Agenda item

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services spoke to the terms of the report advising that planning permission was sought for a self catering holiday development to be built and managed by the Applicant company within the site of the former Argyll Wildlife Park to the south of Inveraray.  The proposal lies within an area of ‘sensitive countryside’ and within an Area of Panoramic Quality and given that the proposal is not infill, rounding-off or redevelopment of comparable scale, the proposal requires assessment as a ‘special case’ within the provisions of Policy STRAT DC 5 as linked to Policy LP TOUR 1.  The site also lies within a designated Primary Tourism area where policy LP TOUR 2 applies, in order to safeguard the land for future tourism use.  An Area Capacity Evaluation (ACE) has been carried out and concludes that the form of the development is capable of being assimilated successfully within its landscape setting and is recommended for approval.  The proposal also satisfies two of the relevant criteria for a special case in terms of Policy STRAT DC 5 given that it benefits countryside management and will bring economic benefit.  There have been no objections from consultees or the general public and the proposal is recommended for approval subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

Agreed to approve the Area Capacity Evaluation (ACE) accompanying the application and that it be regarded as a material consideration in the determination of this application and to grant planning permission subject to the following conditions and reasons:-

 

1.        The development shall be implemented in accordance with the details specified within the application dated 12.11.2012 and the approved drawing / document reference numbers 1 to 27 of 27, unless the prior written approval of the planning authority is obtained for other materials/finishes/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.

 

2.        Notwithstanding the provisions of Condition 1, no development shall commence unless details of the proposed foul drainage systems (including details of the proposed package treatment plants and soakaways including provision of soil porosity tests) have been submitted to and approved by the Planning Authority. The drainage shall be installed and operated in accordance with the approved scheme and no unit shall be occupied unless the approved drainage system serving that unit is completed to the satisfaction of the Planning Authority.

 

Reason: In order to ensure that adequate drainage facilities are provided in the interests of amenity and pollution prevention.

 

3.        Notwithstanding the provisions of Condition 1, no development shall commence until a Sustainable Drainage (SuDS) scheme has been submitted to and has been approved in writing by the Planning Authority in consultation with SEPA, and thereafter all work shall be carried out in accordance with the duly approved scheme.

 

Reason: To ensure adequate protection of the water environment from surface water run-off.

 

4.        Notwithstanding the provisions of Condition 1, no development shall commence on site until a detailed Construction Method Statement has been submitted to and been approved in writing by the Planning Authority in consultation with SEPA. The method statement should set out the measures for dealing with soils; earth movements; waste; fuels; and surface water run-off on site during the construction phase and the duly approved measures shall be implemented in full for the duration of construction operations on site.

 

Reason: Due to the proximity of Loch Fyne in the interests of amenity and protection of the water environment in this locality.

 

5.        Prior to development commencing, visibility splays shall be provided and maintained on each side of the new access to the satisfaction of the Local Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. These splays are the triangles of ground bounded on 2 sides by the first 4.5 metres of the centreline of the access driveway (the set back dimension) and the nearside trunk road carriageway measured 215 metres (the y dimension) in both directions from the intersection of the access with the trunk road. In a vertical plane, nothing shall obscure visibility measured from a driver's eye height of between 1.05 metres and 2.00 metres positioned at the set back dimension to an object height of between 0.26 metres and 1.05 metres anywhere along the y dimension.

 

Reason: To ensure that vehicles entering or exiting the access can undertake the manoeuvre safely and with minimum interference to the safety and free flow of traffic on the trunk road.

 

6.        Prior to the occupation of any part of the development, the private spine road, the turning head near unit 2 and the spur to units 7-10 shall be constructed to the satisfaction of the Planning Authority, in consultation with Building Warrant Officers, such that it is a 3.7m wide track and of a construction capable of supporting an axle load of 14 tonnes sufficient for a fire tender to reach within 45m of any unit, the detailed specification of it being first be submitted to that Authority for approval.

 

Reason: In the interest of fire safety.

 

7.        Prior to the occupation of any part of the development the car parking provision and arrangement as shown on the approved plans, or such other comparable arrangement with at least the same number of spaces which may have been agreed in writing in advance by the Planning Authority, shall be constructed and made available for use to the satisfaction of the Planning Authority. Additionally the precise details of a satisfactory turning arrangement for a commercial refuse vehicle either near to the refuse collection point as shown, or within the configuration of the access point to the principal car park, shall be submitted to and be approved by the Planning Authority in consultation with the Roads Engineer. The duly approved details shall be provided to specification prior to initial occupation of any part of the development.

 

Reason: In the interest of highway safety and amenity.

 

8.        Prior to construction of any building hereby approved, the vacant and ruinous structures within the site, with the exception of hardstandings, shall be removed from the site to the satisfaction of the Planning Authority.

 

Reason: In the interest of amenity.

 

9.        Notwithstanding the provisions of Condition 1, no foundation or construction work relevant to any of the 22 holiday letting units shall take place until the proposed location of the relevant unit/building has been pegged out and recorded and its micro-siting agreed in writing by a representative of the Planning Authority. The development shall progress in accordance with such duly agreed details.

 

Reason: In the interest of amenity and protection of visual impact from outside the site.

 

10.    Notwithstanding the provisions of Condition 1, prior to the commencement of construction works in respect of (i) the main accommodation block, (ii) the Orientation building and (iii) the single unit of staff accommodation, details of the proposed finished ground floor level of the respective building relative to an identifiable fixed datum located outwith the application site shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details.

 

Reason: In order to secure an acceptable relationship between the development and its surroundings.

 

11.    Notwithstanding the effect of Condition 1, no development in respect of any building shall commence until samples/details of the following itemised materials to be used in the construction of the development have been submitted to and been approved in writing by the Planning Authority.

 

Units 1-22 and the staff accommodation building: colour of timber windows/door, structural open bracing, and powder coated aluminium frame for glazed screen; and colour if any of preservative for larch decking. Additionally the cladding of the buildings shall be untreated larch as stated and the roofs shall be a sedum blanket unless otherwise agreed in writing by the Planning Authority.

 

The Orientation building: colour of timber windows/door and structural open bracing; specification, defining a round profile and colour of the corrugated steel roof; sample of the stone finishing for the sections of some of the elevations; and colour if any of preservative for larch decking.

 

The Main Accommodation block: colour of timber windows/glazed screens/and doors; sample of the random stone, stone quoins and colour of mortar; colour if any of the feature timber panels; and colour of steel balustrades. Additionally with the exception of the conical roof which shall be completed in natural slate, all other roofs shall comprise a sedum blanket as stated unless otherwise agreed in writing by the Planning Authority.

 

The various parts of the development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority.

 

Reason: In order to integrate the development into its surroundings.

 

12.    The development shall be managed as a single entity and occupied (with the exception of the one unit of staff accommodation) for the purposes of holiday letting, with no unit being occupied by any one person or family group for more than 28 days in any one calendar year. The operator shall maintain a record of site occupancy a copy of which shall be submitted to the Planning Authority on an annual basis.

 

Reason: In order to ensure the development is occupied for the intended purpose, the standard of accommodation and lack of curtilage making it unsuitable for permanent residential accommodation, to maximise benefit to the tourism economy and to ensure that a sense of conformity throughout the site is maintained in the interests of visual amenity, which might not be the case if units became second (holiday) homes.

 

13.    Prior to the development commencing a footpath network plan which shall establish pathway routes through the site connecting with those footpaths/tracks and roads which neighbour the site, shall be submitted to and be approved in writing by the Planning Authority. The duly approved network, or such variation as may be agreed, shall be provided prior to initial occupation of the development.

 

Reason: In the interest of providing appropriate footpath routes.

 

14.    Notwithstanding the effect of Condition 1, details of those sections of footpaths within the application site involving re-grading of land or construction of boardworks, shall be submitted to and be approved in writing by the Planning Authority. Such details shall define changes in the contour arrangements and surfacing materials to be used. All such sections of footpath shall be constructed as duly agreed.

 

Reason: In the interest of the areas visual amenity.

 

15.    Notwithstanding the provisions of Condition 1, no development shall commence until details of boundary treatment have been submitted to and been approved in writing by the Planning Authority.  The details of such works as may be agreed shall be implemented in full prior to the initial occupation of any of the approved buildings.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.

 

16.    Notwithstanding the provisions of Condition 1, no development shall commence until further details of all the soft landscaping works for this woodland site, which shall conform to the general principles specified in the approved plans/documents as attached to this decision, has been further submitted to and been approved in writing by the Planning Authority.  Details of the scheme shall include:

 

i)      An eradication programme of the following invasive species from the site -  and the associated land edged blue, namely Rhododendron, Japanese Knotweed, and Gunnera specifying the period of time during which the programme is to be implemented;

 

ii)    Existing landscaping features and vegetation to be retained, defining such groups of trees and specific trees to be felled. In particular it shall be a requirement that all existing trees on the eastern escarpment with a girth of 400mm or more shall be defined on a plan within two months of this consent or prior to any development commencing whichever is the sooner, specifying those dead, dying or diseased trees which are in need of felling. No tree along the escarpment shall be felled until the Authority has confirmed in writing that it corresponds with the aforementioned description and no other trees within the escarpment shall be felled either at the time of construction or subsequently unless otherwise first agreed in writing by the Planning Authority;

 

iii)   Soft landscaping works, including the location, type and size of each new individual tree and/or shrub. Specifically this shall ensure:

 

(a)        there is additional deciduous tree planting adjacent to the trunk road corridor, particularly to assist in the screening of the Orientation building, and to prevent headlight glare from traffic utilising the spine road near the entrance in times of darkness in respect of traffic on the trunk road;

 

(b)        there is additional deciduous shrub/tree cover at the front of units 1-2 and between the two; at the rear units 5 - 10 and between the two; to the sides of units 19-20 and between the two; to the rear of units 12, 21 and 22; and also to further the integration of the main accommodation block by means of additional planting.

 

All native deciduous trees and shrubs to be used shall be sourced with local origin.

 

(iv)  A programme for completion and subsequent on-going maintenance for the whole site, ensuring this incorporates a management plan to ensure the tendering of the natural regeneration of native deciduous trees occurring, particularly in the landscape block surrounding units 11 and 13-18.        

 

All the soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority.  All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

 

Any trees or plants which within a period of ten years from the completion of the

development die, for whatever reason or are removed or damaged shall be  replaced in the next planting season with others of  the same size and species, unless otherwise agreed in writing with the Planning  Authority.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.

 

17.    Prior to commencement of development, a scheme for the safeguarding of all groups of trees and individual trees identified for retention adjacent to the various construction plots shall be submitted to and be approved by the Planning Authority. The scheme shall comprise a programme of measures for the protection of such trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree / group of in accordance with BS 5837:2005 “Trees in Relation to Construction”.

 

These tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme.

 

Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation.

 

18.    Prior to the installation of any external lighting within the site, which shall be restricted to bollard type lighting units, details of the type, wattage, number and location of lighting units shall be submitted to and approved in writing by the Planning Authority. No external lighting shall be installed except in accordance with the duly approved scheme.

 

Reason: In order to avoid light pollution in the interest of amenity.

 

(Reference: Report by Head of Planning and Regulatory Services dated 3 June 2013, submitted)