Agenda item

Report by Head of Planning and Regulatory Services

 

The Area Team Leader spoke to the terms of the report advising that the proposal related to development located within the ‘Countryside Around Settlement’ lying adjacent to the Inveraray ‘Settlement area’ to which the provisions of STRAT DC 2 set out a presumption in principle against development.  This designation is, however, superseded by the uncontested emergent provisions of the Argyll and proposed Local Development Plan which sets out the Council’s intent to subsume the current Housing Allocation within a larger Mixed Use Allocation (MU 3001) within which support in principle was afforded for up to 150 dwelling units subject to a masterplan for designation MAST 1/5 having already been endorsed by the Council.  An initial Framework for the masterplan area, along with a Phase I development brief was endorsed by PPSL on 18 June 2014.  A Phase II masterplan document produced by Argyll Estates has also been endorsed by the PPSL Committee today.  This proposal sets out a ‘medium scale’ retail development of 420sqm gross retail floor space which is intended to be operated by the Co-op as a replacement for their existing town centre store.  Whilst the proposal is considered to be contrary to the provisions of polices STRAT DC 2 of the Argyll and Bute Structure Plan 2002 and LP RET 4 of the adopted Argyll and Bute Local Plan 2009 it is considered appropriate at this time to afford greater material weight to the uncontested provisions of the emergent Argyll and Bute proposed Local Development Plan (Feb 2013).  It is therefore recommended that planning permission be granted as a ‘minor departure’ to the provisions of the adopted Local Plan subject to conditions and reasons set out in the report of handling.

 

Motion

 

To agree the recommendations as contained within the report by the Head of Planning and Regulatory Services.

 

Moved Councillor Kinniburgh, seconded Councillor Taylor.

 

The Chair ruled and the Committee agreed to adjourn for five minutes to allow Councillor Colville to prepare a competent amendment.

 

Amendment

 

To continue consideration of the application to allow further discussions to take place between the developer and the Planning Authority in respect of the appearance and design of the building to seek to more closely reflect the character of the conservation area.

 

Moved Councillor Colville, seconded Councillor Blair.

 

Decision

 

On a show of hands vote the Motion was carried by 9 votes to 3 and the Committee resolved as follows -

 

Agreed to grant planning permission as a ‘minor departure’ to the adopted Argyll and Bute Local Plan 2009 subject to the following conditions and reasons:-

 

1.        The development shall be implemented in accordance with the details specified on the application form dated 19^th August 2014 and the approved drawing reference numbers 1/6 – 6/6 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 effect of Condition 1, no development shall commence until samples of materials to be used in the construction of external wall finishes, roof coverings, skew/masonry details have been submitted to and approved in writing by the Planning Authority. 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.

 

3.        Notwithstanding the effect of Condition 1, no development shall commence until 1:100 scale plans confirming the position and dimensions of window and door units to be installed in the development, and 1:20 scale plans providing details of the proposed window and door units, their colour finishes and material have been submitted to and approved in writing by the Planning Authority. Thereafter the development shall be completed in accordance with the approved details or such alternatives as may be agreed in writing with the Planning Authority.

 

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

 

4.        No development shall commence until details of all rainwater goods to be installed in the development have been submitted to and approved in writing by the Planning Authority. Thereafter the development shall be completed in accordance with the approved details or such alternatives as may be agreed in writing with the Planning Authority.

 

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

 

5.        Notwithstanding the provisions of Condition 1, the finished ground floor level of the development shall be 5.725m relative to Ordnance Datum unless otherwise agreed in writing by the Planning Authority.

 

Reason: In order to ensure appropriate mitigation for flood risk and to ensure an acceptable relationship between the development and its surroundings.

 

6.        No development shall commence until a scheme of boundary treatment, surface treatment, landscaping and public realm works has been submitted to and approved in writing by the Planning Authority, in consultation with Roads & Amenity Services. The scheme shall comprise a planting plan and schedule which shall include details of:

 

i)        Existing and proposed ground levels in relation to an identified fixed datum;

ii)      Existing landscaping features and vegetation to be retained;

iii)     Location design and materials of proposed walls, fences and gates;

iv)    Surface treatment of proposed means of access and hardstanding areas;

v)      Specification of any street furniture to be provided;

vi)    Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted;

vii)   A programme for the timing, method of implementation, completion and subsequent on-going maintenance.

 

The submission shall include proposals for the provision of public realm improvement works along the eastern edge of the Avenue car park within the application site boundary, and landscape/surface treatment to be applied to the re-aligned section of the Avenue car park.

 

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority.

 

Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority.

 

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

 

7.        External storage within the planning unit shall only take place on land designated for such purpose and which has the prior written approval of the Planning Authority.

 

A request for the written approval of the Planning Authority shall include the extent and location of the proposed storage area(s), the types of materials to be stored, maximum stacking heights and details of any means of enclosure required.

 

Reason: In order to protect the amenity of the locale.

 

8.        The proposed access shall join the trunk road at a junction which shall be constructed by the applicant to a standard as described in the  Department of Transport Advice Note TD 41/95 (Vehicular Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with layout 3. The junction shall be constructed in accordance with details that shall be submitted and approved by the Planning Authority, after consultation with Transport Scotland, as the Trunk Road Authority, before any part of the development is commenced.

 

Reason: To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished.

 

9.        Visibility splays shall be provided and maintained on each side of the access onto the A83(T) to the satisfaction of the local Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. These splays are 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 70 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 2.0 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 existing the access can undertake the manoeuvre safely and with minimum interference to the safety and freeflow of traffic on the trunk road.

 

10.    Notwithstanding the provisions of Condition 1, the access serving the site shall be a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984 which shall be constructed in consultation with the Council’s Roads Engineers.

 

Reason: In the interests of road safety to ensure the provision of a road commensurate to the scale of development.

 

11.    Notwithstanding the provisions of Condition 1, the proposed access from the retail store car park onto the prospectively adoptable standard road shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/002 Rev a. and visibility splays of 2.4 metres to point X by 42.0 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

12.    Notwithstanding the provisions of Condition 1, the proposed access from the retail store service area onto the prospectively adoptable standard road shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/002 Rev a. and visibility splays of 2.4 metres to point X by 42.0 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

13.    The parking and turning areas shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interest of road safety.

 

14.    No development shall commence until, a Traffic Management Plan has been submitted for the written approval of the Planning Authority in consultation with the Roads Authority. The Plan shall detail approved access routes, agreed operational practices (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, reporting of verge damage) and shall provide for the provision of an appropriate Code of Practice to drivers of construction and delivery vehicles.  The development shall be implemented in accordance with the duly approved Traffic Management Plan.

 

Reason: To address abnormal traffic associated with the development in the interests of road safety.

 

15.    No development or ground breaking works shall commence until an Archaeological Mitigation Strategy has been submitted to and approved in writing by the Planning Authority in accordance with a brief which has been the subject of prior agreement with the West of Scotland Archaeology Service.

 

The Archaeological Mitigation Strategy shall be prepared by a suitably qualified person and shall provide that all significant archaeological remains are preserved in situ with provision for the recording and recovery of archaeological resources within the development site.

 

Thereafter the development shall be implemented in accordance with the duly approved Archaeological Mitigation Strategy unless otherwise approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service.

 

Reason: In order to protect archaeological resources.

 

16.    All construction works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Council, shall be carried out only between the hours of 08.00 and 18.00 on Mondays to Fridays and between the hours of 09.00 and 13.00 on Saturdays.

 

Reason: In order to protect the amenities of the area from noise disturbance.

 

17.    Large goods vehicles shall not enter or leave the application site, nor shall deliveries be transferred between the store and vehicles, except between the hours of 07.00 hours and 18.00 hours Mondays to Saturdays and 10.00 and 16.00 on Sundays.

 

Reason: In order to protect the amenities of the area from noise disturbance.

 

18.    No development shall commence until full details of any external lighting to be used within the site has been submitted to and approved in writing by the Planning Authority. Lighting proposals shall be designed having regard to the Scottish Executive Guidance Note Controlling Light Pollution and Reducing Light Energy Consumption. Such details shall include the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

 

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.

 

19.    Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C697. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

 

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

(Reference: Report by Head of Planning and Regulatory Services dated 12 September 2014, submitted)