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01507 Roh Mobile Food Van Colintraive.Pdf Argyll and Bute Council Development & 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 2013 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No: 16/01507/PP Planning Hierarchy: Local Applicant: Mr Ian Colville Proposal: Change of Use of Land for the Siting of a Mobile Hot Food Takeaway Unit Site Address: Lay-by, North West of Ferry Bank, Colintraive ____________________________________________________________________________ DECISION ROUTE Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission Change of use of land for the siting of a mobile hot food takeaway unit (ii) Other specified operations None. ____________________________________________________________________________ (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be refused for the reason set out in this report. ____________________________________________________________________________ (C) HISTORY: Adjacent Land - Planning Permission (ref: 05/00965/DET) was granted on 16th June 2005 for the re-profiling of land; the installation of a septic tank; the formation of a random stone wall face; and ancillary works on land behind the footway approximately 5 metres to the south east of the current application site. ____________________________________________________________________________ (D) CONSULTATIONS: Colglen Community Council, c/o Cathleen Russell (Convener), 2 Ferry Bank, Colintraive (letter dated 28th June 2016) The Community Council has raised an objection to the proposal on the basis that this is a very important residential parking area where there is already a lack of parking and there is concern about the prospect of congestion on the A886 public road. Area Roads Manager (reports dated 8th July and 18th July 2016) The proposed development is in an existing lay-by to the North West of Ferry Bank, Colintraive on the A886 road. There is a 30mph speed restriction at this location. The lay-by is some 73 metres in length, being full width for approximately 52 metres. The width of the layby varies from 4.3 to 4.6 metres. The location of the mobile hot food takeaway unit should be to one end of the layby, away from the Scottish Water installation at the rear of the footway, in order to ensure access as and when required by Scottish Water and their operatives. The serving counter should face the footway and not the carriageway unless there are suitable barriers to minimise the potential of pedestrian / vehicle conflict. All waste and litter generated by the unit to be disposed of by the applicant. Should the Roads Authority require access to the lay-by for maintenance and other essential works, the applicant must be able to vacate in a timeously manner. With respect to the perceived parking issues, on any visits that have been made by the Roads Officer over the past few months, there has always been an occupancy rate within the lay-by of approximately 40%/60%. Feedback received from a commuter (Bute to Colintraive) who leaves a vehicle on the Colintraive side of the ferry crossing overnight tends to suggest that spaces are available most of the time. Environmental Health Service (reports dated 8th July and 20th July 2016) In response to a direct enquiry from the Planning Service in respect of specific minimum distances relating to the siting of a mobile food business from the access to a septic tank, the following advice is offered: There is very little prescriptive guidance offered: Sewers for Scotland 3rd edition (published by Scottish Water in April 2015) quotes a minimum separation distance of 5 metres from a habitable dwelling for a Type 1 pumping station to minimise noise, odour and vibration. There are no similar criteria for septic tanks. BS 6297:1983 ‘Design and Installation of small sewage treatment works and cesspools’ advises a 15 metre minimum from a cesspool and 25 metres from a small sewage treatment works. The proposed application is for a mobile hot food takeaway unit which does not require the same protection from potential bad neighbour in reverse afforded by the Scottish Water septic tank as does a permanent dwelling house; however, the following issues should be taken into consideration: 1. Maintenance of the septic tank – access will be required on a regular basis (or for occasional emergency situations) for the emptying and de-sludging of the septic tank. This will cause localised odours and there may be splashes, aerosols and drips of sewage from the pipework and equipment involved. In addition there needs to be vehicular access for the tanker. This could pose a risk of contamination to the food operation; 2. Odours from the septic tank – the tank (depending on design) may on occasion vent unpleasant odours; 3. Street trader licence requirement – the owner of the layby is Argyll and Bute Council Roads Department. The applicant may be refused street trader permission to trade adjacent to the septic tank due to objections from the Roads Department and Scottish Water requiring unlimited access to the tank. The views of these bodies should be sought. Conclusion – whilst there is no objection in principle to the granting of this application, it is recommended that a safe-guarding condition is applied that a minimum distance of 5 metres should be maintained on either side of the septic tank access hatch to minimise the risk of odours and potential contamination to the proposed development. Scottish Water (e-mail dated 25th July 2016) The proposed hot food take-a-way van is located too close to Scottish Water’s existing asset. Not only would this be an issue for access to carry out operational inspections/cleaning/maintenance etc., it would also be a concern for potential odour problems while carrying out the cleaning of this asset. If the van is to be located in the layby, Scottish Water’s preference would be for it to be located at the end of the layby towards Strachur as far away as possible from their asset. ___________________________________________________________________________ (E) PUBLICITY: Regulation 20 Advert (closing date 1st July 2016) ____________________________________________________________________________ (F) REPRESENTATIONS: There are a total of thirteen objections to the application as detailed below: Councillor objection: Councillor Alex McNaughton, Old Police House, Colintraive (e-mail dated 23rd June 2016) Patricia Watt, Colintraive Hotel, Colintraive (e-mails dated 10th June 2016) Adrienne Macdonald, Faoilinn, Colintraive (letter dated 12th June 2016) Mary Sinclair, 5 Ferrybank, Colintraive (letter dated 13th June 2016) Ann Fargher, 18 Glenmore House, Colintraive (e-mail dated 15th June 2016) Robert Perry, Tigh Na Beag, Colintraive (e-mail dated 15th June 2016) Norma Perry, Tigh Na Beag, Colintraive (e-mail dated 15th June 2016) Margaret Malcolm, The Old Manse, Colintraive (e-mail dated 19th June 2016) Danielle Clark De Bisschop, 2 Ferrybank Cottages, Colintraive (e-mail dated 20th June 2016) Kenneth J Harrison, Churchfield, Colintraive (letter dated 20th June 2016) Eileen Harrison, Churchfield, Colintraive (letter dated 20th June 2016) Peter Luke, 6 Ferrybank Cottages, Colintraive (e-mail dated 23rd June 2016) Jan Mackenzie, The Beeches, Colintraive (letter dated 24th June 2016) The points raised can be summarised as follows: i. Colintraive already has a food provider. Comment: The issue of over-provision of a certain type of facility does not have a material bearing upon the planning aspects of the case. ii. The lay-by was created to provide parking for the residents of Ferry Bank and their visitors, and to ease the flow of traffic to and from the ferry terminal. The proposed unit and its towing vehicle would diminish the original purpose of this facility. There is also the potential for accidents to occur if the flow of traffic is hindered by cars being parked outside the dwellings at Ferry Bank as their drivers cannot gain access to the lay-by. Comment: This issue is addressed in the Assessment section contained within Appendix A below. iii. Concern is expressed that the pervading smell of cooked food would adversely impact on the area and, in particular, the nearby houses. Comment: This issue is addressed in the Assessment section contained within Appendix A below. iv. Concern is expressed that the large seagull colony inhabiting the nearby Burnt Islands would be attracted by the smell and food, which would cause unwanted noise and mess. Comment: This particular issue does not have a material bearing upon the planning aspects of the case. v. Concern is expressed that litter wrongly discarded by patrons would be very unsightly and could cause vermin. Comment: This issue does not have a material bearing upon the planning aspects of the case and would more appropriately be addressed through other legislation. ____________________________________________________________________________ (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the Conservation No (Natural Habitats) Regulations 1994: (iii) A design or design/access
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