Luss Smokehouse - National Park Planning Permission
Argyll and Bute Council · 25 February 2025
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 1 of 11 Decision Notice Loch Lomond Group / Luss Estates Company c/o Alastair Fitchet ajfitchet | architect Prospect III Gemini Crescent Dundee Technology Park Dundee DD2 1SW APPLICATION NUMBER 2024/0189/DET Grant of Planning Permission This decision notice is issued under the Town and Country Planning (Scotland) Act 1997, as amended. It should be read together with the official plans. If any details differ then the decision notice takes priority. Description of the proposed development: Change of use of smokehouse and dwellinghouse, demolition of timber shop building, and erection of 1no. warehouse, 1no greenhouse, 3no buildings and associated parking, access and landscaping to create mixed use development including distillery, warehouse, retail, restaurant and visitor centre Location of the proposed development: Luss Smokehouse, Church Road, Luss, Alexandria The decision has been made with the following conditions: 1 Duration of Permission: This permission lapses on the expiration of 3 years beginning from the date of this permission unless the development to which this permission relates is begun before that expiration. 2 Restriction on Use for Distillery: The distillery building (which is proposed to house the distilling and operations) shall only be used only as a distillery (with ancillary visitor experience) (as detailed on the approved plan 677_P-301_A) and the warehouse and bottling building shall be used only for these purposes in connection with the distillery operation (with ancillary retail) (as detailed on the approved plan 677_P_305) and these buildings shall not be used for any other purpose within Class 5 Business of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 or any Order revoking or re-enacting that Order with or without modification)). 3 Approval of Materials and Finishes: Prior to their respective installation, application or use on the development hereby approved, further methods, specification details/samples of the undernoted external and internal materials and methods (as noted below) shall be submitted to, and approved in writing by, the Planning Authority and thereafter the development shall be completed in accordance with the approved details/samples/methods, unless otherwise
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 2 of 11 agreed in writing by the Planning Authority. a) Stone cladding (for cask warehouse, distillery building and courtyard building) - sample, specification/sizes and laying/coursing methods; b) Metal Cladding (for cask warehouse building) - specification, colour and fixing method; c) Roof ventilator/pagoda detail (for cask warehouse building) - detail drawing, materials and colour; d) Large solid doors (for cask warehouse) - specification, material and colour e) Greenhouse Framing and Glazing - specifications, materials and colour f) Roofing (for all buildings) - specifications, materials, finish/colour and fixing methods g) Timber portal frame (for distillery building extension) - specifications and finish h) Fibre Cladding (for all other east site buildings) - specifications, materials, colour and fixing methods i) Timber cladding (for all other east site buildings) - specifications, materials, finish and fixing methods j) New windows and doors and feature windows - specifications, materials and external colour; 4 Detailed Landscaping & Biodiversity Plan: Prior to the first occupation and use of the development hereby approved a fully detailed landscaping plan shall be submitted to and approved in writing by the Planning Authority. The plan shall include the following: 1. A planting scheme (incorporating plans at a scale of 1:500 or greater) which shall include schedules of plants, noting species, plant sizes and proposed numbers/densities, planting methods and measures to ensure establishment of all planting and a 5-year maintenance regime for all new planting; 2. details of proposed measures to enhance the biodiversity of the application site shall be submitted to and approved in writing by the planning authority. The measures shall have regard to the Nature Scot consultation 'Developing with Nature guidance - Guidance on securing positive effects for biodiversity from local development to support NPF4 policy 3(c)' and any replacement guidance 3. A specification for all hard surfacing materials; 4. Details of any proposed fences, barriers or enclosures (including for bin stores); 5. Details of all proposed ancillary structures (picnic benches, cycle storage etc.). Thereafter the development shall be completed in accordance with the approved details. 5 Implementation of Landscape Planting, Biodiversity Measures and Maintenance: The landscaping and biodiversity enhancement details approved under Condition 4 shall be implemented no later than the first planting season following the development being brought into use and shall be maintained thereafter in accordance with the approved scheme. Any plants or trees or plants that are removed, dying, damaged or diseased within 5 years of
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 3 of 11 planting shall be replaced and reinstated by the end of the next available planting season, to the satisfaction of the Planning Authority. 6 Sustainable Urban Drainage (SUDS): Prior to the commencement of development suitable and sufficient measures for the effective collection and disposal of surface water during the construction phase shall be employed. Prior to first occupation and use of the development hereby approved, further details of the proposed SUDS, which shall follow the principles outlined in the SUDS Manual (C753) published by CIRIA, shall be submitted to and approved in writing by the Planning Authority 7 Roads & Parking: Site access from the public carriageways into either the western site or the eastern site shall be formed and completed prior to the commencement of the respective main building or engineering construction works for the development hereby approved on either of those sites and shall be implemented and thereafter maintained in accordance with the undernoted requirements, unless otherwise agreed in writing by the Planning Authority, in consultation with the Roads Authority: Western site & car park a) The access and egress from the existing car park onto the Old Luss Road must achieve a visibility splay of 25 x 2.4 x 1.05 metres as measured from the edge of the carriageway and be maintained in perpetuity; b) A pedestrian visibility splay of 2.4 x 2.4 x 0.9 metres must be achieved as measured from the edge of the Old Luss Road carriageway, and be maintained in perpetuity; c) Surface water drainage shall be achieved within the boundary of the site and managed so that no water from the site shall discharge onto the public carriageway; Eastern site and associated access d) The vehicle access must achieve a visibility splay of 25 x 2.4 x 1.05 metres as measured from the edge of the carriageway and be maintained in perpetuity; e) A pedestrian visibility splay of 2.4 x 2.4 x 0.9 metres must be achieved as measured from the edge of the carriageway, and be maintained in perpetuity; f) The first 5.0 metres of access, measured from the edge of the carriageway, must be surfaced with a bound material; g) Vehicle parking and turning should be achieved within the curtilage of the site, with adequate manoeuvring space within the site for a vehicle to entre and leave in forward gear; h) Surface water drainage shall be achieved within the boundary of the site and managed so that no water from the site shall discharge onto the carriageway; 8 Low/Zero Carbon technology: The photo-voltaic panels and Air Source Heating System as proposed, shall be installed prior to the first occupation of the respective buildings hereby approved. Further specification details and dimensions, locations and numbers of photo- voltaic panels and locations and specifications of air source heat pumps shall be submitted and approved in writing by the planning authority prior to their installation. If there is a proposed change to the low/zero carbon technology then this shall be first approved in writing by the planning authority prior to its installation. The approved specifications shall thereafter be implemented as approved.
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 4 of 11 9 External Lighting: Prior to their installation, further details of any external lighting shall firstly be submitted to, and approved in writing by, the Planning Authority and thereafter implemented as agreed. Any external lighting shall comply with the Scottish Government Guidance Note: 'Controlling Light Pollution and Reducing Lighting Energy Consumption'. 10 Amenity - Construction Phases: Prior to commencement of development the applicant shall undertake identification and assessment and submit a management plan (to address suitable control measures) of all potential sources of nuisance from the construction phases of development, including noise/vibration, dust, surface runoff and any temporary lighting provided, which may cause disturbance to nearby residents during the construction of the development to be undertaken by the applicant. This must include all aspects of the proposal (e.g. ground works/access road improvements, construction of buildings and associated facilities). This should include consideration of intended hours of operation, movement of vehicles, use of plant and storage of equipment and materials on site. Thereafter the management plan, as agreed in writing by the Planning Authority in consultation with Environmental Health, shall be complied with thereafter. 11 Amenity - Noise Assessment: Prior to commencement of the operation of the distillery (excepting a short testing period for recording noise readings pursuant to the requirements of this planning condition) a noise assessment shall be undertaken in terms of BS4142:2014+A1:2019 Method for rating industrial noise affecting mixed residential and industrial areas and shall be submitted to, and approved in writing by the Planning Authority, in consultation with Argyll & Bute Council Environmental Health. The identified controls thereof must ensure that the development does not exceed Noise Ratings NR30 and NR25 in the bedrooms of the identified housing Noise Sensitive Receptors for day time and night time respectively. 12 Amenity - Operation of Distillery and Visitor Centre: Within 3 months of the commencement of production (unless otherwise agreed in writing by the Planning Authority) the applicant shall undertake identification and assessment and submit a management plan (to address suitable control measures) of all potential sources of nuisance including noise/vibration, odour, lighting and aesthetic impact from the growth of black mould on nearby properties and structures. This should include consideration of intended hours of operation, timing of deliveries, movement of vehicles, siting of lighting, use of plant and storage of equipment and materials on site, development of a regular maintenance programme to remove any build-up of black deposits on nearby properties caused by black mould, if required. Thereafter the management plan, as agreed in writing by the Planning Authority in consultation with Environmental Health, shall be complied with thereafter. 13 Compliance with Ecological Assessment Recommendations: The development hereby approved shall take place in accordance with the recommendations in Section 4.2. "Recommended Mitigation" of the submitted Preliminary Ecological Assessment dated August 2020 by Aquila Ecology. 14 Approval of Signage Details: Prior to installation, the details of all proposed signage shall be submitted to and approved by the Planning Authority by way of an application for Advertisement Consent under The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. This shall include the dimensions of the signs, the maximum heights of proposed lettering, the colours to be used, the location of the signs (including height from the ground) and details of any proposed illumination.
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 5 of 11 15 Construction Working Hours: No noisy works (i.e. works audible at the site boundary) shall take place outside of the hours of 08.00 to 18.30 hours Monday to Friday, and 08.00 to 13.00 hours on Saturdays - no noisy works are permitted on Sundays or Bank Holidays. The National Park Authority’s reasons for imposing these conditions are: 1 In accordance with section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended). 2 To ensure that other Class 5 uses are subject to formal control by the Planning Authority in order to safeguard the amenities of the area. 3 To ensure the quality of design and finish is appropriate and preserves the character of the Luss Conservation Area and to comply with Policy 7 of NPF4 and Historic Environment Policy 2 of the National Park's Local Development Plan. 4 To ensure that the visual amenity and character of the conservation area is preserved in accordance with Policy HEP2 and because the proposed development requires landscaping to integrate it appropriately with the surroundings in accordance with Policy NEP1. 5 To ensure a satisfactory quality of development is achieved and planting is implemented, established and maintained in the interests of the visual amenity of the site, the character of the conservation area and to ensure biodiversity enhancement in accord with Policy 3 of NPF4 and Policies NEP1, HEP2 and NEP6 of the Local Development Plan. 6 The approved development requires SUDS to comply with Policy 22 of NPF4 and Policy NEP12 of the Local Development Plan. 7 To ensure that the development is constructed to the required standards in the interests of road and pedestrian safety and to accord with Policy TP3 of the Local Development Plan. 8 To ensure the detailing and siting of the panels and pump unit do not cause adverse impact on the design and appearance of the development or the Luss Conservation Area and to comply with NPF4 Policies 1 & 2 and Policy OP2 of the Local Development Plan in relation to providing 20% of energy requirements from zero and low carbon technology to reduce greenhouse gas emissions. 9 To protect the amenity of the immediate area, avoid nuisance from light pollution and to support the reduction of energy consumption and to accord with Policy OP2. 10 In order to avoid sources of nuisance in the interest of amenity and to accord with Policy OP2. 11 To ensure the noise impacts on adjacent residents are satisfactorily mitigated and to accord with Policy OP2. 12 In order to avoid sources of nuisance in the interest of amenity and to accord with Policy OP2. 13 To ensure compliance with Policy NEP4 and to ensure no offences are committed under the Wildlife and Countryside Act 1981 (as amended). 14 To ensure the proposed signage preserves or enhances the Luss Conservation Area and because the proposed signage separately requires Advertisement Consent. 15 n the interests of safeguarding residential amenity and to accord with Policy OP2.
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 6 of 11 Reason for Decision The development would provide a new visitor experience within Luss which is acceptable in principle under the Local Development Plan's visitor experience policies VEP1 and VEP2 and therefore complies with Policy 30 of NPF4. It also would address the aims of the West Loch Lomondside Rural Development Framework to increase vitality and accords with the Local Development Plan's economic development policies ED1 and ED2 and presents compatible development of existing previously approved sites and as such is supported by Policies 9, 26, 27 and 29 of NPF4. The proposed design is of high quality and the scale, siting and materiality would preserve the character and setting of the Luss Outstanding Conservation Area and nearby listed buildings in accordance with Local Development Plan Policy HEP2, the Listed Buildings and Conservation Area Planning Guidance and Policy 7 of NPF4 and subject to landscaping and biodiversity enhancements would accord with Local Development Plan Policy NEP1, NEP6 and Policy 3 of NPF4. Subject to environmental controls to protect village and residential amenity, as recommended, the proposals would comply with Local Development Plan Policy OP2 and Policy 23 of NPF4. Informatives It should be noted: 1 Notification of Initiation of Development - Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. We recommend this is submitted 2 weeks prior to the start of work. A failure to submit the notice, included in the decision pack, would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 2 Notification of Completion of Development - As soon as practicable after the development is complete, the person who completes the development is required by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give written notice to the planning authority of the completion of the building works. As before, there is notice for you to complete for this purpose included in the decision pack. In larger, phased developments, a notice of completion is to be submitted as soon as practicable after each phase is finished by the person carrying out the development. 3 Roads Consent - The applicant is advised that in terms of Sections 21 and 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the appropriate Council as Roads Authority consent to construct a new or to alter, open or extend an existing road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 4 Waste Permit/Licence (SEPA) - Details of SEPA's regulatory requirements and good practice advice can be found on the regulations section of SEPA's website. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of SEPA's local compliance team at GGCE@sepa.org.uk 5 Health and Safety - The applicant shall contact Regulatory Services (Environmental Health) Tel: 01546 605519) to ensure that the premises are appropriate and comply with the
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 8 of 11 GUIDANCE This guidance forms part of your Decision Notice. Should you have a specific enquiry regarding this decision please contact the planning officer, Craig Jardine on Tel: 01389 722020. If you have an enquiry on a procedural matter please contact the Planning Information Line on 01389 722024 or email planning@lochlomond-trossachs.org. Planning Approval Subject to Condition(s) There may be a number of conditions attached to your planning permission. Please read these carefully paying particular regard to any that require the approval of the National Park Authority before your buildings works start on site. It is particularly important that these conditions are fully complied with as failure to do so would be a breach of planning control and may have the effect of invalidating your planning permission. You would then require a fresh planning application to be approved before you could proceed with the development. Variation of Planning Permission This approval gives permission solely for the development described in the decision notice, approved plans and other details, where specified. If you wish to vary this proposal, either before or during works, you should apply in writing to the planning authority with details demonstrating the changes you wish to make including revised plans. If the variation applied for is considered to be significantly or materially different to the description and details of the approved development then a fresh application would be required. If the variation sought is considered to be minor, the planning authority may agree the changes as a ‘non-material variation’ without the need for a further planning application. Other Consents In addition, if your development site comprises, or contains, a Listed Building, no works should commence until any necessary Listed Building Consent has been obtained from the National Park Authority – we are pleased to advise if any such consent is needed. This decision notice neither gives nor implies a decision on a Building Warrant Application, or Permission under any other legislation. If you have not already done so, you should contact the local Council to ascertain whether a Building Warrant is required. Rights of Review If you, the applicant, are aggrieved by the decision of the planning authority to grant permission subject to conditions in respect of the proposed development, you may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date on this decision notice. The notice of review should be addressed to: Local Review Body Loch Lomond and The Trossachs National Park Authority Carrochan Carrochan Road Balloch G83 8EG Reviews can also be submitted online. You must apply using the Notice of Review Form which can be found at www.eplanning.scot. If you have any queries or would like a hard copy of the form sent out then please phone the
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 9 of 11 Planning Information Line on 01389 722024 or email planning.reviews@lochlomond- trossachs.org. Following submission of the Notice of Review Form, you will receive an acknowledgement letter informing you of the date on which the Local Review Body will consider the case. Additional Note If permission to develop land is refused or granted subject to conditions, whether by the planning authority or by the Scottish Ministers, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the planning authority a purchase notice requiring the purchase of the owners of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 10 of 11 Notification of Initiation of Development Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 (s 27A and 123(1)) APPLICATION NUMBER: 2024/0189/DET DATE DECISION ISSUED: 9 December 2024 DEVELOPMENT AT: Luss Smokehouse, Church Road, Luss, Alexandria Please complete the table below and return this form before works start on site, preferably within a minimum of 2 weeks notice. A person who has been given planning permission must, as soon as practical, inform the planning authority of the date on which works will start on site. Submission of this form is a statutory requirement and will assist the LLTNPA to monitor active work within its area to ensure compliance with the approved details and to identify and correct any potential problem as it arises, rather than later when correction may be more difficult and more costly. Failure to submit this notice is a breach of planning control. Work will start on site on: _________________________________________________________ Anticipated completion date: ______________________________________________________ Name of Applicant: ______________________________________________________________ Address: ______________________________________________________________________ Contact Details: ________________________________________________________________ Name of person/builder carrying out the development: __________________________________ Address: ______________________________________________________________________ Contact Details: ________________________________________________________________ Name of Site Agent (if applicable): __________________________________________________ Address: ______________________________________________________________________ Contact Details: ________________________________________________________________ Please complete the above form and send to: Development Monitoring Officer, The Loch Lomond and The Trossachs National Park Authority, FREEPOST SCO5909, Balloch, G83 8EG email: planning.monitoring@lochlomond-trossachs.org
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LOCH LOMOND & THE TROSSACHS NATIONAL PARK AUTHORITY National Park Headquarters, Carrochan, Carrochan Road, Balloch, G83 8EG Long: 4O34’24’’W Lat: 56O00’12’’N T: 01389 722600 f: 01389 722633 e: info@lochlomond-trossachs.org w: lochlomond-trossachs.org Printed on paper sourced from certified sustainable forests Page 11 of 11 Notification of Completion of Development Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 (s 27B and s145) APPLICATION NUMBER: 2024/0189/DET DATE DECISION ISSUED: 9 December 2024 DEVELOPMENT AT: Luss Smokehouse, Church Road, Luss, Alexandria Please complete the table below and return this form on completion of work. A person who completes development for which planning permission has been given must, as soon as practical after doing so, give notice of completion to the planning authority. In the case of larger, phased development, notice should be given in respect of completion of each phase as per the terms of the planning permission. Submission of this form is a statutory requirement, however failure to submit this notice would not necessarily constitute a breach of planning control. Submission of this form will assist the LLTNPA Monitoring Officer to make a final inspection and, if necessary, to assist with the resolution of any matters including, for instance, discharge of any conditions that may be outstanding. Work on site was completed: ______________________________________________________ Name of Applicant: ______________________________________________________________ Address: ______________________________________________________________________ Contact Details: ________________________________________________________________ Please complete the above form and send to: Development Monitoring Officer, The Loch Lomond and The Trossachs National Park Authority, FREEPOST SCO5909, Balloch, G83 8EG email: planning.monitoring@lochlomond-trossachs.org