Agenda item

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

The Planning Officer also referred to 3 late representations sent directly to the PPSL Committee from Mr Flint, Mr Short, and Mr and Mrs Manson.  The submissions were reviewed by Officers and it was considered that they did not raise any issues not already addressed in the reports.  A further representation was also received from Councillor Julie McKenzie, on behalf on an unnamed constituent, querying the validity of the ecological assessment submitted with the application which, it was claimed, should be no older than 18 months.  Referring to the ecological survey which was dated September 2021 and the tree survey dated October 2021, it was considered by Officers that there was no requirement for updated surveys to be carried out.  There was no objection from the Council’s Biodiversity Officer and it was not considered that any biodiversity issues affecting the site had changed since the surveys were produced.

 

The application seeks to secure planning permission for the change of use of land to allow it to be utilised as a small scale holiday development comprising 10 pods.  In terms of the Settlement Strategy set out in the adopted Local Development Plan (LDP), the application site is situated within the defined Minor Settlement of Portsonachan where Policies LDP STRAT 1 and LDP DM 1 give general encouragement to small scale development on appropriate sites.  The proposed development benefits from direct policy support from both National and Local Policy (NPF4 Policy 30 and LDP Policy LDP 5, SG LDP TOUR 1 and SG LDP TOUR 3) which recognise that tourism is a sustainable industry and has the potential to add value to the economy of Argyll.

 

Issues raised by third parties have all been assessed and in this instance it is not considered by Planning Officers that the objections raise any complex or technical issues that have not been addressed in the report.

 

In this instance the proposed development is considered to be wholly consistent with, and actively supported by, the provisions of the adopted National Policy as underpinned by the LDP and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

1.    PP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 25/03/22, 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
Proposed Site Layout and Landscaping Plan	1538/07	D	23/06/22
Existing Site Layout Plan	1538/08	A	23/06/22
Site Location Plan	1538/09	B	23/06/22
Section A – Existing and Proposed Topography	1538/10	A	28/03/22
Section B – Existing and Proposed Topography	1538/10	B	28/03/22
Key Plan & Elevations	22-0000-001	A	23/06/22
Biodiversity Enhancement Plan – 26 PAGES			11/05/23
Civil/Structural Site Constraints Report Part 1 of 3 – 151 PAGES			23/06/22
Civil/Structural Site Constraints Report Part 2 of 3 – 30 PAGES			23/06/22
Civil/Structural Site Constraints Report Part 3 of 3 – 22 PAGES			23/06/22
Design and Access Statement Part 1 of 2 – 13 PAGES			23/06/22
Design and Access Statement Part 2 of 2 – 12 PAGES			23/06/22
Drainage Details – Greenfield and Storage Calculations			08/02/23
Drainage Details – 30 Year Storage Calculations – 4 PAGES			08/02/23
Ecological Assessment – 34 PAGES			28/03/22
Proposed Drainage Strategy	HDM-BLY-XX-XX-SK-C-96		08/02/23
Proposed Parking and Entrance Road	HDM-BLY-XX-XX-SK-C-95003	F	27/07/22
High Level Landscape and Visual Appraisal Part 1 of 2 – 17 PAGES			23/06/22
High Level Landscape and Visual Appraisal Part 2 of 2 – 20 PAGES			23/06/22
Lodge Specification – 2 PAGES			28/03/22
Noise Management Plan – 3 PAGES			06/03/23
NPF4 Statement May ’23 – 11 PAGES
Planning Statement – 49 PAGES			28/03/22
Planting Notes & Landscape Maintenance and Management Proposals – 13 PAGES			28/03/22
Tree Survey and Arboricultural Constraints – 16 PAGES			28/03/22
Vehicle Trip Briefing Note – 6 PAGES

 

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

 

2.    Vehicular Access

 

Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a and shall include visibility splays of 2.4 metres to point X by 53 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.

 

·         A 300mm diameter twin walled culvert pipe to be installed in the existing ditch where the new access is to be situated.

 

3.    Passing Places

 

Notwithstanding the provisions of Condition 1, no development shall commence on site until details, in plan form, of 6 additional passing places provided, or formalised, along the B840 public road, between the junction of the A819 and the application site, have been submitted to and their position and specification agreed in writing with the Planning Authority in consultation with the Roads Engineer.  Thereafter the passing places shall be undertaken in accordance with the approved details unless otherwise agreed in writing with the Planning Authority, and shall be available for their intended use before any of the holiday pods hereby granted are first occupied.

 

Reason:  In the interests of road safety.

 

4.    Private Water Supply 

 

Notwithstanding the provisions of Condition 1, no development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved by the Planning Authority.

 

The appraisal shall be carried out by a qualified hydrologist/hydrogeologist or other suitably competent person and shall include a risk assessment having regard to the requirements of Part 3 of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (as appropriate) which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development.

 

The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational.

 

Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies.

 

Notes to Applicant

 

1.    Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Service in the first instance.

 

2.    If the development is likely to use 10m³ water per day then the applicant will need to apply for a registration or licence for water abstraction from SEPA https://www.sepa.org.uk/regulations/authorisations-and-permits/application-forms/#Water.

 

3.    If the proposed development is a commercial undertaking including but not limited to; use as a holiday or long term private let, workplace, food business, campsite etc. then the applicant must apply to the Environmental Health service 8 weeks before the intended use date for the private water supply to be registered and certified as fit for use. Email: pws@argyll-bute.gov.uk.

 

4.    It is recommended that should planning permission be granted, that the applicant contact this Service to discuss further the measures needed to comply with the requirements of Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017.

 

5.     Sustainable Drainage System

 

The development shall be undertaken in accordance with the drainage details set out on Drawing Number HDM-BLY-XX-XX-SK-C-96001 – Proposed Drainage Strategy and Greenfield Run-off and Micro Drainage Calculations (GC22462 Greenfield and Storage Calculations and GC22462 30 Year Storage Calculations).

 

The approved surface water drainage scheme 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.

 

Note to Applicant

 

·         Please note the advice and guidance set out in the consultation response from JBA Consulting Ltd which is available to view via the Public Access section of the Council’s website.

 

·         Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk

 

6.     Occupancy Restriction

 

Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year. A register showing dates of arrivals and departures shall be maintained at the premises and shall be available at all reasonable times for inspection by the Planning Authority.

 

Reason: In order to define the permitted occupancy having regard to the fact that the premises are unsuitable for occupation as a permanent dwellings.

 

Note to Applicant

 

For the avoidance of doubt this permission only provides for the occupation of the premises on a short term basis on the grounds that the development is unsuited to full time residential occupation. Specifically the occupation of the premises as a dwelling shall require the benefit of a separate planning permission.

 

7.  Noise Management Plan

 

The development shall be operated in accordance with the measures set out in the Noise Management Plan for the proposed development dated 01/03/23 unless otherwise approved in writing by the Planning Authority.

 

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

 

8.     External Lighting

 

Notwithstanding the effect of Condition 1, 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.  Thereafter the external lighting shall be installed in accordance with the approved details unless otherwise agreed in writing with the Planning Authority.

 

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

 

Note to Applicant

 

All external lighting should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B. Site specific advice may be obtained by contacting the Council’s Environmental Health Officers.

 

9.     Ecological Assessment

 

The development shall be implemented in accordance with the mitigation measures identified in the Ecological Appraisal dated September 2021 unless otherwise agreed in writing by the Planning Authority.

 

Reason: In order to protect natural heritage assets in the interest of nature conservation.

 

Note to Applicant:

 

Consideration should be given to the advice and guidance set out in the consultation response from the Council’s Biodiversity Officer in relation to the requirement for checks for protected species prior to works commencing and species/habitats which may be affected and the developer’s responsibilities and obligations under nature conservation legislation and associated licencing requirements.  The consultation response is available to view via the Public Access section of the Council’s website.

 

10.  Tree Retention and Protection Measures

 

The development shall be implemented in accordance with the mitigation measures identified in the Tree Survey and Arboricultural Constraints Report dated October 2021 unless otherwise agreed in writing by the Planning Authority.

 

Reason: In order to protect natural heritage assets in the interest of nature conservation.

 

11.  Eradication of Non-Native Invasive Species

 

No development shall commence on site until full details of an Eradication Scheme for non-native invasive species comprising Rhododendron ponticum and Japanese knotweed within the application site has been submitted to and approved in writing by the Planning Authority in consultation with the Biodiversity Officer.  The Eradication Scheme shall include a timetable for implementation and clearly identify the extent of the Rhododendron ponticum and Japanese knotweed on a scaled plan

 

Reason: To eradicate non-native species from the development site and to prevent their spread throughout development works.

 

12.  Biodiversity Enhancement and Landscaping

 

The development shall be implemented in accordance with the approved biodiversity enhancement measures as set out in the Biodiversity Enhancement Plan dated April 2023 and received 11.05.23 and the associated Landscaping Plan (Drawing Number 1538/07 D).  Notwithstanding the effect of Condition 1, the development shall not be occupied until such time as the physical biodiversity enhancement measures have been completed.

 

All of the agreed hard and soft landscaping works shall be completed during the first planting season following the first occupation of the development unless otherwise agreed in writing by the Planning Authority.

 

Any trees or shrubs which fail to become established, which die, are removed or become seriously diseased within five years of the implementation of the scheme shall be replaced in the following planting season by equivalent size and species of trees or shrubs as those originally required to be planted.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity and in order to protect and enhance natural heritage assets and increase the biodiversity value of the site in accordance with national and local planning policy aims.

 

(Reference: Report by Head of Development and Economic Growth dated 1 June 2023 and supplementary report number 1 dated 20 June 2023, submitted)