscape characteristics; these need. It includes social rented accommodation, some have been used to inform the identification of private sector rented accommodation, and publicly countryside development control zones in this plan and subsidised housing for sale. can further inform the area capacity evaluation process.

*for the purposes of this plan, this will be treated as below 75% Area of search (AOS) – under the terms of the of the average house price for the respective housing market area, or the equivalent shared equity or housing rental level, Structure Plan these are “areas worthy of positive adjusted where appropriate to take account of local housing consideration for long term settlement expansion”. need circumstances. Within this context, this local plan proposes AOS within the countryside around settlement and greenbelt zones Agricultural land – this is land which is capable of providing a 10-20 year horizon for settlement planning. The process of identifying AOS has sought to avoid key supporting an agricultural or forest crop. environmental features and separation zones which

should be safeguarded from development and Agricultural unit – as defined in current settlement expansion in the longer term. Other forms of agricultural legislation and covers a croft or agricultural ‘areas of search’ relate to specific development holding or small holding and includes common grazing. categories eg. wind farm development and mineral resources. Allocation – a site proposed by this local plan for specified development purposes which can be Area remits – a description of the planning and expected to be commenced or delivered within the land use issues which require to be addressed within plan-period without having to overcome significant potential development areas, and areas for action. obstacles to the development.

Argyll and Bute’s economic coast – the Ancient monument – a monument which is either landward and seaward coastal areas of Argyll and Bute; statutorily protected ie. a schedule ancient monument these areas have inherent economic production- and or else, not statutorily protected ie. a non-scheduled development-potential, influenced by their geography ancient monument. and carrying-capacity.

Area capacity evaluation – this is an Bad neighbour development – development assessment undertaken by the planning authority to which is judged to be incompatible with its neighbouring establish the capacity of the wider countryside area land use or operation or property*. containing the application site to successfully absorb development. (this wider area may be the whole or part *a development which is publicised under planning regulations of the development control zone or an ‘area of common as a potential ‘bad neighbour development’ is not necessarily a landscape character’ containing the site). ‘bad neighbour’ until and unless found to be through the determination of a planning application.

Area for action (AFA) – areas which, subject to – a croft with no dwellinghouse on resource availability during the plan-period, will be the Bareland croft focus for partnership or community action. Area remits it. for these AFA’s are being worked up in the Supplementary Information and Guidance report; these Biodiversity – the number, range, relationships and area remits may include investment and funding well-being of species within a given ecosystem – packages, land assembly and asset management sometimes referred to as the “variety of life” (see also programmes, development and redevelopment local biodiversity action plan). proposals, infrastructure provision, and environmental enhancement proposals. Depending on circumstances, Biomass – the volume of biological material which AFA’s may coincide with other categories of sites such can be a source of renewable energy eg. from forest as potential development areas. waste or from specialised fuel crops.

Areas of archaeological importance – an Brownfield development – development on area identified by study in consultation with Historic brownfield sites. Scotland and/or the West of Scotland Archaeology Service, which contains or is likely to contain sites, monuments or features of archaeological significance.

Glossary i Brownfield sites – sites comprising land which framework plan can be proposed by local plans or may has previously been developed. The term may emerge through an allied partnership process. encompass vacant or derelict land, infill sites, land occupied by redundant or unused buildings, and Community – a recognisable social group which developed land within the settlement boundary* where may be joined in a community by reason of local further intensification of use is considered acceptable. geographical proximity ie. a local community or by reason of a joint interest ie. a community of interest. *in addition to brownfield land, the settlements can include land which has not previously been developed such as infill – areas proposed by Local and rounding-off land on the settlement periphery within the Conservation areas settlement boundary. Plans or through a parallel process; they have a statutory basis (currently in the Planning (Listed Building and Conservation Areas) (Scotland) Act 1977) Building alterations – alterations to the physical as areas of special architectural or historic interest and structure or fabric of a building which do not constitute a containing key features which it is desirable to building extension or redevelopment of the building. conserve, sustain and enhance; a heightened value can

be placed on a conservation area by Historic Scotland Building extension – the physical enlargement of conferring ‘outstanding’ status; an existing, non-ruinous and coherent building with up to a doubling of the existing cubic volume (note – a Funding may be attracted to conservation area greater increase is treated as either a “redevelopment” enhancement schemes. or “new building development”). ‘Cordon sanitaire’ – an area emerging through a Built heritage resources – man-made statutory or operational process as a safeguarding zone buildings, engineering works, structures, artefacts and (eg. a health and safety zone or the subject of a archaeological remains valued for their heritage ‘planning agreement’ or planning permission conditions) significance eg. for their historical, cultural, social, and imposing restrictions on land use and development scientific, aesthetic and conservation interests. with regard to public health, public safety or bad neighbour impact issues.

Capacity – volume, density, energy or penetration – a policy area within the main based limits or constraints on systems and activities; Core retail area can include productive capacity, energy output or town centres where non-retail development is restricted distributive capacity, infrastructural capacity, in the interests of sustaining the commercial integrity of development capacity, access capacity, school roll the town centres and their central shopping functions. capacity, environmental capacity and carrying-capacity. Countryside around settlements – a Carrying-capacity – the ability of an area of land development control zone which, under the Argyll and or body of water within a given ecosystem to support Bute Structure Plan and this local plan, frames the area land/water use, activity and development on a around settlements and settlement plans; within this sustainable long-term basis, whilst maintaining zone a co-ordinated and planned approach to biodiversity and the health of the ecosystem as a development is appropriate whilst allowing for small whole. scale infill, rounding-off redevelopment and change of use of buildings to take place on an appropriate basis.

Caution areas for specially protected Country parks – relatively small areas of bird species – areas where development may countryside near to towns which are managed for public impact on the flight paths and threaten specially enjoyment and established in accordance with Section protected bird species eg. geese. 48 of the Countryside (Scotland) Act 1967.

Change of use – change of use of land or building Croft – the land unit established under crofting as prescribed by current and updated planning legislation and under the jurisdiction of the Crofters legislation (including the current Town and Country Commission. Planning Use Classes (Scotland) Order 1997) and requiring planning permission when such change of use – land comprising crofts and common occurs. Crofting land croft grazings under the jurisdiction of the Crofters Commission. Coastal constraint zone – for the purposes of this plan, this is an aquaculture policy area – the market expression of the desire for corresponding to those coastal locations where the Demand initial position of the plan is to resist marine fish development including housing development. It is a farming. compound of needs and aspirations and, in the case of housing, can be satisfied either by existing housing or by new housing requiring additional land provision. Coastal framework plans – a framework plan with a multi-agency remit extending beyond planning jurisdiction and which relates to specific seaward and landward areas of coast (eg. a sealoch) and which may embrace area management agreements. A coastal ii Glossary Departure – for the purposes of this plan, a generation, transmission and use of electricity including development proposal and determination of a planning televisions and telephones. application which is not in accordance with the approved Structure Plan or adopted local plan (see also Enforcement action – the enforcement of minor departures and significant departures). current and updated ‘Town and Country Planning’ legislation and regulations including such measures as Design guidelines – a guidelines document the service of a Contravention Notice, an Enforcement relating to matters of setting, layout, design and use of Notice, a Stop Notice and the pursuance of a Court materials and which inform and guide the development interdict and the taking of direct action by the Council plan, development control decision-making and as planning authority when circumstances so justify. partnership project processes; Environment – the external surroundings which these guidelines may be proposed by local plans or as interact with localised interests; these external factors separate documents allied to the development plan as include atmospheric, surface, land, water and material considerations – see also guidelines underground surroundings.

Development – in the context of this plan, the term Environmental impact assessment – an development (unless otherwise stated) refers to assessment which is required by formal Environmental development requiring express planning permission Assessment Regulations or by the planning authority to under current and updated planning legislation whereby inform the determination of a planning application and a planning application requires to be submitted for which describes the impact of development on natural determination by the Council as planning authority or by and built heritage resources and on land use along with the First Minister eg. on appeal or ‘call in’. any other environmental impact eg. traffic impact considered relevant by the planning authority. Development control zones – the zones shown on Proposal Maps A/1 and B comprising: Established housing land supply – this will • main towns include the remaining capacity for sites under construction, sites with planning consent, sites in • small towns and villages adopted local plans and where appropriate other • minor settlements buildings and land with agreed potential for housing • countryside around settlement development. • greenbelt • rural opportunity areas European sites – Nature conservation sites • sensitive countryside designated under European Union directives. • very sensitive countryside Farm – the business and land coinciding with an Development plan – in the context of Argyll and ‘agricultural unit’. Bute, this comprises the approved Structure Plan and adopted Local plans which cover the area . Farm, croft and estate development

programmes – an informal mechanism recognised Development road action – action proposed by this plan for presenting development and land use by this plan in support of its settlement plans and proposals in support of planning applications and for proposals involving safeguarding measures, feasibility other land management purposes on agricultural, studies into options and the undertaking of crofting land and estate land (potentially also for development road schemes. ‘community trust’ land).

Ecosystem – an integrated physical and biological Flight paths – can relate to identified flight paths for system with inputs, outputs, contents and processes aircraft which will normally be safeguarded by civil which can be described within a geographic context eg. aviation safeguarding zones; can also relate to a semi-enclosed sealoch. identified flight paths of protected bird species eg. geese (see also caution area for specially protected Edge of town centre – a retail policy area bird species). adjacent main town centres. Foreshore – for the purposes of this plan, the land Effective housing land supply – the part of between the Mean Low Water Springs and Means High the established housing land supply which is free or Water Springs – see also ‘natural foreshore’. expected to be free of development constraints in the period under consideration, and will therefore be Framework plans – a multi-agency plan which available for the construction of housing. may be proposed by local plans or by partnership process relating to coastal and landward areas and Electro-magnetic fields – non-ionising addressing areas and matters which may extend radiations (ie. radiation with energies too low to ionise beyond planning jurisdiction but which deserve a matter) such as ultra-violet and visible light, radio carrying-capacity and co-ordinated management waves, micro-waves and fields which arise from the approach.

Glossary iii Greenbelt – a development control zone which planning regulations and advice put an obligation on under the Argyll and Bute Structure Plan and this local planning authorities to consult with SNH and Historic plan, comprises a substantial area of countryside Scotland on any development within listed sites. peripheral to the settlements of Cardross, Helensburgh, Rhu and Shandon; within this greenbelt pressure for Isolated coast – an area corresponding to the development is considerable and the development plan wild, remote and undeveloped coastal areas valued for policy is to resist urban expansion having regard to: the these qualities as well as for any distinctive landward or community value; settlement separation/ setting; urban seaward natural resources they may contain – this area containment; and countryside management. is coincident with the coastal sectors of the very sensitive countryside zone as identified by this plan. Greenfield development – development on greenfield sites. Isolated quality – a quality applied by this plan to a countryside or coastal area which is isolated by way Greenfield sites – these are sites which have of being essentially undeveloped, remote from less never been previously developed or used for an urban isolated territory. use, or are on land that has been brought into active or beneficial use for agriculture or forestry ie. fully restored Key environmental features – prized or vital derelict land. In the main, greenfield sites are located in features of natural or built heritage (including the Argyll and Bute countryside but can also comprise biodiversity, settlement pattern and environment vital to greenfield rounding-off and allocation sites on the human health); this plan seeks to sustain these features periphery of, but within, the boundaries of settlements. in their present or enhanced condition for at least the next 20 years (measured from the time of development Guidelines – a document containing advice which proposals) for the benefit of existing and future informs decision-making and the interpretation and generations with a focus on sustaining scarce non- application of plan-based policy or strategy; guidelines renewable resources. are to guide and do not have the prescriptive status of policy or strategy for the purposes of this plan ie. a Key settlements – the collective term for the six planning application may be refused for policy reasons main towns and five small towns and villages where the but not purely for conflict with guidelines standards Argyll and Bute Structure Plan and this local plan seeks unless such guideline standards are incorporated into to focus employment-led investment and to concentrate the policy. development opportunity.

Habitats – the space and territory containing the Large scale development – development biological systems and range of life stages and which accords with the large scale development activities of particular species of flora and fauna. categories as set out in the topic development control chapters. Health and safety zone – an area wherein under the remit of the Health and Safety Executive Listed buildings – buildings which are statutorily there are consultative arrangements and restrictions on protected (currently under the Planning (Listed development and land use having regard to the Buildings and Conservation Areas) (Scotland) Act presence of an established land use operation. 1997) as buildings of special architectural or historic interest and in relation to which it is a criminal offence Housing market areas – a geographical area to affect the appearance and characteristics without first which is relatively self-contained in terms of housing having obtained the necessary listed building consent; demand ie. a large percentage of people moving house these buildings are currently categorised as A, B and C or settling in the area will have sought a dwelling only in in descending value and have descriptive lists and that area. other information associated with them.

Inbye land – includes locally important agricultural Local biodiversity action plan – a multi- land which has been cultivated and which usually has agency action plan which is currently being led by Argyll been fenced or walled. and Bute Council with the core objective of informing, influencing and engaging with agencies, organisations, businesses, communities and individuals to support and Infill development – new development positioned sustain biodiversity in Argyll and Bute. largely between other substantial buildings and this new development being of a scale subordinate to the –refers to the combined scale of the development on either side of Local community of interest the site. planning, economic or social interests of settlements, wards or community council areas.

Inventory of gardens and designed Local nature reserves (LNRs) – areas which landscapes – a representative sample of important local Councils in conjunction with Scottish Natural historic gardens or landscapes including private Heritage can declare to reflect areas of locally important gardens, parks, policies in country estates and nature conservation or amenity value and to give botanical gardens; access to the public; the legislative basis is Section 21 of the National Parks and Access to the Countryside iv Glossary Act 1949 as amended by the Local Government Minor settlement – a small generally compact Planning (Scotland) Act 1982. settlement containing at least 6 dwellinghouses with population up to 99 on islands and 149 on the Local plan – a statutory plan which has a detailed mainland; and minor settlements constitute a area and subject basis and which sits under a strategic development control zone wherein there is a general Structure Plan. capacity to successfully absorb only small scale development. Local wildlife sites – non-statutory sites containing local wildlife interest recognised by this plan National nature reserves (NNRs) – areas of as being material to the consideration of development national or international importance for nature proposals which may affect such interests. Local conservation including some of the most important wildlife sites include: natural and semi-natural habitats in Great Britain; they are declared by SNH under the National Parks and • the sites of interest for nature conservation (SINCs) Access to the Countryside Act 1949 and the Wildlife identified in the Dumbarton District Wide local plan. and Countryside Act 1981 for the purpose of study, • other local wildlife sites identified on the Proposal research and the preservation of flora, fauna, geological Maps in this local plan. and zoological interests.

Locational need – a necessity for a proposed National park – in the Scottish and Argyll and Bute development to be located at or in close vicinity of the context, an area and organisation formed under development site; ‘necessity’ in this context means enabling national park legislation to reflect its top rank more than ‘convenience’ and should directly relate to national environmental status and embracing territory supporting the operations of a business and associated coincident with the Loch Lomond and the Trossachs land or water use or else supporting the provision of National Park within and extending beyond the vital infrastructure or else supporting a bad neighbour boundaries of Argyll and Bute. development at a location when land use conflict will not occur. – a statutory National scenic area (NSA) designation relating to areas of landscape quality Loch Lomond and the Trossachs considered to be of national value and associated with National Park – the formally designated National consultative requirements for specified development Park which includes territory within Argyll and Bute within which development having an adverse which is not covered by this local plan. environmental impact will be resisted.

Long-term – for the purposes of this plan, the period Natural foreshore – foreshore between mean beyond the local plan-period extending to the 10 year high-water and low-water springs excluding substantial period of the Argyll and Bute Structure Plan and looking areas of made up land within the original foreshore but beyond to a 20 year ‘sustainable development’ horizon. above current high water levels.

Main towns – the settlements of Campbeltown, Natural heritage resources – natural, physical Dunoon, Helensburgh, Lochgilphead, Oban and and geological system based resources valued for their Rothesay; the main towns constitute a development heritage significance and interaction with human activity control zone wherein there is a general capacity to eg. nature conservation, geological, scientific, aesthetic, successfully absorb small, medium and large scale landscape and settlement pattern interests. development. Natura 2000 sites – sites which have to be Marketable land for business and identified and protected across the European Union industry – land which should: under the 1970 EC Birds Directive and the 1992 EC Habitats and Species Directive, and which together As well as meeting business requirements, have a form a network, known as Natura 2000; these secure planning status, be serviced or serviceable European designations are mainly but not exclusively within 5 years, and be consistent with policy in based upon the existing site of special scientific interest NPPG 17: Transport and Planning (including (SSSI) system, forming a more strongly protected SPP17: Transport and Planning Maximising Parking European tier to the existing biological SSSI network. Standards) New build – the erection of new buildings which does not constitute a building extension or redevelopment. – development Medium scale development which accords with the medium scale development categories as set out in the topic development control New settlement – a settlement proposed by the chapters. local plan at a location where currently there is no settlement as defined under this plan – see also settlements. – any departure to policy or the Minor departure development plan which is not a significant departure – see also significant departure. Non-renewable resources – resources which are not renewable within timescales relevant to human aspirations eg. a mineral resource, or else, resources,

Glossary v which when impacted by development or land use particularly important to achieving the objectives of the change, cannot readily or practically be remedied or plan. regenerated within an inter-generational timescale (20 years or more) relevant to this plan eg. an unfortunate Private accesses – for the purposes of this plan, development impact on the landscape may have to these are accesses, existing and proposed, which have persist for many years affecting the inheritance of future not or are not intended to have a public right of access generations. and which do not constitute a ‘road’ as defined under the Roads (Scotland) Act 1984. Non-scheduled monuments – monuments which do not have the benefit of statutory protection; Private roads – for the purposes of this plan, these these monuments may have significant value or else, are ‘roads’ as defined under the Roads (Scotland) Act value which has yet to be determined, recorded and 1984 and which have not been adopted as public placed. roads.

Open country development – development Public roads – for the purposes of this plan, these which is not located within a settlement and does not are ‘roads’ as defined under the Roads (Scotland) Act constitute infill, rounding-off redevelopment or change 1984 and which have been adopted as public roads. of use of an existing building.

Ramsar sites – these are wetland of world-wide – a quality applied by this Panoramic quality importance, particularly these containing large numbers Plan to areas where there are extensive, largely of waterfowl; the Ramsar Convention on Wetlands of unbroken, individual or series of views which look out International Importance Especially As Waterfowl on to a large extended picture or scene; the panoramic Habitats was ratified by Government in 1976 and this view or views may be rolled-out before spectators a promotes the wise use of wetlands and requires them segment at a time so to appear as a continuous and to be protected from damage or pollution. highly valued general outlook.

Redevelopment – a development of new buildings – when this term is used on it’s own, it refers to Plan involving significant demolitions; the Argyll and Bute Local Plan. or the extension of a building involving more than a Planning gain – usually refers to when, in doubling of the cubic volume of the building but not association with particular development proposals, exceeding three times the cubic volume (less than a there are benefits of a monetary, economic, social, doubling being treated as a building extension and environmental, transport, access or land use nature. more than a trebling, as new build).

Policies – for the purposes of the development plan, Ribbon development – for the purposes of this these are the development control policies of the plan, a line of at least six separate dwellings or other Structure Plan and local plans. substantial buildings, one plot deep back from, and with curtilages bordering, a road. Policy areas – areas to which specific development plan policies apply – see the proposal map folders. Roads – accesses over which there is a public right of way and as defined currently in the Roads (Scotland) Potential development areas (PDAs) – Act 1984. these are broad areas identified by this plan in the Proposal Maps . They are mainly, but not exclusively Road signposting – signs within and with the on the edge of settlements and constitute land within authority to be within the boundaries of ‘roads’ as which opportunities may emerge during the plan- period defined in the Roads (Scotland) Act 1984. for infill, rounding-off, redevelopment or new development. Such opportunities are not currently fully Rounding-off development – new resolved and issues may require to be overcome in development positioned largely between substantial terms of the ‘area remit’ accompanying these PDA’s building(s) on one side and a substantial ground or before development opportunities within the PDA area natural feature on the other side and arranged such that can be realised and be supported by this plan. A PDA the local pattern of development terminates at this may include a number of identifiable development sites. point.

- see also ‘priority potential development areas’. Rural opportunity areas – a development control zone which under the Argyll and Bute Structure – for the Presumption in favour zone Plan and this local plan corresponds to areas wherein, purposes of this plan, this is an aquaculture policy area there is a general capacity to successfully absorb small corresponding to coastal locations where the initial scale development including development in the open position of the plan is to support the principal of marine countryside. fish farming.

Safeguarding zones – for the purposes of this – Priority potential development areas plan, this includes health and safety zones, ‘cordon potential development areas, the delivery of which is sanitaires’ and other safeguarding zones to which vi Glossary consultative arrangements and restrictions or conditions special interest of the site from change or deterioration; on development and land use may apply. these areas are special because of their marine conservation and wildlife importance and the nature Scheduled ancient monuments – these are conservation value of the plants, animals or habitats as monuments protected by statute where within the well as any rock formations and can include rivers, scheduled area, development requiring planning freshwater and inter-tidal areas as far as the low water permission is subordinated to scheduled monument mark; SSSI status does not change the use of the land consent legislation. but the Council, owners and occupiers must consult with SNH on any developments or activities which may affect the site. Semi-wilderness quality – a quality applied by this plan to relatively extensive areas, landscapes and – development coastscapes which have a wild and largely uninhabited Small scale development character; this semi-wilderness character does not which accords with the small scale development need to have a genuine ‘ wilderness’ history (ie. largely categories as set out in the topic development control uninfluenced by man), but rather can display an chapters. appearance of wilderness as a key feature within a recognisable area. Small towns and villages – the 43 small towns and villages shown in Table DC 2 (generally with Sensitive countryside – a development control population over 150 on the mainland and over 100 on zone which, under the Argyll and Structure Plan and the islands but not exceeding 3000). this local plan, comprises countryside and mainly undeveloped coast intermediate between, on the one Special areas of conservation (SACs) – hand the very sensitive countryside and, on the other areas designated by Government to accord with the EC hand the rural opportunity areas and countryside Directive on the Conservation of Natural Habitats and of around settlements; within this zone there is a general Wild Fauna and Flora and to safeguard rare and capacity to successfully accommodate small scale threatened species and habitats listed in the Directive; development on infill, rounding-off and redevelopment terrestrial SACs are normally, but not exclusively, but only limited capacity for open countryside SSSIs which together with SPAs form the Natura 2000 development. network.

Settlements – in general terms means areas where Special built environment areas (SBEAs) people have settled. For the specific purposes of this – these are areas which do not have the presence, plan the term settlement applies to the main towns; continuity or quality of ‘conservation areas’ but, which small towns and villages; and minor settlements and exhibit special built and land form characteristics which these settlements constitute three categories of should be safeguarded and promoted when considering development control zone. development potential and proposals.

Settlement boundary – the boundary between Special needs – the term which can be applied to the settlement and its countryside around settlement or ‘special needs housing’ eg. sheltered housing and to greenbelt zone. designing for ‘special needs’ eg. these with special mobility requirements. Settlement pattern – the spatial distribution of buildings and dwellings and related land use which Special protection areas (SPAs) – areas constitutes part of the visible evidence of the socio- designated by Government to comply with the EC economic history and activity in a given area and which Directive on the Conservation of Wild Birds 1989; currently is likely to contribute positively to the quality of including land and marine areas within which special the landscape and wider natural and built heritage; measures are required to protect wild birds and their habitats particularly rare or vulnerable species listed in Note: prized elements of a settlement pattern may be the Directive and regularly occurring migratory species; sufficiently highly valued to be considered as key terrestrial SPAs are normally SSSIs. environmental features.

Structure Plan – the strategic tier of the –development which is Significant departure development plan which establishes the framework for not in accord with the development plan and which is the local plan (s) – the current Structure Plan for the large scale or judged by the planning authority to have whole of the Argyll and Bute territory is the Argyll and a significant adverse impact on a natural heritage or Bute Structure Plan approved November 2002. historic environment resource of national significance.

Subject plan – a specialised local plan relating to – a Sites of archaeological importance particular subject matter which may apply across the site which is identified of being of high archaeological whole of Argyll and Bute or else to a particular location. value but does not currently enjoy statutory protection. Note: the only current statutory Subject Plan applying to Sites of special scientific interest (SSSI) Argyll and Bute territory is the Loch Lomond Local – for the purposes of this plan these are sites which are (Subject) Plan 1986. designated by Scottish Natural Heritage (SNH) under the provisions of the Wildlife and Countryside Act 1981 and in accordance with specific guidelines to protect the

Glossary vii Sustainable – being capable of enduring, lasting Plan and this local plan comprises countryside and out, being given strength to, of being encouraged, of isolated coast which has extremely limited capacity to being kept from failing; this embraces more than successfully absorb development; only limited protection and includes, when appropriate, the categories of natural resource based development is promotion, exploitation, enhancement and addition of supported in these areas. value to that which is to be sustained. Wide community of interest – refers to Sustainable development – the Scottish interests which may extend beyond the local level to the Executive adheres to the Brandtland definition of wider planning area or market area or Council’s sustainable development, ie. “development that meets administrative area or which support regional or the needs of the present without compromising the national interests. ability of future generations to meet their own needs”. This principle is applied by this plan by way of: Windfall development – for the purposes of this plan, constitutes development which is not part of a • the settlement plans which have a short- and long- formal allocation or potential development area but term framework. which can be approved having regard to the • the development control zones which are largely development control policies in this plan. founded on general development capacities. • ‘area capacity assessments’ in response to development proposals in the countryside. Wind farm – for the purpose of this plan, a • the ‘win/win’, ‘biodiversity maintenance’, development comprising four or more wind turbines on ‘precautionary’ and ‘polluter pays’ principles. one site. • the ‘sustainable development test’ under policy 1 which should be used to resolve difficult or World heritage sites (WHSs) – areas with marginal cases. international recognition and of outstanding natural or • proposals and recommendations to monitor cultural value and can include exceptional examples of success in achieving: outstanding natural habitats, historic environment or superlative natural features; such sites are listed by the - sustainable economies World Heritage Committee of UNESCO under the - sustainable communities Convention of World Cultural and Natural Heritage - sustainable environments adopted in 1972. this monitoring to be undertaken with reference to sustainability indicators which require definition and to be worked up in partnership processes.

• a supportive approach in the plan to encouraging appropriate and sustainable forms of renewable energy, waste management and transport in Argyll and Bute.

Town centres – for the purposes of this Plan this corresponds to the town centres shown on Proposals Map C for the six main towns and the four small towns of Argyll and Bute; these being town centres defined mainly for retail policy purposes.

Traffic management action – action proposed by this plan in support of its settlement plans and development proposals involving the management of traffic and access in relation to land use.

Urban bad neighbour development – development which is essentially incompatible with an urban location due to bad neighbour or public health or public safety consequences which will most likely follow from locating within the closely configured land use of urban areas.

Very sensitive areas – for the purposes of this plan, this is a wind farm policy area which has been identified through sieving constraints and opportunities for development and activity and which corresponds to the area with the least capacity to accept such development and activity.

Very sensitive countryside – a development control zone which under the Argyll and Bute Structure viii Glossary