Argyll and Bute Council Development & 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 : 13/02855/PP Planning Hierarchy : Local Applicant : Harbro Limited Proposal : Erection of a new Harbro Country Store (sui generis, mixed use development incorporating 200sqm of class 1 retail and 300sqm class 6 storage and distribution with 60sqm of office and staff welfare facilities); works to the Clock Lodge, formation of vehicular access to A83(T) and associated landscape/woodland works. Site Address : Land adjacent to the Clock Lodge, Lochgilphead DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of a Harbro Country Store (sui generis, mixed use development comprising 200sqm class 1 retail, 300sqm storage and distribution, and 60sqm ancillary office/welfare facilities); • Formation of a new vehicular access onto the A83(T); • Formation of onsite parking 16 spaces • Installation of a septic tank (to be deleted as per condition 10) (ii) Other specified operations • Renovation works to the Clock Lodge; • Woodland Management; • Connection to public water main. (B) RECOMMENDATION: 1. In light of the third party representation Members are recommended to convene a discretionary local hearing prior to determination of this application; 2. It is recommended that planning permission be granted as a ‘minor departure’ to the provisions of the development plan, subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: • Transport Scotland (24.12.13) – No objections subject to conditions. • Historic Scotland – No comments received to date, assumed no objections. • Scottish Natural Heritage (10.01.14 & 25.02.14) – No objection but comments • ABC Biodiversity Officer (06.01.14) – No objection but comments • ABC Conservation Officer (28.02.14) – No objections subject to conditions • ABC Core Paths – No response to date. • ABC Development Policy Unit 03.04.14) – No sequentially preferable sites suitable for retail development available. Retail Impact Assessment not required. Emerging LDP seeksto extend the existing range of permissible uses within the existing mixed use allocation to include ‘enabling development’, in recognition of the relationship between the site and the Clock Lodge. There have been no objections to the re-zoning of this land as PDA 3013 in the emergent plan and it may be accorded material weight in the determination of the application. • ABC Environmental Health (24.12.13) – No objections subject to conditions. • ABC Roads (07.01.14) – No objections subject to conditions. • Scottish Water (19.03.14) – No objection, advise that public water supply and waste water treatment have capacity to accommodate the development. • SEPA (13.03.14) – Object to the proposal as submitted given their wish that it be connected to the public sewerage system (D) HISTORY: 13/02856/LIB – Proposed works to make the Clock Lodge wind and watertight – currently pending determination. 03/02165/DET – Refurbishment of Clock Lodge and construction of extension to form archive centre – PER – 19.03.2004 – expired unimplemented. 03/02286/LIB – Refurbishment of the Clock Lodge and construction of extension to form archive and exhibition centre – PER – 01.03.2004 – expired unimplemented. (E) PUBLICITY: The proposal has been advertised having regard to the requirements of Reg. 20 – period for representation expired 10 th January 2014 (F) REPRESENTATIONS: (i) Representations received from: To date representations have been received from 6 parties in support of the proposal, 40 parties raising objection, and 1 further representation which neither supports nor objects to the proposal from a Local Elected Member. Elected Member Representation : Cllr Douglas Philand, Local Member Ward 1 (27.08.14) Support: Sam Emmerich, 9 Ellary Place, Lochgilphead (16.03.14) Richard Gates, 3 Grizedale, Cairnbaan, Lochgilphead (17.03.14) Colin MacKenzie, 36 Dunmor Avenue, Kilmory (06.03.14) Peter Quelch, 6 Glengilp, Ardrishaig (20.03.14) Malcolm Sinclair, 2 Dunans Road, Cairnbaan, Lochgilphead (06.03.14) Caroline Sinclair, Achnacree, Rhubaan Road, Tighnabruaich (15.03.15) Objections: Robert Baxter, 13 Whitegates Road, Lochgilphead (18.02.14) Sarah Blair, 9 Fernoch Crescent, Lochgilphead (18.02.14) Nick Boyle, Jewson Ltd., Bishopton Road, Lochgilphead (10.01.14) Iain Buntain, 1 Royal Mews, Ardrishaig (18.02.14) David Carey, 10 Hillfoot Terrace, Tarbert (18.02.14) The Co-operative Group, c/o GL Hearn Ltd., 16 Gordon Street, Glasgow (15.01.14) Kirsten Eadie, 7 Cnoc Mor Place, Lochgilphead (18.02.14) Michael Everett, Westerlands, Minard (10.01.14) Lena Ferguson, 19 Argyll Street, Lochgilphead (10.01.14) John Frier, Unit 6, Kilmory Industrial Estate, Lochgilphead (10.01.14) Ross Hodson, 22 Poltalloch Street, Lochgilphead (18.02.14) Hilda Knight, 12 Glenfyne Park, Ardrishaig (10.01.14) Eddie MacCallum, Thornwood, Furnace (18.02.14) John McFadden, 27 Fernoch Drive, Lochgilphead (18.02.14) Alasdair B MaGilp, Smithy Lane, Lochgilphead (10.01.14) Archie MacGilp Jnr, 3 Old School House, St Clair Road, Ardrishaig (10.01.14) Archie MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) Barbara MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) Kirsty MacGilp, 40 Glenfyne Park, Ardrishaig (10.01.14) David MacInnes, 32 Fernoch Park, Lochgilphead (10.01.14) John McKellar, 1 Castle Park, Kilmartin (18.02.14) Sheila M McKenzie, 9 Whitegates Court, Lochilphead (13.01.14) MacLeod Construction, c/o GL Hearn Ltd., 16 Gordon Street, Glasgow (14.01.14, 24.01.14, 11.03.14) Greig MacLeod, Barvaltair, Castleton Harbour, By Lochgilphead (18.02.14) Jonathon MacLeod, 4 Blue Rocks, Achnaba, By Lochgilphead (18.02.14) H. McNeill, 41 MacIntyre, Lochgilphead (18.02.14) Robert MacTavish, 7 Cnoc Mor Place, Lochgilphead (10.01.14) Archie MacVicar, 5 Mathieson Place, Lochgilphead (18.02.14) Pat Marshall, 9 Meadows Crescent, Lochgilphead (18.02.14) Mid Argyll Chamber of Commerce, Kilmory Industrial Estate, Lochgilphead (10.01.14) The Occupier, 17 Duncuan View, Ardrishaig (18.02.14) The Occupier, 13 MacDonald Terrace, Lochgilphead (18.02.14) Jill Preston, 3 Old School House, St Clair Road, Ardrishaig (10.01.14) Patsy Preston, 13 Lindleybank, Alness (10.01.14) Neil Rennie, Flat 7, 14 Argyll Street, Lochgilphead (18.02.14) Alex Samborek, 5 Dun Mor Avenue, Lochgilphead, (10.01.14) Stuart Shaw, Cowal Building & Plumbing Supplies Ltd., 10 Jane St., Dunoon (10.01.14) John Sweeny, Dewars Boot Store, Main St East, Inveraray (10.01.14) Karen Wylie, 15 Duntrune Place, Lochgilphead (18.02.14) Jilly Wilson, The Square Peg, Colchester Square, Lochgilphead (10.01.14) (ii) Summary of issues raised: Issues Raised by Local Elected Member: • Cllr Philand has, without expressing support or otherwise for the development, requested that the application be subject to a full independent economic assessment to ensure that the elected Members of the PPSL Committee are fully appraised of the potential impact of these proposals by a company trading nationally upon the interests of small businesses within the Lochgilphead town centre. Comment: Upon further examination of the proposal it has been established that despite the application seeking for permission for over 500sqm of floorspace the business case submitted by the applicant indicates that a maximum of 45sqm of this would be utilised as retail floorspace which might trade in direct competition with the Lochgilphead town centre. Taking into account the fact that the proposal involves a relocation of Harbro’s existing sui generis operation which trades successfully alongside the Lochgilphead town centre from Kilmory Industrial Estate, it is considered that a retail impact assessment to establish the effect of such a small amount of floorspace (45sqm) on Lochgilphead town centre shops as a whole will not provide any useful assessment of impact, given the variables of other forms of trade draw (e.g. other town centres, or internet or catalogue shopping, will also have an effect on this) and is therefore considered unnecessary. Support for the Proposed Development: • The proposal provides a clear opportunity to facilitate the improvement of the Clock Lodge for the benefit of the local community, it is considered that the upgrading of the Clock Lodge will be beneficial to Lochgilphead and will help the town to attract new visitors. It is highlighted that previous attempts by the community to identify a viable use for the Clock Lodge building and fund its restoration have all faltered and it is suggested that the current proposal is an acceptable compromise which provides a viable means of securing the future of the building. Concern is expressed that if Harbro are unsuccessful in their current application that not only might they be lost to the town but so would the opportunity to secure their help in saving the Clock Lodge. • It is contended that the proposal been designed with due consideration for its sensitive location and potential to impact upon the natural environment and the setting of the Clock Lodge. The setting of the Clock Lodge should not be categorised as an important historic landscape as the building has over the years been hemmed in by the High School and residential development. • The Council should be supportive of a proposal which not only seeks to support the expansion of a local business but which would provide a viable means of securing significant improvement to the dilapidated Clock Lodge building. The proposal will be of great benefit to Lochgilphead both in terms of conserving its past and enhancing its economic future. Objections to the Proposed Development : Designation of Site for Community/Tourism/Recreational Use : • Objection is raised to the development of a commercial/industrial development on land which is identified in the Local Plan for tourism and recreational use. Comment: It is agreed that the proposals represent a ‘minor departure’ to the provisions of MU-AL 12/1 in the adopted Local Plan.