Public Document Pack and Bute Council Comhairle Earra Ghaidheal agus Bhoid

Corporate Services Director: Nigel Stewart

22 Hill Street, , Argyll, PA23 7AP Tel: 01369 704374 Fax: 01369 705948

26 September 2006

NOTICE OF MEETING

A meeting of the BUTE AND AREA COMMITTEE will be held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY on TUESDAY, 3 OCTOBER 2006 at 10:30 AM, which you are requested to attend.

Nigel Stewart Director of Corporate Services

BUSINESS

1. APOLOGIES

2. DECLARATIONS OF INTEREST

3. MINUTES

(a) Minute of Area Committee of 5 September 2006 (Pages 1 - 10)

(b) Minute of Civic Government Hearings of 5 September 2006 (Pages 11 - 16)

4. DEVELOPMENT SERVICES

(a) Planning Application 06/01195/DET, Portavadie Estate, Portavadie Marina (Pages 17 - 32)

(b) Planning Application 06/0589/DET, Seavision, Marina, Sandbank (Pages 33 - 64)

(c) Planning Application, 06/01726/COU, Fyne Life Ltd, Upper Flat, Bedford House, Alexandra Parade, Dunoon (Pages 65 - 74)

(d) Report on Appeals (Pages 75 - 76)

(e) Delegated Decisions (Pages 77 - 86)

5. PUBLIC QUESTION TIME

6. OPERATIONAL SERVICES

(a) Presentation on Queen's Hall and Pavilion Facilities

(b) Repairs to Dunoon Pier (Pages 87 - 88)

(c) Regional Transport Partnerships - Project Development (Update) (Pages 89 - 96)

7. CORPORATE SERVICES

(a) Finalised Area Plan (Pages 97 - 122)

8. EXEMPT ITEMS

E1 (a) Review of Public Conveniences (Pages 123 - 126)

E2 (b) Proposed Assignation - Olympian Cafe, Queen's Hall, Dunoon (Pages 127 - 130)

E3 (c) Sale of 60b Edward Street, Dunoon (Pages 131 - 132)

E4 (d) Enforcement Reports (Pages 133 - 148)

9. CIVIC GOVERNMENT () ACT 1982 - HEARING - THE CIVIC GOVERNMENT HEARING WILL COMMENCE AT 2.00PM.

E5 (a) Application for a Window Cleaners Licence - Richard Fulton (Pages 149 - 166)

EXCLUSION OF THE PRESS AND PUBLIC The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.

The appropriate paragraph is:-

E1 – E3 - Paragraph 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

E4 – E5 - Paragraph 13 Information which, if disclosed to the public, would reveal that the authority proposes-

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment.

BUTE & COWAL AREA COMMITTEE

Councillor Brian Chennell (Chair) Councillor Douglas Currie Councillor Robert Macintyre Councillor Bruce Marshall (Vice-Chair) Councillor Gordon McKinven Councillor James McQueen Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh

Contact: Shirley MacLeod, Area Corporate Services Manager

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MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEEN'S HALL, DUNOON on TUESDAY, 5 SEPTEMBER 2006

Present: Councillor B Chennell (Chair)

Councillor D Currie Councillor G McKinven Councillor R Macintyre Councillor J McQueen Councillor B Marshall Councillor L Scoullar

Attending: Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services/Information Officer David Eaglesham, Area Team Leader, Development Control Brian Close, Planning Officer Allan Lothian, Area Roads & Amenity Services Manager Paul Convery, Planning/Development Officer Jim Suttie, Senior Community Education Officer Sarah Benfield, Marine Coastal Development Officer Caroline Sheen, Estates Surveyor

1. APOLOGIES

Apologies for absence were intimated by Councillors Strong and Walsh.

Members agreed to take an urgent item of business on the Winter Maintenance Policy Review 2006 at point 7b on the agenda, on the grounds that responses to the paper have to be submitted to the Director of Operational Services’ representative by Friday 8th September 2006.

2. DECLARATIONS OF INTEREST

Councillor Currie declared a non pecuniary interest in minute items 6 (b) by reason of previous involvement with one of the parties involved.

Councillor McQueen declared a non pecuniary interest in minute items 8 (a) by reason of previous involvement with the party involved.

Councillor Chennell declared a non pecuniary interest in minute items 9 (c) by reason of previous involvement with the applicant.

3. MINUTES

(a) MINUTES OF THE AREA COMMITTEE OF 1ST AUGUST 2006

The Minute of the Area Committee of 1st August 2006 was approved as a correct record.

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4. DEVELOPMENT SERVICES

(a) PLANNING APPLICATION 06/00516/DET, MR KIRWAN, 2 CROMWELL STREET, DUNOON

The Senior Planning Officer distributed a late letter from the applicant.

Decision

The application be refused as outlined in the report by the Head of Planning.

(Reference: Report by the Head of Planning Services dated 17th July 2006 – submitted)

(b) PLANNING APPLICATION 04/02439/DET, COWAL LEISURE, HUNTER'S QUAY HOLIDAY VILLAGE, DUNOON

There was extensive discussion on this item and on the terms of the Head of Planning’s report.

Motion

The Committee accept the report submitted by the Head of Planning and agree the recommendations of the Officer to refuse the application.

Proposed by Councillor Chennell Seconded by Councillor McQueen

Amendment

That the Planning Application be granted in that:-

The cumulative impact of the proposed villages will not have a serious adverse effect on the existing landform nor will the existing mature woodland on the eastern boundary be adversely affected and therefore the application is not contrary to the provisions of:

SPP1, SPP2, SPP15, NPPG14, NPPG18, STRAT S11, STRAT FW2, STRAT DC7, STRAT DC8, POL RUR1, POL RUR2, POL TOUR1, POL B8 of the Cowal Local Plan and POL ENV1, POL ENV6, POL ENV7, POL ENV8, POL ENV19, LP TOUR1 of the modified finalised draft local plan 2006.

The Pipistrelle Bat and the Red Squirrel are not endangered species in Argyll generally nor Cowal specifically and therefore the proposed application would not have a serious impact upon either species but would probably have a positive effect with regard to the Red Squirrel and therefore does not contravene the policies as laid out in the reasons for refusal.

That conditions are tied to any approval and to be discussed and agreed between the applicant and the planning department as follows.

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• Applicant and planning officers agree to find a suitable design and layout of villages L and M to more effectively screen the villages from vantage points on the side of the Holy Loch. • The last six caravans which are proposed at the southern end next to the Golf Club and Victoria Crescent in village K be refused permission. • Early steps to be taken to more effectively screen village Q and to reinstate the high ground at the front of the quarry. • The number of stances should be reduced to the satisfaction of planning officers in relation to village R particularly the placement of stances on higher ground on the northern side and those on the southern side next to the golf club. • Tree planting to create screening should take place before any new stances are created and that consideration be given to the planting of fast growing coniferous species of tree for more effective screening in winter. • Trees which have been planted previously to act as screening but which have since died must be replaced. • Cowal Leisure should continue with its own policy of placing only caravans of the same shade of green.

Proposed by Councillor Marshall Seconded by Councillor McKinven

Councillor Macintyre intimated to the meeting that this application was a very serious matter for the Cowal Community and that as an elected Member from Bute he did not feel that it would be appropriate for him to participate in the decision making process. Councillor Scoullar concurred with this opinion and intimated that he would also not participate in the decision making.

Councillor McQueen requested that a role call vote be taken in relation to this matter and this was seconded by Councillor Chennell.

Councillor Chennell Motion Councillor Currie No Vote Councillor Macintyre No Vote Councillor Marshall Amendment Councillor McKinven Amendment Councillor McQueen Motion Councillor Scoullar No Vote

There being equal votes for the Motion and the Amendment, in line with Standing Order 11.4 of the Councils Constitution, the Chairman used his casting vote in favour of the Motion.

Decision

The Committee accept the report submitted by the Head of Planning and agree the recommendations of the Officer to refuse the application.

(Reference: Report by the Head of Planning dated 21st August 2006 – submitted) Page 4

(c) PLANNING APPLICATION 06/01461/DET, MR P WILLIAMS, LAND NORTH EAST OF BUS STATION, HIGH ROAD, PORT BANNATYNE,

Decision

A discretionary Hearing to be held prior to the determination of this application.

(Reference: Report by the Head of Planning Services dated 22nd August 2006 – submitted)

(d) PLANNING APPLICATION 06/01535/COU, MRS MAUREEN YOUNG, 12 GALLOWGATE, ROTHESAY, ISLE OF BUTE

Decision

Approved subject to conditions contained in the report by the Head of Planning.

(Reference: Report by the Head of Planning Services dated 15th August 2006 – submitted)

(e) INTEGRATED COASTAL ZONE MANAGEMENT OF LOCH FYNE

The Committee heard from the Marine Coastal Development Officer on the current status of the Loch Fyne Integrated Coastal Zone Management (ICZM) Project.

Decision

The Committee noted the report and looked forward to a further report coming to committee upon the completion of the draft ICZM plan for Loch Fyne.

(Reference: Report by the Marine and Coastal Development Manager dated 7th August 2006 – submitted)

(f) PLANNING APPEAL

Decision

The Area Committee noted the report on Scottish Water’s Appeal at Land Opposite 31 and 32 Marine Place, Rothesay.

(Reference: Report by the Head of Planning Services dated 15th August 2006 – submitted)

(g) DELEGATED DECISIONS

The Committee noted Delegated Development Control and Building Control Decisions made since the last meeting.

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(h) LAND USE CONSULTANTS REPORT ON DUNOON AND THE NATIONAL PARK GATEWAY

The Committee heard from the Planning/Development Officer on the report by the Land Use Consultants.

Decision

The Committee:-

1. Endorsed the conclusions and recommendations in the Dunoon and the National Park Gateway Strategic Development Framework and Action Plan. 2. Agreed to refer the Action Plan to the Strategic Policy Committee for formal adoption by Council. 3. Agreed to request the Strategic Policy Committee to consider the resource implications of implementing the Action Plan and to include appropriate amounts in future budgets which will reflect the priorities identified in the Corporate Plan and related Area Strategy.

(Reference: Report by the Development Projects Manager – submitted)

5. PUBLIC QUESTION TIME

The Committee were asked a question from Mr Moonan in relation to Public Conveniences, and the Area Roads & Amenity Services Manager gave general advice.

In relation to Mr Moonan’s question about recreational waters potentially being changed to bathing waters, the Coastal Development Officer gave advice.

6. COMMUNITY SERVICES

(a) MUSIC DEVELOPMENT PROJECT - PRESENTATION AND PAPER

The Area Committee heard a detailed and informative presentation from Andy Ferguson and Aaron Cyr on the development of a community based Music Project.

Decision

The Committee:-

1. Noted the suggested action and support available from Community Learning and Development. 2. Agreed in principal to the establishment of a community based music project in Dunoon.

(Reference: Report by Director of Community Services dated September 2006 – submitted)

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(b) EDUCATION AND LEISURE DEVELOPMENT GRANTS

Councillor Currie left the meeting while this item was being discussed.

The Committee considered and determined Education and Leisure Development Grant as follows:-

Education Development Grants Project Costs Grant Awarded The Three Dolphin’s Trust £1,700 £483

The Committee also agreed to the transfer of musical equipment purchased by Leisure Development Grant Funding from the Kyle’s Music Society to the Strachur Memorial Hall.

(Reference: Report by the Director of Community Services dated September 2006 – submitted)

7. CORPORATE SERVICES

(a) BUTE & COWAL COMMUNITY PLANNING PILOT

The Area Committee heard an update from the Area Corporate Services Manager on the progression of the Bute and Cowal Community Planning Pilot.

Decision

The Committee noted the contents of the report.

(Reference: Report by the Co-ordinator, Bute & Cowal Community Planning Pilot – submitted)

8. OPERATIONAL SERVICES

(a) WINTER MAINTENANCE POLICY REVIEW 2006

The Committee heard from the Area Roads & Amenity Services Manager on the Winter Maintenance Policy Review 2006.

Decision

The Committee agreed to write to the director of Operational Services representative in the following terms:-

1. The committee do not agree with the recommendations made to the Strategic Policy Committee on 24th August 2006 2. The Committee do not agree with the prioritisation of roads as contained in the paper submitted to the Strategic Policy Committee, specifically the A886 Strachur to Colintraive Road being priority two. 3. Ask that the Director of Operational Services investigate all possible sources of funding with a view to continuing the winter maintenance service which the Council have given in past years. Page 7

(Reference: Report by the Director of Operational Services dated 16th August 2006 – submitted)

9. EXEMPT ITEMS

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 8, 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

(a) FORMER BOY'S BRIGADE HALL - PROPOSED LEASE

Councillor McQueen left the meeting while this items was being discussed.

The Area Committee heard from the Estates Surveyor on the proposed lease of the Former Boy’s Brigade Hall, Victoria Road, Dunoon

Decision

The Committee agreed to authorise the Director of Corporate Services to conclude a lease of the former Boy’s Brigade Hall subject to the conditions contained in the report.

(Reference: Report by the Director of Corporate Services dated 23rd August 2006 – submitted)

(b) LAND, WESTLANDS ROAD, ROTHESAY

The Area Committee heard from the Estates Surveyor on Land at Westlands Road, Rothesay.

Decision

The Committee agreed to instruct the Head of Legal & Protective Services to proceed to sell the whole of the land on the open market.

(Report by Director of Corporate Services date 18th August 2006 – submitted)

(c) NPDO BUILDING AT DUNOON PIER

The Area Committee heard from the Estates Surveyor on the proposed short term lease of the Office Premises at Argyll Street, Dunoon to the National MOD.

Decision

The Committee agreed to authorise the Director of Corporate Services to conclude a short term lease from 6th September 2006 to 31st October 2006 as outlined in the report. Page 8

(Reference: Report by the Director of Corporate Services dated 28rd August 2006 – submitted)

(d) PROPOSED SHORT TERM LEASE OF DUNOON PIER BUILDINGS

The Area Committee heard from the Estates Surveyor on the proposed short term lease of the Pier Building at Dunoon to the BBC for a period of one week during the National MOD festival.

Decision

The Committee agreed to authorise the Director of Corporate Services to conclude a short term lease with the BBC as outlined in the report.

(Reference: Report by the Director of Corporate Services dated 28rd August 2006 – submitted)

(e) CHRISTMAS LIGHTING TENDERS

The Committee heard from the Area Roads & Amenity Services Manager on the Christmas Lighting in Dunoon.

Decision

The Committee:

1. Noted the results of the tender 2. Agreed to the 75/25 split of available funding between Bute and Cowal. 3. Agreed to the shortfall of funding being taken from the Revenue from the market and fairground held in the Dunoon Pier Car Park.

(Reference: Report by the Head of Roads and Amenity Services dated 28th August 2006 – submitted)

(f) REVIEW OF PUBLIC CONVENIENCES

The Committee heard from the Area Roads & Amenity Services Manager on the review of public conveniences.

Decision

The Committee agreed to continue this matter until the October Area Committee.

(Reference: Report by Project Manager, Roads & Amenity Services dated 16th August 2006 – submitted)

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(g) ENFORCEMENT REPORTS

The Committee agreed the Enforcement Reports as follows:-

06/00157/ENFOTH – noted 05/00059/ENFOCC – noted 06/00122/ENFOTH – noted 03/00191/ENFOTH – noted

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Minute of Civic Government Hearing held in Dunoon on 5th September 2006.

Present Councillor B. Chennell in the chair

Councillor Marshall Councillor Macintyre Councillor McKinven Councillor McQueen

Attending Allan Goodall, Senior Solicitor Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services Officer

Application for grant of a Taxi Driver’s Licence – Shirley Wright, 5 Allan Terrace, Dunoon

The Chairman welcomed everyone to the Hearing, introduced those present and outlined the procedure.

Mrs Wright then spoke to her application explaining why she had omitted to disclose her previous offences on her application form. She explained the circumstances behind incidents relating to these offences.

Inspector Kerr then advised the Committee that Strathclyde Police had a duty to bring such matters to the attention of the Committee in relation to this Hearing.

The Committee then asked question of the applicant and objector on the aspects of these convictions. Both parties then summed up and acknowledged they had had a fair hearing.

The Committee debated the matter based on all of the information provided.

Decision

The application be granted.

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Minute of Civic Government Hearing held in Dunoon on 5th September 2006.

Present Councillor B. Chennell in the chair

Councillor Marshall Councillor Macintyre Councillor McKinven Councillor McQueen

Attending Allan Goodall, Senior Solicitor Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services Officer

Application for grant of a Taxi Driver’s Licence – Mr Kenneth Galbraith, 118 George Street, Dunoon

The Chairman welcomed everyone to the Hearing, introduced those present and outlined the procedure.

Mr Galbraith spoke to his application explaining the circumstances behind his previous offence, adding that he had since been employed in a number of jobs where he had to deal with large amounts on other people’s money and his integrity has never been questioned. He said he had accepted his previous error and regretted it.

Inspector Kerr then advised the Committee that Strathclyde Police had a duty to bring such matters to the attention of the Committee in relation to this Hearing.

The Committee then asked question of the applicant and objector on the aspects of the conviction. Both parties then summed up and acknowledged they had had a fair hearing.

The Committee debated the matter based on all of the information provided.

Decision

The application be granted.

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Minute of Civic Government Hearing held in Dunoon on 5th September 2006.

Present Councillor B Marshall in the chair

Councillor Macintyre Councillor McQueen Councillor McKinven

Attending Allan Goodall, Senior Solicitor Shirley MacLeod, Area Corporate Services Manager Eilidh Headrick, Area Committee Services Officer

Application for grant of a Window Cleaners Licence – Richard Fulton, 67 Marine Parade, Kirn, Dunoon

Allan Goodall advised the Committee that Richard Fulton was having difficulty contacting his Solicitor and would not be able to attend the Hearing, he asked that it be postponed.

The Committee agreed that the Hearing would recommence on Tuesday 3rd October 2006 in Eaglesham House, Rothesay and that if the applicant failed to appear on this date the Committee would proceed with the Hearing in his absence.

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DEVELOPMENT SERVICES Local Member Councillor D C Currie PLANNING APPLICATION REPORT Date of Validity - 2nd June 2006 Bute and Cowal Area Committee Committee Date - 3rd October 2006 15th September 2006 Reference Number: 06/01195/DET Applicants Name: Portavadie Estates Ltd Application Type: Detailed Application Description: Expansion of marina (maximum 250 berths); provision of associated shoreside facilities (including offices, changing rooms, restaurant and bar/café), 19 letting units, boatyard hardstanding and workshop; and installation of private sewerage system Location: Portavadie Marina and Boatyard

(A ) THE APPLICATION Development Requiring Express Planning Permission.

• Expansion of existing marina to provide a maximum of 250 berths; • Erection of associated shoreside buildings to accommodate 19 letting units, offices, changing rooms, restaurant and bar/café • Erection of workshop and hardstanding at boatyard • Formation of new slipway • Installation of private sewerage system • Formation of 255 parking spaces

Other Specified Operations • Connection to public water supply • Provision of landscaped areas

(B ) RECOMMENDATION It is recommended that planning permission be Granted subject to the standard condition and reason and the following conditions and reasons together with a ‘note to the applicant’ set out overleaf.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The proposed development represents the first phase of a mixed housing/tourism/leisure/business development at the site of the former oil rig construction yard at Portavadie marina on the eastern shores of Loch Fyne.

The initial phase focuses on the marine/leisure potential of the lagoon area and incorporates up to 250 pontoons; 19 letting units; and associated shoreside facilities. The scheme has been imaginatively designed and benefits from its location within a relatively sheltered and self-contained environment.

A boatyard area with a hardstanding and workshop is also proposed at the north west part of the site, adjacent to the existing industrial area that accommodates a fish farm base.

The development of the site for these uses is supported by the designation of the land as a Potential Development Area within emerging Development Plan policy and the proposal has been rigorously assessed against Central Government guidance and existing Development Plan policies. Subject to suitably-worded safeguarding conditions, in accordance with the recommendations of the principal consultation bodies, the proposal is considered to be acceptable.

Angus J Gilmour Head of Planning and Building Standards

Case Officer: S. Gove 01369-70-8603 Area Team Leader: D. Eaglesham 01369-70-8608

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 06/01195/DET

2. Unless the prior written consent of the Planning Authority is obtained for variation, the development hereby permitted shall be constructed in accordance with the following approved plans: Drawing Number 0543/P3 ‘ Portavadie Phase 1’; Drawing Number 0543/P4 ‘Facilities Building: Plans’; Drawing Number 0543/P5 ‘Facilities Building: Elevations’; Drawing Number 0543/P6 ‘Type 1A Apartments’; Drawing Number 0543/P7 ‘Type 2 Apartments’; Drawing Number 0543/P8 ‘Type 3 Apartments’; Drawing Number 0543/P9 ‘Landscape Plan’; Drawing Number 0543/P11 ‘Boatyard Covered Storage Building’ and Drawing Number J046/C/04 ‘Proposed Drainage Layout and Details’.

Reason: For the avoidance of doubt and to ensure that the development is undertaken in accordance with the approved plans.

3. Prior to the commencement of work on each building, details (including samples) of the type and colours of materials to be used in the external walls and roof shall be submitted to and approved in writing by the Planning Authority. Such materials as are approved shall be used in the construction of each building unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of visual amenity in order to successfully integrate the proposal into its surroundings. 4. Prior to the commencement of the development, a landscaping scheme shall be submitted to and approved in writing by the Planning Authority identifying the location, species and size of each individual tree and/or shrub to be planted.

All the landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding season following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

Any trees or shrubs which, within a period of ten years from the completion of the development die (for whatever reason), are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity in order to successfully integrate the proposal into the surrounding landscape setting and no such details having been submitted.

5. Prior to the commencement of the development, a phasing plan shall be submitted to and approved in writing by the Planning Authority identifying the different phases of building together with the timing for the provision of associated development such as parking and foul drainage arrangements. Unless the prior written consent of the Planning Authority is obtained for variation, the development shall be implemented in accordance with the approved phasing scheme, with each previous phase being completed to the satisfaction of the Planning Authority prior to the subsequent phase or stage being commenced.

Reason: In the interests of providing a development that is adequately served by ancillary development that is commensurate with the scale of each phase of the works.

6. Unless the prior written consent of the Planning Authority is obtained for variation, the foul drainage arrangements shall be constructed in accordance with the details identified in Drawing Number J046/C/04 ‘Proposed Drainage Layout and Details’ that shall provide for a sewage treatment system that is built to a standard capable of adoption by Scottish Water or other competent authority. Prior to the construction of the foul drainage system, details of the maintenance regime for the system shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of public health and amenity. 7. Prior to the commencement of the development, details of all fencing to be erected within the application site (whether temporary or permanent) shall be submitted to and approved in writing by the Planning Authority. The fencing shall be erected in accordance with the approved details unless the prior written consent of the Planning Authority is obtained for variation.

Reason: in the interests of visual amenity and no such details having been submitted.

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8. Not less than three months prior to the commencement of the development, a repeat otter survey shall be undertaken and the results submitted to the Planning Authority and Scottish Natural Heritage. If evidence of otters is discovered, the Planning Authority and Scottish Natural Heritage must be notified immediately and any mitigation measures deemed necessary shall thereafter be carried out in accordance with a scheme to be approved in writing with the Planning Authority and Scottish Natural Heritage.

Reason: In the interests of nature conservation.

9. Prior to the commencement of the development, details of a management regime to be carried out during construction period shall be submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage. This management regime shall incorporate the following details;

a) The location of the construction compound;

b) The creation of a buffer zone between the application site and the areas of coastline/riparian habitat not scheduled for construction. Such details shall incorporate the erection of fencing around the perimeter of the construction site, which should remain in place for the duration of the construction works;

c) The timing of construction works in the significant breeding habitats within the site to avoid the breeding bird season (from March to August);

d) The restriction of workforce access to sensitive areas;

e) Whenever practicable, machinery being operated only during daylight and the installation of lighting associated with construction that is directed away from the coastline and riparian habitats.

Construction work shall be undertaken in accordance with the approved management regime unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of nature conservation.

10. Prior to the commencement of any works, a contaminated land assessment, carried out by a competent person, shall be undertaken and reported to the satisfaction of the Planning Authority in consultation with the Public Protection Service. The assessment should be sufficient, given the past use(s) of the site, to demonstrate the likely presence or absence of contaminants and their nature and make recommendations for further investigation if needed to quantify any hazards posed, unless consent or variation is obtained in writing from the Planning Authority.

Reason: In the interests of public health and amenity as previous site uses may have resulted in contamination.

11. Where the preliminary investigation has concluded that contamination is present and may pose a hazard to the development, a secondary assessment, carried out by a competent person, shall be undertaken and reported to the satisfaction of the Planning Authority prior to the commencement of any site works. The assessment should seek to define any risks to the development posed by contamination, and make recommendations as to the requirement for any actions necessary to render the site suitable for the proposed use. The recommendations shall be agreed in writing, to the satisfaction of the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of any site works.

Reason: In the interests of public health and amenity as previous site uses may have resulted in contamination.

12. Where the secondary investigation has indicated that action is necessary to render the site suitable for the proposed development, a remediation plan shall be devised by a competent person and reported, to the satisfaction of the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of any site works. The plan should include details of the methodology that will be employed to demonstrate that the site will be rendered suitable for the proposed use.

Reason: In the interests of public health and amenity.

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(Continued Overleaf)

13. The remediation works shall be carried out as detailed within the Site Remediation Plan, unless otherwise agreed, in writing, with the Planning Authority, in consultation with the Public Protection Service. Upon completion of remediation works, a completion certificate shall be issued, by a competent person, certifying that the works identified within the remediation plan have been carried out in accordance with the plan.

Reason: In the interests of public health and amenity.

14. Prior to the commencement of the development, details of the finished floor levels of the buildings hereby permitted shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads and Amenity Services Manager and the Council’s Principal Engineer. In order to minimise the flood risk at the development, such details shall show buildings with a finished floor level of no less than 5.5 metres above ordnance datum (AOD) unless otherwise agreed in writing with the Planning Authority.

Reason: Having regard to the potential for tidal and fluvial flood risk in the vicinity of the development.

15. Prior to the commencement of the development, a site-specific construction method statement (or statements) that systematically identifies pollution risks in relation to dredging operations and how they are to be avoided or minimised, along with contingency measures, shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Environment Protection Agency. The operations shall be undertaken in accordance with the approved details unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of nature conservation and having regard to the presence of Shellfish Growing Waters in the vicinity of the application site.

16. Prior to the commencement of the development, details of the commercial waste arrangements for the operation of the marina shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Environment Protection Agency. Such details shall generally follow the information provided by Stewart Associates in Paragraph 10.0 of their letter dated 23rd August 2006 to SEPA. The approved regime shall be carried out in accordance with the approved details unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of compliance with the Area Waste Plan.

17. The accommodation units hereby approved shall be used for holiday letting purposes only and not as a main residence. No family, group or individual shall occupy them for more than three months cumulatively in any calendar year, unless the prior written consent of the Planning Authority is obtained for variation. Reason: To ensure that the site does not become in permanent residential use in the interest of the amenities of the area, due to a lack of curtilage associated with each of the units and in accordance with the use applied for. 18.Prior to the development commencing, confirmation shall be submitted to the Planning Authority that an adequate public water supply to serve the development can be provided by Scottish Water. Furthermore the development shall not be occupied until the required works have been provided to the satisfaction of the Planning Authority.

Reason: In the interests of public health and in order to ensure that an adequate water supply in terms of both quality and quantity can be provided to meet the requirements of the proposed development.

19. Prior to the installation of any external lighting on any part of the site (including construction lighting), full details of a scheme of external lighting (that demonstrates low-intensity lighting wherever possible) to be used within the site, including mast lighting, pier lighting, all buildings and construction lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, period of operation, angle of direction and wattage of each light, which shall be so positioned to prevent any glare or light spillage especially outwith the site boundary. All lighting units shall be operated,

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positioned and angled to prevent any glare or light spillage out with the boundary of the site, having regard to the Institute of Lighting Engineers Guidance in consultation with Public Protection.

Reason: In order to minimise the effect of light pollution and in the interests of surrounding amenity

(Continued Overleaf)

20. Prior to the commencement of the development, a scheme for the provision of a play area as detailed on drawing number 0543/P9 shall be submitted to and approved in writing by the Planning Authority. The details shall include a play area designed in accordance with the provisions of BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), together with:

i) full details and location of the proposed play equipment;

ii) details of the sub-base and surface treatment of the play area, in addition to any fences, walls or other boundary treatment;

iii) proposals for the implementation/phasing of the play areas(s) in relation to the construction of other development on the site.

All works required for the provision of the play area(s) shall be completed in accordance with the scheme approved in writing by the Planning Authority.

Reason: In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors).

21. Prior to the commencement of the development, a scheme for the maintenance of the play area within the development shall be submitted to and approved in writing by the Planning Authority. Such details shall include a maintenance schedule in accordance with the provisions of BS 5696 and include full details relative to the equipment’s ongoing inspection, recorded and certified inspections and the procedures for dealing with defects to the equipment, surfacing and boundary treatment.

Reason: In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors).

22. Unless otherwise agreed in writing with the Planning Authority, prior to the commencement of the development, visibility splays of 120 metres x 2.5 metres at the junction of the internal access road with the private ‘concrete road’ shall be formed and, thereafter, maintained in perpetuity with no obstructions to visibility within the splays being permitted above 1.0 metres from the level of the carriageway.

Reason: In the interests of road safety.

NOTES TO APPLICANT

1) The Area Roads Manager has advised that Construction Consent (S21) will be required for any new roads.

2) The applicant/developer is strongly advised by SEPA that no foul effluent shall be discharged from boats using the pontoons. The use of signage and other operational management methods (many of which are proposed in the letters from Stewart Associates to SEPA dated 23rd August and 14th September 2006) are strongly recommended.

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APPENDIX RELATIVE TO 06/01195/DET

A. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed Planning Permission (ref: 98/01739/DET) granted in May 1999 for the erection of a storage shed on land to the north west of the site for the proposed boatyard workshop. This permission has been implemented.

Application for Detailed Planning Permission (ref: 01/00185/DET) was withdrawn in December 2005 for the erection of eight dwellings on land to the north east of the application site.

Detailed Planning Permission (ref: 02/00461/DET) granted in August 2002 for the erection of five dwellings on land to the north east of the application site. This permission has been implemented.

Detailed Planning Permission (ref: 04/00003/DET) granted in February 2005 for the erection of a building incorporating office, toilets and showers and the formation of a boat storage area and car park within the application site. This permission has not yet been implemented.

Detailed Planning Permission (ref: 04/00118/DET) granted in March 2006 for the erection of three holiday homes on land to the north east of the application site. This permission has not yet been implemented.

(ii) Consultations

Development Policy (Letter dated 29th June 2006)

Proposals are consistent with the mini-brief for Potential Development Areas 2/37 and 2/38 of the Modified Finalised Draft Local Plan, which indicate a mixture of tourism/housing and business.

Scottish Natural Heritage (letter dated 6th July 2006)

No objections subject to conditions regarding otter survey; buffer zone between application site and areas of coastline not scheduled for construction; workforce access to sensitive areas to be restricted during construction period; machinery not to be operated during hours of darkness (whenever practicable); all associated lighting to be directed away from coastline and riparian habitats; and all construction works within habitats significant for breeding birds to be timed to avoid the breeding season.

Recommendation that further information is submitted prior to a decision being made in respect of day/night visualisations from adjacent housing and from strategic viewpoints along the A83 road between Tarbert and Skipness; design and alignment of security fencing; and design of boatyard and hardstanding area, including appropriate screening methods.

SEPA (Letters dated 27th July and 12th September 2006)

No objection to land-based element of the proposal providing that a condition is applied that requires the foul drainage arrangements to be built to a standard that can be adopted by Scottish Water.

Objection due to the combination of the number of berths; the absence of an enforceable regime to prevent direct discharges of untreated sewage from vessels; and the risk of failing to meet the water quality standards within designated shellfish growing waters.

Objection to flood risk until either a Flood Risk Assessment has been undertaken or sufficient information has been provided to clearly demonstrate that the site is sufficiently above the normal water level of any watercourses not to be at significant risk of flooding.

Scottish Water (Letter dated 4th August 2006)

Scottish Water will not object to this application; however, please note that any planning approval does not guarantee a connection to its infrastructure until a satisfactory solution is obtained.

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Due to the size of the proposed development, it is necessary for Scottish Water to asses the impact of the proposal on its existing infrastructure. It is unlikely that this existing infrastructure can support the development; however, Scottish Water is currently in discussion with the developer regarding this initial phase.

West of Scotland Archaeology Service (Letter dated 4th August 2006)

No known archaeological issue raised by this proposal.

Area Roads Manager (report dated 18th September 2006)

No objections subject to conditions covering Flood Risk Assessment; visibility splays at junction with ‘concrete road’, and parking space requirements.

Public Protection

No response at the time of writing.

(iii) Publicity and Representations

The application has been advertised under Section 34 and as a Potential Departure to the Development Plan (closing date 14th July 2006). One letter of representation has been received from Mrs S Hamilton, Limekilns, Fife (letter dated 26th July 2006).

No objections have been submitted in respect of the design of the proposal and there is support for the development in principle. Serious concern has been expressed, however, in respect of the economic viability of the proposal with the worst outcome being that a first phase is constructed and fails to attract sufficient interest for the development to become self-sustaining.

Comment: A condition is to be attached that requires the submission of a phasing scheme prior to the commencement of the development and which ensures that the development to be undertaken in accordance with the approved scheme.

(iv) Applicants supporting Information

The agents for the application, Stewart Associates, have submitted a detailed ‘Design Statement’ (dated May 2006) together with other letters (dated 27th July and 23rd August 2006) in support of the proposal. The following is a brief summary of these submissions:

The site was developed as an oil rig construction yard in the mid 1970s by widening and bottoming an existing sea inlet and creating a dry dock, substantial on-shore hardstanding, storage buildings and a network of concrete roads.

The intention for this proposal is to create an exciting and vibrant marina development that will act as a catalyst to stimulate growth in the surrounding area in a carefully controlled manner. The lagoon is relatively sheltered and obscured from vehicular and seaward approaches and the proposal would have minimal impact on the principal vistas from Loch Fyne.

A style of development is proposed that provides pedestrian courtyards to the water’s edge with vehicular and servicing courtyards behind. The facilities building, which will incorporate a tower structure acting as a visual focus, will include offices, changing facilities and a restaurant/bar. The letting units will be provided in a series of courtyards and will be one-and-a-half and two- and-a-half storey structures each with private balcony decks. These letting units are considered to be complimentary to the marina development and to provide a much-needed tourism resource.

The orientation of each building type has been considered in an attempt to provide the best compromise between the following factors: views in and out of the site; use of passive solar gains (for hot water); and privacy and maintenance of amenity space.

The principles of sustainable development have been adopted from the inception of the design. There will be minimal alterations to existing strata levels; material selection takes cognisance of availability from local suppliers and promotes as much use of recyclable and organic-based F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\8\4\AI00031484\01195WRPORTAVADIEMARINA0.DOC 7

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coatings as is reasonably practicable in such an exposed site. In particular, timber cladding and decking materials will be sourced from recognised managed timber suppliers with relevant accreditation.

The mains water supply available on-site is served by a 75 mm diameter supply pipe by Scottish Water. It is intended that the Phase One development be served by the available infrastructure but it is recognised that a Water Impact Study will be required to develop the later stages.

Foul drainage will be connected to a packaged sewage treatment plant that will be constructed to an adoptable standard.

B. POLICY OVERVIEW

(i) SCOTTISH PLANNING POLICY

The following Scottish Planning Policy documents are applicable:

SPP2: Economic Development

SPP7: Planning and Flooding

NPPG 13: Coastal Planning

NPPG 14: Natural Heritage

SPP 15: Planning for Rural Development

However, this advice is substantially incorporated in the Council’s adopted and emerging Development Plan policies.

(ii) ARGYLL AND BUTE STRUCTURE PLAN 2002

The following policies are applicable:

STRAT SI 1 – Sustainable Development

STRAT DC 7 – Nature Conservation and Development Control

STRAT DC 8 – Landscape and Development Control

STRAT DC10 – Flooding and Land Erosion

Objective TOUR 1 – Tourism

The above policies are developed further in the Argyll and Bute Local Plan (Modified Finalised Draft) 2006.

(iii) COWAL LOCAL PLAN 1993

POL RUR 1 – Development in Scenic Areas

The site is within the South Cowal Regional Scenic Area and as such Policy POL RUR 1 ‘Landscape Quality’ of the Local Plan applies. This states that there is a presumption against development which would have an adverse landscape impact except where it is demonstrated that there is justification for the development in terms of its environmental impact; locational/operational need; economic benefit and infrastructure and servicing implications.

POL TOUR 4 – Self Catering Accommodation

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This policy seeks to support the development of self catering accommodation in Cowal providing they do not conflict with other policies set out in the Local Plan. One of the preferred locations is Kilfinan/Portavadie. (iv) ARGYLL AND BUTE LOCAL PLAN (MODIFIED FINALISED DRAFT) 2006

Policy LP ENV 1

When considering development proposals regard should be given to a number of criteria including impacts upon amenity and the environment; the location and nature of the proposed development; relationship to the road and public transport network; the availability of infrastructure; etc. Proposals that would have an adverse impact should be resisted.

Policy LP ENV2

When considering development proposals, the Council will seek to contribute to the delivery of the objectives and targets set by the Local Biodiversity Action Plan (LBAP). Proposals that incorporate existing site interests within the design wherever possible will be encouraged and satisfactory steps should be taken to avoid, mitigate or compensate for possible damage.

Policy LP ENV 6

In considering development proposals, the Council will give full consideration to the legislation, policies and conservation objectives that apply to a variety of habitats & species.

Policy LP ENV 8

Development should not have a significant adverse effect on Local Nature Conservation Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan.

Policy LP ENV 10

The site is within an Area of Panoramic Quality where developments that would have a significant adverse impact upon the character of the landscape should be resisted unless it can be demonstrated that any significant adverse effects would be clearly outweighed by social and economic benefits of national or regional importance.

Policy LP ENV 12

Proposals for development that could affect the water environment will be assessed with regard to their potential impact on: water quality and quantity; riparian habitats and wildlife; leisure and recreational facilities; economic activity; and the resources protected by Policy ENV 1 and other relevant Structure and Local Plan policies.

Policy LP ENV 19

This policy seeks to ensure that new developments harmonise with their surroundings in terms of their setting, layout and density.

Policy LP TOUR 1

There is a presumption in favour of new or improved tourist facilities and accommodation provided they are of a form, location and scale consistent with policies STRAT DC 2-6 and, inter alia, they respect the landscape/townscape character and amenity of the surrounding area.

Policy LP SERV 1

Connection to the public sewer as defined in the Sewerage (Scotland) Act 1968 will be a prerequisite of planning consent wherever significant development (large scale) is proposed. Elsewhere, connection to the public sewer will be required unless the applicant can demonstrate, inter alia, that connection is not feasible, for technical or economic reasons; or the receiving waste water treatment

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plant is at capacity and Scottish Water has no programmed investment to increase that capacity; and the proposal is not likely to result in or add to existing environmental, amenity or health problems.

Policy LP SERV 8

In all cases where the potential for flooding is highlighted, the Planning Authority will exercise the ‘precautionary principle’ and refuse development proposals where such proposals do not comply with specific criteria. Flood Risk Assessments shall accompany development applications when required by the Planning Authority, in consultation with SEPA.

Policy LP TRAN 8

Development within harbour areas is to be encouraged provided that such development promotes the retention of the harbour for commercial marine related uses. The further development of existing piers, harbours and marinas for marine leisure and recreational purposes will be supported.

Policy LP REC 1

There is a presumption in favour of new or improved sport and recreation facilities provided they are of a form, location and scale consistent with policies STRAT DC 2-6 and, inter alia, they respect the landscape/townscape character and amenity of the surrounding area.

C. ASSESSMENT

The Proposal

Portavadie is located on the eastern shores of Loch Fyne, approximately 4.6 km to the west of Kames. The application site covers an area of 1.4 hectares and is principally centred on the lagoon area that was initially formed in the 1970s to facilitate the construction of oil rigs. Over the last two decades, parts of the site have been used for industrial purposes, including fish farming. In the last two years, small scale housing has been introduced to the north of the lagoon area.

The current application is Phase One of a larger development that will bring a mixture of uses to this part of Portavadie – industrial, recreational, tourism and residential. This initial phase has two components:

• development that focuses on the lagoon area with an expansion of the existing pontoon arrangements (250 berths maximum); the provision of 19 letting units; the erection of offices, changing rooms, restaurant and bar/café;

• the formation of a boatyard at the north western part of the site adjacent to the existing industrial area, which will incorporate a covered storage shed, a new hardstanding and a new slipway.

It is proposed to connect into the existing public water supply whilst a packaged sewage treatment plant is to be installed that will be constructed to an adoptable standard.

Principle of Development

The Central Government guidance and existing Development Plan policies contained within the Argyll and Bute Structure Plan 2002 and Cowal Local Plan 1993 give general support to an expansion of the facilities at Portavadie marina subject to certain caveats.

On a further positive note, the site is identified as a Potential Development Area (ref: 2/38) which identifies the land as being suitable for a mixed use development of tourism, housing and business. No objections have been received to this PDA designation during the Local Plan process.

In the ‘mini brief’ for this site as contained within the Modified Finalised Draft Local Plan, the main constraint is identified as being the need for a “masterplan/comprehensive approach”. In this regard, the agent has indicatively shown how further phases of development (including housing) may be progressed and has intimated in his ‘Design Statement’ that further applications are anticipated for 2007 with the entire development being scheduled for completion in 2012.

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With the further phases contained within the masterplan, servicing and infrastructure will need to be examined particularly in relation to impact upon the surrounding road network and water supply.

Environmental Impact and Scale, Design and Layout

As is evidenced by the identification of a number of Potential Development Areas, Portavadie is viewed by the Council as an area where there is potential for significant development without detriment to the landscape quality of the area. This is due to the partly industrial nature of the land associated with the former oil construction yard (the application site) and associated accommodation at Polphail (the subject of a separate application for Outline Planning Permission ref: 06/00717/OUT).

It is also due to the topography of the land which, particularly in the context of the application site, has created a lagoon area (where the majority of development in this initial phase is to take place) that is relatively self-contained and sheltered. It will not be readily visible from long-distance views across Loch Fyne or from long to medium distance views from the north, east and south. It can be seen, however, from the ‘concrete road’ that leads to the Caledonian MacBrayne ferry terminal.

A contemporary approach is proposed in terms of design – a series of courtyard development is intended for the buildings, which will have a nautical appearance with glazing and decking. There will be a mixture of detached and linked buildings of varying storey heights. A simple palette of colours is proposed with most external wall surfaces in off-white with occasional colour-contrast renders with coursed natural stone at selected areas.

Roofs are proposed to be slated with single ply membrane sheeting to flat area. External walls will be clad in a mix of acrylic renders, natural timber and natural stone.

It is considered that the proposed design approach is imaginative and respects the character and topography of the area. It is not considered that this initial phase will have a substantial impact outwith the immediate environs of the site and, whilst Scottish Natural Heritage (SNH) has requested the submission of day and night visualisations of the scheme prior to a decision being made on the application, this is not considered to be necessary at this stage. It is conceivable, however, that, as the more visible parts of the larger site are earmarked for development, the wider visual impact would require being fully examined, which might incorporate the level of information that SNH has recommended.

For the reasons given above, and in terms of the site’s location within a Regional Scenic Area (Cowal Local Plan 1993) and an Area of Panoramic Quality (Argyll and Bute Local Plan (Modified Finalised Draft) 2006), it is considered that the site has the capacity to successfully absorb the present scale of development. On this basis, it would accord with the Cowal Local Plan 1993, particularly POL RUR 1.

Road Network and Parking

The site is served by an existing road network that includes the ‘concrete road’ (a private road) leading from the public highway at Portavadie to the Caledonian MacBrayne ferry terminal. Access from the ‘concrete road’ is by way of the existing private roads that serve the marina and industry.

The Area Roads Manager has no objections to the proposal subject to certain conditions. Whilst the ‘concrete road’ is not a public highway, it is of a reasonable standard in terms of surface, width and geometry. It is not considered that this proposed non-residential development would have an unacceptable impact upon the existing road network. Indeed, Policy LP TRAN 4 allows for a private road network to serve a commercial development where it is not considered that the proposal would generate unacceptable levels of pedestrian or vehicular traffic.

It should be stressed, however, that the realisation of the larger masterplan for this area will almost certainly necessitate improvements to the existing road network and this will require to be fully investigated at the appropriate time.

In terms of parking arrangements, the Area Roads Manager is seeking the provision of 273 on-site parking spaces. The application shows the erection of approximately 255 spaces. In the context of the size of the site and its distance from the public road network, it is considered that this shortfall is not of significance and would not have an unacceptable impact on the existing road network at this location. F:\MODERNGOV\DATA\AGENDAITEMDOCS\4\8\4\AI00031484\01195WRPORTAVADIEMARINA0.DOC 11

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Foul Drainage

There is no existing public sewerage system at Portavadie with the consequence that the application proposes the installation of a packaged sewage treatment plant with discharge to an existing outfall. Stewart Associates (letter dated 23rd August 2006) have confirmed that the system will be maintained privately by the applicant but that it is designed to a standard that would allow adoption by Scottish Water.

SEPA has confirmed that it has no objection to this arrangement providing that a condition is attached ensuring construction to an adoptable standard.

Water Supply

Scottish Water has made no objection to the proposed connection to the public water supply. The agent acknowledges, however, that the realisation of the larger masterplan for this area will almost certainly necessitate improvements to the existing water supply and this will require to be fully investigated at the appropriate time.

Surface Water Drainage

SEPA was initially concerned regarding a lack of information on this issue. The agent has supplied further details (letter dated 23rd August 2006) and SEPA (letter dated 12th September 2006) has confirmed that these details are acceptable.

Land Contamination

A report entitled ‘Geo-environmental Desk Study – Proposed Development Site Portavadie’ prepared by WSP Buildings Ltd and dated May 2005 has been submitted in association with the subject application. The conclusions of this report contain a recommendation that, prior to development commencing, a thorough site specific ground investigation be undertaken that should include borehole drilling; trial pitting; and chemical testing of the soils in the areas of the proposed development.

Whilst the Public Protection service has made no comments on the proposal, it is considered that, on the basis of the findings of the desk study already carried out, it would be justifiable and reasonable to attach conditions requesting that further land contamination studies are undertaken and, if necessary, mitigation measures formulated and implemented.

Nature Conservation

An ‘Ecological Impact Assessment’ by Northern Ecological Services accompanies the application. Both Scottish Natural Heritage (SNH) and SEPA have commented on the proposal in light of the contents of this assessment.

SNH has no objections to the proposal from a nature conservation perspective but has recommended conditions regarding a repeat otter survey being carried out at least three months prior to development commencing; a buffer zone between application site and areas of coastline not scheduled for construction; workforce access to sensitive areas to be restricted during construction period; machinery not to be operated during hours of darkness (whenever practicable); all associated lighting to be directed away from coastline and riparian habitats; and all construction works within habitats significant for breeding birds to be timed to avoid the breeding season.

SEPA had initial concerns that the application lacked information to demonstrate that any important marine habitats would not be adversely affected by the development. The agent has supplied further details (letter dated 23rd August 2006) and SEPA (letter dated 12th September 2006) has confirmed that these details are acceptable subject to appropriate conditions being attached.

Flood Risk

Whilst the site is adjacent to Loch Fyne and there a number of small watercourses/drains crossing the site, SEPA has no record of flooding at this location. However, it did have initial concerns regarding a lack of information and, in its first response dated 27th July 2006, it objected to the proposal.

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The agent supplied further details (letter dated 23rd August 2006) and, whilst many of SEPA’s concerns regarding flood risk have been addressed (particularly in terms of tidal risk), the potential risk to the site has not been fully assessed regarding fluvial risk. SEPA had maintained its objection with respect to flood risk but it is understood that sufficient information has now been submitted to clearly demonstrate that the site is sufficiently above the normal water level of any watercourse so as not to be at significant risk of flooding.

Pontoon Management

In its first response dated 27th July 2006, SEPA had objected to the scheme on the basis that the application proposes a significant increase in the number of pontoons and no detail had been provided on what waste facilities would be present at the marina to ensure appropriate disposal of foul drainage. SEPA consider this to be an important issue as the site lies in EC-designated shellfish waters and it is essential that users of boats berthed at the pontoons do not discharge foul drainage directly to these waters but make use of shore facilities.

Whilst the agent (letter dated 23rd August 2006) has stated that a “strict management regime is proposed with adequate, high visibility signs placed at point of entry to the marina, pontoon gates and marina office advising visitors and berth holders of their responsibilities”, SEPA maintains its objection over a lack of detail and the absence of an enforceable management regime.

The agent has submitted further information on this issue (letter dated 14th September 2006) and SEPA are presently examining this latest information. It should be borne in mind, however, that this may not be an issue that could be readily addressed via a condition having regard to the six tests contained within Circular 4/1998 ‘The Use of Conditions in Planning Permissions’ and the potential difficulties in enforcing this matter. On this basis, it is considered more appropriate to cover this matter in the ‘note to applicant’.

Pollution Prevention

As stated above, the waters adjacent to Portavadie are designated Shellfish Growing Waters and, during the construction phase, there is some potential for any proposed dredging operations to impact upon theses waters.

On the basis of the foregoing, SEPA has recommended that a condition be attached ensuring that, prior to the commencement of the development, a site-specific construction method statement (or statements) be submitted that systematically identifies the pollution risks in relation to each operation and how they are to be avoided (by preference) or minimised, along with contingency measures.

Waste Segregation, Recycling and Re-use of Demolition Waste

SEPA advises that, in relation to substantial new developments, appropriately-scaled and located facilities for waste segregation and recycling should be incorporated into the design from the outset to assist delivery of the Area Waste Plan.

The agent has supplied further details (letter dated 23rd August 2006) and SEPA has indicated their acceptance of these details. A condition can be attached regarding confirmation of these proposals.

Requirement for a Hearing

The proposal, subject to compliance with the recommended conditions, is considered consistent with the provisions of both existing (Argyll and Bute Structure Plan 2002 and Cowal Local Plan 1993) and emerging (Argyll and Bute Local Plan (Modified Finalised Draft) 2006) Development Plan policies. It does, not, therefore require to be approved as a ‘departure’ to the Development Plan. Furthermore, only one letter of representation has been submitted and this is generally supportive of the proposal.

In these circumstances, it is not considered necessary for a ‘discretionary hearing’ to be convened in association with the subject application.

D. CONCLUSION

The development of the site for the uses proposed is supported by the designation of the land as a Potential Development Area within emerging Development Plan policy and the proposal has been assessed against Central Government guidance and existing Development Plan policies. Subject to suitably-worded

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C P L L V L G O L F O P OL L FLL P PL G L P P L F F F F L L C F G F P F L F LP F L L F F LF S F F F S S F V L S F F V V S F F V V S F V SS V SSS S F F SS F S F V A B V F F F L F F F F F A F F F V F V V V L AF P A F A H V P F V F V P V A A V V L I A V V O O V F H V V V A F V V A O HO V

P A A P E V V F F E FF H F H F

O G J V O V OOO FF CL H V

V V

V H V V V V H V V V G

COMMITTEE LOCATION PLAN RELEVANT TO APPLICATION: 06/01195/DET ± 1:5,000

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Argyll and Bute Council, licence number 100023368, 2004. Page 32

This page is intentionally left blank Page 33 Agenda Item 4b

DEVELOPMENT SERVICES Local Member - Councillor T.B. Marshall PLANNING APPLICATION REPORT Date of Validity - 26th April 2006 Bute and Cowal Area Committee Date - 3rd October 2006

21 September 2006

Reference Number: 06/00589/DET Applicants Name: Seavision (Scotland) Ltd. Application Type: Detailed Application Description: Formation of marina and port development comprising: expansion of existing marina to provide an additional 300 berths, floating breakwater, infilling and land reclamation to provide 361 car parking spaces, erection of licensed restaurant/shop, retail units, pier services building/offices: construction of commercial pier including weigh bridge and causeway, car parking and bark storage area, erection of retaining wall, formation of new port and marina vehicular entrances, new bus stop and widening of A815. Location: Holy Loch Marina, Rankin’s Brae, Sandbank, Dunoon

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Excavation of approximately 225,000 m3 of material comprising seabed sediment to be undertaken in two phases, which will raise the level of the foreshore by some 5 metres. This will comprise the excavation and deposition of 75,000 m3 first to the east of former Robertson’s Yard site to form the berth area and causeway to the new timber pier facility. The remaining 150,000 m3 between the existing marina site and former Robertson’s Yard site will be removed and deposited later to form the reclaimed area (approximately 60-100 metres wide for a length of 430 metres) serving the 300 new marina berths;

• Installation of an additional 300 berths, located off nine floating pontoons between existing marina and former Robertson’s Yard;

• Installation of floating breakwater involving twelve linked concrete pontoons attached to the existing pier and extending 240 metres in a north westerly direction towards the new timber export pier;

• construction of commercial timber transfer pier including weighbridge and causeway, car parking and bark storage area;

• Formation of 361 car parking spaces to serve berth parking, visitor parking, retail/commercial/business car parking;

• erection of licensed restaurant/bar(Class 3)/shop(Class 1)/offices(Class 4) (total floorspace 772m2);

• erection of two blocks of retail units (Class 1)(5 units in Block 1 (551m2) and 7 units in Block 2 (539m2);

• erection of pier services building/ ancillary offices/ vehicle storage(Class 6) (526m2) ;

• formation of new port and marina vehicular entrances, new bus stop and widening of A815, and alterations to existing vehicular access onto A815;

• erection of retaining wall along the rear boundaries of properties from Clyde Cottages to Miller Cottage;

• Erection of security fence;

• Extension and alterations to existing car park.

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Other Specified Operations

• Connection to public water supply and public sewer.

• Proposed landscaping incorporating tree and shrub planting, picnic and recreation area and footpaths.

(B ) RECOMMENDATION It is recommended that, subject to a discretionary hearing, planning permission be Granted subject to the standard condition and reason and the following conditions and reasons together with ‘notes to the applicant’ set out overleaf.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The proposal relates to the expansion of the existing Holy Loch Marina, Sandbank. The marina has already undergone initial expansion and redevelopment in respect of an increasing demand for such facilities and links with tourism. The development involves a significant engineering operation resulting in infilling part of the Holy Loch foreshore with dredged seabed material to create a raised platform for a proposed large car park serving the additional berths and new restaurant/bar, retail units and associated buildings. At the northern end of the site, the existing timber export facility would be relocated to a new pier facility with dedicated bark storage areas, car parking, weighbridge facility and pier services building. While a significant number of objections have been received, many letters of support have also been received. The policies contained in the existing adopted Cowal Local Plan and Argyll and Bute Modified Finalised Draft Local Plan offer general support for such a proposal. The quality of the existing environment along the foreshore is generally poor. Notwithstanding the scale and initial impact of such a proposal on an area of established foreshore, it is anticipated that the proposed development represents a significant investment to the Sandbank and Dunoon area which is likely to provide an economic catalyst for tourism, recreation, business and employment. Environmental concerns are considered limited while safeguarding conditions are recommended. Servicing and infrastructural difficulties can also be overcome by the imposition of necessary safeguarding conditions. The proposed buildings and plant have been designed and located according to their specific functions. While the uses and design are acceptable, a condition requires improved materials or samples to be submitted for approval. While landscaping and boundary treatment details have been submitted, the final schemes still require to be agreed so that comprehensive landscaping and structure tree and shrub planting will help to integrate the overall site into the immediate coastal environment. Subject to a number of suspensive conditions regarding lighting, landscaping and boundary treatments, external materials, contamination, layout of car parking and submission of a Construction Environmental Management Plan, the general masterplan proposal is considered to represent a significant boost to the local economy in addition to stabilising and enhancing existing businesses related to the marina. The volume of representation received both for and against the proposal suggests that a discretionary hearing should be held.

Angus J Gilmour Head of Planning Services

Case Officer: B. Close 01369-708604 Area Team Leader D. Eaglesham 01369-708608

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 06/00589/DET

Conditions

2. The development of the site shall be undertaken in strict accordance with the approved amended plans titled Location Plan 1355-00A received 21st April 2006; 1:1250 Site Plan as Existing 1355-01B received 16th August 2006; 1:1250 Proposed Masterplan 1355-02B received 29th March 2006; 1:1000 Landscape Masterplan 1356 L01 Rev G received 13th June 2006; 1:200 Landscape Sections 1356 L02 RevD received 29th March 2006; 1:100 Proposed Bar/Restaurant, shop and Office – Plans and Elevations 1355-03 received 31st March 2006; 1:100 Proposed Retail Units Block 1 – Plans and Elevations 1355-04A received 29th March 2006; 1:100 Proposed Retail Units Block 2 – Plans and Elevations 1355-05A received 29th March 2006; 1:50 Proposed Pontoon Access Station 1355-06 received 29th March 2006; 1:100 Proposed Pier Services Building – Plans and Elevations 1355-07 received 29th March 2006; 1:1250 New and Existing Piers A022302 015 Rev E received 29th March 2006; Sections through pier and pier approach structures A022302 016 Rev A received 29th March 2006; 1:1250 Proposed Drainage Layout A022302 021 Rev A received 31st August 2006; 1:1250 Existing and Proposed Levels – Marina and Pier A022302 019 Rev A received 13th June 2006; 1:1250 Proposed Masterplan Holy Loch E A022302 020 received 29th March 2006; 1:500 Holy Loch Marina Servicing – Refuse Lorry A022302 016 received 29th March 2006; 1:500 Holy Loch Marina Servicing – 7.5T Delivery Vehicle A022302 017 received 29th March 2006; 1:500 Holy Loch Timber Pier - Articulated Timber Vehicles A022302 018 received 29th March 2006; 1:500 Holy Loch Timber Pier - Articulated Timber Vehicles A022302 019 received 29th March 2006; unless consent for variation is obtained in writing from the Planning Authority. Reason : For the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved plans.

3. No development shall commence until a Flood Risk Analysis is submitted in respect of the existing and proposed drainage requirements for all properties adjacent to the proposed development in order to protect the existing properties and A815 road corridor. The busy watercourse at the northern boundary of the development requires particular and full details shall be provided for the extension of all drainage provision through the works with details in accordance with the Council’s construction standards. Details shall be provided, in accordance with MHW Specification, for the extension of all existing watercourses through the development including the provision of disconnecting manholes in the new eastern footway and for service manholes on each buried watercourse at centres not exceeding 50m within the development. Details of any proposed culverts or control structures affecting the bed, banks, or flow of any watercourse shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA prior to the commencement of any of the operations hereby approved.

Reason: To ensure that the drainage of the site and adjoining land is not affected and that existing watercourses are not polluted or otherwise adversely affected.

4. Prior to each phase of the dredging works, an assessment of potential contamination shall be carried out by a competent person and reported on to the satisfaction of the Planning Authority in conjunction with Public Protection. The assessment should seek to define any risks to the development posed by contaminated material, and make recommendations as to the requirement for any actions necessary to render the material suitable for the proposed use. The recommendations shall be agreed in writing with the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of the development.

Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development.

5. Where the investigation required by condition 4 has indicated that action is necessary to render the dredged material suitable for the proposed use, a remediation plan shall be devised by a competent person and reported, to the Planning Authority, in consultation with the Public Protection Service. The remediation plan shall be agreed in writing, to the satisfaction of the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of that phase of dredging. The plan should include details of the methodology that will be employed to demonstrate that the dredged material will be rendered suitable for the proposed use.

Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development.

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6. The remediation works shall be carried out as detailed within the remediation plan approved under condition 5, unless otherwise agreed, in writing, with the Planning Authority, in consultation with the Public Protection Service. Upon completion of remediation works a completion certificate shall be issued, by a competent person, certifying that the works identified within the remediation plan have been carried out in accordance with the plan.

Reason: In the interest of public health and amenity as previous site investigation has concluded that contamination is present that may pose a hazard to the development.

7. The calculated noise levels arising from any operations at the marina and timber transfer facility shall not increase pre-determined ambient background noise levels (LA90) by more than 3dBA at the nearest noise sensitive property. All measurements to be taken in accordance with BS4142:1997. The predetermined background noise levels shall be agreed in writing with the Planning Authority, in consultation with the Public Protection Service prior to any works commencing.

Reason : In the interests of public health and safety.

8. Prior to the commencement of works, a Noise and Operational Management Plan shall be submitted and approved in writing by the Planning Authority for the operation of the timber transport terminal. The plan shall ensure that local residents are not adversely affected by vehicular movements and logging operations associated with the timber transfer facility and shall incorporate the following elements:

• Full details of the noise attenuation measures which are to be adopted to mitigate the impact from noise emanating from the timber transfer facility.

• The operational procedures for the premises in relation to noise including restrictions in use of the car park and loading/unloading area; intended hours of operation, stock-piling arrangements, traffic management arrangements, the control of noise from vessels using the pier;

• Details of arrangements for the monitoring of these operational procedures and specifications including the effectiveness of any noise attenuation measures.

Thereafter the use of the timber transfer facility shall be in accordance with the findings of the Noise and Operational Management Plan and noise investigation/assessment, together with any required mitigation requirements.

Reason: In the interests of public health and safety.

9. Notwithstanding the submitted details, natural slate or a slate substitute tile shall be used on the roof of the bar/restaurant building and a metal clad roof system shall be used on the roofs of the retail units and pier services building, unless otherwise agreed in writing with the Planning Authority. All proposed external materials shall be submitted for the written approval of the Planning Authority prior to their use on any buildings.

Reason: In the interests of visual amenity and in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 and BE9 of the Development Plan.

10. Notwithstanding the submitted details, revised details of the berth car parking of 98 spaces at the southern portion of the site shall be submitted of the Planning Authority indicating a reconfigured car park arrangement which will relocate the car parking spaces immediately adjacent to Clyde Cottages. Full details of revised car parking layout including surfacing materials and hard/soft landscaping shall be submitted for the written approval of the Planning Authority prior to any works to the car parking area.

Reason :In the interests of visual amenity and to safeguard the amenities of neighbouring properties, in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 of the Development Plan.

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11. Notwithstanding the submitted details, revised details including at least two cross sections and full drainage details shall be submitted for the written approval of the Planning Authority indicating an engineering/landscaping solution to treat the area between the raised site and existing properties, specifically the area between Clyde Cottages to Miller Cottage.

Reason :In the interests of visual amenity and to safeguard the amenities of neighbouring properties and in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 of the Development Plan.

12. Prior to the commencement of any works, full details shall be submitted indicating the revised development levels and freeboard in respect of the potential for ponding to take place, and that the floor levels of all buildings on site will be 150mm above surrounding ground levels. Details shall also be submitted in respect of overtopping and surface water run-off.

Reason : To ensure that the proposed development will not be prone to flooding or inundation.

13. Prior to the construction of any buildings on site, the applicant/developer shall submit full details including alignment, design and height of all security and boundary fencing and boundary treatments.

Reason : To allow the Planning Authority to consider these aspects in detail.

14. Prior to the installation of any external lighting on any part of the site (including construction lighting), full details of a scheme of external lighting (that demonstrates that low-intensity lighting has been used wherever possible) to be used within the site, including mast lighting, pier lighting, all buildings and construction lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, period of operation, angle of direction and wattage of each light, which shall be so positioned to prevent any glare or light spillage especially outwith the site boundary, having regard to the Institute of Lighting Engineers Guidance in consultation with Public Protection.

Reason : In order to minimise the effect of light pollution and in the interests of surrounding amenity.

15. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include: (i) existing and finished ground levels in relation to an identified fixed datum; (ii) existing landscaping features and vegetation to be retained; (iii) location and design, including materials, of walls, fences and gates; (iv) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub and mounding/modelling/screening of car parking areas; (v) programme for completion and subsequent on-going maintenance.

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure the implementation of a satisfactory scheme of landscaping and to minimise the effect of reflective light pollution in the interests of surrounding amenity.

16. Before any of the retail units is first occupied, details of the goods to be sold (which shall be related to the activities at the marina) shall be submitted to and approved by the planning authority. Thereafter, none of the retail units hereby approved shall be combined unless otherwise agreed in writing with the Planning Authority.

Reason : In order to protect the vitality of surrounding shops.

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17. Prior to the commencement of any works on site, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA and Public Protection. This plan shall include full details of: construction and operating times, environmental management issues and mitigation measures to be adopted, construction traffic routes and operations, staff car parking and accommodation on site, control of dust, noise, waste disposal, cleaning of vehicles, foul drainage and control of site drainage, contamination, air quality and vibration. The plan shall also address issues such as the potential sources of particulates, mitigation measures to be adopted to control particulate emissions and the methods of monitoring and recording matters relating to particulate control, with reference to Planning Advice Note 50. The dust management plan approved shall be implemented commensurate with the commencement of the proposed operation.

18. Prior to the commencement of the development, full details of the working practices and suppression measures shall be submitted to the approved in writing by the Planning Authority in respect of dust and particulate contamination in the immediate locality of the development. Such details as are approved shall be utilised during the course of construction work to the satisfaction of the Planning Authority in consultation with Public Protection

Reason: To ensure that the construction of the site is suitably controlled and in respect of residential amenity, road safety and in the interests of public health and amenity.

19. Each individual phase of the development, as indicated on ‘Development Phasing’ drawing no. 1335/08 received 7th September 2006, shall be completed in accordance with the approved plans before any works commence on a subsequent phase, unless otherwise agreed in writing with the Planning Authority.

Reason: In order to ensure that a phased approach is undertaken in the development of the entire site.

20. Prior to the commencement of any works, measures shall be put in place to ensure that all vehicles are clean of material before entering the public road from any access. Full details of wheel-washing and vehicle washing facilities and location(s) within the application site shall be submitted to and approved in writing by the Planning Authority. The vehicular wash-down area(s) shall be retained for the duration of the entire construction phases.

Reason : In the interests of road safety and to ensure that wash-down facilities are provided within the site.

21. A 2.0 metre wide footway shall be provided along the totality of the development on the east side of the A815 and return to the rear of the junction bellmouths and to the Port Office.

Reason: In the interests of pedestrian safety.

22. The A815 shall be made up to 6.8metres wide along the frontage of the development (with provision of a bus pull in and consideration on the need for a right turning lane at the entrance to the marina). The entrance road to the marina shall be 6.0metres wide for at least the first 15metres and shall be surfaced in asphalt surfacing at least to the rear of the bellmouth. Internal roads shall be a minimum of 6.0metres wide with suitable geometry to allow for delivery vehicle movements. All kerbs shall be provided on the main junction radii.

Reason : In the interests of road and pedestrian safety

23. Full details shall be submitted showing provision for cycle parking and cycling/pedestrian routes within the development.

Reason : In the interests of road and pedestrian safety

24. Prior to any dredging works being undertaken, a repeat survey for otters shall be carried out across the entire application site and any mitigation measures required fully detailed. All mitigation measures shall thereafter be carried out in accordance with the approved scheme. Reason : To protect and safeguard otters and their habitats. 25. Prior to any dredging works being undertaken, a method statement shall be submitted to the Planning Authority indicating that all potential impacts on breeding birds have been minimised. No construction or engineering operations shall take place on site between March and July in any year. Reason : In order to protect the habitat of breeding birds on intertidal areas in accordance with Policy . F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\4\AI00031486\00589WR3SEAVISIONPROPOSEDMARINAANDPORTFACILITYHOLYLOCHMARINASANDBANK0.DOC 6

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ADVISORY NOTES TO APPLICANT RELATIVE TO APPLICATION 06/00589/DET

(i) The applicant/developer is advised that in terms of construction noise the Public Protection Service will use powers under the Control of Pollution Act 1974 to control the noise from construction work.

It is envisaged that, in order to comply with the above controls, construction and dredging operations within the site may require being restricted to the hours of 0800 to 1800 Monday to Friday. No construction works or dredging, (but allowing for cleaning and maintenance of plant and equipment), shall take place and no heavy goods vehicles shall leave the site outwith such prescribed times and at no times on weekends or Bank Holidays.

In addition, all vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with and use effective silencers.

Prior to the commencement of any construction or dredging works, the applicant is requested to discuss with the Council’s Environmental Health Department 01369 707120 measures that will be put in place to control noise from the site. It should be noted that any agreement made at this time will not preclude any action being taken under Section 60 of the Control of Pollution Act 1974 should it be deemed necessary.

(ii) The applicant/developer is strongly advised by Scottish Natural Heritage (SNH) that a repeat survey for otters should be carried out across the entire application site and any mitigation measures required fully detailed. All mitigation measures shall thereafter be carried out in accordance with the approved scheme. Additionally, the applicant/developer is strongly advised that the intertidal areas of the coastline are important feeding and roosting areas to a number of wading bird species. SNH recommends that a method statement is produced that demonstrates to the planning authority that all potential impacts have been minimised. In this respect, SNH advise that no construction or engineering operations should take place on site between March to July, which period coincides with the breeding season of Ringed Plover and Oystercatcher which may commence breeding on the site above the Mean High Water Spring mark.

The applicant/developer is strongly advised to contact Scottish Natural Heritage to discuss this matter fully, please contact Elizabeth Pryor, Area Officer, Cowal and Bute, tel. 01369 705377.

(iii) The applicant/developer is strongly advised that they contact Scottish Water directly to discuss waste and wastewater provision, especially the timing requirements of connection to the public sewerage network. For all of the advisory points given above, the applicant/developer is advised to contact Scottish Water directly Victoria Peel, Planning and Development Services, tel.0845 601 8855).

(iv) The applicant/developer is advised by Scottish Water, that :

Due to the size of the proposed development the applicant must make a separate application in writing to Planning and Development Services, in order for Scottish Water to fully assess the impact of the development on their assets;

• If the connection to the public sewer/water main requires to be laid through land outwith the applicant’s ownership, then the applicant must provide evidence of formal approval from the affected landowner(s) through whose ground the connection to the public wastewater system/water main must pass. This shall be done at the time of application;

• the applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and water network at the appropriate time. It is important to note that the granting of planning consent does not necessarily guarantee a connection to Scottish Water’s assets;

• Planning & Development Services no longer deal with requests for location of services. Should the applicant require this information, they should contact Property Searches Department, Bullion House, Dundee, DD2 5BB; F:\MODERNGOV\DATA\AGENDAITEMDOCS\6\8\4\AI00031486\00589WR3SEAVISIONPROPOSEDMARINAANDPORTFACILITYHOLYLOCHMARINASANDBANK0.DOC 7

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• A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water support the principle of a sustainable urban drainage system (SUDS) and the developer should consider utilising this in the surface water drainage system. It is important to note that Scottish Water will not adopt surface water drainage systems that require the flows to be pumped;

For the advisory notes above, the applicant/developer is advised to contact Scottish Water directly (Planning and Development Services, 419 Balmore Road, Glasgow G22 6NU, Tel. 0845 601 8855 or at www.scottishwater.co.uk ).

(v) The Area Roads Manager has advised that the following aspects must be provided :

• Signage must be provided advising road traffic of the site entrance(s) and the presence of heavy traffic turning; • The scale of the development requires a Road Safety Audit taking into account traffic generated by both the marina and the timber port facility. The initial RSA has been submitted; • A pedestrian route is to be developed along the shore and up via the area shown for boat storage towards the village shops, not shown on the drawings. Land is to be made available for the provision of a footway with the aim to provide a pedestrian crossing in the area south of Cottages; • Pedestrian crossing facility is to be provided at the marina entrance by the construction of dropped kerbs on the radii and on the west side of the A815 opposite the southern radius; • A 2m wide footway is to be provided along the totality of the development on the east side of the A815 and return to the rear of the junction bellmouths and to the Port Office; • Drop kerbs are to be provided on the main junction radii; • Provision is required for cycle parking within the development; • The inbound [Dunoon] bus stop with pull in is to also include a bus shelter. An outbound stop should also be provided near the marina entrance; • The internal roads layout requires road marking and traffic calming measures; • Traffic restrictions are to be developed comprising No Waiting and No Loading on the east side and No Waiting 8:00am – 6:00pm on the west side of the A815 from Rankin’s Brae northwards to the Beeches. The developer is to carry out all consultations and preparations of an Order for the Council as Roads Authority to make. The developer will carry out the signing and lining for the order; • The A815 is to be made up to 6.8m width along the frontage of the development with provision of a bus pull in and consideration on the need for a right turning lane at the entrance to the marina; • The entrance road to the marina is to be 6m wide for at least the first 15m and is to be surfaced in asphalt surfacing at least to the rear of the bellmouth; • Internal roads are indicated to be 6m wide and must allow for delivery vehicles. Geometry must allow for delivery vehicle movements; • The new port facility is to handle all commercial freight replacing the existing freight traffic on the pier at the existing Holy Loch Port; • Pedestrian routes within the development must be clearly identified; • Traffic exiting the port facility must be made to pass over the vehicle cleaning facility with a management regime to ensure that no material is transmitted to the public road; • Access to the slipway is to be made from the marina side of the development; • The development roads must be signposted as private; • Traffic signs are required for traffic coming out of the development advising of Give Way, and Directional signs for A815 Dunoon and Ferry terminal; and for A815 Strachur (A83 Glasgow). The traffic regulation signs will require to be illuminated; • Signs on the public road should be provided by the developer advising of HGV turning traffic in both directions; • Checks are to be made on the provision of additional lighting at the junctions; • As a Port Operator the developer will be required to provide a measured response for oil spills comprising an oil spill plan and also the provision of at least Tier 1 oil spill response equipment; • During construction any access to the public road must have advance signage on the A815 advising of site entrance(s), and the turning of heavy vehicles. Arrangements must be in place prior to any access being used for wheel and vehicle cleaning to ensure that no material is transmitted on to the public highway.

The applicant/developer is advised to contact the Area Roads Manager (Mr. Alan Lothian, tel. 01369 708600) directly upon these matters.

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(vi) The Area Roads Manager has advised that Construction Consent (S21), A Road Bond (S17) and a Road Opening Permit (S56) will all be required for proposed development. The applicant is advised to contact the Area Roads Manager (Mr. Alan Lothian, tel. 01369 708600) directly upon this matter.

(vii) The Area Roads Manager has advised that a system of surface water drainage is required to prevent water running of the road and to do would be contrary to Section 99 of the Roads (Scotland) Act 1984 that states that:

"(i) The owner and occupier of any land, whether or not that land is such as constitutes a structure over or across a road, shall prevent any flow of water, or of filth, dirt or offensive matter from, or any percolation of water through, the land onto the road."

A system of surface water drainage to be provided to prevent surface water running on to the footway and carriageway. Consideration should be given to prevent waste or by products from passing on to the footway and carriageway from site. A drainage system including positive surface water drainage measures should be agreed with the Area Roads Manager. The applicant is advised to contact the Area Roads Manager (Mr. Paul Farrell (tel. 01369 708613) directly in this regard.

(vii) The applicant is advised by Clydeport Properties Ltd. that it will be necessary for Clydeport in the interest of safety, to create a navigable channel where Rule 9 of the International Collision Regulations applies. The channel will require the establishment of a new Fairway Buoy which has to be established and laid by Clydeport. The applicant /developer is advised to contact Andrew Stafford, Property Surveyor, Clydeport Properties Ltd. 16 Robertson Street, Glasgow G2 8DS (tel. 0141 221 8733) directly upon this matter.

(ix) The applicant/developer is strongly advised by SEPA that no foul effluent shall be discharged from boats using the pontoons. The use of signage (and other operational management methods) stating that under no circumstances must effluent be discharged into the water by any craft moored at the pontoons is welcomed by SEPA.

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APPENDIX RELATIVE TO 06/00589/DET

A. OTHER MATERIAL CONSIDERATIONS

(i) Site History

Detailed application (ref. 01-93-1045) for a marina development was refused on the 24th January 1994 due to the applicants’ failure to submit an Environmental Assessment timeously.

Detailed application (ref. 01-94-0157) for a marina development was withdrawn on the 16th May 1995.

Detailed planning permission (ref. 01-94-1031) was granted to Cowal Leisure on the 19th April 1999 for the formation of a 364 berth marina following a Section 75 Agreement regarding the provision of a management plan. This scheme included floating breakwaters stretching from the former US Navy Supply Depot (i.e. the existing Marina) to the former Robertson’ Yard at the north of the site. Some initial work including dredging and deposition of the first phase took place.

The site was subsequently purchased by Seavision (Scotland) Ltd. in May 1999. Detailed planning permission (ref. 99/01149/DET) to modify the original permission and reposition a slipway and provide a fuelling area was granted in December 1999. That application constituted a material amendment to the previously approved marina (ref 01-94-1031) development which entailed repositioning the slipway from the southside of the existing jetty to the north side and the installation of a fuel area. Other works included the excavation and deposition of material to provide a bund.

Detailed planning permission (ref. 00/02272/DET) was granted in May 2000 for the excavation and deposition of sediment material (14,000m3) to form Phase 2 of the marina with deposition works taking place to the rear of the former Wilson’s Garage. Dredging works were undertaken and completed in July 2001 with other infilling works being completed recently.

A detailed application (ref. 03/02133/DET) was withdrawn on 8th July 2004 due to the lack of information including a request for an Environmental Statement. This scheme proposed a similar level of infill and berths but only included half of the current area up to Miller Cottage and no mention was made of the timber transfer pier.

A similar detailed application (ref. 05/00625/DET) was withdrawn on 16th March 2006 following concerns raised by SEPA regarding site levels. The current application incorporates increased site levels in accordance with SEPA’s requirements. This application also proposed a large lorry park to serve the timber export facility which specifically attracted a significant number of objections. Following discussion with the applicant, the lorry park has now been deleted from the current application.

(ii) Consultations

Scottish Environment Protection Agency (responses dated 17th May and 31st August 2006): SEPA will withdraw its earlier objection to this application on the basis that the revised levels are applied as a minimum which should be clearly demonstrated; any open channel watercourse is not culverted. Other comments regarding flood risk and discharge of foul effluent from boats using the pontoon.

Sandbank Community Council : (response dated 9th June 2006) : Comments following Open Day on Sunday 4th June 2006 when 100 people visited Sandbank Village Hall to view plans for the proposed development. While the majority of people attending the Open Day are in favour of a marina but without the infill, the Community Council objects to the proposal.

Public Protection (response received 14th September 2006): No objections of an environmental health nature but recommend that conditions regarding regarding contaminated land, air quality, odour, lighting and noise. Refer to comments in assessment.

Area Roads Manager (response dated 17th May 2006): No objections subject to conditions and advisory notes.

Transportation and Infrastructure (responses dated 17th May, 11th July, 1st September 2006) : Comments regarding proposed site levels, levels of buildings and drainage calculations. Latest response confirms that the submitted drainage calculations to prove that the drainage system does not overtop at the 1 in 200 year event are acceptable. The calculations however do not include the ‘Boat Storage/Seasonal Overspill Parking

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Area’. Building floor levels should be 150mm above adjacent ground (which grades away from the building) with a minimum floor level of 5.2metres AOD.

Scottish Water (response dated 19th June, 11th July6): No objections subject to advisory notes. Comments regarding timing requirements of connection to the public sewerage network.

RSPB Scotland (expiry date 17th May 2006): Views awaited.

Statutory Plans: (response dated 3rd July 2006): Comment that there is no specific policy in adopted or emerging plans which would lend neither support nor rule out such a development. In terms of the retail element, the proposed retail floorspace (i.e. 844m2) would be consistent with Policy LP RET3 (which applies to Sandbank as a small town/village) of the Finalised Draft Plan where this policy can be used as a material consideration as no representations were submitted in respect of this policy.

Health and Safety Executive (response dated 24th May 2006) : The development does not appear to meet the agreed consultation criteria therefore no comments.

Scottish Natural Heritage (response dated 3rd May 2006): No objections but recommends conditions to further minimise impacts arising from the development in respect of: - request for otter survey; work restricted to avoid breeding season for waders; day and night visualisations from adjacent new housing, Lazaretto Point and Kilmun; design and alignment of security fencing; a lighting plan which utilises low- intensity lighting wherever possible. Additional comments and advice.

Loch Lomond and The Trossachs National Park Authority (response dated 23rd August 2006): No objections subject to conditions regarding external lighting and car parking layout to minimise light pollution.

Historic Scotland (response dated 10th January 2006): No comments to offer.

West of Scotland Archaeology Service: (response dated 2nd May 2006): No known archaeological issues raised. No comments.

River Eachaig District Salmon Fishery Board: (response dated 15th May 2006): No objections on the proviso that the salmon fishery area and the mouth of the Eachaig are protected from contamination and fuel spillage.

Royal Yachting Association: (response dated 3rd May 2006): No objections.

British Trust for Ornithology: (response dated 3rd May 2006): Unable to comment.

Scottish Executive – Air Climate and Engineering Unit: (response received 4th May 2006): No comment.

Scottish Executive – Country and Natural Heritage Unit: (response received 4th May 2006): No objection.

Western Ferries (response dated 3rd May 2006): No objections to the proposed development and wish the applicant every success in this venture which should bring much benefit to the local community. Any concerns regarding the resultant increase in water-borne traffic are considered to be outwith the scope of this application and are confident that they will be satisfactorily addressed by Clydeport Harbour Master.

Clydeport Properties Ltd (response dated 30th March 2006): Advisory note regarding the creation of a navigable channel.

(iii) Publicity and Representations

The proposal has been advertised under Regulation 13 of The Environmental Assessment (Scotland) Regulations 1999 (publication date 5th May 2006); Section 34 (Bad Neighbour) of the Town & Country Planning (Scotland) Act 1997; ‘Potential Departure’ from the Development Plan Polices POL RUR 1, POL COM1, POL COM 5 (‘bad neighbour’), POL TOUR7, POL TOUR8, POL TOUR11, POL PU1, POL PU3, POL BE1, POL BE9 of the Cowal Local Plan 1993 (publication date 5th May 2006); and Section 60 Development affecting the setting of a Listed Building published 9th May 2006.

Many letters of representation have been received for this complex scheme which include 52 letters of objection and 35 letters of support. The names and addressees of all contributors are contained in a

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Page 44 separate Appendix attached to this report. The concerns and issues raised as well as positive contributions can be summarised as follows:

The concerns and issues raised in the letters of representation can be broadly summarised as follows -:

Against (52)

Notification and timing of plans deposited in Milton House together with initial lack of information.

Detrimental impact on adjacent residential properties including those immediately adjacent to the site (Clyde Cottages to Miller Cottage) and those facing the site on the western side of the A815;

Parts of the application site may be in other ownership. Titles may include the foreshore. Loss of access to the foreshore as a route to moorings and for leisure

Existing views of the Holy Loch will be restricted

Constant noise of halyards clacking against masts

Local trade benefits likely to be limited

Marinas are not labour intensive

Fail to see how the marina can be sustained given low amount of craft currently using the facility.

Duration of construction period which could be up to 12 years.

Effect on property prices due to construction and development in general.

Existing marina operation creating problems of noise, untidy yards, materials stored on site, all creating a negative visual impact on Sandbank

Proposed buildings may be a catalyst for more development

Continuing traffic danger and parking restrictions after development

Impact of timber transfer facility on surrounding properties in respect of noise and disruption. Increase of timber traffic will only increase noise and debris currently experienced

Should the venture fail what would Sandbank be left with given the large area of infill and retail/commercial type units on site?

Benmore Centre for Outdoor Education (letter dated 21st April 2006) comment that the realignment of the causeway and pier from Robertson’s Yard is likely to result in even more difficult in operating from the existing sailing yard.

Ownership of the site and Access to the Holy Loch

Throughout the previous application (ref. 05/00625/DET) and current application, letters of representation have been received indicating that parts of the site may be in other ownership and that existing access rights to the foreshore and Holy Loch will be denied. The applicant’s agent has confirmed that legal searches have been carried out to establish ownership of the site which includes Argyll and Bute Council, Argyll and Island Enterprise and Crown Estates. Other issues regarding ownership of the site are considered to be civil matters and as such ‘not material’ to the consideration of this application. Additionally, the applicant does not know of any rights of way over the development site or rights of access to the water. The proposed development permits access to the water via the slipway and creates improved access to the foreshore by creation of landscaped parkland. Such issues regarding rights of access to the water are considered to be civil matters and as such ‘not material’ to the consideration of this application.

In response to some of the specific issues raised above, the applicant’s agent offers the following comments:

(C. Colquhoun, 1 Clyde Street, Sandbank) - the two abandoned boats do not belong to the Marina nor were they berthed at the marina. The material stock piled on the site is proposed for infill and will be removed;

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(D. Orr, Linwood Cottage, Sandbank) - In terms of ownership of ground the applicant has obtained legal opinion on this claim and ownership will require to be legally tested; (J A Graham, Walden Road, Sandbank) – The existing breakwater and recently installed pontoons have been the subject of planning permission; (Benmore Centre) – the applicant has offered the use of proposed facilities to the Benmore Centre to assist the operation of their existing facilities. Further discussion is offered by the developer. (Mr. and Mrs. Wilson, Thee Beeches, Sandbank) – the port development is required due to the inadequacy of the existing pier; (3 Clyde Cottages) - the applicant believes that the existing foreshore at Sandbank is unsightly which will only benefit from the proposed development; (Neil Clerk and Murray on behalf of Mr and Mrs D Brunton) – access to the shore is to be maintained. The applicant will not take away 2/3 of the Holy Loch and believes that the proposed development will be in keeping with the area; (W & W Cairns, Sandbank Community Council) – Understood that the Community Council hoped to develop a footway from Robertson’s Yard end of the site to connect with the footpath at the foot of Rankin’s Brae. This will be provided with the proposed footpath through the site and the new esplanade at the foreshore. Roads have also requested that a footpath be provided along the widened section of the A815.

Many objectors have queried the drainage aspects of the proposed development and its impact on existing watercourses including flooding. The applicant maintains that these issues have all now been addressed in detailed drainage proposals for the site. The department in consultation with SEPA, Scottish Water, the Council’s Flood Group and The Area Roads Manager all find the drainage proposals acceptable subject to confirmation of aspects which are addressed via recommended conditions or advisory notes.

For (35)

The owners of the Majestic Line who operate a cruise service from the existing Marina claim that their operation which currently employs 8 people and inputs significantly into the local economy would not be in business if not for the Holy Loch Marina. The owners suggest that the foreshore to be infilled is not attractive and the prospect to link Lazaretto Point with a continuous footpath to the head of the loch is to be welcomed.

A letter from a resident of Strone comments that the existing Marina has already attracted many visitors and enhanced the area in addition to the number of jobs created.

It is suggested that the Council support high quality leisure facilities in Cowal where tourism is so great a part of the local economy. The recent growth in activity at the Marina demonstrates that there is a demand for berths and an increasing use by other boat users on the Clyde for overnight visits.

The owner of a new power boat school based at the Holy Loch Marina comments that the expansion of the Holy Loch Marina offers a serious opportunity not only for Sandbank but the whole of the Cowal area to move further into the 21st Century to create a vibrant community and promising economic future.

A few letters of support suggest that Sandbank Community Council have and do not represent the majority view in that the proposed development should be supported. It is suggested that a small but vocal group are objecting to the proposal against the wishes of many people who believe that the project will bring so much more to the community in terms of drawing many more people to the area and resulting in more revenue coming to the people and businesses of the community.

The Director of Shearwater Marine Services comment that the existing facilities at the marina have helped in creating improved berthing and lading operations connected with the dive service which employs up to twenty divers, many based locally. The improvements to the marina including wharfage facility will have a positive effect on the area and allow the company to further develop its shipping and Clyde based operations.

The Director of Professional Diving Academy is a commercial diver training organisation based in Sandbank who currently employ 6 full time staff but hope to increase this to 12 over the next year. The enlargement of the existing marina is vital to the company in respect of the use of the dive vessel ‘Sleat’ where increasing commercial operations from the existing pier may hamper dive operations. The expanded marina will ensure that the company can continue and further their dive operations from the marina.

Sandbank Community Development Trust comments that one of its aims in its Community Action Plan is the creation of a safe walk along the shore of the Holy Loch. The proposed development would help the Trust

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achieve its aims by the continuous link through the marina site linking Ardnadam to Sandbank and Broxwood.

Other letters of support came from residents and local business including Proform Marine, Clyde Sea Recovery, Holy Loch Brokerage, Holy Loch Coffee Shop, George H. Currie Blacksmith, and John Orr River Rocket.

The issues raised in these representations are addressed in the ASSESSMENT below.

(iv) Applicant’s supporting Information

In support of their application, Seavision (Scotland) Ltd. has submitted: an Environmental Statement and Non-Technical Summary, by Environ UK Ltd. published May 2005; an Environmental Statement Addendum A, by Environ UK Ltd. published April 2006; a Transport Impact Assessment and Technical Appendix, by Whyte Young and Green published 8th May 2005; Timber Felling Production Forecast 4th May 2006, Buildings Design Statement and site perspective sketches.

The Environmental Statement (and Non-Technical Summary) includes detailed information on the development proposals, natural heritage, water resources, air quality, noise and vibration, landscape and visual assessment, archaeology and cultural heritage and construction, figures and appendices. In terms of natural heritage it is concluded that the permanent loss of inter-tidal habitat through the construction of both the timber transfer facility and the marina extension will have a minor residual impact. The original statement concluded that analysis of seal level and extreme wave height data indicated that the development would not be at risk from coastal flooding events if it were to be built to a proposed height of 4 m AOD. The installation of a breakwater is however crucial to an achievement of low level risk of extreme sea level and extreme wave event occurring. SEPA subsequently dismissed this approach and required the level of the site to be higher hence the requirement for the current fresh application and addendum statement below.

In terms of air quality the development is unlikely to give rise to significant impacts on air quality. Dust from construction activities may potentially give rise to localised impacts but the adoption of normal construction site management practices will ensure that impacts are eliminated or controlled. The main source of potential impact will be from development traffic but modelling reveals that there will be no significant impact on air quality.

Detailed noise measurements have been undertaken and noise predictions made from noise sensitive properties and locations. Mitigation measures have been recommended where residual impacts are predicted to be of minor to moderate significance depending on proximity to operations.

In terms of Landscape impacts, the overall effect is assessed as being of ‘minor’ significance. The substantial impact locally at Sandbank is however acknowledged with the loss of the existing loch side character but the nature of the wider landscape is such that it can absorb the proposed development without detrimental effect.

It is considered that the proposed development will have no impact on cultural heritage resources in the surrounding and wider area but will have a significant impact on the Grade B Listed Benmore View.

Environmental requirements during construction phases will be addressed in a Construction Environment Management Plan.

An Environmental Statement Addendum A, by Environ UK Ltd. published April 2006 provides additional details on landscape and visual assessment following earlier consultation response but most importantly indicates that the area of infill will be generally levelled at 5m AOD apart from the spine road into the site and esplanade which will be at a height of 5.2m AOD in order to provide protection from potential flood events.

A Transport Impact Assessment (and Technical Appendix), by Whyte Young and Green published 8th May 2005, concludes that the proposals will improve the current Rankin’s Brae junction by reducing the number of heavy vehicles travelling through it. Other improvements include widening of the A815 with new footway along much of the length of the sites boundary, new junction and access to the timber transfer facility and marina and provision of a bus stop with waiting facilities. Overall the proposals fit within the context of existing local development, enhancing the waterside area and boosting the local economy. Most development in this rural area would be likely to generate higher levels of car trips, but the proposed

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development is considered to be the most appropriate for the site and local area. A subsequent Transport Impact Assessment Addendum Note 1, by Whyte Young and Green published March 2006 concluded that the increase in the number of vehicles on the existing junction at Rankin’s Brae was unlikely to be significant.

Information contained in the Timber Felling Production Forecast 4th May 2006, indicates that Seavision estimate that between 50-70% of the total tonnage of 1,783,000 tonnes for the period 2006-2015 will be exported through the port facility to ships (it should also be noted that one truck can only take 28 tonnes per delivery).

• The applicant’s agents submitted a Buildings Design Statement and site perspective sketches. While this is of limited value, the contents are summarised in the proposal below.

(B) POLICY OVERVIEW

(i) Scottish Planning Policy

The following Scottish Planning Policy documents are relevant:

SPP 1: The Planning System SPP 2: Economic Development; SPP 6: SPP 7: Planning and Flooding PPG 13: Coastal Planning NPPG14: Natural Heritage SPP 15: Planning for Rural Development: NPPG 18: Planning and the Historic Environment:

However, this advice is substantially incorporated in the Council’s adopted and emerging development plan policies set out below.

(ii) Argyll and Bute Structure Plan (2002)

The following policies are applicable

STRAT SI 1 Sustainable Development STRAT DC 1– Development within the Settlements STRAT DC 7 – Nature Conservation and Development Control STRAT DC 8 – Landscape and Development Control STRAT DC9 – Historic Environment and Development Control STRAT DC10 – Flooding and Land Erosion STRAT CP1 – Coastal Transhipment Development

The above policies are developed further in the Argyll and Bute Local Plan (Modified Final Draft) 2006.

(iii) Cowal Local Plan 1993

In the adopted Cowal Local Plan 1993, the application site is located in the rural settlement of Sandbank/Ardnadam within the Central and East Cowal Local Scenic Area.

Policy STRAT 1 – Regeneration of Cowal advises that the prime strategy shall be economic regeneration and population increase throughout Cowal in a manner which is sustainable in its use of natural resources and does not compromise the natural heritage of the area.

Policy RUR 1 Landscape Quality seeks to resist prominent development which would have an adverse impact on East Cowal's rural and coastal landscape. All developments in the countryside require to be justified and assessed against the following criteria: • Environmental Impact (including design, setting and scale of the development) • Locational/Operational Need • Economic Benefit • Infrastructure and Servicing Implications

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Policy RUR 2 Nature Conservation resists developmentwhich would erode or have an adverse effect on features of wildlife and scientific value including specifically iii) the saltmarsh and estuarine mudflat habitat at the Holy Loch.

POL BE 9 seeks to achieve a high standard of layout and design.

POL IND 6 supports the redevelopment of Robertson’s Yard, Sandbank for industrial, commercial or tourism uses. This site is the location of the proposed timber export pier and associated uses. POL IND 7 supports the redevelopment of ‘The Supply Depot Site’ (i.e. the current site of the Holy Loch Marina land-based operations), Sandbank for industrial, commercial or tourism uses.

POL COM 1 Existing Shopping Centres encourages the consolidation of shopping uses in existing commercial centres. POL COM 3 Off-Centre Retail Developments supports off-centre retail developments where there are no available sites or premises within the area defined under POL COM 1 to accommodate them and that they will complement rather than compete with it.

POL TOUR 1 promotes the revitalisation of Dunoon’s role as a major tourist centre. POL TOUR 7 Development of Water Based Tourism supports water based tourism in Cowal, including Dunoon/Holy Loch area. POL TOUR 8 supports the development of marina and related facilities in the Holy Loch.

POL COM 5 Bad Neighbour Development opposes “Bad Neighbour” developments which adversely affect the amenity of neighbouring properties and land.

POL TR 3 encourages road and traffic management improvements including the stretch of the A815 from Rankin’s Brae to Robertson’s Yard. This stretch of road has been identified as having inadequate width.

(iv) Argyll and Bute Modified Finalised Draft Local Plan June 2006

A Modified Finalised Draft of the Argyll and Bute Local Plan was approved in June 2006 for consultation purposes to 1 September 2006. Although not finally adopted, the following policies should now be accorded significant weight, although some may be subject to objections which may have to be considered at a local plan inquiry.

The site is located within the Small Town and Village Settlement zone of Sandbank (including Ardnadam), which has also been identified as a key settlement. The Holy Loch Marina complex is zoned as an Established Business and Industry Area, while the site to the north is zoned as a Potential Development Area PDA 2/50 (Sandbank – Hooper’s Yard) for mixed use Tourism / Marine. The remainder of the site is foreshore located within the settlement zone. The proposal constitutes a Large Scale Tourist Development (refer to Policy LP TOUR 1 below) which would be consistent with STRAT DC1 where appropriate small scale infilling, rounding off and redevelopment is encouraged in these zones and in exceptional cases large- scale development may be supported.

The main objectives of the Argyll and Bute Local Plan are as follows:

Economic and Social Objectives SI 1 a) to improve economic competitiveness and the relatively poor economic performance of Argyll and Bute as a whole. b) to enhance the economic and social prospects of the geographically diverse local communities in Argyll and Bute. c) to promote appropriate responses to the variety of challenging economic, transport-related and planning circumstances facing these local communities. d) to treat the rich natural and historic environment of Argyll and Bute as a not fully realised economic asset which, if safeguarded and enhanced, can stimulate further investment and increased economic activity.

Environmental Objectives SI 2 a) to safeguard the diverse and high quality natural and built heritage resources, including the abundant landward and maritime biodiversity of Argyll and Bute. b) to reinforce the strength of protection given to the European and national statutorily protected nature conservation sites, habitats, species and built heritage sites, with which Argyll and Bute is particularly richly endowed. c) to enhance and invest in the quality of the natural and built environment and to engage development more effectively with this enhancement process.

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Page 49 d) to encourage development of a scale, form, design and location appropriate to the character of the landscape and settlements of Argyll and Bute.

Policy LP ENV 1 advises that regard should be given to a number of criteria including impacts upon amenity and the environment; the location and nature of the proposed development; relationship to the road and public transport network; the availability of infrastructure; etc. Proposals that would have an adverse impact should be resisted.

Policy LP ENV2 seeks to contribute to the delivery of the objectives and targets set by the Local Biodiversity Action Plan (LBAP). Proposals that incorporate existing site interests within the design will be encouraged and steps should be taken to avoid, mitigate or compensate for possible damage.

Policy LP ENV 6 requires the Council to give full consideration to the legislation, policies and conservation objectives that apply to a variety of habitats & species.

Policy LP ENV 8 Development should not have a significant adverse effect on Local Nature Conservation Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan.

Policy LP ENV 12 Proposals for development that could affect the water environment will be assessed with regard to their potential impact on: water quality and quantity; riparian habitats and wildlife; leisure and recreational facilities; economic activity; and the resources protected by Policy ENV 1 and other relevant Structure and Local Plan policies.

Policy LP ENV 13(a) - Development Impact on Listed Buildings seeks to preserve listed buildings or their setting.

Policy LP ENV 19 Development Setting, Layout and Design seeks to ensure that new developments harmonise with their surroundings in terms of their setting, layout and density.

Policy LP CST 1 - Coastal Development on the Developed Coast (Settlements and Countryside Around Settlements) generally supports development which: (A) Requires a coastal location; (B) Is of a form, location and scale consistent with STRAT DC 1-3; (C) Provides economic and social benefits to the local community; (D) Respects the landscape/townscape character and amenity of the surrounding area; AND, (E) Is in accordance with policy LP ENV 1.

Policy LP CST 4 - Development Impact on the Natural Foreshore. Development will only be acceptable on the natural foreshore if there is a specific operational purpose for its foreshore location and there being no effective alternative location for the development landward of the natural foreshore. Development shall not damage nor undermine the key features of foreshore areas including the following: (A) The dynamics and balance of the ecology of the foreshore; (B) The sustainable productive capacity of the foreshore for shell-fish farming; (C) The effective functioning of the foreshore in providing access between land and water activity; (D) General public access down to and along the foreshore; (E) The attractive appearance of the foreshore itself and value of outlooks over and across the foreshore from land or sea.

Policy LP RET 1 - Retail Development in the Towns – The Sequential Approach presumes in favour of retail development (Use classes 1, 2 and 3*) provided: (A) It is within a defined town centre; or, (B) Where the developer demonstrates that no suitable sites within defined town centres are available, on the edge of a defined town centre; or, (C) Where the developer demonstrates that no suitable sites are available within defined town centres, or on the edge of defined town centres, elsewhere in the town in a location that is or can be made accessible by a choice of means of transport; and in any of these cases, (D) There is no significant detrimental impact on the vitality or viability of existing town centres (E) The proposal is consistent with the other Structure and Local Plans policies.

Policy LP RET 3 - Retail Development in the Villages and Minor Settlements There will be a presumption in favour of retail development (Use Classes 1, 2 and 3) provided: (A) The principles of the sequential test outlined in policy LP RET 1 are satisfied;

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(B) The proposal does not exceed 1000m2 gross retail floorspace; (C) Reasonable account has been taken by the developer of the possibilities of locating the proposal on brownfield land or in disused buildings; (D) The site has good access to the public transport network, where available, or delivers major improvements to public transport services in scale with the development; and, (E) The proposal is consistent with all other policies in the Structure and Local Plan.

Policy LP BAD 1 Bad Neighbour Development “Bad Neighbour” Developments* will only be permitted where all the following criteria are satisfied. (A) There are no unacceptable adverse effects on the amenity of neighbouring residents; (B) The proposal includes appropriate measures to reduce the impact on amenity as defined by the use classes order (i.e. noise, light, smells); (C) There are no significant transport, amenity or public service provision objections; (D) Technical standards in terms of parking, traffic circulation, vehicular access and servicing, and pedestrian access are met in full (see Appendix C); (E) The proposal does not conflict with any other Structure Plan or Local Plan policy.

Policy LP TOUR 1 presumes in favour of new or improved tourist facilities and accommodation provided they are of a form, location and scale consistent with policies STRAT DC 2-6 and, inter alia, they respect the landscape/townscape character and amenity of the surrounding area.

Policy LP SERV 1 advises that connection to the public sewer as defined in the Sewerage (Scotland) Act 1968 will be a prerequisite of planning consent wherever significant development (large scale) is proposed.

Policy LP SERV 2 - Incorporation of Natural Features/Sustainable Drainage Systems (SuDS) encourages developers to incorporate existing ponds, watercourses or wetlands in development schemes. The Council will also require that canalisation or culverting, which can increase the risk of flooding and also greatly reduce the ecological and amenity value of watercourses are avoided wherever practicable.

Policy LP SERV 3 - Drainage Impact Assessment (DIA) requires developers to submit a DIA with certain categories of development. In all cases the Council will encourage the use of sustainable options for waste and surface water drainage.

Policy LP SERV 8 - Flooding and Land Erosion. In all cases where the potential for flooding is highlighted, the Planning Authority will exercise the ‘precautionary principle’ and refuse development proposals where such proposals do not comply with specific criteria. Flood Risk Assessments shall accompany development applications when required by the Planning Authority, in consultation with SEPA.

Policy LP TRAN 1 - Public Access and Rights Of Way (A) Development proposals shall safeguard public rights of way, core paths and important public access routes; (B) Where public rights of way, core paths or public access routes will be prejudiced by a development, including during construction and upon completion, then the developer shall be expected to incorporate appropriate alternative or modified public access provisions. (C) Core path plans and access rights will be material considerations in considering planning applications.

Policy LP TRAN 2 - Development and Public Transport Accessibility (A) Development proposals which are likely to generate significant levels of journeys between places of residence, shopping, employment, leisure and social facilities, shall have regard to selecting and orientating development sites such that advantage can be taken of existing or potential public transport services to and from the locality; (B) Development shall make appropriate internal layout provision for encouraging pedestrian and cyclist access, linking the development with public transport facilities and routes or with locations that contain such facilities e.g. town centres; (C) When considered appropriate by the planning authority developers will be asked to submit an independent transport impact assessment and/or green transport plan to help justify their proposal.

Policy LP TRAN 3 - Special Needs Access Provision (A) Development proposals, will be expected to make appropriate provision for: 1. Safe separation of pedestrian and vehicular traffic; 2. Access to open space, recreational and play space facilities and along desire-lines, including links to off- site destinations such as town centres, schools and recreational paths, as appropriate; 3. Cycle-ways and cycle-parking facilities where these form part of a green transport plan;

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4. Walkway and access facilities designed for use by the disabled, elderly, the infirm, the very young and parents with prams, including effective lighting provision as appropriate to the scale of the development and its location; 5. Access requirements shall comply with the Disability Act. (B) All Developments shall make suitable provision for service vehicle (including emergency services) access and turning.

Policy LP TRAN 5 - Off Site Highway Improvements. Where development proposals will significantly increase vehicular or pedestrian traffic on substandard private or public approach roads, then developments will be required to contribute proportionately to improvements to an agreed section of the public or private road network.

Policy LP TRAN 6 - Vehicle Parking Provision Off-street car and vehicle parking shall be provided for development in accordance with the parking standards (including disabled parking) set out in Appendix C.

Policy LP TRAN 8 - Piers and Harbours encourages development within harbour areas provided they promote the retention of the harbour for commercial marine related uses and supports the further development of existing piers, harbours and marinas for marine leisure and recreational purposes.

Policy LP REC 1 - Sport, Leisure and Recreation presumes in favour of new or improved sport and recreation facilities provided: (A) In the settlements the development is of a form, location and scale consistent with policy STRAT DC 1; (C) They respect the landscape/townscape character and amenity of the surrounding area; (D) They are readily accessible by public transport where available, cycling and on foot; (E) They are located close to where people live and reduce the need to travel; and, (G) The proposal is consistent with other policies contained in Structure and Local Plan.

(C) THE PROPOSAL

The proposal is for an extension to the existing marina facilities and the creation of a timber export facility at Holy Loch Marina, Sandbank.

The Site

The application site covers approximately 14 hectares comprising onshore and offshore components of the marina extension and timber transfer facility. The site is bounded to the north by an area of mudflats, to the east by the Holy Loch and to the south by the existing marina. The existing facility, which is accessed from Rankin’s Brae, comprises 100 berths, an existing pier currently used for a number of commercial/recreational purposes including the export of timber and a boat yard. This yard includes a large boat storage building which incorporates offices and commercial uses associated with the marina. The site is bounded to the west by residential properties on either side of the A815 which forms the western boundary with the exception of several residential properties and the Oakbank Hotel which are immediately adjacent to the site. The majority of the site comprises a gently sloping shingle beach with the high water mark delineated by a high seawall. The seawall is lowest along a section which runs behind the residential properties from Clyde Cottages to Miller Cottage including the Oakbank Hotel. These properties are all immediately adjacent to the western boundary of the development site where there is evidence that their gardens are prone to flooding, particularly at high tides. Parts of the seawall at this location have been damaged by wave action and, additionally at a point halfway along the proposed area of infill, the Council recently had to carry out emergency repairs to the seawall to bolster the A815, where large surface cracks were appearing due to the stability of the sea wall and as a result of increased heavy traffic on this main route into Sandbank and Dunoon. The site is currently at sea level and a large area of foreshore is exposed at low tide.

The Proposal

The proposed development can be broken into two distinct components, a timber transfer facility and expanded marina. While both components require infilling, the expansion of the existing marina is almost entirely on reclaimed land with the exception of improvements to an existing boat storage area into a formal car park. These components are further described below.

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(i) Timber Transfer Facility

The Timber Transfer Facility comprises : • a main pier platform of tubular steel frame construction with hard surfaced platform where cranes and timber storage facilities would be located; • a weighbridge and pier access platform located on tapered surfaced platform located between low water mark and new pier; • a causeway linking timber export facility to pier; • a pier services building or port facility building (single storey building of approximately 526m2 floorspace) which will provide garaging with service facilities for plant and equipment associated with the port together with office and toilet accommodation for the port; • a bark storage facility and lorry cleaning station located opposite pier services building and screened by landscaping; • staff car parking area (18 spaces) located in front of pier services building and screened by landscaping.

It should be noted that a large lorry park close to the main entrance to the timber transfer facility was deleted from the previously withdrawn scheme following concerns raised by occupants of adjacent residential properties. This area is now proposed as a landscaped area with planting which will help to screen the propose lorry cleaning and bark storage area.

The applicant’s agents comment that, “the existing timber transfer facility has proved successful but is limited by a number of factors including access issues and capacity in terms of storage and size of vessels using the pier. The proposals will provide a modern facility, specifically designed to meet the needs of transferring timber from road to ship and reducing lorry miles either out of Argyll or to existing sea ports. The proposals are also designed to meet the needs of forecast timber production for the ten year period 2006 to 2016 and beyond. Estimates for timber production in this period are likely to put the existing Sandbank facility beyond its current capacity. Without new infrastructure the potential for timber harvesting may not be realised or at worst will increase the tonnage and lorry miles on the road network. The proposals have support in the form of a guide award of around £3.8 million up to 50% of the costs, under the Freight Facilities Grant Scheme. The proposals would represent a significant investment in the local economy in association with the marina, which will create several new jobs and bring in additional revenue to the economy.”

(ii) Dredging and Deposition

Approximately 75,000m3 of seabed sediment is to be dredged to form two berth areas adjacent to the new timber transfer pier, which will be deposited onshore resulting in the extension of the existing area of reclaimed land at Robertson’s Yard in an easterly direction. A further 150,000m3 of seabed sediment is to be excavated and deposited on the existing foreshore to be formed into a new landscaped area where car parking spaces and other buildings will be located. The excavation and deposition of sediment will be conducted in six successive phases, following dredging activity at the timber transfer site. Each phase will involve approximately 25,000m3 of material which will take around 3-4 months, based on a 10-12 hour day, Monday to Friday and depending on tides. The dredged material is expected to take 12-18 months to dry sufficiently before any construction and landscaping can take place. As was required for Phases 1 and 2, an assessment of contamination will be undertaken prior to any dredging works.

(iii) Marina

The proposed marina will cover an area of approximately 10 hectares (including offshore portion) and work will commence upon this aspect on completion of the timber transfer pier. The new marina site (approximately 3.2 ha) will be created by the infilling of the existing area of foreshore between the proposed timber transfer facility at Robertson’s Yard at the north end of the site and the existing marina facilities at the southern end. The height of this area of infilled land will be levelled at 5.0 metres AOD and 5.2 metres AOD for the promenade. In terms of offshore infrastructure, the proposal will include the formation of a floating breakwater attached to the existing pier in the south of the site comprising twelve linked concrete pontoons (each 20m x 3m x 1m deep). The breakwater will extend 240metres in a north westerly direction. The marina berths will be created using a system of floating pontoons, secured to the new foreshore at three separate points and extend some 60-100 metres into the Holy Loch. Each phase of the marina construction will add 50 new berths resulting in 300 berths in total for use by a mixture of short-term visitors and longer term permit holders. The berths would be accessed via one of two pontoon access stations which would be located at the edge of the newly created foreshore. These stations (75m2 footprint) will include toilet and showering facilities which

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(iv) Buildings and Plant

The central and main focus of the reclaimed site will be a two-storey building (with a total combined floorspace of 772m2) incorporating a restaurant/bar, a shop, office space, meeting room and toilets. The building will have similar materials to the pontoon access stations with grey and green metallic cladding and roofing but with timber and stone finishing and large areas of glazing to maximise views of the loch.

In the Buildings Design Statement the agent comments that, “the restaurant building is essentially a public building serving food and drink to the public. Office accommodation is proposed at the upper floor level for marina administration. The restaurant is positioned centrally in the site, close to the water’s edge to give dramatic views over the marina through a largely glazed elevation.

The proposal also includes the erection of two blocks of single storey retail units (Retail Block 1 Units 1-5 with a total new floorspace of 551m2 and Retail Block 2 Units 6-12 with a total new floorspace of 539m2) Block 1 which will be located to the south of the restaurant building includes five units including public toilets with showers and harbour master’s office. Block 2 which will be located to the north of the restaurant building will include seven individual units. Appropriate car parking for these uses is located adjacent. The applicants have confirmed that the retail units will be utilised for uses associated with the marina activities.

In the Buildings Design Statement the agent comments that, “the retail units are small flexible buildings arranged to provide a variety of sizes for different marina-related businesses.”

(v) Traffic and Access

Two new vehicular access points will be created. The northern access will be located at the former Robertson’s Yard opposite the residential development currently under construction at McKinley’s Quay. This would serve the timber export facility only with the majority of timber lorries expected to arrive from the north. Road widening will allow an exit lane to be created which will help to minimise noise disturbance to neighbouring residential properties at this point. A second access is located approximately 70 metres west of Miller Cottage which would be the main entrance to the new marina site. This access would feed into the site where car parking bays for berths and retail outlets and commercial uses would be located. An existing footpath would be extended along the north side of the A815 where a new bus stop would be located. There are a series of landscape footpaths within the site to aid pedestrian permeability. A Transport Assessment has been submitted in support of the proposal.

(vi) Drainage

Development of the entire site will involve a Sustainable Urban Drainage System (SuDS), which is the subject of ongoing discussions with SEPA and Transportation and Infrastructure Group. Surface drainage from the onshore areas will drain via a system of infiltration pits and sediment traps and an oil interceptor to the loch.

(vii) Construction Programme and Phasing

The applicant’s agents have confirmed that the phasing of the development will be as follows:

Phase 1 2006 Formation of tidal dam and infill works; Phase 2 2007 to 2008 Construction of timber export pier; Phase 3 2006 to 2012* Phases 4, 5, 6 – 50 moorings to be added each phase where each phase would last two years. * Initial phases (i to iii) have already been developed within existing marina facility; Phase 4 2008 first phase of retail units (Block 1) to be constructed including infrastructure and esplanade (southern portion); Phase 5 2011 restaurant building to be constructed; Phase 6 2012 second phase of retail units (Block 2) to be constructed including infrastructure and final completion of esplanade (northern portion).

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(viii) Construction Staff and Operating Hours

The applicant’s agent has confirmed that it is anticipated that a development of this scale will create 13 new permanent jobs and 4 part-time jobs. Where practicable, employment for the construction phases will be drawn locally. The maximum number of construction employees for a scheme of this scale could be around 50-60 assuming day shifts only.

(ix) Consideration of Alternatives

In terms of alternatives the current scheme is a result of the success of initial phases and a review in respect of the inclusion of the timber transfer facility. Leaving the timber facility within the existing marina would result in a significant impact on residential amenity as well as conflicting uses within the site. As a result, the relocation of the timber export facility to the north end of the site at the former Robertson’s Yard and away from Rankin’s Brae and the junction with the A815 as well as affecting more residential properties, is considered to be a better alternative.

(D) ASSESSMENT AGAINST POLICY CONSIDERATIONS

While there are no specific policies in the adopted Cowal Local Plan or emerging Argyll and Bute Modified Finalised Draft Local Plan which support the application site for the uses proposed, there are a number of policies at local and national level which offer general support for the development.

The existing marina has been expanding in recent years, and from the numbers of letters from businesses operating within the complex, there are clearly economic benefits to accrue directly from the proposal. Additionally, the expansion and improvements to the existing marina will help to underpin the tourist industry in the area and act as a catalyst for further investment. The proposal will also enhance the infrastructure of the surrounding area. It is therefore considered, subject to certain safeguards, that the proposal will not have an adverse environmental impact on the rural landscape of this part of Cowal and there are no adverse road safety implications. Accordingly, it is considered the proposal is consistent with Policy RUR 1

Timber Transfer Facility

Under Policy LP TRAN 8, while the existing Holy Loch Marina and proposed Timber Transfer Facility would be regarded as pier facilities rather than harbours, the proposed development would be complementary or ancillary to the various activities already taking place within the marina complex itself. The proposals would not compromise the efficient working of the marina area and would alleviate pressures within the existing pier area by relocating the timber transfer facility to the northern end of the site. The design, scale and siting of the new development would be located in and between an existing industrial/commercial/recreational area and an area of land previously zoned for industrial purposes in the Cowal Local Plan (POL IND6 and POL IND7) and zoned as a Potential Development Area PDA 2/50 (Sandbank – Hooper’s Yard) for mixed use Tourism / Marine in the Draft Local Plan. It is considered that in general policy terms, the proposed development would be compatible in its surroundings given the adopted and emerging zonings and established uses.

Expanded Marina, Tourism and Recreational Uses The expansion of the existing marina facility to create an additional 300 berths and associated tourist/leisure/recreation uses would accord with Policies POL TOUR 1, POL TOUR 7 and POL TOUR 8’ of the Cowal Local Plan.

Proposed Retail Buildings

The proposed total retail floorspace of the two blocks of units is just under 1000m2 which would be consistent with Policy LP RET3 (which applies to Sandbank as a small town/village) of the Argyll and Bute Modified Finalised Local Plan June 2006. However, given the nature of the associated uses that operate within the existing marina, it is anticipated that not all of these units would be exclusively for retail purposes where potential Class 4 uses could also be compatible. Conditions are however recommended in respect of sub- dividing the units to create larger retail units which could have a detrimental impact on the vitality of existing shops. A further condition is recommended in respect of the type of outlets and goods to be sold which should be closely associated or ancillary in nature to the activities within the marina.

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Other Issues

Contaminated Land Public Protection note that the area where dredging of the sea-bed is proposed for infilling purposes has a known history of contamination. The EIA indicates that the dredging works will be conducted in a similar manner to Phase I and Phase II concerning sampling and assessment. This is acceptable but a detailed report will require to be submitted concerning the protocol ensuring that it has been revised in accordance with current guidelines.

Environmental Impact - Landscape and Visual

The site lies on a visible shoreline of the eastern side of the Cowal Peninsula, north of Dunoon and adjacent to the Loch Lomond & The Trossachs National Park. The landscape character of the surrounding area comprises primarily linear low-rise residential/commercial properties along the southern shore of the Holy Loch, set against a backdrop of high ridges of natural and plantation woodland. The landscape character is typical of the wider landscape of the Clyde Coast and ‘gateway’ to Argyll Forest Park. The site itself lies within an existing built up area, partly comprising a derelict and neglected area of shoreline. This shoreline is backed by a high stone seawall with a former industrial site (Robertson’s Yard) to the north of the site where there was a historical use for shipbuilding purposes closely linked to Sandbank.

The main impact of the development will be the infill of part of the foreshore resulting in urbanisation of the area, extending the marina further out into the Holy Loch, additional car parking on the site and lighting sources. However visual impacts will be greatest on immediately adjacent or surrounding properties but unlikely to have a significant detrimental visual impact on key receptors within the National Park, some 700 metres away from the site. From these key vantage points, it is considered that the landscape is recognised to be of sufficient scale to absorb the development where in many instances views will be blocked by woodland and other physical intrusions. The greatest impact on the National Park is likely to arise from lighting sources from the site (Refer to lighting below).

In landscape terms, the proposed development would have an immediate visual impact on adjacent buildings where the existing open foreshore area would be lost. However, in terms of wider views, the low- lying nature of the site together with appropriate landscaping/screening, design of buildings, and lighting should be capable of integrating into the surrounding landscape, and given the existing marina operation and derelict condition of Robertson’s Yard, would not be significant. While the expanded site would be visible from a number of wider locations, it would not be conspicuous as it would be backed by existing buildings and uses along the linear settlement of Sandbank. The pier and causeway are likely to be visible from a number of vantage points but the removal of this operation from one side of the marina to another should negate any visual impact.

Design of Buildings

In the Environmental Statement and Buildings Design Statement the agents consider that the proposed buildings on the site will be appropriate in terms of their function and design. The buildings are designed using roughcast walls with natural stone feature points at the restaurant. Roofs are generally sloping and metal-clad to reflect the modern shapes and materials of the yachts in the marina where features such as masts and tension wires will echo these nautical shapes.

While the department has no objection to the location and function of these buildings, their prominent location warrants an enhanced design by the careful use of materials to avoid ‘industrial looking’ buildings. While the external wall materials are considered to be acceptable, samples require to be submitted for the written approval. In terms of roofing materials, the department consider that the use of a metal clad roof on the restaurant building could be improved by the use of slates/tiles. The agent has confirmed that the standing seam metal clad roofing system is of a high quality but all roofing materials will be subject to a condition requiring samples to be submitted for approval.

Traffic and Access

While the Area Roads Manager has no objections to the scheme, a number of safeguarding conditions and advisory notes are recommended. These have been incorporated into recommended conditions and advisory notes. Many of the requirements sought by the Area Roads Manager will be addressed in a Roads Construction Consent.

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Construction The applicants have indicated in the ES that they will submit a Construction Environmental Management Plan which shall address all issues associated with the infilling and construction of the site and buildings. This aspect is covered by a recommended condition where vehicle washing and noise aspects are also included.

Noise Public Protection note that, during the construction phase, noise will arise from building works. The applicant should be encouraged to liaise with Public Protection in order to discuss the minimisation of noise emissions throughout the construction phase.

The operation of the marina and the timber transfer facility will introduce a number of new noise sources. Plant and equipment, vehicle movements and personnel have the potential to give rise to annoyance at the nearest receptors, particularly where background noise levels are generally low. It is noted that the applicant has considered noise issues from the timber transport facility in the Environmental Impact Assessment and offered various mitigation measures to meet the requirements of BS 4142:1997, it is anticipated that these would form the basis of a Noise and Operational Management Plan requested in the conditions listed.

Air Quality Public Protection notes that dust may be generated during the construction of the marina development. A dust management plan should be submitted by the applicant, prior to the commencement of works. It is anticipated that there may be dust and particulates arising from the handling of the logs at the logging terminal. The dust management plan should include this operation.

Odour Public Protection notes that no problems are anticipated concerning odour nuisance.

Bad Neighbour Development Public Protection comment that the application has been considered, in terms of the above, regarding the potential for ‘bad neighbour development’.

Boundary Treatment While Scottish Natural Heritage has not objected to the proposed development, further information is requested in respect of the design and alignment of all security fencing. Insufficient details have been submitted at this stage and a specific condition is recommended regarding all boundary treatments including security fencing, natural hedging and promenade fencing.

Lighting Public Protection note that the EIA (Issue 2 May 05) and Addendum A (April 2006) refer briefly to lighting columns as an element of the proposal which will impact on visual receptors and that they will be “lit during operational hours of darkness”. There is no reference to temporary site lighting for the period of construction. As there are no legislative provisions to deal with problem lighting, it is recommended that conditions be attached to any planning consent granted, in order to protect the amenity of the area both during and after construction. Scottish Natural Heritage also request further information in respect of a detailed lighting plan that demonstrates that low-intensity lighting can be used wherever possible. Similarly Loch Lomond & The Trossachs National Park Authority do not object to the proposed development but comment that the greatest impact from the development on surrounding properties including the National Park is likely to arise from reflective light from cars parked and light pollution from other sources. Whilst the development is sited at a distance from the National Park but closer to properties along Shore Road, the glow from mast lighting, light reflected on car windscreens, light from vehicles and light from buildings on site may all give rise to unacceptable light pollution and light spillage outwith the site into existing rural and semi- rural areas. For this reason, conditions are recommended in respect of mitigating effects of lighting by uses of suitable landscape screening and use of low-intensity lighting and sympathetic design and location of lighting sources.

Drainage Detailed ongoing discussions have taken place between the applicant’s consulting engineers, SEPA, the Councils Flood Group and Roads and Amenity Services regarding levels across the site and potential flood risk. The applicant’ agents have finally confirmed that the floor levels of all buildings on site will be 150mm above surrounding ground levels. Both Transportation and Infrastructure and SEPA are agreeable to the freeboard level but request final confirmation on the revised development levels and freeboard in respect of

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the potential for ponding to take place. The SuDS scheme, which has been designed to take account of the 1:200 flood event following discussion with the Flood Group and SEPA, should also be clarified in respect of overtopping and surface water run-off. On the issue of flood risk and foul drainage, SEPA note that the uncertainty in estimating the design water level has been recognised and that it is now proposed to raise the promenade level to 5.2 metres AOD to give a 0.7 metre freeboard to the estimated design water level.

In terms of the discharge of foul effluent from boats using the pontoons, the applicant proposes to erect signage stating that under no circumstances must effluent be discharged into the water by any craft moored at the pontoons. SEPA welcomes this approach and requests that this aspect be covered by a condition.

Impact on Adjacent Properties While properties along the majority of the A815 will lose immediate views, longer views of the Holy Loch and surrounding areas will not be significantly affected. The careful modelling and landscaping of the site and enhanced design for the buildings should ensure that this development improves the overall environment notwithstanding improvements to existing infrastructure and public access to the foreshore and marina. It is however the properties between Clyde Cottages and Miller Cottages that will experience the greatest visual change. The existing foreshore which abuts the rear of the properties will be infilled and repositioned some 80-100 metres away. The revised levels of the infilled site mean that the raised site will be higher than the rear gardens of these properties with berth and retail parking located nearby. The department have identified this are as a key issue which has yet to be resolved in detail. It is suggested that this are could be sloped into a hollow where dense landscaping would create an effective low barrier between these properties and the car parking areas. The car parking areas will also need to be suitably screened with modelling and landscaping techniques to ensure that an acceptable environment will be created. It has also been suggested in earlier discussions with the applicant and his agent that these properties might benefit from dedicated rear accesses which they do not have at present with all access off the A815 or not at all. A compromise solution may be to take an access from the internal site road and provide these properties with rear access/servicing. This could be dealt with at a later stage as an amendment to the currently submitted scheme.

Landscaping and Car Parking Amongst the many letters of objection is a common fear that the proposed area of infill will give the appearance of a retail park with the number of car parking spaces proposed and poor quality landscaping proposed. The nature and location of the application site will require enhanced landscaping in the form of modelling and contouring to contain the car parking areas and buildings and other structures within the site. A ‘parkland’ approach would not be in keeping with the surrounding area which is semi-rural in nature. The choice of landscaping materials, trees and shrubs should reflect the coastal rural location. A specific suspensive condition is recommended regarding an enhanced landscaping scheme for the entire site.

Ecology and Habitat Scottish Natural Heritage has not objected to the proposed development but recommends that a repeat survey for otters be carried out at least three months prior to any work commencing on site to establish otter presence on site. Additionally, it is recommended that, if ringed plover and/or oystercatcher commence breeding on the site work above the Mean High Water Spring Mark, work should be delayed until after the breeding bird season (March to July).

(E) CONCLUSION

This application has attracted much attention in its scale, complexity and impact on the environment of Sandbank and the Holy Loch. The Holy Loch Marina has operated successfully for a number of years through gradual expansion and provides a significant number of jobs and facilities for boat users and associated uses. While the proposals may appear grand in a local context, the existing infrastructure and general environment could benefit from significant improvements. The implications for an enlarged marina and port facility will have further reaching benefits than just locally. Undoubtedly, in a scheme of such scale and given the proximity of several residential properties, not everyone will regard the scheme as a welcome neighbour. In cases such as this, significant weight must be given to the Council’s own aspirations through its policies to broaden the tourist base for the Dunoon area and attract more visitors to the area which in turn will boost the local economy.

Having due regard to the Development Plan and all other material considerations and on the basis of the above, the proposal is considered to be acceptable.

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(E) REQUIREMENT FOR A HEARING

Although the development broadly accords with the development plan, it is recommended that, because of the large number of letters of representation received and local feeling towards the scheme, the complexity of the proposal, its potential impacts on the foreshore and settlement of Sandbank weighed against the importance of the improved facility to the Sandbank/Dunoon area, a discretionary hearing should be held before the application is determined.

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This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Argyll and Bute Council, licence number 100023368, 2004. Page 64

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DEVELOPMENT SERVICES Local Member - Councillor J. McQueen PLANNING APPLICATION REPORT Date of Validity - 11th August 2006 Bute and Cowal Area Committee Date - 3rd October 2006

20 September 2006

Reference Number: 06/01726/COU Applicants Name: Fynelife Ltd. Application Type: Detailed Application Description: f Use of flat as a multiple occupancy for a maximum of 10 persons Location: Upper Floor, Bedford House, Alexandra Parade, Dunoon, Argyll

(A ) THE APPLICATION

Development Requiring Express Planning Permission. • Use of flat as a multiple occupancy for a maximum of 10 persons • Formation of three off-street car parking spaces

Other Specified Operations • Internal conversion only with no external alterations proposed (retrospective).

(B ) RECOMMENDATION

It is recommended that planning permission be granted subject to the conditions and reasons together with ‘notes to the applicant’ set out overleaf.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

Members will recall that a previous similar proposal was refused at the Bute and Cowal Area Committee of 4th July 2006 on the basis that, “The proposed development is sited in an area typified by a range of mixed uses, but with residential property to the north immediately adjacent to the development site. Multiple occupancy of any resulting development is likely to give rise to anti-social behaviour, most particularly noise pollution, which would adversely affect properties immediately adjacent and in the general locality. On this basis, it would have an adverse effect on the amenity of adjacent property and land, and would therefore be contrary to POL COM 5: Bad Neighbour Development of the Cowal Local Plan and Policy LP BAD 1: Bad Neighbour Development of the Argyll and Bute Finalised Draft Local Plan (May 2005).”

The main difference between the current scheme and the original proposal is that the premises will be operated and managed by the Council’s Homeless Section with an indication that no more than 5 tenants would be accommodated. The applicant has approached neighbouring properties and has offered supporting information which is detailed in the report indicating that the premises have been converted to a very high standard and that the premises will operate under the strict controls of the HMO Licence.

The determining issue is whether the conversion of a large upper floor flat to a flat in multiple occupation would have a serious impact on the privacy and amenity of nearby residential properties. The application premises are located at the edge of Dunoon Town Centre in an area typified by a range of mixed uses. Immediately adjacent to the application premises is a garage and car showroom with other commercial premises and yard spaces adjacent.

While the premises (5 bedrooms) would have capacity for a maximum of 10 people (based on 2 per room), it is more likely that residents would not exceed 5. The use of the premises would also require an HMO Licence which would help to safeguard the amenity of surrounding properties.

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Notwithstanding the decision on the previous application, it is considered that, with the further information submitted in relation to the intended management and likely occupancy of the premises, it would be difficult to sustain that the proposed use would be significantly detrimental to the amenities of nearby properties. However, to enable the impact of the use to be fully assessed, a temporary permission, comparable to the HMO licence period, may be appropriate.

Angus J Gilmour Head of Planning Services

Case Officer: B. Close 01369-70-8604 Area Team Leader: D. Eaglesham 01369-70-8608

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 06/01726/COU

1. The use hereby permitted shall cease on or before 31 December 2009.

Reason: In order to enable the Planning Authority the opportunity to assess the likely effect of the use on the surrounding area.

2. The development hereby permitted shall be constructed in accordance with the approved plans titled 051004 02 received 11 August 2006 and 051004 PARK/02 Rev A received 11 August 2006 unless the prior written consent for variation is obtained from the Planning Authority.

Reason : To ensure that the development is undertaken in strict accordance with the approved plans.

3. A parking area for three vehicles shall be provided and delineated on the tarmac forecourt prior to the first occupation of the flat as a multiple occupancy as indicated on drawing number 051004 PARK/02 Rev A received 11th August 2006, and shall thereafter be retained in perpetuity for such a dedicated purpose, unless the prior consent for variation is obtained in writing from the Planning Authority.

Reason : In the interests of road safety and to provide adequate parking provision.

4. Access to and from the development shall be from a new vehicle crossing (constructed as per Fig. 10.16 of the Council’s Development Guidelines) situated to the southern end of the site. The new crossing shall be a minimum of 2.75 m in width. The visibility splays of 20 x 2 m shall be maintained with no walls, hedges or fences to be erected that are greater than 1.0 m above the road. The existing access where the kerbs have been lowered shall remain to assist with vehicular movements in the adjacent car park.

Reason : In the interests of road safety and to provide adequate parking provision.

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ADVISORY NOTES TO APPLICANT RELATIVE TO APPLICATION 06/01726/COU

(i) The applicant is advised to contact the Council’s Legal and Protective Services in respect of an HMO licence which will be required.

(ii) The Area Roads Manager has advised that the proposed works will require a Road Opening Permit (S56) for the construction of the new vehicle access and that a system of surface water drainage may be required to prevent water running onto the road. The applicant is advised to contact the Area Roads Manager (Mr.Paul Farrell, tel. 01369 708613) directly upon this matter.

(iii) The applicant/developer was advised by Scottish Water (for previous application ref. 06/00515/COU) that: • If the connection to the public sewer requires to be laid through land outwith the applicant’s ownership, then the applicant must provide evidence of formal approval from the affected landowner(s) through whose ground the connection to the public wastewater system must pass. This shall be done at the time of application;

• The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and water network at the appropriate time. It is important to note that the granting of planning consent does not necessarily guarantee a connection to Scottish Water’s assets.

• Planning & Development Services no longer deal with requests for location of services. Should the applicant require this information, they should contact Property Searches Department, Bullion House, Dundee, DD2 5BB;

• Scottish Water’s sewer network assets have adequate capacity to accommodate this development at the present time. However, I do advise that connection to the public sewer network system is dependent on the spare capacity at the time of application for a sewer connection;

• A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water support the principle of a sustainable urban drainage system (SUDS) and the developer should consider utilising this in the surface water drainage system. It is important to note that Scottish Water will not adopt surface water drainage systems that require the flows to be pumped;

• If the existing sewer connection is to be utilised, the developer will be required to verify that it conforms to the current Scottish Water specification and is adequate to serve the proposal. Any necessary repairs or upgrading of this sewer connection will be at the developer’s expense;

• The developer is advised to write to Planning & Development Services Department to discuss whether the existing water supply may need upgrading in view of the alterations proposed in this application.

• Scottish Water’s water network infrastructure is not affected by this proposal at this time, however, I do advise that a supply from the public water network is dependent on the spare capacity at the time of application for a water connection.

For the advisory notes above, the applicant/developer is advised to contact Scottish Water directly (Planning and Development Services, 419 Balmore Road, Glasgow G22 6NU, Tel. 0845 601 8855 or at www.scottishwater.co.uk ).

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APPENDIX RELATIVE TO 06/01726/COU

(A) OTHER MATERIAL CONSIDERATIONS

(i) Site History

The premises were formerly in use as a hairdressing salon on the ground floor with a flat above.

Permission to convert the former ground floor hairdressing salon into two self-contained flats was granted on 4 July 2006 (06/00486/COU). Work on this conversion is now well advanced.

At the same meeting, permission to use the upper floor flat as an HMO (ref. 06/00515/COU) was refused on the basis that, “The proposed development is sited in an area typified by a range of mixed uses, but with residential property to the north immediately adjacent to the development site. Multiple occupancy of any resulting development is likely to give rise to anti-social behaviour, most particularly noise pollution, which would adversely affect properties immediately adjacent and in the general locality. On this basis, it would have an adverse effect on the amenity of adjacent property and land, and would therefore be contrary to POL COM 5: Bad Neighbour Development of the Cowal Local Plan and Policy LP BAD 1: Bad Neighbour Development of the Argyll and Bute Finalised Draft Local Plan (May 2005).”

During the course of the current and previously refused application, work has continued on the internal conversion of the upper floor flat, which has now been completed.

(ii) Consultations

Area Roads Manager (response dated 31st August 2006): No objections subject to conditions regarding car parking, access and visibility splays. Public Protection (response dated 6th September 2006): No observations and no objections. Public Protection previously confirmed that the applicant had applied for an HMO Licence but this has been held in abeyance pending the granting of planning permission. Scottish Water (previous response dated 14th May 2006 for accompanying application ref. 06/00486/COU applies): No objections subject to advisory notes.

(iii) Publicity and Representations

Under Section 34 Bad Neighbour Advert (expiry date 15th September 2006), Potential Departure Advert (expiry date 22nd September 2006) and Article 9 neighbour notification procedures, one letter of objection has been received to date from Mr. Alexander Gordon, Ri-Cruin, Kilmartin, by Lochgilphead (letter dated 23rd August 2006) who wishes to object to the proposal and on behalf of the other two owners of Clyde Cottage, Catherine McLean and James Allan. They have intimated that a detailed letter will be submitted shortly from their planning consultant.

(iv) Applicant’s supporting Information

The applicants’ agent advises that

• The adjacent property Clyde Cottage is being run as a commercial holiday letting premises as opposed to a residential use.

• The applicant’s agent is not aware of any evidence to support the assumption that multiple- occupancy use is likely to give rise to anti-social behaviour.

• Positive discussions have taken place with the owner of Clyde Cottage.

• The property has been refurbished to a very high standard with all rooms having en-suite facilities and all exceed the Council’s minimum requirements in terms of space and facilities.

• The property will be managed by the Council’s Area Homeless Officer with regard to the HMO Licence, and who will monitor all allocations and occupancies.

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• other legislative measures i.e. HMO Licence etc are the correct means of monitoring behaviour

Additionally, the following letter (dated 14th September 2006) was received from the Council’s Area Homeless Officer regarding the Homeless Section’s planned involvement with the property “Due to recent legislative changes in homelessness and particularly the introduction of Scottish Statutory Instrument No 489 leading to The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004, Local Authorities are legally bound to provide alternatives to Bed and Breakfast pending the allocation of reasonable permanent accommodation for certain homeless households. In order to meet it’s legal obligations, this department has actively sought to secure privately owned flats/bed-sits to supplement the Council owned properties currently used as alternatives to B&B. To date, the department has secured and successfully manages 15 privately owned properties throughout Dunoon. The property at Bedford House is typical of the accommodation the Scottish Executive requires Local Authorities to utilise as temporary accommodation for homeless households. Hence, should the property receive the required consents from the Planning Department, the Homeless Section would be happy to enter into an agreement to rent the five bed-sits from Mr McArthur and manage these appropriately and according to tenancy agreements with myself as the named person responsible for such management on the HMO licence. I can also confirm that although the HMO licence would allow for up to 10 persons to occupy the upper floor, for management purposes, this department can guarantee no more than five applicants would be placed in the property at any one time.”

(B) POLICY OVERVIEW

Circular 4/2004: House in Multiple Occupation (HMO) provides guidance on the licensing scheme for HMOs and implications for planning.

The application premises are located within an area covered by POL COM 1: Existing Shopping Centres of the Cowal Local Plan 1993. Under POL COM 5: Bad Neighbour Development ‘the Council will oppose potential ‘bad neighbour’ developments when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land’

In the Argyll and Bute Modified Finalised Draft Local Plan June 2006, the application premises are outwith the main town centre area. Under Policy LP BAD 1: Bad Neighbour Development, such developments will only be permitted where there are no unacceptable adverse effects on the amenity of neighbouring residents.

For the reasons outlined in the assessment below, it is considered that the development does not constitute a ‘bad neighbour’ and is considered to be consistent with policy.

(C) ASSESSMENT

Site and Location The subject of this application is the upper floor of Bedford House, a two-storey detached building on Alexandra Parade. The applicants also own the lower floor premises which is being converted into two self-contained flats (ref. 06/00486/COU) and attached premises to the rear which currently comprise two residential flats. An enclosed backcourt area is located on the south side of the building facing the garage and serving all of the units within the building. The building is located between the County Garage, which is in use as a car showroom and garage and a residential property, Clyde Cottage to the north. Bedford House is bounded to the west by yard space and car parking areas for the County Garage with commercial properties on John Street to the north. Existing public car parking spaces (metered) are situated between the premises and Alexandra Parade and these are to continue to be used as public car parking spaces (but non-metered due to geometry). A wide tarmac forecourt is located immediately in front of the application premises and this will provide three dedicated car parking spaces. The Proposal The proposal involves the conversion of a five bedroom flat into a multiple occupancy flat (for a maximum of up to ten persons) comprising five large en-suite bedrooms with communal kitchen and additional w.c. No external alterations are proposed with alterations confined to internal conversion.

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Access to the converted upper flat would be via an existing entrance on the front elevation leading to an internal stairway. A private rear yard exists for amenity functions e.g. drying clothes and refuse storage. At the time of writing, works on the internal fit-out to the upper flat are nearing completion. Potential car parking for three vehicles is shown in front of Bedford House for the upper floor flat in multiple occupancy, which Roads consider acceptable. Proposed Operator The applicant’s agent has confirmed that the operator of the premises will be the Council’s Area Homeless Officer. The proposal will be to provide improved accommodation for homeless persons currently in bed and breakfast establishments. Houses in Multiple Occupation (HMO) Licence The use of the upper floor flat as an HMO requires an HMO Licence from the Council’s Legal and Protective Services as well as planning permission. The applicant had applied for such a licence but the need to obtain planning permission has delayed this process. In granting an HMO licence, the licensing authority has to satisfy itself that the applicant (and any manager of the HMO) is a fit and proper person to hold a licence and that the property is suitable for use as an HMO for the proposed number of people. In applying for a licence, consultation with Legal Services Licensing Section, Public Protection, Building Control, Housing Department, Fire Authority and the Police is required. Licences are usually granted subject to conditions which ensure that the HMO is properly managed and appropriate standards are maintained throughout the period of the licence. A licence may be granted for up to three years whereupon an application for renewal must be made. A licensing authority can suspend a licence if they think that the licence-holder is not fit to hold the licence or the licensing conditions have been breached. (Circular 4/2004 Houses in Multiple Occupation: Guidance on the Interface between Planning Control and Licensing). Assessment Given the scale and layout of the premises and the location of the building in relation to other surrounding land uses, it is considered that the use of the upper floor flat as a house in multiple occupation would be acceptable. The layout of the building means that the majority of the bedroom and kitchen windows face into the internal rear backcourt or across Alexandra Parade. With the exception of two bedroom windows (previously a kitchen) and a hall window which exist at present, the adjacent building at Clyde Cottage is effectively shielded from the majority of the upper floor flat. The premises are located in an area which is zoned for commercial purposes in the adopted Cowal Local Plan (but outwith the Main Town Centre in the emerging Argyll and Bute Modified Finalised Draft Local Plan) and as such is surrounded by a diverse range of land uses. Whilst the concerns of the objectors are understood, the fact that the upper floor flat was previously in use a large five-bedroom flat above a busy hairdressing salon in a mixed use area immediately adjacent to the junction of Alexandra Parade and John Street and in very close proximity to the County Garage, would suggest that this is not a wholly ‘residential’ area, where impacts on existing amenity already exist. In any event, the use of the upper floor as a house in multiple occupation requires an HMO licence from the Council’s Legal and Protective Services, where the future governing of the property can be effectively controlled in respect of the suitability of a property owner, his management of the premises and the physical condition and facilities of the accommodation. In land use terms, the use of the premises in this particular part of Dunoon Town Centre is considered to be acceptable where it would not adversely affect or detract from the privacy and amenity of adjoining residential properties beyond that which they currently experience.

Procedural Matters Where a Planning Authority propose to grant planning permission for a development which is in their ownership or in which they have an interest, the application should be notified to the Scottish Ministers where the proposed development does not accord with the adopted Local Plan or has been the subject of a “substantial” body of objections. Despite the potential lease of the premises to the Council, it is not considered that the application need be notified to the Scottish Ministers.

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This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Argyll and Bute Council, licence number 100023368, 2004. Page 74

This page is intentionally left blank Page 75 Agenda Item 4d

DEVELOPMENT SERVICES Local Member Councillor L Scoullar REPORT ON PLANNING APPEALS Bute and Cowal Area Committee

Committee Date – 3 October 2006

21 September 2006 APPEALS UPDATE

APPEAL DETERMINED

Reference Number: 05/01378/DET Applicants Name: Mr B Wyers & Ms M Whaley Application Type: Detailed Planning Application Application Description: Erection of dwellinghouse and formation of vehicular access Location: Land Opposite 18 Crichton Road, Rothesay

An appeal has been lodged against the Council’s decision to refuse this application. The appeal will be conducted by written representations.

This report is for the information of Members.

Angus J Gilmour Head of Planning and Building Standards

Case Officer: S. Gove 01369-70-8603 Area Team Leader D. Eaglesham 01369-70-8608

Page 76

This page is intentionally left blank Page 77 Argyll and Bute Council Agenda Item 4e Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

Application Types: ADV App.for Advertisement Consent, ART4 App. Required by ARTICLE 4 Dir, CLAWUApp. for Cert. of Law Use/Dev. (Existing), CLWP App. for Cert. of Law Use/Dev. (Proposed), COU App. for Change of Use Consent, CPD Council Permitted Dev Consultation, DET App. for Detailed Consent, FDP Forest Design Plan Consultation, FELLIC Felling Licence Consultation, GDCON Government Dept. Consultation, HAZCON App. for Hazardous Substances Consent, HYDRO Hydro Board Consultation, LIB Listed Building Consent, LIBECC App. for Consent for ecclesiastical building, MFF Marine Fish Farm Consultation, MIN App. for Mineral Consent, NID Not. of intent to develop app., NMA Not. for Non-Materail Amnt, OUT App. for Permission in Principal, PNAGRI Prior Not. Agriculture, PNDEM Prior Not. Demolition, PNELEC Prior Not. Electricity, PNFOR Prior Not. Forestry, PNGAS Prior Not. Gas Supplier, PREAPP Pre App. Enquiry, REM App. of Reserved Matters, TELNOT Telecoms Notification, TPO Tree Preservation Order, VARCON App. for Variation of Condition(s), WGS Woodland Grant Scheme Consultation

Decision Types PER Approved WDN Withdrawn NOO No Objections AAR Application Required CGR Certificate Granted OBR Objections Raised PDD Permitted Development PRE Permission Required NRR New App. Required

18 September 2006 Page 1 of 5 Page 78 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL

App No Applicant name, address and proposal Valid date Decision date Decision

06/01766/HYDRO Gavin Carswell 16/08/2006 05/09/2006 PER Overhead Line Diversion Portavadie Tighnabruaich Argyll And Bute

Diversion of 11Kv Overhead Line

06/01698/DET Peter And Dorothy McDonald 08/08/2006 04/09/2006 PER 6 Crichton Road Rothesay Isle Of Bute Argyll And Bute PA20 9JR

Installation of replacement windows

06/01670/NMA D M Rentals 27/07/2006 17/08/2006 PER Kilmartin Lodge 39 Pilot Street Dunoon Argyll And Bute PA23 8BY

Erection of two-storey flatted development, alterations to existing access and formation of car parking court (non- material amendment to planning permission 05/02106/DET incorporating alterations to position of building footprint and car parking court)

06/01655/LIB Mr And Mrs Patrick O'Sullivan 31/07/2006 04/09/2006 PER Flat Ground/2 42 And Ground Flat 43 Marine Road Port Bannatyne Isle Of Bute Argyll And Bute PA20 0LW

Internal alterations to amalgamate two ground floor flats into one flat

06/01631/DET Mr And Mrs William Wallace 02/08/2006 04/09/2006 PER 13 Mountstuart Road Rothesay Isle Of Bute Argyll And Bute PA20 9DY

Erection of conservatory at rear of house

06/01613/LIB Mr W C C Mackay 05/09/2006 WDN 8 Marine Place Rothesay Isle Of Bute Argyll And Bute PA20 0LF

Replacement UPVC windows (same style) Page 79 06/01611/DET Mr W C C Mackay 05/09/2006 WDN 8 Marine Place Rothesay Isle Of Bute Argyll And Bute PA20 0LF

Replacement UPVC windows (same style)

06/01583/ADV Clydesdale Bank 14/08/2006 04/09/2006 PER 17 High Street Rothesay Isle Of Bute Argyll And Bute PA20 9AS

Erection of fascia sign, projecting sign and ATM surround sign.

06/01582/ADV Clydesdale Bank 21/07/2006 28/08/2006 PER Clydesdale Bank 120 Argyll Street Dunoon Argyll And Bute PA23 7NB

Erection of three internally illuminated fascia signs and one projecting sign

06/01555/DET Hazel MacMaster 15/08/2006 04/09/2006 PER 25 Ladeside Place Rothesay Isle Of Bute Argyll And Bute PA20 0EZ

Installation of replacement windows

06/01523/COU Mr B Wyers And Ms M Whaley 12/07/2006 04/09/2006 PER 37 And 38 Mountstuart Road Rothesay Isle Of Bute Argyll And Bute PA20 9EB

Alterations and change of use of hotel to six flats including demolition of rear extension

06/01483/DET Mr W MacKinnon 21/07/2006 28/08/2006 PER Flat 1 St Johns Court 74 Victoria Road Dunoon Argyll And Bute PA23 7DB

Installation of replacement windows

06/01419/DET Mrs M Logan 29/06/2006 17/08/2006 PER Woodlee Cottage Ferry Lane Innellan Argyll And Bute PA23 7SR

Erection of extension with raised timber deck and the formation of detached domestic garage/store. Page 80 06/01378/REM Storie (Argyll) Ltd 26/06/2006 18/08/2006 PER Land To The North Of Ashbank Strachur Argyll And Bute

Formation of accesses, footpaths and drainage works in association with the erection of six dwellinghouses

06/01318/DET Gary Briggs 12/07/2006 11/09/2006 PER Flat 2/1 Daisybank Kilchattan Bay Isle Of Bute Argyll And Bute PA20 9NL

Alterations to existing flat including formation of dormer window on rear elevation

06/01198/DET Mr And Mrs Carmichael 02/08/2006 30/08/2006 PER 4 Crawford Lane Kirn Argyll And Bute PA23 8JP

Erection of a conservatory

06/01108/DET Mr And Mrs P Morley 23/05/2006 18/08/2006 PER Land West Of Ardeneden Tighnabruaich Argyll And Bute

Erection of a dwellinghouse & installation of septic tank and oil tank (amendment to planning permission 01/01344/DET incorporating the repositioning of building footprint and septic tank and alterations to the car parking and turning area)

06/01054/OUT Ms Catherine Montgomery 30/05/2006 18/08/2006 PER Land At Clachan Crofts Strachur Cairndow Argyll And Bute PA27 8DH

Erection of dwellinghouse

06/01045/DET Tulloch Homes 10/05/2006 11/09/2006 PER Land North West Of Dunrona Sandbank Argyll And Bute

Erection of two dwellinghouses at Plots 1 and 6 (amendment to permission 04/01929/DET incorporating revised layout and design)

06/01040/COU Mr John Davies 08/05/2006 18/08/2006 PER Steadings North West Of Ormidale House Glendaruel Argyll And Bute PA22 3AF

Alterations and change of use of steadings to form two Page 81 holiday letting units and alterations to wood store to form plunge pool

06/00971/DET J Turnbull 26/04/2006 18/08/2006 PER Strone House Cairndow Argyll And Bute PA26 8BQ

Erection of a dwellinghouse, formation of vehicular access and installation of septic tank

06/00839/DET Sir Charles MacLean 21/07/2006 07/09/2006 PER Land 500 Metres North East Of Colliechaol Strachur

Formation of forestry access (retrospective).

06/00763/COU Paul Harley And David Snowball 05/04/2006 24/08/2006 PER Craigmore Hotel 48-49 Crichton Road Rothesay Isle Of Bute Argyll And Bute PA20 9JT

Change of use of former hotel to form two semi-detached villas, incorporating the demolition of entrance porch and outhouse building (partially retrospective).

06/00091/DET J And F Bracey 13/03/2006 31/08/2006 PER Plot Of Ground Within Former Braemar Hotel Innellan Dunoon Argyll PA23 7SP

Demolition of public bar and erection of two storey dwellinghouse with attached double garage and formation of driveway access

06/00022/CLAWU J Turnbull 21/12/2005 18/08/2006 PER The Log Cabin Maymore Glendaruel Colintraive Argyll PA22 3AB

Use of land for the siting of a log cabin

05/02168/DET John Campbell 18/11/2005 05/09/2006 WDN Garden Ground North West Of Carbisdale Sandbank Dunoon Argyll

Erection of a dwelling house and alterations to vehicular access

05/01229/COU G True 29/08/2005 24/08/2006 PER Ascog Church Ascog Rothesay Isle Of Bute PA20 9EU

Alterations and change of use of church to dwellinghouse Page 82

This page is intentionally left blank Page 83 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 03/01628/ALT/A Alan W Beaton 03/08/2006 10/08/2006 04/09/2006 WARAPP

Flat 2 1 Havelock Terrace Rothesay Isle Of Bute

Amendment to Warrant to cover minor internal layout changes

04/00868/ALT/A Mr J Campbell 14/08/2006 16/08/2006 17/08/2006 WARAPP

Park Hotel 3 Glenmorag Avenue Dunoon Argyll PA23 7LG Amendment to approved plans (04/00868/ALT) - existing Velux windows to remain.

04/02120/ERD/A Mr And Mrs C MacRaild 30/06/2006 10/07/2006 17/08/2006 WARAPP

Land East Of Sheep Fank Leanach Farm Strathlachlan Strachur Argyll Amendment to warrant (04/02120/ERD) to relocate access ramp, and form additional wc room

04/02390/ERD/A Fyne Homes Ltd 05/09/2006 08/09/2006 08/09/2006 WARAPP

Former Montgomerys Garage Strachur Cairndow Argyll And Bute PA27 8DR Amendment to Warrant, to cover construction of a step to aid exit from plot 1.

05/00248/ERD/A Allander Property Dev Ltd 27/06/2006 23/08/2006 WARAPP

Site To North West Of Oorain Lodge Innellan Dunoon Argyll Amendment to warrant, to cover revised balcony design

05/00933/ALTER Mr Colin Stevenson 23/05/2005 26/05/2005 22/08/2006 WARAPP

Hillside Strachur Argyll PA27 8BY

Alterations to dwelling, to form additional bedroom and shower room within attic

05/01234/ALTER Mr And Mrs Gordon Slaven 22/07/2005 24/08/2005 08/09/2006 WARAPP

Upper Flat 35 Crichton Road Rothesay Isle Of Bute

Alterations to flat, to form opennings between; kitchen dining room and lounge

05/01237/CONV02/A Lorne Sinclair 24/07/2006 05/09/2006 08/09/2006 WARAPP

Southall Farm Colintraive Argyll PA22 3AU

Amendment to Warrant, to remove heaters from both storage areas.(Amendment to 05/01237/CONVO2/A)

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 1 of 4 Page 84 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/00114/ERECDW Capital Developments (GB) Ltd 27/01/2006 16/02/2006 04/09/2006 WARAPP

Land To The North Of Seal Lodge Ascog Rothesay Isle Of Bute Erection of dwellinghouse, septic tank, lpg tank and garage

06/00298/ALTER Mr Norman MacLeod 06/03/2006 27/03/2006 23/08/2006 WARAPP

First Floor 1 Bridge Street Rothesay Isle Of Bute Argyll And Bute PA20 0HS Alteration to flat on first floor above shop to form additional bedroom with en-suite facilities

06/00458/ALTER Mr And Mrs D Greenshields 05/04/2006 20/04/2006 08/09/2006 WARAPP

9 Bullwood Road Dunoon Argyll And Bute PA23 7QJ

Alterations to form attic bedroom, and opening between kitchen and dining room

06/00524/ALTEXT Mr And Mrs W McGuiness 18/04/2006 02/05/2006 03/09/2006 WARAPP

The Anchorage Ferry Lane Innellan Argyll And Bute PA23 7SR Alerations and extension to rear of existing house.

06/00634/ALTER D Smith 04/05/2006 24/05/2006 03/09/2006 WARAPP

3 Kilbride Avenue Dunoon Argyll And Bute PA23 7LH

Alteration of dwelling to form rooms within the attic

06/00797/EXTEND Mrs M Harris 05/06/2006 02/08/2006 08/09/2006 WARAPP

20 Park Road Dunoon Argyll And Bute PA23 8JJ

Erection of semi-glazed porch.

06/00830/ERECDW J And L Hood 05/06/2006 22/06/2006 28/08/2006 WARAPP

Land Adjacent To Cedar Lodge Farm Road Rashfield Argyll And Bute PA23 8QT Erection of proposed dwelling house, oil tank, unvented hwc and septic tank system.

06/00836/ALTER Mr David McKenzie 09/06/2006 12/07/2006 07/09/2006 WARAPP

Rosehaugh Blairmore Dunoon Argyll And Bute PA23 8TE Alterations to form ensuite bathroom, toilet, wine cellar and access to bedrooms

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 2 of 4 Page 85 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/00865/ALTER Mr And Mrs Jones 16/06/2006 27/07/2006 31/08/2006 WARAPP

The Old Manse Wyndham Road Innellan Argyll And Bute PA23 7SH Alterations to relocate kitchen, and form a raised lounge extension with patio

06/00903/ERECDW Portavadie Estates Ltd 26/06/2006 31/07/2006 03/09/2006 WARAPP

Tigh Na Mara Millhouse Argyll And Bute PA21 2DA

Demolition of existing dwelling, and erection of new dwelling

06/00913/ALTEXT Mr And Mrs Maclean 27/06/2006 31/07/2006 03/09/2006 WARAPP

Flat 3 113 John Street Dunoon Argyll And Bute PA23 7BN Extension to form new livingroom and improvements to bedrooms and bathroom

06/00979/CONV07 Mr Eric Hopkins 10/07/2006 27/07/2006 04/09/2006 WARAPP

Former Joiners Store Lizavale Terrace Shore Road Innellan Dunoon Argyll And Bute PA23 7TP Conversion of former shop to a flat

06/01027/ALTER Karen Walsh And Michael Cullen 21/07/2006 26/07/2006 22/08/2006 WARAPP

5 Carolina Lane Dunoon Argyll And Bute PA23 8BB

Alteration to dwelling, to relocate kitchen and bathroom, and form opening between lounge and dinning room 06/01030/ALTER Miss Kathleen Lucas 21/07/2006 26/07/2006 28/08/2006 WARAPP

Iona Glenacre Innellan Argyll And Bute PA23 7TL

Alteration to dwelling, to install insulated render.

06/01049/ALTER Mr And Mrs J Downie 25/07/2006 01/08/2006 03/09/2006 WARAPP

42 Hunter Street Kirn Argyll And Bute PA23 8DT

Alterations to form ensuite

06/01061/ALTER Mr And Mrs D Maclure 27/07/2006 22/08/2006 22/08/2006 WARAPP

Leac Na Sith Klilhaws Cottages Toward Argyll And Bute PA23 7UG Alterations to attic floor, to provide additional bathroom

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 3 of 4 Page 86 Argyll and Bute Council Development Services BUILDING STANDARDS DELEGATED DECISIONS SINCE LAST COMMITTEE

CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 06/01082/ALTER Mr Harry Hutton 02/08/2006 05/09/2006 08/09/2006 WARAPP

Eden Place Flat 1/1 179 High Street Rothesay Isle Of Bute Argyll And Bute PA20 9BS Alterations to flat to relocate kitchen and bedroom

06/01137/ALTER Mr And Mrs Fisher 11/08/2006 17/08/2006 04/09/2006 WARAPP

Innellan Farm South Campbell Road Innellan Argyll And Bute PA23 7SL Alterations to roof space to form bedroom and shower room

06/01154/ALTER Prof Robert J Pooley 15/08/2006 16/08/2006 17/08/2006 WARAPP

Lower Flat Beechwood Ferry Lane Innellan Argyll And Bute PA23 7SR Alteration to flat, to relocate kitchen

06/01167/EXTEND Mr N Kitchingman 18/08/2006 01/09/2006 07/09/2006 WARAPP

Auchendarroch 15 Kilbride Road Dunoon Argyll And Bute PA23 7LL Extension to dwelling, to form a new kitchen

06/01173/ALTER Margaret Hannon 21/08/2006 06/09/2006 08/09/2006 WARAPP

70 Montague Street Rothesay Isle Of Bute Argyll And Bute PA20 0HJ Alterations to public house, to increase number of ladies toilet cubicles

06/01182/CONV03 Mr Joseph Sloss 18/08/2006 23/08/2006 23/08/2006 WARAPP

Coorie Doon/Anvil Cottage Clachaig Argyll And Bute PA23 8RE Alterations of two cottages to form one; including relocation of kitchen and bathroom.

06/01211/ALTER Mr And Mrs G D Herbert 29/08/2006 07/09/2006 07/09/2006 WARAPP

Braehead 74 Ardenslate Road Kirn Dunoon Argyll And Bute PA23 8HX Alteration to dwelling, to form opening between lounge and dining room

06/01225/ALTER Mr George Bryson 31/08/2006 07/09/2006 07/09/2006 WARAPP

Upper Flat Balmoral 189 Marine Parade Hunters Quay Argyll And Bute PA23 8HJ Alterations to kitchen, to reposition entrance

WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building 14 September 2006 Page 4 of 4 Page 87 Agenda Item 6b

ARGYLL AND BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE OPERATIONAL SERVICES 3 OCTOBER 2006

DUNOON PIER REPAIRS

1. SUMMARY

The purpose of this report is to advise Members of the Area Committee of the progress made towards strengthening the vehicular accessway.

2. RECOMMENDATIONS

The Area Committee is asked to note the contents of the report.

3. BACKGROUND

3.1 The Council appointed consultant Arch Henderson LLP on 9 March 2006 to prepare a structural assessment report for the Dunoon vehicle access way. The structure was inspected on 2 May following the erection of the access scaffold. The report issued on the 16 May recommended a series of measures that would extend short term usage until the vehicular ferry access was transferred to the new ferry terminal.

3.2 Subsequent to the submission of the Consultant’s report there was a meeting of the Dunoon Pier Group held on the 20 May where it was resolved that Councillor Allan Macaskill would seek an urgent meeting with Scottish Executive officials and Tavish Scott MSP, to raise the issue of whether an alternative vessel could be provided by Caledonian MacBrayne that could use the new linkspan. This meeting has been scheduled for 26 October in Edinburgh.

3.3 In the intervening period our Consultant queried whether the survey should be extended to incorporate that element of the pier as it approaches the concrete ramp leading to the linkspan. It was not necessary to include this at the time of the original survey but the subsequent underwater survey highlighted significant deterioration and it was then considered prudent to address the entire length. Consequently, an additional survey was undertaken.

3.4 The Council has been advised that the design for the repairs is complete and the detailed drawings are in preparation with a view to submitting them for Listed Building Consent in mid- September. This process is expected to take between eight and twelve weeks. In parallel with this, the tender document is being prepared and will be issued to selected contractors by the end of September. Marine projects require a Food and Environment

1 Page 88

Protection Act (FEPA) Licence and our Consultant shall consult with the relevant bodies in order to determine whether the consent is required. It is anticipated that a potential start on site could be achieved for week commencing 27 November with completion by the end of January 2007.

3.5 Concern has been raised that the delay will place the structure at risk of damage from storms. This issue has been put to our Consultant and they have re-assured the Council that the critical period for bad weather and high tides is expected in late January through to March. It has therefore been stressed that the programme for these works is at least complied with if not accelerated.

3.6 Members are reminded that these works are primarily short term repairs that will extend the life of the structure until approximately 2010. Failure to implement these works could culminate in the closure of the accessway.

4. IMPLICATIONS

4.1 Policy - None 4.2 Financial – Work will be funded from the Revenue Programme 4.3 Personnel – None 4.4 Equal Opportunities – None 4.5 Legal – Works are necessary to ensure the safe passage of all traffic on the Gourock - Dunoon ferry service.

For further information please contact Martin Gorringe Assistant Operations Manager Manse Brae Lochgilphead tel 01546 604888

Stewart Turner Head of Roads & Amenity Services 14 September 2006.

2 Page 89 Agenda Item 6c

ARGYLL & BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE

DEVELOPMENT SERVICES / OPERATIONAL DATE: 3RD OCTOBER 2006 SERVICES

REGIONAL TRANSPORT PARTNERSHIPS – PROJECT DEVELOPMENT (UPDATE)

1. SUMMARY

The purpose of this report is to ask the Area Committee to review and update their strategic and local lists of public transport and infrastructure projects. These lists contain future projects that could be submitted as the Council’s bid for funding to the Regional Transport Partnerships.

This exercise will inform the next stage of the Local Transport Strategy (LTS) which is the development of an Action Plan.

2. RECOMMENDATION

Area Committee action: Development / Operational Services action: study the attached project lists (Appendix 1 & 2) and agree that the various projects still meet the transport needs of their area. update any details on the lists as the amend lists as per Area Committee Committee see fit, e.g. project title, instruction and include in subsequent paper project details. to the SPC for approval. note the details in paragraph 4 of this report and agree these suggestions. propose any new transport projects subject the new projects to either a local for their area. appraisal process (in line with the Local Transport Strategy), or propose the projects to the RTP where they will be subject to the RTP project appraisal process. agree that these strategic and local ensure that transport projects which are lists link with other Council strategies, instructed, are included on either the strategic e.g. Corporate Plan, Area Strategy, or local project lists. Local Plan, etc, and form the basis of any future spend on transport / infrastructure projects.

It is hoped that the amended lists will be discussed at the next meeting of the Roads and Transport Working Group on the 25th October 2006 as part of the ongoing development of the LTS. The Committee are therefore asked if they are able to provide their amended lists by Monday 23rd October in order to inform this discussion.

Page 1 of 3 Page 90

3. BACKGROUND

3.1 Last year (January 2005) the Area Committee was asked to identify two sets of schemes, local and strategic, which were then subject to a scoring process.

3.2 A Policy Development Group devised a number of factors which allowed the projects to be scored and weighted, e.g. economic benefit, strategic fit and cost. This allowed the projects to be prioritised.

3.3 The list of projects was subsequently approved at the Strategic Policy Committee (SPC) held on the 13th April 2005.

4. DETAIL

4.1 Since the SPC on the 13/04/05, the lists have been updated and a “Current Status” column added.

4.2 In carrying out this exercise it has become clear that some projects should be omitted or modified for one of the following reasons:

insufficient detail is included in the project details section; they have been duplicated in both the local and strategic lists; they are unlikely to be funded by the RTP; they are unable to be influenced by the Council.

4.3 The following suggestions are proposed:

Strategic list – those projects with regional significance

In order to avoid confusion with the Capital Programme, project ref. 21 – Rothesay Pier Upgrade is removed from the list as the project is now underway. In order to avoid confusion with the Capital Programme, project ref. 23 – Dunoon Pier Buildings is removed from the list as the project is now underway. Project ref. 41 - A844 Bute Upgrade is removed from the strategic list and transferred to the local list as it has no regional significance. Note that project ref. 45 – B836 widening and passing places is now complete and can now be removed from the list.

Local list – those projects with local significance

Project ref. 20 – Castlehill Street, Rothesay is removed from the list as the project is now underway. Note that project ref. 22 – Glen Morag car park to West Bay is now complete and can be removed from the list. Note that project ref. 44 – Glenbranter Road school footway is now complete and can be removed from the list. Project ref. 45 - Port Riddle Slip, Dunoon is removed from the list as it is unlikely to be funded by the RTP, having no transport significance. Note that project ref. 48 – Ardnadam footway provision is also included in the Capital Programme (£300k in future years).

Page 2 of 3 Page 91

4.4 It is proposed that this process of updating will become at least an annual occurrence.

For further information - please contact Nicola Debnam Transportation & Infrastructure 01546 604120

POLICY The schemes on the list meet the Council’s core strategic objectives. FINANCIAL It is anticipated that the projects will be partly or wholly funded by external partners. This will only be possible if funding for necessary scheme preparation is identified through the Council’s Capital Programme. PERSONNEL Staff time required to develop these schemes. EQUAL Schemes should help ensure that the Council does not OPPORTUNITIES discriminate between different groups of society. LEGAL It is likely that many schemes will require land to be purchased in order that they may be progressed.

Dave Duthie Head of Transportation and Infrastructure, 19th September 2006

Stewart Turner Head of Roads and Amenity Services, 19th September 2006

Page 3 of 3 Page 92

This page is intentionally left blank APPENDIX 1

Local projects as proposed by B&C Area Committee - to be promoted for possible take up by RTP's (Approved at SPC 13//04/05)

No. Public Transport Projects Project Details Cost SCORE Current Status Strathclyde Partnership for Transport

Hitrans

No. Infrastructure Projects Project Details Cost SCORE Current Status Strathclyde Partnership for Transport

Hitrans 48 Ardnadam footway provision Footway to ferry. 90,000 27 Land problem at present, 150m to complete. 20 Castlehill St, Rothesay Reconstruction of footway to improve safety and enhance amenity. 55,000 23 Work underway

22 Glen Morag car park to West Bay Provision of pedestrian crossing and additional pedestrian access ramps. 10,000 21 Scheme complete. 23 Innellan - Toward footway (Part) Provision of footway to form part of link between two communities. 50,000 19 Scheme part complete.

Provision of footway from Meadows to Toward primary Safer Route to Some work completed on the Toward Loop Road. About Page 93 33 Innellan - Toward footway (Part) School. 50,000 19 35% complete. 29 Pt Bannatyne, Ascog Provision of length of footway to give continuity. 8,000 17 Extent of scheme not yet determined. Provision of footway from A815 to Strachur Primary School Safer Route to 44 Glenbranter Road, school footway School. 33,000 17 Work complete. Dunoon has no adequate public boat slip, coastal protection needed to Scheme validity for Regional Transport Partnership funding is 45 Port Riddle Slip, Dunoon preserve. 15,000 11 questionable and unlikely. Page 94

This page is intentionally left blank APPENDIX 2

Future Strategic Schemes as Proposed by B&C Area Committee - to be promoted for possible take up by RTP's (Approved at SPC 13//04/05)

Timeframe - Estimated No Public Transport projects Category years Capital Cost Project Details Score Strathclyde Partnership for Transport

10 Fast Ferry Lower Clyde Glasgow Feasibility 1 - 3 £150k Ferry link between Cowal and Bute and conurbation. 28 Hitrans

Timeframe - Estimated No Infrastructure projects Category years Capital Cost Project Details Score

19 Variable Message Signs Roads 1 - 3 £350k Signs on each Principal route 38 Strathclyde Partnership for Transport Page 95

Hitrans

Renew infrastructure to accommodate new vessels on the route. (£8m represents new link span, passenger 21 Rothesay Pier upgrade Pier 1 - 3 £8mill access and boarding facilities.) 37

New waiting room, toilets and piermasters office related to the recent breakwater project. Design to proceed - may be influenced by outcome of 23 Dunoon Pier Buildings Pier 1 - 3 £500k Calmac tendering exercise. 36

31 Dunoon Pier/Waterfront Pier 3 - 5 £5mill Protection of pier 35 35 B836 widening & passing places Roads 1 - 3 £450k Increasing use by bus tour industry 26

36 Portavadie ferry road reconstruction Ferry 1 - 3 £300k Improved access to ferry. 24 41 A844 Bute upgrade Roads 1 - 8 £100k Road safety benefit. 14 40 A8003 Widening Roads 1 - 8 £250k Road safety - single track sections require widening. 12 46 Kilmun footway Footway 1 - 8 £250k Pedestrian safety. 12 APPENDIX 2

Current Status

Bid to SPfT in 2006/07 for feasibility study was unsuccessful.

Current Status Temporary variable message signs will be located at A83 Kilmory, A83 Ardgarten, and A85 Stronmilchan and a permanent sign at A85 Pennifur. Funding from Scottish Executive. Currently bidding to Hitrans for programmed provision on strategic routes - current bid (07/08) value =

£200k. Page 96

MV Bute already in service, second vessel due to take up service in December 2006. SPC approval gained to award contract, however funding is still to be confirmed from the Scottish Executive and hence the contract has not yet been awarded. Works are programmed to begin 23/10/06 for a period of 34 weeks (subject to timeous contract award.) Tenders returned exceeded expected cost. Facility Services now taking project forward and have gained SPC approval to move forward a partnering arrangement (based on the Dundee City Council model.) Preferred contractor hoped to be appointed early November 2006. Living Landmark application unsuccessful. Discussions are ongoing with Historic Scotland regarding options for strengthening of original pier. A wider study has recently been agreed by Area Committee for Dunoon National Park Gateway Plan. Work complete. Council section complete, private section being considered for upgrade by developer. No work undertaken No work undertaken. No work undertaken. Page 97 Agenda Item 7a

ARGYLL & BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE

CORPORATE SERVICES 3rd October 2006

BUTE AND COWAL AREA PLAN 2006 - 2008

1. SUMMARY

This report outlines the details of the Bute and Cowal Area Plan which has been developed as part of the revised Argyll and Bute Corporate Plan 2006 –2008.

2. RECOMMENDATIONS

2.1 That the Committee note the details of the developed Area Plan and adopt it as the working document and action plan for the Area for the period 2006-2008.

3. DETAILS

3.1 The Council agreed that within the four decentralised areas Area Strategies would be developed within the context of the Council’s Corporate Plan and reflecting on local needs and issues.

3.2 In November 2005 the Area Committee approved the Bute and Cowal Area Strategy 2004-2008. Since then Audit Scotland’s Review of Best Value and Community Planning identified that the Council’s Corporate Plan did not provide a clear focus to support service planning and drive continuous improvement in service delivery.

3.3 In May 2006, the Council approved the Best Value Improvement and Development Plan, which outlines the way forward to achieve clearer focus to support service planning and continuous improvement in service delivery. To undertake this, the Area Committee has been requested to review and update the Area Strategy in line with the Argyll and Bute Corporate Plan 2006-2008.

3.4 Having revised the Corporate Objectives and Area Strategy the revised Bute and Cowal Area Plan has been developed by Members and Area Managers.

Page 98

4. IMPLICATIONS

Policy: The Bute and Cowal Area Plan reflect the needs and aspirations of the Area within the context of the previously agreed Bute and Cowal Area Strategy.

Finance: The Bute and Cowal Area Plan will directly influence the Capital and Revenue budget submissions for the Bute and Cowal area and in the development of future budget strategies.

Personnel: Staff from all services have been involved in the production of the Area Plan and will be involved in the agreed outcome targets.

Equal Opportunities All plans referred to in the report will need to take account of equal opportunities both in terms of the Council’s role as an employer and a service provider

For further information contact

Shirley MacLeod, Area Corporate Service Manager, 01369 704374

Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Leading Council Strategic Area Priorities Delivery Rural Area Objectives

●Redevelopment of Dunoon Pier and Waterfront, ●Enhancement of the including the Queen’s Hall, as the Maritime ● To encourage a growing, Economic Viability of sustainable economy in Gateway for the Loch Lomond National Park Vibrant the Area ●Better Marketing of Bute and Cowal Assets Argyll and Bute ●Health and Communities • ●Encourage Good Infrastructure and Support for To encourage active, Wellbeing Support caring communities Indigenous Businesses Services for ●Community Safety and Wellbeing Vulnerable Families ●Integrated School and Community Support Page 99 Services for Vulnerable Families ●Promote Care in the Community Services • To protect and promote Outstanding Argyll and Bute ●Environmental Environment • To promote sustainable Improvements to the • Refurbishment of Ardencraig Gardens Area use of the environment • Environmental Improvements to the Area ●Transport Hubs and • Flood Protection/Coastal Protection Measures Interfaces • Ongoing Programme of Bridge Repairs and Replacement • Integrated Transport at Reduced Cost, and Viable Forward Transport Links • To create opportunities • Looking Community and lead the way Infrastructure • ● Regeneration of Rothesay Waterfront and Town To innovate in service Improvements delivery • Centre, Including the Pavilion Improved Encourage Good Infrastructure, Skilled Workforce Partnership and Pre/After School Care Working • Bute and Cowal Community Planning Pilot

- 1 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Vibrant Communities Target Service or Partnership Lead Member Title What this entails How this will be achieved date links Lead Officer Redevelopment Promotion of the new Pursue other providers Design Services Cllrs Chennell and of Dunoon Pier ferry terminal as the to use Dunoon as hub Development Walsh and Waterfront, main hub for Dunoon for ferry services Control Dept including the and Cowal Scottish Executive Queen’s Hall Ferry Operators Dave Duthie as the Maritime European funding Gateway for agencies

the Loch Public transport Page 100 Lomond National Park Pursue Scottish Executive to provide Bow/Stern loading Ro-ro ferry for Dunoon Gourock route

Development of Funding to be identified Roads & Amenity Cllrs Chennell and Existing Dunoon Pier from Piers and Services Manager Walsh and Buildings Harbours income to Development secure substructure Services improvements Planning Dept Neil Leckie Scottish Executive European Funding Agencies Private Developers

- 2 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Redevelopment Development of Building repairs Area Roads and Cllr Chennell of Dunoon Pier Existing Dunoon Pier scheduled March/April Amenity Services and Waterfront, and Buildings 2006 Manager including the Development Neil Leckie Queen’s Hall Services as the Maritime Planning Dept Gateway for Scottish Executive the Loch European Funding Lomond Agencies National Park Private Developers

Development opportunity to be sought for use of

buildings on protected Page 101 substructure Dunoon seafront Establish Dunoon 2007-08 AIE Cllr Chennell development Seafront Development Tourist Board incorporating the Group Local Kevin Williams Queen’s Hall Marketing/business Prepare bid for Groups consultation studies Prepare Development Proposals for Queens Hall

- 3 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Redevelopment Develop Dunoon as a Improved signage for National Park Cllr Chennell of Dunoon Pier Gateway and Service the National Park and Authority and Waterfront, Centre for Loch the Bute and Cowal AIE Kevin Williams including the Lomond National Park area, promoting in Queen’s Hall particular visitor as the Maritime attractions in and Gateway for around the Cowal area the Loch of the National Park Lomond Ensure linkages National Park between National Park websites and Bute and

Cowal related websites Page 102 Ensure information on Bute and Cowal is available in Lomond Shores and other information centres within the National Park

Pursue Additional Develop an Action Plan Resources to Properly with Forest Enterprise, Facilitate the Inclusion and Argyll, the Isles of Argyll Forest Park in LomondStirling and the the National Park Trossachs Loch Lomond Tourism Partnership to promote the Argyll Forest Park

- 4 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Redevelopment Pursue Additional In co-operation with Nationbal Park Cllr Chennell of Dunoon Pier Resources to Properly Forest Enterprise Authority and Waterfront, Facilitate the Inclusion develop and improve AIE Kevin Williams including the of Argyll Forest Park in access facilities to the Queen’s Hall the National Park Argyll Forest Park area as the Maritime of the National Park Gateway for the Loch Lomond National Park

Better Develop Tourism Establish partnership Marketing of Management Plan for with Cowal Marketing Bute and Bute and Cowal Group and Bute

Cowal Assets Beyond 2000 to Page 103 produce or enhance existing visitor websites Work with Partner agencies to develop or enhance marketing web sites

Encourage Seek development Operational Cllr Chennell development of large opportunities for new Services quality hotel hotel developments AIE George Harper and identify appropriate Visit Scotland private developers Private Developers Scottish Executive

- 5 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Encourage Explore with AIE and Support the provision of AIE Cllr Chennell Good the private sector the ground for Infrastructure provision of ground for industrial/commercial George Harper and Support for industrial/commercial use within the various Indigenous use communities Businesses throughout Bute and Cowal

Consider within Support change of use Structure Plan and from retail/business Development Control units to residential Policies the possibilities where units lie empty

of supporting change of and unused Page 104 use from empty and Investigate grants in unused retail/business order to give financial units to residential use assistance to businesses and/or retail outlets including grants for external improvements Consider within Encourage support for Structure Plan and small rural Development Control business/retail outlets Policies the possibilities of supporting change of use from empty and unused retail/business units to residential use

- 6 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Encourage Enhance working AIE Cllr Marshall Good relationship with Loch Infrastructure Lomond and Trossachs George Harper and Support for National Park to ensure Indigenous areas outwith the Park Businesses boundary benefit from the new status Support Business Investigate strategy to Associations or similar encourage residents to bodies with other shop locally in their Economic Development communities within Partners to undertake Bute and Cowal marketing initiative to encourage residents to

shop locally in their Page 105 communities Explore with AIE inward Explore with AIE the investment options and need for diversification opportunities within through inward Bute and Cowal investment

Actively pursue the relocation of Government and Scottish Executive posts to the Bute and Cowal area

- 7 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Encourage Explore with AIE inward Support investment to AIE Cllr Chennell Good investment options and regenerate Infrastructure opportunities within communities within George Harper and Support for Bute and Cowal Bute and Cowal Indigenous Businesses Community Reduce the number of Seek endorsement of Bute and Cowal Cllr Chennell Safety and Well road traffic accidents the DRIVESafe Community Safety Being and casualties in Bute campaign Forums and Cowal Local Newspapers Carl Olivarius Strathclyde Police Conduct a Safer Scotland campaign Page 106 incorporating enforcement where and when appropriate Strathclyde Police to undertake educational meetings with community organisations Local press to be invited to cover articles on the consequences of speeding, accidents and car crashes

- 8 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Community Support for Dunoon To encourage local Rothesay and Cllr Walsh Safety and Well and Rothesay CCTV financial support and Dunoon CCTV Being Schemes technical guidance to Schemes Charles Reppke both CCTV schemes Strathclyde Police Cowal and Bute Community Safety Forums Develop an effective Formation of Strathclyde Police Cllr Chennell policy and procedure to Community Safety sub Social Landlords deal with anti social groups Housing behaviour within Bute Operational Robert Cowper and Cowal Services Public Protection Integrated Joint primary and pre- Provision of a primary Cllr Walsh school and school campus for and pre-school Page 107 community Dunoon with Special campus for Dunoon Douglas Hendry support Needs Unit incorporating a special services for needs unit vulnerable families Prepare a needs Produce brief Cllr Walsh analysis for vulnerable groups Gordon Higgins

Engage appropriate research organisation

- 9 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Integrated Prepare a needs Carry out exercise Cllr Walsh school and analysis for vulnerable using a variety of community groups methods (postal support survey, door to door Gordon Higgins services for survey, focus groups) vulnerable Analyse information and produce report Present information Further develop Evaluate present John Duncan Cllr Walsh services for people with service provision in a learning disability in Cowal Elaine Docherty, Page 108 Bute and Cowal Resource Identify the number of Manager, Social service users likely to Work Services require this level of service

Integrated Further develop Identify and adapt John Duncan Cllr Walsh school and services for people with appropriate building to community a learning disability in be a “base” in keeping Elaine Docherty, support Cowal with “ The Same As Resource services for You” Manager, Social vulnerable Work Services

- 10 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Integrated Develop service John Duncan Cllr Walsh school and provision for people community with a learning disability Elaine Docherty, support Resource services for Manager, Social vulnerable Work Services Promote care Establish multi-agency Identify relevant staff in By early Health Health in the Child protection groups partner agencies 2005 Police Police community in Bute and Cowal Education Education services Community Community Establish groups in Education Education each area Review and monitor progress Page 109 Link to Area Child Protection Committee Establish Places of Safety urgently in both Bute and Cowal

- 11 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Outstanding Environment Service or Partnership Lead Member Title What this entails How this will be achieved Target date links Lead Officer Refurbishment of Provide fully accessible Undertake full repair of April 2007 Cllr Scoullar Ardencraig community facility and the nurseries and Gardens quality environment at greenhouses Craig Houston Ardencraig Gardens Environmental Undertake an audit to Prepare an area asset April 2007 Area Management Cllr Chennell Improvements to assess the condition of register, classifying Team the Area the Council’s assets in assets as buildings,

the area usable public ground or Estates Section Sandy Page 110 derelict property MacTaggart Produce Asset Action October Plan 2007

Draw up a programme December Area Management Cllr Chennell of planned 2006 Team maintenance/repair of Estates and Legal James Hamilton Council assets in the Dept Bute and Cowal area Prepare a Programme Inspect all assets EDTL Cllr Chennell of Environmental within Amenity AIE Improvements to the Services portfolio to Community Services Alan Lothian Area in line with the assess current Facility Services recommendations of the condition and Voluntary Groups Land Use Consultants improvement needs Private Sector Report

- 12 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Environmental Prepare a Programme Carry out an EDTL Cllr Chennell Improvements to of Environmental assessment of all AIE the Area Improvements to the recent Environment Community Services Alan Lothian Area in line with the Improvement Schemes Facility Services recommendations of the Voluntary Groups Land Use Consultants Undertake a Private Sector Report programme of repairs, refurbishment, replacement and new provision in amenity areas Adopt a strategy for Additional litterbins and Cllr Chennell improvement of public dog bins to be areas and gardens to provided throughout Alan Lothian achieve environmental the area Page 111 improvements to these areas Street sweeping, grounds maintenance etc reviewed where required Environmental clean ups to be carried out where the need is identified Programme of improvements, and gravestone lifting, within cemeteries

- 13 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Environmental Adopt a strategy for Footway and drainage Cllr Chennell Improvements to improvement of public improvements in Castle the Area areas and gardens to Gardens Alan Lothian achieve environmental improvements to these areas Development of Linking to the Council’s Cllr Walsh new/enhanced leisure Sport and Physical facilities Activity Strategy, Jim Anderson examine opportunities for new/enhanced leisure facilities,

Page 112 Development of Sport Scotland Cllr Walsh Dunoon Stadium and AIE the Meadows Donald MacVicar Rothesay as outdoor recreation sport and concert venue, skateboarding facilities and all weather sports facility

- 14 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Environmental Bute Heritage To create heritage Argyll and Bute Cllr Strong Improvements to Landscape Partnership routes that will enable Council the Area Scheme users to access the Buteshire Natural Darrell Wood rich heritage resources History Society (both natural and Mount Stuart Trust cultural) that are found Historic Scotland in abundance along the AILLST Tourist routes, and to enjoy an Board area of unsurpassed Scottish Natural Environmental natural beauty Heritage Improvements to Bute Marketing & the Area Tourism Ltd

Page 113 Upkeep of children’s Ensure that a CLANN Cllr Walsh play areas programme of regular AIE inspections is Sports Scotland Alan Lothian maintained throughout Community Trusts Principal the area Local Developers Horticultural Instigate a programme Services Officer of maintenance and improvement Seek funding for the programme Seek play area partnerships/funding opportunities

- 15 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Deal with planning Identify re-instatement October Statutory plans unit Cllr Walsh blight in the private proposals/requirements 2006 Area development sector by re-instatement of original planning control/building George Harper /redevelopment of approval control officers Ardyne Point Current landowner Appropriate January Private developers enforcement action 2007 Western Ferries Open negotiations with March current owner or 2007 potential developer

Flood Assess flood protection Design flood protection Design Services Cllr Walsh Protection/Coastal measures required schemes Scottish Executive Page 114 Protection AIE Craig Moir Measures Seek budget funding Forest Enterprise for flood protection Community Councils schemes and seas Private Developers walls Flood Protection and Maintain a data base Design Services Cllr Walsh Protection/Coastal improvement to areas on flood areas as an Scottish Executive Protection subject to coastal and essential tool on the AIE Craig Moir Measures flood damage, repairs to promotion of flood Forest Enterprise sea walls prevention schemes Community Councils Proactive measures at Private Developers known problem locations

- 16 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Create awareness of problem locations to deter abuse eg deposition of rubbish in watercourses Bid for additional funding to provide prevention measures

Ongoing Repairs to bridges Promotion of ongoing Design Services Cllr Marshall Programme of programme of bridge Bridge Repairs repairs and Legal/estates Arthur McCulloch and Replacement replacements services Page 115 Prioritise action dependant on needs of affected communities Integrated Improve the Footways Comply with all Cllr Chennell Transport at Network recommendations of Reduced Cost, the Code of Practice Alan Lothian and Viable for Maintenance Transport Links Management “Delivering Best Value in Highway Maintenance” & the Argyll and Bute Council’s Transportation Strategy “Access the Future”

- 17 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Improve Road Signage Comply with the BEAR(Scotland) Ltd Cllr Chennell Across the Area relevant parts of the Loch Lomond and Code of Practice for Trossaches National Scottish Maintenance Park Executive Management “Delivering Best Value Argyll, the Isles & in Highway the Trossachs Maintenance” & Argyll Tourist Board & Bute Council’s Transportation Strategy “ Access the Future” Integrated Improve Street Name Carry out a programme Cllr Chennell

Transport at Plates Across the Area of improvement and Page 116 Reduced Cost, replacement of street Alan Lothian and Viable signs within the Bite Transport Links and Cowal area( £11K spent on Cowal signage summer 05) Provision of a High Undertake Design Services Cllr Chennell Quality Road Network improvements to the road network with Alan Lothian appropriate signposting Upgrading of Unadopted Undertake Design Services Cllr Walsh Roads improvements to unadopted roads, with Private Developers Alan Lothian appropriate signposting Review Quality of Public Consultation with Cllr Walsh Bus Service Provision Public Transport Officer on all aspects of Public Transport public transport service Officer provision

- 18 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Revised Traffic Revise existing Cllr Chennell Management Schemes schemes where appropriate Alan Lothian Integrated Water Establish meetings with AIE Cllr Chennell and Transport System ferry operators Ferry Operators Walsh between Dunoon and Rothesay piers and George Harper Toward and Rothesay Seek strategic transport funding for projects Integrated Develop Air Transport Encourage air Helicopter service Cllr Chennell Transport at Links to/from Bute and transport provider provider Reduced Cost, Cowal Air ambulance George Harper and Viable services Page 117 Transport Links Prepare Feasibility AIE Study for Dalinlongart Undertake assessment of improvements required to Kingarth airstrip

Our values and ways of working

- 19 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Forward Looking Service or Partnership Lead Member Title What this entails How this will be achieved Target date links Lead Officer Regeneration Actively pursue Re instate the Policy Development Cllr Macintyre, of Rothesay upgrading and Development Group on Services Strong and Waterfront and restoration of the Rothesay Town Centre Operational Scoullar Town Centre, Pavilion, Rothesay and Waterfront Services including the Kevin Williams Draw up urgent Pavilion repairs/renovations

required at Rothesay Pavilion Page 118 Prepare budget submission Actively pursue capital receipt sales

Upgrading of Rothesay Link inner harbour Scottish Executive Cllrs Macintyre, Pier and installation of improvements to the AIE Strong and new linkspan and pier redevelopment Caledonian Scoullar development of the Prepare budget MacBrayne inner harbour estimate for inner D Duthie harbour and seek funding from Scottish Executive

- 20 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Encourage Support the Recruit and train Amenity services Cllr McKinven Good development of volunteers to take part Ardenslate, West Infrastructure, “social economy” in computer-recycling Milton and the Martin Turnbull Skilled organisations to carry schemes Glebe ADG Workforce and out recycling and Liase with existing DCCS Pre/After environmental projects organisations in HELP School Care carrying out a feasibility study on the potential for expanding furniture recycling Investigate other potential schemes( ie bike recycling) Development of Life Carry out needs Social Inclusion Page 119 Long Learning analysis exercise in Projects Opportunities Bute and Cowal Community Provide a programme Learning and of community based Development learning opportunities Bute Community Develop new models to Learning Plan deliver literacy and numeracy learning opportunities Pilot a Community Learning Forum

- 21 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Encourage Develop Dunoon Dialogue/discussion NHS Highland Cllr Walsh Good Hospital as an through Area Health Councils Infrastructure, Intermediate Care Community Planning Voluntary Sector John Duncan Skilled Hospital, retain and Pilot and other relevant Shirley MacLeod Workforce and develop local health Partnership groups (Community Pre/After services in Rothesay, Planning Co- School Care including the provision ordinator) of adequate ambulance servcies Bute and Develop Activities that Establish a Programme September Area Development Cllr Chennell Cowal build community of skills based 2004 Groups Community capacity and influence community onwards Social Inclusion Martin Turnbull

Planning Pilot activist/group training Partnerships Page 120 opportunities CVS and Bute Identify resources to Community Links support community Volunteer participation Development Agency Support the Colleges development of the Time Bank Model in Bute and Cowal Conduct a Produce brief comprehensive needs analysis exercise in the data zone areas Bute and Cowal Engage appropriate research organsation

- 22 - Argyll and Bute Area Plan for Bute and Cowal Leading Rural Area

Bute and Conduct a Carry out exercise Area Development Cllr Chennell Cowal comprehensive needs using a variety of Groups Community analysis exercise in the methods( postal Social Inclusion Martin Turnbull Planning Pilot data zone areas Bute survey, door to door, Partnerships and Cowal survey and focus CVS and Bute groups) Community Links Analyse information Volunteer and produce report Development Agency Present information Colleges

Analyse information and produce report Present information Page 121

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