Ross & Cromarty East Local Plan Inquiry
THE HIGHLAND COUNCIL
ROSS & CROMARTY EAST LOCAL PLAN INQUIRY
STATEMENT OF OBSERVATIONS by the DIRECTOR OF PLANNING and DEVELOPMENT
ISSUE 18: Allocation for Business/Light Industry or Housing at Gateside, Munlochy
1. Introduction
1.1 The Highland Council (THC) has undertaken to hold a Public Local Inquiry to consider objections lodged by Martin F Mackay, TSH Burns & Ptrs., on behalf of the Mackay Family [CD30/36], Knockbain Community Council [CD30/123] and Mr & Mrs J Carruthers [CD30/193] in respect of the allocation at Gateside, Munlochy for Business/Light Industry or Housing, as referred to in Chapter 6: Landward at paragraph 50 of the Deposit Draft of the above Local Plan. All parties wish to appear at the Inquiry.
1.2 Objections sustained on the basis of the original submissions to the Deposit Draft Local Plan: DJ Galloway [CD30/55]; PE Smith [CD30/75]; June Bevan Baker [CD30/115]; Peter Tilbrook [CD30/130]; Fran Tilbrook [CD30/131]; Michael Paul [CD30/161]; Lois MacDonell [CD30/195]; Hamish Gatt [CD30/201]; and Jenye Monckton [CD30/225]. See the 25 January 2005 Area Planning Committee report on Objections and Representations on the Deposit Draft Local Plan [CD27].
1.3 Objections conditionally withdrawn on the basis of the proposed Modifications: RSPB Scotland [CD30/162]; Killearnan Community Council [CD30/169]; SEPA [CD30/170]; and Scottish Natural Heritage [CD30/197].
1.4 Objections either sustained on the basis of the original submissions lodged in respect of the Deposit Draft Local Plan or not withdrawn: TM & Alex P Ross [CD30/64]; Philip Hamilton-Grierson [CD30/72]; Simon Spence [CD30/94]; CB MacDonald [CD30/149]; Elizabeth Marshall [CD30/152]; JV Cornwell [CD30/172]; Cromarty Arts Trust [CD30/185]; Carol S Fenelon [CD30/200]; Carola & Keith Martin-Smith [CD30/205]; and the Rev. Richard Burkitt [CD30/209]. See the 25 January 2005 Area Planning Committee report on Objections and Representations on the Deposit Draft Local Plan [CD27].
1.5 THC will call Alan Ogilvie, Principal Planner as planning witness.
1.6 THC wishes to submit the following productions: -
[CD1] The Highland Structure Plan: Approved Plan: The Highland Council: March 2001 [CD2] Black Isle Local Plan: Adopted Plan: Highland Regional Council: September
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1985 [CD5] Black Isle Local Plan: Alteration No.2: Housing: Highland Regional Council: September 1996 [CD7] Black Isle Local Plan: Alteration No.2: Housing: Public Inquiry Report into Objections: Scottish Office Inquiry Reporters: March 1994 [CD8] Ross & Cromarty East Local Plan: Consultative Draft: The Highland Council: June 2002 [CD9] Ross & Cromarty East Local Plan: Deposit Draft: The Highland Council: October 2003 [CD10] Ross & Cromarty East Local Plan: Statement of Publicity, Consultation and Representations: The Highland Council: October 2003 [CD11] Ross & Cromarty East Local Plan: Proposed Modifications to the Deposit Draft (Prior to Public Local Inquiry): The Highland Council: February 2005 [CD14] SPP2: Economic Development: Scottish Executive: November 2002 [CD17] SPP15: Rural Development: Scottish Executive: February 2005 [CD25] Ross & Cromarty Area Planning Committee Item: Representations on the Consultative Draft Local Plan: The Highland Council: 15 September 2003 [CD27] Ross & Cromarty Area Planning Committee Item: Objections and Representations on the Deposit Draft Local Plan: The Highland Council: 25 January 2005 [CD30] Letters of objection and representation to the Deposit Draft Local Plan [THC18/1] Extract from letter: SNH to THC: April 2005
References to productions are shown in the text as follows, [CD 1]. Quotes from productions are shown as follows, “extract”.
2. Background
National Planning Guidance/Advice
2.1 Scottish Planning Policy 2 [CD14] “focuses on four themes where planning can contribute to economic development: • providing a range of development opportunities - to ensure that there is range and choice of sites for new employment opportunities……………...; • securing new development in sustainable locations………; • safeguarding and enhancing the environment - to make sure that new development contributes to a high standard of quality and design and that the natural and built heritage is protected; and • promoting a dialogue between councils and business………...”
2.2 SPP15: Rural Development [CD17] sets out the approach, key messages and objectives that should underpin planning policies and decisions affecting rural areas. The following paragraphs are relevant: -
13 advises planning authorities “to support a wide range of economic activity in rural areas and seek environmental enhancement through development at every opportunity.”
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14 advises of the vital importance of tourism “to the social, economic, environmental and cultural well-being of rural Scotland” and for planning authorities “to be aware of market growth areas such as business and cultural tourism…………... supported by the provision of appropriate facilities at key locations.”
15 to 17 deal with rural diversification, which is encouraged through planning policy to promote good development on the ground.
27 provides a reminder that “national planning policy and advice emphasises the importance of fit and design of new development in the landscape.”
Highland Structure Plan
2.3 The Highland Structure Plan [CD1] was approved in March 2001. The following are relevant: -
Policy G2 Design for sustainability indicates that “Proposed developments will be assessed on the extent to which they: • are compatible with service provision (water and sewerage, drainage, roads, schools, electricity); ………… • are affected by significant risk from natural hazards, including flooding, ………… unless adequate protective measures are incorporated, …… • make use of brownfield sites, existing buildings and recycled materials; • impact on the following resources, including pollution and discharges, particularly within designated areas: habitats; freshwater systems; species; marine systems; landscape………”
Policy B7 encourages small-scale business development or extensions to existing indigenous industries in rural areas.
Policy A2 generally encourages “proposals for the diversification of farm incomes through adding value to products and through non-farming enterprises.”
Adopted Local Plan
2.4 The Black Isle Local Plan [CD2] was adopted in September 1985. Paragraph 5.10 indicates the strategic location of Munlochy to the main tourist circuit on the Black Isle and identifies two sites with potential to attract specialist high amenity industry. One of the sites comprises the “derelict farm buildings and adjoining spoiled land at Gateside, overlooking Munlochy Bay.” The other lies to the north of the Brae Farm housing development in Munlochy. Both sites are located adjacent to the A832 road. The recommendation was for the planning authority to examine the feasibility of servicing these sites and undertaking consultations before selecting a preferred location in the final draft of the Local Plan. This was never followed up and both sites remained as potential development opportunities.
Previous Local Plan Inquiry
2.5 The Inquiry into objections to the Black Isle Local Plan Alteration No. 2: Housing was
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held during October, November and December 1993. This included consideration of objections to the proposed allocation of land at Gateside for the development of a small ‘new community’ of 25 houses on 10 hectares. This case is covered in pages 82 to 109 of the 1994 Report [CD7]. The Reporter recommended that the allocation be deleted from the Draft Plan “and that the opportunity be taken, during the process of Modifications to that end, of removing the current inappropriate allocation of the ruins at Gateside steading for business development.”
Consultative Draft Plan
2.6 The Consultative Draft [CD8] of the Ross and Cromarty East Local Plan was published in May 2002. It contained the following statement in Chapter 6 Landward: - “49. At Gateside, Munlochy the derelict steading has potential for redevelopment for business/tourism use (with a possible interpretation link to Munlochy Bay). The Council will seek high quality building designs and significant landscaping. Alternatively, development potential exists for maximum of two houses on the site of the steading and a single house on the site of the existing further down the slope.”
2.7 Only comment was made by SEPA [CD10/157] who had “no objections, provided foul drainage can be directed to foul sewer”. In response THC advised that Structure Plan Policy G2 makes clear that adequate drainage is a requirement of any development proposal. This principle carries forward to all development proposals in any Local Plan. The public sewer from Munlochy to the Avoch works passes close by the site. However, the ability of the site to be serviced by this is unclear. Nevertheless it was agreed that there is a need to mention that development at Gateside is subject to servicing. Accordingly, the phrase “, subject to servicing” was added.
Deposit Draft Local Plan
2.8 The Deposit Draft [CD9] of the Local Plan was published in November 2003. The allocation for Gateside at paragraph 50 of Chapter 6: Landward drew objections from the following: - • Martin F Mackay, TSH Burns & Ptrs., on behalf of the Mackay Family [CD30/36] • DJ Galloway [CD30/55] • TM & Alex P Ross [CD30/64] • Philip Hamilton-Grierson [CD30/72] • PE Smith [CD30/75] • Simon Spence [CD30/94] • June Bevan Baker [CD30/115] • Knockbain Community Council [CD30/123] • Peter Tilbrook [CD30/130] • Fran Tilbrook [CD30/131] • CB MacDonald [CD30/149] • Elizabeth Marshall [CD30/152] • Michael Paul [CD30/161] • RSPB Scotland [CD30/162] • Killearnan Community Council [CD30/169]
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• SEPA [CD30/170] • JV Cornwell [CD30/172] • Cromarty Arts Trust [CD30/185] • Mr & Mrs J Carruthers [CD30/193] • Lois MacDonell [CD30/195] • Scottish Natural Heritage [CD30/197] • Carol S Fenelon [CD30/200] • Hamish Gatt [CD30/201] • Carola & Keith Martin-Smith [CD30/205] • Rev. Richard Burkitt [CD30/209] • Jenye Monckton [CD30/225]. All objections and THC’s responses are contained in the 25 January 2005 Area Planning Committee report on Objections and Representations on the Deposit Draft Local Plan [CD27].
Deposit Draft with Modifications (Proposed Changes)
2.9 The following Proposed Changes to the Deposit Draft [CD11] with regard to Gateside were approved in January 2005: - • After the first sentence ADD "Effluent should be discharged to a public sewer, if practicable, otherwise it should be discharged to land GSP2).” • DELETE the last sentence referring to residential development. • INSERT "Development should avoid adversely affecting the natural heritage interests of Munlochy Bay, important in a European context, and take account of the prominent position of the site in the landscape. Retention of the existing wooded setting is essential to help integrate buildings into the landscape.”
2.10 No further objections were made. However, only RSPB Scotland, Killearnan Community Council, SEPA and SNH conditionally withdrew their objections to the Deposit Draft on the basis of the proposed Modifications.
3. The Council’s Observations
The Objections
3.1 The objections on the Deposit Draft Local Plan are as follows: -
Martin F Mackay, TSH Burns & Ptrs., on behalf of the Mackay Family [CD30/36]
We note that on page 38 of the Deposit draft, reference is made to potential for development at Gateside, Munlochy. Our clients wish to object to development of any nature on this site which lies in or immediately adjacent to an SSSI.
Our clients acknowledge that the site contains a ruin of a house and steadings, both of which are now in a severely dilapidated condition and are not structurally in tact to wall head level. Given that the site lies outwith the Munlochy settlement boundary, the Council should adhere to their own policy and effect a strong presumption against
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development of any type on this site. We would draw your attention on page 34 of the deposit draft to the Council presuming against housing development that would create new ad hoc clusters of housing and our clients would urge you to enforce this policy against this site. Our clients also note that the site does comprise one of the few remaining undeveloped areas of the Black Isle and consider that there are adequate sites either within or immediately adjacent to existing settlements which would be more suitable for development and would be less injurious to the amenity and the environment of the Gateside area.
Our clients have also asked us to point out that in view of the derelict nature of the site it is unlikely that supplies of either mains water or electricity are available and that drainage from any development will require to be to a septic tank, the construction, installation and ongoing usage of all services having a detrimental effect to the renowned and varied fauna and flora known to exist on and immediately adjacent to the proposed site.
Our clients were unaware that this site was being promoted for development given that it is not dealt with under Munlochy. They apologise therefore for not having made these representations earlier
Knockbain Community Council [CD30/123]
We would highlight the objections from local people to any development at Gateside. We are opposed to any new construction whether it is industrial units or housing. There is a general feeling that this development has been 'slipped into the Local Plan’. The A832 is a busy road and, not far from Gateside, there are flowers placed regularly as a reminder of a fatal accident a few years ago. More recently there was an accident involving a tractor at Roskill road end.
Mr & Mrs J Carruthers [CD30/193]
Object to the inclusion of Gateside, Munlochy Bay as a development area. This area was the subject of a Public Local Enquiry into housing on the Black Isle in 1994. A larger development was then proposed and the Reporter decided firmly against any such development on the following grounds: - 1) the fine view of Munlochy Bay would be compromised 2) there was no substantial justification for encouraging any form of new development at Gateside as a means of dealing with nominally derelict land 3) the fact that people once lived in a farmhouse at Gateside is of little or no planning relevance 4) increased disturbance of wildlife in an SSSI 5) it is normal policy to presume against development in the countryside. All of these grounds are still relevant today, albeit for a smaller scheme. I would also add that as Item 50 is part of the surrounds of Munlochy Bay, it should be included within Item 74 which applies to Munlochy Bay, i.e. Councils’ obligation to safeguard scenic views. As it is all the same area, one should not differentiate between parts of Munlochy Bay. With increasing pressure on land for building, we should be thinking of ways to increase protection for remaining areas like Munlochy Bay so that they are
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permanently safeguarded against any future development. We really must think of future generations who will thank us for preserving Munlochy Bay in its present state. There really are no valid reasons whatsoever for development there and I would ask that you remove the Gateside development from the Local Plan.
The Council’s Response
3.2 THC as Planning Authority wishes to respond to the objections in paras. 3.3 to 4.1 below. These are contained in the Annex to the Committee report of 25 January 2005 and expanded as necessary.
3.3 The 1993 PLI [CD7] was only concerned with the housing policies and allocations of the Black Isle Local Plan. The Reporter had no remit to make recommendations on non-residential land use matters. It is, however, agreed that the housing element should be excluded from the Draft Plan policy, particularly as it is in a section of this chapter of the Plan that only deals with economic development issues.
3.4 Prior to publishing the Consultative Draft Plan, both Knockbain Community Council and the land owner requested that Gateside be included as a one off opportunity for a tourism related rural business development, perhaps with a link to the interpretation of Munlochy Bay. As such, it was included in the Consultative Draft. The 1985 adopted Local Plan suggested this location as being suitable for high amenity industry, which is no longer appropriate for the land, but better suited to the Munlochy allocation. The potential for business/ craft workshop use, in a well designed building would be more in keeping with this rural location and setting. Such uses are not normally found in industrial estates. The proposed allocation complies with national planning guidance [CD14 & 17] and the Highland Structure Plan [CD1] encouraging rural businesses, farm diversification and tourism.
3.5 SNH [CD30/197] has no objection in principle to the allocation of the existing derelict steading for business/tourism use or housing. However, they requested the policy to refer to the site’s proximity to Munlochy Bay, to recognise the requirement for any development not to adversely affect the interests of the European site and to take account of its prominent position in the landscape. They also had concerns about the inclusion of reference to the redevelopment of the derelict house lower down the slope and requested that this be deleted from the policy. SNH [THC18/1] and RSPB have since conditionally withdrawn their objections in relation to the environmental designations on the basis of the Proposed Modifications.
4. Conclusion
4.1 Accordingly, The Council would ask that the Reporter recommends no change to the content of the Deposit Draft with Proposed Modifications, in respect of these matters.
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