Argyll and Bute Council Development 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 : 09/01182/PP Planning Hierarchy : Local Applicant : Western Ferries (Clyde) Ltd Proposal : Variation of Condition 12 of planning permission 05/00220/DET for erection of new linkspan; infilling works with rock armour sea wall to create extended marshalling area and associated infrastructure works to read 'At no time shall vehicles and passengers embark or disembark from both linkspans at the same time'. Site Address : 18 Marine Parade, Hunters Quay, Dunoon, Argyll, PA23 8HJ _______________________________________________________________________ DECISION ROUTE (i) Local Government Scotland Act 1973 _______________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Variation of Condition 12 of planning permission 05/00220/DET to read ‘ At no time shall vehicle and passengers embark or disembark from both linkspans at the same time’. (ii) Other specified operations • N/A. _______________________________________________________________________ (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 following conditions and reasons along with the informatives detailed below. _______________________________________________________________________ (C) HISTORY: Planning permission 05/00220/DET granted on 17 th March 2006 for the erection of new linkspan; infilling works with rock armour sea wall to create extended marshalling area; and associated infrastructure works. The Area Roads Managers consultation response dated 21 st June 2005 relative to this permission stated: “In order to control traffic loadings on the junction and immediate road network, the applicant shall not operate the service from anymore than one linkspan at any given time”. This requirement was drafted into condition 12 of planning permission 05/00220/DET, which the applicant now wishes to vary. Enforcement complaint 08/00123/ENFBOCC received on 18 th April 2008 regarding the suspected breach of condition 12 planning permission 05/00220/DET; see associated report elsewhere on this agenda. Planning application 09/00631/VARCON for the removal of condition 12 of planning permission 05/00220/DET was refused by the Bute and Cowal Area Committee on 26 th June 2009 on the basis that ‘There has been no change to the operational requirements and condition 12 of planning permission 05/00220/DET already contains flexibility for using both linkspans in terms that written approval can be given by the Planning Authority to cover peak trading such as Cowal Games and maintenance. There is therefore no necessity to remove condition 12’. _______________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager (memo dated 17 th August 2009): No objection. ‘This location is on A815 Marine Parade, Hunters Quay Dunoon. Improvements have recently been carried out to enable safer access and egress for this location, whilst not compromising the safety of any group of road users. This will improve the flow of traffic from the adopted road and minimise the risk of queuing traffic on the A815. On discussions with Strathclyde Police they supported any improvements which would reduce queuing traffic, both on the road and other adjacent areas. The change to this condition would allow a quicker more efficient service both to incoming and outgoing travellers. It would also allow flexibility to enable maintenance and repairs to be carried out without detriment to service. In 2008 in after investigation and discussions with Strathclyde Police, Argyll and Bute Council bought signage to effect an efficient one way system to Western Ferries enabling a faster transfer of vehicles from one side of the River Clyde to other when coupled with the use of both link spans. This set up has been successfully utilised for Cowal Highland Gathering and is available to accommodate possible traffic increases due to Road Closures to the north of Cowal.’ Hunters Quay Community Council (letter dated 4 th September 2009): Objection. The Community Council oppose in the strongest possible terms the removal, or any variation to condition 12 of planning permission 05/00220/DET. Contrary to the claims of Western that this alteration would reduce noise and pollution it was the view of all present from their direct explicit experience of living in Hunters Quay that this alteration would in actual fact increase traffic flow, noise and pollution and further degrade our community to visitors and residents alike and be a thoroughly unwelcome development. Dunoon Community Council (letter dated 19 th August 2009): Objection. Since the original condition was imposed there has been no alteration or improvement to the road in question, nor has there been any reported drop in the volume of traffic In such circumstances there can be no justification for the removal of any of the restrictions imposed by condition 12. The applicant can already under condition 12 obtain permission to waive the restrictions in the event of a breakdown of the new linkspan or similar emergency or, with prior written permission, in periods of extreme pressure such as Cowal Games. This application is, in effect, simply a repetition of that presented at the June Meeting of Bute & Cowal Area Committee which the committee rejected. Kilmun Community Council (letter dated 12.10.09): Support. The community council considers that alterations requested will increase traffic safety during peak times. Head of Public Protection : response awaited. In view of issues raised by objectors in relation to noise and other nuisance, the Head of Public Protection has been asked to comment and his views will be reported at the meeting. _______________________________________________________________________ (E) PUBLICITY: Under article 9 neighbour notification procedure and Section 34 advertisement published 21 st August 2009, expired 11 th September 2009. Six letters of representation have been received from the following: • Mrs. E. Leslie (letter dated 24 th August 2009) Tullyard, 4A Eccles Road, Hunters Quay, Dunoon, PA23 8LA. • Stuart Maclaughlan (letter dated 30 th August 2009), 8 Chapel Close, Clowne, Mr. Chesterfield Derbyshire, S43 4PB. • James Donaldson (letter dated 31 st August 2009), Tigh-Na-Mara, 6 Hazel Gardens, Toward, Dunoon, PA23 7SW. • Fulton RN and Susan M McInnes (letter dated 1 st September 2009), The Quarterdeck, 265 Marine Parade, Hunters Quay, Dunoon, PA23 8HN. • Neil Kay (e-mail dated 3 rd September 2009) from [email protected] . • J Cameron Smith (letter dated 3 rd September 2009) 4-6 Auchamore Road, Dunoon, PA23 7DY. The points raised are summarised below. In addition, Councillor Dick Walsh (e- mail dated 18 September 2009) has withdrawn an earlier holding objection. (F) REPRESENTATIONS: (i) Summary of issues raised i. I am very concerned by the level of noise generated when the drawbridge on ferries are lowered onto either linkspan and when vehicles board or leave ferries over the drawbridge Comment: Reduced vessel movements between linkspans would help to reduce any associated noise from the ferry terminal. Western Ferries have also advised that additional buffering is soon to be installed to the new linkspan which should help ensure transitional noises are minimised. ii. The new application if approved would allow them to dock and/or leave from both linkspans simultaneously. Comment: The proposed rewording of condition 12 would prevent simultaneous embarking and/or disembarking from both linkspans. iii. It would allow Western to use both linkspans which apart from passenger and driver confusion could lead to increased number of sailings generating greater traffic flow and associated noise and pollution. Comment: Vehicle management and marshalling at the ferry terminal can control effective vehicle movements. There is no restriction on the number of vessel sailings. iv. If approved this would lead to increased noise and air pollution locally and lead to unacceptable levels of traffic congestion. Comment: This application will lead to reduced vessel movement between both linkspans thereby reducing noise and fuel consumption. The ability to use both linkspans also reduces the length of time cars wait within the terminal prior to embarking a vessel. v. A strong case could be made for Western providing a passenger terminal for foot passengers before granting approval for further development on site. Comment: This is not a material planning consideration relevant to this application. vi. The original condition 12 completely restricted the possible number of dockings and sailing from Hunters Quay and thereby restricts and quantified the noise level, pollution and traffic flow from the terminal. Comment: This condition was imposed in the interest of traffic management and to prevent congestion not in the interest of restricting the number of sailings and any associated noise or pollution. As commented above it is considered that this application will improve traffic movements and prevent future congestion. vii. Noise disruption