Argyll 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) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ______
Reference No : 13/00894/PP
Planning Hierarchy : Local
Applicant : Portavadie Estates Ltd
Proposal : Erection of leisure building comprising indoor and outdoor swimming pools, spa facilities, combined restaurant/cafe/bar, gymnasium, reception/retail area, multi-purpose rooms, play areas, offices and associated facilities, construction of new access road, car parking and associated landscaping with an extension of a pedestrian boardwalk to the existing marina facilities (incorporating the submission of a Potential Development Area master plan).
Site Address : Portavadie, Millhouse, By Tighnabruaich ______
DECISION ROUTE
Local Government (Scotland) Act 1973 ______
(A) THE APPLICATION
(i) Development Requiring Express Planning Permission
• Erection of leisure building comprising indoor and outdoor swimming pools, spa facilities, combined restaurant/cafe/bar, gymnasium, reception/retail area, multi-purpose rooms, play areas, offices and associated facilities;
• Construction of new access road, car parking and associated landscaping;
• Installation of new septic tank with connection to existing sea outfall;
• Extension of a pedestrian boardwalk to the existing marina facilities.
(ii) Other specified operations
• Connection to public water main;
• Demolition of flat roofed building and seawater tanks.
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(B) RECOMMENDATION:
Having due regard to the Development Plan and all other material considerations, including the Masterplan for PDA 2/38, it is recommended that planning permission be granted subject to the conditions, reasons and informative notes given at the end of this report. ______
(C) HISTORY:
Planning Permission (ref: 98/01739/DET) granted in May 1999 for the erection of a storage shed on land at Portavadie. This permission has been implemented.
Application for Detailed Planning Permission for the erection of eight dwellings on land to the east of the application site (ref: 01/00185/DET) was withdrawn in December 2005.
Planning Permission (ref: 02/00461/DET) granted in August 2002 for the erection of five dwellings on land to the east of the application site. This permission has been implemented.
Planning Permission (ref: 04/00003/DET) granted in February 2005 for the erection of a building incorporating office, toilets and showers and the formation of a boat storage area and car park at the marina. This permission has now lapsed.
Planning Permission (ref: 04/00118/DET) granted in March 2006 for the erection of three holiday homes on land to the east of the application site. This permission has now lapsed.
Planning Permission (ref: 06/01195/DET) granted in November 2006 for the expansion of the marina (maximum 250 berths); the provision of associated shoreside facilities (including offices, changing rooms, restaurant and bar/cafe), 19 letting units, boatyard hardstanding & workshop and new slipway; and the installation of a private sewerage system. This permission has been partially implemented.
Planning Permission (ref: 09/01522/PP) granted in February 2010 for the erection of a staff and visitor accommodation block on land 500 metres to the north of the application site.
Planning Permission (ref: 10/00362/PP) granted in May 2010 for the change of use of a letting apartment to a retail unit in the first block of accommodation.
Planning Permission (ref: 10/01230/PP) granted in October 2010 for an extension to the marina building.
Planning Permission (ref: 10/01568/PP) granted in November 2010 for an amendment to Planning Permission 09/01522/PP to change the communal eating area into a Class 3 Food and Drink establishment and the addition of 12 car parking spaces.
Planning Permission (ref: 11/00334/PP) granted in May 2011 for an extension to the marina building (retrospective).
Planning Permission (ref: 11/00521/PP) granted in 16 th May 2011 for the erection of a marquee and decking (retrospective).
Planning Permission (ref: 11/00952/PP) granted in August 2011 for the extension to the retail unit. ______
(D) CONSULTATIONS:
Scottish Water (letter dated 30 th May 2013); No objections. There are no public sewers in the vicinity of the proposed development whilst the Tighnabruaich Water treatment Works currently may have the capacity to service the proposed development.
Area Roads Manager (report dated 11 th June 2013): No objections.
SEPA (letter dated 17 th June 2013): No objection subject to condition relating to the submission of a site specific construction method statement.
Public Protection (memo dated 17 th June 2013): No objections in principle but further information required.
Technical Officer – Flood Risk (report dated 25 th June 2013): No objections. ______
(E) PUBLICITY:
Regulation 20 Advertisement (closing date 28th June 2013) and Masterplan Advert (closing date 26 th July 2013). ______
(F) REPRESENTATIONS: No representations received. ______
(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
A detailed Design Statement has been submitted by Stewart Associates and assesses issues such as site information, site investigation, foul drainage, water, roads and parking, building design and materials, energy and masterplanning. It concludes that the proposal is the most appropriate option for delivering the vision of the applicant for this part of the marina complex.
(iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Yes
Drainage Layout and Report – Cowal Design Consultants Ltd (April 2013)
Road Layout and Sections – Cowal Design Consultants
Report on Ground Investigations – Mason Evans, Geo-Environmental Consultants (3 rd June 2013) ______
(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.
Argyll & Bute Structure Plan (approved November 2002)
STRAT SI 1 – Sustainable Development STRAT DC 1 – Development in Settlements STRAT DC 8 – Landscape and Development Control STRAT DC 10 – Flooding and Land Erosion Objective TOUR 1 – Tourism
Argyll & Bute Local Plan (adopted August 2009)
Policy LP ENV 1 – Development Impact on the General Environment Policy LP ENV 10 – Development Impact on Areas of Panoramic Quality Policy LP ENV 19 – Development Setting, Layout and Design Policy LP CST 1 – Coastal Development on the Developed Coast (Settlements and Countryside Around Settlements) Policy LP TOUR 1 – Tourist Facilities Policy LP SERV 1 – Private Sewage Treatment Plants and Wastewater Policy LP SERV 4 – Water Supply Policy LP SERV 8 – Flooding and Land Erosion Policy LP TRAN 4 – New and Existing Public Roads and Private Access Regimes Policy LP TRAN 5 – Off Site Highway Improvements Policy LP TRAN 6 – Vehicle Parking Provision Policy LP REC 1 – Sport, Leisure and Recreation
(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.
PDA Masterplan Planning History
Argyll & Bute Council Proposed Local Development Plan ______
(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: No ______
(O) Requirement for a hearing (PAN41 or other): No ______
(P) Assessment and summary of determining issues and material considerations
The proposal involves the erection of a substantial leisure facilities building on a promontory to the south of the existing marina, facilities building and letting apartments at Portavadie. The development would involve an environmental gain as it would result in the removal of an existing building and seawater tanks that are remnants of the site’s previous industrial uses.
The site lies within the ‘settlement’ boundary for Portavadie and within Potential Development Area 2/38, and is directly adjacent to Potential Development Area 2/37, both identified within the ‘Argyll and Bute Local Plan’ 2009. PDA’s require a comprehensive approach to ensure that inappropriate incremental development does not take place and the overall intentions of the PDA are not compromised by piecemeal development. This application has been assessed in the context of a submitted masterplan which demonstrates how the PDA could be developed in the future in a satisfactory manner and that the current application for the leisure building and related development would not interfere negatively with the overall vision for that area.
All other issues such as environmental impact; scale, design and layout; road network and parking; water supply; foul drainage; pollution prevention and management; and flood risk have been satisfactorily addressed. ______
(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 policies STRAT SI 1, STRAT DC 1, STRAT DC 8 and STRAT DC 10 of the ‘Argyll and Bute Structure Plan’ 2002 and policies LP ENV 1, LP ENV 10, LP ENV 19, LP TOUR 1, LP SERV 1, LP SERV 4, LP SERV 8 and 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.
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(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: Steven Gove Date: 26 July 2013
Reviewing Officer: David Eaglesham Date: 30 July 2013
Angus Gilmour Head of Planning & Regulatory Services
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 13/00894/PP
1. The development shall be implemented in accordance with the approved drawings - Drawing No. 1311/P-12B; Drawing No. 1311/P-13A; Drawing No. 1311/P14B; Drawing No.1311/P-15A; Drawing No. 1311/P-17A; Drawing No. 1311/P-20; and Drawing No. 1314/P-10B 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.
2. No works shall commence until a site specific Construction Method Statement (CMS) has been submitted to and approved in writing by the Planning Authority in consultation with SEPA and any other appropriate agency. All works shall be carried out in accordance with the approved CMS and any supporting documentation.
Reason: In the interests of the control of the pollution of air, land and water.
3. Prior to the first use of the leisure facilities building hereby approved, the associated parking areas shall be fully formed and capable of use in accordance with the details shown in the approved drawings unless the prior written consent of the Planning Authority is obtained for variation.
Reason: In the interests of road safety.
NOTE TO APPLICANT
This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period. [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).] 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.
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.
ANNEX A – RELATIVE TO APPLICATION NUMBER 13/00894/PP
PLANNING LAND USE AND POLICY ASSESSMENT
A Settlement Strategy
The site lies within the local plan defined ‘settlement’ boundary for Portavadie and is subject to the effect of Structure Plan policy STRAT DC 1. The proposal amounts to redevelopment within the ‘settlement’ boundary which is compliant with that policy. Development Plan policies contained within the ‘Argyll and Bute Structure Plan’ 2002 and the ‘Argyll and Bute Local Plan’ 2009 give general support to an expansion of the facilities at Portavadie marina subject to certain caveats. On a further positive and significant note, the site is identified as a Potential Development Area (ref: PDA 2/38) which identifies the land as being suitable for a mixed use development of tourism, housing and business.
At the Planning, Protective Services and Licensing Committee in November 2011, Members decided to introduce a protocol for dealing with applications proposing the development of part(s) of a Potential Development Area or Housing Allocation. This has resulted in a masterplan being produced by Stewart Associates for the whole of Potential Development Areas 2/38 and 2/37 (land to the east of the application site), which has been advertised for public consultation purposes. At the time of writing, no representations have been submitted to either the current proposal or the wider Potential Development Areas.
In terms of Potential Development Areas 2/37, it is considered that the submitted masterplan demonstrates how the land could be developed in the future in a satisfactory manner and that the current application for the leisure building and related development would not interfere negatively with the overall vision for the site.
B Location, Nature and Design of Proposed Development
Portavadie is located on the eastern shores of Loch Fyne, approximately 4.6 km to the west of Kames. The agent’s Design Statement contains the following:
“The current marina is a mixed use development of pontoons, offices, changing facilities, restaurant/bar, function spaces, retail facilities, letting and staff accommodation grouped around and within a sea accessible lagoon. The water element and basic rock excavations were developed as part of an oil rig construction site in the late 1970s.
.... To date, eleven of the approved letting apartments have been constructed. The area set aside for the remaining 8 has been temporarily developed as a play area and open space and is incorporated within the application site to reinforce this use. As such, it is not proposed to implement the Phase One application (ref: 06/01195/DET) in full with the current application taking precedence ”.
The other elements of the current application are as follows:
§ The erection of a leisure building comprising indoor and outdoor swimming pools, spa facilities, combined restaurant/cafe/bar, gymnasium, reception/retail area, multi-purpose rooms, play areas, offices and associated facilities;
§ The construction of a new access road, car parking and associated landscaping;
§ The installation of a new septic tank with connection to existing sea outfall.
As evidenced by the identification of three separate Potential Development Areas, Portavadie is viewed by the Council as an area where there is potential for significant development without detriment to the landscape quality of the area. This is due to the partly industrial nature of the land associated with the former oil construction yard and associated accommodation at Polphail.
It is also due to the topography of the land which has created a lagoon area (where the majority of development in the initial phase has taken place) that is relatively self- contained and sheltered. The current application site is located on a promontory that stretches to the south of the lagoon area. In this respect, the proposed leisure building will be visible from long-distance views across Loch Fyne and from long to medium distance views from the north, east and south. However, it will also be seen in the context of the existing marina facility buildings.
The part of the site on which the leisure building and associated car park presently contains a flat-roofed building and four seawater tanks together with related surface- mounted plastic and steel pipes; valves; and structures. It is proposed that these existing tanks and apparatus will be removed imminently.
In terms of the building’s design form, the Design Statement contains the following:
“The use of the building requires relatively large open spaces for pool, cafe and fitness/activity areas with more intimate areas for the spa. This differs from the previous building types which were more ‘ domestic ’ in scale.
The client was keen to maintain the ‘design family’ aesthetic of the existing Marina – more so in the selection of materials than in actual design form but were keen to maintain the strength of the visibility of the glass tower of the facilities/restaurant building to the north as the Marina ‘ hub ’.
Views towards Loch Fyne are available from all existing developments other than the hotel and accommodation block at the site entrance. The Leisure Building site offers additional views to the west – a feature which has been capitalised on in the basic arrangement of spaces within the building. The marina can now have restaurant facilities with northern aspects from the Hotel, southern aspects from the Facilities Building and south and western aspects from the Leisure Building. Diners will be able to dine and swim whilst watching the sun setting over Kintyre.
The larger spaces (pool hall and restaurant) are, therefore, positioned to the south and west on the ground floor of the building with the smaller activity spaces sited to the east (overlooking the marina). The Spa and management offices are positioned on the truncated upper floor with the former having east, south and westerly aspects from discrete external terraces. Ancillary accommodation is located either in the basement or to the north.
Reference to the exposed nature of the site has previously been made – hence the decision to locate the main entrance on the north facade i.e. facing the existing development and car park ‘ bowl ’. The shelter afforded by the existing topography and the building wall should provide a relatively safe entrance. This entrance area is highlighted further by its position between the two projecting stair towers.
Much of the building is single storey with varying roof heights to suit different uses. A basement area for pool plant and incidental storage is incorporated into the building and accommodates space within the void created between the existing ground level of the former sea tanks and the finished ground floor level. Since this basement area is below the potential flood level, the useable section is fully tanked and waterproofed.
A flat roof solution was chosen for a variety of reasons:
• To reduce the overall height and visual impact of the structure; • To facilitate access to external glass and walls for maintenance and cleaning (it is a very exposed site that is prone to sea water spray); • To maintain the green roof aesthetic successfully used elsewhere in the development; • To minimise the impact of future (higher site level) development sites to the north. ”
The external walls will utilise a mix of off-white aluminium and acrylic render panels with translucent and obscure green and blue-tinted glass. Natural stone within the building interior is visible from the entrance through the two-storey glass-fronted stair and lift. The windows and doors will be generally grey pre-coated aluminium framed glass with obscured insulated panels concealing service voids and floor structure. The external doors will match the window framing is colour and material with stainless steel ironmongery throughout. The roof covering will consist of ‘extensive system’ sedum- planted trays on a single layer grey upvc membrance with beach cobble perimeter surround and access paths. The rooflight structures are grey coated aluminium with clear double-glazed units to the north over the pool hall and elsewhere. The south-facing cladding to the pool hall rooflights is solar PV panels. External trim and rainwater goods are all grey-coated aluminium.
It is considered that the proposed design approach is imaginative, respects the character and topography of the area and contributes to the feeling of a ‘ Portavadie identity ’ in an architectural sense.
For the reasons given above, and in terms of the site’s location within an Area of Panoramic Quality (Argyll and Bute Local Plan 2009), it is considered that the site has the capacity to successfully absorb the present scale of development. On this basis, it would accord with the relevant policies contained within the ‘Argyll and Bute Structure Plan’ 2002 and ‘Argyll and Bute Local Plan’ 2009.
C Road Network and Parking
The site is served by an existing road network that includes the ‘ concrete road ’ (a private road) leading from the public highway at Portavadie to the Caledonian MacBrayne ferry terminal. Access from the ‘ concrete road ’ is by way of the existing private roads that serve the marina and industry.
At the time of the previous permission (ref: 06/01195/DET), Condition 23 was attached which required improvements to the ‘ concrete road ’ and the road from Millhouse to Portavadie to be carried out on a phased basis in line with the provision of the letting units. As eleven letting units have been constructed, road improvements have been carried out at various locations between Millhouse and Portavadie in association with the Council’s Roads Department.
In his consultation response, the Area Roads Manager has no objections to the proposal and he is not recommending the imposition of any conditions regarding improvements to the local road network, having regard to the works that have recently taken place.
In terms of parking arrangements, the Area Roads Manager has advised that the proposed seventy five parking spaces are considered to be acceptable based upon the type of facilities to be provided.
D Infrastructure
There is no existing public sewerage system at Portavadie. The original application allowed for a private sewerage system designed to Scottish Water standards with outfall into Loch Fyne via a new pipe. The proposed leisure building discharges into the private system with a previously-designed second 50,000 litre septic tank to be installed in a pre-dug pit adjacent to the existing 50,000 litre septic tank. SEPA has confirmed that it has no objection to this arrangement.
Policy LP SERV 4 of the Local Plan 2009 encourages connection into a public water supply where this is available. The proposal involves extending the existing water supply from Scottish Water’s Ascog Loch treatment works to the leisure building to provide the primary potable water resource. Grey water recovery from roof storm water is proposed for pool filling, toilet flush and cleaning use. Grey water recovery is also proposed via a pumped holding tank for showers and toilet flushing.
E Flood Risk
SEPA has stated that the application site (or parts thereof) lies within the 1 in 200 year (0.5% annual probability) flood envelope of the Indicative River and Coastal Flood Map (Scotland) and may, therefore, be at medium to high risk of flooding.
From the information submitted, however, the area of the site within the flood boundary is not intended for development and, therefore, SEPA has no objection to the proposal on flood risk grounds. This stance has been supported by the Council’s Flood Prevention Officer.
F Pollution Prevention and Waste Management
SEPA has stated that construction works can increase the risk of water pollution due to the release of sediment from exposed surfaces, contaminant discharges and accidental spillage. All potential risks associated with the proposals and all aspects of site work that might impact on the environment during the construction phase should be systematically identified along with preventative measures and mitigation. Therefore, SEPA has requested that a condition is attached to the consent securing the submission of a site specific construction method statement (CMS). In an e-mail dated 17 th June 2013, the agent has confirmed that he is satisfied with such a condition being attached.
G Energy
In the Design Statement, the following is mentioned:
“The aim of the applicant is for the entire site to be self-sufficient in energy from their own resources (i.e. forestry and land). Indeed, it is hoped that the developer will become a net exporter of electricity to the grid.
The principle of minimising energy use is continued into the design of space, pool and water heating by utilising the waste heat from the Energy Centre CHP plant as the primary heat source. This effectively means that the pools are being heated by waste heat from the generation process. Notwithstanding this resource, the heat loss from the pools is minimised during periods of closure by utilising automatic covers.
Energy use is also minimised by orientating the building to maximise potential passive solar gain. Careful design of solar shading has also been integrated into the design to create a manageable and comfortable environment for the building users. ”
There is a separate application for Planning Permission (ref: 13/01491/PP) relating to the Energy Centre mentioned above. A report on this application is also before Members for consideration at this meeting.