Ross & Cromarty East Local Plan Inquiry

THE COUNCIL

ROSS & CROMARTY EAST LOCAL PLAN INQUIRY

STATEMENT OF OBSERVATIONS by the DIRECTOR OF PLANNING and DEVELOPMENT

ISSUE 39: Land for Business/Light Industry at Munlochy

1. Introduction

1.1 The Highland Council (THC) has undertaken to hold a Public Local Inquiry to consider objections lodged by Knockbain Community Council [CD30/123], GH Johnston on behalf of Broadland Properties [CD30/180] and Hamish Gatt [CD30/201] in respect of the allocation north of the garage, Munlochy for business/light industry, as referred to in Chapter 28 at paragraph 6 of the Deposit Draft of the above Local Plan.

1.2 Knockbain CC and GH Johnston, on behalf of Broadland Properties, wish to appear at the Inquiry. Hamish Gatt has made a further written submission. A further objection by Scottish Natural Heritage [CD30/197] is maintained on the basis of their original submission and this together with THC’s response is contained in the 25 January 2005 Area Planning Committee report on Objections and Representations on the Deposit Draft Local Plan [CD27].

1.3 THC will call Alan Ogilvie, Principal Planner as planning witness.

1.4 THC wishes to submit the following productions: -

[CD1] The Highland Structure Plan: Approved Plan: The Highland Council: March 2001 [CD2] Local Plan: Adopted Plan: Highland Regional Council: September 1985 [CD5] Black Isle Local Plan: Alteration No.2: Housing: Highland Regional Council: September 1996 [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 [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

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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 [THC39/1] Munlochy ‘Plan Your Community’ workshop results: Knockbain CC & THC: February 2001

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………...”

Paragraph 59 advises that “development plans should maintain a supply of sites offering a choice of size, location and environmental amenity, and which allow flexibility to provide for market uncertainty; …...”

2.2 Scottish Planning Policy 15: Rural Development [CD17] sets out the approach, key messages and objectives that should underpin planning policies and decisions affecting rural areas. Paragraph 13 advises planning authorities “to support a wide range of economic activity in rural areas …………….”

Highland Structure Plan

2.3 The Highland Structure Plan [CD1] was approved in March 2001. The following are relevant: -

Paragraph 2.6.1 states: “The creation of an improved business environment is an important strategic theme and forms the basis for achieving many of the key strategic objectives of the Structure Plan. It is essential that the provision for business and industry is closely related to community, environmental and infrastructure considerations. The policy framework for business and industry seeks to ensure that appropriate sites for a range of different users are available throughout Highland. The supply of land available for development must also be managed to reflect changing demands.”

Paragraph 2.6.2 states: “The availability of land and premises is an important

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factor in accommodating development and supporting new business growth. In order to compete effectively a choice and range of suitable sites in terms of size, quality and location should be made available to cater for the development of small to medium sized businesses and the needs of larger indigenous and inward investment companies. The Council and the Local Enterprise Companies are the primary providers of both sites and premises, in partnership with the private sector.”

Policy B3 indicates the need to make provision in Local Plans for a supply of land for general industry and business development so that there will always be 20 hectares available in .

Adopted Local Plan

2.4 The Black Isle Local Plan [CD2] was adopted in September 1985. The following provisions are relevant: -

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 was located to the north of the Brae Farm housing development in Munlochy, adjacent to and south of 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 although the provisions of the Black Isle Local Plan Housing Alteration [CD5] eventually superseded the Brae Farm site.

Paragraph 5.24 refers to the consent granted for additional vehicle storage and parking and the need to continue to encourage the tidying up of the site and for screen planting.

Consultative Draft Plan

2.5 The Consultative Draft [CD8] of the Ross and Cromarty East Local Plan was published in May 2002. It contained the following statement in Chapter 28: Munlochy: -

“6. Land at and surrounding Fraser’s garage offers potential to create additional local employment opportunities, subject to suitable access, drainage and landscaping. Before confirming a land allocation the Council, in consultation with Ross and Cromarty Enterprise, land owners and the community, will explore the possibility of developing up to 2.5 hectares for business/light industrial and tourist related uses. Access should be taken via an improved A832/B9161 junction from the Culbokie leg. The belt of trees along this frontage should be retained as best as possible and substantial additional tree planting and landscaping will be required to a depth of at least 20 metres to enclose the land. The derelict building in the south east corner may offer potential as the location for a tourist facility incorporating interpretation of Munlochy Bay.”

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2.6 The representations made and the changes made by THC in response are detailed in CD10 & 25. Relevant comments made are summarised as follows: -

Linda Martin [CD10/262] and Hamish Gatt [CD10/178] questioned the need for the industrial units in light of a planning application made for such at Roskill Farm (Gateside). Suggested alternative use as an amenity area for the village, perhaps as a much needed football pitch.

Hamish Gatt [CD10/178] was concerned about encouraging more traffic on the roads by taking people out of to lease them. Consider allowing the local business sited there (Fraser's Garage) to expand, providing more local employment in the village. Otherwise it may detract from business activities in the Millbank Road area and at the expense of "green belt" land to units which may lie idle, be a blot on the landscape and harm tourism.

Knockbain CC [CD10/92] indicated the lack of local support for “industrial” development. There would be no control over who works in these units. Referred to a site already earmarked for such use at Easter Suddie (Gateside).

SNH [CD10/59] did not support business development due to impact on the landscape character of the area.

GH Johnston on behalf of Broadland Properties Ltd [CD10/250] welcomed the proposed designation and shared the view that there was general support for creating employment opportunities within the village envelope. As owners they confirmed the availability of the land for the uses indicated.

SEPA [CD10/157] advised of the need for Flood Risk Assessments to accompany any planning applications proposed within Centre for Ecology and Hydrology map limits.

Deposit Draft Local Plan

2.7 The Deposit Draft [CD9] of the Local Plan was published in November 2003. The policy statement for allocation of land around the garage at Munlochy at paragraph 6 of Chapter 28 had been revised to partly account for THC’s responses to the representations to read as follows: -

“Land at and surrounding Fraser’s garage offers potential to create additional local employment opportunities, subject to suitable access, drainage and landscaping. The timescale for development is most likely to be in the medium to longer term. The possibility of developing up to 2.5 hectares for business/light industrial and tourist related uses needs to be explored with Ross and Cromarty Enterprise, land owners and the community before confirming a land allocation. Access should be taken via an improved A832/B9161 junction from the Culbokie leg. The belt of trees along this frontage should be retained as best as possible and substantial additional tree planting and landscaping will be required to a depth of

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at least 20 metres to enclose the land well in advance of development commencing, possibly as a grant assisted farm woodland scheme (S.75 Agreement). The derelict building in the south east corner may offer potential as the location for a tourist facility incorporating interpretation of Munlochy Bay. In the absence of detailed Centre for Ecology and Hydrology maps on flooding, developers will have to undertake a flood risk assessment in advance of detailed proposals for the land.”

2.8 This drew objections from the following: - • Knockbain Community Council [CD30/123] • GH Johnston on behalf of Broadland Properties [CD30/180] • SNH [CD30/197] • Hamish Gatt [CD30/201] 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]. No Modifications are proposed in response to the objections.

3. The Council’s Observations

The Objections

3.1 The objections to the Deposit Draft Local Plan are as follows: -

Knockbain Community Council [CD30/123]

We wish to object to the Local Plan in respect of the Munlochy Industrial Units. We remain of the opinion that industrial development should be sited in the Muir of Ord / Invergordon corridor.

GH Johnston on behalf of Broadland Properties [CD30/180]

Broadland Properties Ltd formally object to the adoption of the Deposit Draft Local Plan by The Highland Council for the following reasons: -. 1. There is sufficient business and enterprise potential to justify the inclusion of this site for development for Business/Light Industry and related uses, and any doubt should be removed from the final Adopted Local Plan. 2. This ground is available for the potential business and enterprise allocations proposed in the Local Plan, and will be made available at an early stage. 3. Any suggestion that the business uses may be medium to long-term, should also be removed from the plan, so that the landowners could start the procedure of attracting business uses to this area, knowing that the in Local Plan is in support of these uses. This would help attract much need business and employment opportunity to this area. 4. The petrol filling station/garage and the derelict building in the south east comer are not in the ownership of Broadland Properties Ltd and we would make no comment regarding this. 5. G.H.Johnston Building Consultants Ltd have been instructed to employ a consultant engineer to carry out a flood risk assessment for this area so that this

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matter can be cleared prior to the final adoption of the Ross and Cromarty East Local Plan. The result of this study will be made available prior to any PLI.

Hamish Gatt [CD30/201]

Given the size of the development and the loss of "green belt" for the villagers could an area be found for a football pitch e.g. the area identified as B6?

The Council’s Response

3.2 THC as Planning Authority wishes to respond to the objections set out in paras. 3.3 to 4.1 below. These are in the Annex to the Committee report of 25 January 2005 and expanded as necessary.

Knockbain Community Council

3.3 Prior to preparing the Consultative Draft Local Plan, a series of community workshops were held throughout the Plan area to seek local views on the issues that it should cover. At the Munlochy workshop organised by Knockbain CC and held in February 2001, various suggestions were made for the area around the garage [THC39/1], including “tourism” and “small business units”.

3.4 As stated in response to representations on the Consultative Draft, the site has been allocated to provide an opportunity for potential future business, light industrial and tourist related uses. The intention is that these should be uses that should be compatible with residential development. That is, new uses should not give rise to noise, dust, smell or the need for external storage. The proposed allocation is also aimed at creating employment opportunities locally, rather than continuing to encourage all residents to commute to work in other larger settlements outwith the Black Isle. The proposed allocation is also with broadly consistent with the provisions of Scottish Executive guidance (SPP15 [CD17], SPP2 [CD14]) and the Highland Structure Plan [CD1], which encourage business development in rural areas in line with sustainability principles.

GH Johnston on behalf of Broadland Properties

3.5 THC has no real dispute with this objector and responses are made to the detailed matters as follows: -

Points 1.&3: The 'doubt' referred to is in relation to the implementation by a public development agency unless a private developer is prepared to service and develop the land. Similarly, in the absence of any current commitment by Ross and Cromarty Enterprise, the timescale for development is considered to be medium to long term. Otherwise, if a private developer has the necessary funding to progress its development, the timescale could be shorter.

Point 2: Note availability of the land.

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Point 4: The potential regarding the development of these properties is thought to lie in the hands of the owner, but should tie in with any overall servicing requirement, notably in terms of access and surface water drainage.

Point 5: Note the intentions in this regard and the availability of relevant flood risk information in due course.

Hamish Gatt

3.6 In preparing the Local Plan the Community Council was asked if there was a need to upgrade or replace the existing football pitch. This met with a negative response, although provision of a pitch for and in conjunction with the development of a new primary school was favoured. The siting of a pitch on the north side of the A832 would also require users having to cross the road with obvious safety concerns.

4. Conclusion

4.1 Accordingly, The Council would ask that the Reporter recommends no change to the content of the Deposit Draft Plan, in respect of these matters.

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