Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid
Corporate Services Director: Nigel Stewart
22 Hill Street, Dunoon, Argyll, PA23 7AP Tel: 01369 704374 Fax: 01369 705948
26 September 2006
NOTICE OF MEETING
A meeting of the BUTE AND COWAL 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, Holy Loch 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 (SCOTLAND) 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 Kilmun 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, ISLE OF BUTE
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 Argyll and Bute 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: