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 2008 relative to applications for Planning Permission or Planning Permission in Principle

Reference No : 13/02855/PP Planning Hierarchy : Local Applicant : Harbro Limited Proposal : Erection of a new Harbro Country Store (sui generis, mixed use development incorporating 200sqm of class 1 retail and 300sqm class 6 storage and distribution with 60sqm of office and staff welfare facilities); works to the Clock Lodge, formation of vehicular access to A83(T) and associated landscape/woodland works. Site Address : Land adjacent to the Clock Lodge, Lochgilphead

DECISION ROUTE

Local Government Scotland Act 1973

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of a Harbro Country Store (sui generis, mixed use development comprising 200sqm class 1 retail, 300sqm storage and distribution, and 60sqm ancillary office/welfare facilities); • Formation of a new vehicular access onto the A83(T); • Formation of onsite parking 16 spaces • Installation of a septic tank (to be deleted as per condition 10)

(ii) Other specified operations

• Renovation works to the Clock Lodge; • Woodland Management; • Connection to public water main.

(B) RECOMMENDATION:

1. In light of the third party representation Members are recommended to convene a discretionary local hearing prior to determination of this application;

2. It is recommended that planning permission be granted as a ‘minor departure’ to the provisions of the development plan, subject to the conditions and reasons appended to this report.

(C) CONSULTATIONS:

• Transport Scotland (24.12.13) – No objections subject to conditions.

• Historic Scotland – No comments received to date, assumed no objections.

• Scottish Natural Heritage (10.01.14 & 25.02.14) – No objection but comments

• ABC Biodiversity Officer (06.01.14) – No objection but comments

• ABC Conservation Officer (28.02.14) – No objections subject to conditions

• ABC Core Paths – No response to date.

• ABC Development Policy Unit 03.04.14) – No sequentially preferable sites suitable for retail development available. Retail Impact Assessment not required. Emerging LDP seeksto extend the existing range of permissible uses within the existing mixed use allocation to include ‘enabling development’, in recognition of the relationship between the site and the Clock Lodge. There have been no objections to the re-zoning of this land as PDA 3013 in the emergent plan and it may be accorded material weight in the determination of the application. .

• ABC Environmental Health (24.12.13) – No objections subject to conditions.

• ABC Roads (07.01.14) – No objections subject to conditions.

• Scottish Water (19.03.14) – No objection, advise that public water supply and waste water treatment have capacity to accommodate the development.

• SEPA (13.03.14) – Object to the proposal as submitted given their wish that it be connected to the public sewerage system

(D) HISTORY:

13/02856/LIB – Proposed works to make the Clock Lodge wind and watertight – currently pending determination.

03/02165/DET – Refurbishment of Clock Lodge and construction of extension to form archive centre – PER – 19.03.2004 – expired unimplemented.

03/02286/LIB – Refurbishment of the Clock Lodge and construction of extension to form archive and exhibition centre – PER – 01.03.2004 – expired unimplemented.

(E) PUBLICITY:

The proposal has been advertised having regard to the requirements of Reg. 20 – period for representation expired 10 th January 2014

(F) REPRESENTATIONS:

(i) Representations received from:

To date representations have been received from 6 parties in support of the proposal, 40 parties raising objection, and 1 further representation which neither supports nor objects to the proposal from a Local Elected Member.

Elected Member Representation :

Cllr Douglas Philand, Local Member Ward 1 (27.08.14)

Support:

Sam Emmerich, 9 Ellary Place, Lochgilphead (16.03.14) Richard Gates, 3 Grizedale, Cairnbaan, Lochgilphead (17.03.14) Colin MacKenzie, 36 Dunmor Avenue, Kilmory (06.03.14) Peter Quelch, 6 Glengilp, Ardrishaig (20.03.14) Malcolm Sinclair, 2 Dunans Road, Cairnbaan, Lochgilphead (06.03.14) Caroline Sinclair, Achnacree, Rhubaan Road, Tighnabruaich (15.03.15)

Objections:

Robert Baxter, 13 Whitegates Road, Lochgilphead (18.02.14) Sarah Blair, 9 Fernoch Crescent, Lochgilphead (18.02.14) Nick Boyle, Jewson Ltd., Bishopton Road, Lochgilphead (10.01.14) Iain Buntain, 1 Royal Mews, Ardrishaig (18.02.14) David Carey, 10 Hillfoot Terrace, Tarbert (18.02.14) The Co-operative Group, c/o GL Hearn Ltd., 16 Gordon Street, Glasgow (15.01.14) Kirsten Eadie, 7 Cnoc Mor Place, Lochgilphead (18.02.14) Michael Everett, Westerlands, Minard (10.01.14) Lena Ferguson, 19 Argyll Street, Lochgilphead (10.01.14) John Frier, Unit 6, Kilmory Industrial Estate, Lochgilphead (10.01.14) Ross Hodson, 22 Poltalloch Street, Lochgilphead (18.02.14) Hilda Knight, 12 Glenfyne Park, Ardrishaig (10.01.14) Eddie MacCallum, Thornwood, Furnace (18.02.14) John McFadden, 27 Fernoch Drive, Lochgilphead (18.02.14) Alasdair B MaGilp, Smithy Lane, Lochgilphead (10.01.14) Archie MacGilp Jnr, 3 Old School House, St Clair Road, Ardrishaig (10.01.14) Archie MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) Barbara MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) Kirsty MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) David MacInnes, 32 Fernoch Park, Lochgilphead (10.01.14)

John McKellar, 1 Castle Park, Kilmartin (18.02.14) Sheila M McKenzie, 9 Whitegates Court, Lochilphead (13.01.14) MacLeod Construction, c/o GL Hearn Ltd., 16 Gordon Street, Glasgow (14.01.14, 24.01.14, 11.03.14) Greig MacLeod, Barvaltair, Castleton Harbour, By Lochgilphead (18.02.14) Jonathon MacLeod, 4 Blue Rocks, Achnaba, By Lochgilphead (18.02.14) H. McNeill, 41 MacIntyre, Lochgilphead (18.02.14) Robert MacTavish, 7 Cnoc Mor Place, Lochgilphead (10.01.14) Archie MacVicar, 5 Mathieson Place, Lochgilphead (18.02.14) Pat Marshall, 9 Meadows Crescent, Lochgilphead (18.02.14) Mid Argyll Chamber of Commerce, Kilmory Industrial Estate, Lochgilphead (10.01.14) The Occupier, 17 Duncuan View, Ardrishaig (18.02.14) The Occupier, 13 MacDonald Terrace, Lochgilphead (18.02.14) Jill Preston, 3 Old School House, St Clair Road, Ardrishaig (10.01.14) Patsy Preston, 13 Lindleybank, Alness (10.01.14) Neil Rennie, Flat 7, 14 Argyll Street, Lochgilphead (18.02.14) Alex Samborek, 5 Dun Mor Avenue, Lochgilphead, (10.01.14) Stuart Shaw, Cowal Building & Plumbing Supplies Ltd., 10 Jane St., Dunoon (10.01.14) John Sweeny, Dewars Boot Store, Main St East, Inveraray (10.01.14) Karen Wylie, 15 Duntrune Place, Lochgilphead (18.02.14) Jilly Wilson, The Square Peg, Colchester Square, Lochgilphead (10.01.14)

(ii) Summary of issues raised:

Issues Raised by Local Elected Member:

• Cllr Philand has, without expressing support or otherwise for the development, requested that the application be subject to a full independent economic assessment to ensure that the elected Members of the PPSL Committee are fully appraised of the potential impact of these proposals by a company trading nationally upon the interests of small businesses within the Lochgilphead town centre.

Comment: Upon further examination of the proposal it has been established that despite the application seeking for permission for over 500sqm of floorspace the business case submitted by the applicant indicates that a maximum of 45sqm of this would be utilised as retail floorspace which might trade in direct competition with the Lochgilphead town centre. Taking into account the fact that the proposal involves a relocation of Harbro’s existing sui generis operation which trades successfully alongside the Lochgilphead town centre from Kilmory Industrial Estate, it is considered that a retail impact assessment to establish the effect of such a small amount of floorspace (45sqm) on Lochgilphead town centre shops as a whole will not provide any useful assessment of impact, given the variables of other forms of trade draw (e.g. other town centres, or internet or catalogue shopping, will also have an effect on this) and is therefore considered unnecessary.

Support for the Proposed Development:

• The proposal provides a clear opportunity to facilitate the improvement of the Clock Lodge for the benefit of the local community, it is considered that the upgrading of the Clock Lodge will be beneficial to Lochgilphead and will help the town to attract new visitors. It is highlighted that previous attempts by the community to identify a viable use for the Clock Lodge building and fund its restoration have all faltered and it is suggested that the current proposal is an acceptable compromise which provides a viable means of securing the future of the building. Concern is expressed that if Harbro are unsuccessful in their current application that not only might they be lost to the town but so would the opportunity to secure their help in saving the Clock Lodge.

• It is contended that the proposal been designed with due consideration for its sensitive location and potential to impact upon the natural environment and the setting of the Clock Lodge. The setting of the Clock Lodge should not be categorised as an important historic landscape as the building has over the years been hemmed in by the High School and residential development.

• The Council should be supportive of a proposal which not only seeks to support the expansion of a local business but which would provide a viable means of securing significant improvement to the dilapidated Clock Lodge building. The proposal will be of great benefit to Lochgilphead both in terms of conserving its past and enhancing its economic future.

Objections to the Proposed Development :

Designation of Site for Community/Tourism/Recreational Use :

• Objection is raised to the development of a commercial/industrial development on land which is identified in the Local Plan for tourism and recreational use.

Comment: It is agreed that the proposals represent a ‘minor departure’ to the provisions of MU-AL 12/1 in the adopted Local Plan. It is however noted that the proposal can reasonably be viewed to be ‘enabling development’ and therefore consistent with the provisions of PDA3013 in the proposed Local Development Plan. Consideration of these matters is set out in detail within Appendix A of this report.

Potential Adverse Impact Upon Retailers Located within Lochgilphead Town Centre:

• Concern is raised that the development of a large retail unit on the outskirts of town will result in the closure of existing small retailers within the town centre; this will have the additional consequence of increasing vacancy rates within the town centre, and job losses;

• It is noted the Applicant is already trading in the locality this is effectively restricted to trade customers by virtue of their location within Kilmory Industrial Estate. Concern is expressed however that relocation to a prominent roadside location will allow Harbro to target custom from the general public to the detriment of the small independent retailers within

the town centre;

• Concern is expressed that the current economic climate already provides a challenging environment within which many of the existing small retailers in Lochgilphead town centre are struggling to operate. It is contended that in such tough economic times it is not appropriate to be sharing the small amount of existing trade with a large externally based company which would certainly remove any profit from the local economy;

• Concern is expressed that the proposed development will prove a more attractive offer than existing retailers and have a direct impact by diverting customers away from the town centre. It is expressed that there would be a further indirect effect from a consequent reduced frequency of browsing customers and impulse purchases;

• It is contended that there are already a number of empty retail premises within Lochgilhead town centre which would indicate that the town does not require the provision of additional retail floorspace;

• It is contended that there are sequentially preferable sites for retail development within an on the edge of the town centre. It is suggested that the proposal may be contrary to policy LP RET 1 and emerging policy LDP 7

Comment: It is noted that whilst representations express a view that sequentially preferable sites for retail development exist, they do not actually identify any such locations. It is noted that Harbro already operate successfully in Lochgilphead alongside the independent retailers within the town centre, in this respect Harbro have stated their intent to continue, rather than significantly expand upon, their existing retail operation – it is the consideration of Officers that this position, and sufficient control over any potential future retail use of the development, can be satisfactorily achieved by means of planning conditions. A detailed assessment of the proposal against the provisions of policy LP RET 1 is set out in Appendix A of this report.

Business & Industry Policy Considerations:

• It is contended that there are suitable sites available for the development within Kilmory Industrial Estate which have been identified to Harbro by the land owner, M&K MacLeod. Concern is raised that the proposed development would be contrary to the provisions of LP BUS 1 which advises that greenfield sites be avoided if brownfield sites are available within the locality. It is further noted that the Local Plan also directs proposed business developments to the established business and industry sites referred to in schedule B2.

• It is contended that M&K MacLeod, in obtaining planning permission (ref. 14/00163/PP) for the formation of an access to proposed Business & Industry Allocation BI3001 (as identified in the pLDP) confirms that Harbro’s requirements could be met at Kilmory;.

• It is contended that the proposed development would undermine the

Council’s policies which seek to direct new commercial development to identified sites and as such may set a precedent which undermines the viability of delivering the allocated business and industry sites in the future;

• It is contended that elsewhere Harbro operate successfully from industrial estate locations which would suggest that Kilmory Industrial Estate is not an unsuitable location in operational terms for their business.

Comment: The current application is accompanied by an assessment of sites within the identified business and industry locations which concludes that there are no sites which are both suitable and available within the time period required by Harbro. Approval of the current application would not set a precedent which undermines the Council’s intent to direct new business and industry development to sequentially preferable locations, and it is advised that any future applications for planning permission would require to be assessed on their own merits and having due regard to the policy and other relevant circumstances which prevail at that time. A detailed assessment of the proposal against the provisions of policy LP BUS 1 is set out in Appendix A of this report.

Impact Upon the Historic Environment:

• Concern is expressed that the proposed new development will have an adverse setting upon the category B listed Clock Lodge and as such is contrary to the provisions of policy LP ENV 13(a);

• It is suggested that the harm which will be caused by the proposed new development is such that this would outweigh the benefits which Harbro might provide in the form of repairs of the Clock Lodge and a such cannot be legitimately considered to be ‘enabling development’;

• It is contended that the Clock Lodge is a landmark building on the outskirts of Lochgilphead, concern is expressed that the proposals to make the property wind and watertight are insufficient and that any enabling development should ensure that the property is restored rather than simply “made good”.

• Concern is raised that, in the event that planning permission is granted, Harbro could not guarantee to be in a position to undertake the full restoration of the Clock Lodge building.

• It is suggested that Harbro have overstated the cost of the propose repair works to the Clock Lodge and that there is no substantive basis provided for the sums specified within the supporting documentation.

Comment: The current application has not been subject to objection from the Council’s Conservation Officer who has expressed support for the proposal. A detailed assessment of the proposal against the provisions of policy LP ENV 13(a) is set out in Appendix A of this report. Harbro have, within their proposal and in discussion with Officers, confirmed that it would be their intention to undertake the meaningful repairs to the Clock Lodge in advance of construction work commencing on the new development – the phasing of the development to ensure delivery of such works can be secured by planning conditions and/or

the terms of sale of the property. It is also noted that the estimated costs for works to the Clock Lodge are based upon earlier work undertaken by the Lochgilphead Phoenix Project and the Strathclyde Building Preservation Trust during their options appraisal of the property.

Road Safety/Access Issues:

• Concern is expressed that the proposed access onto the A83(T) will be a road safety hazard;

Comment: The access is onto a lit 30mph section of the trunk road and Transport Scotland have not raised objection to the proposal.

• Concern is expressed that previous feasibility studies for the re- development of the Clock Lodge have foundered due to an inability to obtain a safe access from the A83(T).

Comment: It is unclear from the submitted representations of the timing of such previous feasibility studies. It is however to be noted that the prospect of obtaining direct vehicular access from the A83(T) was significantly improved with the reduction in the speed limit to 30mph which coincided with the opening of the Lochgilphead Joint Campus. Prior to this the A83(T) running past the Clock Lodge was subject to a 60mph speed restriction with significantly higher visibility standards.

Procedural Issues:

• It is contended that, if the Council were minded to grant planning permission then this would require, under the provisions of the Town and Country Planning (Notification of Applications)(Scotland) Direction 2009, require to be notified to the Scottish Ministers in light of the Council’s landownership interest in the application site and the fact that the proposal would be a significant departure from the Development Plan.

Comment: For the purpose of clarity is considered that the proposal is a justified ‘minor’ departure rather than ‘significant’ departure to the provisions of the Development Plan and as such would not require notification to Scottish Ministers.

(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No

(ii) An appropriate assessment under the No Conservation (Natural Habitats) Regulations 1994:

(iii) A design or design/access statement: Yes

Design and Access Statement (updated 21.02.14)

1. Company Background:

The design and access statement identifies that Harbro are one of Scotland’s leading animal nutrition manufacturing companies whose primary market is the agricultural sector, developing products for sheep, cattle, pigs, horses and poultry. These products are complimented by a specific range of ancillary products related to both their primary market and other closely related rural markets. All products within Harbro Country Stores are sold retail to end customers; they are not a wholesaler whereby goods are sold to retailers. The majority of Harbro Country Store customers will buy in large quantities and are account based; the majority of products stocked are bulky.

2. Issues with existing site / Requirement for relocation:

Harbro have been based in Kilmory Industrial Estate since 2001; their current accommodation comprises a single unit of 114sqm with a mezzanine level providing an additional 20sqm of storage. A curtain sided trailer is retained in the front yard of the site to provide additional storage; some goods are also stored externally within this area.

Having undertaken a strategic review of the Lochgilphead business Harbro have concluded that if the growth which has been experienced since 2001 was to be sustained over the next 5-10 years is to be sustained then this could not be realised at the current location. Having sought and been unsuccessful over the last 5 years in acquiring a suitable alternative site within the established/identified business and industry locations Harbro decided in 2013 that they could no longer wait or rely on other parties and have concluded that they have two options: to either identify an alternative site outwith the established/identified business and industry locations, or relocate outwith Lochgilphead.

The existing site at Kilmory Industial Estate is considered to be unsuitable by Harbro’s for their current business operation, the justification offered in support of their decision to relocate from the current premises include:

• Insufficient space available to carry required levels of stock necessitating a higher frequency of deliveries and associated haulage costs;

• No scope of expansion within the existing site;

• Some 50% of external space is currently utilised for storage; limited car parking available for staff and customers; health and safety/conflict between customers/stock management and delivery movements;

• Unit is located within a part of Kilmory Industrial Estate which is not visible from the main thoroughfare and as such is both difficult to find and inconvenient for customers;

• Unit is located within a section of Kilmory Industrial Estate that is

generally in poor condition with unkempt storage yards on either side of the premises. This location does not convey the correct brand image for Harbro and is not a location where Harbro would be prepared to commit to a long term investment.

3. Proposed Development:

The Clock Lodge location was identified by Harbro following their decision to identify a site outwith the ‘traditional’ business and industry locations which had proved fruitless. The Clock Lodge was available for sale on the open market during 2011/12 during which time two offers for the premises were submitted although neither was accepted by the Council.

The Lochgilphead Phoenix Project (LPP), a local community group, then formally lodged an ‘expression of interest’ in the Clock Lodge and obtained support from the Strathclyde Building Preservation Trust to undertake a development study. An Options Appraisal looked at various development suggestions for the site as a whole as well as a detailed analysis of the Clock Lodge and the cost of repair. It is Harbro’s intent to work with the LPP, providing considerable front-end investment in the Clock Lodge, provision of infrastructure and rejuvenation of the surrounding woodland.

The proposed development is for a storage unit of 300sqm and a retail unit of 200sqm linked with ancillary office/staff welfare accommodation.

The 300sqm storage unit will enable the required volumes of bulk sale products to be stored to rationalise haulage and distribution issues. This single storey building will accommodate floor to ceiling height racking storage. Goods will be sourced by forklift vehicles. Customers will not have access to this section of the development in the interest of health and safety.

The 200sqm retail unit will enable all products and respective ranges to be fully displayed. All customers will access the development via the retail unit where there order will be taken. Customers wishing to purchase bulk quantities of goods will be able to drive round to the rear yard where staff will collate the order and load the customer’s vehicle.

A conscious effort has been made in the design and layout of the proposed development to physically separate the new development from the Clock Lodge, setting the new buildings back from the road with opportunity to retain roadside tree cover and to provide a significant landscape screen to maintain the immediate setting of the Clock Lodge. The new buildings have been broken down into two principle elements (the design of which has been based upon the proportions of the Clock Lodge) with a link with the intent of avoiding a building of overbearing mass in proximity to the Clock Lodge. The new buildings will be recessively finished in translucent stained, horizontal timber cladding with a coloured metal, standing seam roof. Doors into the storage unit will also be timber clad to avoid the unsightly appearance of metal roller shutter doors.

(iv) A report on the impact of the proposed Yes

development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc:

The application for planning permission is accompanied by the following supporting documents:

• Retail Statement (updated 21.02.14); • Woodland Management Plan (27.10.13) • Bat Survey (Nov. 2013) • Eco Constraints Report (October 2013) • Clock Lodge Conservation Management Plan (Nov. 2013) • Clock Lodge Conservation Plan Condition Report (Nov. 2013) • Clock Lodge Options Appraisal Final Report (June 2013) • Clock Lodge Scope of Works (August 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 and Bute Structure Plan’ 2002

STRAT DC 1 – Development within the Settlements STRAT DC 7 – Nature Conservation and Development Control STRAT DC 9 – Historic Environment and Development Control STRAT DC 10 – Flooding and Land Erosion

‘Argyll and Bute Local Plan’ 2009

LP ENV 1 – Impact on the General Environment LP ENV 2 – Impact on Biodiversity LP ENV 6 – Impact on Habitats and Species LP ENV 7 – Impact on Tree/Woodland LP ENV 12 – Water Quality and Environment LP ENV 13a – Development Impact on Listed Buildings LP ENV 18 – Protection and Enhancement of Buildings LP ENV 19 – Development Setting, Layout and Design

LP BUS 1 – Business and Industry Proposals in Existing Settlements

LP RET 1 – Retail Development in the Towns – The Sequential Approach LP BAD 1 – Bad Neighbour Development

LP SERV 1 – Private Sewage Treatment Plants and Wastewater Systems LP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems LP SERV 4 – Water Supply LP SERV 5 – Waste Related Development and Waste Management Sites LP SERV 8 – Flooding and Land Erosion – The Risk Framework for Development

LP TRAN 1 – Public Access and Rights of Way 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 PG 1 – Planning Gain LP DEP 1 – Departures to the Development Plan

Appendix A – Sustainable Siting and Design Principles Appendix C – Access and Parking Standards Appendix E – Allocations, Potential Development Area Schedules and Areas for Action Schedules – MU-AL 12/1

(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.

• Scottish Planning Policy (SPP); • Scottish Historic Environment Policy (SHEP); • Argyll and Bute Proposed Local Development Plan Feb. 2013 (pLDP); • ABC Sustainable Design Guidance • Consultee Comments; • Third Party Representation

(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 – land ownership

(O) Requirement for a hearing (PAN41 or other): In light of the significant body of representation to the proposal (6 parties in support and 40 parties raising objection at

the time of writing) and the recommended ‘minor departure’ to the provisions of the development plan, Members are recommended to hold a local hearing in advance of determining the application.

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

The proposal seeks detailed planning permission for the erection of a new Harbro Country Store, which is in practice constitutes a sui generis , mixed use development comprising 200sqm retail floorspace, 300sqm storage and distribution, and ancillary office and staff welfare facilities, which in view of its particular nature does not fall within any of the established planning use classes.

Harbro have been operating from the Kilmory Industrial Estate since 2001 providing a retail offering in bulky goods including animal feeds, agricultural equipment and veterinary products, primarily to account based agricultural and equestrian customers. Harbro state that they have outgrown their existing premises and require to relocate in order to continue the growth of their business. The location at the Clock Lodge has been identified following an extensive but unsuccessful search for alternative premises, which has included consideration of sites within Lochgilphead town centre and sites within the immediate locality which are identified in the Local Plan as preferable locations for business and industry. Harbro have stated that their intent to increase their retail floor area will not introduce additional competition to the retail offering of existing independent retailers within the Lochgilphead town centre, but will instead seek to address significant shortcomings at their existing premises where there is insufficient space to adequately display the full range of products which are currently stocked and retailed. Officers are of the view that (subject to appropriate limitations being imposed upon the new development having regard to the preclusion of any future subdivision of the unit, a specification of a maximum retail floorspace in general and specification of a maximum retail floorspace for comparison products which overlap with the provision of town centre retailers), the proposed development is unlikely to have any significant adverse effect upon the vitality or viability of the existing town centre. The proposal is considered to be consistent with the relevant provisions of policies LP RET 1 and LP BUS 1.

Harbro have expressed intent in their planning application to undertake extensive repair work to the long-term vacant and dilapidated, Category B Clock Lodge building which lies within the application site boundary. The scheme of works proposed would return the building to a wind and watertight condition and would be accompanied with the offer of a long lease to the Lochgilphead Phoenix Project. They would thereafter seek to identify a viable new use for the property and the funding necessary for the internal alteration/extension of the building to facilitate such a development, subject of course, to obtaining the relevant planning and listed building permissions. The current proposal would also provide a new vehicular access, facilitation of other infrastructure necessary for the re-use of the Clock Lodge and the rejuvenation and long-term management of the building’s woodland setting. Harbro have expressed an intention to commit to a combined expenditure which may exceed £300,000 toward securing the future of the Clock Lodge and its setting, over and above the cost of developing their proposed new Country Store.

The proposed development is located within Mixed Use Allocation MU-AL 12/1 wherein the ‘Argyll and Bute Local Plan’ 2009 is supportive in principle of community facility, tourism and recreational developments. The inclusion of retail and storage/distribution elements would represent a ‘minor departure’ to the provisions of

MU-AL 12/1. However, the site is identified within proposed PDA3013 in the emerging ‘Argyll and Bute Local Development Plan’ wherein the concept of ‘enabling development’ is supported. The significant expenditure proposed by Harbro toward the repair of the Clock Lodge, provision of infrastructure and management of the surrounding woodland over and above the development costs of the Country Store are sufficient to merit consideration of the proposal as ‘enabling development’. The relevant provisions of the proposed Local Development Plan have not been subject to representation in the LDP consultation process and may therefore be afforded significant material weight at this time as the Council’s most up to date expression of policy. As such they would provide sufficient justification (having regard to LP DEP 1) for approval of development as a ‘minor departure’ to the current adopted Local Plan.

The proposed development will result in a significant loss of woodland, including an area identified on the Ancient Woodland Inventory, to new development. It is however recognised that the existing woodland area is unsustainable having regard to the lack of diversity of age and species within the woodland, poor condition of many of the remaining specimens and infestation by non-native species. The proposed development includes for the restructuring and management of the woodland to ensure its retention in the longer term. The proposal has also had adequate consideration of the biodiversity of this woodland area and makes sufficient provision to protect such natural resources. The proposal is consistent with the relevant provisions of STRAT DC 7, LP ENV 2, LP ENV 6, LP ENV 7 and LP ENV 12.

The proposed new development will sit within relatively close proximity to the category B listed building and will have an impact upon its historic setting. The proposed new development is however integrally linked to the delivery of much needed repair and maintenance work to restore the Clock Lodge to a wind and water tight condition, which will increase the viability of the building as a potential community development. The Council’s Conservation Officer is content that the proposed new development is of appropriate recessive finish, design, scale and massing in relation to the Clock Lodge and will not challenge the prominence of this important, gateway building, and that with the proposed provision of a tree screen between the existing and proposed new buildings that any negative impact upon the setting of the Lodge would be sufficiently outweighed by the positive elements of the development. The proposal is considered to be consistent with the relevant provisions of STRAT DC 9, LP ENV 13a and Scottish Historic Environment Policy.

The application has been subject to a significant body of third party representation with 40 objections, 6 in support and 1 neutral observation received to date.

(Q) Is the proposal consistent with the Development Plan: No

(R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted:

As per Section S Below

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

The proposed development is located within Mixed Use Allocation MU-AL 12/1 wherein the ‘Argyll and Bute Local Plan’ 2009 is supportive in principle of community facility, tourism and recreational developments. The inclusion of retail and storage/distribution elements would represent a ‘minor departure’ to the provisions of MU-AL 12/1. However, the site is identified within proposed PDA3013 in the emerging ‘Argyll and Bute Local Development Plan’ wherein the concept of ‘enabling development’ is supported. The proposal is associated with a commitment to significant expenditure in respect of the repair of a prominent adjacent listed building which has been unoccupied for many years and is in a deteriorating condition. The works required to the existing fabric have proven a serious impediment to the ability to secure a viable use for the structure. The contribution which the development is able to make to the securing of a future for this building along with the management of the surrounding woodland merit consideration of the proposal as ‘enabling development’. The relevant provisions of the proposed Local Development Plan have not been subject to representation in the LDP consultation process and may therefore be afforded significant material weight at this time as the Council’s most up to date expression of policy. As such they would provide sufficient justification (having regard to LP DEP 1) for approval of development as a ‘minor departure’ to the current adopted Local Plan. The proposal is consistent with other relevant retail policy, historic environment, nature conservation and transport policies.

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

Author of Report: Peter Bain Date: 3rd April 2014

Reviewing Officer: Richard Kerr Date: 4th April 2014

Angus Gilmour Head of Planning & Regulatory Services

CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 13/02855/PP

1. The development shall be implemented in accordance with the details specified on the application form dated 8th December 2013 and the approved drawing reference numbers 1/21 – 21/21 unless the prior written approval of the planning authority is obtained for other materials/finishes/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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the development hereby approved shall be operated as a single retail unit and integrated storage and distribution facility which provides a maximum gross retail floor space of 200sqm and, which shall not be subdivided without the benefit of express planning permission. Members of the public shall be excluded from the storage and distribution facility. For the avoidance of doubt this consent does not confer a Class 1 retail use in respect of the site as a whole.

Reason: To afford the Planning Authority opportunity to fully assess the impact of such works (which might otherwise not require the benefit of express planning permission) in the interests of ensuring that they would not have a detrimental effect upon the vitality or viability of the Lochgilphead town centre.

3. The range of goods to be sold from the retail unit hereby approved shall be limited to those related to agricultural, horticultural and equestrian products of the nature specified below.

a) Livestock feeds & supplements; b) Animal health products; c) Equine feeds, forages and supplements; d) Dog food sold in bulk bags of 15kg or greater; e) Birdfeed sold in bulk bags 15kg or greater, and bird feeders ; f) Farm equipment and hardware. g) Appropriate chemicals, fertilizers, weed killers, pest control products; h) Appropriate clothing and footwear including boilersuits, overalls, personal protective equipment, gloves, shirts, outdoor jackets, Wellington boots, work boots, riding boots and the like all appropriate to the agricultural/horticultural working environment and equestrian activities (e.g. sports and leisure wear, formal and casual footwear, dresses and suits would not be appropriate).

The products specified under h) above shall not cumulatively account for more than 12.5% of the gross retail floor space.

Any other products that are not listed specifically above but which can be demonstrated to be ancillary to those listed above for the purposes of agricultural, horticultural and equestrian use shall not cumulatively account for more than 10% of the gross retail floor space.

Reason: In order to restrict the use of the premises and ensure that the retail proposal does not adversely impact on Lochgilphead town centre”.

4. No development pertaining to the construction of the ‘Harbro Store’ shall commence until the works identified as ‘Stage 1’ in the submitted Scope of Works (document dated August 2013) have been completed to the satisfaction of the Planning Authority, unless an alternative time period is agreed in writing with the Planning Authority.

Thereafter, the restoration works identified as ‘Stage 3B’ shall be completed to the satisfaction of the Planning Authority within 5 years from the date of the ‘Harbro Store’ first being brought into use, unless an alternative time period is agreed in writing with the Planning Authority.

For the avoidance of doubt, the restoration/replacement of windows (including glazing within the dormers) shall be included within the Stage 3B works.

Reason: In order to underpin the justification for approval of planning permission as ‘enabling development’.

5. No development shall commence until details for the re-alignment of the stone boundary walls adjoining the A83(T) have been submitted to and approved in writing by the Planning Authority. Thereafter the development shall be completed in accordance with the duly approved details.

Reason: In order to protect the historic environment.

6. No development shall commence until a Woodland Management Plan providing for the retention, augmentation and long term management of the extent of woodland within the application site has been submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage.

The Woodland Management Plan shall include schedule providing for a timetable for the implementation of its proposals and identify the provisions to be made for the on- going active management of the woodland.

Thereafter the specified works shall be undertaken in accordance with the approved schedule and the woodland managed in accordance with the approved Woodland Management Plan unless otherwise agreed in writing with the Planning Authority.

Reason: In order to ensure the long term viability and management of adjacent woodland which will be directly affected by the development, and which it is vital to retain as a key feature in the historic environment/local landscape setting.

7. No development shall commence until a programme of measures for the protection of trees during construction works has been submitted to and approved in writing by the Planning Authority. This programme shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2005 “Trees in Relation to Construction”.

Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. None of the trees to be retained shall be lopped, topped or felled unless otherwise approved in writing by the Planning Authority.

Reason: In order to retain trees as part of the development in the interests of the

setting of the historic environment, amenity and nature conservation.

8. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of:

i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Proposed hard and soft landscape works.

The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme.

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority.

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.

9. Notwithstanding the effect of Condition 1, no development shall commence until samples of materials and colour finishes to be used in the construction of roof coverings and external walls have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed 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.

10. Notwithstanding the effect of Condition 1, foul drainage from the development shall be discharged to the public sewerage system.

Reason: In order to comply with the provisions of policy LP SERV 1 of the adopted Argyll and Bute Local Plan 2009.

11. Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C697. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

12. At least two months prior to the commencement of development, a Construction Method Statement (CMS) detailing all mitigation and pollution prevention measures to be implemented during construction of the development shall be submitted to and agreed by the Planning Authority in consultation with the Scottish Environment Protection Agency and Scottish Natural Heritage. This should address all aspects of the construction process which might impact on the environment, including in

particular, temporary construction site SUDS, fuel and chemical storage arrangements, the timing of works to avoid periods of high rainfall, buffer strips alongside watercourses, the management of waste streams, invasive non-native plant species, environmental management, along with monitoring proposals, contingency plans and reinstatement measures. The development shall be implemented in accordance with the provisions of the duly approved CMS or any subsequently agreed variation thereof.

Reason: In the interests of pollution control and protection of the water environment.

13. Notwithstanding the provisions of Condition 1, no development shall commence until details for the permanent closure of the existing vehicular access to the site by physical means have been submitted to and approved in writing by the Planning Authority in consultation with Transport Scotland. The duly approved scheme shall be implemented in advance of any building works commencing on site, and concurrently with the approved vehicular access to the development first being brought into use and the original means of access shall be closed to vehicular traffic and shall remain closed thereafter.

Reason: In the interest of road safety.

14. Notwithstanding the provisions of Condition 1, no development shall commence until scheme for the provision of pedestrian access to the development have been submitted to and approved in writing by the Planning Authority. The duly approved scheme shall be fully implemented prior to the development first being brought into use.

Reason: In the interest of road safety.

15. The parking and turning area shall be laid out in accordance with the details shown on the approved plans, and surfaced prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

Reason: In the interest of road safety.

16. The development shall be undertaken wholly in compliance with the mitigation measures set out in the submitted Ecological Constraints/Scoping Survey dated October 2013 and the Bat Survey Report dated November 2013 unless the prior written approval of the Planning Authority is obtained for a variation of these terms.

Reason: To ensure that the development is implemented in compliance with mitigation measures identified within the submission as being necessary to protect European Protected Species and local biodiversity interests.

17. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (as amended), (or any Order revoking and re-enacting that Order(s) with or without modifications), no advertisement falling within Classes II, III, IV and VI of Part IV, Regulation 10 Schedule 4 of the Regulations shall be displayed within the application site boundary without the prior written approval of the Planning Authority.

Reason: In order to allow the Planning Authority a degree of control over the display of advertisements benefiting from ‘deemed consent’ under the ‘advertisement’ regulations

but which could, if unsympathetic, have potential to have a significant adverse impact upon the setting of the category B listed Clock Lodge.

18. No development shall commence until full details of any external lighting to be used within the site has been submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

No external lighting shall be installed except in accordance with the duly approved scheme.

Reason: In order to avoid light pollution in the interest of amenity.

19. Notwithstanding the provisions of Condition 1, the development hereby permitted shall be restricted to the specified operational hours of 08.00 – 18.00 hours on any day excepting Bank Holidays when the use shall not be permitted at all.

Reason: In order to protect the amenity of the area.

20. The development shall not begin until a scheme for protecting nearby residential properties from noise from fixed plant and equipment has been submitted to and approved in writing by the Planning Authority. The development hereby permitted shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the Authority. Reason: In order to protect the amenities of the area from noise disturbance.

21. Harbro shall cease trading from Kilmory Industrial Estate within one month of the development hereby approved first coming into operation.

Reason: To ensure that the retail proposal does not adversely impact on Lochgilphead town centre.

NOTE TO APPLICANT

• The length of the permission: 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 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.

• In order to comply with Section 27B(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.

• This consent does not carry with it the right to carry out works within the trunk road boundary and that permission must be granted by Transport Scotland, Trunk Road and Bus Operations. Please see Transport Scotland’s consultation comments for the relevant contact details.

• For the purpose of clarity it is advised that the provisions of Condition 6. seeks the revision of the Woodland Management Plan submitted in support of the application to address the concerns raised by Scottish Natural Heritage in respect of the long term management of an area of semi-natural woodland, and the use of herbicides.

• For the purpose of clarity it is advised that the provisions of Condition 17. do not seek to remove deemed consents for display of advertisements but instead put in place a process for requiring the prior approval of the Planning Authority for the specified deemed consent categories. In considering the acceptability of a written submission for prior approval under the provisions of Condition 17 the Planning Authority would only be assess the acceptability of the advertisement having regard to its impact upon the setting of the category B listed Clock Lodge. Any proposals for signage which do not benefit from the specified deemed consent categories would still require to be subject to a separate application for ‘advertisement consent’.

• All external lighting should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B. Site specific advice may be obtained by contacting the Council’s Environmental Health Officers.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 13/02855/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The current application seeks detailed planning permission for a sui generis (not falling within any use class) mixed use development comprising the primary components of Class 1 Retail and Class 6 Storage and Distribution Use Classes. The proposal therefore requires to be assessed against the relevant Development Plan policies pertaining to Retail (policy LP RET 1) and Business & Industry (policy LP BUS 1) developments.

The application site is located within the ‘settlement area’ of the ‘Main Town’ of Lochgilphead wherein the provisions of policy STRAT DC 1 are supportive in principle of development serving a wide community of interest, including ‘large scale’ development on appropriate infill, rounding-off, and re-development sites. The site lies within Mixed Use Allocation MU-AL 12/1 which promotes community facilities, tourism and recreational development.

‘Large scale’ business development is defined as that with buildings exceeding 600sqm footprint or a gross site area exceeding 2 hectares. With an intended Class 6 floorspace of 300sqm and a further 60sqm of ancillary office/welfare facilities the current application falls within the category of ‘medium scale’ development as defined in the Local Plan. The proposal also includes a ‘medium scale’ retail offering of 200sqm gross floor space. The supporting information which accompanies the application however seeks to establish that within the applicant’s business model these elements are inter-dependent and as such would not be capable of operation from separate locations. For the avoidance of doubt the combined elements of the current application are considered to be ‘medium scale’ in nature having due regard to the relevant provisions of Schedules B1 and R1 in the adopted Local Plan.

Retail Policy Considerations:

Policy LP RET 1 sets out a general presumption in favour of up to and including ‘large scale’ Class 1 retail development within the Lochgilphead ‘settlement area’ subject to the implementation of a sequential approach based upon a decreasing preference for new development stepping out from the defined town centre, through edge of town centre locations, to other locations within the ‘settlement area’. Over and above this, the onus is on the developer to demonstrate that their proposals will not have a significant effect on the vitality or viability of existing town centres. These provisions are also reiterated within proposed Policy LDP 7 and Supplementary Guidance LDP RET 1 in the Argyll and Bute Proposed Local Development Plan 2013.

a) Sequential Assessment:

Scottish Planning Policy sets out that: the sequential approach should be used when selecting locations for all retail and commercial leisure uses unless the development plan identifies an exception. Furthermore it is stated that: the sequential approach requires flexibility and realism from planning authorities, developers, owners and occupiers to ensure that different types of retail and commercial uses are developed in the most appropriate location. Where development proposals in edge of town

centre or out-of-centre locations are not consistent with the development plan, it is for applicants to demonstrate that more central options have been thoroughly assessed and that the impact on existing centres is acceptable.

The current application is provides for a combination of a 200sqm retail unit integrated with a storage and distribution unit of 300sqm, and ancillary welfare/office facilities. The applicant contends that the combined retail and storage/distribution model are integral to the Harbro business operation and cannot reasonably undertaken from separate sites within the same locality. For the avoidance of doubt, Harbro have stated their intent to discontinue the use of their existing site at Kilmory Industrial Estate upon opening of the new store. The primary retail function is intended to be the sale of bulky items such as livestock feed and farm equipment which is displayed within the retail space, but stored and distributed from the associated depot. The submitted details also indicate that the storage and sale of ancillary products such as animal health products, equestrian clothing, work wear, horticultural products, bird food and accessories storage will be confined to the retail section of the development. It is accepted by Officers that the stated requirement for 500sqm of combined floorspace is critical to the sequential assessment of the site, rather than this being based solely upon the lower retail floorspace requirement.

The applicant has undertaken an assessment of potential alternative locations within Lochgilphead town centre and edge of centre based upon a presumption for a minimum site area of 0.5ha – this being what would be required for the provision of the retail and storage/distribution and service areas associated with the current application.

The submitted details include consideration of two existing properties in Lochgilphead Town Centre (former SPAR and Victoria Hotel) which are vacant/marketed for sale – both of these properties have been discounted as being of insufficient size to accommodate the extent of the proposed development. The existing Co-op store on Bishopton Road has also been identified as a location which has sufficient scope to accommodate a development of the scale deemed to be necessary by Harbro; however the Co-op have advised Harbro that this site is presently unavailable as they have not yet determined any definitive timescale for an intended relocation of the existing Co-op store to an alternative location which has the benefit of planning permission on Polltalloch Street.

The Council’s Development Policy Officers have advised that they are satisfied that there are no suitable town centre, or edge of centre sites which are available or could become available within a reasonable period of time. b) Impact Upon Vitality and Viability of the Town Centre

Within the SPP, ‘vitality’ is defined as a measure of how lively and busy a town centre is. ‘Viability’ is a measure of ongoing investment for maintenance, improvement and adaption to changing needs. The SPP also sets out key measures which can be used to establish the performance of a town centre.

The application is accompanied by an assessment of the ‘health’ of the Lochgilphead Town Centre against a number of key performance indicators identified within the SPP; conclusions are based upon survey work undertaken on behalf of the applicant in October 2013. The survey concludes that:

Lochgilphead is the principal town within the Mid Argyll area and as such acts as the main retail and administrative centre for the settlement and surrounding areas. The town centre is occupied by a mix of users including retailers and service occupiers, which along with the range of other commercial and civic uses, provides a strong diversity of uses and ensure the centre performs well in its function as a local service centre for the Mid Argyll area.

The centre is dominated by independent retailers who occupy the majority of town centre units. This shows that independent retailers continue to trade successfully in the current tough economic conditions. Whilst representation by national multiples is low, this would be expected given the rural location of Lochgilphead and the higher costs to national multiples in transporting goods from centralised distribution points acting as a constraint to national multiple retailers.

The low level of vacant units (1 retail unit) shows that there is a healthy demand for retail premises in the town centre. (It should be noted that subsequent to the survey in October 2013 the Stables Restaurant and Takeaway has also been vacated but is currently in the process of refurbishment).

The pedestrian footfall counts show that Lochgilphead has a relatively lively town centre which is easily accessible. The properties within the town centre are generally well maintained and there is a high level of cleanliness throughout. Overall, it is concluded that Lochgilphead has both a vital and viable town centre.

The details submitted in support of the application set out that: the purpose of the proposed development is to provide modern, purpose built facilities for Harbro which meet their operational requirements and ensure the long term future of the business within Lochgilphead. The proposal is the relocation of an existing facility and the retail element of the business will continue to retail the same range of goods as currently sold within the existing Harbro unit. The enlarged floorspace will enable Harbro to provide an enhanced display and demonstration space, particularly for bulkier items, rather than significantly increase the range of goods sold.

In considering the presence of competing facilities, it is argued that: there are no facilities within the town centre directly comparable with the Harbro retail element. It is noted that there are two shops within the town centre which sell domestic pet supplies in addition to hardware supplies, however pet supplies are just one element of their offer. The existing Harbro store currently sells a very small proportion of domestic pet supplies since it came into existence ten years ago, trading successfully alongside the stores within the town centre. The new Harbro store will continue to retail these products but the proportion and range of these products will not be any greater than is already on sale in the existing Harbro store, and as such would not materially impact upon these existing stores. The focus of Harbro’s retail offer in the new premises will be the sale of bulkier items such as livestock feed, farm equipment and equine supplies, which are not currently available within the town centre.

It is further contended that there is sufficient evidence to suggest that: Lochgilphead town centre is performing strongly when considered against the indicators of vitality and viability. It is performing well as a service centre for the Mid Argyll area and the vast majority of uses in the centre do not compete with the Harbro retail offer. As such it is considered that the town centre as a whole would not be materially affected by the proposed development, and there is no prospect that the proposed relocated Harbro development would have a significant adverse impact upon the vitality and viability of the town centre.

Third party representations have raised concerns that the proposed new development will have an adverse effect upon existing independent retailers by diverting trade from Lochgilphead town centre; however, other than an expression of concern, no evidence has been put forward to demonstrate that such an effect will arise.

In considering this proposal Officers have had further discussion with Harbro with a view to understanding their existing operation and stated requirement for 200sqm of retail floorspace, to ascertain firstly whether it would be appropriate to grant planning permission without a detailed retail impact assessment being undertaken, and secondly, to establish (if planning permission were to be granted) whether it would be possible to secure sufficient control over the retail offering within the development to sufficiently protect the interests of the Lochgilphead town centre. Harbro have confirmed that they would intend to utilise the majority (77.5%) of the retail floor space for the display and sale of livestock feeds and supplements, animal health products, equine feeds, forages and supplements, bulk bags of dog food, bulk bags of bird feed, farm equipment and hardware. Only 12.5% (or 25sqm) of the retail floorspace would be used to sell clothing and footwear which is targeted at agricultural, horticultural, or equestrian pursuits. A further 10% (or 20sqm) would be intended for sale of ancillary products. Officers are of the view that the retail offering of the proposed development could be sufficiently restricted by planning condition to properly define the sui generis nature of the intended use and to protect Lochgilphead town centre from harm arising from retail activity at this out of centre location.

The majority of the retail floorspace will be used to sell bulky specialist, agriculture related products which are also linked to the use of the remainder of the site for storage and distribution. Only 45sqm (less than 10% of the overall floor space and 22.5% of the proposed retail floorspace) of the proposed development would be used to sell products (even this being restricted to a limited range of clothing and footwear and products considered ancillary to agriculture, horticulture and equestrian pursuits) which might offer a degree of competition to the Lochgilphead town centre. The Council’s Development Policy Officers have confirmed that a retail impact assessment to establish the effect of such a small amount of floorspace (45sqm) on Lochgilphead town centre shops as a whole will not provide any useful assessment of impact, given the variables of other forms of trade draw (e.g. other town centres or internet or catalogue shopping will also have on this) and is therefore considered unnecessary.

Having regard to the above and subject to imposition of the identified restrictions relating to the composition of a retail offering and range of products to be retailed, it is considered that the proposal is consistent with the provisions of STRAT DC 1 and LP RET 1.

Business & Industry Policy Considerations:

Policy LP BUS 1 in the Argyll and Bute Local Plan 2009 sets out support for the development of up to and including ‘large scale’ Business and Industry development within the Lochgilphead ‘settlement area’. The provisions of LP BUS 1 also seek to ensure that new development is compatible with its surroundings, is provided with an appropriate standard of infrastructure, and respects the landscape/townscape character and appearance of its surrounds.

Policy LP BUS 1 also requires compliance with Schedule B2 which sets out that the preferred location for all scales of business and industry development in the main towns is within the business and industry allocations, and established business and industry areas. It is also stipulated that greenfield sites should be avoided if brownfield land is available in close proximity. These provisions are also reiterated within proposed Policy LDP 5 and Supplementary Guidance LDP BUS 1 in the ‘Argyll and Bute Proposed Local Development Plan’ 2013. The current application is not located within any of the preferred locations identified within Schedule B2; however the supporting information which accompanies the application sets out the alternative locations which have been considered by the applicant and their justification for dismissing these as viable options.

Again, the site selection process is based upon Harbro’s stated intention to provide a facility with a cumulative floor area of 500sqm with additional space for staff welfare and offices, and sufficient space to allow separation of customers from delivery vehicles and stock management activity. Based upon the layout of the current development proposal, a desirable site area of at least 0.5ha has been identified and applied to the site selection process.

The submitted details set out consideration of six alternative locations within Lochgilphead.

i) The Council Depot on Bishopton Road has been discounted as the site remains in use by the Council and as such is not presently available.

ii) A location at Baddens with a lapsed grant of planning permission in principle for a hotel development has been dismissed as being unsuitable as the development of the site for retail/storage & distribution would be contrary to both the existing and emerging Development Plans. The adopted Argyll and Bute Local Plan 2009 identifies this location as ‘Countryside Around Settlement’ wherein there is a general presumption against development – it is noted that the site has previously obtained planning permission in principle (ref. 09/01003/OUT) for the erection of a hotel complex – this permission was granted based upon the applicant demonstrating an demand for additional, mid-priced tourism accommodation in Lochgilphead which was not catered for in the Local Plan. Whilst this permission has since lapsed in May 2013 the arguments put forward have resulted in the inclusion of this site as a potential development area for a hotel/outdoor recreational facility within the emerging Local Development Plan.

iii) The owner of Kilmory Industrial Estate, M&K MacLeod, has offered Harbro the opportunity to expand their existing operation onto adjoining sites. Harbro have advised that this location has a number of shortcomings notwithstanding the fact that the combined site area of the existing and adjoining sites would only provide a site area of some 0.11ha which is well short of what is desired. In addition to perpetuating existing issues relating to lack of storage and conflict between customers and stock management activities, Harbro have also raised concern that this location is remote from the main service road serving Kilmory (and as such is not the easiest of locations for customers to access or find), is blighted by the generally untidy state of surrounding sites (which sits at odds with the corporate image Harbro would like to portray), and access routes which are constrained by overflow parking. Harbro have advised that they do not view this to be a viable location for long-term investment on their part.

iv) The owner of the southern expansion to Kilmory Industrial Estate, again M&K MacLeod, have offered Harbro the opportunity to relocate to Site 21. At 0.35ha, the site falls below the desirable threshold for the requirements identified by Harbro. Harbro have expressed concern that the site is located a similar distance away from the main route into Kilmory Industrial Estate and would again prove similarly inconvenient for customers to access, the awkward layout of the site would again preclude the desired separation of customers and storage/delivery facilities. Furthermore, the site is located beside a contractor’s plant hire yard and is again, given the lack of control over the quality of the immediate surrounds, this is not considered, by Harbro, to be a viable location for significant investment.

v) & vi) Consideration has been afforded to land identified in the proposed ‘Argyll & Bute Local Development Plan’ as Mixed Use Allocation MU3004 and Business and Industry Allocation BI3001. Notwithstanding M&K MacLeod’s recent grant of planning permission to develop a vehicular access into BI3001 development of these locations are identified to require a masterplan approach in the emerging Local Development Plan. No such masterplan submission has been submitted to the Planning Authority for consideration to date, and in the absence of such a submission it is reasonable for Harbro to conclude that these sites are not immediately available for development.

The applicant has satisfactorily demonstrated that there are no sites which are both suitable and available within the established and allocated business and industry locations identified in both the adopted and emerging Development Plans. In addition to the locations considered, there are no known brownfield sites, which are suitable for the scale and nature of the development proposed. In this circumstance the Council’s Development Policy officer has confirmed that the application may be considered consistent with the uncontested provisions of the proposed ‘Argyll & Bute Local Development Plan’.

The Council’s Environmental Health Officers have not raised objection to the proposed development subject to the imposition of restrictions upon opening hours and external lighting to ensure that the development does not give rise to any significant adverse effect upon the residential amenity of adjoining development at Ross Crescent.

Having regard to the above, the proposal is considered to be consistent with the relevant provisions of policies STRAT DC 1 and LP BUS 1.

Other Settlement Strategy Policy Considerations:

The application site also lies within the boundaries of Mixed Use Allocation MU-AL 12/1 which is identified in Appendix E of the Argyll and Bute Local Plan 2009 for the development of Community Facilities / Tourism / Recreation. The proposed Local Development Plan (pLDP) sets out the Council’s intent to amend the status of this formal allocation to a ‘Potential Development Area’ wherein the site is identified within proposed PDA3013 which is identified for Community Facilities, Tourism/Recreation, Enabling Development.

The current application is accompanied by a supporting statement which contends that the proposed new Harbro store should be appropriately viewed as an ‘enabling development’, sets out a commitment to undertake significant repairs and renovation

of the Clock Lodge building within the application site to a wind a watertight condition, in addition to the provision of access and services which would be required for an as yet unspecified future use of the building.

The Clock Lodge was marketed for sale by the Council during 2011-12 with the surrounding area of woodland in the hope that the surrounding land could be utilised for some form of enabling development (e.g. housing) to offset the cost of renovating the listed structure. Although one interested party examined this option the cost of renovating the Clock Lodge (£400,000 by the interested party’s calculation) was too large to be offset by enabling development. Another significant hindrance to the re- use of the Clock Lodge is the requirement to install a new access to the A83(T). The cost of constructing an appropriate access, estimated at £85-90,000, in addition to renovation cost further pushes any commercial redevelopment of the Clock Lodge away from economic viability. This has been demonstrated by the absence of any formal offers to the previous marketing campaign. However the Lochgilphead Phoenix Project (LPP) has expressed an interest in acquiring the Clock Lodge building from the Council. The Council’s Mid Argyll, Kintyre and the Islands (MAKI) Area Committee agreed in April 2012 to refrain in the short-term from re-marketing the property to enable the LPP to undertake a feasibility study on the redevelopment of the building.

The LPP subsequently prepared an Options Appraisal Report which was completed in June 2013 and which identifies that the Clock Lodge building has a nil market value and a conservation deficit of approximately £280,000. The Options Appraisal considers a number of potential new uses for the site as a whole including redevelopment of the Clock Lodge as a hotel, bunkhouse, arts venue, and holiday letting. Combinations of the former with private housing development and self- catering holiday cabins have also been considered although these findings have not as yet been subject to market testing. Harbro approached LPP to discuss the potential for the development of a Country Store within the woodland setting of the Clock Lodge subsequent to completion of the Options Appraisal.

The MAKI Area Committee have recently considered and agreed a proposal from the Council’s Estates Officers at their February 2014 meeting to sell the Clock Lodge building and surrounding woodland to the LPP for a nominal sum subject to conditional requirements. These would include:

• The onward sale of the property in its entirety to Harbro with a requirement that Harbro undertake repair works to make the Clock Lodge wind and water tight in accordance with a schedule of works prepared by the Strathclyde Building Preservation Trust and agreed with the Council’s Conservation Officer and Historic Scotland (including preliminary costs and contingencies these works are estimated to cost some £226,000), and that Harbro create a new vehicular access to the A83(T) which will also serve any future development/reuse of the Clock Lodge (the cost of providing this access is estimated to cost some £85-90,000 although this would be shared with the proposed Harbro Country Store);

• That Harbro will grant a long lease to the LPP who intend to pursue funding to bring the building back into use. LPP envisages the building being used to create an arts and community hub with café/restaurant although no such details are submitted for consideration in respect of the current planning application;

• That Harbro shall retain responsibility for external repairs to the Clock Lodge and ensuring that it remains wind and watertight;

• That Harbro will erect their proposed Country Store and commence trading;

• That any sale from the LPP to Harbro will be conditional upon the grant of planning permission for the proposed Country Store;

• That if Harbro do not obtain planning permission and the LPP cannot complete a project independently then the Clock Lodge and surrounding land will revert to the Council.

The details which accompany the current application advise that in the event that planning permission is granted to Harbro then the title for the property would be transferred upon completion of the wind and watertight works to the Clock Lodge; it is also confirmed that details of LPP’s reciprocal long lease would also be subject to Council approval.

The current proposal would result in significant investment in the repair of the fabric of the Clock Lodge building (potential estimated expenditure of £226,000) in addition to a the shared costs of providing a new access to the A83(T) (of which some £45,000 of the total cost should be attributed to the Clock Lodge) and infrastructure costs for provision of water, electricity, lighting and sewerage (estimated at £25,000). Over and above this, the development of the Country Store also includes for extensive works for the improvement and long term management of the woodland which provides the immediate setting to the Clock Lodge which have not been costed as yet. Harbro are therefore proposing an investment in advance of undertaking their new development which could exceed a combined total of £300,000 in the fabric of the Clock Lodge building, infrastructure necessary to realise its future re-use and the management of its woodland setting; for which no alternative and viable means of securing such investment has been identified to date. It is the consideration of Officers that, subject to the imposition of appropriate controls to ensure the phased delivery of intended investment in the Clock Lodge (and its infrastructure and its setting) that the current proposal for the erection of a new Country Store may reasonably be considered to be ‘enabling development’.

Having regard to the above, the current application is considered to be a ‘minor departure’ from the provisions of Mixed Use Allocation MU 12/1 as expressed in the adopted ‘Argyll and Bute Local Plan’ 2009 as this designation solely seeks to promote community facilities, tourism and recreation development and does not make any provision for inclusion of retail or other commercial types of development to facilitate this aspiration. In this particular instance however, the proposal is considered to be consistent with the amended provisions of PDA3013 in the proposed ‘Argyll and Bute Local Development Plan’ Feb 2013 which is supportive of ‘enabling development’ which would support the delivery of community facilities, tourism and recreation development. Whilst the current application would not result in the re-use of the Clock Lodge building, the sizeable investment proposed, and intended links with the Lochgilphead Phoenix Project would significantly improve the prospect and viability of the re-use of this dilapidated building for a community/recreational/tourism use in the short/medium term. The Council’s Development Policy Officers have confirmed that the provisions of the proposed Local Development Plan as they relate to PDA3013 have not been subject to representation in the Local Development Plan consultation process, and as such may be afforded significant material weighting at this time which would provide sufficient

justification to merit a minor departure to the provisions of the outgoing Argyll and Bute Local Plan as they relate to MU-AL 12/1.

B. Location, Nature and Design of Proposed Development

The proposal relates to a 1.3ha site which includes the category B listed Clock Lodge building and its immediate deciduous woodland setting which lie on the southern approach to Lochgilphead. The application site is bounded to the west by the A83 Trunk Road; to the south by the Lochgilphead Joint Campus; and to the north and east by an existing pedestrian footpath link to the Joint Campus with existing residential development at Ross Crescent located beyond this to the northeast.

Whilst the planning application specifies works to be undertaken to the Clock Lodge it is noted that these relate to repair works for returning the property to a wind and watertight state, and as such, do not require the benefit of express planning permission. These works are however the subject of a separate application for listed building consent (ref. 13/02856/LIB) and are also referred to in (D) below.

The proposed Harbro Country Store would be located some 50m to the south of the Clock Lodge and set back 11m from the A83 within a clearing to be created in the existing woodland. The proposal provides details of a development comprising of two main buildings, the larger with an external footprint of 300sqm (14m x 21m), a ridge height of 9m will be utilised for storage; this part of the development will be lit by a ridge mounted rooflight, other external openings are restricted to 3 canopied loading bays with doors finished to match the external wall cladding. The smaller building will have an external footprint of just less than 200sqm (11.5m x 17m), a ridge height of 7.2m and will be utilised to provide retail floor space; the smaller building will be lit by a ridge mounted roof light but will also incorporate a store front window and glazed canopy entrance on its north facing elevation and a 5.5m x 2m opening on the west (Loch) facing gable. These two principal elements will be set out with ridges running at 90 degrees from one another and connected by a link corridor which will be glazed on the north (car park facing) elevation and timber clad to the south. Externally, the buildings will be finished in a recessive translucent coloured stained, horizontally boarded timber; the standing seam roof covering shall be of pre-patinated zinc (grey).

Access to the development would be via a new junction with the A83(T) which is to be formed 10m or so from the southern gable of the Clock Lodge building; the access route would make an incursion into the woodland at 90 degrees from the A83(T) and then loop back on itself to access the customer car park and service yard for the proposed Harbro store – this arrangement has been designed to allow the access to also serve a future, and as yet undetermined, new use for the Clock Lodge, but also to allow the provision of a substantial landscape screen between the northern extent of the customer car park and the access route.

The application is accompanied by a Design and Access Statement which sets out that the Applicant has undertaken a logical approach to the development of the proposal, seeking in the first instance to identify and quantify the constraints and opportunities of the application site and developing the proposal with these specific requirements in mind. The location of the proposed new development within the site has been arrived at as a combination of a desire to protect the immediate setting of the Clock Lodge building, to minimise the potential effects upon the amenity of existing residential property, and to locate development within a portion of the woodland which is of particularly poor quality and to secure retention of mature woodland around the site perimeter. The new buildings will be of a high quality

design which is influenced by the proportions of the Clock Lodge without seeking to mimic its appearance; the new development has been broken up into smaller elements which have been positioned and finished with the intent of reducing the developments significant mass so as to appear subordinate to the Clock Lodge. The resultant development is in effect a small grouping of recessively finished buildings which do not appear overtly industrial in their nature and are capable of sitting comfortably within the historic/woodland setting.

Having regard to the above, the proposal is considered to be consistent with the relevant provisions of policy LP ENV 19 and the Council’s Sustainable Design Guidance.

C. Natural Environment / Impact Upon Woodland

The application is accompanied by an Ecological Constraints Survey, a Bat Survey and a Woodland Management Plan.

The Ecological Constraints Survey notes that there are no statutory nature conservation sites located within the application site boundary or its immediate vicinity. There are no significant records of protected species relating to the development site although Red Squirrel is known to be present within the surrounding woodlands. It is identified that the Clock Lodge and a number of trees within the development site have the potential to support roosting bats – a subsequent bat survey confirmed that there was no evidence of roosting bats; the report sets out proposed mitigation measures to protect bats, should any be present, during the proposed construction works.

The application site includes land which is listed on the Ancient Woodland Inventory (AWI). The Ecological Constraints Survey notes: that the ground surrounding the Clock Lodge supports damp, semi-natural woodland dominated by multi-stemmed alder and grey willow with elm, sycamore, osier, cherry, rowan and more mature, planted sycamore and beech around the boundary. The ground layer is dominated by raspberry with rhododendron, brambles, broad buckler fern, tufted hair grass and common buttercup. Although listed as long established plantation in the AWI, the woodland has naturalised significantly and can now be described as semi-natural woodland.

The Woodland Management Plan advises that: the age structure of the woodland is very limited in the middle and southern parts of the site with the majority of trees being early mature or mature. A lack of natural regeneration and structural diversity is likely to be due to the absence of a management regime and a dense cover layer which is restricting light and space on the woodland floor. Woodlands such as this which are composed predominantly of single stage mature trees with little natural regeneration are limited in terms of long term sustainability. Similarly the dominance of one particular species is likely to mean that the woodland is less resilient in terms of disease resistance than would be the case in woodland which contained a more diverse species mix. The age structure of the woodland is more diverse in the area north of the Clock Lodge. The absence of heavy raspberry cover has allowed regeneration of Alder and Grey Willow. The Woodland Management Plan also notes that the site suffers from poor drainage which is exacerbated by extended periods of heavy rain. The site has been colonised by Wine Raspberry and Japanese Knotweed, both of which are invasive species which require to be removed.

Upon initial inspection, even to the layman, it is abundantly clear that the woodland surrounding the Clock Lodge is in extremely poor health and has suffered from lack of management in recent times. Tree cover is sparse, much of the site is waterlogged and the areas of dry ground are infested with rhododendron and raspberry which restrict access to much of the site. The Woodland Management Plan indicates that a clearing of almost 0.5ha will be cleared to facilitate the new development with some 60 trees requiring to be removed. The felling proposals would however only seek to fell three mature trees from the site frontage with the A83(T), the removal of which is essential to provide adequate visibility splays for the new access arrangements. Similarly, it is intended to retain existing tree cover within the northern, southern and eastern portions of the site. The proposals include for the ongoing management of the woodland with the removal of invasive species, drainage works and new planting intended to improve the structure, diversity and sustainability of the woodland.

The Council’s Biodiversity Officer has not raised objection to the proposals subject to comments on the requirement for good practice in the removal of invasive species and the ongoing monitoring or bird and bat boxes which are intended to improve the biodiversity value of the woodland.

Scottish Natural Heritage (SNH) have not objected to the proposal but have advised that there would generally be a presumption against the loss of areas of Semi-Natural Ancient Woodland to development, but do acknowledge the generally poor condition of the woodland at this particular location. SNH advise that the development should seek to minimise the loss of mature trees and, that as a semi-natural woodland environment, a continuous management regime is not advised – instead it is recommended that a programme for removal of invasive species and allowing natural regeneration would be preferable.

Whilst it is always regrettable to lose woodland to development, it is a valid consideration in this instance given the poor condition of the existing woodland and that fact that it is not sustainable in the longer term without significant intervention and management. The current proposal sets out an initial proposal for such management of the woodland which would be delivered alongside the new development. It is the consideration of Officers that the loss of tree cover to facilitate the new development is capable of being adequately compensated for with the provision of appropriate new planting to provide an immediate landscape buffer/setting for the Clock Lodge, with longer-term regeneration of the wider woodland setting. In this respect the proposal is considered to be consistent with the provisions of LP ENV 7. However, in light of SNH’s advice which suggests that the proposals for the management of the woodland should be further refined to reflect best practice, it is the consideration of Officers that any grant of planning permission be subject to suspensive provisions which preclude tree felling commencing until such time as a revised Woodland Management Plan has been submitted and agreed in consultation with SNH.

On the basis of the information to hand, the proposal is not expected to have an adverse effect upon biodiversity or upon any protected species or habitat and as such is considered to be consistent with the provisions of policies LP ENV 2, and LP ENV 6.

D. Built Environment

The Clock Lodge is a category B listed building which sits on the east side of Loch Gilp within the remnants of the Kilmory Woodland policies. The property was

originally built as a gate lodge to the Kilmory Estate in the first half of the 19 th Century. The building is described as mid-19 th century, German style, 2 storeys and attic. Coursed rubble; high-pitched, piended slate roof. Small attic windows. Capped by a bell-house. Clock on N. side of roof. Narrow slit windows. Segmental arch; mock portcullis; niche above.

The Lodge is unusual in its architectural style and was built at the termination of a causeway which crossed the Loch and at one point sat within its own woodland setting in isolation from other built development associated with the settlement of Lochgilphead. The wider setting of the Clock Lodge has in more recent times been undermined by the development of the Lochgilphead Joint Campus to the south and the residential development of Ross Crescent to the north and east, both of which are readily apparent from the A83(T) on the approach/exit from Lochgilphead and also when viewed from across Loch Gilp.

The proposed repair works to the Clock Lodge do not require planning permission but are the subject of a separate application for listed building consent (ref. 13/02856/LIB) which, in light of the Council’s ownership interest in the building will require to be notified to Historic Scotland for formal determination. The details submitted for listed building consent include the substantial re-roofing of the building with damaged rafters to be removed and replaced, lead flashing to be removed and refitted across the entire roof, temporary roof coverings to be installed and finished in slate until missing cowls can be constructed, gutters to be cleaned out and repaired, chimneys to be reduced in height, and a variety of stonework repairs. The Council’s Conservation Officer has expressed general support for the proposed repair works. It is however noted that the submissions to date do not fully address the requirement for and potential effects of new site drainage upon the structure, that further detail is required in respect of the repair of dormer windows, the sourcing of replacement slate in the event of their being a shortfall for re-use, details for stonework repairs and replacement of doors within the first phase of work. It is also noted that the proposals do not include for the full restoration of the clocks and their oeil-de-boeuf housings, but it is accepted that this is due to the phased approach that is being taken through the partnership with the Lochgilphead Phoenix Project, Strathclyde Building Preservation Trust and Harbro, and the planned full reinstatement is part of a later phase of works. The Conservation Officer has advised that it is important to ensure that any shell repairs to ensure wind and water tightness do not result in any permanent loss to significant features of the building and to mitigate against the risk of this possibility it is recommended that, should permission be granted, conditions be attached requiring the full repair/reinstatement of the building within five years. Similar issues and conditional requirements for longer term completion are raised in respect of the dormer windows and restoration of honeycomb glazing, in addition to requirement for the submission and approval of further/amended details relating to rainwater goods, and stonework repairs.

The Conservation Officer further advises that the proposed new Country Store development has been designed and considered in a way so as to minimise any negative impact upon the Clock Lodge and its setting. Scale and massing has been developed through analysis of the Clock Lodge and the site as a whole. One of the key views of the site is from the other side of the loch, the positioning of the building, the scale, massing and most visible elevation have all been handled so as to minimise impact upon this key view. The existing woodland goes a long way to protecting the setting of the Lodge from the other key views and approaches and it is important that this is maintained and improved to ensure a successful integration of the new development into the historic setting. It is noted that whilst the applicant has

made every effort to buffer the new build through retention and management of some of the existing woodland, the floor plan of the build is perhaps larger than ideal. However, on balance, it is considered that alongside the delivery of positive improvements to the Clock Lodge, the benefits will outweigh the negatives; it is however advised that conditions requiring submission of further details of building finishes and any signage to be located at the site entrance with the A83(T) and on the new building for approval by the Council.

In terms of setting, the new vehicular access serving the site is not ideal as it sits relatively close to the Lodge to satisfy road safety requirements; however in practical terms the position of the access allows it to potential future community re-use of the Clock Lodge as a shared access arrangement; the position of the access route also allows for the provision of a substantial landscape buffer between the Lodge and the new build development. It is noted that in order to comply with technical specifications for visibility splay provision, that the existing stone built boundary wall will require to be adjusted. This element will also require listed building consent and is therefore capable of being resolved by a condition requiring submission of further details for approval of the Council as Planning Authority in consultation with Historic Scotland. It is important that this aspect is carefully considered as the wall is a historic structure that contributes to streetscape on the approach to/exit from Lochgilphead; equally it is a key feature of the immediate setting of the Lodge and the wider Kilmory Estate. The Conservation Officer suggests that any realignment of the wall should be limited to the school side of the Lodge if possible.

The Conservation Officer has acknowledged that the Clock Lodge and the surrounding woodland are currently degrading, and that this will become more rapid if it is left untouched. It is considered that the proposed work that Harbro, along with the Lochgilphead Phoenix Project, plan to carry out will revitalise the building and make the woodland more sustainable. The Options Appraisal, cost plan work and valuations that have been submitted to date indicate how complex finding a sustainable long-term solution for the Clock Lodge is in economic terms, the partnership approach proposed could therefore provide an achievable and long term solution.

On balance, the Conservation Officer has concluded that whilst the proposals will have some effect upon the Clock Lodge, these will be sufficiently mitigated for by the sympathetic design and layout of the new build, and in the longer term by the proposed landscape screening. On balance, the new development and its proposed rejuvenation of the woodland setting is considered likely to have a neutral impact upon the setting of the Clock Lodge. Furthermore, the proposal will encourage the re- use of a particularly important, historic building in a manner which could ensure its safety for future generations.

The proposal is considered to be consistent with the relevant provisions of STRAT DC 9 and LP ENV 13(a), LP ENV 18, LP ENV 19, the guidance contained within the Council’s Sustainable Design Guidance, including “Working with Argyll and Bute’s Built Heritage”, and the relevant provisions of the Scottish Historic Environment Policy.

E. Road Network, Parking and Associated Transport Matters.

Access would be via a new vehicular junction with the A83(T) located some 10m to the south of the Clock Lodge building. Transport Scotland have not raised objection to the proposal subject to the existing, sub-standard access serving the Clock Lodge

being closed – discontinuance of the existing access can reasonably be achieved by planning condition.

The development would be served by a new 16 space customer car park located to the north of the proposed new store; a service road would provide access to a gated service yard and turning area located on the opposite (south) side of the development for deliveries. Provision of footpath access to the site is achievable by means of connecting to the public footpath which runs from Ross Crescent to the Lochgilphead Joint Campus – such details would require to be resolved by means of planning condition.

The proposed access layout has been located and designed to a standard which is capable of serving the future re-use of the Clock Lodge.

The application is considered to be consistent with the relevant provisions of policies LP TRAN 2, LP TRAN 3, LP TRAN 4 and LP TRAN 6.

F. Infrastructure

Water supply will be by connection to the public water main which would be consistent with the provisions of LP SERV 4.

The submitted proposals specify that foul drainage will be to a new septic tank with an outfall to a watercourse. The provisions of policy LP SERV 1 sets out a requirement for new development to connect to public sewerage systems unless such a connection is either unfeasible or technical or economic reasons. Scottish Water have however advised that there may be capacity at the Kilmory Wastewater treatment works to serve the new demand and SEPA have advised that they would object to the installation of a private foul drainage system within a settlement the size of Lochgilphead unless specific circumstances could be demonstrated. The applicant has been made aware of the stipulated preference arising both from LP SERV 1 and SEPA for connection of the development to the public sewerage system and is currently in the process of seeking discussion with Scottish Water to establish whether this is a viable option. In order to satisfactorily address SEPA’s concerns and the provisions of LP SERV 1 it is proposed that a condition be imposed setting out a requirement for the development to be served by a public sewerage connection.

The proposal includes details which indicate an ability to intercept and implement and appropriate standard of treatment to surface water within the development site and discharge this to an existing minor water course located to the south of the proposed Country Store. The applicant has included pre-application correspondence with SEPA indicating an acceptance of these proposals as being SUDS compliant and as such it is expected that the proposal is capable of being consistent with the provisions of LP SERV 2 in this respect. In any event it would be considered good practice to ensure compliance with LP SERV 2 by imposing a planning condition stipulating the requirement for the development to be SUDS compliant.

SEPA have also advised that any grant of planning permission should be subject to conditional requirements requiring the submission of site specific construction method statement to ensure that any pollution arising from such activity does not have an adverse effect upon the water environment. Such an approach would be consistent with the provisions of LP ENV 12.

For the avoidance of doubt, it is noted that despite its coastal location the current application site is located outwith the 1:200 indicative coastal flood maps provided by SEPA. The proposal is accordingly considered to be consistent with the relevant provisions of the SPP, STRAT DC 10 and LP SERV 8 in this respect without requirement for submission of a detailed flood risk assessment.