Agenda item

Report by Head of Development and Economic Growth

The Planning Officer for Oban, Lorn and the Isles, spoke to the terms of the report.  Planning permission is sought by Argyll and Bute Council to extend the existing vehicle marshalling area at Craignure Ferry Terminal on the Isle of Mull.  This application seeks a temporary resolution to a known road safety issue.  A permanent redevelopment of the ferry pier and wider terminal precinct area at Craignure is in the development stage at the present time but as yet no details are available to confirm when this redevelopment might be delivered.   This development proposal is being applied for as a temporary activity with a 5 year term of permission being sought.  At the conclusion of this term a full restoration of the development site to its existing pre development appearance will be completed.  The area of land to be developed forms approximately 5% of an Open Space Protective Area (OSPA) which has been designated to provide amenity and recreational value to the settlement of Craignure, and represents a minor departure from the Local Development plan, specifically LDP STRAT 1 and Supplementary Guidance Policy SG LDP REC/COM 2.  Seventeen objections from 11 households have been received along with an objection from Mull Community Council.  In this instance it is not considered that the objections raise any complex or technical issues that have not been addressed in the report of handling and it is not considered that a discretionary hearing would add value to the planning process.   The negative impacts resulting from any temporary changes to part of the OSPA are considered acceptable in this instance, being outweighed by the operational needs demonstrated.  Access to the islands by ferry operators is vitally important to promote and secure economic development and redress falling populations in these locations.

 

It was recommended that temporary planning permission be granted as a minor departure to the adopted Local Development Plan subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant temporary planning permission as a minor departure from the Local Development Plan subject to the following conditions and reasons:

 

General

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 29/05/20; 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Craignure Marshalling Area Extension – Location Plan	1 of 3		24.07.2020
Craignure Marshalling Area Extension – Proposed Works	2 of 3		25.03.2021
Photograph of existing kiosk to be relocated	3 of 3		24.07.2020

 

Reason:  For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

Note to Applicant:

 

·         This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

 

·         In order to comply with Sections 27A(1)  of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act.

 

·         In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

 

·         Both the Notification of Initiation and Notification of Completion forms referred to above are available via the following link on the Council’s website:

 

https://www.argyll-bute.gov.uk/planning-and-environment/make-planning-application

 

2.    The development authorised by this permission shall enure for a period not exceeding five years from the date of this permission. Upon the expiry of this five year period (or sooner, should operational requirements so dictate), the use of the land as a temporary vehicle marshalling area shall cease and the new vehicle access shall be removed and the site reinstated in accordance with a scheme of restoration as described within Condition 3 below.

 

Reason: In order to underpin the temporary planning permission applied for and to ensure the restoration of the part of the open space protection area affected by the development.

 

3.    Notwithstanding Condition 1, prior to the development first being brought into use, the developer shall submit to the Planning Authority a scheme of land reinstatement/restoration. Such details shall confirm how the site will be fully restored to its pre development state, including but not limited to: the dismantling, excavation and removal of the new vehicle crossing, service access lane and grasscrete blocks from the land and the reinstatement of the land and any vegetation. All agreed works shall be completed within three months of the expiry of this permission to the satisfaction of the Planning Authority.

 

Reason: In order to secure an appropriate land restoration scheme and to ensure its timely implementation.

 

Roads

 

4.    Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD08/001a and shall include visibility splays of 53 metres to point X by 2.4 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

Note to Applicant:

 

·         A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.

 

·         The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.

 

5.    Notwithstanding the effect of Condition 1, prior to the development first being brought into use, the existing marshalling area vehicle entrance shall be closed off and reinstated into a new footway suitable to match and connect into the existing path located to the north and south of the existing entrance. 

 

Reason: In order to integrate the development into its surroundings.

 

Amenity

 

6.    No development shall commence until a scheme of surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of:

 

(i)            Confirmation of the location, material type and finishing details of the ‘grasscrete’ surface to be used in the overflow area. 

(ii)           Details of landscape planting within the site, including confirmation of planting density, species type and location.

(iii)          Any proposed re-contouring of the site by means of existing and proposed ground levels.

(iv)         Any other proposed hard or soft landscape works.

 

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority.

 

Reason: To assist with the integration of the proposed development within its surroundings in the interest of amenity.

 

Restriction of Use

 

7.    The overflow marshalling area indicated on the drawings hereby approved shall only be used for the temporary parking for cars.  Vehicles may only be parked in this identified area when marshalling for ferry departure. For the avoidance of doubt the defined overspill area shall not be used as a general parking area.

 

Reason: In order to protect the amenity of the locale and to ensure that the grasscrete blocks do not become ineffectual in providing appropriate amenity value to the development.

 

(Reference: Report by Head of Development and Economic Growth dated 7 April 2021, submitted)