Agenda item

SIR ROBERT MCALPINE: ERECTION OF MIXED USED DEVELOPMENT: ARDYNE POINT, TOWARD (REF: 07/00952/OUT)

Report by Head of Planning and Regulatory Services

Minutes:

The Committee, on 29 October 2009, agreed to approve this application subject to a Section 75 Agreement.  The Principal Planning Officer spoke to the terms of supplementary planning report number 2 advising of a proposed change to the terms of the Section 75 Agreement associated with this proposal and to further clarify the proposed Heads of Terms of the Section 75 Agreement.  The Applicant has requested that the phasing of points 1 and 2 of the Section 75 Agreement be amended to allow commencement following the development of 20 residential units on the site, or the completion of the ferry terminal whichever is sooner.  The Principal Planning Officer also referred to Scottish Government advice about Section 75 Agreements and to a further supplementary report number 3 which advises of the Roads Officer’s response to a representation received from Councillor Walsh which is referred to in supplementary report number 2.  In light of the Roads Officer’s revised response it is proposed that the recommendation contained in supplementary report number 2 be revised to require the works to be in place prior to the completion of the 11th unit, or the completion of the ferry terminal, whichever is the sooner rather than the 21st unit as originally suggested.   It is considered that the proposed change to the phasing is acceptable in terms of road safety and the Road Improvement  Plan further provides clarity on the road widening, footpath and extension to 40 mph limit and this should be used to assist the drafting of the legal agreement.  It is recommended that Members agree to the revised Heads of Terms for the Section 75 Agreement as detailed in supplementary report number 3.

 

Motion

 

1.        To agree to the revised Heads of Terms for the Section 75 Agreement as detailed below:-

 

1.      Improvements to the C10 Glen Striven Road between the limit of the A815 at Toward and the entrance to the site at the Memorial Hall, in accordance with the Road Improvement Plan in Appendix 1 of this report.  These works to be completed to adoption standard before the completion of the 21st residential unit on site, or the completion of the ferry terminal, whichever is sooner;

 

2.      The formation of a footway to an adoptable standard between Toward Primary School and the entrance to the site at the Memorial Hall as detailed in the Road Improvement Plan in Appendix 1 of this report.  These works to be completed to an adoptable standard before the completion of the 21st residential unit on site, or the completion of the ferry terminal, whichever is sooner;

 

3.    Extension of the 40 mph speed restriction to a point beyond the entrance to the development as detailed in the Road Improvement Plan in Appendix 1 of this report.  To be completed before the 50th house is occupied and / or the ferry terminal is operational.

2.        In the event that the Section 75 is not concluded the application should be refused for the reason given in point H (ii) of the original report of handling dated 31 August 2009.

 

Moved by Councillor Bruce Marshall, seconded by Councillor Vivien Dance

 

Amendment

 

1.        To agree to the revised Heads of Terms for the Section 75 Agreement as detailed below:-

 

1.      Improvements to the C10 Glen Striven Road between the limit of the A815 at Toward and the entrance to the site at the Memorial Hall, in accordance with the Road Improvement Plan in Appendix 1 of this report.  These works to be completed to adoption standard before the completion of the 11th residential unit on site, or the completion of the ferry terminal, whichever is sooner;

 

2.      The formation of a footway to an adoptable standard between Toward Primary School and the entrance to the site at the Memorial Hall as detailed in the Road Improvement Plan in Appendix 1 of this report.  These works to be completed to an adoptable standard before the completion of the 11th residential unit on site, or the completion of the ferry terminal, whichever is sooner;

 

3.      Extension of the 40 mph speed restriction to a point beyond the entrance to the development as detailed in the Road Improvement Plan in Appendix 1 of this report.  To be completed before the 50th house is occupied and / or the ferry terminal is operational.

2.        In the event that the Section 75 is not concluded the application should be refused for the reason given in point H (ii) of the original report of handling dated 31 August 2009.

 

Moved by Councillor Alex McNaughton, seconded by Councillor James McQueen.

 

Decision

 

On there being an equality of votes the Chair gave his casting vote for the Motion and the Committee resolved accordingly.

 

(Reference: Report by Head of Planning and Regulatory Services dated 31 August 2009, supplementary report no 1, supplementary report no 2 dated 7 March 2012, submitted and supplementary report no 3 dated 19 March 2012, tabled)

Supporting documents: