Issue - meetings

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that the application was for planning permission for the formation of a multi-use/short stay transit marina, plus diesel berth, managers office, provision for small day boats/ribs and limited use for overwintering at Oban Bay, Oban and gave a description of the development. This application follows on from an unimplemented Planning Permission and a subsequent withdrawn application.  This application proposes various amendments to the originally approved development 08/01049/DET which formed the basis of Planning Application 11/02443/PP (since withdrawn), together with further amendments which resulted from consultee and third party feedback to that application.  136 letters of representation had been received; 131 letters in support and 5 of objection. The proposal was consistent with the provisions of the Development Plan and that all other material considerations had been taken into account, including the views of third parties, none of which were of such weight that they could not be overcome by suitable planning conditions.  He advised that approval of the application was recommended subject to the conditions and reasons as detailed in the report.

Decision

Agreed to grant planning permission subject to the following conditions and reasons:-

1.        The proposed development shall be carried out in accordance with the details specified in the application form dated 22^nd March 2012; and the approved drawings numbered: L03 (B) – Site Plan; L-01 (B) – Plan As Proposed; and,  L02 (B) – Sections A-A & B-B As Proposed; and stamped approved by Argyll and Bute Council.

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

2.        The use of the marina shall be restricted to short-stay/transient 60 berth pontoons and no single vessel shall berth at the pontoons for a period longer than 7 days within any calendar month, with the exception of over-wintering vessels, which shall be limited to a maximum number of 20 berths at any one time, which shall only be occupied for such purpose between the beginning of October and the end of March. Vessels over-wintered shall not be used to provide live-aboard residential accommodation.  An up to date detailed log of the arrival and departure of all vessels using the marina shall be kept for the lifetime of the development and shall be made available to the Planning Authority for inspection upon request.

Reason: In accordance with the use applied for, in that a permanent berth marina in this location by reason of lack of onshore facilities and car parking would be unacceptable.

3.        Prior to the use of the pontoon system for the over-wintering of boats, engineering evidence shall be submitted to substantiate the marina’s structural integrity to accommodate 20 boats (maximum length 14 metres) during the over-wintering period provided for by condition 2 above.  This evidence shall be accepted in writing by the Council as Planning Authority prior to any use of the pontoon system for the purposes of over-wintering during that period.

Reason: It has not been confirmed beyond doubt that the marina is designed to a sufficient specification allowing for any additional stress to the pontoon structure when overwintering boats are berthed during storm conditions, in circumstances where loss of integrity could compromise navigational safety.

4.        Prior to commencement of development, a detailed a design & build programme incorporating a site specific Construction Method Statement shall be submitted to and agreed in wring by the Planning Authority in consultation with SEPA, SNH and CMAL. The method statement shall be prepared in consultation with CMAL in its capacity as Statutory Harbour Authority and shall address construction risks and indicate the timing, duration, method and expected noise levels in relation to the proposed piling operations. It shall also address management of waste, control of pollution and minimisation of disturbance to wildlife.  Once agreed, all piling and other construction works shall comply with the duly approved details.

Reason: In the interests of safeguarding amenity and in the interests of nature conservation as insufficient information has been provided in respect to these works and to ensure that Statutory Harbour Authority interests are protected and construction risks are managed effectively.

5.        Prior to commencement of development, a Safe Management System which manages the hazards and risks along with any preparations for emergencies shall be  prepared in accordance with the Department of Transport Marine Safety Code (October 2009) and shall be submitted for the further written approval of the Planning Authority, in consultation with CMAL.  Thereafter, the Safe Management System shall be implemented and maintained in accordance with the final approved details to the satisfaction of the Planning Authority.

Reason: To secure a systematic way of identifying hazards and controlling risks and provide assurance that risk controls are effective in the interests of safety in accordance with the Risk Management Report, developed by Abbott Risk Consulting, May 2011and the Department of Transport Marine Safety Code (October 2009).

6.        The operators of the marina shall participate in any Marine Safety Risk Assessment Workshop as may be convened periodically by the Council on behalf of users of Oban harbour in order to address ongoing issues relating to navigation interests and marine safety. In the event that any specific risks arising from the presence and operation of the marina facilities are identified, the operator should implement any management control measures (physical & operational) identified by the Risk Assessment Workshop, in accordance with details and a programme of implementation to be approved in writing by the Council as Planning Authority immediately following the conclusion of that Risk Assessment Workshop.

Reason: To ensure that the operators of the marina, as stakeholders within Oban harbour, can in partnership with other stakeholders, contribute to the safe development of marine interests in the harbour, and to provide a framework within which future operational risks can be identified and mitigated so as not to risk the future safe operation of the marina and Oban harbour.

7.        Prior to commencement of development, the exact positioning of the external  ...  view the full minutes text for item 10