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PLANNING APPLICATION: 15/00389/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications THE PROPOSAL Application to build 30 beach huts on dune land at North Beach Findhorn. Beach huts to be closely spaced together but staggered in a loose row with every second hut set back slightly from the huts on either side of it. The proposed huts will have an internal footprint of 2.09m x 2.5m and a ridge height of 3.16m, timber clad sides and a felt pitched roof. The huts will be of a traditional design and appearance and finished in various external colours (to be agreed). The huts will have no windows and only one door. The huts would sit 450mm above existing ground level on timber piles driven vertically into the ground, to minimise disturbance of the surface and in the event of extraordinary tides they should generally be flood proof but will be designed to allow any water ingress to escape through the floor. The huts will not be habitable, being used only as shelters with no services or infrastructure i.e. no water supply, electricity, drains or sewers, and surface water run-off from the roofs will go straight into the sand. The supporting information indicates that two huts are to be given to the community, and as many of the huts will be locally owned, they will not generate car journeys but some beach hut users arriving by car will probably use the existing car park. THE SITE The site area as defined extends to 1500sq m, forms part of the north beach and is located above the high water mark. The site is rectangular in shape with a frontage of 99m extending along the beach. The east and west boundaries of the site are defined by existing boardwalks which provide access to the beach and across the sand dune complex to/from the car park to the south of the site. The huts will sit on the edge of the dunes which provide a backdrop to and from the southern boundary to the site and above the shingle and sand parts of the beach. The site is identified as part of the Findhorn ENV6 designation in the Moray Local Plan 2008. The site is part of the Findhorn Bay Local Nature Reserve and the Culbin, Findhorn Bay and Burghead Site of Interest to Natural Science (based on geological and biological interests). HISTORY 14/02040/PE - Pre-application advice on the principle of development including identification of further information required for any formal application to demonstrate that the proposal is compatible with policies to safeguard the natural environment and is acceptable in terms of its siting, design and servicing, and not otherwise contrary to policy. POLICY - SEE APPENDIX ADVERTISEMENTS Advertised for neighbour notification purposes. Advertised as a departure from the development plan. CONSULTATIONS Development Plans - No objection. The proposal complies with Policy E2, E4, ED9 and IMP1. As a low intensity, recreational/tourist use, beach huts could significantly enhance and add distinctiveness to Findhorn as a tourist destination. Based on advice from SNH including the localised impact on dune habitat not being likely to result in significant adverse impacts on natural heritage interests, the proposal complies with policy E2 (Local Nature Conservation and Bio-diversity). The site is within an ENV designation in the Moray Local Plan 2008 therefore policy E4 (Open Spaces) applies. Policy ED9 (Tourism Facilities and Accommodation) also applies. The huts would have economic benefits for the whole village by encouraging new visitors to the area and encouraging locals to stay. It is also noted that two huts are to be donated to the community which have the potential to generate rental income. Whilst the proposal is not considered to clearly outweigh the value of the open space, the potential tourism and long-term economic benefits to the wider community that could be generated from this proposal, increasing Findhorn's profile as a tourist destination, could be considered to satisfy Policy E4 and ED9. Together with the existing car park, the site is on an area of the beach that already has relatively high footfall and has already been modified, making it suitable for beach huts. The topography of the surrounding area will reduce the visual and landscape impacts and visibility from the village and the car park. Whilst the principle of the development can be supported, there are concerns about the scale of the proposal. Based on the sustainable design of the huts, the compact nature of the layout in an already well-used part of the beach and the consultation response from SNH, the proposal is deemed an appropriate location for this development and therefore complies with Policy IMP1. The Findhorn Village Conservation Trust has made a representation to locate hard standing and associated facilities for touring motor homes to park overnight, a matter subject to the Examination of the Local Development Plan. In 2014 it was agreed that "The Council recognises that the Findhorn Village Conservation Company is investigating the feasibility of various projects in the village and the Council would, in principle, support sensitive projects within the village which support tourism. There are limited details available about the project at this time. If the reporter is so minded the Council would not object to the two parking areas adjacent to the foreshore should be re-designated as "ENV9 Other functional greenspaces" under the terms of Policy E5, with wording added to the Plan to indicate that in principal, parts of these established parking areas could be used for overnight camper van parking, subject to the principal use of public car parking and the wider environmental value of the area not being compromised." Environmental Health - No objection. Contaminated Land - No objection. Environmental Protection - No objection. Transportation - No objection. No additional parking required. Moray Floor Risk Management - No objection. The site is a coastal area and there is a risk of coastal erosion. The site is located on dunes above the Mean High Water Spring. It is adjacent to the medium likelihood (1 in 200 year) flood extent, based on SEPA's Flood Map and may be at risk of flooding. The risk to property and to life is considered to be of low risk given the low value of the beach huts and the huts will be occupied only temporarily with safe egress available. Any approval must be subject to conditions to ensure that the huts are not habitable and are used only as shelters, and set on piles at a minimum of 450mm above the existing ground level. It is recommended that occupiers are made aware of the risks of flooding and sign up to the SEPA Floodline direct warning service. Flood resilient materials should also be used. Scottish Environment Protection Agency - No objection. The site adjacent to the indicative 1 in 200 year flood extent and is for a water-based recreational use. The beach huts on the sand dune will be used as shelters and are not habitable or have any associated services and the beach huts are considered to be a less vulnerable use. SPP discourages development within the functional flood plain but recognises that exceptions can be made for some recreation, sport, amenity and nature conservation uses. Given the coastal location and as the proposed use is essential for water-based facilities, the exception in SPP applies in this instance. It is recommended that the huts be sited above the 1 in 200 year water level (approx. 3.23mAOD) where possible. SEPA welcome the fact that huts will be designed to be floodable with water ingress allowed to escape through the floor. It is also noted that the sand dunes can be expected to retreat in the long term. Scottish Natural Heritage - No objection. The proposal is unlikely to have any significant adverse impacts on natural heritage interests. The proposed footprint of the huts will cause some dune habitat loss which could include species such as purple milk-vetch and lichen species but such impacts could be minimised through careful ground preparation and construction techniques (and should be overseen by an ecologist retained to oversee construction). The overall impact would be localised and any habitat lost represents a small proportion of overall area of habitat of this type found in Moray. Findhorn & Kinloss Community Council - Object on the grounds that the benefit of the proposed use does not outweigh the value of the green space as required by Policy E4 and that the 'Natural Environment' of this site will not be 'conserved and enhanced' by this development as required by Policy E2. The site identified is shown as ENV6 in the 2008 Moray Local Plan and as such Policies E2 and E4 apply to this site. Findhorn & Kinloss Community Council identify local opinion to be against this application, an opinion based on the considerable number of comments recorded on the Moray Council's Planning website, in particular the adverse comments regarding 'The Natural Environment', and 'The View', both important considerations for the bio-diversity and amenity of this site. Other comments concern, among other points, 'the over development 'of the site. OBJECTIONS-REPRESENTATIONS NOTE: Following the determination of this application, name and address details will be/have been removed (i.e. redacted) in accordance with the Data Protection Act (paragraph 3 of Minute, Planning & Regulatory Services Committee 16 September 2014). a) 175 representations and 1 petition in OBJECTION
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