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 : 10/00452/PP Planning Hierarchy : Local Development Applicant : Kilfinan Community Forest Company Proposal : Formation of Forest Access Road Site Address : Land North West of Highgate, Tighnabruaich ____________________________________________________________________________ DECISION ROUTE (i) Local Government (Scotland) Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission Formation of forest access road (ii) Other specified operations Not applicable ____________________________________________________________________________ (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. ____________________________________________________________________________ (C) HISTORY: There is none relevant to this application. ____________________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager (response dated 5 th May 2010) The existing access is within a 30 mph speed limit. Visibility sight lines along the public road are achievable. No objection subject to conditions. ____________________________________________________________________________ (E) PUBLICITY: Neighbour Notification (closing date 16 th April 2010) and advertised under Regulation 20 (closing date 23 rd April 2010). ____________________________________________________________________________ (F) REPRESENTATIONS: Representations have been received from a total of six people, as follows: Mrs S E Allison, Highgate, Tighnabruaich (letter received 12 th April 2010) David Burt, Ardeneden, Tighnabruaich (letter dated 12 th April 2010) Mr and Mrs A Adamson, Kirona Cottage, Tighnabruaich (e-mails dated 14 th April 2010 and 15 th April 2010) Mr and Mrs C MacColl, Taiyuan, Tighnabruaich (letter dated 22 nd April 2010) The points raised can be summarised as follows: a. The proposed access coincides with the narrow single width stone arch bridge across Allt Mor which is at present a bottle neck. Comment: This issue will be addressed in the Assessment section below. b. The approach to the proposed access is blind in both directions. Comment: This issue will be addressed in the Assessment section below. c. The stone arch bridge was not originally built to withstand the weight of present heavy traffic and certainly not the extra stress of timber lorries. Comment: No comments have been made by the Area Roads Manager in respect of this issue. d. The land is owned by Argyll and Bute Council and, if it is being sold to the Kilfinan Forestry Group, should it not go on the open market first. Comment: The Estates Section has advised that the Council’s intention is to grant a right of access over the land in question to the applicants. e. Concern is expressed that vehicles would back up onto the road if no further roads are planned within the site. Comment: Given that the access will be used for forestry extraction purposes, the extent of the road that actually requires Planning Permission is the first 25 metres from the public road. The remainder of the roads within the forest constitute ‘permitted development’. f. Concern is expressed regarding the proposed composting within the site. Comment: The present application relates solely to the construction of the access road and, therefore, any other operations do not fall within the remit of this report. ____________________________________________________________________________ (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 (v) Supporting Statement from applicant (e-mail dated 15 th April 2010): a. The proposed access has been seriously considered and has shown to be the only viable option. The access was chosen to avoid adding congestion to the road which already serves the school, health centre and private housing; b. If commercial timber harvesting is to proceed, they would arrange for the timber to be hauled to Portavadie, therefore turning right from the proposed access and avoiding the single track bridge. This would be a one-off commercial timber harvest of trees planted in 1963 which are already blowing down and need to be harvested. They would endeavour to ensure that timber was extracted with due care and attention at non- peak times; c. Within the first year, an all-abilities path will be installed from just behind the school up to the allotment site. This will take the pressure off the main access by allowing pedestrian access that would be served by the parking behind the school; d. The single track road does not really constitute a bottle-neck as the A8003 is single track for over 100 metres in either direction; e. There are clear sightlines of 100 metres in either direction from the proposed access. ____________________________________________________________________________ (H) PLANNING OBLIGATIONS (i) 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 & Bute Local Plan 2009 LP TRAN 4 states that, in the case of new private accesses, they shall be constructed to incorporate specific standards to function effectively and safely. (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 The proposal involves the formation of a forest access road onto the A8003 within the village of Tighnabruaich. The position and standard of access has been the subject of previous consultation with a representative of the Roads Department. On this basis, the development is considered to be acceptable. ____________________________________________________________________________ (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 Policy LP TRAN 4 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 to the provisions of the Development Plan Not applicable. ____________________________________________________________________________ (T) Need for notification to Scottish Ministers or Historic Scotland: No The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 introduced a requirement to notify Scottish Ministers where a Planning Authority have an interest in development where it would be significantly contrary to the Development Plan for the area. In this case, the Council owns the land over which the access road is to be formed. However, the proposed development is not contrary to the Development Plan. On the basis of the foregoing, it is not considered necessary in this instance to notify the Scottish Ministers of this application should Members be minded to approve the proposal. ____________________________________________________________________________ Author of Report: Steven Gove Date: 5/5/2010 Reviewing Officer: David Eaglesham Date: 5/5/2010 Angus Gilmour Head of Planning CONDITIONS AND REASONS RELATIVE