Report by Head of Development and Economic Growth
The Senior Planning Officer spoke to the terms of the report. This application is for planning permission in principle. The site is allocated as a Business and Industry site within the adopted Local Development Plan (LDP). The proposals are considered to be in accordance with the allocation of the land within the Local Development Plan and it will be the detail brought forward by Approval of Matters Specified in Conditions applications which will determine the final layout and appearance of the proposals. An objection by SEPA on flooding grounds has been received and as a statutory consultee this is a significant matter which has had to be carefully considered and weighted in the determination of this application. The Council’s Development Policy advisors have carefully considered the proposals against both the adopted LDP and the objectives of the plan and they have advised that the proposals can be supported and raise no objections. The increased flooding associated with the land raising will not cause harm to other users or land, and therefore, the consequences associated with the development proposals do not, in Officer opinion, outweigh the clear benefits associated with the promotion of this much needed business site as detailed at section R of the report of handling.. Officers are of the opinion that an exceptional case has been made and when all matters are considered and given appropriate weight, that in this instance, planning permission should be granted notwithstanding the objection from SEPA on flooding grounds.
It was recommended that planning permission in principle be approved subject to the conditions and reasons detailed in the report and that any such recommendation be referred to the Scottish Ministers for consideration/determination due to the objection from SEPA to the proposals.
The Committee agreed, subject to the following conditions and reasons, that planning permission in principle be approved, contrary to the objection from SEPA on flooding matters, and to notify Scottish Ministers of this intended decision and seek clarification on whether they wish to “call in” the application to allow them to determine it under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009:
1. Plans and particulars of the matters specified in conditions 2, 3, 4, 5, 6, 7, 8, 9,10,11 and 12 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the details contained within the approved plans and particulars.
Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.
2. Pursuant to Condition 1 - no development shall commence until plans and particulars of the site layout, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished ground floor levels relative to an identifiable fixed datum located outwith the application site. Thereafter the development shall be implemented in accordance with the duly approved details which shall have regard to special needs access requirements and protection and enhancement of green networks established by policies SG LDP TRAN 3, and SG LDP ENV 8.
Reason: To ensure that the development has a layout and design which is compatible with its surroundings and in accordance with Local Development Plan policy.
3. Pursuant to Condition 1 - no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. 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; as required by NatureScot in order to minimise disturbance to the SPA;
(iii) Location design and materials of proposed walls, fences and gates;
(iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted. This shall include additional tree planting along the Cardross Road frontage of the site;
(v) A programme for the timing, method of implementation, completion and subsequent on-going maintenance.
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 and to ensure appropriate natural screening to the SPA is retained.
4. Pursuant to Condition 1 - no development or works on site shall be commenced until the following plans and particulars have been submitted to and approved by the Planning Authority in consultation with the Road Network Manager. Thereafter the development shall be carried out in accordance with the approved details. Such details shall incorporate:
(i) A method statement detailing the proposals for safely accessing the development site during the construction phase of each element of the development. Thereafter the construction site access shall proceed in accordance with the approved method statement.
(ii) Details of the new vehicular access to serve the site. This is required to co-ordinate in terms of its location, design and functionality with any approved access for the residential site opposite (Sawmill Fields REF: 19/02604/PP) to ensure that any junction formed is in accordance with the requirements of the Area Roads Engineer. This shall, unless agreed otherwise in writing, comprise a signal controlled junction. This access shall be completed to the satisfaction of the planning authority in consultation with the Area Roads Engineer prior to the occupation of any floorspace associated with this permission;
(iii) The junction design shall accommodate vehicles, pedestrians and cyclists, linking to the existing cycle network.;
(iv) Details of on-site cycle parking and storage shall be provided
Reason: In the interests of road safety.
5. Pursuant to condition 1 - no development shall commence until full details of the internal road layout within the development have been submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Engineer. The internal roads shall be constructed in accordance with the principles of Designing Streets.
Reason: In the interests of road safety and good place making.
6. Pursuant to condition 1 - Unless otherwise agreed in writing by the planning authority, in consultation with the Council's Road Network Manager no permitted floorspace shall be occupied unless and until the existing 30 miles per hour (mph) speed restriction on the A814 has been extended and brought into effect to a location at the eastern end of the site, the exact location to be agreed in consultation with the Council's Road Network Manager.
Reason: In the interests of road safety.
7. Pursuant to condition 1 - Car parking provision shall be provided in accordance with the Argyll and Bute Council supplementary guidance policy SG LDP TRAN 6. Parking provision shall be constructed and made available for use prior to the first occupation to the building(s) to which it relates and shall be maintained thereafter for the parking of vehicles.
Reason: In the interests of road safety.
8. Pursuant to condition 1 - no development 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(s) which it is intended to serve.
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).
9. Pursuant to condition 1 - no development shall commence until a Site Waste Management Plan has been submitted to and approved in writing by the Planning Authority. The provisions of this plan shall be adhered to during the construction period unless any subsequent variation thereof is agreed in writing by the Planning Authority.
Reason: In order to ensure the minimisation of waste generated during construction in accordance with policy SG LDP SERV 5 (b).
10. The details of any further application pursuant to Condition 1 shall be wholly compliant with the recommendation of the Flood Risk Assessment (Dated May 2020 ) submitted in support of the application for planning permission in principle and further submissions (Dated 23.7.21 and 28.10.20) .
Reason: In order to ensure appropriate mitigation for flood risk and the provision of appropriate SuDS compliant surface drainage for the site.
11. Pursuant to condition 1 no development shall commence until full details of the design appearance, landscaping and maintenance regime of the proposed SUDs facility has been submitted to and approved in writing by the Planning Authority.
Reason: In order to ensure that the SUDs facility is both a functional and attractive biodiversity/landscape feature.
12. Pursuant to Condition 1 - No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.
Reason: In order to protect archaeological resources.
13. The class 3/Sui Generis public house use approved shall not exceed either 1000sqm gross floorspace nor the 2150sqm site area indicated within the application submissions.
Reason: To ensure that the scale of the proposal is in accordance with the requirements of SG LDP RET 1 and the sequential approach, and also to ensure future detailed proposals for this designated employment site are brought forward to secure the dominant use of the site for Class 4 business uses in accordance with the LDP allocation and objectives for the site.
14. No development of the class3/sui generis use shall commence until such time as the development of at least one of the indicated two office blocks has also commenced.
Reason: To avoid only a class 3 or sui generis uses coming forward in isolation.
15. Any Class 3, or sui generis public house floorspace developed, shall not:
· Be subdivided into two or more separate planning units
· In respect of any class 3 use, have the ability to utilise any permitted development rights to change from Class 3 to either Class 2 or Class 1 use.
Reason: In order to ensure that the scale and nature of the permitted Class3/sui generis public house use of the site remains in accordance with the requirements of policy SG LDP RET 1, and the recommendations of the Council’s Development Plan Policy Advisor.
16. As set out in the attached Appropriate Assessment, all construction activity shall be scheduled outside the redshank wintering period (i.e. confined to the months of May to August inclusive)
That all of the following measures are adopted –
Prior to any development work commencing during the maximum extent of the redshank wintering months of September to April inclusive, a visual screen should be put in place sufficient to visually obscure all site operations during remediation and development from the point of view of redshank feeding within areas of the SPA out to a distance of 150metres from the site boundary. The visual screening will only be necessary for areas where further site investigation suggests that existing riverside vegetation may currently be inadequate to screen the site up to the top level of the new buildings. Any screens installed should be adequately maintained throughout all development activities taking place during these wintering months.
That all piling during the months of September to April inclusive is undertaken using the Helical Displacement method with no piling undertaken during hours of darkness.
That any site lighting is directed away from the Clyde foreshore/the SPA
That SEPA Guidelines for controlling run off, drainage and pollution are adhered to in full.
Reason: To ensure no unacceptable impacts on the adjoining Inner Clyde Special Protection Area and to accord with the requirements of the Appropriate Assessment findings and recommendations.
(Reference: Report by Head of Development and Economic Growth dated 1 April 2021, submitted)