Agenda item

Report by Head of Development and Economic Growth

The Development Manager spoke to the terms of the report and to supplementary reports 1 and 2.  This application was before the Committee for consideration at its meeting on 20 October 2021.  It was agreed at this meeting to continue consideration to a future meeting due a late holding objection received from SEPA which was subsequently withdrawn following the submission of further information from the Applicant to address SEPA’s concerns, as detailed in supplementary report number 2.

 

The proposal is to build nine warehouses to the north west of the existing distillery and a dunnage warehouse beside the distillery.  A new circuit road system will serve all the warehouses and connect to the existing distillery road and to the main road.  Objections have been received from 4 individuals in addition to a representation received from Michael Russell who submitted a representation at a time when he was still the local MSP.   A summary of the issues raised are detailed at section F of the report.

 

Reference was made to a couple of minor corrections that were required to be made to the proposed conditions set out in the report of handling.  Following submission of the recently revised drainage layout plan referred to in supplementary report number 2, the table of plans within condition 1 requires to be updated with the 5^th entry changed to Plan reference 19.0382_701 Rev B received November 2021.  Due to a typographical error condition 3 also requires an amendment to confirm that after 20 years it should read that no more than 25% floor space should be made available.  The condition in the report erroneously stated 75%.

 

The proposal is measured principally against policy LDP DM 1(E) which requires an exceptional case to support a large scale development which is not defined as infill, rounding off, redevelopment or change of use of existing buildings.  Given the site is straddling between a Rural Opportunity Area (ROA) and countryside, and the scale of the works, policy requires an Area Capacity Evaluation (ACE) to be undertaken to assess the site and wider situation of the proposal.  A separate report in this respect has been prepared and attached as Appendix B to the report of handling. 

 

In summary, it is considered that the proposed development will not have an adverse impact upon the views into Islay from the Jura National Scenic Area or the Sound of Islay.  The proposed development will result in a significant change in the appearance of the local landscape character with the obvious introduction of a substantially larger scale of built development than that which presently exists and also resulting in the loss of improved grazing land which is a prominent feature of the local landscape setting.  The development will, however, deliver boundary tree planting and extensive grasslands proposals which will not only assist in accommodating the development but will considerably strengthen the western edge of another existing key environmental feature in the form of the coastal woodland.  On balance, it is considered that the change to the landscape character may be considered to have a neutral impact upon the quality of the receiving landscape character. 

 

The proposal satisfies development plan requirements and is it recommended that the ACE be endorsed as a material consideration in the determination of this application and that planning permission be granted subject to the conditions and reasons detailed in the report of handling, including previously advised amendments to conditions 1 and 3.

 

Decision

 

The Committee agreed to endorse the Area Capacity Evaluation (ACE) and 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 21.12.2020, supporting information and, the approved drawings 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.

 

2.    Notwithstanding the provisions of Condition 1, the buildings hereby approved shall be used solely as bonded warehousing stores for storage of whisky and other spirit 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 buildings 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.

 

3.    Notwithstanding the provisions of Condition 1, the development hereby approved shall be used solely for the storage of whisky and other spirit distilled on the island of Islay. After the first ten years of operation no more than 50% of the approved floorspace shall be available for the storage of production from outwith Ardnahoe Distillery, unless otherwise agreed in writing in advance by the Planning Authority.  After a period of 20 years no more than 25% of the floor space shall be made available for non-Ardnahoe products. 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.

 

4.    No development works shall commence until, a Traffic Management Plan has been submitted for the written approval of the Planning Authority in consultation with the Roads Authority. The Plan shall detail approved access routes, agreed operational practices (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, reporting of verge damage) and shall provide for an appropriate Code of Practice to drivers of construction and delivery vehicles in the transportation of materials. The plan should include all the details of equipment, plant, materials and labour required during the construction works. The plan should include details of new passing places and those to be surfaced in a bituminous material where required. The development shall be implemented in accordance with the duly approved Traffic Management Plan.

 

Reason: To address abnormal traffic associated with the development in the interests of road safety.

 

5.    No development shall commence until the developer has obtained written approval from the Planning Authority for a detailed Method Statement, following consultation with the Roads Authority.  This Method Statement shall include:

 

(i)    A carriageway strengthening design from the junction of the A846 to the application site.  The approved carriageway strengthening works to be fully completed prior to any other works commencing on site;

 

(ii)   A detailed condition survey is to be carried out between the junctions of the A846 to the application site prior to any work starting on site. The survey is to be recorded by means of video and photographs copies. This section of the road is to be subject to a weekly inspection to ensure the carriageway remains in a safe condition.

 

(iii)  Details of routing of all deliveries and construction traffic;

 

(iv) Details of all materials, plant, equipment, components and labour required during the construction and operational phases of the development hereby permitted.

 

(v)  The identification and repair of deteriorated sections of the UC 24 carriageway due to construction traffic involved in the development hereby permitted.  Any damage to the public road directly attributable to such construction traffic to be made good by the applicant/developer to the satisfaction of the Planning Authority in consultation with the Roads Authority;

 

(vi) Details of the provision and design of additional passing places for an articulated vehicle between the junction of the A846 Port Askaig to Ardbeg road and the application site.  The number and location of such passing places shall be agreed by the Planning Authority in consultation with the Roads Authority and the passing places subsequently agreed shall be fully provided before any other works commence on site;

 

(vii)Details of a maintenance agreement for the highway improvement works specified above; the scope and duration of which shall be agreed by the Planning Authority in consultation with the Roads Authority.  The maintenance agreement subsequently approved shall commence within 14 days of the building hereby approved being first brought into use.

 

Reason: In order to secure an appropriate standard of road capable of conveying traffic associated with this development, to minimise disruption arising as a result of traffic movements and to safeguard road safety.

 

6.    Notwithstanding the provisions of Condition 1, no development shall commence until full details of the layout and surfacing of a parking and turning area to accommodate light and heavy goods vehicles within the site have been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers.  The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interests of road safety, to ensure the development has adequate provision for the parking and manoeuvring of vehicles.

 

7.    Notwithstanding the provisions of Condition 1, no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing 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;

(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;

(v)          A programme for the timing, method of implementation, completion and 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.

 

8.    No development shall commence until a scheme for the retention and safeguarding of trees adjacent the site during construction has been submitted to and approved by the Planning Authority.  The scheme shall comprise:

 

(i)    Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development;

(ii)   A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2012 “Trees in Relation to Construction”.

 

Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme.  No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority.

 

Reason: In order to retain trees as part of the development in the interests of safeguarding the visual amenity of the site and its surroundings.

 

9.    Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage System (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753F.  The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

 

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

 

10.  Given the proximity of the neighbouring residential properties to the site address, construction works shall be restricted to 0800-1800 hours Mondays to Fridays, 0800-1300 hours on Saturdays and not at all on Sundays. Bank or Scottish Public Holidays unless otherwise agreed with the planning authority.

 

Reason: To minimise the impact of noise generated by construction activities on occupiers of residential properties.

 

11.  No development shall commence until full details of any external lighting to be used within the site has been 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. Regard must be made to governmental Guidance Notes on Environmental Zone E1: Intrinsically Dark Areas.  No external lighting shall be installed except in accordance with the duly approved scheme.

 

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

 

12.  No development or ground breaking works shall commence until a method statement for an archaeological watching brief has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service.

 

The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site.

Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

 

Reason: In order to protect archaeological resources.

 

13.  No development or ground breaking works shall commence until a method statement for a geodiversity watching brief has been submitted to and approved in writing by the Planning Authority. The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of geological items of interest or finds within the application site.

 

Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

 

Reason: In order to protect geological resources.

 

(Reference: Report by Head of Development and Economic Growth dated 4 October 2021, supplementary report number 1 dated 18 October 2021 and supplementary report number 2 dated 16 November 2021, submitted)