Agenda item

Report by Head of Planning, Housing and Regulatory Services

Before the Senior Planning Officer presented the application the Head of Governance and Law requested the agreement of the Committee to alter the previously approved Minute of the Hearing held in respect of this application to include reference to Mr Black, one of the objectors, raising a concern about his view on a requirement for the Chair to declare an interest.  Mr Black was advised that the declaration of an interest was for an individual Member to determine and that his concern would be noted in the Minute.  The Committee agreed to this amendment to the Minute of the Planning, Protective Services Committee held on 19 November 2018.

 

The Chair then referred to late submissions received from Helensburgh Community Council and Helensburgh and Lomond Chamber of Commerce which were both tabled at the meeting.

 

Once the Committee were given time to read over these late submissions along with the late publication of supplementary report number 5, the Senior Planning Officer spoke to the terms of the report and, in particular, drew Members’ attention to supplementary reports number 4 and 5.  Supplementary report number 4 advised Members of additional matters following continuation of the application by the Committee on 19 December 2018.  As requested by the Committee the Applicant had submitted further information to address the reasons for continuing the Application.   Supplementary report number 5 referred to the receipt of a Memo from Helensburgh Community Council dated 10 January 2019 along with further submissions from the Applicant and Helensburgh Community Council following a meeting between the two parties on 16 January 2019.

 

In summary it remains the view of Officers that the proposal is in accordance with the policies of the adopted Local Development Plan and the approved 2012 Masterplan.  There have been no objections from statutory consultees other than Helensburgh Community Council.  The proposal fulfils its role as a landmark building on this prominent and important site.  The new leisure facility will provide benefits for the whole community and also tourists and visitors to the town.  No technical objections are raised on flooding matters which have now been fully addressed using the most up to date climate change information to inform the amended flood defence measures proposed.  On this basis the Senior Planning Officer recommended that planning permission be granted subject to the revised conditions 1 – 10 and 12 – 15 appended to supplementary report number 2 and to the amended condition 11 detailed in supplementary report number 5.

 

Motion

 

To agree to grant planning permission subject to the conditions referred to by the Planning Officer.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Alastair Redman

 

Amendment

 

To agree to continue consideration of the application to enable Members to investigate options for framing a competent Motion to refuse the application based on flooding, drainage and design issues.

 

Moved by Councillor George Freeman, seconded by Councillor Lorna Douglas

 

The Motion was carried by 6 votes to 2 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to 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 20.7.2018 and the approved drawing reference numbers

 

1251-DB3-B01-01-DR-A-2000           Basement Plan

1251-DB3-B01-01-DR-A-2001           Ground Floor Plan

1251-DB3-B01-01-DR-A-2002           First Floor Plan

1251-DB3-B01-01-DR-A-2003           Roof Plan

1251-DB3-B01-ZZ-DR-A-20200         Proposed Elevations

1251-DB3-B01-ZZ-DR-A-20301         General Sections 1

1251-DB3-B01-ZZ-DR-A-20302         General Sections 2

1251-DB3-B01-ZZ-DR-A-90000         Site Location Plan

1251-DB3-B01-ZZ-DR-A-90001         Existing Site Plan

1251-DB3-B01-ZZ-DR-A-90002         Proposed Site Plan Rev E

1251-DB3-B01-ZZ-DR-A-90003         Existing Site Sections

1251-DB3-B01-ZZ-DR-A-90004         Proposed Site Sections

00045-02-003E                                   Proposed Site Plan

00045-02-004F                                    Proposed Sections

00045-02-005F                                    Site Sections

00045-02-006H                                   Alternate Indicative Method of Construction

00045-02-007B                                   South-West Slipway Section

00045-02-008B                                   Proposed East Slipway

00045-02-009D                                   Flood Defence Construction Sequence

00045-02-010C                                   Retaining Wall and Sections

00045-02-011B                                   Outline Traffic Management Plan

1450-01/D                                           Landscape Proposals West Boundary and Pier

1450-02/E                                            Landscape Layout and Finishes

1450-03/B                                            Soft works Specifications

1450-04/C                                           Landscape Layout Waterfront Walkway

1450-05/A                                            West Boundary and Pier Sections

1450-06/B                                            Landscape Layout West Clyde Street

G17050_281_2                                   Existing Drainage Layout

G17050_281_3                                   Preliminary Drainage Strategy Layout and SuDS

G17050_200                                       Proposed Surface Water Drainage Layout

Entrance Visual                                   3D Image

South Context Visual                          3D Image

West Elevation Visual                         3D Image

Existing Swimming Pool                     1 of 3

Existing Swimming Pool                     2 of 3

Existing Swimming Pool                     3 of 3

1251-DB3-B01-EX-DR-E-63 01         Proposed External Lighting Scheme

1251-DB3-B01-EX-DR-E-63 02         Proposed External Lighting Scheme

 

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.            Prior to development commencing, an Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority. The Plan shall address requirements arising from the construction phases of the development and shall inform the production of construction method statements. This shall include details of the following:

 

·                A  construction method statement to demonstrate how potential impacts on otters and their safety shall be incorporated into normal site working practices and having regard to the recommendation contained in the Protected Species Survey Report

·                In the event that piling is required a noise impact assessment on Marine Mammals together with proposed mechanisms to mitigate any identified adverse impacts

·                A ground works phasing and waste management plan associated with movement/storage of all waste materials.

·                Details of the location of construction compounds to be formed

·                Details of the number of existing parking spaces lost at each main construction phase of the development in order to minimise the loss of existing parking during construction.

·                Details of any external lighting to be used during construction

·                Full land restoration details; to ensure that the land within the application site where it has been physically altered by the construction of the development or demolition of existing buildings/structures and the ground level raised, is restored to an acceptable appearance.

·                Details of arrangements to retain access for emergency services to the far southern pier head area delineated as area 16 in the proposed site plan.

·                Adherence to the requirements of any other submitted and approved details and other conditions

 

The development shall be implemented in accordance with the duly approved Environmental Management Plan unless any variation thereof is agreed in writing by the Planning Authority. 

 

Reason: To ensure unacceptable environmental, wildlife or amenity consequences do not arise due to the construction of the development and appropriate mitigation measures, where required, are implemented.

 

3.         No development shall be commenced until the following plans and particulars have been submitted to and approved in writing by the Planning Authority in consultation with the Head of Roads. Thereafter the development shall be implemented in accordance with the approved details. Such details shall incorporate:

(i)      A detailed construction method statement including the construction phasing and the material delivery plan.

(ii)      The interim car parking arrangements to address the loss of existing parking provision during the construction phases.

 

Reason: In the interests of roads safety and to maximise available parking spaces availability during construction.

 

4.         No public use of the building shall commence until a minimum of 155 parking spaces (including disabled spaces) and all vehicular servicing areas associated with the operational use of the building have been provided in accordance with the details hereby approved. Thereafter the remaining parking spaces shall be provided within 12 months of the building being first brought into use.

 

Reason: In the interests of roads and pedestrian safety and to ensure that there is sufficient parking to support the leisure facility and town centre.

 

5.         Notwithstanding the effect of condition 1, no development shall commence until samples and/or full details of materials to be used in the construction of:

 

(i)         external material finishes of the building

(ii)        any other  visible walls/retaining structures to be constructed;

(iii)        roads and parking areas;

(iv)       footpaths;

(v)        shared surfaces

 

            have been submitted to and agreed 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 secure the use of appropriate materials in the interests of visual amenity.

 

6.         No occupation of the approved building shall commence until details for the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick-up by refuse collection vehicles, have been submitted to and approved in writing by the Planning Authority.  Thereafter the duly approved provision shall be implemented prior to the first occupation of the building.

 

Reason:  In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with Policy SG LDP SERV 5(b).

 

7.         Details the specific species and size/mix/numbers of the proposed planting throughout the site on those areas identified to be landscaped shall be submitted for the written approval of the Planning Authority in consultation with the Biodiversity Officer within six months of the date of this permission, together with details of the proposed maintenance regime associated with the planting and clarifying the parties responsible for such future maintenance.  Thereafter the duly approved planting shall be implemented in the first available planting season following the substantial completion of the development. Any planting which fails to become established, dies, becomes seriously diseased or is removed within the first 12 months of having been planting shall be replaced in the following planting season with equivalent sizes and species as those originally required to be planted.

 

Reason: In the interests of amenity and biodiversity.

           

8.         No construction plant and/or machinery shall be operated on the site outwith the following times: 08.00 – 18:00 Monday – Friday, 08:00 – 13:00 Saturday. No construction plant and /or machinery shall be operated  at any time on Sundays, Bank or Public Holidays unless otherwise approved in writing by the Planning Authority in consultation with Environmental Protection.

 

            Reason:  In order to control noise nuisance in the interest of amenity.

 

9.         Prior to commencement of development, full details of all external lighting shall be submitted to and approved in writing by the Planning Authority. 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.  Thereafter the development shall be completed in accordance with these details

 

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

 

10.       Notwithstanding the provisions of Condition 1, the development shall be implemented in accordance with the flooding amelioration details and recommendations set out in the  Kaya Flood Risk Assessment (December 2018) and approved plans; 00045-02/004F, 00045-02/005F, 00045-02-006H, 00045-02-007B, 00045-02-10C and 1450-04/B

 

            1. Finished floor level of the main building to be at least 5.4 mAOD. Finished floor level of the plant room to be at least 4.7 mAOD. The plant room shall incorporate additional flood mitigation measures including raised equipment and a flood proof access door. Details of the flood proof access door shall be submitted to the Planning Authority for their written approval prior to the use of the building commencing.

 

2. The site operator(s) of the building, car park, and coastal defences shall maintain the approved flood mitigation measures through the lifetime of the development.

 

3.  A severe weather plan shall be developed, and thereafter implemented by the site operator(s) of the building, car park and pathways adjacent to the coastal defences prior to the use of these areas by members of the public. This shall include actions to be undertaken in the event of forecast or actual severe weather (including high winds and flooding) such as closure of the public footway at the flood defences, management of the plant room fire exit door during a severe weather event, and safe evacuation of the site. Full details of this plan shall be submitted to and approved in writing by the Planning Authority prior to the building and other land being brought into use by members of the public.

 

Reason: In order to ensure appropriate mitigation for flood risk and to safeguard public safety.

 

11.       Prior to development commencing, details of the intended means of surface water drainage to serve the development, and in particular the land adjacent to the sea wall defences, shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA. The duly approved scheme shall be implemented in full concurrently with the construction of the development and shall be operational prior to the occupation of the development and maintained as such thereafter.

 

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

 

12.       Prior to the first occupation of the building, a comprehensive Green Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The Travel Plan shall include details of:

 

i)                    The proposed monitoring schedule and reporting procedures;

ii)                  The management of the Travel Plan identifying the persons responsible for implementation;

iii)                Proposed pedestrian and cycle infrastructure within the site and connections to existing networks;

iv)                Cycle parking provision and location within the site;

v)                  Measures to improve public transport facilities;

vi)                Initiatives such as, electric car facilities, car share scheme and flexible working;

vii)              Employee locker facilities;

viii)            Travel information to be provided within the site.

 

Thereafter the provisions of the plan shall be implemented as part of the operation of the approved development.

Reason: To ensure an appropriate level of public transport infrastructure is available to residents of the new development.

 

13.       Prior to commencement of development, an assessment of the condition of the land shall be undertaken, submitted and approved in writing by the Planning Authority. The assessment shall determine the nature and extent of any contamination on the site and identify any potential risks to human health, the water environment, property or designated ecological sites.

 

Where contamination is identified, then a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared and be subject to the approval in writing of the Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

Any approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development with the exception of those actions required to carry out remediation unless otherwise agreed in writing by the Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation must be produced, and is subject to the approval in writing of the Planning Authority.

 

Reason: In order to ensure that contamination issues on the site have been fully investigated and remediated.

 

14.  The level of noise emanating from the site following commencement of the permitted use shall not exceed the established background noise level LAeq (90) at the survey location by more than 5dB(A) unless otherwise approved in writing by the Planning Authority. Any plant and machinery should not produce any noise that has a distinguishable, discrete, continuous note or distinctive impulses.

 

Reason: In order to avoid noise nuisance in the interest of amenity.

 

15. Prior to the removal of the existing skate park, details of the proposed temporary skate park to be reinstated following the raising of the land shall be submitted to and approved in writing by the Planning Authority. These details shall include the location and type of equipment to be reinstated and timescales for the reinstatement of this facility which should be adhered to unless as otherwise agreed in writing.

 

Reason: To ensure the continued provision of a skate park facility until an application relating to a permanent new facility is submitted and approved

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 9 October 2018, supplementary report number 1, supplementary report number 2 dated 12 December 2018, supplementary report number 3 dated 18 December 2018, supplementary report number 4 dated 4 January 2019 and supplementary report number 5 dated 22 January 2019, submitted, additional submissions from Helensburgh Community Council and Helensburgh and Lomond Chamber of Commerce dated 22 January 2019, tabled)