2 10/338 Perth and Kinross Council Council – 16 June 2010 Report of Handling by Development Quality Manager Redevelopment of estate to provide exclusive private members’ club incorporating a luxury hotel development with health spa, clinic, leisure and retail facilities, two 18 hole golf courses, clubhouse and ancillary facilities broch development and loch side restaurant, lochside housing and club members’ housing, staff accommodation, access and parking, landscaping and associated works, Dall House, Dall, Rannoch, Pitlochry PH17 2QH Ref. No: 09/01273/IPM Ward No: 4 - Highland Summary This report recommends refusal of the application for planning permission in principle for the development of an exclusive luxury hotel, spa, clinic, broch development, lochside housing with leisure and retail facilities and two golf courses, as the development is considered to be contrary to the Development Plan and national policy and guidance. BACKGROUND AND DESCRIPTION 1 The application site comprises Dall House and related grounds, and substantial areas of commercial forestry currently owned by the Forestry Commission. The site totals some 430 hectares with 48 ha currently being estate grounds. Dall House is located on the south shore of Loch Rannoch. The House itself is listed Category B as being of special architectural or historic interest. The landscaped grounds are open from the house northwards towards the loch, allowing the House a generous outlook and affording the Scots baronial mansion appropriate setting. 2 Although the application has been made in outline there are a number of specific elements proposed as part of the development. These are shown in the supporting, indicative information submitted along with the application. The main elements include: • Luxury hotel (5 levels including sub-terrainian) and associated reception areas, bar lounges, restaurant and function suites with 104 suites and hotel staff accommodation (68 self contained units); • State-of-the-art health spa (incorporating 10 suites); • Body enhancement clinic; • Concert hall; • Loch side restaurant; 1 • Iconic broch restaurant located in Loch Rannoch (7 storey including underwater restaurant), linked by walkway; • Luxury accommodation in broch (10 suites); • Exclusive members’ retail area with luxury retail and specialist outlets (30 or more outlets); • two 18 hole golf courses, clubhouse and training fairways; • Clubhouse and golf shop; • 94 residential units; • 7 loch side houses; • Staff accommodation blocks; • Access and Car parking areas. 3 Further information on each of the elements proposed is contained within the submitted Supporting Planning Statement lodged with the planning application. 4 A Proposals and Design Statement has been submitted along with the planning application. This shows numerous illustrations and drawings for many of the buildings proposed. As the application is submitted in principle only no formal consideration can be given to the designs lodged at this stage. 5 It is stated in the Planning Statement that the ambition of the redevelopment is to create a world-class, private members’ resort. Other supporting documents clarify that the development is predicated upon targeting the world’s highest net worth individuals in an exclusive private club environment that will maintain exclusivity and ensure privacy and security. The minimum liquid assess net worth of individuals would be set at £100 million. Membership fees would be £2 million with annual dues of £500,000. 6 This planning application was screened to determine whether an Environmental Impact Assessment (EIA) was required. In terms of the Environmental Assessment (Scotland) Regulations 1999, the proposed development breaches the threshold of Schedule 2, 12(c) Tourism and Leisure relating to hotel complexes outside urban areas where the area of development exceeds 0.5 hectares. Within the terms of Schedule 3, by virtue of the characteristics of the development, the location of the development and the characteristics of the potential impacts of the development, the development is considered to be of such a nature as to require an EIA to be carried out with the resultant Environmental Statement (ES) submitted with the associated planning application. An ES with associated appendices was submitted in respect of the current application for planning permission in principle. 7 Part of application site falls within the Black Wood of Rannoch designation under the Ancient Woodlands Inventory. Other parts of the site are covered by designations relating to the River Tay Special Area of Conservation and Black Wood of Rannoch Site of Special Scientific Interest. The whole application site and wider area lies within designated Breadalbane Environmentally Sensitive Area and Loch Rannoch and Glen Lyon National Scenic Area. 2 8 There are numerous sites of archaeological interest within the application site boundary. There are a couple of asserted Rights of Way crossing the application site with a further few draft core paths routed within the site boundary. ADDITIONAL INFORMATION 9 As can be seen below, a number of statutory consultee responses requested the clarification of a number of matters, and in accordance with the Environmental Impact Assessment (Scotland) Regulations 1999, additional information to satisfy the concerns raised in consultation responses was requested of the applicant’s agent in October 2009. It was made clear at that time that the information was essential to allow the full and proper consideration of the application. The applicant was asked to submit the information within a three month period, i.e. before the end of January 2010. No further information has been received from the applicant or his agent. HIERARCHY OF APPLICATIONS 10 The proposal constitutes a ‘major’ application under the terms of the new Town & County Planning Hierarchy of Development Regulations (2009). However, as the application was submitted prior to the 3 August 2009, there was no statutory requirement for the applicant to go through the Pre-Application Notification Process for the current application. Notwithstanding this, the applicant has held various meetings prior to the formal lodging of this application involving the community and the Community Council. NATIONAL POLICY AND GUIDANCE Scottish Planning Policy 2010 11 This SPP is a statement of Scottish Government policy on land use planning and contains: • the Scottish Government’s view of the purpose of planning, • the core principles for the operation of the system and the objectives for key parts of the system, • statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006, • concise subject planning policies, including the implications for development planning and development management, and • the Scottish Government’s expectations of the intended outcomes of the planning system. Of relevance to this application are Subject Policies Paragraphs 45-51: Economic Development Paragraphs 78-95: Housing Paragraphs 92-97: Rural Development Paragraphs 110-124: Historic Environment 3 Paragraphs 113 -114: Listed Buildings Paragraphs 125-148: Landscape and Natural Heritage Paragraphs 142 -145: Protected Species Paragraphs 165-181: Transport Paragraphs 196-211: Flooding and Drainage 12 The SPP also states the Scottish Government’s expectations regarding community engagement, sustainable economic growth and sustainable development. Scottish Historic Environment Policy (October 2008) 13 Historic Scotland's SHEP confirms Scottish Ministers are committed to the sustainable use and management of the historic environment. Listing is applied to afford protection, where possible, to buildings of special architectural or historic interest for future generations. DEVELOPMENT PLAN 14 The Development Plan for the area comprises the Approved Perth and Kinross Structure Plan 2003 and the Adopted Highland Area Local Plan 2000. Perth and Kinross Structure Plan 2003 15 Strategy 3: The Upland Area seeks to support diversification and to sustain fragile communities by, in part, encouraging most development to locate in former burghs and large villages where transport links are good, allow for economic development in support of fragile communities, safeguarding nationally and locally important natural and cultural resources and promoting the use and development of the Tayside Landscape Character Assessment. The principal relevant policies are in summary: - Sustainable Communities Policy 9 16 Local Plans will ensure new development makes positive contribution to character/quality of built environment, contributes to sustainable development and encourages re-use of vacant Buildings Sustainable Economy Policy 3 17 Support will be given to measures which promote an integrated flexible and innovative approach to rural development which encompass economic, social and environmental considerations and which: • maintain or enhance local employment opportunities. • promote diversification. • help sustain viable rural communities and services. • introduce new technologies to rural areas (including information and telecommunications technology and renewable energy schemes.) 4 Sustainable Economy Policy 9 18 Local plans will encourage the sustainable development of the tourist industry in Perth and Kinross. Sustainable Economy Policy 10 19 Measures that seek to expand business tourism and conference market will be supported, in particular those that are well related to the public transport network. Environment