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Application 2/97/0291/Det

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Application 2/97/0291/Det THIS REPORT RELATES STIRLING COUNCIL TO ITEM 8 ON THE AGENDA PLANNING PANEL ENVIRONMENTAL 26 June 1997 NOT EXEMPT DETAILED PLANNING APPLICATION FOR THE CHANGE OF USE OF LAND TO FORM WATER SKI CLUB, BUILDING AND FACILITY (RELOCATION OF EXISTING OPERATION) AT WEST SHORE, LOCH ACHRAY, TROSSACHS - S/97/0291/DET TROSSACHS WATER SKI CLUB PER DAVID CONWAY 11 CLARENDON PLACE STIRLING 1 PURPOSE 1.1 To determine planning application S/97/0291DET 2 SUMMARY 2.1 This application involves the relocation of the shore based element of the club’s operations to an adjoining site some 80 metres distant. 3 RECOMMENDATION(S) 3.1 To agree to approve the application subject to the conditions attached to this report. 4 CONSIDERATIONS 4.1 The site comprises a Loch side location within the National Scenic Area immediately adjacent to the previous site occupied by the club for their shore based facilities. The lease on the previous site has now expired and the water ski club are seeking to relocate onto land in different ownership, and negotiations are continuing with the owner of that land to secure the use of that land. Land ownership interests are a separate matter from any planning issues. 4.2 The proposal involves purely the relocation of the club’s shore based facilities, with no increase in the intensity of use of the Loch being proposed by the Club. The shore based elements involve the relocation of the club’s existing club house and the construction of a jetty. There are no proposals for any toilet or fuel storage provision within the club’s facilities, it is a direct relocation of their current club house activities. The use of the loch itself is not at issue as it is considered that the Club have established a water skiing use on the Loch as a result of their presence on the loch since at least 1976. -2- 4.3 Planning permission was originally granted in 1976 to the water ski club for their operations from the previous site, and that consent has been renewed at regular intervals until it expired this year. The club then applied for planning permission on the new site, as a recognition of the fact that their lease on the previous site had expired and the club were informed by the land owner that the lease would not be renewed. 4.4 The club has operated since 1976 and the fact that the consent has been renewed on a regular basis is indicative of the generally satisfactory nature of the club’s operations in planning terms. 4.5 This application has been referred to Planning Panel by the local member for discussion of the policy issues involved. 5 POLICY IMPLICATIONS 5.1 Prior to the submission of the application, the club sought clarification of the policy implications relating to their proposed relocation, and they were informed in July of 1996 that at that time policy E9 contained within the finalised draft local plan stated that there would be a presumption against the use and development of Lochs for noisy sports and furthermore that policy C4 indicated a general presumption against a further development of new water sports facilities on Lochs where existing provision is considered to be adequate. They were further informed that those policies at that time mitigated against the establishment of new developments similar to that operated by the water ski club, but there was no policy provision for the cessation of existing uses on Lochs within the Council area. 5.2 They were also informed that had the club been seeking to establish on Loch Achray as a new venture, without there having been a pre existing skiing operation on the Loch, then the policy framework in place at that time would not have allowed such an application to be considered in the favourable light. 5.3 However as part of the evolving work relating to the Stirling Local Plan, policy C4 has been revised, in draft form, to the effect that “the Council recognises the attraction of and potential for recreational use and development along side Lochs and rivers in rural areas. Any development proposed directly on, or near to (within 800 metres), Loch shores and the banks of the larger rivers will be subject to strict control over siting design and landscape treatment” subject to determining criteria relating to access and impact on the environment. It is considered that the proposal does not fail on any of the set criteria, those criteria being set out at appendix ii. The draft policy then categorises Lochs into three separate categories, 1) relating to Lochs establishes having a capacity for a wide range of water based use, 2) Lochs that are currently less intensively used and are considered to have potential for some water based recreational use and 3) Lochs which are considered to be generally unsuitable for all water based recreational use excluding fishing. Within those categories, Loch Achray falls within category 2 which carries with it an acceptance that some water based recreational use and associated shore based activity will be acceptable reflecting current use levels. 5.4 It was taking account of that evolving policy framework that the recommendation put forward on the schedule of 11 June was made. -3- 5.5 Discussions have been undertaken with Technical and Commercial Services, who have indicated that the proposal is acceptable subject to the provision of a bellmouth access to the site from the public road. 6 CONSULTATIONS 6.1 East of Scotland Water have no comment to make on the application, Scottish Environment Protection Agency do not object to the application but wish conditions to be attached controlling any sewage disposal. 6.2 Both the Callander and Trossachs Community Councils have indicated their support for the proposal. 6.3 Scottish Natural Heritage raised concerns regarding the location of the proposal within a National Scenic Area, and also about various design details required to be submitted in connection with the proposal. Following discussions with SNH, that objection has been withdrawn as a recognition of the pre existence of the club on the Loch, and the imposition of detailing controlling conditions on the planning permission recommended. 6.4 Ten letters of support and three letters of objection have been received to this application with the objections relating to noise and disturbance within a scenic area and the letters of support relating generally to the provision of a sporting and social facility within the Trossachs area. 7 RESOURCE IMPLICATIONS 7.1 8 BACKGROUND PAPERS 8.1 Planning application file S/97/0291. 8.2 Riparian Owners -4- Author(s) Name Designation Tel No/Extension John Skinner Senior Planning Officer 2494 Approved by Name Designation Signature Mick Stewart Head of Environmental Strategy Date 10 October 2000 09:23 Reference PP017JS/LG -5- APPENDIX 1 Subject to the following conditions: 1 C030 - Temporary Years - 19 June 2000 2 C100 - Personal Permission - Trossachs Water Ski Club 3 C050 - Restrict Time - water ski club - 10.00 am and 9.00 pm 4 Boat Numbers: At no time shall any more than 4 boats be in use at any time in accordance with the applicants letter of 22 April 1997. 5 Further Details: Prior to any development commencing on site the following details shall be submitted to and approved in writing by the Planning Authority:- (a) external treatment of the proposed hut; (b) layout and design of the proposed car parking area; (c) design and location of any proposed pontoons and jetties. 6 Drainage: At no time shall there be any foul drainage discharge from the site without the prior written consent of the Planning Authority in consultation with SEPA. 7 Fuel Storage: At no time shall there be any storage of fuel on the premises without the prior written consent of the Planning Authority in consultation with SEPA. 8 C299 - Landscape - Reserved Matters 9 C520 - No Obstruction to Visibility (Visibility Splays) - 4.5 metres x 165 metres 10 Bellmouth: An Access bellmouth shall be provided and be surfaced at a width of 3.5 metres with 6 metre entrance radii, for a distance of 10 metres into the site to the satisfaction of the Planning Authority, with all work being completed prior to the commencement of operations on site. 11 C571 - Details of Access Reasons: 1 R030 2 R100 3 R090 4 R090 5 R020 6 R640 7 R420 8 R299 -6- 9 R500 10 R500 11 R500 -7- APPENDIX 2 DRAFT LOCAL PLAN POLICY FRAMEWORK FOR SPORT ON LOCHS ENVIRONMENT CHAPTER Recreation and Tourism Developments 2.24 The scenic quality of the Stirling area is an essential factor in the popularity of countryside recreation and in the tourist industry. As well as the landscape, the maintenance and integrity of the built heritage of the area is particularly important in this context. The Council has traditionally maintained very restrictive development control policies over new buildings in rural areas based on both amenity and service cost considerations. Tourism provides potential exceptions to these restrictions but should be obliged to compensate with high quality development. The visual impact of these developments when viewed from major roads, railways and tourist routes will be carefully scrutinised, as will any potential traffic impact on the existing road network, particularly on single-track roads. The concept of “sustainable tourism” is being pursued in partnership with SNH and other bodies as part of the Trossachs Trail Tourism Management Programme. 2.25 Visitors and leisure infrastructure can have major impacts on accessible lochshores and riverbanks, where particular care will be taken to balance the needs of recreation and tourism with environmental concerns.
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