DEVELOPMENT SERVICES Local Member - Councillor B. Chennell PLANNING APPLICATION REPORT Date of Validity - 8th February 2005 Bute & Cowal Area Committee Committee Date - 5th July 2005 27th June 2005 Reference Number: 05/00220/DET Applicants Name: Western Ferries (Clyde) Ltd Application Type: Detailed Application Description: Erection of new linkspan; Infilling works with rock armour sea wall to create extended marshalling area; and associated infrastructure works. Location: Hunter’s Quay, Dunoon (A) DETAILS OF THE PROPOSED DEVELOPMENT (i) Summary of development Requiring Permission: • Erection of new steel linkspan (with pedestrian walkway) adjacent to existing linkspan; • Erection of new steel berthing structure (with walkway) adjacent to existing pier; • Formation of 1:1.5 rock armour on north western slope extending into the sea; • Infilling works to create extended and reconfigured marshalling area to provide 75m of HGV/PSV marshalling and 234m of car marshalling; • Additional car parking space (8 spaces) in the western corner of the new marshalling area. (ii) Other Specified Operations • Erection of passenger shelter. • Erection of compressor housing. • Existing culvert extended to new outfall. ______________________________________________________________________________________ (B) RECOMMENDATION It is recommended that permission be granted, subject to the standard condition and reason, and to the conditions and reasons, and notes to the applicant set out overleaf. (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Western Ferries propose to introduce a new linkspan at the existing terminal at Hunter’s Quay, which will take over the regular service from the existing linkspan. The existing linkspan in not proposed to be removed but will remain in situ to provide a fall back service including mechanical failure to allow vessels to continue to moor at the site giving shore access to the crew. These improvements will provide additional infrastructure capacity to deal with unexpected maintenance or as a bad weather alternative. What is critical is that two linkspan(s) should not operate simultaneous or on the same day and a restrictive condition prohibiting the same is proposed due to the potential and obvious traffic management conflict and congestion. The main issues in this proposal are considered to be : 1. Visual impact on adjacent Listed structure and building and surrounding Townscape Policy Area; 2. Potential simultaneous use of two linkspans. 3. Increase in marshalling area and number of vehicles using the extended and reconfigured terminal; 4. Environmental concerns i.e. noise and dust associated with construction operations; 5. The operation of the reconfigured and extended marshalling area; 6. Environmental issues in respect of wildlife and biodiversity. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002085\AI00023093\00220WRAWESTERNFERRIESLINKSPANHUNTERSQUAYDUNOON0.DOC Part of the existing Hunter’s Quay ferry terminal is a Grade B Listed structure comprising of a wooden jetty and rubble slip. This structure has already been absorbed into the main operational jetty and the proposed development will not have any greater impact than currently exists. The proposed development would not materially affect this listed structure, and the proposed development would not therefore be contrary to the development plan Policy BE1 (Listed Buildings). Given the limited scale of the works proposed, the Scottish Executive have determined that there is no requirement for an Environmental Statement in respect of Harbour Works (Environmental Impact Assessment) Regulations 1999 or under Council Directives. The consultees for this application before members have raised no specific line of objection whilst seven letters of representation have been received from the public. A main concern appears to be the actual ferry operation from this terminal (and Dunoon Breakwater), this application is solely for the erection of new infrastructure and extending the existing marshalling yard to improve the existing operation and should be determined on that basis. To the best of the department’s knowledge the Council own the masonry wall and the Area Roads Manager has advised that the top part of the wall at the seaward side to the northwest requires to be lowered to one metre in height for a distance of around 43 metres. Equally three clumps of vegetation, primarily sycamore growing out the wall, require to be removed to provide safe and satisfactory visibility. The required works to the wall are outwith the application site and normally there would be the necessity for a Section 75 Agreement. In this instance the department is satisfied that the applicant can undertake the necessary works to the seaward wall to the northwest and in perpetuity via a suspensive planning condition. This would make a Section 75 Agreement superfluous since the same end result would be achievable. The removal of the top part of the wall and vegetation is a prerequisite prior to all other works taking place. Condition 13 has been carefully tailored to address these matters. It is considered that the development fully accords with both National and Development plan policy including in particular POL TR1 of the Adopted Cowal Local Plan that is geared towards supporting development of this nature in so far as “The Council will oppose changes or reductions in service on the Cowal-Clyde ferry routes which undermine the economic regeneration of Cowal but will support measures which will result in improved services and facilities on these routes.” Conditions are suggested to be imposed that would cover the submission of an environmental management plan including such issues as dust, noise and pollution, navigation lights, together with requirements for a Sustainable Urban Drainage System, sightlines, revised car parking, signage, landscaping, relocation of an existing culvert, prohibition of simultaneous use of two linkspans and advisory notes. Angus J Gilmour Head of Planning and Building Standards Case Officer: B. Close 01369-70-8604 Area Team Leader P. O’Sullivan 01369-70-7983 "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". F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002085\AI00023093\00220WRAWESTERNFERRIESLINKSPANHUNTERSQUAYDUNOON0.DOC CONDITIONS AND REASONS RELATIVE TO PLANNING APPLICATION 05/00220/DET 2. The development hereby permitted, shall be constructed in strict accordance with the approved plans titled “1:1250 Location Plan 03103/200 A received 25th February 2005, 1:250 Topographic Survey 03103/201 received 25th February 2005, 1:250 Proposed Site Plan 03103/202 received 8th February 2005, 1:200 Cross Sections 03103/203 received 8th February 2005, unless the prior written consent for variation is obtained from the Planning Authority. Reason : Given that amended plans were submitted during the course of this application and for the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved and amended plans. 3. No devolvement shall commence until an Environmental Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with Protective Services and SEPA. In particular the Environmental Management Plan shall identity the potential environmental impacts associated with construction works and detail measures to be employed to mitigate such impacts, including procedures for dealing with complaints and necessary monitoring. The Environmental Management Plan shall include: i) Detailed assessments of noise emissions and the potential sources of noise; ii) Mitigation measures to be adopted to control noise; iii) Dust and other emissions to the atmosphere and specify mitigating controls; iv) Methods of monitoring recording matters and complaints procedures relating to the control of noise; v) Provide for a method statement that details the protection of the coastal waters and groundwater. The Environmental Management Plan, shall be fully implemented in accordance with such details as may be approved in writing by the Planning Authority during the implementation of the development, unless written consent is obtained to vary such details. Reason: To ensure that the development is undertaken in a controlled manner and to ensure no adverse detriment to amenity by virtue of noise, emissions, contaminates or pollutants. 4. Within three months of the date of this permission, unless consent for variation is obtained from the Planning Authority, details shall be submitted for the prior written approval of the Planning Authority in consultation with SEPA of a drainage scheme that shall incorporate the basic principles of Sustainable Urban Drainage Systems identified in ‘Planning Advice Note 61’. This shall provide details of surface water run off, measures to slow down run off; methods of treatments and its release into the system precluding the use of an oil inceptor, unless prior written consent for variation is obtained in writing from the Planning Authority. Reason: In order to provide for a sustainable drainage system, negating the need for an oil inceptor and to address pollution arising from the interaction of rainwater and the development, consistent with the advice of Planning Advice Note 61 ‘Planning and Sustainable Urban Drainage Systems’. 5. No development shall commence until full details indicating