Issue - meetings

Report by Head of Development and Economic Growth

The Development Manager spoke to the terms of the report and to supplementary reports 1 and 2.  This application was before the Committee for consideration at its meeting on 20 October 2021.  It was agreed at this meeting to continue consideration to a future meeting due a late holding objection received from SEPA which was subsequently withdrawn following the submission of further information from the Applicant to address SEPA’s concerns, as detailed in supplementary report number 2.

The proposal is to build nine warehouses to the north west of the existing distillery and a dunnage warehouse beside the distillery.  A new circuit road system will serve all the warehouses and connect to the existing distillery road and to the main road.  Objections have been received from 4 individuals in addition to a representation received from Michael Russell who submitted a representation at a time when he was still the local MSP.   A summary of the issues raised are detailed at section F of the report.

Reference was made to a couple of minor corrections that were required to be made to the proposed conditions set out in the report of handling.  Following submission of the recently revised drainage layout plan referred to in supplementary report number 2, the table of plans within condition 1 requires to be updated with the 5^th entry changed to Plan reference 19.0382_701 Rev B received November 2021.  Due to a typographical error condition 3 also requires an amendment to confirm that after 20 years it should read that no more than 25% floor space should be made available.  The condition in the report erroneously stated 75%.

The proposal is measured principally against policy LDP DM 1(E) which requires an exceptional case to support a large scale development which is not defined as infill, rounding off, redevelopment or change of use of existing buildings.  Given the site is straddling between a Rural Opportunity Area (ROA) and countryside, and the scale of the works, policy requires an Area Capacity Evaluation (ACE) to be undertaken to assess the site and wider situation of the proposal.  A separate report in this respect has been prepared and attached as Appendix B to the report of handling. 

In summary, it is considered that the proposed development will not have an adverse impact upon the views into Islay from the Jura National Scenic Area or the Sound of Islay.  The proposed development will result in a significant change in the appearance of the local landscape character with the obvious introduction of a substantially larger scale of built development than that which presently exists and also resulting in the loss of improved grazing land which is a prominent feature of the local landscape setting.  The development will, however, deliver boundary tree planting and extensive grasslands proposals which will not only assist in accommodating the development but will considerably strengthen the western edge of another existing key environmental feature in the form of the coastal woodland.  On balance, it is considered that the change to the landscape character may be considered to have a neutral impact upon the quality of the receiving landscape character. 

The proposal satisfies development plan requirements and is it recommended that the ACE be endorsed as a material consideration in the determination of this application and that planning permission be granted subject to the conditions and reasons detailed in the report of handling, including previously advised amendments to conditions 1 and 3.

Decision

The Committee agreed to endorse the Area Capacity Evaluation (ACE) and grant planning permission subject to the following conditions and reasons:

1.    The development shall be implemented in accordance with the details specified on the application form dated 21.12.2020, supporting information and, the approved drawings 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.

2.    Notwithstanding the provisions of Condition 1, the buildings hereby approved shall be used solely as bonded warehousing stores for storage of whisky and other spirit and no other use including any other purpose in Class 6 and Class 4 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.  Furthermore, the buildings hereby approved shall be used solely for the storage of whisky and other spirit distilled on the island of Islay. A detailed inventory of the contents of the building shall be kept and all reasonable opportunity for the inspection of this inventory shall be afforded, by prior arrangement, to any designated representative of the Council in pursuance of their duties in order to ensure compliance with the provisions of this planning condition.

Reason: In order to define the authorised use and to underpin the ‘special need’ argument that underlies the justification for the development as a departure to the Development Plan, and to enable the Planning Authority to control any subsequent change of use which might otherwise benefit from deemed permission that might erode the original justification for the development, and to protect the amenity of the locale.

3.    Notwithstanding the provisions of Condition 1, the development hereby approved shall be used solely for the storage of whisky and other spirit distilled on the island of Islay. After the first ten years of operation no more than 50% of the approved floorspace shall be available for the storage of production from outwith Ardnahoe Distillery, unless otherwise agreed in writing in advance by the Planning Authority.  After a period of 20 years no more than 25% of the floor space shall be made available for non-Ardnahoe products. A detailed inventory of the contents of the building shall be kept and all reasonable opportunity for the inspection of this inventory shall be afforded, by prior arrangement, to any designated representative of the council in pursuance of their duties in order to ensure compliance with the provisions of this planning  ...  view the full minutes text for item 9