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

Reference No : 10/00452/PP

Planning Hierarchy : Local Development

Applicant : Community Forest Company

Proposal : Formation of Forest Access Road

Site Address : Land North West of Highgate, Tighnabruaich ______

DECISION ROUTE

(i) Local Government (Scotland) Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

Formation of forest access road

(ii) Other specified operations

Not applicable ______

(B) RECOMMENDATION:

Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions, reasons and informative notes at the end of this report. ______

(C) HISTORY:

There is none relevant to this application. ______

(D) CONSULTATIONS:

Area Roads Manager (response dated 5 th May 2010)

The existing access is within a 30 mph speed limit. Visibility sight lines along the public road are achievable. No objection subject to conditions.

______

(E) PUBLICITY:

Neighbour Notification (closing date 16 th April 2010) and advertised under Regulation 20 (closing date 23 rd April 2010). ______

(F) REPRESENTATIONS:

Representations have been received from a total of six people, as follows:

Mrs S E Allison, Highgate, Tighnabruaich (letter received 12 th April 2010) David Burt, Ardeneden, Tighnabruaich (letter dated 12 th April 2010) Mr and Mrs A Adamson, Kirona Cottage, Tighnabruaich (e-mails dated 14 th April 2010 and 15 th April 2010) Mr and Mrs C MacColl, Taiyuan, Tighnabruaich (letter dated 22 nd April 2010)

The points raised can be summarised as follows:

a. The proposed access coincides with the narrow single width stone arch bridge across Allt Mor which is at present a bottle neck.

Comment: This issue will be addressed in the Assessment section below.

b. The approach to the proposed access is blind in both directions.

Comment: This issue will be addressed in the Assessment section below.

c. The stone arch bridge was not originally built to withstand the weight of present heavy traffic and certainly not the extra stress of timber lorries.

Comment: No comments have been made by the Area Roads Manager in respect of this issue.

d. The land is owned by Council and, if it is being sold to the Kilfinan Forestry Group, should it not go on the open market first.

Comment: The Estates Section has advised that the Council’s intention is to grant a right of access over the land in question to the applicants.

e. Concern is expressed that vehicles would back up onto the road if no further roads are planned within the site.

Comment: Given that the access will be used for forestry extraction purposes, the extent of the road that actually requires Planning Permission is the first 25 metres from the public road. The remainder of the roads within the forest constitute ‘permitted development’.

f. Concern is expressed regarding the proposed composting within the site.

Comment: The present application relates solely to the construction of the access road and, therefore, any other operations do not fall within the remit of this report.

______

(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 (v) Supporting Statement from applicant (e-mail dated 15 th April 2010):

a. The proposed access has been seriously considered and has shown to be the only viable option. The access was chosen to avoid adding congestion to the road which already serves the school, health centre and private housing;

b. If commercial timber harvesting is to proceed, they would arrange for the timber to be hauled to Portavadie, therefore turning right from the proposed access and avoiding the single track bridge. This would be a one-off commercial timber harvest of trees planted in 1963 which are already blowing down and need to be harvested. They would endeavour to ensure that timber was extracted with due care and attention at non- peak times;

c. Within the first year, an all-abilities path will be installed from just behind the school up to the allotment site. This will take the pressure off the main access by allowing pedestrian access that would be served by the parking behind the school;

d. The single track road does not really constitute a bottle-neck as the A8003 is single track for over 100 metres in either direction;

e. There are clear sightlines of 100 metres in either direction from the proposed access. ______

(H) PLANNING OBLIGATIONS

(i) 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 Local Plan 2009

LP TRAN 4 states that, in the case of new private accesses, they shall be constructed to incorporate specific standards to function effectively and safely.

(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.

Not applicable. ______

(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 ______

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

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

The proposal involves the formation of a forest access road onto the A8003 within the village of Tighnabruaich. The position and standard of access has been the subject of previous consultation with a representative of the Roads Department. On this basis, the development is considered to be acceptable. ______

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

(R) Reasons why planning permission or a Planning Permission in Principle should be granted

The proposal accords with Policy LP TRAN 4 of the Argyll and Bute Local Plan 2009 and the proposal raises no other material consideration which would justify refusal of permission. ______

(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

The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 introduced a requirement to notify Scottish Ministers where a Planning Authority have an interest in development where it would be significantly contrary to the Development Plan for the area.

In this case, the Council owns the land over which the access road is to be formed. However, the proposed development is not contrary to the Development Plan.

On the basis of the foregoing, it is not considered necessary in this instance to notify the Scottish Ministers of this application should Members be minded to approve the proposal.

______

Author of Report: Steven Gove Date: 5/5/2010

Reviewing Officer: David Eaglesham Date: 5/5/2010

Angus Gilmour Head of Planning

CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 10/00452/PP

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 approved drawings – Location Plan (scale 1:5,000) and Site Plan (scale 1:200) 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. The access shall be formed fully in accordance with Argyll & Bute Council standard detail SD08/001a, with an access width of 6m.

Reason: in the interest of road safety.

4. A system of surface water drainage shall be provided to prevent surface water from the development flowing on to the public road.

Reason: in the interest of road safety

5. Visibility splays of 42m x 2.4m shall be provided, cleared and maintained clear of obstruction to visibility in perpetuity.

Reason: in the interest of road safety

6. No walls, fences or hedges shall be erected within 2m of the road channel.

Reason: in the interest of road safety

NOTES TO APPLICANT

3. In order to comply with Section 27A(1) of the Town & 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.

4. In order to comply with Section 27B(1) of the Town & 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 complete.

5. The Area Roads Manager has advised that the proposed works will require a Road Opening Permit (S56) for the construction of the footway crossing. The applicant is advised to contact the Area Roads Manager (Mr. Paul Farrell, tel. 01369 708613) directly upon these matters.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 10/00452/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Location, Nature and Design of Proposed Development

The application proposes the formation of an access road that is to be utilised by the Kilfinan Community Forest Company in association with their purchase of an area of the National Forest Estate from the Forestry Commission Scotland. Access to the forest will be used for agricultural activities such as allotments and composting together with the provision of a range of paths and woodland trails. The timber resource of the forest will generate employment and training opportunities and timber will be extracted at some point in the future.

The location and nature of the access will allow the forest company to meet its objectives and, in principle, it is to be welcomed.

B. Road Safety

Those who have objected to the proposal are concerned over its impact on road safety. The Roads Department has been involved in providing information on the standard of access that was required in advance of the application having been submitted. It is understood that the application has been submitted on the basis of this information and, in this respect, the Area Roads Manager does not object to the proposal.

Having regard to the above, the proposal is considered to accord with Policy LP TRAN 4 of the Argyll and Bute Local Plan 2009.