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Breach of Conditions Notice IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 BREACH OF CONDITIONS NOTICE REFERENCE NUMBER: 07/00309/ENFOCC To: Seavision Scotland Limited G R Kennedy Architects Rankins Brae 93 Marine Parade Sandbank Kirn Argyll Dunoon PA23 8QB PS23 8HQ SERVED BY: ARGYLL AND BUTE COUNCIL, KILMORY, LOCHGILPHEAD 1. THIS IS A FORMAL NOTICE which is served by Argyll and Bute Council, under Section 145 of the Town and Country Planning (Scotland) Act 1997, because it is considered that a condition imposed on the grant of planning permission, relating to the land described below, has not been complied with. It is considered that you should be required to comply or secure compliance with the condition specified in this notice. 2. THE LAND AFFECTED BY THE NOTICE The site to which this notice relates (shown edged in red on the attached plan) forms an area of land known as Holy Loch Marina, Rankins Brae, Sandbank, Dunoon, Argyll & Bute. 3. THE RELEVANT PLANNING PERMISSION The relevant planning permission to which this notice relates is the permission granted by Argyll and Bute Council on 25th January 2007, for the formation of marina and port development comprising: expansion of existing marina to provide an additional 300 berths, floating breakwater, infilling and land reclamation to provide 361 car parking spaces, erection of licensed restaurant/shop, retail units, pier services building/offices: construction of commercial pier including weigh bridge and causeway, car parking and bark storage area, erection of retaining wall, formation of new port and marina vehicular entrances, new bus stop and widening of A815. 4. BREACH OF CONDITION The following conditions have not been complied with: 3. No development shall commence until a Flood Risk Analysis is submitted in respect of the existing and proposed drainage requirements for all properties adjacent to the proposed development in order to protect the existing properties and A815 road corridor. The A815 road drainage (including the watercourse at the northern boundary of the development) shall be connected to the proposed development system or extended to a sea outfall and full details shall be provided for the extension of all drainage provision through the works with details in accordance with the Council’s construction standards. Details shall be provided, in accordance with MHW Specification, for the extension of all existing watercourses through the development including the provision of disconnecting manholes in the new eastern footway and for service manholes on each buried watercourse at centres not exceeding 50m within the development. All culvert/pipe extensions shall be designed for the 1 in 200 year flood event. Details of any proposed culverts or control structures affecting the bed, banks, or flow of any watercourse shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA prior to the commencement of any of the operations hereby approved. All drainage work shall be carried out in accordance with a programme to be agreed in writing by the Planning Authority. Reason: To ensure that the drainage of the site and adjoining land is not affected and that existing watercourses are not polluted or otherwise adversely affected. 4. Prior to the commencement of any works, full details shall be submitted indicating the revised development levels and freeboard in respect of the potential for ponding to take place, and that the floor levels of all buildings on site will be 150mm above surrounding ground levels. Details shall also be submitted in respect of surface water drainage including surface water attenuation storage which shall be re-designed to take account of the A815 road drainage, drainage at the rear of Clyde to Miller Cottages and run-off from the boat storage/seasonal overspill parking area. Additionally, revised calculations shall be submitted to confirm that there will be no overtopping of the proposed drainage system at the 1 in 200 year event with these drainage additions. Reason : To ensure that the proposed development will not be prone to flooding or inundation. 6. Prior to each phase of the dredging works, an assessment of potential contamination shall be carried out by a competent person and reported on to the satisfaction of the Planning Authority in conjunction with Public Protection. The assessment should seek to define any risks to the development posed by contaminated material, and make recommendations as to the requirement for any actions necessary to render the material suitable for the proposed use. The recommendations shall be agreed in writing with the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of the development. Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development. 7. Where the investigation required by condition 6, has indicated that action is necessary to render the dredged material suitable for the proposed use, a remediation plan shall be devised by a competent person and reported, to the Planning Authority, in consultation with the Public Protection Service. The remediation plan shall be agreed in writing, to the satisfaction of the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of that phase of dredging. The plan should include details of the methodology that will be employed to demonstrate that the dredged material will be rendered suitable for the proposed use. Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development. 8. The remediation works shall be carried out as detailed within the remediation plan approved under condition 6, unless otherwise agreed, in writing, with the Planning Authority, in consultation with the Public Protection Service. Upon completion of remediation works a completion certificate shall be issued, by a competent person, certifying that the works identified within the remediation plan have been carried out in accordance with the plan. Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development. 12. Prior to the installation of any boundary fencing (including security fencing) and other boundary treatments, the applicant/developer shall submit full details including alignment, design, height and colour for the written approval of the Planning Authority prior to their use on site. Reason : To allow the Planning Authority to consider these aspects in detail. 13. Prior to the installation of any external lighting on any part of the site (including construction lighting), full details of a scheme of external lighting (that demonstrates that low-intensity lighting has been used wherever possible) to be used within the site, including mast lighting, pier lighting, all buildings and construction lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, period of operation, angle of direction and wattage/intensity of each light, which shall be so positioned to prevent any glare or light spillage especially outwith the site boundary, having regard to the Institute of Lighting Engineers Guidance in consultation with Public Protection. Reason : In order to minimise the effect of light pollution and in the interests of surrounding amenity. 16. Prior to the commencement of any construction works on site, a finalised Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA and Public Protection. This plan shall include full details of: construction and operating times, environmental management issues and mitigation measures to be adopted, construction traffic routes and operations, staff car parking and accommodation on site, control of dust, noise, waste disposal, cleaning of vehicles, foul drainage and control of site drainage, contamination, air quality and vibration. The plan shall also address issues such as the potential sources of particulates, mitigation measures to be adopted to control particulate emissions and the methods of monitoring and recording matters relating to particulate control, with reference to Planning Advice Note 50. The dust management plan approved shall be implemented commensurate with the commencement of the proposed operation. All aspects contained within the finalised Construction Environmental Management Plan (CEMP) shall be carried out in accordance with the details and conclusions of the CEMP, together with any required mitigation requirements. Reason: To ensure that the construction of the site is suitably controlled and in respect of residential amenity, road safety and in the interests of public health and amenity. 17. Each individual phase of the development, as indicated on ‘Development Phasing’ drawing no. 1335/08 received 7th September 2006, shall be completed in accordance with the approved plans before any works commence on a subsequent phase, unless otherwise agreed in writing with the Planning Authority. Reason: In order to ensure that a phased approach is undertaken in the development of the entire site. 18. Prior to the commencement of any works, measures shall be put in place to ensure that all vehicles
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