Bute and Cowal Area Committee : Planning Reports

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BUTE AND COWAL AREA COMMITTEE : PLANNING REPORTS

COMMITTEE DATE: 2’ldMarch 1999

~~~~ Application Uescription Location Reference

~~ 98/0 1879/CO I Mr & Mrs Conversion of office to cafh‘icc 172 Argyll Slrcct, Curnyn, cream parlour Durioon 99/00 125/DE1 Mrs McCleod Erection of extension 2 Ash Gardens, Dunoon Beornwood Ltd Conversion of house Knockdow House, to hotel Toward Beornwood Ltd Listed Building Knockdow House, Conversion of housc Toward to hotel Beornwood I.td Ercction of new leisure L,and at Knockdow facility House, Toward 99/0002/LIR Beorwood Ltd Listed Building: Land at Knockdow Erection of new leisure House, facility Toward 98/0 1647/OU1 Beorwood Ltd Erection of self Land at Knockdow catering House, accommodation in Toward courtyard & parking Y X/O 1732lDET Rothesay & Ercction of pipe band Recreation Ground, District Pipe practice hall High Strect, Rothesay. Band (Continued application to follow) 98/01793/COL William P C.O. U & Extension to “Seaside”, Price bakery to form dwelling, Tighnabruiach. partial demolition & alterations 98/01 692lOU7 Mararnarine Ltd Use of agricultural land for boat Rhubaan Boatyard, Tighnabruiach. storage 98/0 1604lDET Mr. R. Hood Erection of dwelling “Schiehallion”, Ascog, Isle of Bute 98/@924/DEI’ Portavadie Lcisure Ltd Holiday Village Polphail Village, Portavadie: Terms of Section 75 Agreement. Ddemtcd List

Protected Tree:

Enforcement Audit

P.O’Sullivan 16th February 1999

Local Member - Councillor J.AHison Date of Validity - 21 December 1998

1 1 IhFebruary 1999

Reference Number: 98/01879/COU Applicants Name: Mr & Mrs Curnyn Application Type: Change of Use Application Description: Conversion of Off ice Into Cafeilce cream Parlour Location: 172 Argyll Street, Dunoon.

(A) SUMMARY

The operation of this premises as a cafei'ice cream parlour subject to suitable ducting on its rear elevation to remove potential concerns regarding smell is acceptable and is not in conflict with the provisions of POL COM 5 of the Cowal Local Plan. It is recommended that permission is Granted subject to conditions.

(B ) POLICY CONSIDERATIONS

The proposal requires to be assessed in terms of the provisions of POL COM 5 whereby the Council will oppose potential "bad neighbour" uses when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land.

The proposal is considered to be acceptable and is not contrary to the provisions of POL COM 5 of the Cawal Local Plan.

(C ) CONSULTATIONS

I. West of Scotland Water (Sewerage) (letter dared 8Ih January 1999) : No objections.

II. West of Scotland Water (letter dated 19" January 1999) : No objections.

Ill. Area Engineer (Highways) (memo dated 13'h January 1999) : No objections.

IV. Public Protection Unit (memo dated 20thJanuary 1999) : No objections subject to the provision of suitable ducting arrangements to address potential concerns relative to smell.

(D ) PUBLICITY

The proposals have been advertised under the provisions of Article 9 & Section 34 (Vacant Land & Bad Neighbour - closing date ShMarch 1999). One letter of representation has been received from Mr Gerardo, Ferri Fish Bar, 32 Church Street, Dunoon (undated letter llthJanuary 1999) in which the following concerns were raised:

i) The objector was not notified of the proposed development.

Comment: Neighbour notification was undertaken in accordance with Article 8 Procedures, however as the objectors property is sited more than 4 metres from the application site there was no requirement for the property to be notified. ,I

ii) The sale of cigarettes, chocolate etc will take away a significant proportion of the objectors trade.

Comment: Planning does not seek to and should not be used to stifle competition and this is not considered to be a relevant planning consideration in this instance.

(E) ASSESSMENT

Develooment Reauirina ExDress Plannina Permission.

rn Conversion of a betting shop (Class 2 - Financial Professional & Other Services) into a Cafe/ice cream parlour (Class 3 - Food & Drink).

Installation of flue duct on rear elevation.

Other Swcified Operations

I Internal alterations to the property.

rn Connection to public sewer.

rn Connection to public water supply.

ADDlicants SupDortino Information

No supporting claim has been made by the applicant in support of the proposal.

Material Considerations

The proposal entaits the conversion of a former betting shop (Class 2 - Financial Professional & Other Services) into a cafe/ice cream parlour (Class 3 - Food & Drink). There will be no consumption of hot food outwith the premises and the proposal is not for a carry out or take away.

The premises are situated on the corner of Argyll Street and Church Street in an area of mixed retail and commercial uses with residential flats sited above. No external alterations are proposed with the exception of the flue duct on the rear elevation of the building, with the majority of the works entailing modifications to the internal layout.

Although it is proposed that the premises will operate as a cafelice cream parlour which in itself is unlikely to generate significant cooking smells, should permission be granted to allow it to operate as a Class 3 facilrty this will allow it to open as a restaurant providing any type of food. It is therefore necessary that potential concerns regarding smell etc should be fully addressed at this juncture.

The operation of the premises as a cafe/ice cream parlour (class 3) constitutes a potential ‘bad neighbour’ which requires to be assessed against the provisions of POL COM 5 of the Local Plan whereby the Council will resist or oppose such developments when it is considered that they are likely to have a detrimental effect upon adjoining residential properties.

The determining factor in this assessment is whether the operation of this premises as a caf4/ice cream parlour will result in smell and disturbance to the detriment of adjoining residential units.

I \WORD\DE~UNIAPPS96lE~TlE0083%0lrt79-Wfl CURNYN CAFE ICE CREAM PARLOUR 172 AUGYLL STREET OUNOON DOt 704 ,.

It is proposed to install a flue duct upon the rear elevation of the building which will run along its gable to above the eaves height of the building, The Public Protection Unit have advised that subject to the provision of this ventilating arrangement that the proposal is acceptable and will not give rise to concerns regarding smell etc. In light of this it is considered that the proposal will not constitute a “bad neighbour” and will not conflict with Pot COM 5 of the Cowal Local Plan subject to the imposition of a appropriate conditions.

It is considered that the proposal is acceptable and gives rise to no privacy and amenity concerns which cannot be adequately addressed via the imposition of conditions.

(F ) RECOMMENDATION

It is recommended that Planning Permission be Granted Subiect to no further representations being received which raise new issues and that the application be remitted to the Chairman, Vice Chairman and Local Member for approval subject to the following conditions and reasons set out overleaf.

Head oFDevetoprnent and Building Control

“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985“.

Case Officer: D. Jones 01 369-70-8604 Senior Planning P.O’Sullivan 01369-70-8608 Officer:

I \WORD\DBQUNIAPPS 9RG€~TlW-849!0~879_WRCURNYN CAFE ICE CREAM PARLOUR I72 ARGYLL STREET UUWNOOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01879/COU

CONDlTlO NS

1. Standard.

2, The proposed flue duct shall be fully installed and operational to the complete satisfaction of the Public Protection Unit in consultation with the Planning Authority prior to the premises coming into first operation.

REASONS

1. Standard.

2. In order to avoid the potential for smell and disturbance to adjoining residential properties.

I.\WOflD\OBQUNIAPPS.9810071~mO!0i9_WR CURNYN CAFE ICE CREAM PARLOUR 172 ARGYLL STREET DUNOON WC NOTE TO APPLICANT

The permission granted (98/01879/COU)relates to the consumption of food and drink, including any hot food, on the premises. A separate planning application would be necessary should the sale of hot food for consumption off the premises be envisaged wbich if duly submitted would be determined on its planning merits.

I.\WORD\DBCIUNlAPPS,9~D~T!~.~P,O!a~~WRCURNYN CAFE ICE CREAM PARLOUR g72 ARGYLL STREET OUNOOHSlOC 707 Local Member - Councillor McTaggart Date of Validity - 261h January 1999

1 IthFebruary I999

Reference Number: 99/00125/DET Applicants Name: Mr MacLeod Application Type: Detailed Application Description: Erection of Extension Location: 2 Ash Gardens, Hunter Street, Dunoon.

(A) SUMMARY

The proposed replacement of a conservatory with a single storey extension of a design and finish to compliment the existing dwellinghouse is acceptable and gives rise to no land use or privacy and amenity concerns. It is recommended that permission is Granted.

POLICY CONSIQERATIONS

Desian Guide Extension and alterations to Existina Buildinas 15'h Mav 1985

"The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the exiting building. The extension should not dominate. It is thus vital to consider carefully the character of the existing building before designing any new work, and the extension should ideally reflect its style and proportions.""

The proposed development accords with the principles of the Design Guide.

SITE HlSTORY

Ref 01-92-0147 Outline permission was Granted in June 1992 for the erection of seven houses within the site.

Ref 01-93-0143 Reserved Matters Permission was Granted on the 31'' March 1993 for the erection of a dwellinghouse within one of the plots. This dwellinghouse has now been completed and is the subject of the current application.

The applicants wife is a Senior Officer of the Council.

PU€3 LlClTY

Neighbour Notification was undertaken in accordance with Article 9 Procedures (closing date gth February 1999). No representations were received.

ASSESSMENT

Develoornent Reauirina Express Plannina Permission.

Erection of single storey extension on rear elevation of modern bungalow.

Other Snecified Owrations

E Removal of existing monopitched conservatory on rear elevation.

I \WORD\DEC.UNIAPPS Y9!OQIOa194\W125_WP. MCLEOD EXTENSION2 ASH GARDENS DUNOON DOC Matertal Considerations ,d

The proposal entails the erection of a single storey gable ended extension on the rear elevation of a modern bungalow. The extension will replace the existing monopitched timber conservatory and is within one metre of the boundary. Given that the proposed extension has a reduced level of fenestration within it than the conservatory it replaces it is not considered that the proposal will give rise to any privacy and amenity concerns beyond those currently experienced. The design and finish of the proposed extension is in keeping with the remainder of the dwellinghouse and accords with the principles of the Design Guide.

It is considered that the proposal is acceptable and gives rise to no land use or privacy and amenrty concerns.

(F ) RECOMMENDATION

It is recommended that planning permission is Granted subject to the standard condition and reason.

He% of Development and Building Control

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985':

Case Officer: D. Jones 01 369-70-8604 Senior Planning P.O'Sullivan 0 1369-70-8608 Officer:

I.\WORD\DBC\UNIAPPS 99\CGI0d-l99\D0125_WR MCLEOD EXTENSION 2 ASH G4RDENS OUNWN Doc

Local Member - Councillor R.Walsh Date of Validity - 1 4Ih October 1998 1 8Ih February 1999

Reference Number: 98/01 469/DET Applicants Name: Beornwood Limited Application Type: Detailed Application Description: Conversion of House to Hotel and Conversion ofAncillary Courtyard Buildings to Hotel Accommodation, Erection of Orangery, Formation of Access and Car Parking, Installation of Private Sewerage System. Location : Knockdow House, Toward, Argyll

(A) SUMMARY

The principle of the proposal is to be welcomed in that it represents a considerable investment within the South Cowal area and Knockdow Estate which will result in the preservation and enhancement of Knockdow House and will create an estimated 20 jobs. It is considered that the design, scale and finish of the proposed development is to a particuiarly high standard and will not serve to detract from the quality and setting of Knockdow House subject to the imposition of appropriate conditions. The outstanding issue relates to the upgrading of the local road network in recognition of the scale of development proposed and which will result in the provision of an additional two passing places and improvements to the corner at Auchafour Farm. Should this element be addressed through the conclusion of a Section 75 Agreement it is recommended that planning permission be Granted. It should be noted that one Section 75 Agreement would cover all the appropriate planning applications.

(6 ) POLICY CONSIDERATIONS The site is situated within a Regional Scenic Area as defined under POL RUR 1 of the Cowal Local Plan and as such the proposal requires to be assessed in terms of its environmental impact , locational operational need, economic benefit and servicing and infrastructure implications.

Under POL COM 5 the Council will oppose potential 'bad neighbour' developments when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land.

Under POL TOUR 3 the Council will support new hotel developments when they form part of larger tourism and leisure schemes.

Knockdow House is a Category B Listed Building and as such under the provisions of POL BE1 the Council will encourage the provision of new works or uses which will result in the preservation and positive enhancement of such buildings.

The proposal accords with local plan policies.

(C ) ADDITIONAL APPLICATIONS

There are currently a number of planning and Listed Building applications before members for consideration, all of which are by the same applicant and which relate to Knockdow House and its i m med iat e s u rrou ndings.

Ref 98/01 509;'LlB Listed Building application for the same development is currently under consideration by Members.

Ref 98/01647iOUT Outline application for a new Courtyard for Self Catering Accommodation at the rear of the existing Courtyard to the north of Knockdow House.

Fief 981018211DET Detailed application for the erection of an extension at Knockdow House for the provision of a leisure facility.

Ref 99100002/L16 Listed Building application for the erection of an extension at Knockdow House for the provision of a leisure facility. 712 CONSULTATIONS

1. Pubfic Protection Unit ( Memo dated 12 November 1998) : No objections subject to the submission of a Hydrologists Report.

2. West of Scotland Water (Sewerage) (letter dated 3 November 1998) : No objections.

3. West of Scotland Water (letter dated 4 November 1998) : No objections

4. Garden History Society (letter dated 23 November 1998) : No objections but they request that the felling of trees to accommodate the development be minimised and that selective replanting be undertaken.

5. SEPA (letter dated 14 September 1998) : No objections.

6. Area Engineer (letter dated 12 November 1998) : No objections subject to infrastructure improvements to the public road, due to the increased traffic generated by the current application and the associated planning application as outlined under Section C above. These improvements should include widening the bend north of Auchafour Farm and the provision of passing places along the single track section between Knockdow and Toward Castle in accordance with development guidelines 5.7.6 along with improved signage at Knockdow Bridge.

PUBLICITY

The proposals have been advertised under the provisions of Article 18 and Section 34 (Potential Departure and "Bad Neighbour" - Closing 20" November 1998). No representations have been received to date. ,. .

ASSESSMENT

DeveloDment Reuuirinq ExDress Planninq Permission.

Conversion of House (Class 9) into a 15 bedroom Hotel (Class 7).

Erection of single story Orangery extension on western elevation to accommodate restaurant.

Conversion of existing courtyard development to accommodate 15 bedroomed ancillary holiday accommodation (Class 7) and re-rendering and re-roofing of courtyard development.

Formation of two new car parks to the rear of Knockdow House and Courtyard which will accommodate 45 cars in total.

Installation of new private drainage system.

Other SDecified Oaerations

New landscaping and indigenous planting.

Alteration to and re-routing of existing driveway.

Connection to private water supply. a Internal aiterations within Knockdow House 713

Apolicants Sumortinq Information

This application, along with the other submissions, as outlined under Section C above, comprises a coniprehensive redevelopment of Knockdow House and Estate by the applicant for the establishment of a HoteIiLeisure facility which represents an overall investment of f2.1 million within the area which it is estimated will create a minimum of 35 jobs. This current application represents the first phase of this development and which will create 20 jobs.

Phase 1 : Conversion of Knockdow House into hotel and erection of Orangery.

Phase 2: Conversion of existing courtyard into anciliary self catering holiday accommodation and provision of leisure facility.

Phase 3: Construction of proposed new courtyard for self catering hotel accommodation

Material Considerations

The proposal entails the conversion of Knockdow House which is a Category 8 Listed 8uilding which in recent times has been kept as a private residential property. The proposal entails the conversion of Knockdow House into a 15 bedroom hotel with a restaurant provided on the western elevation in the form of an Orangery. The existing courtyard development to the rear is to be converted into 15 self catering holiday units which will be ancillary to the main function of the hotel itself. Two car parks are also to be provided along with the installalion of a new sewerage treatment plant.

Proposed Conversion of Hotel and Oransery Extension

The conversion of the house itself and the restoration of the courtyard IS being done in a sympathetic manner and to a particularly high standard which serves to retain and complement the character and nature of the original building. There will be little external change to Knockdow House itself. with the exception of the Orangery extension, with the majority of the work being internal modifications to allow the building to be utilised as a hotel. One of the principle characteristics of Knockdow House IS its interior and care has been taken to retain and protect these aspects.

The Orangery extension is to be sited on the western elevation of the building and will be single storey with a hipped roof. The roof is to be finished in part in natural slate with the remainder finished in natural glass with the walls finished in a natural stone and haarling. The Orangery has been designed to extends around a tree adjoining the site allowing this to be retained in order that it forms a focal point from within the extension. The design and finish of the Orangery is particularly imaginative and to a high standard which serves to complement the setting and character of Knockdow House itself and is not in confiict with the provisions of POL BE 1 of the Cowal Local Plan.

ProDosed Refurbishment & Conversion of Courtyard

The existing courtyard is sited some 60 metres to the rear of Knockdow House itself and is not listed. The courtyard is composed of three single storey blocks with the remaining block being two storey. All the buildings are finished in stone with a natural slate roof and timber windows. It is proposed to convert the existing buildings in a sympathetic manner into 15 self catering holiday units. The existing two storey building will become two and a half storey through the installation of pitched dormers in its roof otherwise the majority of the external works will entail the creation of new window openings and doorways. The walls and roofs shall be retained in natural stone and slate although some wet dash rendering and timber will be used for detailing on certain elements.

These units are intended for use as anciliary holiday accommodation which will be tied to the operation of the hotel. Although they are self contained it is not considered given the density of development and lack of suitable curtilage area that they would be suitable of being used for permanent residential occupation. In light of the above it is considered that the proposed conversion of the outbuildings in the format,, suggested for self catering hotel accommodation is only acceptable subject to the conclusion of a Section 75 Agreement to safeguard against their use for permanent residential accommodation.

“Bad Neiqhbour” Assessment

The operation of the building as a hotel constitutes a potential ‘bad neighbour which requires to be assessed against the provisions of POL COM 5 of the Cowal Local Plan whereby the Council will resist or oppose such developments when it Is considered that they are likely to have a detrimental effect upon adjoining residential properties.

Knockdow House is an isolated building with the nearest dwellinghouses being in excess of 300 metres from it. The principle of the conversion of the main house into a hotel and restaurant does not give rise to any privacy and amenity concerns regarding noise or disturbance. It is considered that the operation of this facility will not be in conflict with the provisions of POL CUM 5 of the Cowal Local Plan. The Public Protection Unit have reinforced this view and advised that they have no objections to the proposal.

Road Safetv Issues

The principle concern associated with the development is in relation to the issue of improvements to the public road network in recognition of the increased traffic levels that will be generated as a consequence of all of the proposed developments as outlined under Section C above. The Area Engineer has advised that improvements are required between Castle Toward and Knockdow House which include a total of 4 additional passing places along with improvements to the corner at Auchafour Farm and improved signage at Knockdow Bridge.

This has formed the basis of recent discussions between the applicanVArea Engineer (Highways) and this department. Following negotiations the applicant has agree to fund these improvements in a phased and proportionate manner relative to the scale of development proposed. It will therefore be necessary to provide two passing places and undertake access improvements to the corner at Auchafour farm prior to the conversion of the house into the hotel. The two other passing places requested will either be provided prior to the proposed leisure facility (rei 98/0182f/DET) coming into operation or to the occupation of the first of units in the rear courtyard whichever is undertaken first.

This element will require to be safeguarded through the provision of a Section 75 Agreement with planning permission only being granted wIth the conclusion of the said agreement. The applicants agent in a letter dated 1 2Ih February 1999 has confirmed his clients agreement to these works and the proposed timetable.

Car Parking

It is intended to provide a 33 space car park to the north west of Knockdow House and another 12 space car park to the rear of the existing courtyard. Neither car park by virtue of their location and presence of the existing vegetation will be visible to public view, although a condition in respect of surfacing would be a pre-requisite.

Water & Sewerage Provision

The Public Protection Unit have advised that in view of the scale of development proposed it will be necessary to demonstrate the quality and adequacy of the proposed water supply through the submission of a hydrologists report.

SEPA have advised that it will be necessary for a total soakaway to be provided to deal with the backwash discharge from the proposed swimming pool.

Both of the above elements will be addressed through the imposition of appropriate conditions

The site is situated within a Regional Scenic Area as defined under POL RUR 1 of the Cowal Local Plan and as such the proposal requires to be assessed against the following criteria I. Locational/Operational Need

Although there is no specific operational need there is a clear linkage between the form and function of the proposed development and the existing Knockdow Estate.

II. Economic Benefit

The proposal represents a considerable investment within the local economy and the applicants have intimated that the proposal will result in the provision of 20 jobs though this may rise to 35 jobs through the implementation of the other developments. There is also likely to be an indirect benefit to the local economy through the development.

Ill. Environmental impact

The proposed works are largely to existing buildings and any new build is in the form of extensions on adjacent ground which it is not considered will not adversely affect the landscape setting of this Regional Scenic Area to its detriment and is not in conflict with the provisions of POL RUJR 1 of the Cowal Local Plan.

IV. Effect on Conservation of Natural and Heritage Resources

The proposal will not have an adverse effect on the conservation of naturat and herirage resources.

V. Sterilisation of Natural Resources

None.

VI. Alternative Policies and Proposals Contained in the Local Plan

The design, scale and finish of the orangery and the associate internal modifications to allow the building to be converted are to a high standard and quality and is not in conflict with the provision of POL BE 1 of the Cowal Local Plan.

The proposal accords with the provisions of POL TOUR 3 whereby the Council seeks to encourage new hotel devetopments where they form part of larger tourism and leisure schemes.

(G ) CONCLUSION

In conclusion it is considered that the design, scale and finish of the proposal is to a particularly high standard and quality and is to be welcomed. Having regard to the above it is considered that the proposal represents a significant and positive development within the South Cowal area which will result in the preservation and enhancement of the fabric of Knockdow House and its associated outbuildings.

Furthermore the development will result in the creation of an expected 20 jobs with this proposal which may rise to 35 through the other associated developments which are currently before Members for consideration.

, WORD.Dl3C;ilNIAFPS W2C 1'ICC.JW'.:7JSY_'WR BEORNWOOD LTD XNOCKDCIV HCUSE. TCirVARC DOC (H ) RECOMMENDATION

It is recommended that upon clearance from the Secretary of Sta 2 for the associated Li: ed Building application (ref 98/01 509/LlB) ; that subiect to the conclusion of a Section 75 Agreement to ensure

i) The necessary funding to enable the provision of 2 passing places and access improvements to the corner at Auchafour Farm prior to the Knockdow House becoming into first use as a hotel, together with improved signage at Knockdow Bridge and

ii) The necessary funding for the provision of a further two passing places prior to the proposed courtyard conversion for ancillary self catering hotel accommodation coming into first use,

iii) The proposed courtyard buildings being used solely for ancillary self catering hotel accommodation and that they shatl not be occupied on a permanent residential basis nor sold independently of the Knockdow House,

that planning permission be Granted subject to the following conditions and reasons as set out on the following page.

Head of Development and Building Control

"ln reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for publjc mspection in terms of the Local Government (Access to Information) Act 1985''.

Case Officer: Dafydd Jones 01 369 708604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer:

' wGRD DQC UNIAPPb 'IS\UC'l lCQ dW0146Y_WR BEORNWOOD LTD KNOCKDOW HOUSE TOWARD DOC CONDITIONS RELATIVE TO APPLICATION 98/01469/DET

1. Standard

2. The development hereby permitted shall be constructed in strict accordance with approved plans titled 'BOI B, 8028, B03A, 31 0, 820A, CO1 B, 0226, A9795' unless the prior written consent for variation from the Planning Authority is obtained.

3. The roof of the Orangery shall be finished in natural slate and glass, full details including a sarnple(s) shall be submitted for the written approval of the Planning Authority prior to the commencement of any works.

4. A sample of the proposed stone for the Orangery shall be agreed on site by the Planning Authority prior to the commencement of any works at the Orangery.

5. A sample panel of the proposed haarling for the Orangery shall be agreed on site by the Planning Authority prior to the commencement of any works at the Orangery.

6. The existing courtyard shall be finished in natural stcne unless otherwise agreed in writing with the Planning Authority.

7. The roof of the existing courtyard development shall be finished in natural slate unless otherwise agreed in writing by the Planning Authority.

8. The windows of the proposed courtyard development shall be finished in timber with sliding sash and case movement unless otherwise agreed in writing with the Planning Authority.

9. A landscaping scheme shall be submitted to the Council as Planning Authority for the prior written approval of the pianning authority prior to the commencement of any works. This scheme shall include the age, species and location of planting. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

10. Full details of the surfacing treatment of the new driveway, car parking areas and courtyard shall be submitted to and approved by the Planning Authority prior to the commencement of any works at the proposed driveway, car parking and courtyard.

11, Prior to the commencement of any development, full details shall be submitted of an appraisal of the quality, quantity and adequacy of the private water supply to serve the development, which shall be carried out by a qualified consultant hydrologist in consultation with the Council's Public Protection Unit to the satisfaction of the Planning Authority.

12. The proposed units within the courtyard conversion shall be used solely as ancillary self catering hotel accommodation {Class 7 Hotels & Hostels) in association with the operation of Knockdow House as a hotel and shall not be used for permanent residential accommodate or sold independently of Knockdow House.

This permission 98!01469/DET is subject to a legally binding Section 75 Agreement.

I flORO1OBC'JNlAFOS WOC '14uU 11469-WA 8EORNWO00 LTD KNOCKDOVi hOUSE TC'NdHD OOL REASONS RELATJVE TO APPLICATION 98/01469/DET

1. Standard.

2. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting.

3-5 In the order to protect the character and setting of Knockdow house in accordance with the provisions of POL BE 1 of the Cowal Local Plan.

6-10. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting.

11. In the interest of public health and amenity

12. To ensure that the proposed self catering units within the courtyard shall be used as an integral part of Knockdow House's operation as a hotel, thus avoiding the potential for privacy and amenity concerns.

This permission 98101469iDET is subject to a legally binding Section 75 Agreement.

I .WORD\V011 UNIAPFI5 JWCC i;4rN-4WG:JRY-1NH WORNWOOD LID UNOCUDGW HOUSE rOWaFD no17 II Further Recommendation In Respect Of Application 98101469iDET

In the absence of the Section 75 Agreement being concluded within 4 months without good reason, it is further recommended that the application be Refused for the following reasons:

1. The proposed development would give rise to significant road safety concerns through increased vehicular movement without the proportionate and requisite improvement to the local road network through road safety improvements in the form of additional passing places and improvements to the corner at Auchafour Farm.

2. The use of the courtyard to accommodate for 15 self catering units would afford an unacceptable standard of privacy and amenity for occupiers of the structures and would impinge upon the amenity of adjacent properties to heir detriment.

I WGRC CBC UNIAFSS ¶A!3C.Tld~-J'J9.01469_WRPEOANWOOO LTC KNOCtiDOLV HOUSE TSL*rdRC DOC -_ ---__ -_ -_--_ ---

1 Local Member - Councillor Dick Walsh I. Date of Validity - 13‘h October 1998 1Sh February 1999

Reference Number: 98/01 509/LIB Applicants Name: Beornwood Limited Application Type: Listed Building Application Descriptlon: Erection of Orangery Extension and Internal Alterations Location: Knockdow House, Toward, Argyll i (A) SUMMARY

The design, scale and finish of the proposed Orangery along with the proposed internal modifications to Knockdow House are both imaginative and to a high standard. The proposal will not serve to detract from the character and setting of this Listed BuildIng and as such is not in conflict with the provisions of POL BE 1 of the Cowal Local Plan. It is recommended that Listed Building Consent be Granted subiect to Secretary of State approval.

(B ) POLICY CONSIDERATIONS

Knockdow House is a Category B Listed Suilding whereby under POL BE 1 of the Local Plan the Council will encourage development which will result in the preservation and or positive enhancement of such buildings.

The proposal accords with Local Plan Policy.

(C ) ADDITIONAL APPLICATIONS There are currently a number of planning and Listed Building applications before members for consideration, all of which are by the same applicant and which relate to Knockdow House and its immediate surroundings.

Ref 98/01469/OET Detailed application for the conversion of Knockdow House into a Hotel and the erection of an Orangery extension and conversion of courtyard for ancillary hotel use.

Ref 98/01647/0UT Outline application for a new Courtyard for Self Catering Accommodation at the rear of the existing Courtyard to the north of Knockdow House.

Ref 98/01 821/DET Detailed application for the erection of an extension at Knockdow House for the provision of a leisure facility.

Ref 99/00002/LIB Listed Building application for the erection of an extension at Knockdow House for the provision of a leisure facility.

(D ) CONSULTATIONS

I. Historic Scotland (letter dated 22ndDecember 1998) : No objections subject to modifications to some internal arrangements and to external detailing.

(E) PUBLlClTY

The proposals have been advertised under the provisions of Regulation 5 (Listed Building consent/closing dated 20fhNovember 1998). No representations were received.

I IWOHCJ\DBQUNIAPPS98\DC,T15W 593:01509_WR BEOWOODLTD KNOCKDOW HOUSE TOWAAD OOC (F ) ASSESSMENT

Development Requirina Listed Buildina Consent

W Erection of single storey Orangery extension on the western elevation to accommodate a restaurant,

W internal alterations to adapt building for hotel use.

Other Proposals

Conversion of Knockdow House from a dwellinghouse into a hotel.

Installation of new private sewerage system.

Connection to a private water supply.

Formation of two new car parks.

W Alterations to existing driveway.

I Conversion of existing courtyard to the rear of the hotel to provide ancillary hotel accommodation.

Proposed landscaping.

Applicants Supportina Information

This application, along with the other submissions, as outlined under Section C above, comprises a comprehensive redevelopment of Knockdow House and Estate by the applicant for the establishment of a HoteVLeisure facility which represents an overall investment of E2.1 million within the area which it is estimated will create 35 jobs. The associated planning application (ref 98/01469/DET) represents the first phase of this development.

Phase 1: Conversion of Knockdow House into hotel and erection of Orangery.

Phase 2: Conversion of existing courtyard into ancillary self catering holiday accommodation and erection of feisure facility.

Phase 3: Construction of proposed new courtyard for self catering hotel accommodation.

Material Conslderations

The proposal entails the conversion of Knockdow House which is a Category 8 Listed Building which in recent times has been kept as a private residential property. The proposal entails its conversion into a 15 bedroom hotel with a restaurant provided on the western elevation in the form of an Orangery.

ProDosed Conversion of Hotel and Oranclew Extension

Knockdow House is a traditional 2 and a half storey Georgian country house which has had two wings added to it at the start of the 19Ih Century. The conversion of the house itself and the restoration of the courtyard is being done in a sympathetic manner and to a particularly high standard which serves to retain and complement the character and nature of the original building. There will be little external change to Knockdow House itself, with the exception of the Orangery extension, with the majority of the work being internal alterations to allow the building to be modified to allow for its use as a hotel.

I \WORD\DBC\UNIAPPS 9~DOT15W5991,015(4_WR BEOFINWOOD LTD. KNOCKDOW HOUSE. TOWARD 0% 723

I\ One of the principle characteristics of Knockdow House is its interior and Historic Scotfand had initially sought amendments to the proposed internal arrangements. However these concerns primarily in relation to the pantry and wine cellar have now been addressed to their satisfaction and will be reflected through the use of appropriate conditions.

The Orangery extension is to be sited on the western elevation of the building and will be single storey, with a hipped roof, which will be elongated and set back from the front building line of the main house, The roof is to be finished in part in slate with the remainder finished in glass with the walls finished in a natural stone and haarling. Given the Orangery’s elongated design, primarily glazed finish and that it is set back from the main house, this ensures that there is a clear hierarchical distinction between the extension and the original house which is reflective of their form and function. The proposed Orangery ‘is considered to be of a high standard of design and finish which serves to complement the character and setting of Knockdow House itself and which is atypical of similar styled conservatories on other traditional Scottish Country Houses.

Having regard to the above it is considered that the proposed internal alterations along with the proposed Orangery extension will not serve to detract from the character and setting of Knockdow House and as such accords with the provisions of POL Bf 1 of the Cowal Local Plan.

(G ) RECOMMENDATION

It is recommend that Listed Building Consent be Granted subiect to clearance by the Secretary of afeand the imposition of the following conditions set out overleaf.

Head of Development and Building Control

“In reaching my assessment on this application, I have had regard fo the documents idenfified in brackets above which are available for public inspection in terms of the Local Guvernmeni (Access to Information) Act 1985”.

Case Officer: Dafydd Jones 01369708604 Senior Planning P.O’Sullivan 01369-70-8608 Officer:

I \WORO\DBQUNIAPPS 9RDGT1500 59bOlW-WR BEOUNWOOO LtD KNOCKOOW HOUSE TOWAAD WC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01 509/LIB I.

CONDITIONS

1. Standard.

2. The development hereby permitted shall be constructed in strict accordance with approved plans titled ‘BO1B, 8028,B03A, B10, 820A, CO1 B, C02B,A9795’ unless the prior written consent for variation from the Planning Authority is obtained.

3. Prior to the commencement of any works, full details of the revised internal modifications to the pantry and wine cellar shall be submitted to and approved by the Planning Authority in consultation with Historic Scotland.

4. The roof of the Orangery shall be finished in naturaf slate and glass, full details including a sample(s) shall be submitted for the prior written approval of the planning Authority works.

5. A sample of the proposed stone for the Orangery shall be agreed on site by the Planning Authority prior to the commencement of any works at the orangery.

6. A sample panel of the proposed haarling for the Orangery shall be agreed on site by the Planning Authority prior to the commencement of works at the orangery.

REASONS

1. Standard.

2. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting.

3-6 In the order to protect the character and setting of Knockdow house in accordance with the provisions of POL BE 1 of the Cowal Local Plan.

I \WORD\DEQUNIAPPS 9BIDCIT 15M599101504 -WREEORNWOOD LTD. KNWKDOW HOUSE, TOWARD.DOC I

Local Member - Councillor Walsh Date oi Validity - 31 December 1998

1 81h February I999

Reference Number: 98/01821/DET Applicants Name: Beornwood Ltd Application Type: Detailed Application Description: Erection of Leisure Facility Extension Location: Knockdow House, Toward.

I I I (A) SUMMARY It is considered that the design, scale and finish of the proposed leisure facility coupled with the tunnel link constitutes a particularly imaginative and attractive high quatity development which will complement the setting of Knockdow House and will not be in conflict with the provisions of the Cowal Local Plan. It IS recommended that permission is granted subject to conditions and he conclusion of a Section 75 Agreement in respect of highway issues. It should be noted that one Section 75 Agreement would cover all the appropriate planning applications.

(6 ) POtlCY CONSIDERATIONS

The site is situated within a Regional Scenic Area as defined under POL RUR 1 of the Cowal Local P!an and as such the proposal requires to be assessed against in terms of its environmental impact, locational operational need, economic benefit and servicing and infrastructure implications.

Under POL COM 5 the Council will oppose potential 'bad neighbour' developments when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land.

Under POL TOUR 3 the Council will support new hotel developments when they form part of larger tourism and leisure schemes.

Knockdow House is a Category B Listed Building and as such under the provisions of PQL BE1 the Council will encourage the provision of new works or uses which will result in the preservation and positive enhancement of such buildings.

The proposal accords with local plan policies.

(C ) SITE HISTORY

Ref 98/01 469DET Detailed application for the conversion of Knockdow House into a Hotet and the erection of an Orangery extension and conversion of courtyard for ancillary hotel use.

Ref 98101 509/LJB Listed Building application for the same development is currently under consideration by Members.

Ref 98/01 647iOUT Outline application for a new Courtyard for Self Catering Accommodation at the rear of the existing Courtyard to the north of Knockdow House.

Ref 94,'00002:LIB Listed Building application for the erection of an extension at Knockdow House for the provision of a leisure facility.

1 :WORD;DBC,UNIAPPS 4VCC Ti nth'8.d?IN>:d2'-WF. B?ORLIWUOD LESlUFlL IXTENSION KhXKDi>W *TX (D ) CONSULTATIONS

I. West of Scotland Water (Sewerage) (letter dated 1 grhJanuary 1999) : No objections.

II. Ministry of Defence (letter dated 12Ih January 1999) : No objections

Ill. Public Protection Unit (memo dated 15'h January 1999) : No objections.

IV. SEPA (letter dated 2gthJanuary 1999) : No objections subject to the backwash from the pool be dealt with via a total soakaway and not a partial soakaway.

V. West of Scotland Water (letter dated 3'dFebruary 1999) : No objections.

VI. Area Engineer (memo dated 11" January 1999) : No objections subject to infrastructure improvements to the public road, due to the increased traffic generated by the current application and the associated planning application as outlined under Section C above. These improvements should include widening the bend north of Auchafour Farm and the provision of passing places along the single track section between Knockdow and Toward Castle in accordance with development guidelines 5.7.6 along with improved signage at Knockdow Bridge.

(E ) PUBLICITY

The proposal has been advertised under the provisions of the Article 18 and Section 34 (Potential Departure & Bad Neighbour - closing date 8'' January 1999). One letter of representation had been received from South Cowal Community Council (letter dated February 1999) in which the following concerns were raised:

i) It is unclear whether the building has been designed for people with mobility problems particularly with regard to the access to the first floor and to the tunnel between the Orangery and leisure facility.

Comment : The building has been designed to accommodate people with disabilities but is an aspect which is legislated for through the processing of the Building Warrant.

ii) The projected traffic figures may be misleading given that the level of car parking proposed.

Comment : The issue of projected traffic levels is addressed in the Assessment, but the car parking provided is in accordance with the recommended guidance for a building of this size and function.

iii) The existing road to Knockdow has a poor bend on it at Auchafour which should be addressed.

Comment : See Assessment.

(F ) ASSESSMENT

Development Reauirinq Express Planninq Permission.

W Erection of single storey leisure facility containing pool, spa, sauna, gymnasium and bar.

Formation of tunnel link with Orangery extension.

U Proposed extension to proposed car park to provide an additional 19 car parking spaces. 128

Other Specified Operations

B Connectiorr to private water supply.

m Connection to proposed private sewerage system.

Proposed landscaping

ADDliCantS SupDortina Information

This application, along with the other submissions, as outlined under Section C above, comprises a comprehensive redevelopment of Knockdow House and Estate by the applicant for the establishment of a HoteVLeisure facility which represents an overall investment of f2.1 million within the area which it is estimated will create a minimum of 35 jobs. This current application represents the second phase of this development and which in itself will provide 10 jobs.

Phase 1 : Conversion of Knockdow House into hotel and erection of Orangery.

Phase 2: Conversion of existing courtyard into ancillary self catering holiday accommodation and erection of leisure facility.

Phase 3: Construction of proposed new courtyard for self catering hotel accommodation.

Material Considerations

The proposal entails the erection of an extension onto Knockdow House which is a Category B Listed Building to accommodate a leisure facility which will contain a pool, sauna, spa and bar which is to be provided in conjunction with the proposed hotel. The extension will be sited on the western elevation beyond the access road and will be connected to the proposed Orangery (which is the subject of separate applications 98/01 469iDET I% 98/015009/LIB currently before Members) by an underground tunnel.

The leisure facility is to be a single storey, elongated building with a glazed pitch roof, with the walls finished in natural stone and haarling with a large proportion of wall set aside as French Doors. It is intended that the design and finish of the leisure facility should complement that of the proposed Orangery (ref 98/01469/DET). The building is to be sited to the west of the main house and beyond the driveway to the rear of some existing vegetation. The leisure facility will be set back some 16 metres from the front building line of Knockdow House, and 12 metres from the proposed Orangery and a total of 30 metres from Knockdow House itself. By virtue of the fact that the buildings are connected by an underground tunnel they will at surface level appear as two separate buildings.

One of the principle concerns in providing a leisure extension of this scale with all of the associated facilities was to ensure that it did not detract or overwhelm the character of Knockdow House . Had the proposal been to attach the leisure facility to the proposed Orangery in a conventional manner, then it is undoubted that by virtue of its scale elongation and finish that it woutd have detracted from the character and setting of Knockdow House to its detriment.

The solution to address this concern is particularly imaginative and entails the construction of an underground tunnel between the leisure facility and the Orangery which will give the impression that the two buildings are two separate physical entities. This ensures that both the character, identity and integrity of Knockdaw House remains intact. This has been reinforced by the leisure facility being set back from the front building line of Knockdow House and being some 16 metres from it. Furthermore it is intended to undertake additional landscaping in front of the leisure facility to help screen it thus ensuring that the character and setting of Knockdow House will be retained. The proposed landscaping is pivotal factor in ensuring the successful assimilation of this extension within this landscape and I. requires to be reinforced by a planning condition.

"Bad Neiqhbour" Assessment"

The erection of the leisure facility constitutes a potential 'bad neighbour,' by virtue of the provision of the proposed bar within it. This requires to be assessed against the provisions of PO1 COM 5 of the Cowat Local Plan whereby the Council will resist or oppose such developments when it is considered that they are likely to have a detrimental effect upon adjoining residential properties.

Knockdow House is an isolated building and when the leisure facility is constructed the nearest dwellinghouses would be in excess of 250 metres from it. The principle of the extension of the leisure facility in conjunction with the conversion of the main house into a hotel and the provision of a bar within it does not give rise to any privacy and amenity concerns regarding noise or disturbance. it is considered that the operation of this facility will not be in conflict with the provisions of POL COM 5 of the Cowal Local Plan. The Public Protection Unit have reinforced this view and advised that they have no objections to the proposal.

Road Safety Issues

The principle concern is in relation to the issue of improvements to the public road network in recognition of the increased traffic levels that will be generated as a consequence of the implementation of all of the proposed developments as outlined under Section C above. The Area Engineer has advised that improvements are required between Castle Toward and Knockdow House which include a total of 4 additional passing places along with improvements to the corner at Auchafour Farm and improved signage.

This has formed the basis of recent discussions between the applicant/Area Engineer (Highways) and this department. Following negotiations the applicant has agreed to fund these improvements in a phased and proportionate manner relative to the scale of development proposed. It will therefore be necessary to provide two passing places and undertake access improvements to the corner at Auchafour Farm prior to the implementation of the conversion of Knockdow House into a Hotel (ref 98/01 46910ET).

The two other passing places require only to be provided when the scale of development undertaken at the Estate has breached a specific threshold. In this instance and in relation to this application it is considered that the two additional passing places should be implemented prior to the commencement of works on either the proposed leisure facility or the commencement of works on the conversion of the existing courtyard to the rear of Knockdow House (ref 98/01469/DET), which ever is the earliest.

This element will require to be safeguarded through the provision of a Section 75 Agreement with planning permission only being granted with the conclusion of the said Agreement.

Car Parkinq

It is intended to increase the capacity of the proposed car park for the hotel from 33 car parking spaces to 55 car parking spaces with the implementation of this extension. The car park itself is sited to the rear of the proposed leisure facility and will not be visible to public view.

Water & Seweracle Provision

SEPA have advised that it will be necessary for a total soakaway to be provided to deal with the backwash discharge from the proposed swimming pool

Both of the above elements will be addressed through the imposition of appropriate conditions. VI. Alternative Policies and Proposals Contained in the Local Plan

The site is situated within a Regional Scenic Area as defined under POL RUR 1 of the Cowal Local Plan. However as has been outlined above the majority of the works are an extension to a proposed building and the extension of a proposed car park. Due to the existing vegetation and that the site is set to the rear of Knockdow House the proposal will not be visible to public view and It is not considered that the proposal will adversely affect the landscape setting of this Regional Scenic Area to its detriment.

The proposal accords with the provisions of POL TOUR 3 whereby the Council seeks to encourage new hotel developments where they form part of larger tourism and leisure schemes.

(G ) CONCLUSION

In conclusion it is considered that the design, scale and finish of the leisure facility is to a high standard and quality and is to be welcomed. It is corisidered that this element of the overall proposal represents a significant and positive development to complement the conversion of Knockdow House into a hotel.

Furthermore the development will result in the creation of an expected 10 jobs with this proposal which may rise to 35 overall through the other associated developments which are currently before Members for consideration.

(H ) RECOMMENDATION

It is recommended that upon clearance from the Secretary of State for the associated Listed Building application (ref 99/00002/lIB) ; that subiect to the conclusion of a Section 75 Agreement that planning permission be Granted subject to the following conditions and reasons as set out on the following

Head of Development and Building Control

"ln reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

Case Officer: D.Jones 01 389-70-8604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer: 7'31 CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01 821/DET

CONDITIONS

1. Standard.

2. The development hereby permitted shall be constructed in strict accordance with approved plans titled '601 C, 8028, 603B, B04A' unless the prior written consent for variation from the Planning Authority is obtained.

3. Full details of the proposed roof of the leisure facility including samples shall be submitted to and approved by the Planning Authority prior to the cornmencement of any works.

4. A sample of the proposed stone shall be agreed on site by the Planning Authority prior to the commencement of any works.

5. A sample panel of the proposed haarling shall be agreed on site by the Planning Authority prior to the commencement of any work.

6. A landscaping scheme shall be submitted to the Council as Planning Authority for the prior written approval of the planning authority prior to the commencement of any works. This scheme shall include the age, species and location of planting. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

7. Full details of the surfacing treatment of the new driveway and car parking areas shall be submitted to and approved by the Planning Authority prior to the commencement of any works at the proposed driveway and car park.

8. Prior to the commencement of any development, full details shall be submitted of an appraisal of the quality, quantity and adequacy of the private water supply to serve the development, which shall be carried out by a qualified consultant hydrologist in consultation with the Council's Public Protection Unit to the complete satisfaction of the Planning Authority.

9. Revised details shall be submitted of the proposed drainage arrangements for the pool and which shall show it being served by a total soakaway, which shall be submitted to and approved by the Planning Authority in consultation with the SEPA prior to the commencement of any works.

REASONS

1. Standard

2-5 In the order to protect the character and setting of Knockdow house in accordance with the provisions of POL BE 1 of the Cowal Local Plan.

6-7. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting.

8-9. In the interest of public health and amenity.

This permission 98!01469/DET is subject to a legally binding Section 75 Agreement.

I iWORDIDt3C,~~l~~~~9H'DC IlUM~UWCl Y21-bVH IIE~RNWOODLESIURE EXTENSION I(NOCK00',b UGC ., Further Recommendation In Respect Of Application 981082VDET

In the absence of the Section 75 Agreement being concluded within 4 months without good reason, it is further recommended that the application be Refused on the following reason:

734

Local Member - Councillor Dick Walsh Date of Validity - 14'h December 1998

15Ih February 1999

Reference Number: 99/OOOO2/LlB Applicants Name: Beornwood Limited Application Type: Listed Building Application Description: Erection of Extension for Leisure Facility Location: Knockdow House, Toward, Argyll

(A) SUMMARY

It is considered that the design scale and finish of the proposed Leisure Facility are both imaginative and to a high standard. The proposal will not serve to detract from the character and setting of Knockdow House which is a Category B Listed Building and as such is not in conflict with the provisions of POL BE 1 of the Cowal Local Plan. It is recommended that Listed Building Consent be Granted subject to Secretary of Sate Clearance.

(6 ) POLICY CONSlDERATIONS

Knockdow House is a Category B Listed Building whereby under POL BE 1 of the Local Plan the Council will encourage development which will result in the preservation and or positive enhancement of such buildings.

The proposal accords with Local Plan Policy.

(C ) ADDITIONAL APPLICATIONS

Ref 98101469iDET Detailed application for the conversion of Knockdow House into a Hotel and the erection of an Orangery extension and conversion of courtyard for ancillary hotel use.

Ref 98/01509/LIB Listed Building application for the erection of the Orangery extension and internal modifications Knockdow House

Ref 98/01647/OUT Outline application for a new Courtyard for Self Catering Accommodation at the rear of the existing Courtyard to the north of Knockdow House.

Ref 98/018211DET Detailed application for the erection of an extension at Knockdow House for the provision of a leisure facility.

(D ) CONSULTATIONS

I. Historic Scotland (letter dated 27th January 1999) : No objections subject to modifications to some internal arrangements and to external detailing.

(E) PUBLICIW

The proposals have been advertised under the provisions of Regulation 5 (Listed Building Consent closing date Sh February 1999). No representations were received.

I \WVRfl\l)BOUNLAPPS W,DOml W9\OWW2_WRBEORNWOOO LTO KNOCKDW HOUSE TOWARD DOC (F ) ASSESSMENT

Development Requirinq Listed Buiidins Consent

W Erection of single storey leisure extension on the western wing to accommodate a pool, sauna, spa and bar.

W Provision of underground tunnel to connect the leisure extension to the proposed Orangery (ref 98/001469/DET & 98/01509/LIB).

Other Prooosals

W Installation of new private sewerage system.

W Connection to a private water supply.

R Alterations to existing driveway.

I Extension to proposed car park.

Proposed landscaping.

A~~licantsSuwortinq Information

This application, along with the other submissions, as outlined under Section C above, comprises a comprehensive redevelopment of Knockdow House and Estate by the applicant for the establishment of a Hotel/teisure facility which represents an overall investment of f2.1 million within the area which it is estimated will create 35 jobs. The associated planning application (ref 98/01821iDET) represents the second phase of this development.

Phase 1: Conversion of Knockdow House into hotel and erection of Orangery.

Phase 2: Conversion of existing courtyard into ancillary self catering holiday accommodation and erection of leisure facility.

Phase 3: Construction of proposed new courtyard for self catering hotel accommodation.

Material Considerations

The proposal entails the erection of an extension to accommodate a leisure facility on the west wing of Knockdow House which will contain a pool, spa, sauna and bar. The determining issue in this assessment is whether the proposed leisure facility will serve to preserve and enhance the setting of Knockdow House.

Knockdow House is a traditional 2 and a half storey Georgian country house which has had two wings added to it at the start of the lgth Century. The proposal entails the erection of an extension to accommodate a leisure facility which will contain a pool, sauna, spa and bar which is to be provided as a facility in conjunction with the proposed hotel. The extension will be sited on the western elevation beyond the access road and will be connected to the proposed Orangery (which is the subject of separate applications 98/01469/DET & 98/01 5009/LIB currently before Members) by an underground tunnel.

I \WORMDELIUNIAPPS W,DC.WI 099\OOXIZ_wR BEORWOOD LTD. KNOCKDOW HOUSE, TOWARDDOC 736

One of the principle concerns in providing a leisure extension of this scale with all of the associated facilities was to ensure that it did not detract or overwhelm the character of Knockdow House. Had the proposal been to attach the leisure facility to the proposed Orangery in a conventional manner, then it is undoubted that by virtue of its scale elongation and finish it would have detracted from the character and setting of Knockdow House to its detriment.

furthermore it is intended to undertake additional landscaping in front of the leisure facility to help screen it thus ensuring that the character and setting of Knockdow House will be retained. The proposed landscaping is pivotal factor in ensuring the successful assimilation of this extension within this landscape and requires to be reinforced by condition. Historic Scotland have commented favourably upon the sensitive design and treatment for the proposed facility.

The quality and high standard of the development is to be welcomed and represents a sensitive and imaginative solution to the provision of a leisure facility for the proposed hotel which does not detract from the character and setting of Knockdow House and is not in conflict with the provisions of POL BE 1 of the Cowal Local Plan.

(G ) RECOMMENDATION

It is recommend that Listed Building Consent be Granted subiect to clearance by the Secretary of State and subject to the conditions and reasons as outlined on the following page.

Head of Development and Building Control

'?n reaching my assessment an this application, I have had regard to the documents identified in brackefsabove which are available for public inspection in terms of the Local Government (Access to Information)Act 1985".

Case Officer: Dafydd Jones 01369708604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer:

I \WORD\OEC?UNIAPPS 39',DC,Wf m\0(rJOZ_WR BEORNWOOD LID,KNOCKDUW HOUSE. TOWARD. WC CONDITIONS AND REASONS RELATIVE TO APPLICATION 99/00002/LIB

CONDlTlO NS

1. Standard.

2. The development hereby permitted shall be constructed in strict accordance with approved plans titled 'BOlC,8028, 8038. B04A' unless the prior written consent for variation from the Planning Authority is obtained.

3. Full details of the proposed roof of the leisure facility including samples shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works.

4. A sample of the proposed stone shall be agreed on site by the Planning Authority prior to the commencement of any works.

5. A sample panel of the proposed haarling shall be agreed on site by the Planning Authority prior to the commencement of any work.

6. A landscaping scheme shall be submitted to the Council as Planning Authority for approval prior to the date of commencement of any works. This scheme shall include the age, species (which shall be indigenous) and location of planting which shall be undertaken to the south, west and north west of the proposed leisure facility . The landscaping scheme, as may be approved, shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shalt be replaced with equivalent species within one growing season.

REASONS

1. Standard.

2-5 In the order to protect the character and setting of Knockdow House in accordance with the provisions of POL BE 1 of the Gowal Local Plan.

6. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting. , _- -_., .. .__ , .1-, , . L...... LI. - . --

739

Local Member - Councillor RWalsh Date of Validity - 2”dNovember 1998

15Ih February 1999

Reference Number: 98/01647/0UT Applicants Name: Beornwood Ltd Application Type : Outline Application Description: Erection of Self Catering Accommodation in Courtyard Format & Proposed Car Parking Location: Land to North of Existing Courtyard, Knockdow

(A) SUMMARY

Subject to appropriate conditions regarding the layout, scale design and finish of the development, it is considered that the proposal will successfully integrate within this landscape setting without detriment to the setting of Knockdow House or the wider setting of this Regional Scenic Area. This application is to be welcomed in that it constitutes part of a considerable level of investment within the South Cowal Area and Knockdow Estate which may create up to 35 jobs. It is recommended that planning permission be Granted subject to a Section 75 Agreement regarding upgrading of the local highway network. tt should be noted that one Section 75 Agreement would cover all the appropriate planning applications.

(B ) POLICY CONSIDERATIONS Structure Plan Policy

Under STRAT 2, the Structure Plan requires a sustainable approach to the conservation and use of natural resources which cannot be readily regenerated or reproduced (such as landscape) and there is presumption against development which would have an adverse effect upon such resources.

Under SAS 1 the proposal will resist prominent or sporadic development which would have an adverse environmental impact upon Regional Scenic Areas.

Under STRAT 2A proposals for development within such areas require to be assessed against a specific criteria.

Within the Remoter Rural Area under RRA 2 the presumption in favour of single or small scale residential development in the countryside shall not apply in areas where Local Plans have established that such a presumption should not appiy.

Cowal Local Plan

The site is situated within a Regional Scenic Area as defined under POL RUR 1 of the Cowal Local Plan and as such the proposal requires to be assessed against in terms of its environmental impact, locational operational need, economic benefit and servicing and infrastructure implications.

Under PUL COM 5 the Council will oppose potential ‘bad neighbour’ developments when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land.

Under POL TOUR 3 the Council will support new hotel developments when they form part of larger tourism and leisure schemes.

The proposal accords with both local and structure plan policies.

I iWOROlDBCAUNIAPPS 9SlD0T1603 609j01647~W41BEORNWOOO OUTLINE KNOCWW WC (C ) SITE HISTORY ,,

Ref 98/01469/DET Detailed application for the conversion of Knockdow House into a Hotel and the erection of an Orangery extension and conversion of courtyard for ancillary hotel use.

Ref 98/01509/LlB Listed Building application for the erection of the Orangery extension and internal modifications Knockdow House

Ref 98/01821/DET Detailed application for the erection of an extension at Knockdow House for the provision of a leisure facility.

Fief 99/00002/LIB Listed building appfication for the erection of an extension at Knockdow House for the provision of a leisure facility.

(D ) CONSULTATIONS

I. Ministry of Defence (letter dated I*' December 1998). No objections.

2. West of Scotland Water (letter dated 14'h December 1998). No objections.

3. SEPA (letter dated 14thDecember 1998). No objections.

4. West of Scotland Water (Sewerage) (letter dated 23rdNovember 1998). No objections.

5. Public Protection Unit : Advise verbally that they have no objections subject to the provision of a hydrologists report.

(E) PUBLICIlY

The proposals have been advertised under the provisions of Article 18 (Potential Departure - closing date 1 8'h December 1998). No representations were received.

(F ) ASSESSMENT

Development Reauirina Exmess Planninq Permission.

8 Proposed self catering accommodation in association with the proposed hotel conversion (ref 98/01649/OUT) (Class 7 - Hotels & Hostels).

m Proposed car park extension for 22 vehicles.

Other Specified Operations

8 Connection to private water supply.

Connection to proposed private sewerage system.

I.\WORD\OBQUNIAPPS 9MDCtlIMX)69mOIM7_WR1 aEORNWOOD OUTLINE KNOCDOW DDC 741

Applicants Sumortina Information

This application. along with the other submissions, as outlined under Section C above, comprises a comprehensive redevelopment of Knockdow House and Estate by the applicant for the establishment of a Hotel/Leisure facility which represents an overall investment of €2.1 million within the area which it is estimated will create a minimum of 35 jobs. This current application represents the third phase of this development and which in itself will provide 10 jobs.

Phase 1: Conversion of Knockdow House into hate1 and erection of Orangery.

Phase 2: Conversion of existing courtyard into ancillary self catering holiday accommodation and erection of leisure facility.

Phase 3: Construction of proposed new courtyard for self catering hotel accommodation.

Material Considerations

The Regional Development Strategy identified under STRAT 2 of the Structure Plan requires a sustainable approach to the conservation and use of natural resources that cannot be readily regenerated or reproduced (such as landscape) and there is a presumption against development which would have an adverse effect upon such resources.

The site is situated within a Regional Scenic Area as identified under SAS 1 of the Structure Plan. The criteria for assessment is outlined under STRAT 2A . In addition the proposal requires to be assessed under POL RUR 1 of the Cowal Local Plan.

1. LocationallOperational Need

No claim of locational operational need has been made by the applicant.

II. Economic Benefit

The proposal represents a considerable investment within the local economy and the applicants have intimated that the proposal may result in the provision of up to 35 jobs through the implementation of all of the associated developments as outlined under Section C above. There is also likely to be an indirect benefit to the local economy through the development.

Ill. Environmental Impact

The site ties to the rear (north) of the existing courtyard (Application Ref 98/01469/0ET) within the grounds of Knockdow House but is significantly distanced from the main House itself by approximately 150 metres. The site itself straddles either side of a private road which is lined with a mixture of deciduous trees and hedgerow which forms part of the Estate's road network. The western half of the site lies at the bottom of a sloping agricultural field with the eastern half being level and which has a number of deciduous trees within it, which will require to be felled, although the applicant proposes to undertake replacement planting, The site itself by virtue of the existing topography and vegetation will not be visible to public view.

The app!icant has intimated on the submitted plan that the development will be in the form of a courtyard development on either side of the estate road and which will be similar to the existing courtyard at the rear of Knockdow House both in terms of its design and finish. Two car parks are proposed both of which will be sited between the proposed and the existing courtyard. Although the applicant have not specified the number of units to be provided, based upon a combination of factors including the indicative drawings provided and the proposed parking and drainage arrangements, it could be estimated that up to 25 units will be provided catering for up to a maximum of 50 people.

I \wORO\DBCIUNIAPPS.9~TIM]O699\0iE4:-WRl BEORNWOOD OUTLINE KNOCDOW DOC 742 I

It is considered that the site is capable of accommodating some form of development that is ancillary to the proposed hotel subject to a number of conditions regarding its scale, layout, design and finish. The indicative courtyard layout is to be endorsed since it represents a naturat extension to the development of the estate. However in order to ensure its successful assimilation appropriate conditions will require to be imposed to ensure that the development wilf be of high quality and finish which shall be traditional in nature. A failure to adhere to this will result in the development being out of keeping and character to the area to its detriment and to the wider setting of Knockdow House and Estate.

The accommodation Is intended for ancillary holiday use which will be tied to the operation of the proposed Hotel. Although they are self contained it is not considered given the density of development and lack of suitable curtilage area that they would be suitable of being used for permanent residential occupation. In light of this it is considered that the proposed development is only acceptable subject to the conclusion of a Section 75 Agreement to safeguard against their use for permanent residential accommodation.

IV. Effecton Conservation of Natural and Heritage Resources

With the exception of the associated felling of indigenous tress the scheme would not seriously effect the conservation of natural and heritage resources. In this regard however, additional ptantingjandscapingwould be a pre-requisite.

\J Alternative Policies and Proposals Contained in the Local Plan

The proposal accords with the provisions of POL TOUR 3 whereby the council seeks to encourage new hotel developments where they form part of larger tourism and leisure schemes.

Servicinq & Infrastructure

Although the Area Engineer (highways) has previously expressed concerns regarding the overall developments at Knockdow this aspect has not been the subject of any such specific concerns and is not conditional upon any further improvement to the local road network not already addressed with the other applications (ref 98/01468/DET a 98/01 821/DET).

However, in order to ensure that this particular development is not undertaken in isolation without regard to the other planning applications as outlined under Section C above, it remains pertinent and necessary to require two additional passing places for this development proposal unless this is already undertaken in association with the remaining schemes.

(G ) CONCLUSION

It is considered that the site is capable of accommodating a development of a high quality, design and finish within this setting which will complement the existing fabric of the Estate without detriment to either to the setting of Knockdow House or the landscape setting of the Regional Scenic Area itself.

I \WORO\DBC\UNIAPPS 963DCITiKHI 6W,OiM7WRI BEORNWOOO OUTLINE KNOCDOW DE c 743 (H ) RECOMMENDATlON

It is recommended that subject to the conclusion of a Section 75 Agreement to ensure:

i) A financial contribution towards the provision of a further two passing places prior to the new courtyard ancillary self catering hotel accommodation coming into first use, unless such provision has been made elsewhere.

ii) The proposed courtyard buildings being used solely for ancillary self catering hotel accommodation and that they shall not be occupied on a permanent residential basis nor sold independently of the Knockdow House,

that planning permission be Granted subject to the following conditions and reasons as set out on the following page.

Head of Development and Building Control

Case Officer: D. Jones 01369-70-8604 Senior Planning P.O'Sullivan 01369-70-8608 Officer:

I.~WORO\DBC,UNIAPFS9s\DC,Tl€X 69%01647_WRl BEORNWOOD OUTLINE KNOCWMl3oC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01647/OUT

CONDITIONS

1-3 Standard Outline.

4. Any details pursuant to Condition 1 above shall show a landscaping scheme which shall be submitted to the Council as Planning Authority for approval prior to the date of Commencement of any works. This scheme shall include the age, species and location of planting which shall be indigenous. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

5. Full details of the surfacing treatment of the new driveway, car parking areas and courtyard shall be Submitted to and approved by the Planning Authority prior to the commencement of works on the new driveway, car parking areas.

6. Any details pursuant to Condition 1 above shall show full details of an appraisal of the quality, quantity and adequacy of the private water supply to serve the development, which shall be carried out by a qualified consultant hydrologist in consultation with the Council’ Public Protection Unit to the complete satisfaction of the Planning Authority.

7. The proposed development shall be used solely as ancillary self catering hotel accommodation (Class 7 Hotels & Hostels) in association with the operation of Knockdow House as a hotel and shafl not be used for permanent residential occupation.

8. Any details pursuant to Condition 1 (a) above shall show a layout in the manner of a traditional courtyard as detailed in drawing “reference number 801 A? and which shall be akin to the existing Knockdow courtyard and shall incorporate the following elements:-

(I) The buildings shall be single or one and a half storeys in height, with only one block being two storey. (11) The window openings shall have a strong vertical emphasis. (Ill) The walls shall be finished in a white wet dash render / natural stone. (IV) The roof shall be symmetrically pitched to at least 35 degrees and shalt be finished in natural slate or a good quality slate substitute. (V) The building shall be of a general rectangular shape and gable ended. (VI) Traditional “peaked” roof dormers and porches shall be encouraged. (VI1)The maximum floor area of the development shall not exceed 1200 square metres unless otherwise agreed in writing by the planning authority..

REASONS

1-3 Standard Outline.

4. In the interests of visual amenity and to help integrate the proposal into its surrounding landscape setting.

5. In the interests of road safety.

6. In the interest of public health and amenity.

7. To ensure that the proposed ancillary hotel accommodation is used as an integral part of Knockdow House’s proposed use as a hotel, thus avoiding the potential for privacy and amenity concerns

8. In the interests of visual amenity and to reflecvretain the vernacular building traditions and characteristic of Knockdow Estate.

This permission 98/01469/DET is subject to a legally binding Section 75 Agreement.

I \WOWO\DBL7UNIAPPS 9@DQrl60a69s\oW4_siRl EEORNWOOO OUTLINE KNOCOOW DilC 745 .\ Further Recommendation In Respect Of Application 98/01647/OUT

In the absence of the Section 75 Agreement being conduded within 4 months without good reason, it is further recommended that the application be Refused for the following reasons:

I \WORD\DadUNIAPPS 9m,OC,T!~63s\OiW7_wR1 8EORNWOOD OUTLINE KNOCDOW WC . .. I -Y ' p I I "[,. I I ! I Glen Fyne

li . ..

Argyll & Sute Council LOCATION PLAN RELEVANT TQ Development and Environment Services APPLICATION No. %?i-0('6~?-8~ Kilmory, Lochgilphead Argyll PA31 8RT (Scale: : 350 ]Date F-tB cbq IDrawn By. FWj S Local Member - Councillor A W McQueen Date of Validity - 6’ January 1999

15th February 1999

Reference Number: 98/01 793/COU Applicants Name: William F Price Application Type: Change of use application Application Description: Change of use and extension to bakery to form single dwellinghouse including partial demolition and external alterations Location : Seaside, Tighnabruaich

(A) SUMMARY

The application proposes the extension to a former bakery and its change of use to form a single dwellinghouse. It is considered that the external alterations proposed are contrary to the Council’s “Design Guide” and are not in keeping with the surrounding area. Additionally, the close proximity of the property to a communal septic tank is a potential smell nuisance and the proposed drainage of the dwellinghouse to this communal septic tank would be contrary to the Council’s approved policy on the installation of septic tanks. Accordingly, this department recommends that planning permission is Refused.

Cowal Local Plan

Policy BE9 ‘Layout and Design of Urban Development’ of the Local Plan states that the Council will ‘. . . seek to achieve a high standard of layout and design where new Urban developments are proposed. Proposals for new development should have regard to the Council’s published design guidelines and development standards. ’

Desian Guide 15thMav 1985

The Council’s Design Guide on extensions and alterations to existing buildings states:

“The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the exiting building.”

“In some cases an acceptable solution can be achieved by raising the roof but only where the new design does not conflict with the massing or design of nearby properties.”

“where old buildings are being renovated it is preferable that new windows should be of the same material and style as the originals, this is generally timber framed windows”.

For the reasons outlined in the Assessment Section IF) below it is considered that the application is contrary to Local Plan Policy.

(C ) SITE HISTORY

There is no planning application site history. 748 t (D ) CONSULTATIONS ,. Director of Public Protection (memo dated 15/1/99): No objection. The Public Protection department have been contacted in relation to the issue of the communal septic tank in close proximity to the property, further views are awaited.

Area Road Manager (memo dated 26/1/99): No objection.

Health and Safety Executive (letter dated 29/1/99): No objection.

Building Control Section (memo dated 8/2/99): States that:

‘....4s fhis application relates to the change of use of a former bakery 10 a dwelling [hen in accordance with the Coiincil’s approved policy on septic ranks insrallations [he new dwelling should be iocared a minimum distance of 25 rnetresfrom the sepric tank.

A Bidding Warrant would not normally be approved unless this crireria was achieved. ’

In relation to this the Senior Building Control officer has verbally advised that, in conformance with the provisions of the Council’s Building Control Guidance note titled ‘Policy on /nstal/alionof Septic Tanks in terms of the Building (Scotland) Acts 1959/70’,as the current septic tank sewes more than one property, any new residential use should be a minimum of 25 metres from the septic tank. There may be scope for addressing the drainage on the site by using, for example, a biological system of treatment this, however, would require to serve not just the proposed dwelling but would also require to replace the existing septic tank serving the adjacent properties.

SEPA: No response to date.

West of Scotland Water: No response to date.

(E) PUBLICITY

The application has been advertised as a Potential Departure to the Local Plan (expiry date 51h February 1999). To date two letters of representation to the application have been received, from Williarn Dalrymple, 24 Gibson Road, Renfrew, PA45 ORH (letter dated 9/12/98) and H Bruce Collier, Royal Buildings, Tighnabruaich, Argyll (letter dated 2/2/99).The grounds for objection are summarised below:

1. Proposed window on the west elevation. This will overlook the garden area of adjacent properties and as such will disturb the privacy of the properties.

Comment: The applicant has been advised of this and has deleted the proposed ground floor window on the west elevation.

2. Concerns raised in relation to the size of the property, the scale of the development is considered to be very significant and the proposed roof height will be greater than existing rear roof heights within the seaward side of the village.

Comment: This department has serious concerns in relation to the design of the development and these are outlined in the Assessment Section below. In relation to the roof height the department would, however, indicate that the height proposed is considered to be acceptable, given the height of the existing building and the height of adjacent buildings, which include the new RNLI building.

3. The development proposes a mansard style roof and it is queried whether this style is in keeping with the traditional style of a Cowal village.

Comment: See Assessment Section overleaf.

I \WORD\DB~UNIAPPS.SWOC~T1700-~01iP3_Wfl_SEASIDETIGHNABRUAICH. COU BAK(ERY TO CUSS 4 DOC 1 (F ) ASSESSMENT

Develooment Requirinq Express Plannina Permission.

- Change of use of former bakery to single dwellinghouse. - Partial demolition of building. - External alterations to building including the erection of a 1 ‘/2 storey extension to the building with a mansard roof, the formation of door and window openings and an external balcony at ground floor level.

Amlicant’s Sumortina Information

This department requested in writing (letter dated 1/2/99) that the current application be withdrawn and an amended application submitted which addressed the concerns of this department in relation to design and the proposed method of drainage. The applicant submitted a letter (dated 8/2/99) in response to this, a small number of the requested amendments have been made, quoted below are the parts of the letter which refer to requested amendments which the applicant has indicated he will not be undertaking.

‘... I. Design ofRoof

The mansard roqf was particularly chosen wirh the intention of Jbllowirig the basic riutlitie of the south elevation of the existing building as viewed from the sea. The de.yign of the roof is appropriate for the following reasons;-

(a) As the existing walls are being retained if was decided lo minimise hrrher loading5 on them - your suggestion would involve an additional ISM of 600mm wide blockwork being bidding on top ofthe random rubble walls which is far from desirable.

(b) The mansard roof which is to be slated utilising the existing slares would be of the same propor/ions as the existing roof thereby minimising the impact of a large roof on he adjoining neighbows - the upper aliiminirim roof is of minimal pitch und height and is of similar appearance to the roof on the recently constructed RNLI sfation. A siiigle pitch roof would raise fhe roof by approximately 2.5UM.

(c) The extremely exposed nature of the location is another factor in my decision EO avoid large pitched slated roofs which would be the case in a 1 ‘/2 storey configuration.

(d) Your comment that my proposal would not sir well with the surrounding properties is inappropriate, I consider that my proposal can only enhance the current derelict buildings and will certainly be an improvemefit on the RNLI building.

(e) The house owned by Bunting Jaytlilymn, Shore Road, Kames has a mansard roof built in the last 10 years.

2. Desien of Windows

(a) Your comment that windows in the area tend to be vertically proporfioned may be the case as this was [he trend at the time when the villas etc. were constructed. If is very apparent that many of the newer houses have feature windows with a horizontal proportioning, this can be seen on the adjacent second floor flat and [he RNLI station (see enciosed photograph), as well as many of the more recently built hoiises in TighnabruaichlKames.

(h) I have chosen very high qua& alurninirim windows for the following reasons:-

(i) Their resistance to wry high windlrainlscra spruy condicions and ure rared tu wiYrrhstund 150 krnlhmrtr, this is much better than the performance of timber windows. (ii) The aluminium windows will be powder coated to exactly the same cohr RAL 7016' {A nthracife)as will the feature fascia/solfi[sand conservatory glazing astragais.

(iii) Aluminium windows will provide a mainterrance-free opiion and highly resistant tu salt water which they will be regularly subjected to - timber windows will nol withstand such conditions wifhuut short term regulur maintenance.

(iv) I nole that the windows or1 the adjacent RNLI siution are aluminium framed.

(L!) The conservutory windows huve been dirnensiancd to sui[ thc nodule of thr rorrservototy roof gluzing system which again emphasises the dfention to detail in the overall design.

...5. Septic Tank

The septic tank shown on the plans is a communal one which currently serves [he Jui ubow Ihe existing bakeryfapplication, the bakery shop, the flat above the bakery shop nnd [he Kyles of Bute Paindng Centre and the flat above. There is therefore no intention to change anything other fhan tire connection point to [he Jystem is re-posifioned (see attached showing adjoining residenrs who air connected to it).

....I urn surprised at what appears to be petty crilicisms of my applicaiion and I would hove htqht your uurhorily would have wished to be heipful with [his application in view of die fact that this huildrPlg has loin derelict for sume 26 years-

Having owned a specialist roofing company for the past 45 years I consider myself to be competent in &hedesigit and aesihefics of roofing and wirh similar experience in the selection of windows and generally overcoming West of Scotland wearher conditions.

It is my intention to construct a house which will fit in with the adjacent buildings as well as greatly enhancing he view to the existing buildings fiom the sea, succumb and enhance the dreary Tighnabruaich waterfront

I Irust that I will.haveyour authorifies cu-operation in ;his matter, '

Material Considerations

At present a small part of the proposed alterations to the building (comprising the proposed balcony area) is outwith the application site boundary. The applicant has been advised of this and has been requested to nofdy the Crown Estate as an owner of the application site.

Environmental tmpact

The application site is located to the rear of village centre in Tighnabruaich immediately adjacent to the shore. As such the building is not easily visible from the adjacent roadway. It is, however, visible from the north-east as well as from the sea.

The application proposes the change of use of a former bakery building which the applicant has indicated has been vacant for 26 years. The building is a mix of single and one and a half storeys, has a number of smalt extensions to it and is dilapidated in appearance. The application plans show that there was previously a flat at attic level in one section of the property.

The application proposals show major alterations to the property to form a single dwelling of a fairly substantiat size with the following accommodation at ground floor level: conservatory, kitchen aredliving room; games room; utility room and bathroom and at first floor level four en-suite bedrooms. This accommodation would be formed by using the existing floor space and by extending the 1 'h storey section of the building to the north-west.

The external alterations proposed include the formation of a mansard roof on the 1 'h storey section of the property, the external finish of this is indicated as being slate at lower level and stucco embossed

I \WORD\DBOUNIAPPS.S8~Ti7~~~0~~3~W~~S~~lDE,TlGHNABRUAlCH,COU BAKERY TO CLASS 9 WC .. aluminium at the top of the roof. A number of new window openings are proposed as well as the installation of roof lights in the roof area. A conservatory is proposed in the north-eastern section of the property. In addition to this a balcony is proposed running along the south elevation of the property.

While this department generally welcomes the reuse of vacant buildings it is considered that the current application is unacceptable in two principle respects, the proposed external alterations to the property and the proximity of the proposal to a communal septic tank, to which the dwelling is proposed to drain. These aspects are considered below:

1) Proposed Exrernal Alterations

In relation to the design of the building it is considered that the use of a mansard roof, which is a non- traditional style of roof, is inappropriate in this seafront area of predominantly traditional buildings. While the application site is immediately adjacent to the RNLI building, the RNLl building is not a domestic scale building and, while clearly modern in design, sits well with the surrounding area. The Council’s own Design Guide notes that:

“The mos? basic principle is that any extension should be subsidiary to, and sympathetic with the form of the exiting building.”

“In some cases an acceptable soluiion can be achieved by raising the roof but only where

the new design does not conflict with the massing or design of nearby properties. ”

In addition to the concerns in relation to the proposed mansard roof it is considered that the design and finish of the windows, which have an aluminium finish and a strong horizontal emphasis are likewise unsuitable for this location. In some areas of Tighnabruaich and Kames there may be properties which have windows which are not in keeping with the area. It is conceivable that certain of these alterations may have been carried out under “permitted development rights”, however new development should follow traditional patterns of design and finish.

Given the concerns in relation to design outlined above it is considered that the proposal would detract from the visual amenity of the surrounding area and would be contrary to Policy BE 9 of the Cowal Local Plan which states that the Council will ‘seek To achieve a high standard of layout and design where new urban developments are proposed. Proposals for new development should have regard to the Councik published design guidelines and development standards.’

In relation to this aspect the Council’s Wesign Guide” on ‘Extensions and Alterations to Existing Buildings’ is relevant. This states, in relation to windows, that these are generally the most dominant feature on a building and as such careful consideration should be given to their design and that older buildings tend to have windows which have a strong vertical emphasis. In respect of the finish of windows the guidance states that where old buildings are being renovated it is preferable that new windows should be of the same material and style as the originals, this is generally timber framed windows. It is this department’s view that the use of aluminium framed windows with a horizontal emphasis is contrary to this policy.

With regard to the design of the building it is considered that, subject to a solution to the problem of the existing sewerage treatment system, there is scope within the site for a more sensitively designed scheme which could accommodate a satisfactory size of dwelling.

ii) Proposed Sewerage Treatment System

The applicant has indicated that it is proposed to drain the property to an existing communal septic tank. This tank is located less than one metre from the property and the applicant has indicated that the tank serves six existing properties. It should be noted that the current septic tank was installed some considerable time ago and as such was not the subject of a planning permission or building warrant. The Building Control Section have indicated that the proposed drainage of the dwelling is problematic as is its location immediately adjacent to a communal septic tank. The Council’s guidance on septic tanks, titled ‘Policy on lnstallafion of Septic Tanks in terms of the Building {Scotland) Acts

I iWORO\OBC7UNIAPPS QBIDCITi7W~01793~WR~SEASIDE.TIGHNABRUAICH.COU 8AKERY TO CLASS 9 DOC 7959/70’ states that non-mechanical biologicai systems serving more than one property require to be located a minimum of 25 metres from any dwelling. As the surrounding properties are in use, there is’ ’ no requirement for any alterations to their drainage. However, the establishment of a new use within one metre of a septic tank is considered unacceptable.

The Senior Building Control Officer (memo dated 8/2/99) has indicated that a Building Warrant for such works would not normally be approved.

As such, for any development on this site to be considered acceptable, the applicant would require to investigate methods of upgrading the current sewerage treatment. There may be scope for addressing the drainage on the site by using, for example, a biological system of treatment this, however, would require to serve not just the proposed dwelling but would also require to replace the existing septic tank serving the adjacent properties. The alteration to the system of sewerage treatment would constitute a material alteration to this application and would require the submission of a new planning application.

(G ) CONCLUSION

It is considered that the design of the proposed dwelling is not in keeping with the surrounding area which is characterised by traditional properties and as such the proposal would have an adverse visual impact on the surrounding area contrary to the provisions of Policy BE 9 of the Cowal Local Plan and the Design Guide.. It is also this department’s view that the proposed connection to an existing communal septic tank sited within one metre of the proposed dwelling together with the presence of a new dwelling within one metre of a septic tank would be contrary to the Council’s Approved Policy on the installation of septic tanks and would be a potential smell nuisance.

(H ) RECOMMENDATION

This department recommends that planning permission is Refused for the reasons outlined on the following page.

W Head of Development and Building Control

“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Loczl Government (Access to Information) Act 1985“.

Case Officer: L. Jones 01 369-70-8603 Senior Planning Officer: P.O’Sullivan 01369-70-8608

I \WORD\OBQUNIAPPS SB\DO,T1700.R9101793_WR_SEASIDt 1lGHNABRUAICH.COU BAKERY TO CUSS 9 DE REASONS FOR REFUSAL RELATIVE TO APPLICATION 98/01793/COU

1. The proposed external alterations to the building, by virtue of the design and materials proposed in respect of the roof and the design and materials of the proposed fenestration are not in keeping with the surrounding area. Consequently the development would be detrimental to the visuai amenity of the area contrary to the provisions of Policy BE 9 ‘Layout and Design of Urban Deve!uprnenf’ of the Cowal Local Plan 1993 and the Design Guide ‘Extensions and Alterations to Existing Buildings’ 1 ShMay 1985 which in particular state that:

“The most basic principle is that any .urension diould be subsidiary to, and qmpalhdc with [he

form oilhe exiting building. ’I

“In some cases an acceptable solulion can be achieved by raising the roof but ody where the new

design does not conjlicf with the massing or design of nearby properties. ”

“Where old buildings are being renovnfed it is preferable that new windows should be of lhe same malerid and siyie QS tlir originals, this is gentmlly timher fiamed windows”.

(Design Guide ‘Extensions and Alterations to Existing Buildings’ 1Sh May 1985.)

2. In the interest of public health given that the location of the proposed dwellinghouse within 1 .Ometre of an existing communal septic tank is likely to give rise to nuisance through smell and adversely affect the residential amenity of the occupiers of the proposed dwellinghouse.

I IWOROIOECIUNIAPPS 3810611 7M 7~,01~3_WR_SEASIDE,TlGHNABRUAICH.COU BAKERY TO CLASS 9 DOc c

,, .--;-~

. flEjJ~e . Tighna Parish

Tig h nabruai -~ -

Argylf 81 Bute Council Title: LOCATION PLAN RELEVANT TO Department of Planning, Development APPLICATION NO.q&loi7 cl 3 1 & Tourism ~~~ *.Kil mory, Loch g iI p head Local Member - Councillor A W McQueen Date of Validity - 1 1lh January 1999

22"d February 1999 (As amended)

Reference Number: 98/01692/0UT Applicants Name: Maramarine Ltd Application Type: Outline Planning Application Application Description: Use of agricultural iand as boat storage Location: Rhubaan Boatyard, Tighnabruaich

(A) SUMMARY

The outline application proposes an extension to the Rhubaan boatyard which is siiuated at the north1 of Tighnabruaich. It is considered that there will be no adverse landscape or environmental impact arid that the proposal IS acceptable in principle. It is recommended that planning perrnission is Granted subject to conditions, I

(B ) POLICY CONSIDERATIONS

Cowal Local Plan 1993

The site is located within the Kyles of Bure National Scenic Area. As such Policy RUR 1 'Landscape Quality' of the plan applies which presumes against prominent or sporadic development which would have an adverse ;andscap? impact and requires tha! new development is assess& against a number of criteria.

Pol(cy TOUR1 : 'Natural Hzcreational ResaLrces' of the plan applies also whick. stztes That the Council will: '. . . Encourage the dcvelopment of resoiirce based tourism and recreafional facilities directiy related to iialural r-esources, e.g. beaches. safe anchorages etc. provided they do riot conflict with: I) the protection of prime or in-bye agricultural iand; ii) The landscape qualfty of national or regional scenic areas and coasts and areas of local landscape significance; iid Nature and Heritage Conservation.

For the reasons outlined in the Assessment Section it is considered that the proposal is in conformance with Local Plan Policy.

(C ) SITE HISTORY

There is no application site history of relevance to this site.

(D ) CONSULTATIONS

Health and Safety Executive (letter dated 29/1i99): No objection.

Scottish Natural Heritage (letter dated 1/2i99): No objection.

Area Road Manager (memo dated 5/2/99): No objection subject to condition.

(E ) PUBLICITY

The application has been advertised as a Potential Departure to the Locat Plan [expiry date 19'h February 1999). To date two letters of objection to the application have been received, from Hyskeir Commercial Development, 111 George Street, Edinburgh, EH2 4JN (letter dated 23/11/98) on behalf of 'e the Mrs J G Ructerford Trust and Captain R G Proes, West Glen Caladh, Tighnabruaich, PA21 2EH (letter dated 18!'2!99). The grounds for objection are summarised below.

1. Pait of the application site is in the ownership of the Mrs J G Rutterford Trust.

Comment: The area of ground concerned is a small area adjacent to the roadway. The applicant has been advised of this and has submitted amended plans which exclude thts area of ground from the application site.

2 The objector considers that there should be screening of the extension to the boatyard from the private road which runs adjacent to the site.

Comment: The application is in outline only and, as silch. no detailed information has been submitted. The imposition of a condition in reiation to the provision of landscape works between the road area and the proposed extension to the boatyard is recommended.

3. It will spoil the beauty of the area. Housing and business should not be allowed to develop any further north than what currently exists.

Comment: For the reasons outlined in the Assessment section below it is considered that the app!ication does not have an adverse landscape impact.

4 The boatyard operators have encroached into trie field without planning permission so far as the objector is aware.

Comment: T9e objector does not state which area nas been encroached into The boatyard appears ;o have a fairly clear boundary with the field to the east and thts department has not rezeived representations from adjacent landowners that there has been encroachment cr.:? their land

5. The boatyard foreshore construction at prssenr is a mess, the objector does not know if they have planning permission. Part of this has been constructed on the objector's land without permission. This construction should be removed together with all the other items. The objector's land stretches northwards from just south of the wooden gate on the seaward side of the road to Caladh.

Comment: It is not clear which area the objector is referring to. It is understood that the boatyard has been established for a number of years and, while there is no record of planning permission being granted for the establishment of the boatyard use it is likely that this is the case as the use was established some substantial time ago. It is not considered that there is any planning justification for requiring works to the existing boatyard operation in the context of the current planning application.

6. The increase in the size of the boatyard will increase the number of cars parking in the area. The objector has had to put a sign that there is RO parking along the access road as parked cars were restricting access to Caladh and sometimes there is not enough room. The boatyard operator should be responsible in future for erecting and maintaining suitable signs.

The access from the public road to the south is a mess and needs to be maintained. The objector understands that the boatyard owners are responsible for the maintenance of the access road which they are not doing. Any more vehicles for the boatyard will make matters worse.

Comment: The Area Road Manager has indicated that it is not considered that tbe proposal Will materially affect existing traffic flows and has indicated that the application is acceptable subject to the imposition of a condition.

7. The objector would not prevent further people being employed by the boatyard but suggests that the applicant's be asked what extent will they be employed and whether full time! pad time Or seasonally. Comment The applicant has indicated that an additional two employees are likely to be employed as a result of the extension No details have been given as to the bass on which the workers would be employed

(F ) ASSESSMENT

Development Req u ir i nq Express PI an n in a Pe r rn is s ion

- Use ot agricultural land as boat storage.

Applicant's Supportinq Information

No supporting information has been provided in writing in connection wrth the planning application although it is clnderstood that, due to increased demand, the applicant seeks an increase in the boatyard area in order to accommodate additional storage space for boats.

Material Considerations

I. Locatio naliO perat ion a I Need

The application site is adjacent to an existing boatyard and as such tne extensioil of this, as opposed lo the creation of a new site is preferable from the point of view of landscape impact

11. Economic Benefit

There is likely to be some economic benefit through the potential for a larger number of boats to be stgred.

Ill. Environmental Impact

The applicatjor, site extends to approximately 0.2 hectares and wili form an extension tc. an existing boatyard. The site and the adjacent boatyard are located at the northern end of Tighnabruaich adjacent to the shore and, while visual from the sea, are not readily visible from Tighnabruaich.

It ISconsidered that. subject to careful design of the extension in terms of any excavation works etc.. there will be no adverse landscape or environmental impact.

The nearest houses are situated at the western end of the existing boatyard and as such it is not considered that there will be an adverse impact on residential amenity.

IV. Effect on Conservation of Natural and Heritage Resources

Scottish Natural Heritage have confirmed that, with careful design and operation, there is unlikely to be an adverse impact in this respect.

V. Sterilisation of Natural Resources

Scottish Natural Heritage have not indicated that there will be an adverse impact in this respect.

VI. Alternative Policies and Proposals Contained in the Local Plan

Policy TOUR 11 of the Local Plan as previously cited 'Natural Recreational Resources' is also applicable which states that the Council will:

'. . . Encourage the developrnent ofresource based tourism and recreational facdiities directly related to natural resources, e.g. beaches, safe anchorages etc. provided they do not conflict with: I) the protection of prime or in-bye agricultural land; ri) The landscape quality , of national or regional scenic areas and coasts and areas of local landscape significance; it!) Nature and Heritage Conservation.

Sublect to careful design and landscaping this poky would not be undermined.

(G ) CONClUSION

It IS considered that the applcation IS in principle acceptable and that there will be no adverse laridscape or environmental impact

(H ) RECOMMENDATION

This department recommends that planning permission is Granted subject to the conditions on the following page.

Head of Development and Building Control

"In reaching my assessment on this appiicahon, I have had regard to the documer;.+s idenhfied in brackets above uhich are availabls for public mspection in terms of the Loca! Governxnt (Access to Informatton) Act I985

Case Officer: L. Jones 01 369-70-8603 Senior Planning Officer: P.O'Sullivan 01 369-70-8608 1. CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01692/OUT

CONDITIONS

1-3 Standard Outline

4 Any details subnitted pursuant to Condition la) above shall include the submission of a landscaping scheme wh~chdetails landscapirig works to the southern boundary of the site adjacent to the roadway. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no late: than the first planting and seedtng season following the commencement of development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten tears. Any loss of species to be included in the landscaping scheme through disease, weather exposure, neglect or damage, shall be replaced with equivalent species with in one growing season.

5. Any details pursuant to Condition la) above shall include full details, including site cross-sections, of any excavation or ground works proposed. These cross-sections shall show the existing and proposed land contours. No works shall cotnmence until such details have been approved in writing by the Plann in y Authority .

6. Any details subrnirted pursuant to Condition 1 a) above shall provide full details of the proposed surface treatment of :he boatyard area. Such a surface treatment, as may he approved in writing by the Planning Adtticrity: shall be undertaken prior to the use coming into first operation.

7 The boarya:cl shall be used for the storage of bcats only and for no other use within Class 6 'Storage and Distributian of the Town and Countr-y Planning (Use Classes) (Scotland) Order 1997.

8 Prior to the of the boatyard extension coming into first operation the existing access to the boatyard shall be surhceri ir, bituminot.~~materials for 5.0 metres back from the road edge.

REASONS

1- 3 Standard Outl.ne

4 - 6. In the inierest of visual amenity in order to integrate the development into the surrounding Kyles of Bute National Area and as the permission is in outline form only.

7. In accordance with the use applied for and to prevent future changes of use, generally classed as "permitted development", which may have an adverse impact on the Kyles of Bute National Scenic Area.

8. In the interests of road safety. .-

I ! , - U Argyll & Bute Council Title: LOCATl'ON PLAN RELEVANT TO Department of Planning, Development--i APPLICATION No. qs)o\m2I~t~T & Tourism Kilmory. Lochgilphead Local Member - Councillor R Macintyre Date of Validity - 5‘h November 1998

8Ih February 1999

Reference Number: 98/01 604/DET Applicants Name: Mr R Hood Application Type: Detailed Planning Application Application Description: Erection of dwelling Location: Schiehallion, Ascog, Isle of Bute I l(A) SUMMARY

The application is for the erection of a dweiling in the garden ground of a single storey bungalow. Subiect to written confirmation from the Corporate and Legal Services Section that there is no legal impediment to the granting of planning permission the department recommends that planning permission is Granted subject to the conditions.

POLICY CONSIDERATIONS

Bute Local Plan 1990

The site is located within the Rothesay Outstanding Conservation Area which means that Policy BE 6 ‘Rothesay Consetvation Area’ of the Local Plan applies to the site. This states that one of the Council’s main objectives in the Conservation Area will be: ‘..To prevent any deterioration in the character and sefthg of the designated area through unsympathetic new development... . ’

Policy H01 ‘Development within settlements’ of the Local Plan also applies which states that the

Council I... will encourage the development of infii! and redevelopment sites .... in !he settlements of Rothesay . .. . providing there are no servicing OFenvironmental constraints‘

It is considered that the proposal is consistent with Local Plan Policy.

SITE HISTORY

The application site was originally part of the Shore Nurseries and contained greenhouses associated with that use. In 1976, a planning application to erect six chalets on this and an adjacent site was refused (reference 899/76).

A planning application for the erection of a dwelling on the site which now contains the property known as ‘Schjehallion’ was submitted in 1982 (reference 523/82).This was refused permission by the former District Council and a subsequent appeal against the refusal was dismissed by the Secretary of State.

Planning permission for the erection of the bungalow on the adjacent site, which incorporated the current application site, was subsequently granted by the Council in July 1984 (reference 193/84). This permission was to have been subject to the conclusion of a legal agreement which it is understood was to cover a number of matters, including the proposed design of the dwelling as well as precluding any furfher development on the site.

The Corporate and Legal Services Department (memo dated 29/1/99) have advised that further to a search of their records and a search carried out by the Keeper of the Register of Sasines in Edinburgh it would appear that the agreement was never recorded. However, it may be that the agreement is still binding on the current owner, given that there has been no change in ownership since 1984. Written clarification of this issue has been requested from the Corporate and Legal Services department.

\\AaCNT330i\Pv\NNINGO~m,DE~~UNIAPPS~~0~TlMX)~63h016W~WA~SCHIELLALLION. ASCQG. ERECllDN OF DWELLING DOC In this respect should it be the case that planning permission for the erection of Schiehallioh was issued in the absence of the associated legal agreement being concluded, then the permission was issued erroneously as members had resolved to grant permission subject to the conclusion of the legal agreement. However, as the development has been completed in excess of four years, the Council is time-barred from taking enforcement action.

(D ) CONSULTATIONS

Area Road Engineer (memo dated 24/11/98 and 2/2/99): No objection subject to conditions.

Architectural Heritage Society for Scotland (tetter dated 26/11/98): Object to the application for the following reasons:

‘We consider it unfortunate that building of two dwellings of poor design was previously permitted to take place on the shore side of this road and consider that no firther development should be permilled on this side of the road which would firther impair the appearance and ameniq of this urea.

We consider that the design of the proposed dwelling is very poor and ct-iide. It would appeur to be U standard kit house designed for no par1icular sitr hut apparently incorporating some modification. Ils design and finishes, including low-pilched ruoJ roof finish of concrete tiles (rather than natural slate)),upvc rainwater goods, crude applied timber decoration to the gables, atid Iacing brick and cement- rendered external walls, are markedly inferior to the nearby high-pitched slate-roofed rraditionnl buildings. Any new building to be constructed in a conservation area should be ofu high standard of design, be in sympathy with its neighbouring buildings and use appropriate high quality lraditional materials.

West of Scotland Water(letter dated 30/11/98): No objection.

Director of Public Protection (letter dated 12/11/98): No objection.

SEPA (letter dated 14/12/98):

No objection to the proposal providing the existing septic tank has a minimum capacity of approximately 3800 litres and the outfall extends to below the low water mark. SEPA indicate that they have advised the applicant accordingly.

Scottish Civic Trust: No response.

(E) PUBLICITY

The application has been advertised as development affecting the Conservation Area, the period for making representations expired on 1 IthDecember 1998. To date four letters of representation have been received, from Ledingham Chalmers Solicitors, 1 Golden Square, Aberdeen, AB1 0 1HA (letters dated 16/17/98, 23/11/98 and 23/12/98) on behalf of Mr 8 Mrs Thomson, Kinraddie, Ascog and from Wm. Skelton & CO,Castle Chambers, 49 High Street, Rothesay, PA20 9AU (letter dated 18/11/98) on behalf of Mr & Mrs McCulloch, Dalegarth, Ascog and Mr McCulloch, Eleanora Lodge, Ascog. The contents of the letters are summarised below.

1. It is inappropriate for a house to be located at this position due to the limited sewerage facilities available and the difficulty of providing a suitable and safe access to the site.

Comment: It Is proposed to drain the site into an existing septic tank which sews the adjacent property and discharges to the sea, SEPA have been consulted in relation to the application and no objections have been made by them. The applicant’s solicitor has made representations in this respect which are outlined in Section F below.

\UECNT3301\PLANNING~WORD~D~C~UNl~PFS9BiDCIT16W-69~01M)4~WR~SCHIEL~UlON, ASCOG ERECTION OF DWELLING DOG 763

In relation to the access to the site the Area Road Engineer has advised that the proposal is acceptable in principle subject to the imposition of conditions.

2. The objectors have a legal right of access over the application site to the beach.

Comment: At present the application site is part of the garden ground of the property known as Schiehallion and there is a stone wall running the length of the site on the road side boundary of the property. Correspondence on this issue has passed between the applicant's and the objector's solicitors, both of whom have differing views as to whether or not there is a legal right of access over the application site.

Issues of legal rights of access are a matter for resolution between the two parties, however, the granting of planning permission in respect of this proposal would not alter the current situation in that there would still be a boundary wall between the application site and the road and between the property and the shore area, excepting a small area of boundary wall which would be removed to accommodate vehicular access to the site. The applicant's solicitor has also made representations in this respect which are outlined in Section F below.

3. The proposal is contrary to the existing policy in the Conservation Area.

Comment: The objector does not state which policy the proposal is considered to be contrary to. However. for the reasons outlined in the assessment section below it is considered that the principle of the development is in conformance with Local Plan Policy.

4. It is not considered necessary that there should be encroachment into the Conservation Area in order to meet housing needs. The objector refers to other building plots currently for sale on the island.

Comment: The availability of other residential plots in the island does not mean that permission for additional plots should be automatically refused permission.

5. The site is on the seashore close to Ascog Bay, is a beautiful location and is in a high amenity area for tourists.

Comment: The site is within an attractive part of the Conservation Area and has a high scenic value. However, for the reasons outlined in the Assessment Section it is considered that the principle of the development is acceptabfe.

6. The proposed pitch of the roof is 25 degrees. When the applicant obtained planning permission for the adjacent bungalow the matter was referred to the Secretary of State who determined that the pitch of the roof should be no more than 18 degrees.

Comment: A previous application, submitted in 1982, was the subject of an appeal which was dismissed by the Secretary of State. In the planning application which was submitted subsequent to the appeal decision, permission was granted in 1984 for the erection of the house which has now been built for some time.

The bungalow known as Schiehallion has a relatively low pitched hipped roof and the bungalow to the north of the application site has a slightly higher pitched gable ended roof. The proposed dwelling is indicated as having a gable ended pitched roof to the main part of the dwelling with hipped roofs to front and rear sections. The pitch of the roof is broadly similar to modern adjacent properties and the height of the proposed dwelling, at its highest approximately 5.5 metres, is considered to be acceptable.

7. The site is prone to flooding and the objector's believe that the existing stone wall has been breached at least three times in recent years.

~~ABCNT~~~~~PLANNI~~GIWOF~~DEC,UNIAPPSPW~Tl~-69~ole~~WR~5CHlE~lON ASCOG. ERECTION OF DWELLING DOC Comment: This issue was put to the applicant and his response is outlined in Section F. It is considered that the response of the applicant is acceptable and the department is not” ‘ aware of any significant flooding risk to the site.

(F ) ASSESSMENT

Development Reouirinq ExDress Planninq Permission.

- Erection of single storey bungalow. - Formation of vehicular access.

Other Specified ODerations

- Formation of connection to public water supply. - Formation of connection to adjacent property’s septic tank. - Partial demolition of boundary wall. - Removal of 2 or 3 semi-mature rowan trees

Applicant’s SuDDoFtina Information

In a letter (dated 7/12/98) the applicant states the following in relation to the flooding risk highlighted by an objector.

‘...The original sea wall on the shore frontage is 250 feel long and built purely decoratively of single facing brick construction, with double brick piles every 20 feet built in 1988, while newly erected and still “green”and adjoining an expansion joint where the newly built brickwork was at its weakest, some debris on an exceptionally high tide broirght down a small section, this was easily rebuilt.

fn the year ending 1990191 in one of the stormiest periods on record, the wall was rammed by a baulk of timber measuring 20’ xl2’ xI0’ (which was thought to have come from the Wemyss Buy pier, which was under reconstruction at the time) the damage was inspected by Insiirarice amemors and they accepted fdL liability for the rebuilding on an estimated COSI. We decided to have the wall redesigned at our own insistence, and so avoid any future mishaps. The new sea wall was concrete shuttered und vibratory filled being finished on both sides wirh erigcnrei-ing class facing bricks, resulting in arz immensely strong sea wall.

As a Ministry of Works main contractor and Department of Environment Contractor in my professional life for a great number of years, I take exception to the objectors unqualified assessment of the wall construdion.

Regarding the issue of flooding 1 absolutely dismiss (he observation by the objector. If we have an extended period of heavy rain and an easteriy gde, whipping wave tops resulting in sea spray we can have what cun be described as a large puddle on rare occasions at the sea wall corner of the site, but nothing more than this. The perforuted drain piping and ourlets on the sea wall clears this in a very short time. When Rothesuy and Port Bannape have been flooded unfortunately and roads at Mountford and Craignure have to be driven along with great care, I can honestly say that we are not aflected in any way. I therefore repudiate totally the objectors claim to flooding ..... ’

In relation to the issue of limited sewerage facilities in the area, the applicant’s solicitor (in a letter dated 28/1f99) states that

I... There is a septic tank system of recent construction capable of accommodating efluent from cwo dwellinghouses, approved and tested by building control in 1987....

In respect of the issue of the alleged legal right of access over the application site the applicant’s solicitor, in letters dated 21/12/98 and 28/1/99 responds to this. In the letter dated 28/1/98 it is stated that:

\UECNT3301\PLPINNIt~G\WOAI?IDECIUNIAPPS.9B\O~T1600.699\0l00)_WR_SCHlELLALLlON. ASCOG. ERECTION OF DWELLING.DOC 7 ti5

’...Any righr of access in the title deeds for Kinraddie pertains solely to the beach area and no1 the 6. dwellinghouse site. This objection accordingly is of no relevance whalsoerw. In practicaf terms [he beach area in front of the development is unusable for fhe purposes of launching boa1.s etc..... ’

Material Considerations

Environmental Impact and Effect on Conservation of Natural and Heritage Resources

The site is within the Rothesay Outstanding Conservation and as such any new development must conserve or enhance or have a “neutral effect” upon the character or appearance of the Conservation Area. The immediate area surrounding the application site is relatively self contained in character and stretches from the Agnes Patrick Guest House in the north to Ascog Church in the south. The general character of development in this area in 1984 when planning permission for the adjacent dwelling was granted was large, detached, traditional properties set in fairly substantial gardens.

However, since that time there has been a fairly significant amount of infill development, mainly adjacent to the roadway, in the grounds of these properties which has resulted in the character of the area changing. The result of this is that the current predominant development pattern immediately adjacent to the site is higher density, single storey modern bungalows, there is also a modern, two storey detached dwelling to the north-west of the site. The two properties on either side of the application site are likewise single storey modern bungalows and. due to the site topography, the roofs of the properties are the only parts of the buildings clearly visible from the road adjacent to the site, although the shore facing elevations are visible over a short stretch of road to the south of the site, the same will be true of views of the proposed dwelling.

The proposed design and method of construction of the proposed dwelling is similar to the adjacent bungalows, i.e. single storey with a relatively low pitched roof, the external materials proposed are a smooth cement render, timber framed windows and concrete tile roof, in this respect a condition would be imposed on any grant of permission requiring that a good quality slate substitute was used on the roof.

It is this department‘s view that the design, proposed method of construction as well as the plot size of the dwelling is similar to the surrounding dwellings. Accordingly, given the extent of modern development in the immediate vicinity of the site ifs is considered that a refusal of this application on design grounds could be difficult to substantiate. Similarly, it is also considered that the use of a design which is similar to the immediately adjacent dwellings will help to integrate the proposed dwelling into the surrounding townscape.

A small number of semi-mature rowan trees will require to be removed to accommodate vehicular access to the site and it is considered that this is acceptable.

further development outwith the envelope of built development is unlikely to be considered acceptable between the road and the shore in this area, It is, however, considered that this proposal, being located between two existing dwellings, does not extend built development and can be successfully integrated with the surrounding townscape and treated as infill development consistent with the provisions of Policy HO 1 of the Local Plan. Given this it is not considered that the granting of this permission would set a precedent for further development between the road and shore in this area.

(G ) CONCLUSION

It is considered that the erection of a dwelling is acceptable in principle at this location and that the development wifl not harm the character or appearance of the Conservation Area.

\\ABCNT3301\PU\NMING\WORO\OB~UNIAPPS SEIDQT 16015694016C-~WR_SCHIELIACLICN ASCOG. ERECTION OF WELLING DOC ?66

(H ) RECOMMENDATION

Subiect to written confirmation from the Corporate and Legal Services Section that there is no legal impediment to the granting of planning permission the department recommends that the application is Granted planning permission subject to the conditions and reasons set out overleaf.

Head of Development and Building Control

“In reaching my assessment on this application, I have had regard to the documents identified in brackefs above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985”.

Case Officer: L Jones 01 369-70-8603 Senior Planning Officer: P O’Sullivan 01 369-70-8608 ’ CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01 604/DET

CON DlTlONS

1. Standard.

2. Notwithstanding the approved plans, the roof covering shall be slate or a good quality slate substitute, a sample of which shall be submitted for the written approval of the Planning Authority prior to the commencement of development and upon the written approval of the planning authority such an approved roof covering shall be used.

3. Prior to the commencement of any rendering on the building, a one square metre sample panel of the render shall be prepared for the written approval of the planning authority and upon the written approval of the ptanning authority such an approved render shall be used.

4. The footway crossing shall be constructed in accordance with the Department of Transportation and Property guideline Figure 10.16 ‘Driveway Access’ (copy attached).

REASONS

1. Standard.

2. - 3. In the interest of visual amenity in order to integrate the proposed dwelling with the surrounding area in accordance with the provisions of policy BE6 ‘Rothesay Conservation Area’ of the Bute Local Plan 1990.

4. In the interest of road safety.

\~R~NT33O~~P~NNlNG\WOR~DEC~UNlAFPS.3~D~Tl6W-~O~~~WR~SC~lE~LLlO~.&$COG. ERECTION OF DWELLING.DOC

769

Local Member - Councillor A W MacQueen Date of Validity - 3‘d July 1998

gfhFebruary 1999 Reference Number: 98/00924/DET Applicants Name: Portavadie Leisure Ltd Application Type: Detailed Application Application Description: Establishment of holiday village Location: Polphail Village, Portavadle

SUPPLEMENTARY REPORT NO. 3

Following a site familiarisation Members will recatl that on the 4Ih August 1998 planning permission was granted subject to the imposition of 11 planning conditions and the conclusion of a Section 75 Agreement. The applicant has requested a variation of the terms of the Section 75 Agreement which is considered acceptable subject to a precise timescale.

(6) SITE HISTOAY

The original planning permission issued in January 1975 in respect of Portavadie yard and specifically Polphail village, specified that after a period of ten years the site had to be reinstated in accordance with a scheme to be submitted for the approval of the Planning Authority. Such a scheme was never prepared or implemented. The then Argyll and Bute District Council pursued the matter through the service of an Enforcement Notice in 1981 on the then owners of the Poilphail complex, Messrs Barjac NV. The Enforcement Notice was appealed but dismissed. The terms of the Enforcement Notice were never complied with.

01-98-0121 Mr A Bradley. Change of Use of support village complex to hotel, leisure and recreational complex. Planning Permission was Granted in June 1989 and was subject to the following condition (Condition 2)

“Should the use of any building not take place even though development commences, then all of those buildings not used within two years of the date of this approval shall be demolished or as agreed with the Planning Authority, and reinstated through the grading of their sites, to levels comparable with adjoining ground and seeded to match ground cover on adjoining ground, all within one year of the expiry of this consent.”

This condition was not complied with and an Enforcement Notice was issued in July 1992 (Ref:09/9210001) which was not complied with. In 1993 the cost of the necessary reinstatement works were considered too high for the Council to carry out the works themselves. The site was owned by Barjac NV, whose financial circumstances were unknown, and their heritable creditors, BCCI, decided not to enter into possession of the site.

In these circumstances the legal advice was that if the Council decided to reinstate the site and reclaim the money from the owners they would not be able to recover all moneys due. The Council contacted the Secretary of State during 1993 to try to obtain funding but were unsuccessful. No further action has been taken. The Enforcement Notice (Ref: 09/92/0001) remains in place and has not be withdrawn although compliance with the same is extremely problematic.

( C) CURRENT APPLICATION 98/00924/DET

In determining the planning merits of the current planning application (98/00924/DET), with due regard to the planning history and the reasons why previous attempts to restore the site have been unsuccessful, the Area Committee resolved to grant planning permission for the establishment of a holiday village

I IWOROIDBCWNI,WPS 9WDC.900999\6C1424_SFU_POLPHAIL VlUGE POFITAVADIE WC subject to 11 planning conditions and the successful conclusion of a Section 75 agreement. The'main thrust of such an agreement was that: ,,

I) should development not be completed within three years from the date of the grant of planning permission, would require reinstatement of the site. This reinstatement would comprise the demolition of existing structures and the rcmoval of existing access roads and the grading of the site to levels comparable with surrounding ground and seeded to match ground cover on adjoining ground.

The applicants agent has indicated ( letter dated 28MJanuary 1999) that a five year period rather than a three year period for the implementation of the project or the reinstatement of the site is necessary. The reasons cited relate to the Business plan, Financing disciplines, Building Warrant Consent, Water Authority Consent. They have further indicated that the "five years should commence from the receipt. of a Building Warrant or say May 1999".

Whilst the department would raise no objections to the terms of the Section 75 Agreement being extended from three years to five years, delay in actually submitting a Building Warrant application could extend this period even further. The department is also mindful that some six months has already elapsed for the applicants to sign the Section 75 Agreement prior to this request. Rather than relating the Section 75 Agreement to any other necessary consents that will be necessary it is considered that any five year period should commence from the date of this committee meeting, i.e. until the 2nd March the year 2004. This should focus and concentrate the applicant to duly completing the Section 75 Agreement .

(D) CONCLUSION

Polphail village has been lying vacant since construction in the 1970s and is falling into disrepair, previous attempts by the Council to have the buildings removed and the site restored have been unsuccessful for various reasons. The Area Committee previously considered that the development proposed was acceptable and accords with development plan policy whilst the external alterations will result in a very significant visual improvement to the area. The project would also have a positive impact in improving the tourist economy in this area.

Given the applicants willingness to conclude a Section 75 Agreement this would appear to finally achieve a solution to the site, or in the absence of the same the complete removal of the existing complex from the landscape.

(E) RECOMMENDATION

The department recommends, that planning permission be Granted subject to the imposition of 11 planning conditions and the completion of a Section 75 Legal Agreement the thrust of which will require the applicant to implement the approved development or reinstate the site not later than 2"d March the year 2004.

Head of Development and Building Control

Senior Planning Officer: P. O'Sullivan 01369-70-8608

I \WOW\OBC?UNIAPPS 96IDCl900 sss\CQ924_SR3_PolPHAIL VILLAGE, PORTAVADIE.DOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/00924/DET

1. Standard.

2. The roof covering shall be that of slate or a good quality slate substitute a sample of which shall be submitted for the prior written approval of the planning authority before any works at the site commence.

3. Prior to the commencement of any rendering on the buildings, a two square metre sample panel of the proposed render shall be made available at the site and upon written approval by the planning authority the buildings shall be so rendered in such an approved material. 4. A landscaping scheme shall be submitted to the Planning Authority for approval prior to the commencement of works. This landscaping scheme shall show existing trees within the site being retained where possible and any additional trees shall be of a native species, characteristic to the area. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the commencement of development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

5. The proposed holiday units shall at all times be used for holiday occupation only and not as a separate or permanent heriditament and shall nut be occupied by a person (s) for more than three consecutive months with no return to the holiday units within a period of 14 days from their last occupation and between the months November -February the holiday unit shall not be occupied for a period of 28 days unless prior written consent for variation is obtained from the planning authority.

6. Prior to the commencement of development, visibility splays of 120 metres in each direction formed from a point 4.50 metres back from the edge of the adopted roadway shaH be formed and no obstruction to visibitity shall be permitted thereafter within these splays above a height of 1 .O metre above road level to the satisfaction of the Planning Authority.

7, Prior to the formation of the children’s play area details of the proposed equipment, to include elevation details and the proposed location of the equipment, shall be submitted for the approval of the Planning Authority.

8. Prior to the formation of the jetty, details of the structure to include elevation details shall be submitted for the prior written approval of the planning authority.

9. Prior to the erection of the two shelters indicated in drawing POO2, titled ‘Proposed village centre’, full details of the shelters shall be submitted for the approval of the Planning Authority.

10.Prior to the commencement of any works at the site, a detailed specification of the proposed biological sewerage treatment plant shall be submitted for the approval of the Planning Authority in consultation with SEPA.

11.Prior to work commencing at the site, a plan at a scale of not greater than a scale of 1500 shall be submitted to the planning authority which shall indicate the extent and route of the Public Right of Way through the complex and upon such written approvat the Public Right of Way shall be clearly marked on the site to the satisfaction of the planning authority.

NOTE: This permission 98/00924/DET is Subject to a Legally binding Section 75 Agreement.

I \WORD\OBC\UNIAPPS 9610c7900 9%W24~SR7_POLPHAIL VILIAGE. PORTAVAD(E.IXIC REASONS RELATIVE TO APPLICATION 98/00924/D€T

1. Standard.

2 - 4. In the interests of visual amenity in order to integrate the proposal into its surrounding landscape setting.

5. In accordance with the proposed holiday use as the dwellings, by reason of their siting and lack of curtilage, would be unsuitable for permanent residential accommodation.

6. In the interests of road safety.

7-9. No such details have been submitted.

10. In the interests of public health.

11. In order to retain the established Public Right of Way

REASON FOR REFUSAL RELATIVE TO APPLICATION 98/00924/DET IN THE A8SENCE OF THE CONCLUSION OF A SECTION 75 AGREEMfNT

The proposed development would have an adverse environmental affect on the landscape quality of the area contrary to Policy POL RUR 1 of the Cowal Local Plan 1993 which states that:

"The Council will seek to maintain and enhance the landscape quality of national and regional scenic area and coasts and areas of local landscape importance.... .Within these area the Council will resist prominent or sporadic development which would have an adverse landscape impact."

I \WORD\DBC\UNIAPPS 9RDC.9W 999\W924_SR3_POLPHAIL VILIAGE. PORTAVADIE.0OC 'I 3

,/ ....-- __

I I I / A ~ __- lphail 1 I -1 4

I rI -- I -. i c.-I Ii

Argyll & Bute Council I Titk: Department of Planning, LOCATION PLAN RELEVANT TO Development APPLICATION No. WlooCrq\oE'i- & 'Tourism Kilmory, Lochgilphead A.r:.,!I ??,!?I flmT

I LI I I I I I I I1 I1 11 11 .' 'I I '_I !:'

ARGYL_L_&BUTE CO.lNC!-L - Bule & Coyal Area

I'DWN AND COIJNI HY PUNNING

Valid Appiicatiari No. OalC-

9801657DET 08: 12/98

9801777DET

9301778UU

. .. . -.

16/02/99 BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COhIMITTEE BUTE & COWAL

Reference Nc Applicant: Proposal: Site Address Decision Date: I DECISION: 1 98/01 513/MTF Stork Argyll Ltd. Alteration & 51 Kilbride Road, 1 5/02/99/APFROVED Extension to form ;Dunoon. Limited Life Office ‘PA237LN

.. 98/01 619/ALT

38/01675fALT

Mister MacAllister Amendment to Nor Ean 04/02/99’ APPROVED Warrant 27 Alexandra Parade, Durioon I I PA23 8AE _- ~~ 38i01699iEXT blr 8 Mrs A. Beattie Extension of 25 Forest View, Dwe II i ng Strachur PA27 BDQ

I t9/0001O/EXT & N Murray Extension of U nd e rwo od , 09/02/99’ APPROVED ’ Dwelling Sandbank, Argyll. IPA23 8PD

Cmtad: IW C. McFadycn Area Senior Building Control O&M Buts & Cowal