DEVELOPMENT SERVICES Local Members - Currie, Horn & McAlpine PLANNING APPLICATION REPORT Date of Validity - 27 th March 2007 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 6th June 2007 Reference Number: 07/00579/DET Applicants Name: Highlands & Islands Enterprise Application Type: Detailed Planning Permission Application Description: Installation of pontoons Location: The Stone Pier, Craighouse, Isle of Jura (A ) THE APPLICATION (i) Development Requiring Express Planning Permission: • Seasonal installation, between the months of April to October, of 20.0 metre long x 2.5 metre wide pontoon with a permanent connection to the existing stone pier by a 10.0 metre long by 1.5 metre wide access bridge. (ii) Other Specified Operations: • Installation of low level lighting units; • Surface dressing of existing stone pier. (B) RECOMMENDATION It is recommended that planning permission be granted subject to the standard time limit condition and reason and the conditions and reasons attached. (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS This proposal is to install pontoons on a seasonal basis at the listed pier at Craighouse, for use by the proposed Crinan – Craighouse passenger ferry and by visiting yachts and other vessels. The proposal is consistent with adopted and emergent development plan policy an there are no objections raised by consultees. Sixteen letters of representation have been received, eight of which raise objections and eight of which express support for the proposal. An accompanying application for listed building consent follows this application on the agenda. Angus J Gilmour Head of Planning 14 th May 2007 Author: Peter Bain – 01546 604082 Contact: Richard Kerr – 01546 604080 E:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00002818\AI00034899\0700579DETREPORT0.DOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 07/00579/DET 2. The pontoons and access bridge, hereby approved, shall be fully removed from the site between the 1 st November and 31 st March in any calendar year unless otherwise approved in writing by the Planning Authority. Reason: In accordance with the seasonal time periods specified in the application. 3. Prior to the commencement of development a sample of the natural stone facing to be applied to the ramped access plinth shall be submitted to and approved in writing by the Planning Authority in consultation with Historic Scotland. Reason: In the interests of visual amenity and to ensure that the proposals do not adversely affect the architectural and historic character of the existing pier. 4. The development hereby permitted shall not commence until the arrangements for waste storage have been submitted to and agreed in writing by the Planning Authority. No development shall commence on site until such time as the duly approved waste storage arrangements have been implemented to the satisfaction of the Planning Authority. Reason: In order to protect the amenities of the area. 5. The development hereby permitted shall not commence until full details of external lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary. The design, installation and operation of any external light units shall have regard to the Institution of Lighting Engineers’ Guidance on The Reduction of Light Pollution . For the purposes of that guidance, this site should be considered to be in Environmental Zone E2: Low district brightness area. Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties. E:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00002818\AI00034899\0700579DETREPORT0.DOC APPENDIX RELATIVE TO APPLICATION 07/00579/DET A. POLICY OVERVIEW ‘Argyll and Bute Structure Plan’ 2002 STRAT DC 1 – Gives encouragement within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off and redevelopment sites; in exceptional cases medium or large scale development may be supported. STRAT DC 8 – Seeks to resist development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape. STRAT DC 9 – Seeks to resist development that damages or undermines the historic, architectural or cultural qualities of the historic environment. ‘Islay, Jura and Colonsay Local Plan’ 1985 and (1 st review & alteration) 1988 POL RUR 1 – Seeks to resist prominent or sporadic development which would have an adverse environmental impact upon the Jura National Scenic Area. POL RUR 2 – Sets out the criteria against which the Council will assess development proposals within the Jura National Scenic Area. POL TOUR 1 – States that the Council will continue to support tourism in the islands and will encourage appropriate developments which assist in the achievement of this objective. POL TOUR 3 – Gives encouragement to the development of tourism development provided that they do not conflict with either the landscape quality of the Jura National Scenic Area; and/or nature and heritage conservation. POL BE 1A – Seeks to resist development which would have a detrimental impact upon the architectural or historic value of a listed building. ‘Argyll and Bute Local Plan’ (modified finalised draft) 2006 P/DCZ 1 - gives spatial expression to ‘settlement areas’ established by Structure Plan Policy STRAT DC 1, thereby supporting the principle of up to ‘small scale’ development within the ‘settlement area’ of Craighouse. This proposal and the Craighouse ‘settlement area’ has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP ENV 1 – Sets out the criteria against which the Council will assess all planning applications. This proposal has been the subject of representation as part of the local plan process, and therefore may not be afforded significant weight in the determination of the application. LP ENV 9 – Seeks to resist development which would have an adverse effect upon the Jura National Scenic Area (NSA). This proposal has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP ENV 13(a) Seeks to resist development which will have an adverse impact upon the historic or architectural character of a listed building. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP ENV 18 – Sets out the criteria against which the Council will assess planning applications involving the enhancement and re-use of existing buildings. This policy has not been the subject E:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00002818\AI00034899\0700579DETREPORT0.DOC of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP ENV 19 – Requires new development to accord with a high standard of layout and design which accords with the principles set out in Appendix A of the emergent local plan. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP CST 1 – Sets out the criteria against which the Council will assess planning applications for coastal development within the identified ‘settlement area’. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP TOUR 1 – Sets out the criteria against which the Council will assess planning applications for tourism development. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP TRAN 2 – Seeks to encourage links between new development and existing public transport networks. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. LP TRAN 8 – Seeks to encourage the further development of existing piers and harbours for marine leisure and recreational purposes. This policy has not been the subject of objection as part of the local plan process, and can therefore be accorded material weight in the determination of the application. B. OTHER MATERIAL CONSIDERATIONS (i) Site History A related application for listed building consent (ref. 07/00569/LIB) appears elsewhere on the agenda. (ii) Consultations • Area Environmental Health Manager (received 12.04.07) – No objections subject to conditions in respect of waste management and control of lighting. It is noted that complaints have previously been received by the Council in respect of the accumulations of refuse in Craighouse which allegedly originate from visiting yachts and is exacerbated by fortnightly refuse collections. It is understood that additional refuse storage has been provided in the vicinity of the pier, however it is advised that the current proposal, which could result in the increased use of refuse storage facilities by visiting yachts, should not commence until such time as arrangements for waste storage have been agreed with the Planning Authority. It is also suggested that, in order to protect the amenity of the surrounding land uses/properties from potential light pollution that full details of external lighting be submitted for approval of the Planning Authority. • Area Roads Manager (10.05.07) – No objections. (iii) Publicity The proposal has been advertised under the provisions of Article 9 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992 for the purposes of neighbour notification. To date, fifteen letters of representation have been received in respect of the proposal.