Issue - meetings

Report by Head of Development and Economic Growth

The Planning Officer for Mid Argyll, Kintyre and the Islands spoke to the terms of the report.  The proposal seeks planning permission for a new, ‘large scale’ industrial distillery and ancillary visitor centre development at a Countryside Management Zone location and partly within the ‘Rural Opportunity Area’ (ROA) Development Management Zone.  The application has attracted 37 representations of which 24 are raising objection to the proposal and one is deemed neutral as an informative and a further 11 in support.  A further response was received late on 22 November 2022 from Catherine Wilson of Port Charlotte, indicating that the whole of the settlement of Port Charlotte should have been neighbour notified which was noted but not in line with procedures.  Issues about the domestic water supply being compromised and concerns regarding ferries, employment, housing and landscape impacts were also raised.   These concerns had previously been raised by other objectors and were addressed in the report. 

A development at this location would not ordinarily be supported by the provisions of policies LDP DM1 and SG LDP BUS2, however, the Applicant has satisfactorily set out a location/operational need for the development at this location in the absence of any readily identifiable, sequentially preferable alternative. 

It is considered that the proposal will deliver sustainable economic development within an ‘economically fragile area’ in a manner which, notwithstanding the concerns expressed by third parties, will not give rise to any unacceptable, or significant adverse effect upon the receiving environment.

LDP Policy DM1 requires an Area Capacity Evaluation (ACE) to be carried out for large scale development within the countryside.  However, this proposal is an EIA (Environmental Impact Assessment) Development which contains a Landscape and Visual impact Assessment undertaken in accordance with The Guidelines for Landscape and Visual Impact Assessment.  This is a more robust analysis which is undertaken by professional landscape architects and in these circumstances an ACE carried out by the Planning Officer is considered to be unnecessary.  Taking account of the above, it is considered that this would represent a justifiable minor departure from Policy LDP DM1.

It was recommended that planning permission be granted as a minor departure from Policy LDP DM1, subject to the conditions and reasons detailed in the report.

Decision

The Committee agreed to grant planning permission as a minor departure from Policy LDP DM1, subject to the following conditions and reasons:

1.    PP - Approved Details & Standard Notes – Non EIA Development

The development shall be implemented in accordance with the details specified on the application form dated 21/12/21; , supporting information and, the approved drawings listed in the table below 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.

Clarification of Use Approved

2.    Notwithstanding the provisions of Condition 1, the buildings hereby approved shall be used solely as production and storage of whisky and other spirit, and attendant administrative and visitor related uses 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 storage building 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.

Roads Conditions

3.    Notwithstanding the provisions of Condition 1,

(i)    The proposed accesses for use by HGV vehicles shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD08/001 Rev a.

(ii)   Junctions which will be used by general vehicles only are to be constructed as per the Council's standard detail drawing ref: SD 08/002 Rev a. with  ...  view the full minutes text for item 5