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 : 10/00978/PP Planning Hierarchy : Local Applicant : Mr and Mrs O’Sullivan Proposal : Widening of existing footpath to form outdoor seating area and siting of canopy and saltire Site Address : Post Office, Marine Road, Port Bannatyne, Isle of Bute ____________________________________________________________________________ DECISION ROUTE (i) Local Government (Scotland) Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission § Widening of existing footpath to form outdoor seating area § Siting of canopy and saltire (ii) Other specified operations § None ____________________________________________________________________________ (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: Planning Permission (09/00107/COU) granted on 25 th March 2009 for the installation of a new front door and partial change of use of post office to food and drink establishment. ____________________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager (report dated 18 th August 2010) No objections subject to conditions. Area Environmental Health Officer No comments received. ____________________________________________________________________________ (E) PUBLICITY: Neighbour notification (closing date 10 th August 2010) and Conservation Area Advert (closing date 20 th August 2010). ____________________________________________________________________________ (F) REPRESENTATIONS: Representations have been received from a total of three people at the time of writing: Owner/Occupier, Flat 2/2, 42 Marine Road, Port Bannatyne, Isle of Bute (letter received 29th July 2010) Alastair Milligan, Flat 2/3, 50 Marine Road, Port Bannatyne, Isle of Bute (letter dated 7 th August 2010) Patricia Milligan, 50 Marine Road, Port Bannatyne, Isle of Bute (letter dated 8th August 2010) A summary of the points raised is as follows: 1) Concern is expressed that the proposal would represent a road safety hazard along a route that involves local bus services, farm traffic, delivery vans, repair, maintenance and emergency vehicles, many large tourist coaches and everyday traffic. Comment: The Area Roads Manager has no objections to the proposal subject to conditions. 2) Concern is expressed that the proposal would adversely affect the inherent and historic character of the historic buildings in Port Bannatyne. Comment : This issue will be addressed in the Assessment section in Annex A. 3) Concern is expressed that the proposal would compromise the residential amenity of the nearby flatted properties by reason of disturbance and noise. Comment: This issue will be addressed in the Assessment section in Annex A. 4) The proper flow of pedestrians passed the Post Office would be interrupted and shoppers to and from the shop could be encouraged to stay in and around the area outside. Comment: It is considered that the manner in which the tables and seats have been positioned would not interrupt the proper flow of pedestrians. ____________________________________________________________________________ (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 ____________________________________________________________________________ (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 and Bute Structure Plan 2002 STRAT DC 1 – Development within the Settlements STRAT DC 9 – Historic Environment and Development Control Argyll & Bute Local Plan 2009 LP ENV 13(a) seeks to ensure that development preserves Listed Buildings or their settings and any features of special architectural or historic interest that they possess. LP ENV 14 presumes against development that does not preserve or enhance the character or appearance of an existing Conservation Area. LP ENV 19 ‘Development Layout, Setting & Design’ requires developers to execute a high standard of setting, layout and design where new developments are proposed. LP BAD 1 seeks to ensure that developments do not have an unacceptable adverse effect upon the amenity of neighbouring properties. (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 Planning Permission is sought for the widening of the pavement in front of the post Office at Marine Road, Port Bannatyne. Two sets of tables and chairs will be placed on the widened pavement which will be enclosed by connected bollards. A canopy is proposed over the window whilst a ‘Saltire’ flag will be installed adjacent to the door of the Post Office. This is a very small-scale operation that would not have a significant visual impact on the Conservation Area or adjacent Listed Buildings. From a road safety perspective, the Area Roads Manager has raised no objections to the proposal. Having due regard to all of the foregoing, the proposal is considered to be acceptable and to accord with the relevant Development Plan policies. ____________________________________________________________________________ (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 policies STRAT DC 1 and STRAT DC 9 Argyll and Bute Structure Plan 2002 and policies LP ENV 13(a), LP ENV 14, LP ENV 19 and LP BAD 1 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 from the provisions of the Development Plan Not applicable ____________________________________________________________________________ (T) Need for notification to Scottish Ministers or Historic Scotland: No ____________________________________________________________________________ Author of Report: Steven Gove Date: 18/8/2010 Reviewing Officer: David Eaglesham Date: 18 /8/2010 Angus Gilmour Head of Planning CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO: 10/00978/PP 1. That the development to which this permission relates must be begun within three years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997) 2. The development shall be implemented in accordance with the approved drawings – Drawing No. LPb; Drawing No. 001b; Drawing No. 011b; Drawing No. 013; Drawing No. 015; and Proposed Pavement Café – Outline Dimensions unless the prior written approval of the Planning Authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 3. The seating area shall not be open except between the hours of 08.00 a.m. and 5.30 p.m. and shall not be visited by members of the public in relation