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 : 13/00894/PP Planning Hierarchy : Local Applicant : Portavadie Estates Ltd Proposal : Erection of leisure building comprising indoor and outdoor swimming pools, spa facilities, combined restaurant/cafe/bar, gymnasium, reception/retail area, multi-purpose rooms, play areas, offices and associated facilities, construction of new access road, car parking and associated landscaping with an extension of a pedestrian boardwalk to the existing marina facilities (incorporating the submission of a Potential Development Area master plan). Site Address : Portavadie, Millhouse, By Tighnabruaich ____________________________________________________________________________ DECISION ROUTE Local Government (Scotland) Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of leisure building comprising indoor and outdoor swimming pools, spa facilities, combined restaurant/cafe/bar, gymnasium, reception/retail area, multi-purpose rooms, play areas, offices and associated facilities; • Construction of new access road, car parking and associated landscaping; • Installation of new septic tank with connection to existing sea outfall; • Extension of a pedestrian boardwalk to the existing marina facilities. (ii) Other specified operations • Connection to public water main; • Demolition of flat roofed building and seawater tanks. ____________________________________________________________________________ (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, including the Masterplan for PDA 2/38, it is recommended that planning permission be granted subject to the conditions, reasons and informative notes given at the end of this report. ____________________________________________________________________________ (C) HISTORY: Planning Permission (ref: 98/01739/DET) granted in May 1999 for the erection of a storage shed on land at Portavadie. This permission has been implemented. Application for Detailed Planning Permission for the erection of eight dwellings on land to the east of the application site (ref: 01/00185/DET) was withdrawn in December 2005. Planning Permission (ref: 02/00461/DET) granted in August 2002 for the erection of five dwellings on land to the east of the application site. This permission has been implemented. Planning Permission (ref: 04/00003/DET) granted in February 2005 for the erection of a building incorporating office, toilets and showers and the formation of a boat storage area and car park at the marina. This permission has now lapsed. Planning Permission (ref: 04/00118/DET) granted in March 2006 for the erection of three holiday homes on land to the east of the application site. This permission has now lapsed. Planning Permission (ref: 06/01195/DET) granted in November 2006 for the expansion of the marina (maximum 250 berths); the provision of associated shoreside facilities (including offices, changing rooms, restaurant and bar/cafe), 19 letting units, boatyard hardstanding & workshop and new slipway; and the installation of a private sewerage system. This permission has been partially implemented. Planning Permission (ref: 09/01522/PP) granted in February 2010 for the erection of a staff and visitor accommodation block on land 500 metres to the north of the application site. Planning Permission (ref: 10/00362/PP) granted in May 2010 for the change of use of a letting apartment to a retail unit in the first block of accommodation. Planning Permission (ref: 10/01230/PP) granted in October 2010 for an extension to the marina building. Planning Permission (ref: 10/01568/PP) granted in November 2010 for an amendment to Planning Permission 09/01522/PP to change the communal eating area into a Class 3 Food and Drink establishment and the addition of 12 car parking spaces. Planning Permission (ref: 11/00334/PP) granted in May 2011 for an extension to the marina building (retrospective). Planning Permission (ref: 11/00521/PP) granted in 16 th May 2011 for the erection of a marquee and decking (retrospective). Planning Permission (ref: 11/00952/PP) granted in August 2011 for the extension to the retail unit. ____________________________________________________________________________ (D) CONSULTATIONS: Scottish Water (letter dated 30 th May 2013); No objections. There are no public sewers in the vicinity of the proposed development whilst the Tighnabruaich Water treatment Works currently may have the capacity to service the proposed development. Area Roads Manager (report dated 11 th June 2013): No objections. SEPA (letter dated 17 th June 2013): No objection subject to condition relating to the submission of a site specific construction method statement. Public Protection (memo dated 17 th June 2013): No objections in principle but further information required. Technical Officer – Flood Risk (report dated 25 th June 2013): No objections. ____________________________________________________________________________ (E) PUBLICITY: Regulation 20 Advertisement (closing date 28th June 2013) and Masterplan Advert (closing date 26 th July 2013). ____________________________________________________________________________ (F) REPRESENTATIONS: No representations received. ____________________________________________________________________________ (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: Yes A detailed Design Statement has been submitted by Stewart Associates and assesses issues such as site information, site investigation, foul drainage, water, roads and parking, building design and materials, energy and masterplanning. It concludes that the proposal is the most appropriate option for delivering the vision of the applicant for this part of the marina complex. (iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Yes Drainage Layout and Report – Cowal Design Consultants Ltd (April 2013) Road Layout and Sections – Cowal Design Consultants Report on Ground Investigations – Mason Evans, Geo-Environmental Consultants (3 rd June 2013) ____________________________________________________________________________ (H) PLANNING OBLIGATIONS 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 Structure Plan (approved November 2002) STRAT SI 1 – Sustainable Development STRAT DC 1 – Development in Settlements STRAT DC 8 – Landscape and Development Control STRAT DC 10 – Flooding and Land Erosion Objective TOUR 1 – Tourism Argyll & Bute Local Plan (adopted August 2009) Policy LP ENV 1 – Development Impact on the General Environment Policy LP ENV 10 – Development Impact on Areas of Panoramic Quality Policy LP ENV 19 – Development Setting, Layout and Design Policy LP CST 1 – Coastal Development on the Developed Coast (Settlements and Countryside Around Settlements) Policy LP TOUR 1 – Tourist Facilities Policy LP SERV 1 – Private Sewage Treatment Plants and Wastewater Policy LP SERV 4 – Water Supply Policy LP SERV 8 – Flooding and Land Erosion Policy LP TRAN 4 – New and Existing Public Roads and Private Access Regimes Policy LP TRAN 5 – Off Site Highway Improvements Policy LP TRAN 6 – Vehicle Parking Provision Policy LP REC 1 – Sport, Leisure and Recreation (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. PDA Masterplan Planning History Argyll & Bute Council Proposed Local Development Plan ____________________________________________________________________________ (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: No ____________________________________________________________________________ (O) Requirement for a hearing (PAN41 or other): No ____________________________________________________________________________ (P) Assessment and summary of determining issues and