Argyll and Bute Council Development and Infrastructure Services

Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ______

Reference No : 10/00978/PP

Planning Hierarchy : Local

Applicant : Mr and Mrs O’Sullivan

Proposal : Widening of existing footpath to form outdoor seating area and siting of canopy and saltire

Site Address : Post Office, Marine Road, Port Bannatyne, Isle of Bute ______

DECISION ROUTE

(i) Local Government (Scotland) Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission § Widening of existing footpath to form outdoor seating area § Siting of canopy and saltire

(ii) Other specified operations § None ______

(B) RECOMMENDATION:

Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions, reasons and informative notes at the end of this report. ______

Planning Permission (09/00107/COU) granted on 25 th March 2009 for the installation of a new front door and partial change of use of post office to food and drink establishment. ______

(D) CONSULTATIONS:

Area Roads Manager (report dated 18 th August 2010) No objections subject to conditions.

Area Environmental Health Officer No comments received. ______

(E) PUBLICITY:

Neighbour notification (closing date 10 th August 2010) and Conservation Area Advert (closing date 20 th August 2010). ______

(F) REPRESENTATIONS:

Representations have been received from a total of three people at the time of writing: Owner/Occupier, Flat 2/2, 42 Marine Road, Port Bannatyne, Isle of Bute (letter received 29th July 2010) Alastair Milligan, Flat 2/3, 50 Marine Road, Port Bannatyne, Isle of Bute (letter dated 7 th August 2010) Patricia Milligan, 50 Marine Road, Port Bannatyne, Isle of Bute (letter dated 8th August 2010)

A summary of the points raised is as follows:

1) Concern is expressed that the proposal would represent a road safety hazard along a route that involves local bus services, farm traffic, delivery vans, repair, maintenance and emergency vehicles, many large tourist coaches and everyday traffic. Comment: The Area Roads Manager has no objections to the proposal subject to conditions.

2) Concern is expressed that the proposal would adversely affect the inherent and historic character of the historic buildings in Port Bannatyne. Comment : This issue will be addressed in the Assessment section in Annex A.

3) Concern is expressed that the proposal would compromise the residential amenity of the nearby flatted properties by reason of disturbance and noise. Comment: This issue will be addressed in the Assessment section in Annex A.

4) The proper flow of pedestrians passed the Post Office would be interrupted and shoppers to and from the shop could be encouraged to stay in and around the area outside. Comment: It is considered that the manner in which the tables and seats have been positioned would not interrupt the proper flow of pedestrians. ______

(G) SUPPORTING INFORMATION

Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A design or design/access statement: No (iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: No ______

(H) PLANNING OBLIGATIONS

Is a Section 75 agreement required: No ______

(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No ______

(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application

(i) List of all Development Plan Policy considerations taken into account in assessment of the application.

Argyll and Bute Structure Plan 2002

STRAT DC 1 – Development within the Settlements STRAT DC 9 – Historic Environment and Development Control

Argyll & Bute Local Plan 2009

LP ENV 13(a) seeks to ensure that development preserves Listed Buildings or their settings and any features of special architectural or historic interest that they possess. LP ENV 14 presumes against development that does not preserve or enhance the character or appearance of an existing Conservation Area. LP ENV 19 ‘Development Layout, Setting & Design’ requires developers to execute a high standard of setting, layout and design where new developments are proposed. LP BAD 1 seeks to ensure that developments do not have an unacceptable adverse effect upon the amenity of neighbouring properties.

(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009.

Not applicable ______

(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No ______

(L) Has the application been the subject of statutory pre-application consultation (PAC): No ______

(M) Has a sustainability check list been submitted: No ______

(N) Does the Council have an interest in the site: Yes ______

(O) Requirement for a hearing (PAN41 or other): No ______

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

Planning Permission is sought for the widening of the pavement in front of the post Office at Marine Road, Port Bannatyne. Two sets of tables and chairs will be placed on the widened pavement which will be enclosed by connected bollards. A canopy is proposed over the window whilst a ‘Saltire’ flag will be installed adjacent to the door of the Post Office.

This is a very small-scale operation that would not have a significant visual impact on the Conservation Area or adjacent Listed Buildings. From a road safety perspective, the Area Roads Manager has raised no objections to the proposal.

Having due regard to all of the foregoing, the proposal is considered to be acceptable and to accord with the relevant Development Plan policies. ______

(Q) Is the proposal consistent with the Development Plan: Yes ______

(R) Reasons why planning permission or a Planning Permission in Principle should be granted

The proposal accords with policies STRAT DC 1 and STRAT DC 9 Argyll and Bute Structure Plan 2002 and policies LP ENV 13(a), LP ENV 14, LP ENV 19 and LP BAD 1 of the Argyll and Bute Local Plan (2009) and the proposal raises no other material consideration which would justify refusal of permission. ______

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

Not applicable ______

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

Author of Report: Steven Gove Date: 18/8/2010

Reviewing Officer: David Eaglesham Date: 18 /8/2010

Angus Gilmour Head of Planning CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO: 10/00978/PP

1. That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997)

2. The development shall be implemented in accordance with the approved drawings – Drawing No. LPb; Drawing No. 001b; Drawing No. 011b; Drawing No. 013; Drawing No. 015; and Proposed Pavement Café – Outline Dimensions unless the prior written approval of the Planning Authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

3. The seating area shall not be open except between the hours of 08.00 a.m. and 5.30 p.m. and shall not be visited by members of the public in relation to the sale of food and drink outwith these times unless the prior written consent of the Planning Authority is obtained for variation.

Reason: In the interests of the amenities of the area and in accordance with the hours of business stated by the applicants in the submitted application form.

NOTES TO APPLICANT

1. In order to comply with Section 27A(1) of the Town & Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

2. In order to comply with Section 27B(1) of the Town & Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was complete.

3. The Area Roads Manager has made the following comments: • All proposed works should be designed and constructed by suitably qualified persons and agreed in advance with the Roads and Amenity Section (tel: 01369 708600).

• The extended footway must provide uninterrupted passage for pedestrians at all times. The placing of the tables and chairs and supervision of the patrons utilising them will be the responsibility of the applicants. The furniture will be removed out-with opening hours and the whole footway will revert to normal use. No temporary awnings or umbrellas will be permitted over the footway.

• The design of the footway must incorporate provision to ensure continuity of the existing roadside drainage.

• A Pavement Café Licence will be required; the permission is for one year and would require to be renewed annually. The charge is £ 150 for the first year and £ 50 in subsequent years if still approved.

• All work on the road and footway will require traffic management in accordance with Chapter 8, advice on which is available from the Roads and Amenity Section.

• If it is the applicants’ intention to carry out the works within the road and footway, a contractor who is certified under the new Roads and Street Works Act must be engaged. This is to ensure that the works are done in a safe and satisfactory manner.

• A Road Opening Permit must be obtained from the Rothesay Area office and would be issued to the contractor. A minimum of seven working days notice is required to process this permit before works may proceed. This is to allow the public utilities to respond with information on any underground work. The applicants should consult Mr I Thomson, Roads Inspector, who will supervise the work and the applicants will be responsible for the safety of any underground services which might be below the road edge/verge and could be disturbed by the works.

• It is conditional upon this approval that the applicants agree to indemnify Argyll and Bute Council for all incidents arising from their activities.

• Is is recommended that the applicants liaise with the other regulatory Departments of the Council, (in particular Legal Services as regards a Street Trading Licence) and that they agree to comply with their requirements.

• Footway to be surfaced in bituminous material – this will be agreed with area roads office, Milton House, Dunoon, prior to start.

ANNEX A – RELATIVE TO APPLICATION NUMBER 10/00978/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The site is located within the village of Port Bannatyne and, for this reason, the proposal is considered consistent with Policy STRAT DC 1 of the Argyll and Bute Structure Plan 2002.

B. Location, Nature and Design of Proposed Development (Including Impact upon Built Environment)

The site is located within the Rothesay Conservation Area and there are Listed Buildings to the east of the site from 37 to 43 Marine Road. The pavement that is to be widened is a standard footway and the widening will take the form of a trapezium that will project, at the widest point, three metres from the edge of the existing footway. It is intended to place two tables with four chairs at each table on the widened area.

From a visual perspective, the proposal is considered to be minor in scale. Due to its distance from Listed Buildings in the vicinity, the proposal would not detract from their character or setting. The presence of two sets of tables and chairs would not have a significant impact on the appearance of the Conservation Area.

The proposal would, therefore, be consistent with STRAT DC 9 of the Argyll and Bute Structure Plan 2002 and Policies LP ENV 13(a), LP ENV 14 and LP ENV 19 of the Argyll and Bute Local Plan 2009.

C. Effect Upon Road Safety

The proposal will involve the loss of one parking space directly in front of the Post Office. On the basis that free and unrestricted parking is available on both sides of Marine Road at this location, it is not considered that the loss of one parking space would be significant. In addition, the Area Roads Manager has raised no objection to the proposal.

D. Effect Upon Residential Amenity

Concern has been expressed by objectors that the proposal would lead to noise disturbance to the residential properties on upper levels. On the basis that the seating area will accommodate a maximum of eight people and will be used only up to 5.30 p.m., it is not considered that noise emanating from the seating would be to an unacceptably loud degree. On this basis, the proposal would accord with Policy LP BAD 1 of the Argyll and Bute Local Plan 2009.