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Colintraive Hotel Argyll and Bute Council Development & Infrastructure Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No : 12/02153/ADV Planning Hierarchy : Local application. Applicant : Colintraive Hotel Proposal : Painted advertisement on seawall Site Address : Seawall West of A886 generally South West of Cul Mhor ____________________________________________________________________________ DECISION ROUTE (i) Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Advertisement Consent Display of painted advertisement on seawall (retrospective) (ii) Other specified operations ____________________________________________________________________________ (B) RECOMMENDATION: It is recommended that Advertisement Consent be granted as a ‘minor departure’ to the provisions of development plan the subject to the standard conditions applicable to all advertisement consents. ____________________________________________________________________________ (C) HISTORY: No previous history _____________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager – (response dated 12.10.12): No objection ____________________________________________________________________________ (E) PUBLICITY: None required. ____________________________________________________________________________ (F) REPRESENTATIONS: Following receipt of the application, both supporters and complainants who had previously corresponded with the Planning Service were contacted and invited to make fresh representation. 14 representations have subsequently been received from third parties. Two representations in support have been received from Dr Lew-Chin Chee, Butesbhain, Colintraive PA22 (e-mail dated 29 October 2012) Jean Herbison, Cladach, Colintraive PA22 3AS (e-mail dated 29 October 2012) The following 12 parties object to the application: John Sutton, Gortan, Colintraive PA22 3AR (e-mails dated 5 & 31 October 2012) Irene McNaughton, 3 Ferry Bank, Colintraive PA22 3AR (e-mail dated 5 October 2012) Danielle and Graham Clark, 2 Ferry Bank, Colintraive PA22 3AR (e-mail dated 8 October Mr and Mrs R L and N M Perry, Tigh-na-Bhead, Colintraive PA22 3AR (e-mail dated 17 October 2012) Kirsteen Black, Losganbeag, Colintraive PA22 3AR (e-mail dated 29 October 2012) Mrs M Sinclair, 5 Ferrybank, Colintraive PA22 3AR (e-mail dated 30 October 2012) Eileen Sutton, Gortan, Colintraive PA22 3AR (e-mail dated 2 November 2012) Adrienne Macdonald, Faoilinn, Colintraive PA22 3AR (letter dated 1 November 2012) Robin Macdonald, Faoilinn, Colintraive PA22 3AR (letter dated 1 November 2012) Moyra Donald, Dunyvaig, Colintraive PA22 3AR (letter dated 2 November 2012) Irene McNaughton and Mr Sutton object on the following grounds: The Kyles of Bute is an area of National Scenic Beauty. Approval of the signage would set a difficult precedent particularly as the Kyles of Bute is a National Scenic Area. The hotel business is some distance from the advert and the sign is in front of private houses not the business in question. The sign is adjacent to a dangerous, derelict jetty which could cause injury to users of the foreshore. The sign implies all moorings are at the discretion of the advertiser. Mr & Mrs Clark object on the following grounds: The Kyles of Bute are an Area of National Scenic Beauty. It would set a precedent that seawalls in the Kyles of Bute and other areas of National Scenic Beauty, or anywhere else in Argyll and Bute or Scotland, can be used for advertising. The sign implies all moorings in the bay belong to the Colintraive hotel although only 5 moorings may belong to the hotel. The other moorings are privately managed by the Moorings Association. The signage is the equivalent of graffiti. Mr & Mrs Perry object to the visual “graffiti” like appearance of the sign and the negative impact it has particularly in proximity to the Kyles of Bute National Scenic Area. Again reference is made to the unfortunate precedent that could be set for Argyll if the sign were to be approved. The objectors also query the description of the sign dimensions as inaccurate, understating the true size. Kirsteen Black regards the sign as graffiti and an embarrassment to residents of Colintraive. Mrs M Sinclair and Eileen Sutton consider the sign unsightly and unsuitable for an area of natural beauty. Adrienne Macdonald feels that the sign is incompatible with Argyll’s Secret Coast. Robin Macdonald feels that the wall signs are inappropriate for the area. Moyra Donald considers that the signage is unnecessary Comment: These representations are fully addressed as part of the assessment below. ___________________________________________________________________________ (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A design or design/access statement: No (iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: No ____________________________________________________________________________ (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: No ____________________________________________________________________________ (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No ____________________________________________________________________________ (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. Argyll & Bute Structure Plan (2002) Policy STRAT DC 2 - Development in Countryside Around Settlement Argyll and Bute Local Plan (2009) Policy LP ENV 9 - Development Impact on National Scenic Areas Policy LP ADV 1 - Advertisements Appendix B – Advertising Design Principles (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. The Control of Advertisements (Scotland) Regulations 1984 The applicant has submitted a short statement in support of the application. In essence the applicant opines that the sign has existed for some time without adverse comment. It is important to her hotel business to retain this sign which is designed to advise mooring yachtsmen. The applicant also intimates an intention to obscure the second sign. ____________________________________________________________________________ (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No ____________________________________________________________________________ (L) Has the application been the subject of statutory pre-application consultation (PAC): No ____________________________________________________________________________ (M) Has a sustainability check list been submitted: No ____________________________________________________________________________ (N) Does the Council have an interest in the site: No ____________________________________________________________________________ (O) Requirement for a hearing (PAN41 or other): No ____________________________________________________________________________ (P) Assessment and summary of determining issues and material considerations In the ‘Argyll and Bute Local Plan’ the application site is located in Countryside around Settlement development control zone, adjacent to the village settlement of Colintraive. The applicant is the proprietor of the Colintraive Hotel. The applicant also owns the village shop and post office and maintains five private moorings for hotel customers’ use. Application is made for retrospective permission to site an advanced advertisement on the seaward side of the concrete seawall adjacent to the A886. The application is intended to regularise a breach of advertisement control following receipt of a complaint in June 2012 and subsequent enforcement investigation and challenge. The application sign is applied in white paint and large block lettering and it reads: “ WELCOME COLINTRAIVE HOTEL MOORINGS. SHOP. 01700 841207” Another larger and similarly styled sign referred to here as Sign 2 has recently been applied by the same applicant to the seawall immediately adjacent and to the South of the sign subject to the current application. Sign 2 reads: “MOORINGS ARE FOR PATRONS OF THE HOTEL DINERS HAVE PRIORITY PLEASE PHONE HOTEL ON ARRIVAL” The addition of Sign 2 along with other advanced roadside signs sited locally precipitated an enforcement complaint to the Planning Service. Sign 2 is not depicted on the applicant’s submissions and photographs. The applicant has attempted to obscure or obliterate the advertisement with a further application of white paint but the sign has not been removed satisfactorily and the effect of the painted out white lettering against the grey background of the concrete seawall is visually jarring. Although the applicant’s misjudged
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