Agenda item

Report by Head of Planning and Regulatory Services

The Committee at their meeting on 15 August 2012 had agreed to continue consideration of this item to this meeting to allow for sufficient opportunity for management, maintenance and reinstatement considerations to be addressed by the Applicant.  The Head of Planning and Regulatory Services spoke to the terms of the original report advising that this Application before the Committee is for the use of land as community allotments including the formation of an access and car park, provision of passing places, on site access, erection of storage building, polytunnels and ancillary structures at land north east of Castle Croft, Tobermory, Isle of Mull.  He referred to supplementary planning report 2 which contained details of a late representation and addressed the issues raised at the last meeting.  He referred to the number of representations received and advised than none of the issues raised could be substantiated and were not supported by Statutory Consultees.  No objections were received from the Roads Engineer, SNH, SEPA or the Biodiversity Officer.  The proposal is considered acceptable at this location without causing any unacceptable impact on the wider area and there are no infrastructural constraints which would preclude the proposed development on the site.  The proposal accords with Policy STRAT DC 2 of the adopted Argyll and Bute Structure Plan 2002, Policies LP ENV 1, ENV 19, ENV 2, BAD 1, COM1, TRAN 4, TRAN 6 and Appendix 1 of the adopted Argyll and Bute Local Plan 2009.  There are no other material considerations, including issues raised by third parties, which are considered to have decisive weight that would warrant anything other than the Application being determined positively in accordance with the provisions of the development plan.

 

Decision

 

Agreed to 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 15^th March 2012 and the approved drawing reference numbers:

 

·       Plan 1 of 9 (Site location plan, drawing no 333-10)

·       Plan 2 of 9 (Site plan, drawing no 333-11rA)

·       Plan 3 of 9 (Planting details, drawing no 333-16)

·       Plan 4 of 9 (Existing site, drawing no 333-01)

·       Plan 5 of 9 (Typical layby details, drawing no 333-19)

·       Plan 6 of 9 (Cross section, drawing no 333-17)

·       Plan 7 of 9 (Polytunnel details, drawing no 333-14)

·       Plan 8 of 9 (Shed and glasshouse detail, drawing no 333-12)

·       Plan 9 of 9 (Communal building details, drawing no 333-18)

 

unless the prior written approval of the Local Planning Authority is obtained for other materials/finishes/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.        No development shall commence on site or is hereby authorised until the vehicular access at the junction of the public road and the allotment site has been formed in accordance with the Council’s Road Engineers Drawing Number SD 08/004a with visibility splays of 42.0m x 2.4m in each direction formed from the centre line of the proposed access.  Prior to work starting on site these visibility splays shall be cleared of all obstructions above the level of the adjoining carriageway and thereafter maintained to the satisfaction of the Planning Authority.

 

Reason:    In the interests of road safety to ensure the proposed development is served by a safe means of vehicular access and in accordance with LP TRAN 4 of The Argyll and Bute Local Plan 2009.

 

3.        No development shall commence on site or is hereby authorised until passing place(s) have been completed in accordance with Roads Services drawing SD 08/003a at locations which shall first be agreed on site by the Planning Authority in conjunction with the Council’s Area Roads Engineer.

 

Reason:  In the interests of road safety and in accordance with LP TRAN 4 of The Argyll and Bute Local Plan 2009.

 

4.        No development shall commence on site or is hereby authorised until details of the proposed colour finishes to the approved communal shed walls are submitted for the written approval of the Planning Authority.  The development shall thereafter be completed and maintained in strict accordance with such details as are approved.

 

Reason:  In the interests of visual amenity.

 

5.        No development shall commence on site or is hereby authorised until full details of the method of protection for all trees to be retained are submitted to and approved in writing by the Planning Authority.  All protection measures that are approved shall be fully deployed during all construction phases to the satisfaction of the Planning Authority.

 

Reason:  In the interests of nature conservation and to maintain the established setting of the site.

 

6.        From the date of this planning permission, no trees within the site, other than those identified in the approved plans for felling, shall be lopped, topped, felled or otherwise damaged without the prior written consent of the Planning Authority.

 

Reason:  In the interests of nature conservation and to maintain the established setting of the site.

 

7.        The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans 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 interest of road safety.

 

8.        Pursuant to Condition 1 – no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved 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 subsequent 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.

 

9.        No development shall commence on site until a detailed management and maintenance method statement has been submitted for the written approval of the Planning Authority.  This plan shall include, but is not limited to, the following:

 

i)      Tenancy arrangements;

ii)     Maintenance obligations and consenting procedures for alterations to, replacement of or additional site structures;

iii)   Procedure in the event of vacancies, abandonments and dereliction;

iv)   Reinstatement procedures in the event of venture failure;

v)    Complaints handling and reporting procedure.

 

This plan shall also include full details of the routine operations necessary to maintain the site. Maintenance tasks shall be listed and the persons responsible for the carrying out the maintenance task shall be identified.  Details of the frequency of each maintenance task should also be included.  Thereafter the agreed management and maintenance statement shall be implemented for the duration of the life of the allotments, including any post-occupation reinstatement period.

 

Reason:  In the interests of amenity.

 

(Reference: Report by Head of Planning and Regulatory Services dated 26 July 2012, submitted; Supplementary Report 1 by Head of Planning and Regulatory Services dated 13 August 2012, submitted; and Supplementary Report 2 by Head of Planning and Regulatory Services dated 12 September 2012, submitted)