and Bute Council Development 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) () Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ______

Reference No: 09/00282/DET

Planning Hierarchy : Local

Applicant : West Highland Housing Association Ltd.

Proposal : Erection of new progressive care facility, 3 staff houses and associated works.

Site Address : Land North East of Java Houses, , . ______

DECISION ROUTE

(i) Local Government Scotland Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of new progressive care facility; • Erection of 3 dwellinghouses; • Construction of Plant Room; • Construction of access with public road

(ii) Other specified operations

• Biobox and hopper store; • Construction of private access road; • Provision of drainage infrastructure. ______

(B) RECOMMENDATION:

Recommend that planning permission be granted subject to the conditions and reasons listed in the report. ______

(C) HISTORY:

04/02299/OUT - Site for the Erection of Progressive Care Centre, Land North East of Java Houses, Craignure, Isle of Mull – Withdrawn 17 th May 2007. ______

(D) CONSULTATIONS:

Area Roads Manager (23.04.2009) - No objection, subject to conditions. Scottish Environmental Protection Agency (02.04.2009) – No objection. Scottish Water (03.06.2009) - No objection. Public Protection (06.04.2009) - No objection. ______

(E) PUBLICITY:

Section 34 and Article 9 Advert, date of expiry - 02.04.2009 ______

(F) REPRESENTATIONS: Three in support of the proposal from the following:

Elizabeth Bland, 6 Tor Mor View, , Isle of Mull.

Fiona Brown, Tigh Na H'Abhann, Kinloch, Pennyghael, Isle of Mull, PA70 6HB.

William G Thomson, Chairman, Progressive Care Centre Company, Caol Muile, Craignure, Isle of Mull, PA65 6AY.

(i) Summary of issues raised

• Support is expressed for the development in principle and for its impressive arrangement of facilities.

• Matters of detail relating to suggestions for fitting out the building in relation to mobility scooter storage, lift provision, drying facilities, ventilation, central heating and waste/recycling storage are raised.

Comment: These are not a material planning considerations but they have been. brought to the attention of the agent.

• As Mull Community Councillor for Pennyghael I wish to express that this community are in favour of this application for the erection of a new progressive care facility and the erection of 3 staff houses.

• I write on behalf of the Mull and Progressive Care Centre Company to strongly support this application by West Highland Housing Association to build a Progressive Care Centre on land at Java. This centre will be a valuable asset for the community, and is essential to replace Dunaris sickbay which has been condemned.

(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: Yes – this is incorporated into a supporting statement.

Supporting Statement A Justification Statement and Report in Support of the Planning Application has been submitted, dated March 2009, which, the ‘operational justification’ may be summarised as follows:

Background:

• In 1998, the only private Nursing Home on Mull closed and all of the residents were transferred to mainland homes. The only residential care home left on the island was the Dunaris Sick Bay which could only hold seven residents. Anyone requiring residential nursing care had to be transferred to the mainland.

• The Mull and Iona Community Care Association, MICCA, (now defunct) brokered a public meeting where the Progressive Care Centre Steering Group was started with representative from the MICCA, Community Council and the Community Trust with the objective of building a Progressive Care Centre (PCC) on Mull. A Trust fund was started and generated a lot of support.

• Various charities and banks were approached, most of whom promised to help to the extent that they could have raised well over 1 million for this facility. However, a business case at that time in 1998/1999 suggested that there would be issues with Revenue Funding with a probable defecate in excess of £100,000 annually.

• The PCC Group decided to approach the Health Board and Social Work Department to ask for their help in revenue funding. This they were very willing to do but only if a Partnership was formed and the whole project was brought together with West Highland Housing Association, Communities Scotland, the local PCC Steering Group and themselves.

• There was then a report from the Scottish Health Advisory Services advising that the existing Dunaris did not meet the new standards laid down by the Residential Care Commission and recommended a complete replacement to the new standards.

• The PCC Steering Group had been searching for a suitable site for several years and even before the Partnership was proposed and eventually after looking at 9 sites, the site at Java was identified as a potential.

• It was agreed that the new facility should provide supported residential houses, social work department together with a small community hospital outpatients department together with staff accommodation, to replace the existing facility at Dunaris. There was also an opportunity at this stage to provide in addition to the purpose built building which meets all the Care Commission and Health Board requirements and that it could also provide potential for expansion, should that be required in the future.

Purpose of the project • The purpose of the project is to deliver fundamental change in the way in which housing, social care and health services are delivered to the people of Mull and Iona. The key focus of the project is to enable and facilitate joint working between the service providers with the aim of maximising the potential for people to remain in their own homes and communities. Key components of the redesigned services

• Encouraging people to support themselves, adopting safe and healthy lifestyles, maintaining self confidence and independence are key features of the proposed service delivery. Local services will focus on being a resource which people can use every day to look after themselves and maintain their independence. Mull and Iona have a history as a community that cares for itself – the project will build on this strength.

• The frontline for service delivery will be focused on supporting people in their homes. Services provided by all the agencies will be tailored to suit personal needs and circumstances, maximising choice and designed to be attractive to users. A proactive approach will be taken to identify those at greatest risk from social problems and serious illness so that they can be offered support and preventative services with the aim of early intervention and avoidance of crises.

• Joint community care services will be designed as a one-stop gateway to housing, social care and health services. The project will provide access for everyone living in this remote rural community to a range of modern, integrated services delivered locally but with good access to more specialised services when these needs arise and cannot be met locally.

• Locally provided and supported accommodation will concentrate on maintaining and restoring independence and on rehabilitation with the aim of either returning people to their homes as soon as possible or maximising their potential to live independently within a supported environment.

• Delivering the change required to bring about a modern and integrated housing, social and health care service for the people of Mull and Iona will require an investment in staff. Investment will be needed to offer these staff a better deal in their working lives and to encourage them to work in remote and rural areas. To assist recruitment and retention, staff housing will be provided. ______

(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.

‘ Structure Plan’ 2002

STRAT SI 1 Sustainable Development STRAT DC 1 Development within the Settlements STRAT HO 1 Housing Development Control Policy

‘Argyll and Bute Local Plan’ 2009

LP ENV 1 Development Impact on the General Environment LP ENV 7 Development Impact on Trees/Woodland LP ENV 19 Development Setting, Layout and Design LP HOU 1 General Housing Development LP HOU 2 Provision of Housing to meet Local Needs Including Affordable HousingProvision LP SERV 1 Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systemss LP SERV 2 Incorporation of Natural Features/Sustainable Drainage Systems (SuDS) LP SERV 4 Water Supply LP SERV 5 Waste Related Development and Waste Management in Developments LP TRAN 2 Development and Public Transport Accessibility LP TRAN 4 New and Existing, Public Roads and Private Access Regimes LP TRAN 6 Vehicle Parking Provision LP COM 1 Community Facility Development

(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.

• Town and Country Planning (Scotland) Act 1997 (as amended); • The design of the proposed development and its relationship to its surroundings; • Access, provision of infrastructure and planning history of the site; • Views of statutory and other consultees; • Third party representations expressed on legitimate planning matters.

______

(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: Yes. Regulations require that all Local Authority Interest applications are determined by Committee. ______

(O) Requirement for a hearing (PAN41 or other): No

______

(P) Assessment and summary of determining issues and material considerations

The proposal seeks the erection of a new progressive care facility and 3 staff houses and associated works. The proposal is considered to be consistent with the relevant planning policies listed within the report. Consultees have no objections to this proposal, subject to conditions. Three letters of support have been received. ______

(Q) Is the proposal consistent with the Development Plan: Yes ______

(R) Reasons why Planning Permission should be granted: The proposal is consistent with relevant policies of the 'Argyll and Bute Local Plan' 2009 and there are no other material considerations which weigh against the presumption in favour of development supported by the development plan. ______

(S) Reasoned justification for a departure to the provisions of the Development Plan

Not applicable.

______

(T) Need for notification to Scottish Ministers or Historic Scotland: No ______

Author of Report: Arlene H Knox Date: 28.08.2009

Reviewing Officer: Richard Kerr Date: 01.09.09

Angus Gilmour Head of Planning

CONDITIONS AND REASONS RELATIVE TO APPLICATION 09/00282/DET

1. That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. The development shall be implemented in accordance with the details specified on the application form dated 3rd March 2009 and the approved drawing reference numbers: 24140327-D4000, 120206-A1-100-A, 120206-400, 120206-A1-210-A, 120206-401, 120206-321, 120206-A3-250, 120206-A3-320, 120206-A1-200-B 120206-A1-300-A and 120206-101-A unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997

Reason For the purpose of clarity to ensure that the development is implemented in accordance with the approved details.

3. Development shall not begin until samples of materials (including roofing materials) to be used on external surfaces of the buildings and/or in construction of any hard standings/walls/fences has been submitted to and approved in writing by the Planning Authority. Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing, with the Planning Authority.

Reason: In order to integrate the development into its surroundings.

4. Development shall not begin until details of a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:

i) location and design, including materials, of walls, fences and gates; ii) soft and hard landscaping works, including the location, type and size of each individual tree (including existing trees that are to be retained) and/or shrubs; iii) a programme for completion and subsequent on-going maintenance.

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure the implementation of a satisfactory scheme of landscaping.

5. No works in connection with the development hereby approved shall take place until a Waste Management Plan for the site has been submitted to and approved in writing by the Planning Authority in consultation with Protective Services and the Scottish Environment Protection Agency. This plan shall include details of the arrangements for the storage, including the design and location of all bin stores together with the separation and collection points for waste from the site or roadside collection points, including provisions for the safe pick-up by refuse collection vehicles. The approved Waste Management Proposals shall be carried out in accordance with the approved scheme.

Reason: To ensure that waste from the proposed site is dealt with in a sustainable manner in accordance with the National Waste Strategy for Scotland and the Area Waste Plan for Argyll & Bute.

6. No development shall commence until exact details and specifications of the zero and low carbon equipment sufficient to reduce the buildings carbon emission by 15% more than the level set by Buildings Standards has been submitted to and approved in writing by the Planning Authority, the duly approved measures shall be implemented in full prior to commencement of use of the building.

Reason: In the interests of reducing carbon emissions in accordance with PAN 84 and SPP 6.

7. None of the buildings shall be brought into use until the drainage scheme detailed on drawing number 24140327-D400 has been completed and is fully operational in accordance with the submitted plan.

Reason: In the interests of public health and amenity and in order to ensure that adequate an timeous drainage arrangements are made.

8. None of the buildings shall be brought into use until the access to the site has been constructed in accordance with Operational Services drawing number SD 08/004 with a junction constructed between 80 degrees and 100 degrees to the public road with a 6 metre radii and 11 metre perpendicular length to cater for a 12 metre swept path.

Reason: In the interests of road safety.

9. None of the buildings shall be brought into use until the private access road has been constructed 5.5 metres in width with a 2 metre wide footway on both sides to the satisfaction of the Planning Authority.

Reason: In the interests of road and public safety.

10. No walls, hedges, fences or any other obstructions will be permitted greater in height than 1.05m above road level within the first 2.4m from the channel line. Prior to work starting on site this area shall be cleared of all shrubbery and thereafter maintained clear of all obstructions.

Reason: In the interest of road safety.

NOTES TO APPLICANT

1) In order to comply with Section 27 A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

2) In order to comply with Section 27 B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

3) The Council’s Roads Engineers may be contacted on 01631 562125 in connection with the requirements of conditions 8 and 9 above. A Road Opening Permit under the Roads (Scotland) Act 1984 should be obtained from them prior to formation of the access to the public road. This should be constructed so that surface water is not discharged from the site onto the public highway.

4) Please have regard to the contents of the attached consultation response from Scottish Water.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 09/00282/DET

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site lies within the ‘settlement area’ for Craignure within PDA 6/11. The nature of acceptable potential development for PDA 6/11 is identified in the ‘Argyll and Bute Finalised Draft Interim Action Plan, 2005’ as ‘Hospital/Medical Facilities together with specialist affordable housing. In the Local Plan PDA 6/11, Craignure – Java, is identified for use as a Community Facility, with no fixed density and no specific requirement for affordable housing.

This proposal is for a valuable Community Facility, a Progressive Care Centre (incorporating a number of beneficial public facilities), ancillary staff accommodation, access and plant room. This is an aappropriate use for this site in the context of the development plan.

B. Location, Nature and Design of Proposed Development

The proposal relates to a 1.715 ha site located within the settlement of Craignure to the north west of the existing Java settlement and is currently identified in the local plan as PDA 6/11 (as detailed above)..

The proposal will comprise: a Progressive Care Centre (“hub”) at Craignure providing: twelve supported living accommodation units; a central reception/administration/centre manager’s office; 3 GP acute beds; 2 Community Casualty beds; a multi-purpose diagnostic and treatment suite; waiting area; consulting/outpatient room; treatment room; physiotherapy room; x-ray; a joint team base for community health and social care staff; a training room; a “place of safety” where patients with an acute mental health breakdown can be cared for whilst awaiting transfer to a specialised unit; staff housing, one 3 bedroom house; one 2 bedroom house; one flat for use by visiting clinicians (located at the north western corner of the site); conservatory on the south western end of the building and laundry facility. There are also two ancillary stores together with a compound for external plant and dirty/clean storage facilities and biomass boiler to the rear of the hostel wing.

The proposal takes the form of an “L” shaped footprint with a two-storey element to the front with a single storey element to the rear. The form and style of building is of an equal dual pitched building over two-storeys to the front with a single storey mono pitched section to the rear over where the community casualty and outpatients department are, with plant facilities located above this. Proposed materials are of a simple pallet and comprise the following: Elevations/Walls – feature base course and brick panels, through colour render system with feature coloured panels, powder coated aluminium cladding to plant areas on the single storey extension; Roof Materials – tiled roof to the dual pitched areas of a mock slate type with a standing seam metal roof to the mono pitched roof; Windows – powder coated aluminium double glazed windows with feature coloured laminated panels to certain areas; Eaves/Rainwater Gutters – powder coated aluminium profiled rainwater gutters and down pipes. Powder coated aluminium eaves, verges, soffits and copes.

It is recommended that a condition is attached to any grant of planning permission to secure the submission of exact details and specifications (including samples) of all external finishing materials, prior to work commencing on site.

As part of the landscape proposals, it is proposed to have structured landscaping proposed for the garden to the rear of the main building, to the front of the main building beyond the car park and adjacent to the private access road. These proposals are currently being worked up by the Landscape Architects and full details of all landscaping are recommended to be secured by a planning condition.

The proposals incorporate a number of sustainable features as part of this proposal. It is proposed that the heating will be via a biomass woodchip system which will use locally sourced woodchip for heating. However, because of the status of this building, an alternative form of heating is also required, which, will be oil fired. The proposals incorporate a sprinkler system which will be fed from underground tanks utilising grey water recovery from roof drainage. This tank provides water for sprinklers, toilet flushing and to serve the fire hydrants for this site. The proposals allow for heat recovery through the air handling units located above the outpatients and community casualty area which will utilise heat recovery from the attic spaces. Other sustainable features include utilising local materials and trades where possible, orientation of building to encourage solar gain and natural ventilation where permitted and careful selection of material components to maximise thermal efficiencies. As the agent detailed quite clearly in the ‘justification statement’ what the sustainable features are, it was not considered necessary to request a ‘sustainability checklist’.

In relation to PAN 84, the agent has confirmed that the proposal is capable of meeting its requirements and can reduce carbon emissions by more than 15% above the levels set by building standards. In light of this, and in accordance with the advice in the PAN it is considered, appropriate in this case to secure these requirements by means of a condition.

Having due regard to all of the above the proposal is considered to be consistent with the provisions of policy STRAT SI 1: Sustainable Development of the Argyll and Bute Structure Plan and policies: LP ENV 19: Development Setting, Layout and Design; and Appendix A of the Argyll and Bute Local Plan.

C. Impact on Woodland/Access to Countryside.

There are a number of trees on the site. A survey to identify those which will remain and those to be felled has been submitted. The agent has also confirmed that existing vegetation will be considered when providing the detailed landscape proposals, which is recommended to be secured by condition.

In the interests of footpath desire lines and strong circulation links it was queried with the agent why there was not a footpath link through landscaped area to link with existing field gate and ‘Java’ housing. The agent has advised that due to the location of the new facility in relation to Java Cottages, the applicant was concerned about the impact the access to the new facility would have on Java Cottages. After consultation from the existing residents in Java it was felt that vehicular and pedestrian access should be via a specific point from the existing road to minimise disruption. The outcome of this was to provide a road access further down from the main site area and away from the existing Java cottages. It is proposed that this access would form the main point of entry to the facility for all traffic and not provide an alternative pedestrian access through the existing field gate as this may encourage people to park within the existing Java settlement. This explanation is accepted and it is considered that the proposed arrangement is acceptable.

Having due regard to the above the proposal is considered to be consistent with the provisions of policy: LP ENV 7: Development Impact on Trees/Woodland of the Argyll and Bute Local Plan.

D. Road Network, Parking and Associated Transport Matters.

The proposal is situated off the UC80 Java Housing Scheme Road within a rural 30mph speed restriction. The Area Roads Manager has confirmed that he has no objection to the proposal subject to conditions relating to: access at the junction with the public road to be constructed in accordance with Operational Services drawing SD 08/004; Junction to be between 80degrees and 100degrees to public road with 6m radii an 11m perpendicular length to cater for a 12m swept path, private access road to be 5.5m in width with 2m footway on both sides; No walls, hedges, fences, etc will be permitted or to be greater in height than 1.05m above road level within the first 2,4m from the channel line. Shrubbery to be cleared and maintained and a system of surface water drainage is required to prevent water passing onto the public road. These requirements can be met by condition.

Having due regard to all of the above the proposal is considered to be consistent with the provisions of policies: TRAN 2: Development and Public Transport Accessibility, TRAN 4: New and Existing, Public Roads and Private Access Regimes; TRAN 6 Vehicle Parking Provision and Appendix C of the Argyll and Bute Local Plan.

E. Infrastructure

Water is proposed to be supplied via the existing public water main. Drainage arrangements are to be via connection to a single septic tank, and an existing outfall at Java is to be utilised. Scottish Water has confirmed that they have no objections to the proposal, subject to a separate Sustainable Urban Drainage System (SUDS) for the disposal of surface water.

SEPA have confirmed following receipt of the revised drainage layout drawing 24140327-D4000 that with regard to foul and surface water drainage that they do not object to this proposal. This revised drainage (including SUDS) layout drawing has no impact on the layout of buildings on site. It is recommended based on SEPA’s advice that this drainage layout is secured by condition.

Having due regard to all of the above the proposal is considered to be consistent with the provisions of policies: LP SERV 1: Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systems and LP SERV 2: Incorporation of Natural Features/Sustainable Drainage Systems (SuDS) of the Argyll and Bute Local Plan.