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 2013 relative to applications for Planning Permission or Planning Permission in Principle _________________________________________________________________________ Reference No: 16/00996/PP Planning Hierarchy: Local Application Applicant: Keith and Denice Punler Proposal: Change of use from Class 8 (residential institution) to Class 9 (dwellinghouse), including ancillary housekeepers accommodation and Sui Generis use as a commercial/leisure events venue Site Address: Castle Toward Mansion House (including Walled Gardens and Greenhouse), Toward _________________________________________________________________________ DECISION ROUTE Local Government (Scotland) Act 1973 _________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission Change of use from Class 8 (residential institution) to Sui Generis including use as a commercial / leisure events venue and Class 9 (dwellinghouse), including ancillary housekeeper’s accommodation. (ii) Other specified operations None. _________________________________________________________________________ (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations it is recommended that, subject to a discretionary hearing taking place, planning permission be granted be granted subject to the conditions, reasons and advisory notes set out below. _________________________________________________________________________ (C) HISTORY: Listed Building Consent (ref. 97/00883/LIB) for internal alterations and installation of wheelchair ramp was granted on 25th July 1997 and implemented. Associated applications under consideration An accompanying masterplan proposal (ref. 16/02356/MPLAN) in respect of Strategic Masterplan Area 1/2 and Potential Development Area 2/42 relating to mixed use development (including tourism/leisure/housing/business) and an associated application for Listed Building Consent (ref. 16/01405/LIB) are both before Committee for consideration. _________________________________________________________________________ (D) CONSULTATIONS: Council’s Roads Engineer (response dated 10th May 2016): No objections. The development is accessed from the C10 Glenstriven Road within the National Speed Limit using existing vehicular access which is suitable for the proposed uses. There is an acceptable level of parking within the grounds that should accommodate the proposed events. Council’s Public Protection Officer - (expiry date 16th May 2016): No response. Council’s Access Officer (expiry date 20th May 2016): (responses dated 12th September and 2nd November 2016) Original request for access path information. Updated response comments that the proposed Masterplan will not restrict the use of the Core Path and that the Council has not recognised either of the claimed Public Rights of Way. Further comments regarding future mitigation of potential loss of access or rights of way. Advisory comments. Sportscotland (response dated 13th June 2016): Sport Scotland has supplied advisory comments with respect to the informal use of the garden area for cricket. Scottish Water (expiry date 24th May 2016): No response. South Cowal Community Council (response dated 3rd May 2016): Objection on basis of proposed use different to what the community were told pre-submission and fewer jobs created than originally informed. Other concerns relate to access to the estate. Some non-material concerns have been raised with respect to the sale of the estate and lack of comprehensive approach with piecemeal development instead. _________________________________________________________________________ (E) PUBLICITY: Regulation 20 advert (publication date 6th May 2016, expiry date 27th May 2016). _________________________________________________________________________ (F) REPRESENTATIONS: There have been a total of 50 representations with 25 in support and 25 raising objections. Objectors Letters of objection have been received from the following: 1. Cllr Michael Breslin (e-mail dated 1st May 2016); 2. Mr Brian Dewar, 80A Shore Road, Innellan (2 e-mails dated 10th May 2016); 3. Ian Hodgetts, The Ruberslaw, 105 Shore Road, Innellan (letter dated 10th May 2016); 4. Mrs J Trybis, Stoneywood, Toward (letter dated 11th May 2016); 5. Mr R Trybis, Stoneywood, Toward (letter dated 11th May 2016); 6. Ms Anna Mackenzie, 5/7 Dudley Avenue South, Edinburgh (email dated 11th May 2016); 7. Glyn Collis, Seasgair, Ascog, Isle of Bute (email dated 11th May 2016); 8. Mr Chris. Baker, Achadh-An-Droma, Dervaig, Isle of Mull (email dated 11th May 2016); 9. Mr James Murray, Underwood Cottage, Sandbank (email dated 11th May 2016); 10. Mrs Ann Galliard, Glenshiel, Pier Road, Sandbank (2 emails dated 11th May 2016); 11. Mrs Karen Komurcu, 15 Tigh-Na-Cladach, Dunoon (email dated 11th May 2016); 12. Mr Emlyn Williams, 77a the High Street, Wimbledon Village, London (email dated 11th May 2016); 13. Mrs Norma Murray, Underwood Cottage, Sandbank (email dated 13th May 2016); 14. Mr Alan Stewart, Brackley, Toward, Dunoon (email dated 13th May 2016); 15. Mrs Mary Wooler, 37 Margaret Street, Greenock (email dated 13th May 2016); 16. Mr Ruaridh Pringle, 161 Edward Street, Dunoon (email dated 23rd May 2016); 17. Helen Todd, Ramblers Scotland, Edinburgh (letter dated 20th May 2016); 18. Craig Gilbert, Scottish Rights of Way and Access Society, 24 Annadale Street Edinburgh (letter dated 26th May 2016); 19. Mr Alan Scott, 31 Inverkar Road, Ayr (email dated 2nd June 2016); 20. Ms Kerry Nixon, 11 Vinicombe Street, Glasgow (email dated 12th June 2016); 21. Mr Billy Stewart, Hope Cottage, Gairletter Cottages, Blairmore (email dated 13th June 2016); 22. Mr Brian Nixon, lodge at Hunters Quay Holiday Village (email dated 20th June 2016) ; 23. Carol MacQueen (email dated 21st October 2016); 24. Andrew Cruikshank (email dated 21st October 2016); 25. Jim Langford (email dated 21st October 2016). The concerns raised are summarised below: A change of use to a private dwellinghouse will not offer employment and attract visitors to the area. The public were reassured that the current application would be advantageous to the community. Comment: The proposal offers some employment opportunities and these have been provided by the applicant and are detailed below. In terms of advantages to the community this proposal is one element in the overall strategic approach to the development of the estate. The applicant intends to secure the building and provide a future for it, install footpaths around the estate and secure access to the castle ruins. Previous offers proposed employment opportunities; Comment: Indicative employment details have been submitted as part of the masterplan submission. The circumstances of other offers preceding the sale of the site are not relevant to the consideration of this application. Refer to report below. The proposal lacks a comprehensive development plan and should not be dealt in a piecemeal fashion. Current application should not be dealt with until a full masterplan is submitted; Comment: A masterplan proposal (ref. 16/02356/MPLAN) was submitted on 22nd August 2016 for indicative development of the entire Potential Development Area (PDA) and Strategic Masterplan Area (SMA), together with an application for Listed Building Consent (ref. 16/01405/LIB) for all external and internal alterations to the mansion house. These applications will be considered by committee at the same time. Plans greatly restrict access to parts of the estate and prevent use of Rights of Way that run through the property; A valuable local resource will be lost if the public are denied access to the estate; Whilst Ramblers Scotland does not object in principle to the change of use of the building, they consider that the use will have an impact on the current levels of access to this area. The developers are therefore requested to submit an access plan to be developed with the council and local community and should be include as a planning condition if the application is approved. The Scottish Rights of Way and Access Society object on the basis of inconclusive evidence to support an existing right of way through the estate which should be preserved by an access management plan and planning condition. Comment: There is one recognised right of way through the estate which is the core path. There may be other suggested routes but the council has taken a legal position in this instance. Furthermore information is contained with the assessment below. Issues concerning the prospective sale of the site by the Council and the South Cowal Community Development Corporation; Comment: Circumstances surrounding the sale of the site are not material planning considerations. Huge security costs to safeguard the building pre-sale. Comment: This is not a material planning consideration. Supporters Letters of support have been received from the following: 1. Mr Angus MacDonald, 11 Hunter Street, Kirn, Dunoon (email dated 23rd May 2016); 2. Mrs Mary MacDonald, 11 Hunter Street, Kirn, Dunoon (email dated 23rd May 2016); 3. Mrs Kristina Foskett, 16 Willow Crescent, Rosyth (email dated 24th May 2016); 4. Mrs Fiona McLauchlan, 2 Sandhaven, Sandbank (email dated 24th May 2016); 5. Mr Nigel Bird 2, Craigford Cottages, Pirnhall, Stirling (email dated 24th May 2016); 6. Mr