Agenda item

Report by Head of Planning and Regulatory Services

At its meeting on 9 November 2011 the PPSL Committee agreed to continue consideration of this Application in view of the decision reached at the PAN 41 Hearing in respect of the National Grid Application (Ref: 11/00689/PPP) and that it would be dealt with again when considering the National Grid Application.

The Development Manager spoke to the terms of supplementary report 8 which confirmed receipt of a letter of objection (dated 8 December 2011) from the Commercial Property Manager of National Grid Property which was circulated to Members.  Further information forwarded to the Head of Governance and Law in an email dated 20 December 2011 by the Applicant was also circulated to Members at the meeting.  The Development Manager advised that in view of the decision made by Members in respect of the National Grid Application (Reference: 11/00689/PPP), he recommended refusal of this application for reasons 1, 3 and 4 detailed in the original report and that reason 2 in respect of the sequential test no longer applied.

Motion

That planning permission be refused for reasons 1, 3 and 4 detailed in the Planner’s original report dated 4 March 2011.

Moved by Councillor Daniel Kelly, seconded by Councillor Donald MacMillan.

Amendment

1.        That in terms of the sequential test given that the National Grid site has been refused the site is now the sequentially preferable site for Dunoon and so consistent with Policy.

2.        In terms of the significant impact on the retail centre of Dunoon as identified by the Applicant’s retail impact assessment, it is considered that Dunoon town centre has a range of retail outlets, many of which are operated by locally based independent businesses and, as such, many are assessed to be fragile businesses unlikely to be able to withstand significant downturn in revenue from competition from an out of centre supermarket selling comparison goods. It is assessed that if there was a reduction in leakage of spend and if the town centre was made more attractive to shoppers, creating a more modern environment that would attract shoppers and tourists to frequent the town centre, then the identified negative impact would be offset by these factors and, as such, would make the impact justifiable as a minor departure from the development plan policy and together with the mitigation measures proposed would assist in sustaining the town centre with a limited adverse impact and, as such, would be a justified departure  to  policies STRAT S1, STRAT DC1, PROP SET 2 PROP SET 3, PROP SET 4 of the Structure Plan and policies ENV 1, ENV19 and P/PDA 1 of the Local Plan.   It is my view that some niche suppliers and those selling  established locally branded goods will be better placed to withstand such competition whilst others will need to reposition themselves to capitalise on the increased opportunities that reducing leakage of spend to the Gourock/Glasgow conurbation will provide. It is perceived that a new retail store that would reduce that leakage would have less of an impact on the retail centre than a smaller outlet which did not reduce that leakage on the basis that it would retain shoppers in the Dunoon area and attract shoppers from the wider Cowal and Bute area who would frequent not only the new retail store but would also be drawn to an improved town centre shopping area: thus a store of the scale of 40,000 square feet is judged to be of sufficient scale to reduce the leakage and to retain and redirect that lost revenue into the Cowal economy.  In addition any such store will have a greater impact on the two existing supermarkets in Dunoon which are assessed as being more able to withstand the increased competition and that this increased competition will be of positive benefit to the economy of Dunoon as competition will be likely to reduce prices with increased future reduction of leakage to other retail centres and an increased spend available for non convenience goods in the Cowal area. It is further accepted that there will be some negative impact on the town centre retail area and in mitigation of this a sum of £276,000 should be provided to the Dunoon town centre CHORD project for public realm works to create a more modern and inviting retail centre that would assist with the retention of small independent shops in the town centre, and support a transitional period as the town centre adjusts to the changed opportunities that will arise from the development.

3.        That the Applicant’s be required to enter into a section 75 agreement in the following terms namely

• an undertaking to pay the sums identified by the District Valuer in compensation for the loss of affordable housing in accordance with policy hou2 and that such sum be paid prior to the commencement of development on the site to the Council strategic housing fund; and for the avoidance of doubt that such sum as may be calculated by the district valuer at his instance only shall not be subject to challenge by the applicants;

• that in mitigation of the limited adverse impact on the retail centre of Dunoon that a commuted sum of £276,000 be paid by the Applicants to the Council for them to undertake public realm works, and any other works deemed appropriate by the Council to maintain the viability and vitality of Dunoon town centre by the Dunoon town centre CHORD project.  Such works to improve the public space and infrastructure associated with the retail centre of the town to create a more vibrant and modern appearance to the retail area which will attract customers to the retail outlets in the town centre. For the avoidance of doubt the payment shall be made prior to the commencement of development.

4.        That in respect of the detailed design of the store and any associated engineering operations, the concerns around the positioning of the retail buildings is endorsed and therefore the design scheme for the development should seek to minimise the impact on the townscape and  should make provision for  reducing the prominence of the building when viewed from the locality and which should incorporate traditional design elements sympathetic to the existing locality and with design treatments and finishes that recognise the rural location which together with appropriate landscaping and boundary construction and treatments will present a more homogenous appearance in the local townscape.  Full details of the design proposals should be required as a suspensive condition attached to the planning approval and to meet the terms of policy STRAT S1, STRAT DC1,  LP ENV 1, and LP ENV 19.

5.        That detailed conditions and reasons for the consent be delegated to the Head of Planning and Regulatory Services in consultation with the Chair and Vice Chair of the PPSL Committee and Councillor Devon.

Moved by Councillor Mary-Jean Devon, seconded by Councillor Roderick McCuish.

Decision

The Amendment was carried by 6 Votes to 3 and the Committee resolved accordingly.

(Reference: Report by Head of Planning and Regulatory Services dated 4 March 2011, Supplementary Report 1 dated 15 March 2011, Supplementary Report 2 dated 30 March 2011, Supplementary Report 3 dated 7 April 2011, Supplementary Report 4 dated 9 May 2011, Supplementary Report 5 dated 8 September 2011, Supplementary Report 6 dated 19 September 2011, Supplementary Report 7 dated 8 November 2011, submitted and Supplementary Report 8 dated 19 December 2011, tabled)