DEVELOPMENT SERVICES Local Members - Currie, Horn & McAlpine PLANNING APPLICATION REPORT Date of Validity - 27 th March 2007 MID , KINTYRE AND Committee Date - 6th June 2007

Reference Number: 07/00579/DET Applicants Name: Highlands & Islands Enterprise Application Type: Detailed Planning Permission Application Description: Installation of pontoons Location: The Stone Pier, , Isle of Jura

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Seasonal installation, between the months of April to October, of 20.0 metre long x 2.5 metre wide pontoon with a permanent connection to the existing stone pier by a 10.0 metre long by 1.5 metre wide access bridge.

(ii) Other Specified Operations:

• Installation of low level lighting units; • Surface dressing of existing stone pier.

(B) RECOMMENDATION

It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This proposal is to install pontoons on a seasonal basis at the listed pier at Craighouse, for use by the proposed Crinan – Craighouse passenger ferry and by visiting yachts and other vessels. The proposal is consistent with adopted and emergent development plan policy an there are no objections raised by consultees.

Sixteen letters of representation have been received, eight of which raise objections and eight of which express support for the proposal.

An accompanying application for listed building consent follows this application on the agenda.

Angus J Gilmour Head of Planning 14 th May 2007

Author: Peter Bain – 01546 604082 Contact: Richard Kerr – 01546 604080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 07/00579/DET

2. The pontoons and access bridge, hereby approved, shall be fully removed from the site between the 1 st November and 31 st March in any calendar year unless otherwise approved in writing by the Planning Authority.

Reason: In accordance with the seasonal time periods specified in the application.

3. Prior to the commencement of development a sample of the natural stone facing to be applied to the ramped access plinth shall be submitted to and approved in writing by the Planning Authority in consultation with Historic .

Reason: In the interests of visual amenity and to ensure that the proposals do not adversely affect the architectural and historic character of the existing pier.

4. The development hereby permitted shall not commence until the arrangements for waste storage have been submitted to and agreed in writing by the Planning Authority. No development shall commence on site until such time as the duly approved waste storage arrangements have been implemented to the satisfaction of the Planning Authority.

Reason: In order to protect the amenities of the area.

5. The development hereby permitted shall not commence until full details of external lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary. The design, installation and operation of any external light units shall have regard to the Institution of Lighting Engineers’ Guidance on The Reduction of Light Pollution . For the purposes of that guidance, this site should be considered to be in Environmental Zone E2: Low district brightness area.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

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APPENDIX RELATIVE TO APPLICATION 07/00579/DET

A. POLICY OVERVIEW

‘ Structure Plan’ 2002

STRAT DC 1 – Gives encouragement within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off and redevelopment sites; in exceptional cases medium or large scale development may be supported.

STRAT DC 8 – Seeks to resist development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape.

STRAT DC 9 – Seeks to resist development that damages or undermines the historic, architectural or cultural qualities of the historic environment.

‘Islay, Jura and Colonsay Local Plan’ 1985 and (1 st review & alteration) 1988

POL RUR 1 – Seeks to resist prominent or sporadic development which would have an adverse environmental impact upon the Jura National Scenic Area.

POL RUR 2 – Sets out the criteria against which the Council will assess development proposals within the Jura National Scenic Area.

POL TOUR 1 – States that the Council will continue to support tourism in the islands and will encourage appropriate developments which assist in the achievement of this objective.

POL TOUR 3 – Gives encouragement to the development of tourism development provided that they do not conflict with either the landscape quality of the Jura National Scenic Area; and/or nature and heritage conservation.

POL BE 1A – Seeks to resist development which would have a detrimental impact upon the architectural or historic value of a listed building.

‘Argyll and Bute Local Plan’ (modified finalised draft) 2006

P/DCZ 1 - gives spatial expression to ‘settlement areas’ established by Structure Plan Policy STRAT DC 1, thereby supporting the principle of up to ‘small scale’ development within the ‘settlement area’ of Craighouse. This proposal and the Craighouse ‘settlement area’ has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP ENV 1 – Sets out the criteria against which the Council will assess all planning applications. This proposal has been the subject of representation as part of the local plan process, and therefore may not be afforded significant weight in the determination of the application.

LP ENV 9 – Seeks to resist development which would have an adverse effect upon the Jura National Scenic Area (NSA). This proposal has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP ENV 13(a) Seeks to resist development which will have an adverse impact upon the historic or architectural character of a listed building. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP ENV 18 – Sets out the criteria against which the Council will assess planning applications involving the enhancement and re-use of existing buildings. This policy has not been the subject

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of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP ENV 19 – Requires new development to accord with a high standard of layout and design which accords with the principles set out in Appendix A of the emergent local plan. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP CST 1 – Sets out the criteria against which the Council will assess planning applications for coastal development within the identified ‘settlement area’. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP TOUR 1 – Sets out the criteria against which the Council will assess planning applications for tourism development. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP TRAN 2 – Seeks to encourage links between new development and existing public transport networks. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

LP TRAN 8 – Seeks to encourage the further development of existing piers and harbours for marine leisure and recreational purposes. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

A related application for listed building consent (ref. 07/00569/LIB) appears elsewhere on the agenda.

(ii) Consultations

• Area Environmental Health Manager (received 12.04.07) – No objections subject to conditions in respect of waste management and control of lighting.

It is noted that complaints have previously been received by the Council in respect of the accumulations of refuse in Craighouse which allegedly originate from visiting yachts and is exacerbated by fortnightly refuse collections. It is understood that additional refuse storage has been provided in the vicinity of the pier, however it is advised that the current proposal, which could result in the increased use of refuse storage facilities by visiting yachts, should not commence until such time as arrangements for waste storage have been agreed with the Planning Authority.

It is also suggested that, in order to protect the amenity of the surrounding land uses/properties from potential light pollution that full details of external lighting be submitted for approval of the Planning Authority.

• Area Roads Manager (10.05.07) – No objections.

(iii) Publicity

The proposal has been advertised under the provisions of Article 9 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992 for the purposes of neighbour notification. To date, fifteen letters of representation have been received in respect of the proposal.

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Eight letters raising objections to the proposal have been received from: Stephen R. Martin, Jura Stores, Craighouse, Isle of Jura (received 29.03.07); Mrs E. Rhona Paton, Craighouse, Isle of Jura (10.04.07); Duncan Buie, The Pier House, Craighouse, Isle of Jura (12.04.07); John Fulton, Tornagrain, Shandon, Helensburgh – Factor for the owners of Milton House, Craighouse, Isle of Jura (15.04.07); Andrew Fairman, The Whitehouse, Ardfarnal, Isle of Jura (17.04.07); W I Nicholson (and on behalf of Mrs Jill Fulton & Mrs Gay Black), Milltown, Craighouse, Isle of Jura (26.04.07); Mrs Rose Fletcher, Estate, Isle of Jura (27.04.07). The various issues raised are summarised as follows:

• That the proposed sign is to be erected on land outwith the applicant’s ownership and will block the view from adjacent property.

Comments: It is noted that the applicant has confirmed in writing that they no longer intend to erect any signage as indicated on the submitted plans and that, consequently, this element may be deleted from the proposal.

• That the proposed low level lighting will restrict vehicle movement and access.

Comments: The applicant has subsequently confirmed that the proposed type of lighting units to be utilised will be recessed into existing ground/pier levels and will not impede access.

• That cabling routes to serve the development run across land outwith the control of the applicant and that no permission has been sought or given for installation of such cabling.

Comments: The installation of underground electric cabling does not require the benefit of express planning permission. The ability of the applicant to obtain a wayleave to install cabling is a civil matter and as such is not a material planning consideration. In any event, the applicants have indicated that the lighting units would be solar rather than mains powered.

• That the application does not include for any provision of waste disposal facilities to serve the increased use of the pier.

Comments: The Area Environmental Health Manager has advised that a planning condition be imposed requiring the provision of waste disposal facilities adequate to serve the needs of the development.

• That the proposal will result in additional persons utilising a route across private property to access the pier. The applicant has not provided any information as to whether or not appropriate insurance cover will be provided to indemnify the private land owner against possible claims by any persons having an accident on this route.

Comments: In the first instance it is noted that access to the pier is freely available at present. Secondly, it is advised that the requirement for public liability insurance is a civil matter which would require to be resolved between the affected parties and is not a material planning consideration.

• That the stone pier is a category B listed building and a landmark of Jura which has featured in a variety of publications since the 1880’s to present day Ordnance Survey Map covers.

Comments: Minimal alterations to the fabric of the existing pier are required to facilitate the development. In this respect the proposal is essentially a ‘reversible’ intervention to the listed structure and as such is not considered to have a significant adverse impact upon the architectural or historic value of the pier. Furthermore, it is noted that the pontoons and access bridge would be removed between November and March.

• That the installation of pontoons will interfere and restrict the use and enjoyment of the existing pier.

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Comments: The existing pier is privately owned and as such any agreements between the pier owners and existing users which may be affected by the proposed development are civil issues which will require to be resolved between the affected parties and, as such, are not material planning considerations.

• That the installation of an unlit ‘extension’ to the seaward side of the existing pier structure will result in a hazard to boat users.

Comments: It is noted that the existing pier is an unlit. In this respect it is unlikely that the proposal will present a significant hazard to boat users; in any event it is the responsibility of the pier owner/operator to ensure compliance with marine navigation requirements and as such this is not a material planning consideration.

• That the installation of the pontoon would ‘threaten the future of the Jura Regatta’ as the pontoon would be sited upon the location of the finishing line for this event.

Comments: It is noted that the installation of the pontoon will not block the channel between the existing pier and the Small Isles and as such it is not inconceivable that the finish line for this event could be relocated to accommodate the development. In any event, the use of the pier for such an event is at the discretion of the private owners and as such this issue is a civil matter which would require to be resolved between the affected parties and is not a material planning consideration.

• That the concrete fixings for the access ramp will prevent access to the end of the existing stone pier.

Comments: The existing pier is in private ownership. The proposed installation of an access ramp will not prevent pedestrian access to any part of the pier. In respect of vehicular access, it is noted that it should still be possible to take vehicular access to the end of the pier as a 4m wide access corridor (utilising 1m of ramp) would be kept clear allowing for vehicle access if necessary. In any event the issue of access rights over the pier is a civil matter and is not a material planning consideration.

• That the development could be acceptably accommodated at other sites in the locality.

Comments: The current application requires to be assessed on its own merits; the availability of alternative sites for the development is not a material planning consideration.

Eight letters in support of the proposal have been received from: Dick Mayes, Chairman of Isle of Jura Initiative at the Edge Committee, Service Point, Craighouse, Isle of Jura (received 18.04.07); Miss Deborah Bryce, stated as a resident of Jura (no reply address provided) (23.04.07); Mr Martin Boyle, stated as a resident of Jura (no reply address provided) (23.04.07); Mrs K.H.Johnson, Schoolhouse, , Isle of Jura (23.04.07); Elaine Campbell, 1 Small Isles Cottages, Craighouse, Isle of Jura (24.04.07); Rev. George Campbell, The Manse, Craighouse, Isle of Jura (24.04.07); Joan Moran, 6 Woodside, Craighouse, Isle of Jura (25.04.07) and the proprietor of the Jura Hotel (letter dated 24.04.07). The various issues raised are summarised as follows:

• That the proposal will greatly benefit islanders and visitors by enabling the provision of a passenger only ferry service between Jura and the mainland.

• That installation of the pontoon will bring significant benefit to the local economy, not only by providing an alternative tourist route to Jura by ferry, but also in the form of improved facilities for visiting yachts.

• The project will mean that the pier will now be maintained, whereas this has been sadly lacking over the years.

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(iv) Assessment

The proposal is an application for detailed planning permission relating to the installation of a new pontoon and access bridge to an existing pier within the settlement of Craighouse on Jura.

The existing pier is of ‘L’ shape plan, of random rubble construction by Thomas Telford in 1814 and is a category B listed building. A related application for listed building consent has also been submitted by the applicant. The provisions of STRAT DC 9, POL BE 1A and LP ENV 13(a) would all seek to resist development which would have a significant detrimental impact upon the architectural or historical value of the pier.

Furthermore the application site is located within the Jura National Scenic Area and consequently requires to be assessed against the provisions of STRAT DC 8, POL RUR 2 and LP ENV 9, all of which would all seek to resist development which would have a significant adverse impact upon the designated area.

Environmental Impact:

The proposal is essentially for the extension of an existing, privately owned, stone pier through the attachment of a 20m pontoon to the existing structure. This will entail the seasonal installation, between April and October, of two 10.0 x 2.5 metre long pontoons constructed of galvanised steel frames with GRP marina decking which will be joined end to end to form a single length and will be connected to the end of the existing pier by a 10.0 x 1.5m galvanised steel access bridge. The access bridge will be mounted on a 2.0m (wide) x 3.0m (long) x 0.35m (high) ramped concrete plinth (to be faced in natural stone) which will conceal a steel bracket attached to the existing stone pier.

The visual impact of the proposed development will be contained within Small Isles bay. Viewed from the shop/post office the proposed development will have little impact upon existing panoramic views out across the bay as the pontoon itself will largely be hidden from view by the existing pier in the foreground, with only the small concrete plinth and access ramp visible. In the wider setting the pontoon will be viewed against a the backdrop of a developed coast which includes a substantial commercial pier, a number of small jetties, the existing stone pier (to which the pontoon will be attached) and, numerous moorings and small boats within Small Isles bay. Furthermore, the proposed pontoon has been applied for on a seasonal basis and is to be removed during the winter months with only the ramped plinth and lighting remaining on a permanent basis. It is the consideration of the Planning Department that the proposal would not result in either prominent or sporadic development which is out of character with the wider landscape setting, and as such will not have an adverse impact upon the designated Jura National Scenic Area. Consequently the proposal is consistent with the provisions of STRAT DC 8 of the Structure Plan, POL RUR 1 and POL RUR 2 in the Islay, Jura and Colonsay Local Plan and LP ENV 9 in the emerging local plan.

The proposed lighting units to be installed are low level, solar powered units which will be recessed into the existing pier structure; it is unlikely that such units would result in loss of residential amenity from light pollution. As a precaution however, the Area Environmental Health Manager has requested that a planning condition be imposed requiring full details of the siting, design and positioning of any lighting required for the development to be submitted for approval.

Locational/Operational Requirement:

The proposal is required primarily to provide a suitable berth in deeper water for a proposed passenger only ferry service between Craighouse and Crinan Harbour. The proposed pontoons will also include tie up spaces for small boats and dinghies. The applicant has indicated that, in the event that planning or listed consent were not forthcoming, it is likely that the proposed passenger ferry may still be introduced to provide a reduced service utilising the existing pier structure, as and when tidal conditions allow.

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Economic Benefit:

The applicant has not submitted a specific claim of economic benefit; it is however anticipated that the establishment of a passenger ferry link with the mainland and the provision of additional and improved facilities for local boats and visiting yachts will result in a wider economic benefit to the Island.

Impact Upon Natural and Built Heritage Resources:

The existing ‘L’ shaped stone pier to which it is proposed to attach the pontoon is a category B listed building built by Thomas Telford in 1814; a separate application for listed building consent (ref. 07/00569/LIB) appears elsewhere on the agenda. The existing pier continues to be used by both Islanders and visiting yachts as a landing which provides access to the heart of Craighouse. The current proposal involves very little in the way of physical alterations to the actual fabric of the existing structure. In this respect development is limited to the ramped plinth to which the access ramp will be attached, the installation of lighting recessed into the pier and application of a light gravel dusting to address localised trip hazards. The proposed development is essentially of a temporary nature in that the pontoons and access bridge are to be removed from site during the months of November to March. The installation of the concrete plinth, lighting and surface dressing are minimal in nature and, essentially, are reversible interventions to the fabric of the existing structure. It is considered that the proposal would not adversely impact upon either the architectural or historic value of this category B listed structure, and as such is, considered to be consistent with the provisions of STRAT DC 9 of the Structure Plan, POL BE 1A of the Islay, Jura and Colonsay Local Plan and; LP ENV 13(a) in the emerging local plan.

There are no natural heritage designations within or in the immediate vicinity of the application site boundary.

Infrastructure & Servicing Implications:

The principle purpose of the proposed development is to facilitate a proposed new passenger ferry link between Craighouse and Crinan Harbour. The Jura Bus service presently stops at Craighouse Post Office at the end of the pier and would allow onward connections within Jura and to Islay by public transport. In this respect it is advised that material weight may be given to the proposal in respect of improving transport links to the Islands as supported in the emerging local plan by draft policies LP TRAN 2 and LP TRAN 8.

The proposal would also result in an improvement to the ease of access to the water from that of the existing pier and will provide an increased tie up area for small boats; in this respect it is considered that the proposal would improve an existing tourist facility consistent with the provisions of policies POL TOUR 1 and POL TOUR 3 in the Islay, Jura and Colonsay Local Plan and supported in the emerging local plan by draft policy LP TOUR 1.

The Area Roads Manager has not raised any objections to the proposal. However, the Area Environmental Health Manager has raised some concerns in respect of the provision of a refuse collection facility which would be adequate to meet the requirements of visiting boats; this issue may adequately be dealt with by planning condition.

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