Lorne Thomson: Change of Use of Land to Vehicle Parking/Storage, Including Laying of Hardcore, Erection of Boundary Wall and Formation of Access (Part Retrospective): Land West of Bt Telephone Exchange, Garelochhead (Ref: 24/01249/Pp)
Argyll and Bute Council · 21 May 2025
Back to Planning, Protective Services and Licensing Committee — 21 May 2025 and its agenda
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Classification: OFFICIAL Argyll and Bute Council Development & Economic Growth Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No: 24/01249/PP Planning Hierarchy: Local Development Applicant: Lorne Thomson Proposal: Change of use of land to vehicle parking/storage, including laying of hardcore, erection of boundary wall and formation of access (part retrospective) Site Address: Land West Of BT Telephone Exchange, Garelochhead ____________________________________________________________________________ SUPPLEMENTARY REPORT NO. 3 (A) INTRODUCTION The purpose of this Supplementary Report is to present a set of revised draft Conditions to Members for approval following comments received from the applicant, Residents Association and the Roads Authority following publication of the supplementary report. ______________________________________________________________________ (B) UPDATE Comments were received in relation to Condition 2, 4, 5, and 8 which relate to operational use, the access to the public road and flooding. The comments were considered to be valid and required further consideration by planning officers. Condition 2 – Operational Use This condition relates to the operational use and the retention of a register of the cars on the site. It states that there shall be no more than 30 cars on site at any time and no individual car shall remain on site for more than a year plus a register must be kept of all cars. The applicant’s agent has commented on this condition and in summary made the following points: - Given the nature of the applicant’s business cars will be stored for two reasons – awaiting sale or following a service/MOT. The latter means that cars might only be stored for a very short period of time, say an hour. It is contended that the condition as drafted is overly restrictive as it requires all vehicles utilising the site to be recorded. - Another point is made about this condition in relation to the number of cars which is restricted to 30 vehicles as applied for. The agent states that they might be able to get more than 30 vehicles on the site without compromising the amenity of the area. They ask if flexibility could be added to the condition.
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Classification: OFFICIAL Officers consider the issues raised to be valid and accordingly suggest to Members that Condition 2 should be revised in accordance with the details marked up in red in Appendix 1 to provide a reasonable degree of flexibility to the applicant in their operation of the vehicle storage area. Condition 4 – Access to Public Road This condition relates to the details for the new access to the vehicle storage area where it enters the public road. The applicant phoned the Council’s Roads officer and it was agreed the access could be built to a lesser requirement than originally stipulated given Members of the Public would not be using the site. Therefore, reference to the standard drawing in Condition 4 is recommended to be changed from 002 which is a private driveway from an un-kerbed road to 005 which is an access across a public footway. In response to this point officers suggest to Members that Condition 4 shall be revised in accordance with the details marked up in red in Appendix 1 to reflect the lesser standards which the applicant has agreed with Roads in terms of width of the access. Condition 5 – Pedestrian Footway This condition relates to the requirement for a pedestrian footway of 2m width to be provided between the car park and the existing footway. Comments were received from both the applicant’s agent and the Residents Association querying why the 2m wide footway was required. It is confirmed that the specification for this condition was taken from the original consultation comments by the Council’s Roads officer. The Council’s Roads officer has confirmed that their original assumption was that the car park was publicly accessible provision, as such we were requesting an additional footway. However, as the facility will be for private use only then there is no need for this provision. Discussion between Roads and the applicant has identified that the applicant may wish to install gates to the site however no detail has been submitted or is shown on the Proposed Site plan. In lighting of the above, officers recommend that this condition is removed but is replaced with a new requirement in relation to gates to ensure that these are designed to open inwards and avoid obstructing the footpath and/or protruding into the carriageway of the road. Condition 8 – Flood Warning Signs This condition relates to a recommendation from the Flood Advisors regarding the provision of flood warning signs. The agent queried whether this was necessary given it is a private vehicle storage facility and not a public car park. The Council’s Flood Advisors have reaffirmed this was a recommendation only and therefore the planning authority can decide if they consider the signs necessary or not. The Flood Advisors confirmed they would not object if the condition was removed. In light of the above it is recommended that this condition is removed given it is a private facility and the condition is not necessary and will just add clutter to the site. The amended list of conditions attached as Appendix 1 has been re-numbered to reflect the deletion of this condition. ____________________________________________________________________________
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Classification: OFFICIAL (C) RECOMMENDATION It is recommended that the revised conditions and reasons appended to this report are agreed. ___________________________________________________________________________ Author of Report: Kirsty Sweeney Date: 20.05.2025 Reviewing Officer: Peter Bain Date: 20.05.2025 Fergus Murray Head of Development and Economic Growth
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Classification: OFFICIAL APPENDIX 1 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/01249/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated; 1st July 2024, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Location Plan 2024_0023_00A 22.08.2024 Existing Site Plan 2024_0023_01A 22.08.2024 Proposed Site/Landscape Plan 2413.03 101 01.07.2024 Topographical Survey 01.07.2024 Visualisation of Boundary Wall 02.08.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Operational use There shall be no more than 30 cars on the site at any time, unless otherwise agreed in writing with the planning authority and no individual car shall remain on the site for a continuous period of more than a year. A register of all cars stored for longer than a month including their registration numbers, dates the car was placed on the site and left the site shall be maintained by the Site Owner and shall be available at all reasonable times for inspection by the Planning Authority. Reason: In order to define the limits of the permission and to ensure cars are not abandoned on site for over a year and become unsightly. 3. PP – Environmental Management Plan No development shall commence on the laying of the car park surfacing or hard landscaping until a full site specific Environmental Management Plan (in the form of a proposed Construction Procedures Handbook) has been submitted to and approved in writing by the Planning Authority. The Plan shall address requirements arising from the construction of the car storage area and, shall inform the production of construction method statements, and shall specify the siting of working areas, soil management practices, measures to prevent pollution of watercourses and environmental site monitoring.
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Classification: OFFICIAL The development shall be implemented in accordance with the requirements of the duly approved Construction Procedures Handbook, copies of which shall be maintained available on site for the duration of construction works. Reason: In the interests of pollution control. 4. PP - Junction with public road: Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/005B; and visibility splays of 42 x 2.4 x 1.05 metres measured from the edge of the carriageway. The first 3m of the access shall be surfaced with a bound material and be a width of 3.6m, increasing to 3.7m if bound by walls in accordance with the stated Standard Detail Drawing. Prior to any car park formation construction works being undertaken the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and car being stored on site and the visibility splays shall be maintained clear of all obstructions thereafter. Reason: In the interests of road safety. Note to Applicant: • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. 5. Pedestrian Footway Prior to the development first being brought into use, a pedestrian footway connection of 2m width must be provided between the proposed car park and the existing footway alongside the B872. Reason: In the interests of pedestrian safety. Pedestrian Visibility and Gates Any access gates should be sited at least 6 metres from the rear of the footway and must be hung so that they do not open towards the carriageway and pedestrian visibility splay of 2.4 m x 2.4 x 0.9m measured from the rear of the footway must be achieved and maintained in perpetuity. Reason: In the interests of pedestrian and road safety to allow an entering vehicle to stop clear of the footway when the gates are closed. 6. PP - Parking and Turning As Shown The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the cars being stored on site and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety.
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Classification: OFFICIAL 7. PP – Surface Water Drainage – Further detail required Notwithstanding the provisions of Condition 1, no development shall commence until details of the intended means of surface water drainage to serve the development have been submitted to and approved in writing by the Planning Authority, in consultation with the Council’s Flood Advisors. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the cars being stored on the site and maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Regard should be had to SEPA’s consultation comments in relation to the proposed development. 8. Flood mitigation Prior to the car storage area being brought into use, details of flood warning signs shall be submitted to and approved in writing by the planning authority in consultation with the Council’s Flood Advisors. Thereafter the approved signs shall be erected on site within 3 months of being approved. Reason: to ensure that anyone using the site is aware of the risk of flooding and the potential damage to private property. 8. PP – Full Landscaping Scheme Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a final scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i. Proposed hard landscaping works including location design and materials of the proposed walls, surfacing materials and any gates; ii. Proposed soft landscaping including the location, species and size of every tree/shrub to be planted alongside the watercourse with no gaps and the road edge; iii. 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. PP – Biodiversity Enhancement
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Classification: OFFICIAL Notwithstanding the provisions of Condition 1, within 3 months from the date of this decision, a biodiversity statement has been submitted to and approved in writing by the Planning Authority. The statement shall demonstrate how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be implemented and maintained for the lifetime of the development. All physical biodiversity enhancement measures (bird nesting boxes, bat and insect boxes, hedgehog homes etc) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. 10. Non-Native Species Removal Plan Within 3 months of the date of this permission, an Invasive Non-Native Species (INNS) Flora Management and Removal Plan shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Council’s Biodiversity Officer. The approved plan shall have been prepared by suitably-qualified ecologist, and fully adhered implemented. Reason: In the interests of biodiversity.