Agenda item

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that the application was for planning permission for the formation of a multi-use/short stay transit marina, plus diesel berth, managers office, provision for small day boats/ribs and limited use for overwintering at Oban Bay, Oban and gave a description of the development. This application follows on from an unimplemented Planning Permission and a subsequent withdrawn application.  This application proposes various amendments to the originally approved development 08/01049/DET which formed the basis of Planning Application 11/02443/PP (since withdrawn), together with further amendments which resulted from consultee and third party feedback to that application.  136 letters of representation had been received; 131 letters in support and 5 of objection. The proposal was consistent with the provisions of the Development Plan and that all other material considerations had been taken into account, including the views of third parties, none of which were of such weight that they could not be overcome by suitable planning conditions.  He advised that approval of the application was recommended subject to the conditions and reasons as detailed in the report.

 

Decision

 

Agreed to grant planning permission subject to the following conditions and reasons:-

 

1.        The proposed development shall be carried out in accordance with the details specified in the application form dated 22^nd March 2012; and the approved drawings numbered: L03 (B) – Site Plan; L-01 (B) – Plan As Proposed; and,  L02 (B) – Sections A-A & B-B As Proposed; and stamped approved by Argyll and Bute Council.

 

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

 

2.        The use of the marina shall be restricted to short-stay/transient 60 berth pontoons and no single vessel shall berth at the pontoons for a period longer than 7 days within any calendar month, with the exception of over-wintering vessels, which shall be limited to a maximum number of 20 berths at any one time, which shall only be occupied for such purpose between the beginning of October and the end of March. Vessels over-wintered shall not be used to provide live-aboard residential accommodation.  An up to date detailed log of the arrival and departure of all vessels using the marina shall be kept for the lifetime of the development and shall be made available to the Planning Authority for inspection upon request.

 

Reason: In accordance with the use applied for, in that a permanent berth marina in this location by reason of lack of onshore facilities and car parking would be unacceptable.

 

3.        Prior to the use of the pontoon system for the over-wintering of boats, engineering evidence shall be submitted to substantiate the marina’s structural integrity to accommodate 20 boats (maximum length 14 metres) during the over-wintering period provided for by condition 2 above.  This evidence shall be accepted in writing by the Council as Planning Authority prior to any use of the pontoon system for the purposes of over-wintering during that period.

 

Reason: It has not been confirmed beyond doubt that the marina is designed to a sufficient specification allowing for any additional stress to the pontoon structure when overwintering boats are berthed during storm conditions, in circumstances where loss of integrity could compromise navigational safety.

 

4.        Prior to commencement of development, a detailed a design & build programme incorporating a site specific Construction Method Statement shall be submitted to and agreed in wring by the Planning Authority in consultation with SEPA, SNH and CMAL. The method statement shall be prepared in consultation with CMAL in its capacity as Statutory Harbour Authority and shall address construction risks and indicate the timing, duration, method and expected noise levels in relation to the proposed piling operations. It shall also address management of waste, control of pollution and minimisation of disturbance to wildlife.  Once agreed, all piling and other construction works shall comply with the duly approved details.

 

Reason: In the interests of safeguarding amenity and in the interests of nature conservation as insufficient information has been provided in respect to these works and to ensure that Statutory Harbour Authority interests are protected and construction risks are managed effectively.

 

5.        Prior to commencement of development, a Safe Management System which manages the hazards and risks along with any preparations for emergencies shall be  prepared in accordance with the Department of Transport Marine Safety Code (October 2009) and shall be submitted for the further written approval of the Planning Authority, in consultation with CMAL.  Thereafter, the Safe Management System shall be implemented and maintained in accordance with the final approved details to the satisfaction of the Planning Authority.

 

Reason: To secure a systematic way of identifying hazards and controlling risks and provide assurance that risk controls are effective in the interests of safety in accordance with the Risk Management Report, developed by Abbott Risk Consulting, May 2011and the Department of Transport Marine Safety Code (October 2009).

 

6.        The operators of the marina shall participate in any Marine Safety Risk Assessment Workshop as may be convened periodically by the Council on behalf of users of Oban harbour in order to address ongoing issues relating to navigation interests and marine safety. In the event that any specific risks arising from the presence and operation of the marina facilities are identified, the operator should implement any management control measures (physical & operational) identified by the Risk Assessment Workshop, in accordance with details and a programme of implementation to be approved in writing by the Council as Planning Authority immediately following the conclusion of that Risk Assessment Workshop.

 

Reason: To ensure that the operators of the marina, as stakeholders within Oban harbour, can in partnership with other stakeholders, contribute to the safe development of marine interests in the harbour, and to provide a framework within which future operational risks can be identified and mitigated so as not to risk the future safe operation of the marina and Oban harbour.

 

7.        Prior to commencement of development, the exact positioning of the external attenuator immediately adjacent to the North Pier along with a cross-section of the ‘Armorflex’ and a method statement for its installation shall be submitted for the further written approval of the Planning Authority. The development shall be implemented wholly in accordance with the duly approved details.

 

Reason: In the interests of navigational safety and to ensure that any damage to the North Pier and slipway is prevented in the interests of public safety.

 

8.        Prior to commencement of development, the intended provision of Black Guillemot nest boxes to be provided within the site shall be submitted to and approved in writing by the Planning Authority. This shall comprise a plan showing the numbers positions and construction of those next boxes. Within 1 month of the substantial completion of the development, the nest boxes shall be provided and they shall be maintained thereafter in a useable condition for the purpose for which they are intended.

 

Reason: In the interests of nature conservation.

 

9.        Unless otherwise agreed in writing by the Planning Authority, prior to commencement of use of the development hereby approved, the exterior of the polyethylene bunded diesel tank shall be painted/treated in a grey colour recessive finish and shall be so maintained in a neat and tidy condition at all times to the satisfaction of the Planning Authority.

 

Reason: In the interests of the appearance of the development and visual amenity of the area.

 

10.    Notwithstanding the details show on the submitted plans and the effect of condition 1 above, installation of the structure intended to provide manager’s accommodation shall not take place until detailed drawings and specifications of an amended design for the proposed office have been submitted and approved in writing by the Planning Authority.  The design shall be recessive in colour and finished in traditional materials.

 

Reason: The proposed modular building is not considered to be an acceptable design solution for this site, and would be detrimental to the setting of nearby listed buildings.

 

11.    Prior to commencement of development, a Waste Management Plan for the operational phase of the development shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Environment Protection Agency.  This plan shall include details of the arrangements for the storage, separation and collection of waste from the site and its r collection point, including provisions for the safe pick-up by refuse collection vehicles.  The approved Waste Management Proposals shall be carried out in accordance with the duly approved scheme.

 

Reason: To ensure that waste from the proposal is dealt with in a sustainable manner in accordance with the National Waste Strategy for Scotland and the Area Waste Plan for Argyll & Bute.

 

12.    Prior to commencement of the development, an assessment shall be carried out of the noise likely to be created by the operation of this facility.  In particular, this should consider noise arising between the hours of 22:00 – 06:00 daily and should inform the production of a Noise Management Plan.  This plan must identify all steps to be taken to prevent/minimise noise likely to arise from the operation of this facility.  A copy of this plan shall be submitted for the written approval of the Planning Authority in consultation with the Environmental Health Officer, and thereafter the development shall be operated in accordance with the duly approved details, including any mitigation measures identified by the Plan.

 

Reason: In order to control noise and disturbance created by operations in the interests of amenity.

 

13.    Prior to commencement of the development, full details of any external lighting to be used on the site shall be submitted to the Planning Authority for approval in writing.  The submission shall include the location of each light unit, the footprint of the illuminated area and the wattage of each light unit.           With the exception of lighting required for the purposes of navigational safety, all lighting provided at the pontoons, breakwater, and access bridge shall be the minimum required for the purpose, shall be of the lowest wattage required for the purpose each light unit, and shall be so positioned, angled, controlled and shrouded so as to prevent spillage of light and glare beyond the site boundary.  Guidance issued by the Institution of Lighting Engineers shall be followed in this respect.

 

Reason: In order to protect the amenity of the land adjoining the development from unnecessary light pollution.

 

14.    Prior to commencement of development, detailed drawings (plans & elevations) of the proposed pedestrian access to the pontoons, including the access gate, bin storage area and access bridge shall be submitted for the further written approval of the Planning Authority in consultation with the Roads Authority. The development shall be implemented in accordance with the duly approved details.

 

Reason: In the interests of pedestrian safety.

 

15.    Prior to development commencing, a method statement detailing the management arrangements for all deliveries of plant and materials to the site shall be submitted for the approval of the Planning Authority, in consultation with the Roads Authority. The development shall be implemented in accordance with the duly approved details unless any subsequent variation thereof is agreed in writing by the Planning Authority.

 

Reason: To minimise interference with the safety and free flow of traffic on the trunk road and to ensure the safety of pedestrians on the trunk road and footway.

 

16.    Prior to development commencing detailed drawings shall be submitted which demonstrate that the access between the existing slipway adjacent to George Street and the proposed Launching Steps shall be graded and finished so as safe and easy access to the water can be achieved by persons with a canoe, kayak or other water sports users at all states of tide has been submitted to and approved in writing by the Planning Authority in consultation with the Outdoor Access Team.  The development shall be implemented in accordance with the duly approved details unless any subsequent variation thereof is agreed in writing by the Planning Authority.

 

Reason: To ensure that safe and easy access to the water for canoe, kayak and other water sport users is achievable at all times.

 

(Reference:  Report by Head of Planning and Regulatory Services dated 1 June 2012, submitted)