Agenda reports pack
Argyll and Bute Council · 23 October 2024
Back to Planning, Protective Services and Licensing Committee — 23 October 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 16 October 2024 NOTICE OF MEETING A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be held BY MICROSOFT TEAMS on WEDNESDAY, 23 OCTOBER 2024 at 11:00 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. MINUTES (a) Planning, Protective Services and Licensing Committee held on 18 September 2024 at 10.30 am (Pages 3 - 22) (b) Planning, Protective Services and Licensing Committee held on 18 September 2024 at 2.00 pm (Pages 23 - 26) (c) Planning, Protective Services and Licensing Committee held on 18 September 2024 at 3.00 pm (Pages 27 - 28) (d) Planning, Protective Services and Licensing Committee held on 18 September 2024 at 4.00 pm (Pages 29 - 32) (e) Planning, Protective Services and Licensing Committee held on 20 September 2024 (Pages 33 - 36) 4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: TAXI FARE SCALE REVIEW (Pages 37 - 40) Report by Executive Director with responsibility for Legal and Regulatory Support 5. TORLOISK ESTATE: CONVERSION AND EXTENSION OF STONE BARN TO FORM DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND FORMATION OF VEHICULAR ACCESS: LAND WEST OF LAGGANULVA FARM, ULVA FERRY, ISLE OF MULL (REF: 23/00185/PP) (Pages 41 - 106) Report by Head of Development and Economic Growth Public Document Pack
Page 2
6. YLEM ENERGY LTD: CONSTRUCTION AND OPERATION OF A BATTERY ENERGY STORAGE SYSTEM (BESS) WITH ANCILLARY INFRASTRUCTURE: ARDENCAPLE FARM, RHU, HELENSBURGH (REF: 23/02472/PP) (Pages 107 - 136) Report by Head of Development and Economic Growth 7. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC: SECTION 42 APPLICATION FOR REMOVAL OF CONDITION 11 RELATIVE TO PLANNING PERMISSION REFERENCE 22/00782/PP (TO CONSTRUCT AND OPERATE A 132/275 KILOVOLT (KV) GIS SUBSTATION AND ASSOCIATED INFRASTRUCTURE THAT WILL CONNECT THE EXISTING 132 KV OVERHEAD LINE (OHL) FROM TAYNUILT TO INVERARAY TO A PROPOSED 275 KV OHL TO DALMALLY: LAND APPROXIMATELY 2.5 KM SOUTHWEST OF CLADICH (REF: 24/00260/PP) (Pages 137 - 154) Report by Head of Development and Economic Growth 8. MASTERPLAN REPORT: DUNOON & KILBRIDE HILL STRATEGIC MASTERPLAN (24/00604/MPLAN) (Pages 155 - 174) Report by Head of Development and Economic Growth 9. SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC: SECTION 42 APPLICATION FOR VARIATION OF CONDITION 7 RELATIVE TO PLANNING PERMISSION REFERENCE 23/00382/PP (ERECTION OF HIGH VOLTAGE ELECTRICITY SUBSTATION AND FORMATION OF ASSOCIATED ACCESS, LANDSCAPING, DRAINAGE AND MEANS OF ENCLOSURE AND PLATFORM EXTENSION): LAND ADJACENT TO CROSSAIG SUB STATION, SKIPNESS (REF: 24/01098/PP) (Pages 175 - 194) Report by Head of Development and Economic Growth 10. GOVERNMENT CONSULTATIONS: BUILDING REGULATIONS: DETERMINING THE PRINCIPLES FOR A SCOTTISH EQUIVALENT TO THE PASSIVHAUS STANDARD: STAGE 1 CONSULTATION (Pages 195 - 200) Report by Executive Director with responsibility for Development and Economic Growth 11. REGULATORY SERVICES PERFORMANCE REPORT 2023-2024 (Pages 201 - 220) Report by Executive Director with responsibility for Development and Economic Growth Planning, Protective Services and Licensing Committee Councillor John Armour Councillor Gordon Blair (Vice-Chair) Councillor Jan Brown Councillor Audrey Forrest Councillor Kieron Green (Chair) Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Mark Irvine Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie Philand Councillor Peter Wallace Contact: Fiona McCallum Tel. No. 01546 604392
Page 3
MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie Philand Councillor Peter Wallace Attending: Fergus Murray, Head of Development and Economic Growth Stuart McLean, Committee Manager Peter Bain, Development Manager Sandra Davies, Major Applications Team Leader Kirsty Sweeney, Area Team Leader (Bute, Cowal, Helensburgh and Lomond) Tim Williams, Area Team Leader (Oban, Lorn and the Isles) Stuart Ramsay, Senior Planning Officer Emma Shaw, Planning Officer 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey and Mark Irvine. 2. DECLARATIONS OF INTEREST Councillor Dougie Philand declared a non-financial interest in planning application reference 23/00185/PP as he was a personal friend of the leaseholder of the land. Councillor Dougie Philand also declared a non-financial interest in planning application reference 24/00564/PP as he was appointed to the Fyne Homes Management Board by the Council. He confirmed that he would leave the meeting and take no part in the consideration of both these applications which were dealt with at items 5 and 7 of this Minute. Councillor Graham Hardie declared a non-financial interest in Enforcement Case Reference 15/00051/ENAMEN as he was a personal friend of the landowner. He confirmed that he would leave the meeting and take no part in the consideration of this case which was dealt with at item 15 of this Minute. Councillor Peter Wallace also declared a non-financial interest in planning application reference 24/00565/PP dealt with at item 7 of this Minute. Having taken note of the Standards Commission Guidance in relation to declarations (issued on 7 December 2021), with specific reference to section 5.4(c), he did not consider that he had a relevant connection and as such would remain in the meeting. 3. MINUTES a) The Minute of the Planning, Protective Services and Licensing Committee held on 21 August 2024 at 11.00 am was approved as a correct record. Page 3 Agenda Item 3a
Page 4
b) The Minute of the Planning, Protective Services and Licensing Committee held on 21 August 2024 at 2.00 pm was approved as a correct record. c) The Minute of the Planning, Protective Services and Licensing Committee held on 29 August 2024 was approved as a correct record. 4. BEATON AND MCMURCHY ARCHITECTS LTD: SITE FOR THE ERECTION OF DWELLINGHOUSE: LAND NORTH OF LYNBURN, ROWAN ROAD, OBAN (REF: 22/01986/PPP) The Planning Officer spoke to the terms of the report. This application was presented to the PPSL Committee on 21 February 2024 and was granted subject to conditions and the conclusion of a Section 75 Agreement. A supplementary report advised Members of a change in circumstances regarding the legal control over the relevant section of land that negates the requirement for a Section 75 Agreement. Members were asked to note the content of this report, which did not introduce any new information that had not already been addressed in the original report of handling. It was also recommended that planning permission be granted subject to the conditions and reasons appended to this report. Decision The Committee noted the contents of the report and agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PPP – Matters Requiring AMSC Submission Plans and particulars of the matters specified in Conditions 3, 4, 5, 7, 8 and 9 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details. Reason: In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). 2. PPP - Approved Details The development shall be implemented in accordance with the details specified on the application form dated 30.09.2022 supporting information and, the approved drawings listed in the table below. Page 4
Page 5
Plan Title. Plan Ref. No. Version Date Received Site Plan & Section 2034 02 B 13.10.2022 Site & Location Plans 2034 03 B 13.10.2022 Cross Sections 2034 04 01.12.2022 Site & Location Plans Road Improvements Proposals 2034 07 A 06.02.2024 Junction Site Plan as Proposed 2034 11 06.02.2024 Reason: To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. 3. Timescale to be Agreed for Completion Pursuant to condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 4. Vehicular Access, Parking and Turning Pursuant to Condition 1 – no development shall commence until plans and particulars of the means of vehicular access and parking/turning arrangements to serve the development have been submitted to and approved by the Planning Authority. Such details shall incorporate: i) The upgrade of the existing access at the connection with the public road in accordance with the Council’s Roads Standard Detail Drawing SD08/002a with visibility splays measuring 2.4 metres to point X by 25 metres to point Y; ii) The provision of a parking and turning area in accordance with the requirements of Policy LDP 11 and Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015; iii) The provision of a footway to be provided over the total length of the private road; iv) A road carriageway with a minimum width of 3 metres; v) The provision of passing places in accordance with Operational Services Drawing 08/003a at locations approximately 50m, 90m and 180m from the junction with the public road; Page 5
Page 6
vi) The provision of a turning head in accordance with Figure 18 of The Roads Development Guide to be provided at the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’, with a bin storage area to the rear of the turning head; vii) The provision of street lighting ducting to be installed from the junction with the public road to the location where the private road separates to serve the dwellings leading to ‘Toriskay’ and the dwellings leading to ‘High Acres’ / ‘Rowan Hill’; Prior to any work starting on site, the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 0.6m above the road carriageway at point Y and the visibility splays shall be maintained clear of all obstructions thereafter. The approved scheme of road improvement works shall be fully implemented prior to any works commencing in relation to the construction of the dwelling. The developer shall provide written notification to the planning authority upon completion of the approved road improvement works and shall not proceed with any further development within the application site boundary until such time as written confirmation has been received from the planning authority, in consultation with the Council’s Roads Engineers, that the completed road improvements are satisfactory. 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. PPP – Availability of Connection to Public Water Supply Pursuant to Condition 1 - no development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided in writing to the Planning Authority before commencement of development. Reason: To ensure that the development is adequately served by a public water supply. Note to Applicant: • In the event that a public water supply connection cannot be obtained an alternative private water supply would constitute a material amendment requiring the submission of a further planning application. Page 6
Page 7
6. Sustainable Drainage System Notwithstanding the provisions of Condition 2, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: • Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk . 7. Design and Finishes Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the dwellinghouse has been submitted to and approved by the Planning Authority. These details shall incorporate: i) A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006; ii) A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within Policy 14 of NPF4; iii) Local vernacular design; iv) Maximum of one and three quarter storey in design; v) Rectangular footprint with traditional gable ends; vi) Symmetrically pitched roof angled between 35 and 42 degrees finished in natural slate or good quality artificial slate; vii) External walls finished in white wet dash roughcast, white smooth render, natural stone, timber cladding or a mixture of these finishes; viii) Details of finished ground floor levels relative to an identifiable fixed datum located outwith the application site, along with details of the existing and proposed site levels shown in the form of section drawings, contour plans, site level surveys, or a combination of these; ix) Windows with a vertical emphasis; and x) Details of an area within the application site for the placement of refuse/recycling bins. Page 7
Page 8
Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surroundings. 8. Landscaping and Biodiversity Enhancement 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 include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 9. Pre-commencement Survey Pursuant to Condition 1 - no development or other work shall be carried out on the site until a pre-commencement survey for the presence of nesting birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, Page 8
Page 9
to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. (Reference: Supplementary Report Number 2 dated 4 September 2024, submitted) Having previously declared an interest in the following item, Councillor Dougie Philand left the meeting at this point. 5. TORLOISK ESTATE: CONVERSION AND EXTENSION OF STONE BARN TO FORM DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND FORMATION OF VEHICULAR ACCESS: LAND WEST OF LAGGANULVA FARM, ULVA FERRY, ISLE OF MULL (REF: 23/00185/PP) The Planning Officer spoke to the terms of the supplementary report number 4. This application was presented to the Committee on 22 May 2024 and the Committee agreed to request from Planning Officers information on what impact this proposed development would have on access to, and operation of, the remaining agricultural land in terms of Policy 83 of LDP2 – Safeguarding Agricultural and Croft Land. Planning Officers sought further information from both the Applicant and the tenant farmer and this has now been received. A request was made to continue consideration of the application until the information received could be assessed. Decision The Committee agreed to note the content of the report and continue consideration of this application until the information received had been assessed. (Reference: Report by Head of Development and Economic Growth dated 8 May 2024, supplementary report number 1 dated 21 May 2024, supplementary report number 2 dated 10 June 2024, supplementary report number 3 dated 12 August 2024 and supplementary report number 4 dated 4 September 2024, submitted) Councillor Philand returned to the meeting. 6. BAKKAFROST SCOTLAND LTD: FORMATION OF FISH FARM (ATLANTIC SALMON) INCORPORATING 8 X 160M CIRCUMFERENCE CIRCULAR CAGES AND SITING OF FEED BARGE: WEST OF ISLE OF GIGHA (REF: 23/01758/MFF) The Major Applications Team Leader spoke to the terms of the report and to supplementary report number 1 which advised of an error in paragraph 4.2 of the main report of handling and late representations received. This application is for the installation of a new marine fish farm for the farming of Atlantic salmon in the Sound of Jura approximately 450 m west of the Isle of Gigha. The site would comprise 8 x 160 m circumference pens in a 2 x 4 formation along with a 600 tonne feed barge which would be located at the centre of the group on the shore side. The site would be serviced from the Company’s existing shore base located on the north east side of the Isle of Gigha. Page 9
Page 10
The proposal has attracted 31 objections and 16 expressions of support. An objection has also been raised by Gigha Community Council in their capacity as statutory consultee and they have requested that Members visit the site. Given the level of interest in the application and the complexity of the issues raised, it was recommended that Members give consideration to holding a pre-determination hearing in advance of determining this application. Decision The Committee agreed:- 1. to hold a discretionary pre determination hearing at the earliest opportunity on a hybrid basis within the Council Chamber, Kilmory, Lochgilphead and by Microsoft Teams; and 2. to hold a site visit in advance of the date of the hearing. (Reference: Report by Head of Development and Economic Growth dated 5 September 2024 and supplementary report number 1 dated 17 September 2024, submitted) Having previously declared an interest in the following item, Councillor Dougie Philand left the meeting at this point. 7. FYNE HOMES: ERECTION OF EIGHT AFFORDABLE DWELLINGHOUSES AND FORMATION OF VEHICULAR ACCESSES: VACANT LAND AT JUNCTION OF BALLOCHGOY ROAD AND BLAIN TERRACE, ROTHESAY, ISLE OF BUTE (REF: 24/00564/PP) The Area Team Leader spoke to the terms of the report. Planning permission is sought for the erection of eight dwellinghouses on a grassed area of land measuring 0.23 hectares in Rothesay, Isle of Bute. The proposal comprises four dwellinghouses (two semi-detached blocks) along the Ballochgoy Road frontage and four dwelling houses (two detached blocks and semi-detached block) along the Prospect Terrace frontage. The site is located within the ‘Main Town’ of Rothesay as identified in the adopted Argyll and Bute Local Development Plan (LDP2) and given that it was previously occupied by flatted blocks but is now grass, it represents brownfield land that has become naturalised. A sixteen signature petition objecting to the application has been submitted and a representation has also been received, which neither advances support nor expresses objection. Planning Officers consider the proposal to be consistent with the relevant provisions of the Development Plan and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission. It was recommended that planning permission be granted subject to the conditions, reasons and information notes detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions, reasons and informative notes: Page 10
Page 11
Standard Time Limit Condition for Planning Permission (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. Unless otherwise directed by any of the conditions below, the development shall be implemented in accordance with the details specified on the application form dated 22nd March 2024; the Addendum dated 3rd April 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 Drawing No. 7860/LOC - 28.03.2024 Existing Site Plan Drawing No. 7860/01 B 04.04.2024 Proposed Site Plan Drawing No. 7860/02 F 22.08.2024 House Type B Drawing No. 7860/03 D 28.03.2024 House Type E Drawing No. 7860/04 D 04.04.2024 Street Elevations as Proposed Drawing No. 7860/05 A 25.03.2024 Existing Below Ground Drainage Layout Drawing No. 312115- HAH-XX-XX-D-C-00030 P01 25.03.2024 Existing Below Ground Drainage Layout (Remediation) Drawing No. 312115- HAH-XX-XX-D-C-00031 P02 25.03.2024 Proposed Below Ground Drainage Layout Drawing No. 312115- HAH-XX-XX-D-C-00032 P03 25.03.2024 Proposed External Levels Layout Drawing No. 312115- HAH-XX-XX-D-C-00040 P04 25.03.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Page 11
Page 12
2. Parking Spaces and Dropped Footways Unless otherwise agreed in writing with the Planning Authority, prior to the development first being occupied, the following works shall be completed in accordance with the details shown on the approved Drawing No. 7860/02 Rev F ‘Proposed Site Plan’: • The parking areas within the curtilage of each dwellinghouse and the visitor parking spaces shown as V1 and V2 shall be laid out and surfaced and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles • The entire length of the footway along Ballochgoy Road between the westernmost parking bay at Plot 8 and the easternmost parking bay at Plot 5 shall be dropped • The entire length of the footway along Prospect Terrace between the northernmost parking bay at Plot 1 and the southernmost parking bay at Plot 4 shall be dropped Reason: In the interests of road and pedestrian safety. 3. Visibility Splays Prior to the occupation of each individual dwellinghouse, sightlines of 42 metres in both directions, measured from a distance of 2.4 metres back from the edge of the public road at the centre point of the two in-curtilage parking spaces, shall be cleared of all obstructions above a height of 1.05 metres from the level of the road and thereafter maintained as such in perpetuity. Reason: In the interests of road and pedestrian safety. 4. Removal of PD Rights - Dwellinghouses Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Class 1D and 2B of the aforementioned Schedule, as summarised below: Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Reason: To prevent the formation of additional window/door openings or dormer windows which may give rise to a loss of privacy to adjoining property without prior assessment on application by the Planning Authority; which would otherwise be capable of being carried out under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). Page 12
Page 13
5. Secure Affordability by Restricting Development to RSL The development hereby permitted shall only be implemented by a Registered Social Landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification) and shall not enure for the benefit of any other person, company or organisation. Reason: To ensure the provision of affordable housing to the standard required by the development plan in the absence of any other agreed means of securing such provision. 6. Timescale to be Agreed for Completion Prior to development commencing, details of the proposed timescale for completion of the approved development shall be submitted to and agreed in writing with the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 7. Electric Vehicle Charging Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), a scheme detailing the provision of a minimum 7kw electric vehicle charging point shall be submitted to and approved in writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be installed. The approved charging point or, where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the planning authority. Reason: to comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 8. Surface Water Drainage No development shall commence on the site until written evidence has been submitted to the Planning Authority that Scottish Water (or any of its successors as the organisation responsible for the public waste water treatment system) has authorised the connection of surface water drainage from the site into the combined sewer. Such evidence shall include full details of the design of the surface water drainage system that has been agreed with Scottish Water and the approved arrangements shall be fully installed prior to the occupation of the dwellinghouses. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Page 13
Page 14
9. Landscape/Surface/Boundary Treatment and Biodiversity Enhancement No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works including the details of the retaining walls; v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to comply with the requirements of NPF4 Policy 3. 10. Construction hours In order to minimise, as far as necessary, the level of noise and/or vibration to which nearby existing residents will be exposed during the erection of the dwellinghouses, the hours of working in relation to the construction of the development on the site should be restricted to 08.00 to 18:30 Monday to Friday and 08.00 to 13.00 on Saturdays. There should be no operations on Sundays or Bank Holidays. All operations should be undertaken in compliance with best practicable means for noise and vibration control as documented in BS 5228- 1:2009+A1:2014 and BS 5228- 2:2009+A1:2014. Reason: In order to avoid sources of nuisance in the interest of amenity. 11. Provision of Screening to Prevent Interlooking Between Habitable Room Windows Prior to the occupation of the dwellinghouses identified on the approved plans as Plot Numbers 7 and 8, details of those screening measures that are to be implemented along the boundary of the site as it meets with the southernmost curtilage of No. 2 Blain Terrace shall be submitted to and approved in writing by the Planning Authority. Such details shall identify the provision of a fence (or similar means of boundary treatment) that shall ensure there is no direct unobstructed line of sight between the window on the south-facing elevation of No. 2 Blain Terrace and the windows of any Page 14
Page 15
habitable rooms on the north-facing elevations of the dwellinghouses on Plot Numbers 7 and 8. The screening measures shall be fully installed in accordance with the approved details prior to the occupation of the subject dwellinghouses and shall be maintained in a safe and tidy condition thereafter unless the prior written consent of the Planning Authority is obtained for variation. Reason: In the interests of the privacy and amenity of the existing and proposed dwellinghouses having regard to the relevant provisions of NPF4 and the Argyll and Bute Local Development Plan 2 and its related Technical Notes. 12. Installation of Air Source Heat Pump Prior to the installation of any air source heat pumps within the development site, full details of their location and specification shall be submitted to and approved in writing by the Planning Authority. The noise level from the operation of any air source heat pumps that are installed must not exceed 42dB LAeq (5 min) at 1 metre from the window of a habitable room on the façade of any neighbouring residential property. If, in the opinion of the Planning Authority, any air source heat pump results in a noise nuisance to the occupant of any neighbouring dwelling, the Applicant shall install noise mitigation measures in agreement with the Planning Authority. Reason: In order to avoid sources of nuisance in the interest of amenity. 13. Waste Storage Prior to the occupation of the dwellings hereby approved, a detailed specification of the containers to be used to store waste materials and recyclable materials produced by the dwelling houses as well as specific details of the areas where such containers are to be located shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority, the storage of waste and recyclable materials shall be fully installed in accordance with the approved details prior to the occupation of each dwellinghouse. Reason: In the interest of visual amenity; to ensure that there is adequate storage for recycling of waste; and to protect the amenity of the immediate area by preventing the creation of nuisance due to odours, insects, rodents or birds. 14. Construction Management Plan Prior to the commencement of the development hereby approved, a Construction Management Plan shall be submitted to and approved in writing by the Planning Authority. The plan shall include the following: o Contact details for the contractor o The proposed route of construction traffic o The turning areas and wheel washing areas o The provision of appropriate signage o The location of the site compound (if any) and the parking area for vehicles belonging to site operatives and visitors Page 15
Page 16
o The location of the storage area (if any) for plant and materials used in the construction the development o The method of working and the measures to be implemented to control the emission of dust during construction. Such details shall be in accordance with the methodology outlined in the IAQM guidance on the assessment of dust from demolition and construction 2014 (version 1.1) o The location of the security fencing Thereafter, all works shall be carried out in accordance with the agreed Construction Management Plan. Reason: In order to avoid sources of nuisance in the interests of amenity. INFORMATIVE NOTES 1. The attention of the applicant/developer is drawn to the contents of the letter from Scottish Water dated 17th April 2024, which is available for inspection on the Council’s web site. With specific regard to Condition 8 above, it should be noted that Scottish Water have stated that, other than in limited exceptional circumstances, they will not accept any surface water connections into their combined sewer system for reasons of sustainability and to protect existing customers from flooding. In order to depart from this position on surface water connections, Scottish Water require significant justification to be prepared and submitted by the applicant/developer. It will be for the developer and their engineers to submit their case to Scottish Water. If this is found to be an unacceptable arrangement, an amended development may have to be designed or a different surface water drainage system may have to be formulated. The details of such a scheme will be expected to comply with SuDS and will be considered by the Planning Authority’s Flood Risk Adviser as required. 2. Those works to be undertaken on or adjacent to the public road will require a Road Opening Permit (S56) in advance of being carried out and it will also be necessary for positive drainage measures to be incorporated into the design of each individual access to ensure that surface water drainage will not pass on to the footway or carriageway. The applicant/developer is advised to contact Roads and Amenity Services on 01546 605514 or to use the following link to the Council's website: https://www.argyll-bute.gov.uk/licences/road-opening-permit (Reference: Report by Head of Development and Economic Growth dated 30 August 2024, submitted) Councillor Philand returned to the meeting. 8. MS LIZ MAXWELL: DEMOLITON OF EXISTING DWELLINGHOUSE AND ERECTION OF REPLACEMENT DWELLINGHOUSE AND ASSOCIATED WORKS: COMRAICH, MANNAL, ISLE OF TIREE (REF: 24/01153/PP) The Area Team Leader spoke to the terms of the report. In terms of the Settlement Strategy set out in the adopted LDP2, the site is identified as being within the defined Settlement Area of Balemartine on the proposals maps where LDP2 Policy 01 states that development will normally be acceptable subject to a number of criteria. Page 16
Page 17
The proposal is seeking to secure planning permission for the demolition of the existing dwellinghouse, ‘Comraich’ to allow for the redevelopment of the site with a purpose built dwellinghouse. The proposal has elicited 25 objections and 14 expressions of support. The main thrust of objection relates to the scale, design and finishes of the proposed development. It is the opinion of Planning Officers that the design proposed for the replacement dwellinghouse pays appropriate regard to the characteristics of the area and the proposal is considered to accord with the provisions of the current Development Plan and with national planning policy. It was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling. Decision The Committee agreed to grant planning permission subject to the following conditions and reasons: Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 19/06/24, 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 CH1087 – AECO – XX – ZZ – DR – A – 2000 05 20/06/24 Site Plan as Proposed CH1087 – AECO – XX – ZZ – DR – A – 2001 07 20/06/24 Site Plan as Existing CH1087 – AECO – XX – ZZ – DR – A – 2002 05 20/06/24 Floor Plans as Proposed CH1087 – AECO – XX – ZZ – DR – A – 2004 07 20/06/24 Elevations as Proposed CH1087 – AECO – XX – ZZ – DR – A – 2005 02 20/06/24 Street Elevation CH1087 – AECO – XX – ZZ – DR – A – 2006 03 20/06/24 Page 17
Page 18
as Proposed Sections as Proposed CH1087 – AECO – XX – ZZ – DR – A – 2007 02 20/06/24 Design Statement – 10 Pages 20/06/24 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP – Timescale to be Agreed for Completion No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 3. PP – Sustainable Drainage System Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk 4. PP – Submission of Sample Materials Notwithstanding the effect of Condition 1, no development shall commence until samples of the proposed roofing materials to be used in the proposed development have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 5. PP - Electric Vehicle Charging – Residential with off street parking Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), a scheme detailing the provision of a minimum 7kw electric vehicle charging point shall be submitted to and approved in Page 18
Page 19
writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be installed. The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the planning authority Reason: to comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging. 6. PP – Biodiversity Statement No development shall commence until a biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development has been submitted and agreed in writing with the Planning Authority. 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. (Reference: Report by Head of Development and Economic Growth dated 4 September 2024, submitted) 9. CLAN CAMPBELL (WHISKY) LTD: PROPOSAL OF APPLICATION NOTICE FOR WHISKY DISTILLERY, DUNNAGE WAREHOUSE, VISITOR EXPERIENCE AND ASSOCIATED INFRASTRUCTURE: INVERARAY CASTLE ESTATE, INVERARAY (REF: 24/01438/PAN) The Senior Planning Officer spoke to the terms of the report. The proposed site is located partly within and partly adjacent to a listed walled garden, first constructed between 1752 and 1755, all set within the historic designated garden and designed landscape of Inveraray Castle. In terms of the adopted Local Development Plan (LDP2), the site is located within the designated Countryside Area. The report sets out the information submitted to date as part of the Proposal of Application Notice (PAN) and summarises the policy considerations, against which any future planning application will be considered as well as potential material considerations and key issues based upon the information received to date. It was recommended that Members note the content of the report and submissions and provide such feedback as they consider appropriate in respect of the PAN to allow these matters to be considered by the Applicant in finalising any future planning application submission. Page 19
Page 20
Decision The Committee noted the content of the report and requested that the following matters be given consideration in finalising any future planning application submission – • The Committee welcomed the economic benefit to the area; • The Committee asked that consideration be given to using the existing access to the south of the estate as it had good visibility splays at that location; and • The Committee asked that consideration be given to the Applicant supporting the upkeep and maintenance of the Inveraray-Dalmally road. (Reference: Report by Head of Development and Economic Growth dated 30 August 2024, submitted) 10. DEVELOPMENT MANAGEMENT SERVICE PLAN 2024 - 2026 A report seeking the endorsement of the Development Management Service 2024 – 2026 attached as Appendix A was considered. The Service Plan provides an overview of the Development Management Service and its main duties and seeks to outline how the Service can operate to underpin the corporate objectives of the Council. Decision The Committee agreed to approve and endorse the Development Management Services Plan 2024 – 2026 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Development Management Service Plan 2024 – 2026, submitted) 11. DEVELOPMENT MANAGEMENT CHARTER 2024 A report seeking the endorsement of the Development Management Charter attached as Appendix A was considered. The Development Charter is intended to inform customer expectations by providing an overview of the Development Management Service, the Development Management Process, and to set out the standard of service that customers should expect in terms of both performance and the manner in which a service is provided. Decision The Committee agreed to approve and endorse the Development Management Charter 2024 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Development Management Charter 2024, submitted) Page 20
Page 21
12. UPDATED PLANNING ENFORCEMENT AND MONITORING CHARTER 2024 A report seeking the endorsement of an updated Argyll and Bute Enforcement and Monitoring Charter contained at Appendix A was considered. Enforcement Charters should be reviewed every 2 years and they must outline what service is provided to customers and complainants in relation to breaches and alleged breaches of planning control. Decision The Committee agreed to approve and endorse the updated Enforcement and Monitoring Charter 2024 attached at Appendix A of the submitted report. (Reference: Report by Executive Director with responsibility for Development and Economic Growth dated 10 September 2024 and Planning Enforcement and Monitoring Charter 2024, submitted) The Chair ruled, and the Committee agreed, to take a short comfort break at this point. The Committee reconvened at 12.35 pm with all those present as per the sederunt with the exception of Councillor Liz McCabe. 13. UPDATE ON RECENT SCOTTISH GOVERNMENT PLANNING APPEAL DECISION A report summarising a recent decision by Scottish Ministers following an appeal in respect of planning application reference 21/01583/PP, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) 14. UPDATE ON RECENT SCOTTISH MINISTERS SECTION 37 DECISION A report summarising the decision made by Scottish Ministers to approve Section 37 consent and deemed planning permission in respect of the proposed 275KV Transmission line from Dalmally to Creag Dhubh, was before the Committee for information. Decision The Committee noted the contents of the report. (Reference: Report by Head of Development and Economic Growth dated 5 September 2024, submitted) The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following 2 items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in Page 21
Page 22
Paragraph 13 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. Councillor Graham Hardie, having declared an interest in the following item, left the meeting at this point. 15. ENFORCEMENT REPORT - REFERENCE 15/00051/ENAMEN The Committee considered enforcement case reference 15/00051/ENAMEN. Decision The Committee agreed to continue consideration of this case for a period of 6 months to allow Planning Officers to make further investigations and consult with other agencies. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) Councillor Hardie returned to the meeting. 16. REQUEST FOR A TREE PRESERVATION ORDER The Committee considered a request for a Tree Preservation Order. Decision The Committee agreed the recommendations detailed in the report. (Reference: Report by Head of Development and Economic Growth dated 18 September 2024, submitted) Page 22
Page 23
MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Attending: Stuart McLean, Committee Manager Fiona Macdonald, Solicitor Heather Shephard, Applicant Sergeant Ben Rushden, Police Scotland 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey, Mark Irvine, Paul Kennedy, Liz McCabe, Dougie Philand and Peter Wallace. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR RENEWAL OF A TAXI DRIVERS LICENCE (H SHEPHARD, TAYNUILT) The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant opted to proceed by way of video call and Ms Shephard joined the meeting by MS Teams. Police Scotland opted to proceed by way of audio call and Sergeant Ben Rushden joined the meeting by telephone. The Chair outlined the procedure that would be followed and invited the Applicant to speak in support of her application. APPLICANT Ms Shephard advised that she has been a taxi driver for nearly 10 years. She first worked for Tower Taxis and then Mid Argyll Taxis. She confirmed that she now worked for herself as it allowed her to be more flexible. She apologised for the incident that had taken place. She said that she relied on her taxi job as her source of income to provide for herself and her family. She said that she had never had any incidents, nor even small bumps, apart from this incident. She added that she had never had any incidents when working. She advised that this had happened out with her working hours and was not in the car that she uses as a taxi and was unrelated to work in any way. She confirmed that she appreciated the seriousness of the incident and the need for this hearing. She apologised for not notifying the Council earlier of the incident. She said she was in complete turmoil about Page 23 Agenda Item 3b
Page 24
the whole thing and that she had not intended to hide anything and that she was sorry for that. QUESTIONS FROM POLICE SCOTLAND Sergeant Rushden confirmed that he had no questions. POLICE SCOTLAND Sergeant Rushden referred to a letter of representation dated 30 May 2024 from the Divisional Commander which advised that the Applicant had been convicted of a road traffic offence on 9 October 2023. She received a fine, a victim surcharge and had her licence endorsed as a result of an incident which had taken place on 15 May 2022. QUESTIONS FROM APPLICANT Ms Shephard confirmed that she had no questions. MEMBERS’ QUESTIONS Councillor Brown sought and received confirmation from Ms Shephard that she had been driving for about 7 years prior to being a taxi driver. Councillor Brown asked Ms Shephard if she could explain what happened at the time of the incident. Ms Shephard advised that she was coming along the road and felt the back wheels skid. She said that she had never been in a skid before and did not know what to do. She advised that she tried to control the car which went onto the road verge. She managed to bring the car back onto the road but it started to skid again and she lost control of the car and it spun round. Councillor Brown asked Ms Shephard if she had thought about undertaking any additional training courses on how to react when a car went into a skid. Ms Shephard confirmed that she had phoned the local driving instructor but they had been unable to assist. She said she tried to get in touch with Driving Skills Scotland but had not received a reply. She confirmed that if there was something available like that she would like to do this. Councillor Hardie sought and received confirmation from the Applicant that she had been driving at about 55 mph when the incident occurred. She said she did not think it was about speed and advised that she was driving on a straight bit of road. She said she did not know what caused the wheels to spin. She pointed out that the car was new to her and that may have been a factor. She said she was not sure if it was working properly at the time but advised that was no excuse. Councillor Green sought and received confirmation from Sergeant Rushden that the offence under Section 3 of the Road Traffic Act related to careless driving. Sergeant Rusden advised that in general terms careless driving ranged from ‘without causing serious injury’ at the lower end, which generally resulted in a fine with endorsement of points on a driving licence. It was noted that the Applicant had received 8 penalty points on her licence. Councillor Blair sought and received confirmation from Sergeant Rushden that there would have been an option for the Sheriff to instruct Ms Shephard to undertake a further driving assessment. He advised that from reading the report this was not done. Sergeant Page 24
Page 25
Rushden also advised that it was specialist Road Police Officers that attended the scene and they would have been in the best position to make such a recommendation. He confirmed that no such recommendation was made. Councillor Blair questioned whether there were other incidents that had occurred on that stretch of road around the same time. Sergeant Rushden said he did not have any specific details. He pointed out that the area of road in question was notorious for having serious accidents which tended to be down to driving too fast for the road conditions. He advised that at that section of road the corner was very tight, was surrounded by trees, and, at points, narrow. Councillor Hardie commented that 8 points on a licence for an incident seemed quite a lot. He asked Sergeant Rushden if this reflected the severity of the incident. Sergeant Rushden said it suggested that the Sheriff had taken it seriously based on what was presented in the report. He advised that final comments in the report advised of careless driving and that it was only luck they were not dealing with a more serious incident. SUMMING UP Police Scotland Sergeant Rushden advised that he had nothing further to add. Applicant Ms Shephard advised that she had passed Strone Point when the accident happened. She said that she was on a straight bit of the road when driving at 55 mph. She said she was not driving too fast going round the corner and that she did not know what had caused the accident. She pointed out that although it had not been a long time since passing her test, she had done a lot of driving as part of her job. She said that she had panicked on that occasion. When asked, both parties confirmed that they had received a fair hearing. DEBATE Councillor Kain said he was minded to say yes to this. He commented that there had been a huge degree of honesty from the Applicant. He said that anyone that has been driving for a long time would know that there can be road conditions that would confound you. He noted that Police Scotland were not saying Ms Shephard was an unfit driver and that he was minded to approve the application. Councillor Brown said that she had no reservations in approving this application. She advised that she appreciated that Police Scotland had to bring this information to the Committee’s attention. She said that she felt the Applicant had been open and honest about what had happened and she confirmed that she would like to approve the application. Councillor Hardie said that he thought this was a one off incident and that the Applicant had been very honest about that. He confirmed that he would have no problem with approving this application. Page 25
Page 26
Councillor Green said that he agreed with Councillor Kain in terms of people driving for a while and said he knew this type of accident could happen as it had happened to him. He advised that he could see this had shaken the Applicant and that she understood the seriousness of the situation. He confirmed that he would be happy to grant the application. Councillor Blair agreed with his colleagues. He referred to being a member of advanced motorists and said that he still made mistakes while driving. He asked if the Applicant could reassure him that, under her own validation, she would take some sort of additional driving assessment. He said that would give reassurance to her passengers that she had done something to ensure this type of incident did not happen again. Councillor Green pointed out that there was no opportunity in the procedure for the Applicant to respond to Councillor Blair. Councillor Armour said he agreed with colleagues. He said that this looked like a one off and that everyone had probably been there. He said that he thought the severity of points and the fine showed that it was pretty serious and, as the Police Officer had said, it was only pure luck that it was not more serious. He said that he thought everyone could accept that, and that he was sure that Ms Shephard also accepted that. He advised that like Councillor Blair he thought if Ms Shephard undertook an advanced driving assessment this would do no harm and that he hoped that she would consider that. Councillor Howard agreed with all that had been said. She said she was quite sure that anyone in an accident like that would become a much better driver and be more aware of what was going on. She said she would be happy to grant the application. DECISION The Committee unanimously agreed to grant the renewal of Ms Shephard’s taxi driver licence and noted that she would receive written notification of this within 7 days. (Reference: Report by Head of Legal and Regulatory Support, submitted) Page 26
Page 27
MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Dougie Philand Attending: Stuart McLean, Committee Manager Fiona Macdonald, Solicitor David Brown, Applicant Sergeant Ben Rushden, Police Scotland 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey, Mark Irvine, Paul Kennedy, Liz McCabe and Peter Wallace. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR RENEWAL OF A TAXI DRIVERS LICENCE (D BROWN, DUNOON) The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant opted to proceed by way of audio call and Mr Brown joined the meeting by telephone. Police Scotland also opted to proceed by way of audio call and Sergeant Ben Rushden joined the meeting by telephone. The hearing procedure was followed with the Committee hearing from both the Applicant and Police Scotland and receiving responses to their various questions. Motion To agree to continue consideration of this application and hold a fresh hearing in 3 months time to give the Applicant the opportunity to reflect on concerns raised by the Committee at this meeting. Moved by Councillor Gordon Blair, seconded by Councillor John Armour. Amendment To refuse to grant the renewal of the taxi driver licence on the grounds that the Applicant was not a fit and proper person to hold the licence. Moved by Councillor Kieron Green, seconded by Councillor Graham Hardie. Page 27 Agenda Item 3c
Page 28
A vote was taken by calling the roll. Motion Amendment Councillor Armour Councillor Green Councillor Blair Councillor Hardie Councillor Brown Councillor Howard Councillor Kain Councillor Philand The Motion was carried by 6 votes to 2 and the Committee resolved according. DECISION The Committee agreed to continue consideration of this application and hold a fresh hearing in 3 months time to allow the Applicant to reflect on concerns raised by the Committee at this meeting. (Reference: Report by Head of Legal and Regulatory Support, submitted) Page 28
Page 29
MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on WEDNESDAY, 18 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor John Armour Councillor Gordon Blair Councillor Jan Brown Councillor Graham Hardie Councillor Fiona Howard Councillor Andrew Kain Councillor Dougie Philand Councillor Peter Wallace Attending: Stuart Mclean, Committee Manager Fiona Macdonald, Solicitor Mohammad Asif Nazir, Applicant 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Audrey Forrest, Amanda Hampsey, Daniel Hampsey, Mark Irvine, Paul Kennedy and Liz McCabe. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION FOR GRANT OF A TAXI CAR LICENCE (M A NAZIR, ROCHDALE) The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicant opted to proceed by way of audio call and Mr Nazir joined the meeting by telephone. The Objector, Mr George Finlay, had advised that he would not be attending the hearing. He had asked that the Committee take into consideration his comments which were contained within the Agenda pack for this meeting and these were duly noted during the deliberations. The Chair outlined the procedure that would be followed and invited the Applicant to speak in support of his application. APPLICANT Mr Nazir said he was grateful for the opportunity to discuss his application. He advised that the reason he was relocating was to be closer to his family. He said that his mother had passed away and that his Aunt lived in Cardross. He said that he wanted to live near his Aunt to give her emotional support and allow them to become closer as a family. He said that he and his wife were truly captivated by the area which had left a lasting impression on them. He said that the neighbourhood was very welcoming and friendly towards them and supportive of their position. He advised that he had a cousin in Cardross who was a taxi driver and that he could see the demand was there for more drivers in the area. As part of his transition, he needed to Page 29 Agenda Item 3d
Page 30
work and was looking for employment opportunities that would support his skills and education. He advised that he has worked as a private hire driver around Manchester for almost 10 years and that he planned to continue this profession as he enjoyed being a taxi driver and providing a sense of positivity to the community. He said that he enjoyed the flexibility of the work and the opportunity to connect with different people on a daily basis. He said that he was positive that this move would benefit him both personally and professionally. He referred to the objection made to this application and advised that he totally understood this. He acknowledged there were a number of new taxis since the survey was carried out. He pointed out that demand was growing in the area and he expected it to continue to rise. He said that more people were returning to offices. He advised that customers wanted the convenience of time efficient transport which taxis provided. MEMBERS’ QUESTIONS Councillor Green sought and received confirmation from the Council’s Solicitor that there were currently 49 taxis in the Helensburgh and Lomond area. SUMMING UP Applicant Mr Nazir said he looked forward to becoming an active and positive member of the transport sector and he confirmed that he had received a fair hearing. DEBATE Councillor Brown said she had noted what Ms McDonald said about the current number of taxis in Helensburgh and Lomond area not changing since last month. She referred to a hearing held in August when the Committee agreed to refuse a taxi car licence application as it was felt that there was enough taxis in Helensburgh and to wait until the new survey was carried out. She asked if the Committee would be justified in allowing this one or would they have to wait until the new survey was done before issuing anymore licences. She said that she thought Mr Nazir sounded like a great person and that she had no issue with his application. She sought clarification on whether this application would have to be refused because the Committee had already taken a decision that there were enough taxis. Ms McDonald advised that she was not in attendance at the last hearing Councillor Brown was referring to. She pointed out that a decision was made by the Committee back in March to disregard the LVSA survey until a new survey was undertaken. She said that every case should be considered on its own facts and circumstances. She advised that the survey was not going to be carried out any time soon. She confirmed that the advice she would give the Committee today would be to consider the application on its own facts and circumstances and decide whether to grant or not. Councillor Howard sought and received confirmation from Ms McDonald that no timescale had been set for when a new survey would be carried out and that this was largely down to capacity. Ms McDonald advised that she would be concerned if the Committee agreed not to issue any more taxi car licences until the survey was undertaken. Page 30
Page 31
Councillor Green said that he believed the decision taken at the previous hearing was in regard to that particular application. Councillor Hardie said that he would be happy to grant the application due to the expanding nature of Helensburgh and the likely expansion of Faslane Naval Base. Councillor Howard sought and received confirmation from Mr Nazir that he would be working as an independent driver. Councillor Green advised that, taking account of the previous decision made, he had been minded to refuse this application. However, taking account of comments from Councillor Hardie and Councillor Howard he thought there was a case for granting this application. Councillor Armour confirmed that he supported what Councillor Hardie had said and that he would be happy to grant the application. Councillor Wallace asked if it would be better not to include the LVSA survey in future agenda packs if the Committee have agreed not to take it into account. Ms McDonald said she would not disagree with that. She said if Members wanted to move forward and not have it included in future packs this may aid in any ongoing confusion around the survey. She said she would have no difficulty with having it removed. Councillor Wallace said it would be more useful to have it removed until such times as there was a new document. Councillor Green advised that he was minded to agree and was sure that Officers would note that. DECISION The Committee unanimously agreed to grant a taxi car licence to Mr Nazir and noted that he would receive written confirmation of this within 7 days. (Reference: Report by Head of Legal and Regulatory Support, submitted) Page 31
Page 32
This page is intentionally left blank
Page 33
MINUTES of MEETING of PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE held BY MICROSOFT TEAMS on FRIDAY, 20 SEPTEMBER 2024 Present: Councillor Kieron Green (Chair) Councillor Jan Brown Councillor Audrey Forrest Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Attending: Stuart McLean, Committee Manager Alison MacLeod, Licensing Standards Officer David Walker, Solicitor Jennifer Shannon, Applicant Greig Cavanagh, Applicant 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors John Armour, Gordon Blair, Amanda Hampsey, Mark Irvine, Paul Kennedy, Dougie Philand and Peter Wallace. 2. DECLARATIONS OF INTEREST Councillor Fiona Howard declared a non-financial interest in the application for grant of a Short-Term Let License (G Cavanagh & J Shannon, Flat 1/3, 67 East Princes Street, Helensburgh, G84 7DG) as she was a personal friend of the objector. She confirmed that she would leave the meeting and take no part the consideration of this application which was dealt with at item 3 of this Minute. Councillor Fiona Howard, having declared an interest in the following item, left the meeting at this point. 3. CIVIC GOVERNMENT (SCOTLAND) ACT 1982: THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022: APPLICATION FOR GRANT OF A SHORT-TERM LET LICENCE (G CAVANAGH & J SHANNON, FLAT 1/3, 67 EAST PRINCES STREET, HELENSBURGH, G84 7DG) The Chair welcomed everyone to the meeting. In line with recent legislation for Civic Government Hearings, the parties (and any representatives) were given the options for participating in the meeting today. The options available were by video call, by audio call or by written submission. For this hearing the Applicants had opted to proceed by way of video call and Greig Cavanagh and Jennifer Shannon joined the meeting by MS Teams. Sue Smith, Objector, had opted to proceed by way of written submission. A copy of this was contained within the agenda pack and was considered by Members as part of their deliberations. The Chair invited the Licensing Standards Officer to speak to the terms of the report. Page 33 Agenda Item 3e
Page 34
Thereafter the procedure set out in Appendix 5 of the report was followed and the Chair invited the Applicants to speak in support for their application. APPLICANT Ms Shannon spoke on behalf of herself and Mr Cavanagh. She thanked the Committee for taking the time to review the application. She addressed the concerns raised by the Objector and stated that Sue Smith had acknowledged that the inspection report was satisfactory. She advised that following the objections that were raised they had fitted carpets in the living area, hall and bedroom but felt it was unreasonable to be asked to carpet the kitchen. In respect of the objection raised about the bins she stated that the objection was the first they had been told that the location of the bins was not suitable and that they had been sited in the same location since they bought the property in November 2023. She advised they had moved the bins to beside the outdoor staircase but this had not resolved the objection. She advised that they had asked the Objector where she would like the bins to be located but she had offered no recommendations. The Objector had suggested they install a black bottle bin, which they had, and all bins had been clearly labelled with the flat number. Ms Shannon stated that the parking for the property was on a main road with no double yellow lines and since purchasing the property they had not experienced any issues with parking. Due to the size of the property they would only expect 1 or 2 cars to require parking at any one time. She advised that they had employed a Property Management Company to ensure the smooth operation of the Short-Term Let. Under their guidance they had produced a guest handbook and installed a Ring doorbell camera. The camera would allow them to monitor the occupancy numbers and view all activity on the external staircase at the entrance to the property. She stated that guests would be given the telephone number of the Property Management Company along with her own mobile number. Due to her close proximity to the property she would be able to attend in person within 5 minutes should any issues arise. Ms Shannon advised that the Objectors flat had previously been used as a commercial property but upon changing the use to residential the Objector had designed the layout to have the bedroom beside the external staircase. As well as the window beside the staircase there was another which looks directly on to the main street. She advised that the Objector had acknowledged that the Applicants had greatly improved the interior of the property. In respect of the exterior issues such as roughcasting and guttering, the Objector had indicated that the condition had deteriorated over a number of years. She stated that she had obtained a quote to improve the roughcasting but the Objector had been unwilling to split the cost of the work to the areas which were shared responsibility. She stated that she was aware that another property in the block had applied for a Short- Term Let Licence and had not received any objections despite also having access to the shared garden and walkway. Page 34
Page 35
Ms Shannon stated that they had tried to address all the concerns which were raised but it had not made any difference and she felt the Objector was using the application to make them pay for the totality of the exterior works. MEMBERS’ QUESTIONS Councillor Brown asked what restrictions they were prepared to place on the use of the shared garden. Ms Shannon advised that initially they were prepared to surrender their use of the garden but as the other Short-Term Let property had access they did not now feel that was a fair solution. Councillor Hardie asked if their relationship with the neighbour was cordial. Ms Shannon advised that they had previously had a very good relationship but it had deteriorated when they asked her to contribute to the cost of the roughcasting, and that was when the objection had been submitted. Councillor Green asked if the kitchen and dining area still had hard flooring. Ms Shannon advised that the living area, kitchen and dining area were open plan and they had been carpeted up to the kitchen units but she felt it was unreasonable to ask for the kitchen to be carpeted where there would be food preparation. She stated that it was a small portion of the area above the Objectors bedroom that had hard flooring and that the Objector had previously advised that her bed was situated under the living area which had been carpeted. SUMMING UP Applicant Ms Shannon advised that they were happy to contribute to the upkeep of the exterior of the building and that their main focus was looking after the property and their guests. Councillor Green asked the Applicants if they felt they had received a fair hearing to which both confirmed they had. DEBATE Councillor Hardie stated he felt the applicant had been responsible in addressing all the issues that had been raised and he was happy to grant the licence. Councillor Hampsey stated he agreed with Councillor Hardie and was minded to grant the licence. Councillor Forrest stated that as the Applicant had addressed every objection she was happy to grant the licence. Councillor Brown said that as the Applicant had taken on board all of the issues raised she was happy to grant the licence. Councillor Green stated that as he lived in a close he had some sympathy with the issues raised relating to noise and the external staircase, however, it was clear that the Applicant had addressed all concerns are far as was practically possible and he was therefore happy to grant the licence. Page 35
Page 36
DECISION The Committee agreed to grant a Short-Term Let Licence subject the inclusion of additional conditions in respect of Antisocial Behaviour; Privacy and Security; Noise Control in Flatted Premises and Littering and Waste Disposal. (Reference: Report by Head of Legal and Regulatory Support, submitted) Page 36
Page 37
ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 23 OCTOBER 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 TAXI FARE SCALE REVIEW 1.0 EXECUTIVE SUMMARY In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority requires to fix maximum fares and other charges in connection with the hire of taxis operating in their area and to review the scales for taxi fares and other charges on a regular basis. The fares were last reviewed by members on 21st June 2023 and took effect on 22nd October 2023. A letter will be issued to all taxi operators on week commencing 28th October 2024 inviting their comments by 2nd December 2024. A further report will be placed before the Committee at their meeting on 18th December 2024 detailing the comments received from the taxi operators. 2.0 RECOMMENDATIONS The Committee are asked to: a) Agree to commence the review of fares in order that this can be completed within the 18 months required in terms of the Act. b) Agree that the consultation required in terms of the Act will be in writing. Page 37 Agenda Item 4
Page 38
ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE LEGAL AND REGULATORY SUPPORT 23 OCTOBER 2024 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 TAXI FARE SCALE REVIEW 1. 1.1 1.2 2. 2.1 3. 3.1 SUMMARY In terms of Section 17 of the Civic Government (Scotland) Act 1982, the Local Authority requires to fix maximum fares and other charges in connection with the hire of taxis operating in their area and to review the scales for taxi fares and other charges on a regular basis. The fares were last reviewed by members on 21st June 2023 and took effect on 22nd October 2023 A letter will be issued to all taxi operators week commencing on 28th October 2024 inviting their comments by 2nd December 2024. A further report will be placed before the Committee at their meeting on 18th December 2024 detailing the comments received from the trade. RECOMMENDATIONS The Committee are asked to a) Agree to commence the review of fares in order that this can be completed within the 18 months required in terms of the Act. b) Agree that the consultation required in terms of the Act will be in writing. DETAIL Section 17 of the Civic Government (Scotland) Act 1982 states that “the licensing authority must fix scales for the fares and other charges within 18 months beginning with the date on which the scales came into effect”. In terms of the last review the fares came into force on 22nd Page 38
Page 39
3.2 3.3 3.4 October 2023. The next fares scale will need to come into force in April 2025. Therefore the review process would require to commence in October 2024. At the meeting on 21st June 2023 the committee agreed that there be no change to the existing scales and that this will take effect from 22 October 2023; In terms of Section 17 of the Act in carrying out a review of taxi fares, the licensing authority must – a) Consult with persons or organisations appearing to it to be, or to be representative of, the operators of taxis operating within its area. b) Following the consultation – (i) Review the existing scales (ii) Propose new scales (whether at altered rates or the same rates. The Act does not stipulate how the consultation should be effected. 4. 4.1 A) B) 5. CONCLUSION Members are invited to agree that; The next taxi fare review should commence in order that it can be completed within 18 months as required by the 1982 Act. and Agree that the consultation required in terms of the Act will be in writing. IMPLICATIONS 5.1 Policy- None 5.2 Financial -none 5.3 Legal – The Council require to review taxi fares in terms of the Civic Government (Scotland) Act 1982 5.4 HR -none 5.5 Fairer Scotland Duty:-none Page 39
Page 40
5.5.1 Equalities - protected characteristics-none 5.5.2 Socio-economic Duty-none 5.5.3 Islands -none 5.6 Climate Change-none 5.7 Risk-none 5.8 Customer Service-none Douglas Hendry Executive Director with responsibility for Legal and Regulatory Support Policy Lead: Cllr Kieron Green For further information contact: Sheila MacFadyen, Senior Solicitor Tel: 01546 604265 Email Sheila.macfadyen@argyll-bute.gov.uk Page 40
Page 41
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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West Of Lagganulva Farm, Ulva Ferry, Isle of Mull SUPPLEMENTARY REPORT NO. 5 (A) INTRODUCTION This application was presented to the Planning, Protective Services and Licensing (PPSL) Committee on 22 May 2024, where the Committee agreed to continue consideration of the application to the meeting of the PPSL Committee on 19 June 2024. Supplementary Reports were presented to the Planning, Protective Services and Licensing (PPSL) Committee on 19 June 2024, 21 August 2024 and 18 September. The purpose of this current Supplementary Report is to bring Member’s attention to late representations received regarding the proposed development and to update Members on the submission of the further information requested in relation to Policy 83 of Local Development Plan 2, as addressed in Section B below. (B) REPRESENTATIONS Late Representations Three late objections and two late representations have been received to the application. Objections have been received from: Mr Tim McDowell, Corkamull Cottage, Ulva Ferry, Isle of Mull, PA73 6LY (12.06.2024) Christopher Nicholson of Scottish Tenant Farmers Association, Kidsdale Farm, Whithorn, Wigtownshire, DG8 8JU (18.06.2024) Mrs Philippa Lanteri, Langamull, Calgary, Isle of Mull, PA75 6QY (24.06.2024) Representations have been received from: Page 41 Agenda Item 5
Page 42
Classification: OFFICIAL Moray Finch of Mull and Iona Community Trust, An Roth Community Enterprise Centre, Craignure, Isle of Mull, PA65 6AY (18.06.2024) John Maughan of Mull Community Council, The Shieling, Croggan, Isle of Mull, PA63 6AH (20.08.2024) Summary of Issues Raised • The existing barn and adjacent land is strategically important to the operation of the farm due to its use as an isolation unit for bio-security purposes for stock. The land and buildings are separated from the main farm buildings and are therefore suited to use as an isolation unit. Farming operations would be negatively impacted by the loss of strategically important land and buildings. The existing barn is in good repair and is being used for its original purpose. The land adjacent to the barn is better quality land and as there is very limited amounts of better land, it should be protected for agriculture. The farm steading is an example of 19th Century architecture remaining in its original use. This is a rare and irreplaceable asset and is historically important. Comment: The barn the subject of this planning application is not listed or protected in any way. Neither is it located within a conservation area. It could, therefore, be demolished at any time without reference to the planning authority. In addition, none of the land surrounding the building and proposed to be included within its curtilage is classed as ‘prime agricultural land’. The ceasing of the agricultural use of the existing barn does not form a material planning consideration, however, the applicant submitted a prior notification application to erect a building as 'agricultural permitted development' on land to the north of Lagganulva Farm (our reference 24/00259/PNAGRI). The application was determined as permitted development in terms of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended. Given the limited scale of the proposed development and as it would not impact upon prime agricultural land as defined within National Planning Policy, and with due consideration to the significant extent of the wider agricultural landholding, the proposed development is, subject to a condition to secure the exact details of a reduced residential curtilage, considered to adhere to stipulations of NPF4 Policy 5 and LDP2 Policy 83. • The proposed development should be assessed against LDP2 Policy 11. Comment: The existing barn would be retained as part of the development proposal. It is proposed to repair and repoint the existing stone walls of the barn and make use of the existing tiled roof. The alterations to the existing barn would be limited to repairs to the walls and roof, the installation of windows and doors, and downtakings to facilitate the adjoining of the proposed extension. In this way, the proposed development would largely preserve the existing building, thereby retaining its character and appearance in accordance with the provisions of Policy 32. • Mature oak trees will come under development pressure during the proposed build and during the operational phase of the development. These trees are rare and a Tree Preservation Order is a reasonable and minimum mitigation to prevent their loss. Comment: The proposed extension to the existing barn would be sited towards the southeast corner of the application site, away from the mature trees which Page 42
Page 43
Classification: OFFICIAL are sited adjacent to the northwest of the existing barn. The submitted information advises that any excavation works in the area adjacent to the tree protection zone would be excavated by hand. The application does not propose any works to the trees on site. However, given the presence of established mature trees at the site, a suitable condition is required to secure the provision of a scheme for the retention and safeguarding of trees during construction work, to include detail of any proposed tree works and a programme of measures for the protection of trees during construction works. • Given the proximity to a working farmyard, the proposed development has the potential to cause conflict due to the noise and workings of a farmyard. The proposed development may undermine the viability of an existing business and limit the ability of the business to diversify in future. Comment: The application site is located southwest of the existing farm. Whilst the application site and the proposed development would be located in proximity to the agricultural business, the proposed development would be sited at a sufficient distance to ensure that there would be no impact upon neighbour amenity with regard to overlooking, visual intrusion or shading. In terms of ‘bad neighbour’ development, the application site would be physically separate from the established farm, which is sited on the opposite side of the public road. The proposed development would be well contained within the application site and would not share access with the farm, nor would the application site be functionally associated with the agricultural business. The proposed development would be sufficiently distinct from the farm and its associated activity such that it is not considered that there would be any adverse impacts upon the sensitive receptor of the dwellinghouse with regard to noise disturbance, odour pollution or light pollution. Any future applications for diversification of the farm business will be assessed on their own merits. • The agricultural tenant is the interested party most affected by the proposed development. The tenant should be allowed to represent themselves to the Planning Committee. Comment: Both the applicant and the tenant farmer have had opportunity to submit information to address the impact of the proposed development in relation to LDP2 Policy 83. The loss of the agricultural use of the existing barn is not, in itself, a material planning consideration as it is a privately owned building that is not afforded any protection status. Whilst officers have every sympathy with the tenant farmer, the applicant has, at the request of the planning authority, addressed this concern through the provision of a replacement agricultural building, as detailed within application reference 24/00259/PNAGRI. The applicant has also agreed to reduce the amount of the surrounding land to be given over to residential curtilage. Appropriate conditions will secure the provision of a replacement barn and will secure the exact details of a reduced curtilage to be associated with the proposed dwellinghouse. • The development would become a holiday home or holiday rental. The building would be renovated for use as a short term let rather than much needed affordable housing. A Rural Housing Burden should be imposed. Comment: The proposal the subject of this planning application is seeking to secure planning permission for the conversion of and extension to the existing Page 43
Page 44
Classification: OFFICIAL stone barn to form a dwellinghouse. The Planning Authority is satisfied that the existing barn, and the application site, is able to successfully accommodate a suitably sited, scaled and designed extension which would facilitate the conversion of the existing stone barn to form a dwellinghouse which would relate to the established appearance of the surrounding area. The application relates to the provision of a dwellinghouse and does not relate to short term let accommodation. Whilst it is acknowledged that the future occupancy or tenure of the dwellinghouse is unknown, the Council currently has no planning policies that could control this and, in that regard, this is not considered a planning issue of any overriding material significance. • A modern replacement farm building would have a landscape impact upon the scenic setting. Comment: The applicant submitted a prior notification application to erect a building as 'agricultural permitted development' on land to the north of Lagganulva Farm (our reference 24/00259/PNAGRI). The application was determined as permitted development in terms of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended. The report accompanying application 24/00259/PNAGRI considered that the erection of an agricultural building within the holding would have no materially negative visual impact on the environment or the wider landscape including the National Scenic Area. The replacement agricultural building is to be sensitively sited within the existing farm complex where it would be largely screened from the public realm by existing built development. The replacement agricultural building would instead relate both visually and functionally to existing buildings associated with the agricultural business and the scale of the replacement agricultural building would be commensurate with the functional need for the building and its setting in the landscape. (C) REQUESTED INFORMATION The proposal the subject of this planning application is seeking to secure planning permission for the conversion of, and extension to, an existing barn to form a dwellinghouse, along with associated access and infrastructure works. Further information has been requested from both the applicant and the tenant farmer in relation to the impact of the proposed development with regards to the provisions of LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. LDP2 Policy 83 relates to Safeguarding Agricultural and Croft Land and requires the applicant to demonstrate that new development proposals minimise the loss of agricultural land including in-bye land and croft land. The Policy states that new development proposals will not be supported where this would result in: a) the loss of agricultural land where it weakens the viability of the agricultural/croft unit; b) the fragmentation of field systems and the integrity of the farm unit; c) the loss of access to field systems. The Policy further states that if development proposals involve any of the foregoing, they will only be deemed acceptable where the applicant can adequately demonstrate that: Page 44
Page 45
Classification: OFFICIAL d) there exists a proven and justified significant economic, environmental or social wider community interest to allow the development to proceed; and e) there is no alternative viable land outwith the agricultural or croft land concerned for the development to proceed. The development proposed by the current application seeks to develop a rough area of ground adjacent to the existing barn. The total extent of the red line site boundary comprises approximately 0.4 hectares, and the wider farm extent extends to approximately 1190 hectares. A specialist Agricultural Report has been submitted on behalf of the applicant to assess the potential impact of the development on the ongoing viability of the tenant’s farming business. The information within the submitted Agricultural Report is summarised as follows: • The land at the farm contains land classifications ranging from ‘5.2 – Land capable as use as improved grassland. Few problems with pasture establishment but may be difficult to maintain’ to ‘6.3 Land capable of use as rough grazing with low quality plants’. • The land is managed for grazing with some of the lower-ground fields being of better quality, improved grasslands. The remainder of the farm is formed by rough hill grazings with some native woodlands. • The existing barn is used as an isolation unit for animals brought onto the farm, required for biosecurity and animal health purposes. The farm includes other buildings on the same side of the road as the farmhouse which could be used for the same purpose if required. • The applicant proposes to provide a new, larger replacement building for the tenant; the proposed building would be of a scale that could accommodate an isolation pen. The new building would be sited on the same side of the road as the existing farmhouse and other associated buildings, and would be more suited to modern agriculture. • The area of land forming part of the proposal to facilitate the development extends to approximately 1 acre. Whilst the land comprises in-bye land, the area does not have a field boundary and is open to the foreshore and road. The ground conditions comprise bracken and other long, dense vegetation offering limited, if any, grazing of any quality. The proposed curtilage area would represent 0.04% of the entire farm area. The proposed replacement agricultural building, as approved as 'agricultural permitted development', would offer the farming business the potential for time savings, more efficient handling of stock and therefore the potential to enhance farm viability. • Given the above, the Report concludes that the proposed development does minimise the loss of agricultural land as required by Policy 83 and would not weaken the viability of the agricultural unit. The site does not form part of a field unit and is sited separately from the main farmstead such that the proposal would not fragment the integrity of the unit. There would be no loss of access to field systems as the majority of the site does not form an enclosure. A Farm Impact Report has been submitted on behalf of the tenant farmer, an objector to the development. The report provides an assessment of the impact of the proposed Page 45
Page 46
Classification: OFFICIAL development on farm economics and operations with reference to relevant planning policy. The information within the submitted Farm Impact Report is summarised as follows: • The proposed development would introduce a sensitive receptor which would prevent the adjacent land being used for current forms of production and constrain future opportunities such that it is considered to amount to the loss of agricultural land and the weakening of the viability of the agricultural unit. • The siting of the proposed development in proximity to the existing agricultural activity would have an adverse impact upon neighbour amenity where the presence of a new dwelling would compromise existing and constrain future operations. • The proposed replacement agricultural building is unsuitable in terms of scale and location. • The boundary of the curtilage of the proposed dwelling should be of a solid construction to form a visual barrier to reduce the likelihood of activity within the curtilage of the proposed dwelling from disturbing livestock. • The information submitted by the applicant discusses an area of land which does not form part of the current application. The loss of this area may present a different set of operational considerations. • The farm has 22 hectares of improved in-bye land. • The tenant has not agreed to the replacement agricultural building and the remainder of the steading is currently in use such that they could not be used to replace the barn the subject of this current planning application. • The farm struggles to maintain stock due to the low quality of its unimproved land and any reduction in improved land would be detrimental to farm output. Topography and tree cover provide the field with more shelter than the farms other in-bye land. A public road isolates the field and barn from the rest of the steading; these characteristics make the field economically important and uniquely suited to uses where separation is advantageous or essential. This facility improves farm business efficiency and flexibility. • The loss of the field would require flock size to be reduced and as a result the tenant would lose associated support payments and would suffer reduced productivity. • The proximity of the proposed dwelling to the field would not allow for the field to remain in full agricultural production or allow it to be used without constraint as livestock management practices would impact the sensitive receptor of the proposed dwellinghouse. This would effectively amount to a loss of land. • There are alternative locations where poorer quality land could be developed. There are also a number of unused buildings falling into disrepair that could be converted. • The existing building is a key asset in the operation of the farm and is suitable for the purposes for which it is used. Page 46
Page 47
Classification: OFFICIAL • The location proposed by the applicant for the replacement barn is currently in use and a building would displace existing vehicle parking and impinge on manoeuvring space for vehicles. The proposed replacement shed would not be sufficient to fulfil the purpose of providing replacement livestock housing along with machinery and feed storage. • The presence of a dwellinghouse in proximity to the existing farm could hinder future diversification development. Pig and poultry enterprises could be constrained by a near neighbour. • The proposed dwelling would be located adjacent to a farmyard with machinery, workshop, livestock accommodation kennelled dogs and a poultry flock. Noise disturbance arising from the farm and livestock activity would adversely impact upon the amenity of the occupants of the proposed dwelling. Livestock and farm activities would occur immediately adjacent to the proposed dwelling and this would present the tenant with health and safety management concerns. • The economic viability of the farm could be affected by a close neighbour constraining current use and future diversifications of the farm. The supporting information of Local Development Plan 2 Policy 83 advises that Argyll and Bute has a significant area of agricultural land which is predominantly rough and hill grazing, with a very limited amount of good quality land. The national scale land capability for agriculture map provides information on the types of crops that may be grown in different areas dependent on environmental and soil characteristics. In this instance, the development proposed by the application seeks to develop an existing barn and a rough area of adjacent ground where the application site falls within Class 5.2. The land within this Class is defined as being capable of use as improved grassland, where pasture establishment may be difficult to maintain. For planning purposes, National Planning Framework 4 Policy 5 sets out ‘Prime Agricultural Land’ as being Class 1, 2 or 3.1 in the land capability classification for agriculture. Given that the application site falls within Class 5.2, the proposed development would not therefore impact upon prime agricultural land as set out within National Planning Policy. Notwithstanding the above and given the concerns raised by the tenant farmer, it is proposed to include a condition to secure the exact details of a reduced residential curtilage for the proposed dwellinghouse, to be submitted to and approved by the Planning Authority prior to the commencement of development. Local Development Plan Policy 83 expects applicants to demonstrate that new development proposals minimise the loss of agricultural land including in-bye land and croft land. In this instance, subject to the inclusion of the aforementioned condition, it is considered that sufficient measures have been taken to minimise the loss of agricultural land. The proposed development relates to the change of use, and extension to, an existing barn. LDP2 Policy 83 does not relate to buildings and instead seeks to safeguard agricultural and croft land. The consideration of the conversion of the existing barn would not therefore fall within the scope of NPF4 Policy 5 or LDP2 Policy 83. Sufficient and commensurate provision has been made to address the terms of LDP2 Policy 83 through the inclusion of a planning condition to define the exact extent of a reduced residential curtilage. Given the limited scale of the proposed Page 47
Page 48
Classification: OFFICIAL development and as it would not impact upon prime agricultural land as defined within National Planning Policy, and with due consideration to the significant extent of the wider agricultural landholding, the proposed development is, subject to appropriate conditions, considered to adhere to stipulations of NPF4 Policy 5 and LDP2 Policy 83. The ceasing of the agricultural use of the existing barn does not form a material planning consideration, however, the applicant submitted a prior notification application to erect a building as 'agricultural permitted development' on land to the north of Lagganulva Farm (our reference 24/00259/PNAGRI). The application was determined as permitted development in terms of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended. The report accompanying application 24/00259/PNAGRI considered that the erection of an agricultural building within the holding would have no materially negative visual impact on the environment or the wider landscape including the National Scenic Area. The replacement agricultural building is to be sensitively sited within the existing farm complex where it would be largely screened from the public realm by existing built development. The replacement agricultural building would instead relate both visually and functionally to existing buildings associated with the agricultural business and the scale of the replacement agricultural building would be commensurate with the functional need for the building and its setting in the landscape. Provision has therefore been made for an alternative building for use by the tenant farmer on land within the farm steading and closer to the existing buildings than the barn the subject of this application. The provision of the alternative agricultural building can be secured through the use of a suitable planning condition which would require it to be available for use by the tenant farmer before any works on the conversion of the existing barn commence. The terms of Condition 15 – Phasing of Development, relative to the application have been amended to allow for increased flexibility for an alternative scheme for the provision of the replacement barn. The full list of conditions, to include the amendment to the terms of Condition 15 and the inclusion of a condition to secure the exact details of the residential curtilage, is appended to this report. _________________________________________________________________________ (D) RECOMMENDATION That Members note the content of this report which provides a further detailed assessment of the proposed development in relation to NPF4 Policy 5 and LDP2 Policy 83. The recommendation of the Planning Authority remains that planning permission be granted subject to the conditions and reasons appended to Supplementary Report No. 5. _________________________________________________________________________ Author of Report: Emma Shaw Date: 03.10.2024 Reviewing Officer: Tim Williams Date: 03.10.2024 Fergus Murray Head of Development and Economic Growth Page 48
Page 49
Classification: OFFICIAL APPENDIX A – CONDITIONS AND REASONS RELATIVE TO APPLICATION NO. 23/00185/PP. CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00185/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 01.02.2023, 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 Existing Drawings 1 (downtakings in red) PL_003 02.02.2023 Existing Drawings 2 (downtakings in red) PL_004 02.02.2023 Proposed Elevations PL_008 02.02.2023 Proposed Plan PL_006 02.02.2023 Proposed Section A-A South Elevation and Section B-B PL_007 02.02.2023 Proposed Renders PL_009 02.02.2023 Proposed Interior Renders PL_010 02.02.2023 Existing Site Plan PL_002 27.02.2023 Proposed Site Plan PL_005 27.02.2023 Proposed Plan PL_006 27.02.2023 Location Plan PL_001 27.02.2023 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Timescale to be Agreed for Completion No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. Page 49
Page 50
Classification: OFFICIAL 3. Sustainable Drainage System Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: • Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk . 4. Landscaping and Biodiversity Enhancement No development shall commence until a scheme of biodiversity protection and enhancement, boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Page 50
Page 51
Classification: OFFICIAL Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. 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 SD08/004a and shall include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site 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 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. 6. 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 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. 7. Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Page 51
Page 52
Classification: OFFICIAL Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: • Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 8. Submission of Details of Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the roof coverings and external walls have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 9. PP - Removal of PD Rights – Dwellinghouse Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A, 3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Page 52
Page 53
Classification: OFFICIAL Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To maintain the integrity and architectural value of this bespoke dwellinghouse and to protect it and its immediate setting against inharmonious additions and accretions and to protect the sensitive area and the setting of the proposed dwellinghouse in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 11. Pre-commencement Survey No development or other work shall be carried out on the site until a pre- commencement survey for the presence of nesting birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 12. Implement/Operate Development in Accordance with Identified Mitigation Measures Notwithstanding the provisions of Condition 1, the development shall be undertaken in accordance with the mitigation measures set out in the documents titled ‘Preliminary Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated September 2022. Reason: In order to protect natural heritage assets in the interest of nature conservation. 13. Contaminated Land Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No Page 53
Page 54
Classification: OFFICIAL construction work shall commence until the scheme has been submitted to, and approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: b) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. c) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan). d) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed. 14. Tree Retention and Protection No development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise: i) Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development; ii) A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2005 “Trees in Relation to Construction”. Page 54
Page 55
Classification: OFFICIAL Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority. Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation. 15. Phasing of Development No development shall commence until such time as the associated replacement agricultural building (either as granted under prior notification ref. 24/00259/PNAGRI; or subsequently renewed/amended, or an alternative scheme for the provision of a replacement building that has been acknowledged as such in writing by the planning authority) has been erected and made available for agricultural use in the management of Lagganulva Farm. Reason: In order to ensure that the development of the existing barn the subject of this current planning permission is delivered in accordance with the stated management and development of the remainder of the agricultural holding. 16. Restricted Curtilage No development shall commence until details of a reduced residential curtilage for the proposed dwellinghouse has been submitted to and approved by the Planning Authority. The development shall thereafter be completed in strict accordance with such details as are approved. Reason: To assist with the integration of the proposal and to safeguard agricultural land. Page 55
Page 56
This page is intentionally left blank
Page 57
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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull _________________________________________________________________________ SUPPLEMENTARY REPORT NO. 4 (A) INTRODUCTION This application was presented to the Planning, Protective Services and Licensing (PPSL) Committee on 22 May 2024, where the Committee agreed to continue consideration of the application to the meeting of the PPSL Committee on 19 June 2024. Supplementary Reports were presented to the Planning, Protective Services and Licensing (PPSL) Committee on 19 June 2024 and 21 August 2024. The purpose of this current Supplementary Report is to update Members on the status of the further information requested in relation to Policy 83 of Local Development Plan 2, as addressed in Section B below. (B) REQUESTED INFORMATION Further information has been requested from both the applicant and the tenant farmer in relation to the impact of the proposed development with regards to the provisions of LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. Additional time is required to gain the requested information from the relevant parties and to subsequently assess the information with regards to the provisions of LDP2 Policy 83. _________________________________________________________________________ (C) RECOMMENDATION That Members note the content of this report and continue consideration of this application when the requested information has been received and assessed. ______________________________________________________________________ Author of Report: Emma Shaw Date: 04.09.2024 Reviewing Officer: Kirsty Sweeney Date: 04.09.2024 Fergus Murray Head of Development and Economic Growth Page 57
Page 58
This page is intentionally left blank
Page 59
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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull _________________________________________________________________________ SUPPLEMENTARY REPORT NO. 3 (A) INTRODUCTION This application was presented to the Planning, Protective Services and Licensing (PPSL) Committee on 22 May 2024, where the Committee agreed to continue consideration of the application to the meeting of the PPSL Committee on 19 June 2024. A Supplementary Report was presented to the Planning, Protective Services and Licensing (PPSL) Committee on 19 June 2024. The purpose of this current Supplementary Report is to update Members on the status of the further information requested in relation to Policy 83 of Local Development Plan 2, as addressed in Section B below. (B) REQUESTED INFORMATION Further information has been requested from both the applicant and the tenant farmer in relation to the impact of the proposed development with regards to the provisions of LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. Additional time is required to gain the requested information from the relevant parties. _________________________________________________________________________ (C) RECOMMENDATION That Members note the content of this report and continue consideration of this application to the meeting of the PPSL Committee on 18 September 2024 to allow for the requested information to be prepared. ______________________________________________________________________ Author of Report: Emma Shaw Date: 12.08.2024 Reviewing Officer: Sandra Davies Date: 12.08.2024 Fergus Murray, Head of Development and Economic Growth Page 59
Page 60
This page is intentionally left blank
Page 61
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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West of Lagganulva Farm, Ulva Ferry, Isle of Mull _________________________________________________________________________ SUPPLEMENTARY REPORT NO. 2 (A) INTRODUCTION This application was presented to the Planning, Protective Services and Licensing (PPSL) Committee on 22 May 2024, where the Committee agreed to continue consideration of the application to the meeting of the PPSL Committee on 19 June 2024. The purpose of this Supplementary Report is to update Members on the status of the further information requested in relation to Policy 83 of Local Development Plan 2, as addressed in Section B below. (B) REQUESTED INFORMATION Further information has been requested from both the applicant and the tenant farmer in relation to the impact of the proposed development with regards to the provisions of LDP2 Policy 83 – Safeguarding Agricultural and Croft Land. Additional time is required to gain the requested information from the relevant parties. _________________________________________________________________________ (C) RECOMMENDATION That Members note the content of this report and continue consideration of this application to the meeting of the PPSL Committee on 21 August 2024 to allow for the requested information to be prepared. ______________________________________________________________________ Author of Report: Emma Shaw Date: 10.06.2024 Reviewing Officer: Tim Williams Date: 10.06.2024 Fergus Murray Head of Development and Economic Growth Page 61
Page 62
This page is intentionally left blank
Page 63
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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West Of Lagganulva Farm, Ulva Ferry, Isle of Mull ____________________________________________________________________________ SUPPLEMENTARY REPORT NO. 1 (A) INTRODUCTION This application is to be presented to the Planning, Protective Services and Licensing (PPSL) Committee on 22 May 2024. The purpose of this Supplementary Report is to bring Member’s attention to late representations received regarding the proposed development which is addressed in Section B below. ______________________________________________________________________ (B) REPRESENTATIONS A late representation has been received from Cllr Willie Hume, local member for Oban South and the Isles (received 21st May 2024) raising the following issues: “I have been contacted by one of my constitutions, all be it very late in the day regarding Planning Application 23/00185/PP. A few points I would like to highlight before tomorrows meeting. 1 The application states that the house will connect to a public water supply, there is no public water supply in that area. 2 The electricity supply is on the opposite side of the road, the application does not state if the supply will be overhead or underground. If it is poles and overhead wires this will impact the surrounding landscape. 3 The proposed development is contrary to polices LDP Strat 1 and LPD 9 of the local development plan, I would strongly recommend a SITE VIST before any decision is made.” Comment: It is noted that the application is to be served by a private water supply, this matter is detailed in the main report of handling. It is noted that the provision of a connection to the electricity network is not a matter that requires express planning permission. The reference to LDP STRAT 1 and LDP 9 is unclear and it is assumed is made with reference to the now superseded Argyll and Bute Local Development Plan 2015. It is noted that there is no obvious conflict in respect of the intentions of LDP STRAT 1 which promotes the concept of sustainable development which is now looked at more extensively under the provisions of LDP2; it is also noted that the provisions of LDP 9 Page 63
Page 64
related to development setting, layout and design – again matters which are all reflected in detail within the updated context of LDP2 and against which officers have set out their assessment of the proposal and a recommendation that the current application is in accordance with these requirements. It is noted that officers have undertaken a site visit in their own assessment of the proposal and will include site photographs in their presentation to PPSL; it would be up to members to determine if a further site appraisal would add value to their own consideration of this matter. A further late issue has been conveyed as a verbal representation (further to her original written representation) from Kirsty Leitch to the Planning Authority, advising that the replacement agricultural building, as detailed within application reference 24/00259/PNAGRI, would not be suitable for the agricultural activities associated with the farm. Comment: The comments regarding the replacement agricultural building are noted. It is proposed to amend Condition 15 – Phasing of Development, relative to the application to allow for increased flexibility for an alternative scheme for the provision of the replacement barn. A late representation has been received, by email only, from Helen Mackay, dated 21.05.2024. The representation is summarised as: The replacement agricultural building is unsuitable, in practical terms, for the required agricultural purposes. The field forming part of the application site for the new house is part of the farm’s in-bye land and is classified as improved grassland. The field is used for holding hoggs on their return from away-wintering and at this time all other in-bye land is used to capacity. If allocating another field for these purposes, flock size would have to be reduced, losing support payments and productivity. This would be contrary to LDP2 Policy 83 where this would result in this loss of agricultural land where it weakens the viability of the agricultural unit. Housing hoggs elsewhere would be costly and an additional building would have visual impacts. Comment: The development proposed by the current application seeks to develop an existing barn and a rough area of adjacent ground. In terms of the land capability for agriculture, the application site falls within Class 5.2 where the land is capable of use as improved grassland, where pasture establishment may be difficult to maintain. NPF 4 Policy 5, sets out ‘Prime Agricultural Land’ as being Class 1, 2 or 3.1 in the land capability classification for agriculture. The proposed development would be of a location that it would not impact upon prime agricultural land, and its limited scale is such that it would not impact significantly upon land of lesser quality that is culturally or locally important for primary use, with due consideration to the extent of the wider agricultural landholding. The full list of conditions, to include the amendment to Condition 15, is appended to this report. ____________________________________________________________________________ (C) RECOMMENDATION That Members note the content of this report which does not introduce any new information that has not already been addressed in the original Report of Handling. The recommendation of the Planning Authority remains that planning permission be granted subject to the conditions and reasons appended to Supplementary Report No. 1. ______________________________________________________________________ Author of Report: Emma Shaw Date: 21.05.2024 Page 64
Page 65
Reviewing Officer: Peter Bain Date: 21.05.2024 Fergus Murray Head of Development and Economic Growth Page 65
Page 66
APPENDIX A – CONDITIONS AND REASONS RELATIVE TO APPLICATION NO. 23/00185/PP, TO INCLUDE AN AMENDMENT TO CONDITION 15, PHASING OF DEVELOPMENT. CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00185/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 01.02.2023, 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 Existing Drawings 1 (downtakings in red) PL_003 02.02.2023 Existing Drawings 2 (downtakings in red) PL_004 02.02.2023 Proposed Elevations PL_008 02.02.2023 Proposed Plan PL_006 02.02.2023 Proposed Section A-A South Elevation and Section B-B PL_007 02.02.2023 Proposed Renders PL_009 02.02.2023 Proposed Interior Renders PL_010 02.02.2023 Existing Site Plan PL_002 27.02.2023 Proposed Site Plan PL_005 27.02.2023 Proposed Plan PL_006 27.02.2023 Location Plan PL_001 27.02.2023 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Timescale to be Agreed for Completion No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 3. Sustainable Drainage System Page 66
Page 67
Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: • Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk . 4. Landscaping and Biodiversity Enhancement No development shall commence until a scheme of biodiversity protection and enhancement, boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Page 67
Page 68
Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. 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 SD08/004a and shall include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site 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 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. 6. 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 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. 7. Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Page 68
Page 69
Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: • Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 8. Submission of Details of Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the roof coverings and external walls have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 9. PP - Removal of PD Rights – Dwellinghouse Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A, 3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Page 69
Page 70
Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To maintain the integrity and architectural value of this bespoke dwellinghouse and to protect it and its immediate setting against inharmonious additions and accretions and to protect the sensitive area and the setting of the proposed dwellinghouse in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 11. Pre-commencement Survey No development or other work shall be carried out on the site until a pre- commencement survey for the presence of nesting birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 12. Implement/Operate Development in Accordance with Identified Mitigation Measures Notwithstanding the provisions of Condition 1, the development shall be undertaken in accordance with the mitigation measures set out in the documents titled ‘Preliminary Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated September 2022. Reason: In order to protect natural heritage assets in the interest of nature conservation. 13. Contaminated Land Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and Page 70
Page 71
approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: b) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. c) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan). d) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed. 14. Tree Retention and Protection No development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise: i) Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development; ii) A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2005 “Trees in Relation to Construction”. Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. No trees shall be lopped, topped Page 71
Page 72
or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority. Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation. 15. Phasing of Development No development shall commence until such time as the associated replacement agricultural building (either as granted under prior notification ref. 24/00259/PNAGRI; or subsequently renewed/amended, or an alternative scheme for the provision of a replacement building that has been acknowledged as such in writing by the planning authority) has been erected and made available for agricultural use in the management of Lagganulva Farm. Reason: In order to ensure that the development of the existing barn the subject of this current planning permission is delivered in accordance with the stated management and development of the remainder of the agricultural holding. Page 72
Page 73
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Argyll and Bute Council Development & Economic Growth 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: 23/00185/PP Planning Hierarchy: Local Development Applicant: Torloisk Estate Proposal: Conversion and extension of stone barn to form dwellinghouse, installation of septic tank and formation of vehicular access Site Address: Land West of Lagganulva Farm DECISION ROUTE ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Conversion and extension of barn to form dwellinghouse • Installation of private drainage system • Formation of vehicular access • Connection to private water supply (ii) Other specified operations • None (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Argyll and Bute Council – Roads Authority Report dated 14.03.2023 advising of no objections to the application subject to conditions relating to the formation of the access at the junction with the public road, the clearance and maintenance of visibility splays, the provision of a system of surface water drainage, and the provision of a parking and turning area. The report further advises that the required sightlines are achievable within the public road corridor. Scottish Water Letter dated 14.03.2023 advising of no objections to the application. Page 73
Page 74
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 NatureScot Letter dated 04.04.2023 advising that the proposed development lies within the Lagganulva Woodland Site of Special Scientific Interest and within the Loch na Keal National Scenic Area. The letter advises that the proposed development is unlikely to have a significant effect on the qualifying interests of these sites either directly or indirectly. The letter further advises that European Protected Species, such as bats and otters, may be present on the site. Argyll and Bute Council – Environmental Health Service Report dated 27.03.2023 advising that the application appears to be proposing the redevelopment of land where there is an indication of previous use which may be contaminative. The response recommends the inclusion of a planning condition relating to a site investigation and risk assessment. Local Biodiversity Officer Email dated 19.04.2023 advising of agreement with the submitted Preliminary Ecological Appraisal and requesting further surveys to identify the presence of otters, bats and nesting birds, and requesting the provision of a Tree Protection and Management Plan. Upon the submission of an Otter and Bat Survey Report, the Local Biodiversity Officer was re-consulted and, in an email dated 26.06.2023, advised that works should be carried out in accordance with the submitted Report. The above represents a summary of the issues raised. Full details of the consultation responses are available to view via the Public Access section of the Council’s website. (D) HISTORY: 24/00259/PNAGRI Erection of agricultural shed Prior Approval Not Required and permission therefore granted – Decision Issued 10.04.2024 (E) PUBLICITY: The proposal has been advertised in terms of Regulation 20 and Neighbour Notification procedures, overall closing date 18.04.2023. (F) REPRESENTATIONS: (i) Representations received from: 22 objections have been received to the application. OBJECTIONS Mr Daniel Brooks, Sapling Cottage, Ulva Ferry, Isle of Mull, PA73 6LY (14.04.2023) Mr Rhuri Munro, Ferry House, Ulva, Isle of Mull, PA73 6LZ (17.04.2023) Christine Leach (15.04.2023 and 17.04.2023) Celia Royce, Kellan Old Farm, Aros, Isle of Mull, PA72 6JY – by email only (17.04.2023) Page 74
Page 75
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Kirsty Leitch – by email only (17.04.2023) Miss Hilary Sutton, The Bothy, Tigh-Na-Caora, B8073 North of Ulva Ferry, from Grouse Cottage to C44 Ulva Ferry Road, Ulva Ferry, Isle of Mull, PA73 6LT (18.04.2023) Ms Irene Anderson, Burnedge, Bridge of Eam, Perth, PH2 9BP (18.04.2023) Ms Elizabeth Wood, 9 Lochmill Holding, Milton of Campsie, Glasgow, G66 8AG (18.04.2023) Mr Michael Hogan, 29 Coltpark Woods, Hamsterley Colliery, Newcastle Upon Tyne, NE17 7SP (18.04.2023) Mr Kieran Murray, Craighead Cottage, Braco, Dunblane, FK15 9LP (18.04.2023) E Wood – by email only (17.04.2023) Nick Mawhinney (14.04.2023) Sarah Mawhinney – by email only (17.04.2023) Dr Robert Stewart, Killiemore Garden Caravan, Killiechronan, Isle of Mull, PA72 6JZ (18.04.2023) Ms Helen Stace, Scoor Cottage, Ulva Ferry, Isle of Mull, PA73 6LX (four representations dated 18.04.2023) Tim Dixon, Scoor Cottage, Croft 3, Fanmore (18.04.2023) North West Mull Community Woodland Company Ltd, Penmore Mill, Dervaig, Isle of Mull, PA75 6QS (17.04.2023) Lauren Worrell, NFU Scotland, Rural Centre – West Mains, Ingliston, Newbridge, Midlothian, EH28 8LT (18.03.2024) Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: OBJECTION Conversion of existing barn • The existing barn is of historic and visual interest. • The tenant farmers still use the barn and have done so for a long time. The existing building remains in use for agricultural purposes. The building is not redundant and is part of a local enterprise. A replacement building would be required and is unlikely to be of a similarly traditional appearance. • If the existing barn building were to be removed from its current use, a replacement building would be required. The replacement building would not be in keeping with the setting. • Steading buildings that are maintained and in use on Mull are rare. Officer Comment: The barn the subject of this planning application is not listed or protected in any way. Neither is it located within a conservation area. It could, therefore, be demolished at any time without reference to the planning authority. The agent has advised that the existing barn, on the opposite side of the public road to the established farm steading, is unsuitable in terms of its siting, scale and form, and is not suitable for current agricultural use or machinery storage and does not provide an efficient space for such uses. The barn as existing is unable to accommodate agricultural machinery, meaning that machinery is kept outside. The ceasing of the agricultural use of the existing barn does not form a material planning consideration, Page 75
Page 76
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 however, the applicant submitted a prior notification application to erect a building as 'agricultural permitted development' on land to the north of Lagganulva Farm (our reference 24/00259/PNAGRI). The application was determined as permitted development in terms of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended. The report accompanying application 24/00259/PNAGRI considered that the erection of an agricultural building within the holding would have no materially negative visual impact on the environment or the wider landscape including the National Scenic Area. The replacement agricultural building is to be sensitively sited within the existing farm complex where it would be largely screened from the public realm by existing built development. The replacement agricultural building would instead relate both visually and functionally to existing buildings associated with the agricultural business and the scale of the replacement agricultural building would be commensurate with the functional need for the building and its setting in the landscape. Provision has therefore been made for an alternative building for use by the tenant farmer on land within the farm steading and closer to the existing buildings than the barn the subject of this application. The provision of the alternative agricultural building can be secured through the use of a suitable planning condition which would require it to be available for use by the tenant farmer before any works on the conversion of the existing barn commence. The existing barn would be retained as part of the development proposal. It is proposed to repair and repoint the existing stone walls of the barn and make use of the existing tiled roof. The alterations to the existing barn would be limited to repairs to the walls and roof, the installation of windows and doors, and downtakings to facilitate the adjoining of the proposed extension. In this way, the proposed development would largely preserve the existing building, thereby retaining its character and appearance. Biodiversity • The existing barn and the wider application site hosts bats, birds and otters. • Otters, bats and barn owls are present on and around the application site. • The submitted information does not demonstrate how the development would benefit biodiversity. Officer Comment: The application has been submitted with a Preliminary Ecological Appraisal and an Otter and Bat Survey Report. The Council’s Biodiversity Officer was consulted on the application and confirmed agreement with the submitted information, stating that a pre-commencement survey is required to identify bird nests within the application site. The Council’s Biodiversity Officer confirmed agreement with the proposed mitigation measures in relation to the impact of the proposed development upon otters, bats and nesting birds. Suitable conditions are required to ensure that the proposed development is carried out in accordance with the mitigation measures outlined within the submitted Preliminary Ecological Appraisal and the Otter and Bat Survey Report, and to secure the provision of a pre- commencement nesting bird survey to ensure that no bird species are compromised. NPF4 Policy 3(c) requires development proposals to include appropriate measures to conserve, restore and enhance biodiversity. The information submitted with the Page 76
Page 77
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 application has demonstrated that the development proposal would conserve biodiversity. With regard to biodiversity enhancement, adequate and proportionate measures for biodiversity enhancement and protection can be delivered by planning condition, to be secured prior to the commencement of development. The condition will secure the provision of biodiversity enhancement measures prior to the occupation of the development. Landscape and visual impact • The installation of windows into the existing barn would have a detrimental impact upon the character and appearance of the National Scenic Area, increasing the prominence of the building. The existing development at Lagganulva is a focal point and the existing house and steadings are important local landmarks. The proposed extension would be harmful to the location which is highly valuable in terms of scenic beauty. • The development would be sited within the Loch na Keal National Scenic Area. The Landscape Capacity Study specifically identifies the existing Lagganulva setting for special consideration. • The nearest electricity supply is on the opposite side of the road. No information has been provided as to whether the connecting cable would run underground or result in additional unsightly poles and lines. • No information has been provided regarding landscaping and boundary treatments. Officer Comment: The proposed windows are considered to be suitable to the scale of the existing barn and would have a negligible impact upon the appearance of the existing building. The application proposes to retain the scale and form of the existing barn, to include the repair of the existing stone walls and slate roof, and in this regard the development would retain the character and appearance of the existing barn without any material harm to the character and appearance of the National Scenic Area. The proposed extension would be modest in scale, occupying a total external footprint of 56 square metres. The proposed extension would have a simple and traditional narrow, linear form and a single storey dual-pitched roof, ensuring that it would not appear as unduly prominent. The proposed timber finishing materials would assist in providing the proposed extension with a simple appearance, ensuring that it would integrate with the appearance of the rural surroundings. The extension would be sited sensitively on land between the existing barn and the public road, ensuring that it would not encroach into more open and undeveloped areas of the site. The application proposes to retain the existing development at the site through the repair and conversion of the existing stone barn. In this regard, the site would remain a focal point within the landscape. Given the small scale and appropriate form, design and appearance of the proposed extension, the visual composition of the site would not be adversely impacted and the proposal would not therefore disrupt the visual focus. Page 77
Page 78
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 A scheme for boundary treatment, surface treatment and landscaping is to be secured via planning condition, to include the submission of details any proposed walls, fences and gates; surface treatment; and hard and soft landscaping works. Proposed use • The area does not need short term holiday letting properties; the area instead requires long term affordable accommodation. • Granting planning permission for a development of this nature would set a precedent for the use of agricultural buildings as short-term holiday letting accommodation where agricultural buildings are already in scarce supply. Officer Comment: The proposal the subject of this planning application is seeking to secure planning permission for the conversion of and extension to the existing stone barn to form a dwellinghouse. This is by no means an unusual type of development. The Planning Authority is satisfied that the existing barn, and the application site, is able to successfully accommodate a suitably sited, scaled and designed extension which would facilitate the conversion of the existing stone barn to form a dwellinghouse which would relate to the established appearance of the surrounding area. The application relates to the provision of a dwellinghouse and does not relate to short term let accommodation. Whilst it is acknowledged that the future occupancy or tenure of the dwellinghouse is unknown, the Council currently has no planning policies that could control this and, in that regard, this is not considered a planning issue of any overriding material significance. Water supply and drainage • The application indicates a connection to the public water supply, however no such supply is available and no details have been submitted regarding the private water supply. • All existing water supplies are barely adequate and demand from another development could not be sustained. • The proposed arrangement for sewage disposal is not satisfactory; the discharge would be to Laggan Bay which is within a designated Shellfish Waters Protected Area and that must be safeguarded. • The application has not been submitted with a technical report for foul water drainage. This is relevant as the building is adjacent to a watercourse and the proposed soakaway would be adjacent to a well and on an area of ground which is waterlogged all year round. Officer Comment: The agent has confirmed that the proposed development would be served by a private water supply. A suitable pre-commencement condition is required to secure an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Page 78
Page 79
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The application proposes the installation of a private drainage system and a soakaway. The Council’s Building Standards Service will apply sufficient control over the treatment plant arrangements at Building Warrant stage. The proposed drainage system would be regulated under the building standards to ensure that it is capable of being provided to a safe, effective and appropriate technical standard. Any discharge to the water environment would be regulated by SEPA under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). It is the responsibility of the installer and owner to ensure that the drainage system is installed and maintained correctly. Pollution enforcement is the responsibility of SEPA and as the proposed development is not located within a Waste Water Drainage Consultation Area there is no reason to assume that a safe and effective private wastewater system cannot be utilised. Additionally, the area of the marine environment within the vicinity of the proposed development site is not within either a Marine Protected Area or a Marine Consultation Area. Trees • No works should occur within the root protection area or tree protection zone. The site features veteran trees and the application describes felling, limbing, crown reduction and pollarding, which would significantly impact upon the appearance of the area. • The submitted tree report fails to recognise the age and significance of the trees and fails to take into account elder trees on the roadside boundary. • The clearance of visibility splays for the access may result in the loss of roadside trees and walls. • The trees provide a food source for insects. Officer Comment: The proposed extension to the existing barn would be sited towards the southeast corner of the application site, away from the mature trees which are sited adjacent to the northwest of the existing barn. The submitted information advises that any excavation works in the area adjacent to the tree protection zone would be excavated by hand. The application does not propose any works to the trees on site. However, given the presence of established mature trees at the site, a suitable condition is required to secure the provision of a scheme for the retention and safeguarding of trees during construction work, to include detail of any proposed tree works and a programme of measures for the protection of trees during construction works. The proposed development would not harm the Lagganulva Wood Site of Special Scientific Interest. Suitability of the site • The application has been submitted with insufficient information with regard to biodiversity, landscape impact, sustainability, water supply, the proposed use of the site, and the impact upon the Site of Special Scientific Interest designation. Page 79
Page 80
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 • The steading proposed for conversion is part of a working farmyard with characteristic noises created by animals and machinery. This may create conflict between neighbours. • The Torloisk Estate already has properties which have been moved into the self-catering market. • A house in this location is invasive of privacy. The location and design of the proposed development would negatively impact upon the residents of Lagganulva Farm and the surrounding landscape. • The barn is not a suitable site for the development proposed. • Protection is required for agricultural land which is good quality and locally important. The field associated with the steading is valuable in this location. Officer Comment: The information submitted with the application, in the form of the Preliminary Ecological Appraisal, photomontages, Tree Report, Otter and Bat Report, Design Statement, and ‘Six Qualities of Successful Places’ Statement have satisfactorily demonstrated that, in this instance, the proposed development site would represent an appropriate opportunity for development with a sensitively sited extension which would be of an acceptable scale, design and finish that would integrate with the application site and its wider setting within the landscape. The application site is located southwest of the existing farm. Whilst the application site and the proposed development would be located in proximity to the agricultural business, the proposed development would be sited at a sufficient distance to ensure that there would be no impact upon neighbour amenity with regard to overlooking, visual intrusion or shading. In terms of ‘bad neighbour’ development, the application site would be physically separate from the established farm, which is sited on the opposite side of the public road. The proposed development would be well contained within the application site and would not share access with the farm, nor would the application site be functionally associated with the agricultural business. The proposed development would be sufficiently distinct from the farm and its associated activity such that it is not considered that there would be any adverse impacts upon the sensitive receptor of the dwellinghouse with regard to noise disturbance, odour pollution or light pollution. The development proposed by the current application seeks to develop a rough area of ground adjacent to the existing barn. In terms of the land capability for agriculture, the application site falls within Class 5.2 where the land is capable of use as improved grassland, where pasture establishment may be difficult to maintain. The proposed development would be of a small scale and would not impact upon prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, with due consideration to the extent of the wider agricultural landholding. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No Page 80
Page 81
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☒Yes ☐No A Design Statement has been submitted with the application. (iv) A Sustainability Checklist (with reference to the requirements of LDP2 Policy 04) ☐Yes ☒No The application was submitted prior to the adoption of the LDP2 and has been submitted with a Preliminary Ecological Appraisal, photomontages, a Tree Report, an Otter and Bat Report, a detailed Design Statement, and a ‘Six Qualities of Successful Places’ Statement, which together with the site visits undertaken, has demonstrated that there would be no significant adverse effect on landscape and visual amenity resulting from the development of the site with the conversion of, and extension to, the existing barn and therefore, in this instance, it is not considered that any further landscape/visual information is required to allow a decision on the proposal to be made. (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☐Yes ☒No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No Page 81
Page 82
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes NPF4 Policy 17 – Rural Homes NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 11 – Design – Conversions and Change of Use Policy 14 – Bad Neighbour Development Connected Places Page 82
Page 83
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Policy 34 – Electric Vehicle Charging Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 58 – Private Water Supplies and Water Conservation Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management Homes for People Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing High Quality Environment Policy 70 – Development Impact on National Scenic Areas (NSA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 75 – Development Impact of Sites on Sites of Special Scientific Interest (SSSIs) Policy 77 – Forestry, Woodland and Trees Policy 79 – Protection of Soil and Peat Resources Policy 82 – Contaminated Land Policy 83 – Safeguarding Agricultural and Croft Land (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Third Party Representations • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • ABC draft Technical Note – Argyll and Bute Windows (April 2018) • ABC Landscape Studies • ABC Housing Needs and Demand Assessment • ABC Housing Emergency Statement (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No Page 83
Page 84
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No Whilst there has been considerable objection raised, it is noted that only approximately half of those objections are from the local area. In addition, the representations relate largely to the conversion of the existing barn to form a dwellinghouse and the resultant loss of its existing use for agricultural purposes. The loss of the agricultural use of the existing barn is not, in itself, a material planning consideration as it is a privately owned building that is not afforded any protection status. Whilst officers have every sympathy with the tenant farmer, the applicant has, at the insistence of the planning authority, addressed this concern through the provision of a replacement agricultural building, as detailed within application reference 24/00259/PNAGRI. With regard to objections raised in terms of biodiversity, landscape, servicing, infrastructure and access, the Officer’s recommendation is aligned with the consultation responses received on the application and as such it is not considered that a pre-determination hearing would add value to the decision making process. (O)(i) Key Constraints/Designations Affected by the Development: • Loch na Keal National Scenic Area • Lagganulva Wood Site of Special Scientific Interest (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒Class 5 ☐N/A Peat Depth Classification: 1 metre Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☒No ☐N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☒No ☐N/A The application site falls within Class 5.2 where the land is capable of use as improved grassland, where pasture establishment may be difficult to maintain. The proposed development would be of a small scale such that it is considered that the proposed development would not impact upon prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, with due consideration to the extent of the wider agricultural landholding. (O)(iii) Woodland Page 84
Page 85
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Will the proposal result in loss of trees/woodland? ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application ☒Brownfield ☐Brownfield Reclaimed by Nature ☐Greenfield ABC LDP2 Settlement Strategy ☐Settlement Area ☒Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations The proposal the subject of this planning application is seeking to secure planning permission for the conversion of, and extension to, an existing barn to form a dwellinghouse, and the installation of a septic tank and the formation of a vehicular access. In terms of the adopted LDP2 the site is defined as ‘Outwith Settlement Areas’ within an area identified as ‘Countryside Area' where Policy 02 of LDP2 gives a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2. Policy 02 further states that certain development will be supported, generally without the need for detailed environmental assessments, with these comprising, infill, redevelopment opportunities of clusters; or previously developed sites. In Countryside Areas, where there are nature conservation or landscape designations in place, Policy 02 details that development proposals will have to demonstrate that they are compatible with the designation interests. The application site comprises an irregular plot of land located on the northern edge of Laggan Bay, immediately to the west of the B8073 public road. To the northeast of the application site, to the east of the public road, there is a farmhouse and associated outbuildings. The application site features an existing ‘L’ shaped stone barn with a hipped slate roof, set within the southeast corner of the plot. There are a number of mature trees within the site boundary. This application is seeking to secure planning permission for the conversion of, and extension to, the existing stone barn at the site to form a dwellinghouse, and the installation of a septic tank and the formation of a vehicular access. The existing stone walls of the barn would be repaired and repointed as necessary, and the slate roof would be retained. The proposed extension to the barn would be sited upon the Page 85
Page 86
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 eastern elevation and would take a linear form, orientated parallel to the public road, with a dual-pitched roof and gable ends. The application proposes the upgrade of an existing vehicular access to serve the proposed development, with the formation of a turning area and parking provision for two vehicles. The water supply would be via connection to a private supply and the foul drainage would be by way of a private system comprising a septic tank and soakaway due to the lack of public infrastructure within the vicinity of the application site. The proposal has elicited 22 objections. The main considerations relate to whether or not the conversion of, and extension to, the existing stone barn at the application site to form a dwellinghouse is appropriate in terms of scale, design, siting and use for its countryside location; whether the servicing, infrastructure and access arrangements are suitable; whether the proposal is acceptable in terms of biodiversity and landscape impacts; and whether it is consistent with the provisions of adopted National and Local Planning Policy. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: The proposal is considered to be consistent with the relevant provisions of the Development Plan and National Planning Framework 4 and there are no other material considerations of sufficient significance, including issues raised by third parties, to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Emma Shaw Date: 08.05.2024 Reviewing Officer: Tim Williams Date: 08.05.2024 Fergus Murray Head of Development & Economic Growth Page 86
Page 87
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00185/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 01.02.2023, 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 Existing Drawings 1 (downtakings in red) PL_003 02.02.2023 Existing Drawings 2 (downtakings in red) PL_004 02.02.2023 Proposed Elevations PL_008 02.02.2023 Proposed Plan PL_006 02.02.2023 Proposed Section A-A South Elevation and Section B-B PL_007 02.02.2023 Proposed Renders PL_009 02.02.2023 Proposed Interior Renders PL_010 02.02.2023 Existing Site Plan PL_002 27.02.2023 Proposed Site Plan PL_005 27.02.2023 Proposed Plan PL_006 27.02.2023 Location Plan PL_001 27.02.2023 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. Timescale to be Agreed for Completion No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 3. Sustainable Drainage System Page 87
Page 88
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: • Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk . 4. Landscaping and Biodiversity Enhancement No development shall commence until a scheme of biodiversity protection and enhancement, boundary treatment, surface treatment and landscaping has been submitted to and approved by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) Proposed hard and soft landscape works; and v) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The development shall not be occupied until such time as the physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc), the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme. 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. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Page 88
Page 89
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 5. 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 SD08/004a and shall include visibility splays of 2.4 metres to point X by 75 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site 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 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. 6. 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 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. 7. Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Page 89
Page 90
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: • Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 8. Submission of Details of Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the roof coverings and external walls have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 9. PP - Removal of PD Rights – Dwellinghouse Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2B, 3A, 3B, 3C, 3D and 3E of the aforementioned Schedule, as summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement. Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement. Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof. Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement. Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building. Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. Page 90
Page 91
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface. Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse. Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse. No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission. Reason: To maintain the integrity and architectural value of this bespoke dwellinghouse and to protect it and its immediate setting against inharmonious additions and accretions and to protect the sensitive area and the setting of the proposed dwellinghouse in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). 10. Electric Vehicle Charging Notwithstanding Condition 1, Prior to the commencement of development, details of the provision of supply cabling suitable for electric vehicle charge points shall first be submitted and approved in writing by the Local Planning Authority. Thereafter the electric vehicle charge points must be available for use in the development hereby approved. Reason: In order to ensure compliance with LDP2 Policy 34. 11. Pre-commencement Survey No development or other work shall be carried out on the site until a pre- commencement survey for the presence of nesting birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme. Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 12. Implement/Operate Development in Accordance with Identified Mitigation Measures Notwithstanding the provisions of Condition 1, the development shall be undertaken in accordance with the mitigation measures set out in the documents titled ‘Preliminary Page 91
Page 92
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Ecological Appraisal’ dated August 2022 and ‘Otter & Bat Surveys Report’ dated September 2022. Reason: In order to protect natural heritage assets in the interest of nature conservation. 13. Contaminated Land Unless otherwise agreed in writing and in advance by the Planning Authority, prior to any development commencing on site, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved. The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: b) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. c) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan). d) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed. 14. Tree Retention and Protection Page 92
Page 93
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 No development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise: i) Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development; ii) A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread of each tree in accordance with BS 5837:2005 “Trees in Relation to Construction”. Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority. Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation. 15. Phasing of Development Notwithstanding the provisions of Condition 1, prior to the commencement of any development on site, the associated replacement agricultural building, as granted under application 24/00259/PNAGRI, shall be erected and available for use. Reason: In order to ensure that the development of the existing barn the subject of this current planning permission is delivered in accordance with the stated management and development of the remainder of the agricultural holding. Page 93
Page 94
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 23/00185/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Introduction 1.1. The proposal the subject of this application is seeking to secure planning permission for the conversion of, and extension to, an existing stone barn to form a dwellinghouse, the installation of a private drainage system and the formation of a vehicular access. 2. Location of Proposed Development 2.1. The application site comprises an irregular plot of land located on the northern edge of Laggan Bay, immediately to the west of the B8073 public road. 2.2. To the northeast of the application site, to the east of the public road, there is a farmhouse and associated outbuildings. The application site features an existing ‘L’ shaped stone barn with a hipped slate roof, set within the southeast corner of the plot. There are a number of mature trees within the site boundary. 3. Settlement Strategy 3.1. In terms of the Settlement Strategy set out in the adopted LDP2, the application site is situated ‘Outwith Settlements’ in the designated ‘Countryside Area’ where Policy 02 of LDP2 gives a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2. Policy 02 further states that certain development will be supported, generally without the need for detailed environmental assessments, with these comprising, infill, redevelopment opportunities of clusters; or previously developed sites. In Countryside Areas, where there are nature conservation or landscape designations in place, Policy 02 details that development proposals will have to demonstrate that they are compatible with the designation interests. In order to address the determining issues, the key considerations in this application are: 3.1.1. Compliance with the Development Plan and other relevant planning policy. 3.1.2. Whether the conversion of, and extension to, the existing stone barn at the application site to form a dwellinghouse is appropriate in terms of scale, design, siting and use for its countryside location. 3.1.3. The suitability of the proposed servicing, access and infrastructure arrangements. 3.1.4. Any other material considerations. 4. Proposal 4.1. The proposal is seeking to secure planning permission for the conversion of, and extension to, the existing stone barn to form a dwellinghouse, and the installation of a private drainage system and the formation of a vehicular access. 4.2. The proposal relates to the refurbishment of and extension to an existing stone barn to form a dwellinghouse. The existing barn, which has an ‘L’ shaped footprint covering an area of approximately 89 square metres, is constructed of stone walls with a hipped slate Page 94
Page 95
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 roof. The proposal would involve repairing and repointing the existing stone walls. The proposed extension would adjoin the east elevation of the existing barn and would take a narrow linear form with a small linking corridor, occupying a total footprint of 56 square metres. The extension would have a dual-pitched roof set at a height of 4.7 metres with an eaves height of 2.5 metres. The linking corridor set between the exiting barn and the proposed extension, would have a flat roof at a height of 2.4 metres, set below the eaves height of the existing barn. The proposed extension would feature large single windows within the south, north and west elevations, and there would be two rooflights within the east elevation roofslope. Windows would be inserted within each elevation of the existing barn. An appropriate condition is required to secure the exact details of the proposed facing and roofing materials so as to ensure that the proposed development integrates into its surroundings. 4.3. The existing vehicular access into the site, positioned to the north of the existing barn, would be upgraded and a parking and turning area would be formed. The application includes the installation of a private drainage system and connection to a private water supply. 5. Compliance with National Policy 5.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. 5.2. NPF4 Policy 2 – Climate, Mitigation and Adaption NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. 5.3. NPF4 Policy 3 – Biodiversity NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. The application has been submitted with a Preliminary Ecological Appraisal, which sought to establish the potential for the application site to support protected species known to inhabit the area, namely otters, nesting birds, bats, reptiles, and butterflies/day flying Page 95
Page 96
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 moths and bats. The Preliminary Ecological Appraisal also sought to map the habitats within the site boundary to identify the presence of any priority habitats or flora. The existing barn was classed as having ‘Moderate’ bat roost potential and four trees within the application site boundary were found to have the potential to support bats, classed as ‘Low’ potential. No notable or rare plant species or habitats were identified on the site. No evidence was discovered to suggest the presence of otters within the application site. The Council’s Biodiversity Officer has been consulted on the application and confirmed agreement that additional surveys were required with regard to the impact of the proposed development upon otters and bats. The consultation response from the Council’s Biodiversity Officer confirmed agreement that a pre-commencement survey is required to identify bird nests within the application site and a Tree Protection and Management Plan is provided so as to protect the existing trees within the application site during the clearance and construction phases of the proposed development. An Otter and Bat Survey Report was subsequently submitted following the findings and recommendations of the Preliminary Ecological Appraisal. The Report stated that an otter survey undertaken concluded that is unlikely that there is an otter holt close enough to the development site as to be at risk of disturbance and therefore no European Protected Species Licence need be sought in respect of otters. However, at least one otter utilises the burn adjacent to the site and therefore mitigation measures should be adhered to. The two trees adjacent to the existing barn were subject to activity surveys however were not found to contain bat roosts and therefore no further survey work would be required. The Report states that the proposed development of the existing barn would result in the destruction of two summer roosting non-maternity Soprano pipistrelle roosts impacting on up to three Soprano pipistrelle bats and one summer roosting Brown Long-eared roost impacting on up to five Brown Long-eared bats. A European Protected Species Licence for bats would be required and mitigation measures adhered to. The Report further states that due to the nature of the habitat present and the identification of several nests within the site boundary and within the barn itself, should the development be planned to take place during the breeding bird season, pre-construction checks for nests would be required. Following the submission of the Otter and Bat Survey Report, the Council’s Biodiversity Officer was re-consulted and confirmed agreement with the proposed mitigation measures in relation to the impact of the proposed development upon otters, bats and nesting birds. Subject to relevant conditions to ensure that the proposed development is carried out in accordance with the mitigation measures outlined within the submitted Preliminary Ecological Appraisal and the Otter and Bat Survey Report and to secure the provision of a pre-commencement nesting bird survey to ensure that no bird species are compromised, the proposal would adhere to the requirements of NPF4 Policy 3(d). Whilst no specific proposals for biodiversity improvements have been submitted it is considered that adequate and proportionate measures for biodiversity enhancement and protection can be delivered by planning condition. Such a condition will be attached to this permission. With a condition to secure adequate and proportionate biodiversity enhancement and protection measures within the development, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity. 5.4. NPF4 Policy 4 – Natural Places NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of nature-based solutions. Page 96
Page 97
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 NPF4 Policy 4(a) states that development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. In this instance, the proposed development relates to the addition of a small scale extension to an existing building to facilitate the conversion of the building to form a dwellinghouse. The proposal would make use of an existing building and its setting, and the proposed extension would be of a small scale such that there would be no adverse impact upon the surrounding environment. The application site lies within the Loch na Keal National Scenic Area, designated for its coastal scenery, expansive seascape and interior mountain peaks. The application site lies within the Outer Loch na Keal Area, which comprises relatively level terrain and alluvial deposits. The development would be set against the backdrop of rugged steeper slopes and would make use of an existing building to ensure that the development would not encroach upon undeveloped sites or impact upon key views. The consultation response received from NatureScot advised that the proposed development would be sited within the Loch na Keal National Scenic Area, however given the size and scale of the proposed development and with regard to previous developments within the application site, the integrity of the National Scenic Area or the qualities for which it has been designated, would not be adversely affected. It is therefore the considered opinion of the Planning Authority that the proposal would not result in any significant adverse effects on the integrity of the area. The proposed development is sited within the Lagganulva Wood Site of Special Scientific Interest, designated for its geological interest and upland oak woodland habitat. The proposed development would have no ecological connectivity to the site’s qualifying interests and would not therefore undermine the conservation of the qualifying interests. In line with the consultee response received from NatureScot, the proposal would not have a significant effect on the natural heritage interests of national importance due to the proposed development being sited away from the features for which the site has been designated. In this regard, the proposal would be compliant with NPF4 Policy 4 and LDP2 Policies 70 and 75. Notwithstanding the above, the proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a RAMSAR site, or a National Nature Reserve. Neither is it located within a site designated as a local nature conservation site or landscape area or within an area identified as wild land. 5.5. NPF4 Policy 5 – Soils NPF4 Policy 5 seeks to protect carbon-rich soils, to restore peatlands and to minimise disturbance to soils from development. The development proposed by the current application seeks to develop a rough area of ground adjacent to the existing barn. In terms of the land capability for agriculture, the application site falls within Class 5.2 where the land is capable of use as improved grassland, where pasture establishment may be difficult to maintain. The proposed development would be of a small scale such that the proposed development would not impact upon prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, with due consideration to the extent of the wider agricultural landholding. The application site is located within an area designated as Class 5 Carbon and Peatland, where no peatland habitat has been recorded. The proposed development would not therefore adversely impact upon peatland, carbon-rich soils or priority peatland habitat. Page 97
Page 98
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The development proposed is therefore considered to be in accordance with NPF4 Policy 5 and Policies 79 and 83 of LDP2. 5.6. NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 6 seeks to protect and expand forests, woodland and trees. The application site features a number of large Sycamore trees which are long-established and are exposed to the prevailing south westerly wind. The application has been submitted with a Tree Report detailing a general description of the trees present at the application site, the dimensions and details of the individual trees, and options for their management. The information submitted with the application indicates that there is a small overlap of the tree protection zone in the location where the existing barn is sited. The information submitted with the application advises that any excavation inside the existing barn in this location would be limited and carried out by hand. The submitted information further advises that any excavation works in the area adjacent to the tree protection zone would be excavated by hand. The proposed extension to the existing barn would be sited towards the southeast corner of the application site, away from the mature trees which are sited adjacent to the northwest of the existing barn. Given the presence of establish mature trees at the site, a suitable condition is required to secure the provision of a scheme for the retention and safeguarding of trees during construction work, to include detail on any proposed tree works and a programme of measures for the protection of trees during construction works. The proposed development would not adversely impact ancient woodland, veteran trees or native woodland and the proposed development would not lead to the fragmentation of woodland habitats. Subject to a suitable condition to secure appropriate tree protection measures, the proposed development would adhere to the requirements of NPF4 Policy 6 and the provisions of LDP2 Policy 77. 5.7. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. NPF4 Policy 9(d) provides support for development proposals for the reuse of existing buildings, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. The development the subject of this current application proposes to convert and extend the existing stone barn at the application site to form a dwellinghouse. The development proposal would retain the existing stone barn, with repairs to the existing stone walls undertaken as necessary. It is considered that the conversion of the existing stone barn would constitute an appropriate redevelopment opportunity whereby the character and appearance of the existing barn would be retained without the need for significant alterations. The proposed extension would be sited immediately adjacent to the existing barn and in this regard is considered to be brownfield site and accordingly the use of the land for the proposed extension is considered to represent the sustainable reuse of brownfield land which is afforded direct support under NPF4 Policy 9(a). The application site lies ‘Outwith Settlement Areas’ in the designated ‘Countryside Area’. LDP2 Policy 02, Outwith Settlement Areas, seeks to promote a more flexible approach to development in areas identified as Countryside Area, with Part A of Policy 02 giving a Page 98
Page 99
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. In this instance, the proposal involves the conversion of an existing barn and the addition of an appropriately scaled and designed extension to form a dwellinghouse. The scale of the proposed development would be appropriate to the size of the wider application site and its setting within the landscape. The proposed design would be of a simple form, respecting local architectural styles and the siting would be such that it would not appear as obtrusive within the landscape, making use of the existing built development at the site. In this instance, the site is considered to represent an appropriate opportunity for the conversion, redevelopment and extension to the existing barn to form a dwellinghouse within the Countryside Area which has been specifically designed with due regard to the context of the site in terms of its character and appearance and in this regard would be consistent with NPF4 Policy 9 which does not conflict with the spatial and settlement strategy set out in LDP2 Policy 02. The Council’s Environmental Health Service have been consulted on the application with regard to previous, potentially contaminative, uses of the site. NPF4 Policy 9(c) states that where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. An appropriate planning condition is required to ensure that, prior to the commencement of development, a phased site investigation and risk assessment is carried out to identify and assess potential contamination on site. Subject to such a condition, the proposed development would adhere to the requirements of NPF4 Policy 9(c) and LDP2 Policy 82. 5.8. NPF4 Policy 12 – Zero Waste NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission for the conversion of an extension to an existing building to form a new single dwellinghouse. Whilst this is a development likely to generate waste when operational, it would benefit from regular waste uplifts by the Council and would be expected to comply with our adopted and enforced recycling and reuse strategy. In this regard, the proposed development is considered to be in compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy 63, Waste Related Development and Waste Management, which seek to ensure that effective provision for waste and recycling are provided within developments. 5.9. NPF4 Policy 13 – Sustainable Transport This application is seeking to secure permission for a single dwellinghouse which is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. The application site as existing features a vehicular access from the B8073 public road. It is proposed within this application to upgrade the existing vehicular access into the site and provide a parking and turning area within the application site, to be sited immediately to the north of the existing barn. The Council’s Area Roads Authority have been consulted on the application and have raised no objections subject to conditions relating to the construction of the access at the Page 99
Page 100
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 junction with the public road, the clearance and maintenance of visibility splays, the provision of a system of surface water drainage, and the provision of a parking and turning area for two vehicles. Subject to the required conditions, the proposed development is consistent with the broad aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 35, 37, 39 and 40 which collectively seek to ensure that proposed developments are served by a suitable and safe access regime and provide appropriate parking provision commensurate with the scale of the development proposed. 5.10. NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. The proposed conversion of the existing barn would be undertaken with minimal works to the existing external appearance of the barn, with works limited to repairs to the existing stone walls and slate roof, and the installation of windows. It is considered that the siting of the proposed extension in the existing vacant area between the existing barn and the public road would ensure that the proposal would not encroach into more undeveloped areas of the site, thereby reducing its visual impact upon the landscape. New built development at the site would be limited to the proposed extension, which would have a modest footprint and an appropriately simple form and appearance. The narrow linear form would respect local architectural styles and would readily integrate into the application site. The proposed finishing materials would comprise natural timber cladding, which would contrast appropriately with the stone walls of the existing barn, giving the proposed extension a suitably subservient appearance that would read clearly as a later addition. The use of natural timber cladding would assist in integrating the proposed extension into the landscape. The proposed extension would be a contemporary addition that would have a different character to the existing barn, however it would be of a sympathetic design and appropriately sited such that it would respect the application site and its wider rural context. The siting of the access to the north of the existing building ensures that it would be screened from view when approaching the application site from the south. The proposed parking and turning area would be facilitated within the courtyard that would result from the ‘U’ shaped built development at the site. A condition is proposed to remove permitted development rights normally associated with residential properties in order to protect the setting of the proposed dwellinghouse from inappropriate development. The proposed development is considered to be designed to an appropriate standard to ensure compliance with the six qualities of successful places set out in NPF4 Policy 14 as follows. Healthy: being situated within a quiet rural setting but within proximity to an existing community; Pleasant: being an attractively designed and finished development that would contribute to the character of the area; Connected: situated immediately adjacent to the public road, connecting the development to larger settlements; Distinctive: the design of the development would be of a distinct, high quality design which would respond to its unique setting whilst respecting the surrounding natural landscape; Sustainable: the dwelling would utilise appropriately proportioned and designed fenestration which would maximise potential for natural light; Adaptable: the development would be of a high quality design that would be capable of adaption for accessibility and for alternative future uses. NPF4 Policy 14(c) states that development proposals that are detrimental to the amenity of the area will not be supported. ‘Bad neighbour uses’ are uses that can result in a Page 100
Page 101
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 negative impact upon neighbouring amenity and proposals for development can also introduce the reverse situation by proposing a sensitive receptor, including housing, in close proximity to existing operations or land uses where the introduction of sensitive receptors into these situations could compromise the existing operations. In this instance, the proposed conversion of and extension to the existing barn to form a dwellinghouse is not considered to be a ‘bad neighbour’ development given that the application site is sited at a sufficient distance from the established farm, on the opposite side of the public road. The proposed development would be well contained within the application site and would be adequately separate from the farm both physically and visually. The proposed development would be sufficiently distinct from the farm and its associated activity such that it is not considered that there would be any adverse impacts upon the sensitive receptor of the dwellinghouse with regard to noise disturbance, odour pollution or light pollution that may result from the use of the nearby land for agricultural activity. The development the subject of this planning application is considered to be in accordance with the broad aims of NPF4 Policy 14 and does not conflict with the sustainable siting and design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: all policies which, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site, and ensure that no adverse visual or amenity impacts arise. 5.11. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 15 seeks to encourage, promote and facilitate the application of the ‘Place Principle’ and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In terms of our adopted settlement strategy, the site of the proposed dwellinghouse is in an area identified as being Outwith Settlement Areas where LDP2 Policy 02 seeks to promote a more flexible approach to development in areas identified as Countryside Area, within which the site is situated, with Part A of Policy 02 giving a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. In this instance, it is considered that the small scale of the proposed development, and its rural location, would reasonably comply with Policy 15 of NPF4 given the existing dispersed geographical scale of the environment within which the development is to be located, and given its compliance with the existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding area where people can reasonably meet the majority of their daily needs within a reasonable distance of their home. The proposed development aligns with NPF4 and there is no conflict with LDP2 Policy 02. 5.12. NPF4 Policy 16 – Quality Homes NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(c) supports development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified Page 101
Page 102
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 gaps in provision, including ‘self-provided homes’ of which the proposed development represents. With regards to Part (f) of Policy 16(i) an agreed timescale for build-out will be covered through the use of a planning condition; 16(ii), whilst the development proposed by this planning application is not on land actively allocated for housing in the LDP2, it would wholly accord with the adopted settlement strategy and would accord with the principles of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the proposal is consistent with NPF4 Policy 17, Rural Homes, being a suitable site which is in keeping with the landscape character of the area. The proposed development is deemed to be consistent with NPF4 Policy 16 and there is no conflict with LDP 2 Policy 02, Outwith Settlement due to the proposed development being of an appropriate scale, design and use for its countryside location. 5.13. NPF4 Policy 17 – Rural Homes NPF4 Policy 17 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy 17(a) supports development proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area. It has been demonstrated at NPF4 Policies 9 and 14 above that the proposed dwellinghouse is of a suitable scale and design for its countryside location. Policy 17(b) requires proposals for new homes in rural areas to consider how the development will contribute towards local living and take into account identified local housing needs. It is has already been seen at NPF4 Policy 15 above that the proposed development is consistent with our adopted settlement strategy policies and that it would have no materially harmful access or environmental impact. The proposed development seeks the introduction of a single dwellinghouse through the conversion of and extension to an existing barn, which would accord with the Council’s key planning policies aims of supporting and sustaining fragile rural communities by contributing to actions to reverse our falling rural populations and supporting the local economy. Policy 17(c) offers support to new homes in remote rural areas where such proposals (i) support and sustain existing fragile communities; (ii) support identified local housing outcomes; and (iii) are suitable in terms of location, access and environmental impact. The development proposed accords with the broad aims of NPF4 Policy 17 and does not conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design all Development, and Policy 67, Provision of Housing to Meet Local Needs. 5.14. NPF4 Policy 18 – Infrastructure First NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach to land use, which puts infrastructure considerations at the heart of placemaking. Due to the lack of public water or drainage infrastructure within the vicinity of the site, as was confirmed within the consultation response from Scottish Water, the application proposes private arrangements comprising a private water supply and a private drainage system. A condition is required to secure a report on the proposed private water supply to ensure that it is sufficient to serve the proposed development and does not impact on existing users of the same supply or adjacent supplies. The Council’s Building Standards Page 102
Page 103
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Service will apply sufficient control over the septic tank arrangements at Building Warrant stage. With a condition to secure a report on the proposed private water supply, the proposed development aligns with NPF4 Policy 18 and is in accordance with LDP2 Policy 04, Sustainable Development, Policy 58, Private Water Supplies and Water Conservation and Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable infrastructure is available to serve proposed developments and give support to private water supply and drainage arrangements where connection to the public systems is not available. 5.15. NPF4 Policy 22 – Flood Risk and Water Management NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed at NPF4 Policy 18 above, the development the subject of this planning application proposes a private water supply, the details of which will be sought by planning condition. With regards to the management of rain and surface water at the site, this will be controlled thorough a condition imposed on the grant of permission to secure a suitable sustainable drainage system for the site. The proposal aligns with NPF4 Policy 22 and LDP2 Policy 61, Sustainable Drainage Systems. 6. Other Considerations 6.1. Public Representation The application has been subject to 22 objections. The determining factor in the assessment of this application is whether the conversion of and extension to the existing stone barn to form a dwellinghouse at the site the subject of this application is consistent with the Development Plan which comprise National Planning Framework 4 and Local Development Plan 2 and whether the issues raised by third parties raise material considerations of sufficient significance to withhold planning permission. In this instance, as detailed above, the proposed development would represent a suitable opportunity for the conversion of, and extension to, an existing barn to form a dwellinghouse where the development would be of an appropriate scale and design for its setting. The proposed development would involve the sustainable reuse of the existing built development at the site, with an appropriately scaled, sited and designed extension, to form a dwellinghouse. The applicant has addressed the needs of the tenant farmer through the provision of a replacement agricultural building, as detailed within application 24/00259/PNAGRI, where the replacement agricultural building is of a scale that is commensurate with the need and its setting within the landscape, is related physically and functionally to existing buildings associated with the agricultural business, and is sensitively sited. The information submitted with the application has satisfactorily demonstrated that, subject to appropriate conditions, there would be no adverse impacts on biodiversity, nature networks or the natural environment. No objections have been received from consultees with regards to the proposed infrastructure to serve the proposed development. 7. Conclusion Page 103
Page 104
LDP2 format template Feb 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 7.1. The detailed information submitted with the application, in the form of the Preliminary Ecological Appraisal, photomontages, Tree Report, Otter and Bat Report, Design Statement, and ‘Six Qualities of Successful Places’ Statement have satisfactorily demonstrated that, in this instance, the proposed development site would represent an appropriate opportunity for the conversion of and extension to the existing stone barn to form a sensitively sited and designed dwellinghouse that would be of an acceptable scale, design and finish that would integrate with the application site and its wider setting within the landscape. The above assessment has concluded that appropriate servicing and infrastructure arrangements can be provided to serve a dwellinghouse on the site. Accordingly, the application is recommended for approval subject to conditions. Page 104
Page 105
Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright 2005 Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or Civil Proceedings. OS License No. XYZ123ABC Location Plan Relative to Planning Application: 23/00185/PP O 1:1,250 Application Site Page 105
Page 106
This page is intentionally left blank
Page 107
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Argyll and Bute Council Development & Economic Growth 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: 23/02472/PP Planning Hierarchy: Major Application Applicant: Ylem Energy Ltd Proposal: Construction and operation of a battery energy storage system (BESS) with ancillary infrastructure Site Address: Ardencaple Farm, Rhu, Helensburgh DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • 49.9MW of modular battery units with ancillary equipment (6.1m x 2.5m x 2.9m finished in a matt off white). • Inverters (9.8m x 5.0m x 2.3m finished in matt off white). • DNO substation (7.5m x 2.8m x 3.2m finished in matt dark green). • Switchroom (12.3m x 3.3m x 3.4m raised on 1m stilts finished in matt dark green). • Site and welfare office (7.5m x 2.3m x 2.9m finished in matt dark green). • Site transformer (3.3m x 2.3m x 3.2m finished in matt dark grey). • Provision of 2 No. on site water towers (ii) Other specified operations • Formation of internal access road • Provision of passing places and works to external access road • Landscaping (B) RECOMMENDATION: That Planning Permission be refused for the reasons detailed in this report. (C) CONSULTATIONS: A&B Roads : Dated (27.03.24, 23.04.24 & 30.08.24): Objection. A&B Environmental Health: (Dated 24.09.2024): Holding Objection. (Lack of information on noise generation characteristics of actual plant to be installed within submitted Noise Report) A&B Biodiversity Officer: Dated (26.09.24). No objection subject to conditions. A&B Emergency Planning: No response Page 107 Agenda Item 6
Page 108
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL A&B Flooding and Drainage: Dated ( 27.03.24) No Objection SEPA : No response NatureScot : Dated (08.03.24) No Comment Offered Scottish Fire and Rescue : Dated (27.03.24) No Objection. (technical requirements) Rhu and Shandon CC : Dated (23.04.24) Objection Helensburgh CC : Dated (29.07.24) Objection Network Rail : Dated (11.04.24 & 08.05.24) No Objection subject to conditions (D) HISTORY: Y 23/01276/PAN : Installation of 50Mw Battery Energy Storage System 24/00674/SCREEN : Installation of 50Mw Battery Energy Storage System . No EIA required. (E) PUBLICITY: Yes Reg 20 Press Notice. Expired 04.04.24 (F) REPRESENTATIONS: Yes The application at time of writing has received 63 Objections, One submission in support and three representations. A petition with 36 signatures objecting to the proposals has also been submitted. A full list of these is contained at Appendix B of this Report . All third party submissions are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. Members are requested to note that Jackie Baillie MSP forwarded a number of objection letters on behalf of her constituents. All of these have been recorded as objections and are Public Access at the link above. For clarity, no objection by Jackie Baillie MSP has been lodged. (i) Summary of matters in Submission of Support • Proposal should be fully supported if we want to have a greener future • Battery Energy Storage an essential part of green energy delivery (ii) Summary of objections raised: • Alternative Site Assessment exercise is flawed in omitting any land in the National Park. No reason to exclude land in national park within 3km radius site search as there is no presumption against BESS proposals in National Parks. No compelling argument has been made to justify why the development needs to be located inside the greenbelt and so close to a site with specific ecological designations. • No evidence provided to show major local landowners in area were not willing to accommodate the BESS proposals on other land. Landowners/Estates have already shown willing to accommodate BESS proposals on their land and no evidence to show they were not willing to engage on their land provided in site selection justification submissions. Glen Fruin or beside the recycling centre at Blackhill would be a better location for this use. • This is not an acceptable use within the Green Belt and is contrary to Planning Policy in relation to acceptable uses in the greenbelt. • No clarification on how connection will be made to Substation at Glen Fruin. Understood from consultation that a cable will be laid along Paterson Drive, Duchess Street, Queen Drive, Queen Street and Sinclair Street. This will cause significant disruption. Actual linkage distance is over 3km so site not viable by applicants own site selection criteria. Page 108
Page 109
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL • Submissions by applicant accept Green Belt and visual impact will not be mitigated by trees which will take 10-15 yrs to have any significant impact • Industrial scale development will detract from enjoyment of Duchess Wood and hum from the operation of the BESS even when not in use will have an adverse impact on the ability to enjoy the woodland for wellbeing and also disturb wildlife, particularly Bats in the woods which are European Protected Species. • Proposed access arrangements appear unsatisfactory after Patterson Drive ends. Access proposed does not follow draft guidance in National Fire Chief’s Council recommendations on access arrangements for BESS facilities. • Any fire at the battery scheme would require the closure of the railway line due to its proximity and be harmful to the economy as this is a main line connection. Also the nearest mains connection is some 1 km away in Paterson Drive to supplement the water to be stored on site in the water tank • Construction Traffic Management Plan fails to adequately address potential hazards associated with the local access regime with insufficient passing places to allow construction vehicles to safely interact with walkers, horse riders, cyclists etc who regularly use the access track. It also fails to reference the core path status of the access track from Peterson Drive. Access track wholly unsuitable for construction traffic and parking associated with construction workers likely to cause disruption to residents and danger for children • Construction of site will leave the area an eyesore due to machinery churning up access and roads and will be a safety hazard to school children and other residents. • BESS will be visible from core path network in Duchess Woods. The woods are widely used by residents, schools for nature studies and Nursery school nature trips. The BESS proposals will adversely impact on the enjoyment of the woods. • Proposals would destroy the local landscape • Batteries likely to need replaced at end of operational life. Concerns over environmentally sound method of disposal. • Some of the documents are classified as preliminary/outline/proposed and are not specific on what is being installed and what the risks are. These details are to be determined at construction stage. This gives “remarkable” freedom to developer. Concerned. It is also stated that further noise assessments will be needed as the actual technology to be used not specified in the noise report. • Concerned about the noise this proposal will generate. Particularly at nighttime. Concerned the submitted Noise Report underplays impact that noise will have on residents using their gardens and those using the core path to the north of Duchess Woods. Unit will give out a constant hum detrimental to the amenity of the area and enjoyment of Duchess Woods. Train noise comes and goes the BESS will always be making a noise. • Proposals fails to provide any local community benefits as required under NPF 4 Policy 11 (c) related to Energy Developments • Facility, including the battery units, switch room and lighting columns will all be visible from within Duchess Woods to the detriment of its natural setting and amenity • Additional noise measurements should be taken from the footpath below the proposed development within Duchess Woods. • Friends of Duchess Woods Confirm that there are Bats within the adjoining woodlands which could be adversely impacted by the operation of the development. • Borehole data is old and it is unclear if the proposed drainage mitigation measures will cope and be able to contain all water within the site and not adversely impact on watercourses and footpaths below the site. Fresh surveys and information on these matters should be submitted. • Lighting and noise from use proposed could adversely impact upon wildlife in the area. ( reference to lighting/motion sensors and bats in adjoining woodland) Page 109
Page 110
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL • Does not comply with policies of development plan and adverse impacts are not outweighed by national need and in principle support for renewables which have zero benefits for the local community. • Concerns that Biodiversity net gain not addressed (Officer Note* Additional submissions were made on this matter by applicant after objection lodged). Officer Comment : The objections as set out above are considered capable of being material planning considerations and these matters are addressed in the Officer report. However, the following matters raised are not considered to material planning considerations which should be given weight in the determination of the proposals as set out below; • There is a fire risk and health and safety issue due to toxic gasses released in the event of a fire with such developments which should not be near residential properties. • Network Rail have raised issues over access being allowed under the rail bridge for the use proposed. • A full EIA is required to properly evaluate the proposal. • Treatments to maintain landscaping could adversely impact through washout from the site and adversely impact upon Duchess Woods which is a Local Nature Reserve • Use of Lithium Batteries will create an unacceptable risk to trains and those who use footpaths in the area. • Concerns over the PAN commitments not being adhered to, and residents not being consulted with a 750m Radius of the site. (Officers note that the party involved attended one of the PAC consultation events). • The proposal is speculative and ill considered. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☒Yes ☐No Green belt Location Access to Site Scale and Nature of Proposals (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☒Yes ☐No ☐Yes ☒No (v) A report on the impact of the proposed development e.g. Retail impact, transport impact, ☒Yes ☐No Page 110
Page 111
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL noise impact, flood risk, drainage impact etc: • Planning Statement (including Design and Access Statement) • Pre-Application Consultation report (PAC) • Landscape and Visual Appraisal (LVIA) • Green Belt Justification • Heritage Assessment • Lighting Assessment • Noise Assessment • Ecological Appraisal Report • Outline Construction Environment Management Plan • Outline Construction Traffic Management Plan • Battery Safety Report • Outline Battery Safety Management Plan • Heat Flux Study • Drainage Assessment • Flood Risk Assessment • Alternative Site Assessment • Economic Benefits Statement (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application. (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 3 – Biodiversity Page 111
Page 112
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 8 – Greenbelts NPF4 Policy 11 – Energy Liveable Places NPF4 Policy 23 – Health and Safety (Criteria e - Noise) Productive Places NPF4 Policy 25 – Community Wealth Building Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas (Part C Helensburgh Greenbelt) High Quality Places Policy 06 – Green and Blue Infrastructure Policy 08 – Sustainable Siting Policy 10 – Design – All Development Policy 14 – Bad Neighbour Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Diverse and Sustainable Economy Policy 30 – The Sustainable Growth of Renewables Connected Places Policy 35 - – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Access Sustainable Communities Policy 55 – Flooding Policy 59 - Water Quality and the Environment Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 62 – Drainage Impact Assessments High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity. Policy 76 – Development Impact on Local Nature Conservation Sites (LNCS) Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Scottish Energy Strategy: The future of energy in Scotland (“the Energy Strategy”) Draft Scottish Energy Strategy and Just Transition Plan 2023 • Scottish Government Climate Change Plan (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☒Yes 24/00674/SCREEN. No EIA required. Page 112
Page 113
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (L) Has the application been the subject of statutory pre-application consultation (PAC): ☒Yes PAC Report Submitted with application. Report states main issues identified through Community Consultation exercise were: • Location: including within Green Belt, open countryside, available alternatives, closer to the electricity substation. • Access: including passing through residential area, the low railway bridge, steep track and use of track by other users such as walkers and horses. • Grid connection: how will this be achieved and impact on local residents. • Wildlife: including noise, visual, impact on Duchess Wood. • Safety both in terms of construction safety and operational safety and how will an emergency be dealt with. (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No This application has attracted 63 letters of objection. In addition, both Helensburgh and Rhu and Shandon Community Councils have objected to this application. Whilst, there is strong policy support within NPF 4 Policy 11 and LDP 2 Policy 30 for energy related proposals such as this BESS scheme to be supported, officers consider that there are three reasons for the refusal of this application relating to the lack of justification for this greenbelt location and the adverse landscape and visual impacts on the greenbelt, the lack of a suitable vehicular access to the site and insufficient information relating to noise impacts. It is considered that Members have sufficient information within the report to enable them to determine this application. In these circumstances it is not considered that a pre-determination Hearing would add value to the process. (O)(i) Key Constraints/Designations Affected by the Development: • Helensburgh Green Belt • Duchess Woods Local Nature Conservation Area (O)(ii) Soils Agricultural Land Classification: Class 4.2 Grazing Land Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☒No ☐N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☒No ☐N/A Page 113
Page 114
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☒Yes Landscaping Mitigation Plan with Biodiversity Enhancement ☐No details to be secured by condition ☐N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP2 Settlement Strategy (tick all relevant boxes) ☐Settlement Area ☐Countryside Area ☐Remote Countryside Area ☒Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations The application submission has in the opinion of officers failed to demonstrate that a greenbelt location is essential for the location of the development due to the exclusion of all greenfield land within the Loch Lomond and the Trossachs National Park Area at an early stage in the site search exercise. This has resulted in the identification of a site, within a sensitive greenbelt location some 2.7km from the required substation connection point on the edge of the settlement of Helensburgh. Officers therefore consider insufficient justification to prove the need to locate the development within the Helensburgh Greenbelt has been provided by the applicant. In addition, the field within which the development is proposed to be located, forms an integral and important part of the greenbelt at this point, framing the settlement of Helensburgh and providing an open context for attractive and important views of the town and beyond to the Clyde Estuary. Officers consider the quality of this view to be extremely high and therefore its sensitivity to adverse impact is also high. The proposed development would unacceptably undermine the function and openness of the greenbelt at this point by introducing industrial scale development. The application fails to provide either a private access road to the site, or an access track within the site to the BESS facility to an acceptable and safe standard for emergency services access. The Area Roads engineer considers that the proposed access arrangements are unacceptable and contrary to LDP 2 Policies 35, 37 and 39 of Argyll and Bute Local Development Plan 2. In addition, the proposed access arrangements fail to meet the desired guidelines and standards of the Scottish Fire and Rescue Services to access such facilities as set out in their consultation response to this application. The submitted noise report fails to provide sufficient confidence to Environmental Protection Officers that there will not be any adverse noise impacts on surrounding area which includes Page 114
Page 115
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL residential properties. Adequate details have not been provided within the submitted Noise Impact Assessment. The proposals are therefore considered to be contrary to LDP 2 Policy 14 amenity safeguarding objectives in respect of potential noise impacts. However, given that the proposal is for essential energy infrastructure which contributes to addressing the Climate emergency and the objectives of NPF4 Policy 1, it must be acknowledged in the decision-making process that there is strong policy support for such proposals. As this recommendation to refuse the current application is a matter of officers balancing competing policy objectives, it is essential that the strong policy support for such proposals is also considered as set out in LDP2 Policy 30 and NPF 4 Policy 11 in coming to a Planning decision in this case. This is not in Officers opinion a clear-cut matter, and the significance of the contended and potential adverse impact, non-compliance with roads Standards and inadequate noise information submission, must be considered in the balance against this strong Energy Policy support for such proposals. (Q) Is the proposal consistent with the Development Plan: ☐Yes ☒No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Refused: Unacceptable Adverse Impact on Helensburgh Green Belt. 1. The proposed development by nature of its scale. appearance and location will introduce development of an industrial character and appearance into a sensitive and important greenbelt location. contrary to LDP 2 Policies 02 and 30, and NPF 4 Policies 8 and 11. More particularly, a) The application submission has failed to demonstrate that a greenbelt location is essential for the location of the development due to the exclusion of all greenfield land within the Loch Lomond and the Trossachs National Park Area at an early stage in the site search exercise. This has resulted in the identification of a site, within a sensitive greenbelt location some 2.7km from the required substation connection point on the edge of the settlement of Helensburgh. Officers therefore consider insufficient justification to locate the development within the Helensburgh Greenbelt has been provided by the applicant. b) In addition, the field within which the development is proposed to be located, forms an integral and important part of the greenbelt in framing the settlement of Helensburgh and providing an open context for attractive and important views of the town and beyond to the Clyde Estuary. Officers consider the quality of this view to be extremely high and therefore its sensitivity to adverse impact is also high. The proposed development would unacceptably undermine the function and openness of the greenbelt at this point by introducing industrial scale development. By nature of the above matters set out at (a) and (b) the proposal is considered to be contrary to NPF 4 Policy 8 and LDP 2 Policy 02. Substandard Access Roads and Site Access Road for Emergency Service Vehicles 2. The application fails to provide either a private access road to the site, or an access track within the site to the BESS facility to an acceptable and safe standard for emergency Page 115
Page 116
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL services access. The Area Roads Engineer considers that the proposed access arrangements are unacceptable due to the unsatisfactory intervisibility and width of the private access road to the site, and unacceptable gradients on the proposed internal access road within the site contrary to LDP 2 Policies 35, 37 and 39 of Argyll and Bute Local Development Plan 2. In addition, the proposed access arrangements fail to meet the desired guidelines and standards of the Scottish Fire and Rescue Services to access such facilities as set out in their consultation response to this application. More particularly the proposals fail to provide at least two separate access points to the site to account for opposite wind conditions/directions, a perimeter road or roads with passing places for fire service vehicles to an adequate standard, or access arrangements with no extremes of gradient. Noise Generation and Potential Amenity Impacts 3..The submitted noise report fails to provide sufficient confidence to Environmental Protection Officers that there will not be any adverse noise Impacts on surrounding area which includes residential properties. Adequate details have not been provided within the submitted Noise Impact Assessment. The proposals are therefore considered to be contrary to LDP 2 Policy 14 amenity safeguarding objectives in respect of potential noise impacts. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: David Moore Date: 07.10.2024 Reviewing Officer: Sandra Davies Date: 09.10.2024 Fergus Murray Head of Development & Economic Growth Page 116
Page 117
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL REASONS FOR REFUSAL RELATIVE TO APPLICATION REF. NO. 23/02472/PP 1. Unacceptable Adverse Impact on Helensburgh Green Belt. The proposed development by nature of its scale. appearance and location will introduce development of an industrial character and appearance into a sensitive and important greenbelt location. contrary to LDP 2 Policies 02 and 30, and NPF 4 Policies 8 and 11. More particularly, a) The application submission has failed to demonstrate that a greenbelt location is essential for the location of the development due to the exclusion of all greenfield land within the Loch Lomond and the Trossachs National Park Area at an early stage in the site search exercise. This has resulted in the identification of a site, within a sensitive greenbelt location some 2.7km from the required substation connection point on the edge of the settlement of Helensburgh. Insufficient justification to locate the development within the Helensburgh Greenbelt has been provided by the applicant. b) In addition, the field within which it the development is proposed to be located, forms an integral and important part of the greenbelt in framing the settlement of Helensburgh and providing an open context for attractive and important views of the town and beyond to the Clyde Estuary. The quality of this view is considered to be extremely high and therefore its sensitivity to adverse impact is also high. The proposed development would unacceptably undermine the function and openness of the greenbelt at this point by introducing industrial scale development. By nature of the above matters set out at (a) and (b) the proposal is considered to be contrary to NPF 4 Policy 8 and LDP 2 Policy 02. 2. Substandard Access Roads and Site Access Road for Emergency Service Vehicles The application has failed to provide either a private access road to the site, or an access track within the site to the BESS facility to an acceptable and safe standard for emergency services access. The proposed access arrangements are unacceptable due to the unsatisfactory intervisibility and width of the private access road to the site, and unacceptable gradients on the proposed internal access road within the site contrary to LDP 2 Policies 35, 37 and 39 of Argyll and Bute Local Development Plan 2. In addition, the proposed access arrangements fail to meet the desired guidelines and standards of the Scottish Fire and Rescue Services to access such facilities as set out in their consultation response to this application. More particularly the proposals fail to provide at least two separate access points to the site to account for opposite wind conditions/directions, a perimeter road or roads with passing places for fire service vehicles to an adequate standard, or access arrangements with no extremes of gradient. 3. Noise Generation and Potential Amenity Impacts The applicant has failed to provide sufficient information to satisfy the planning authority that there will not be any adverse noise Impacts on the surrounding area which includes residential properties. Adequate details have not been provided within Page 117
Page 118
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL the submitted Noise Impact Assessment. The proposals are therefore considered to be contrary to LDP 2 Policy 14 amenity safeguarding objectives in respect of potential noise impacts. Page 118
Page 119
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: REF: 23/02472/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Settlement Strategy 1.1. The application site is situated within the Helensburgh Green Belt where stricter controls over both the type of development which is allowed is exercised as per LDP 2 Policy 02 and NPF 4 Policy 8. These policies also clarify the need to ensure that where a development is acceptable on point of principle within a greenbelt location, there requires to be a justification as to why the development has to locate in the greenbelt and further that where this has been demonstrated that no unacceptable impacts upon the greenbelt will occur. It is considered helpful to refer to the main elements of both policies at this point for ease of reference and to assist in the settlement strategy policy evaluation process for such proposals within a greenbelt location. 1.2. The starting point for the evaluation of the proposals in respect of their greenbelt context is to ask whether the proposals are “essential infrastructure” which can be located within the greenbelt as a point of principle. It is perhaps useful to provide some context as to how BESS proposals should be regarded in terms of their role in meeting climate change objectives and therefore be regarded as essential infrastructure. 1.3. A recent S36 decision of the Scottish Ministers on a BESS proposal usefully clarifies the role BESS can make to addressing the climate emergency and achieving net zero targets as set out in NPF 4 Policy 1; The generation of electricity from batteries is not in itself a renewable source of energy; Scottish Ministers do however regard the proposed Development as essential infrastructure. The proposed Development, through provision of energy storage, adds flexibility and resilience necessary to maintain secure and reliable supplies of energy to all of our homes and businesses as our energy transition takes place. Scottish Ministers conclude that the proposed Development is supported by the Energy Strategy… The Draft Scottish Energy Strategy and Just Transition Plan 2023 signals that strong support from the Scottish Government for battery storage remains. 1.4. Therefore, although officers consider that BESS proposals can properly be regarded as essential infrastructure related to facilitating the important objectives addressing climate change and achieving net zero objectives, it is also necessary to ensure compliance with LDP Policy 02 and NPF 4 Policy 8 in respect of greenbelt development. 1.5. Both NPF 4 and LDP 2 policies require that application proposals within the greenbelt demonstrate a need to be located within the greenbelt. NPF 4 Policy 8 clarifies that as well as comprising essential infrastructure (which is accepted by officers) proposals must also ensure ii) the following requirements are met: • reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site outwith the greenbelt; Page 119
Page 120
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 1.6. LDP 2 Policy 02 also clarifies that: Within the Helensburgh and Lomond Green Belt development will only be supported where this is appropriately designed, located and landscaped and comprises. • Development directly supporting the provision of essential infrastructure with a demonstrable need to be located within the Green Belt. 1.7. In order to justify the location of the BESS proposal within Helensburgh Green Belt additional submissions clarifying why the current greenbelt site was chosen have been submitted by the applicant and a sequential alternative site assessment report dated July 2024 has been provided. Page 8 of the submitted supporting statement confirms that “In this case it was identified that the Helensburgh Grid Supply Point, located roughly 2700m North-East of the Proposed Development Site, had the capacity to support a 50MW connection. 1.8. Officers note from this submission that all greenfield land within the Loch Lomond and the Trossachs National Park was excluded on point of principle from the search parameters, and an area of land on the edge of the greenbelt some 2.7km away has been identified as the best location for the BESS facility by this evaluation approach. It is the opinion of officers that this site search information does not provide sufficient justification on the need for a greenbelt location for this development in accordance with policy requirements as all greenfield land within the National park has been excluded. No evidence as to why this is a justified approach has been provided. 1.9. There is no policy presumption against BESS proposals within a National Park as shown by the approval of such a scheme by Cairngorms National Park Authority of Detailed Planning Permission 2022/0069/DET (22/00601/FUL) for Construction of battery energy storage facility (49.9MW), control building, switch room, battery storage containers, inverter containers, landscaping and associated works. 1.10. Officers do not seek to compare the merits or the detailed evaluation of the current proposal and the approved proposal. However, this approval does raise fundamental questions as to why all greenfield land within the National Park, which is in closer proximity to the required substation connection point, and would appear to be less sensitive, was excluded from the search parameters at such an early stage in the sequential evaluation exercise. 1.11. Added to this omission, the sensitivity and importance of the greenbelt location proposed, with its proximity to a Local Nature Conservation Site and substandard access arrangement, appear from the alternative site evaluation submissions not to have been given sufficient weighting in choosing the current site, despite these clearly being criteria which should have been considered under the applicant’s own site search and evaluation exercise. 1.12. Therefore, Officers do not consider that a convincing case has been made as to why the BESS facility must be located on the greenbelt site proposed. Where there are concerns over adverse impacts this is a material consideration, in the view of officers, which counts against the approval of the proposals. Potentially less sensitive sites within the National Park have not been properly evaluated, and even if in principle such proposals can be acceptable in the greenbelt , they are required in respect of both NPF 4 Policy 8 and LDP 2 Policy 02 to demonstrate a need to locate within the Helensburgh Greenbelt. The submissions fail to satisfy officers on this point. Page 120
Page 121
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 1.13. Had the need to locate within the greenbelt been justified as required to the satisfaction of officers, there are also further requirements to evaluate the impact of the development on the greenbelt which relate to site specific considerations. More detailed evaluation of the potential impacts of the development upon the greenbelt and its character and function at this point is provided at Section 3 of this report. 2. Location, Nature and Design of Proposed Development 2.1. The proposed site is located at Ardencaple Farm, Rhu, Helensburgh, Argyll & Bute approximately 1km North-East of Rhu, on approximately 0.5ha of agricultural land currently used for pasture. The site is bounded by a combination of vegetation and rail fencing with the railway line running along the southern boundary. The nearest residential properties, are identified in submissions as being located approximately 450m to the south east on McLeod Crescent and Paterson Drive. 2.2. Beyond the railway line to the South lies Duchess Woods a designated Local Nature Conservation Area and an extremely valuable community facility which is well used by local residents as an amenity resource. 2.3. The purpose of the Proposed Development would be to install a Battery Energy Storage System (BESS) which would provide standby, emergency electricity for National Grid in times of high electricity demand or when renewable energy projects are unable to fulfil demand. This would be for the installation of: • 49.9MW of modular battery units with ancillary equipment (6.1m x 2.5m x • 2.9m finished in a matt off white). • Inverters (9.8m x 5.0m x 2.3m finished in matt off white). • DNO substation (7.5m x 2.8m x 3.2m finished in matt dark green). • Switchroom (12.3m x 3.3m x 3.4m raised on 1m stilts finished in matt dark • green). • Site and welfare office (7.5m x 2.3m x 2.9m finished in matt dark green). • Site transformer (3.3m x 2.3m x 3.2m finished in matt dark grey). • Erection of acoustic barrier Fence along Southern Boundary 2.4. In order to account for the topography, the application proposes to create a two-tiered site. All equipment would be sited on individual concrete slabs and the site made suitable for servicing by commercial vehicles as shown in submitted Appendix A2: Site Layout Plan. An access road would be provided utilising the existing Ardencaple Farm access road off Paterson Drive and entering the site from the north. 2.5. The battery containers and ancillary equipment would be painted in a muted green colour to be agreed with the Local Planning Authority. The development would be secured by a 2.4 metre high mesh welded security fence, with the western and southern boundary being a 3.0m wooden acoustic fence. 2.6. Additional landscaping details in the form of tree and shrub planting has been proposed by the applicant to both assist screening as assimilation of the development into the landscape and to ensure a biodiversity net gain associated with the proposals. 2.7. It is worth noting at this point that the applicant’s own submissions indicate that the equipment proposed is not fixed, and a conditional approval to allow changes to the actual plant/machinery to be installed has been suggested in submissions. This matter is Page 121
Page 122
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL addressed in more detail at section 4 which evaluates the potential noise characteristics of the development. 3. Greenbelt and Landscape Evaluation 3.1. As has been set out at Section 1 of this report, the application seeks to locate a BESS facility on a site within Helensburgh greenbelt. The development will therefore require to address the policies which apply to greenbelt development in their entirety. As has been set out at Section 1, even if the location of the development within the greenbelt had been satisfactorily justified, there are also a number of other relevant policy requirements which development proposals must satisfy. Relevant extracts of these policies are set out below. 3.2. LDP 2 Policy 02 clarifies, inter alia, that applications : will also be required to demonstrate that there will be no unacceptable adverse effects (either individually or cumulatively) on natural heritage resources, built and/or cultural heritage resources, and landscape and visual amenity..... 3.3. ....Within the Helensburgh and Lomond Green Belt development will only be supported where this is appropriately designed, located and landscaped 3.4. LDP 2 Policy 04 which relates to sustainable development requires that; In preparing new development proposals, developers should seek to demonstrate the following sustainable development principles, which the planning authority will also use in deciding whether or not to grant planning permission... i) Respect the landscape character of an area and the setting and character of settlements; 3.5. LDP 2 Policy 08 in respect of sustainable siting states Each of the following will apply when assessing any proposal for development...... • The development should integrate into the landscape or existing built form to minimise detrimental effects on the environment. Particularly careful attention should be given to hilltop, skyline or ridge locations, where development will only be acceptable if such a location cannot be avoided and any significant adverse landscape and visual effects are clearly outweighed by social, environmental or economic benefits of community wide importance arising from the development proposal, and have been sufficiently mitigated through an environmental impact assessment or landscape and visual impact assessment. . 3.6. LDP 2 Policy 10, which sets out the design principles applicable to all development, requires that; The design of any development must: • Demonstrate an understanding of and appropriate response to the proposed development site and wider context including consideration of character and, where applicable, urban grain;.... Page 122
Page 123
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 3.7. NPF 4 Policy 8 also requires that for development in the greenbelt, where is locational need is justified, that The character, landscape, natural setting and identity of settlements is protected and enhanced. 3.8. Officers are aware of the strong support for BESS proposals given within both NPF4 and LDP 2 Energy Related Policies and these will also be evaluated at a later stage in the report. The proposed site for this industrial scale BESS development, in Officers view, is on an integral and important component part of the greenbelt at this point. Although it is accepted that views are constrained along the access road to the site by hedges and that the greenbelt compartment is formed by boundary hedgerows to the east and west , these do not form part of the application site and are not within the control of the applicant to secure their retention. Therefore their screening role cannot be guaranteed for the future. Importantly, this is a well-used access road for residential, business and recreational users and there is an important viewpoint over the site at the site entrance opposite Cherry Wood stables. From this well used vantage, the field within which the application is proposed, forms an important and open compartment of the greenbelt where the open views are an important contributor to the open character of the greenbelt at this point. 3.9. The field where the application is proposed, in the opinion of officers, forms a critical element in defining the openness of the greenbelt at this point, and contextualising and framing the setting of the settlement of Helensburgh in an attractive manner. The field both frames the settlement and also provides the desirable open context for longer range views of Helensburgh and the Clyde Estuary beyond. The quality of this view and the vital role this field plays in facilitating open and attractive vistas within the greenbelt is, in officer’s opinion, of clear importance. The proposed development would, in Officers opinion, unacceptably harm and undermine the greenbelt at this point by introducing a large industrial scale development into an important greenbelt compartment to the detriment of the greenbelt and its role at this point. The proposals are therefore considered to be contrary to LDP 02 Policies 02, 04, 08 and 10 objectives and also NPF 4 Policy 8 requirements. 3.10. However , given that the proposal is related to the delivery of a renewable energy based system which supports addressing the roll out of renewable grid infrastructure in accordance with NPF 4 and wider Government climate change objectives, it is also necessary to balance any conflicts with the above policies with the extremely supportive policies within LDP 2 and NPF 4 for energy related development (as well as other climate change related Scottish Government advice as set out in the material considerations section of this report). Further policy evaluation related to these supportive energy policies is set out below. NPF 4 and LDP 2 Energy Policy Evaluation 3.11. Given that the proposal is for essential energy infrastructure which contributes to addressing the Climate emergency and the objectives of NPF4 Policy 1, it must be acknowledged in the decision making process that there is strong policy support for such proposals. As this recommendation to refuse the current application is a matter of officers balancing competing policy objectives, it is essential that Members in coming to a planning judgement, also take into account the strong policy support for such proposals set out in LDP2 Policy 30 and NPF 4 Policy 11 in coming to a Planning decision in this case. This is not, in Officers opinion, a clear-cut matter, and the significance of the contended and potential adverse impact, non-compliance with roads standards and inadequate noise information submission, must be considered in the balance against this strong Energy Policy support for such proposals as referenced. LDP 2 policy 30 states; Page 123
Page 124
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL The Council will support renewable energy developments where these are consistent with the principles of sustainable development and it can be adequately demonstrated that there would be no unacceptable environmental effects, whether individual or cumulative, on local communities, natural and historic environments, landscape character and visual amenity, and that the proposals would be compatible with adjacent land uses….In assessing any application the Council will additionally have regard to the opportunities for energy storage, local energy networks, and long term environmental management of the site. 3.12. NPF 4 Policy 11 clarifies that: a) Development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include: iii. energy storage, such as battery storage and pumped storage hydro; 3.13. Notwithstanding these energy policies and other policy advice which strongly support the approval of BESS proposals, and which the council is supportive of, there are specific locational and site constraint issues associated with this particular proposal which officers consider are unacceptable and outweigh the policy support in principle for such developments as set out in this report. 4. Noise and Amenity 4.1. The submitted Noise Report confirms that the ‘discharge’ process is when noise emissions are at their maximum, with the cooling systems to all of the plant operating at a much higher capacity (and thus noisier level) during discharge compared to the majority of the day/night when energy is being drawn/stored. The discharge hours would be dictated by the demands of the National Grid, but would likely occur between around 07:30 and 20:30, not for this whole period, but typically for up to 2 hours at a time. Officers note that the submitted Noise Report states: …. that should planning permission be granted, that this would include a planning condition which requires a further assessment to be submitted prior to construction / once the design has been finalised and the exact manufacturers/model numbers of all of the plant are known, given that the design could conceivably change. The Council’s Environmental Protection officer has evaluated the submitted noise report which seeks to address noise concerns expressed by residents. In his response dated 24.09.24 the Environmental Health Officer confirms that; With regards to the Noise Impact Assessment submitted in connection with the above planning application, although the methodology of the assessment was competent, it is fully acknowledged that it was based on an assumed variety of equipment that may be in place on the BESS site. In order that we can be satisfied that the amenity of the local residents could be protected, we would need to see an assessment based on date of the actual equipment to be used as there will likely be variation in terms of both general sound level and frequency spectra. Any controls noted thereof would have to be in relation to the assessment of sound produced from the actual equipment to be installed. We would also need to see information on “tick over” sound levels and any impact on start up/shut down between tick-over and fully operational as it is these changes of noise states that are more attractive to any listener. Page 124
Page 125
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 4.2. The above response clarifies that the methodology of the report is agreed, but failing to commit to the actual plant/machinery to be installed on the site, and suggesting that a suspensive condition would be expected to cover this, leaves any evaluation of resultant nose levels at sensitive receptor locations and changes in noise levels without the necessary certainty to ensure this matter is properly addressed. In an addendum response to this above (dated 04.10.24) the Environmental protection officer further comments that; I note that there was no vibration assessment undertaken for the initial BESS submission. We would require this to be undertaken and mitigations identified as required. 4.3. In respect of the objections raised about the potential noise disturbance to users of Duchess Woods, which is a well-used and high-quality amenity area rich in wildlife (designated as a Local Nature Conservations Site and Local Nature Reserve). Officers note: • the failure to clearly commit to the exact type of equipment to be installed and its noise output and vibration characteristics, • the lack of clarity on 24 hr operational noise output characteristics of that equipment, • the lack of detail on predicted noise impact on the core path route within Duchess Woods at its closest point to the development, 4.4. All these matters in Officers’ opinion represent a deficiency of the application submissions. Had this been a less sensitive adjoining use, such matters would be less material to the determination, however Duchess Woods is a highly regarded and valued Local Nature Reserve formally identified in the Statutory Plan and a Local Nature Conservation Site where members of the public should legitimately expect (subject to train noise incidents) they can enjoy nature. It is therefore considered to be a sensitive receiving environment by Officers. 4.5. For clarity, Officers do not contend, as a matter of certainty, that the proposals will result in unacceptable noise impacts on the amenity value and enjoyment of Duchess Woods. However, the lack of certainty on this matter on the level of any noise which would be audible from the woodland is a further material consideration in concluding that the current submissions do not adequately address the issue of noise, and potential amenity impacts to the satisfaction of Officers. 4.6. Had officers been minded to approve this development, a revised noise survey, accurate in respect of the proposed equipment and its noise and vibration generating characteristic over a full 24hr operational period would have been required. Given the fundamental importance of these matters to the proposed location of the BESS being acceptable, Officers do not consider the use of a suspensive condition would adequately address these matters in this particular case. 4.7. For the reasons set out above it is considered that the proposal fail to provide sufficient detail in respect of potential noise impacts upon surrounding sensitive receptors and land contrary to the objectives of LDP 2 Policy 14. 5. Network, Parking and Associated Transport Matters. 5.1. The applicants confirm by submission that they would utilise the existing Ardencaple Farm access track off Paterson Drive, and thereafter would propose to enter the site from the north via a new private access track to the BESS. The management of access during the construction phase set out in the submitted Construction Traffic Management Plan (CTMP). The lack of adequate and safe access for both construction, operational and emergency service access is a concern which a considerable number of objectors have raised. The Page 125
Page 126
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Area Roads Engineer has recommended refusal of the application over inadequate and substandard access arrangements being submitted. In his response dated 07.08.24 he comments that, On review, having attempted to access the site in a vehicle, it has become apparent that the route does not offer the necessary intervisibility between vehicles and pedestrians, nor the available width for vehicles access or pedestrian ‘step-off’ due to the extents of vegetation growth. Additionally, access to the proposed site from the existing access route/ road covers a significant change in elevation. Stated within the submission, the access road will be installed at a ratio of 1:5 (20%), Argyll and Bute design guidance states that access roads must be installed no greater than 1:20 (5%). Any solutions to lessen the gradient would require significantly more area than that which has been identified within the applicant’s red line boundary. In conclusion, the combined access issues and access gradient issue require improvement to reach the minimum design guidance set out with Argyll and Bute standard details and design guidance. As the commensurate improvements to achieve these standards appears to be out with the applicant’s gift, Roads refuse the proposed on the grounds of road safety. 5.2. Members should note that discussions were entered into with the applicant to seek to provide adequate intervisibility and passing places and revised proposals were provided by the applicant to seek to address access to the site. However, the applicant has failed to provide reassurance to the Area Roads Engineer that the proposals could be delivered due to constraints over the land they have control of and given the extent of necessary improvements. 5.3. Further consideration of the proposals also raised concerns in relation to the gradients proposed for the private access road to the site and the internal access road within the site in respect of not meeting necessary roads standards for emergency vehicle access. Officers consider that the ability to provide safe and acceptable access to the site for emergency service vehicles is a fundamental matter to the suitability of the site for a BESS development. This is therefore considered to be a matter which requires to be resolved at application submission to the satisfaction of the Area Roads Engineer and is not an appropriate matter for the use of a suspensive condition. 5.4. In the consultation response dated 27.03.24 from the Scottish Fire and Rescue Service (SFRS) they have clarified a number of access and other technical requirements for BESS proposals. Of most relevant to access requirements is the following extract: Suitable facilities for safely accessing and egressing the site should be provided. Designs should be developed in close liaison with the local FRS as specific requirements may apply due to variations in vehicles and equipment. This should include: At least 2 separate access points to the site to account for opposite wind conditions/direction. Roads/hard standing capable of accommodating fire service vehicles in all weather conditions. As such there should be no extremes of grade. A perimeter road or roads with passing places suitable for fire service vehicles. Page 126
Page 127
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 5.5. It is considered that the failure of the proposal to meet these SFRS requirements is a further material consideration, reinforcing the objection of the Area Roads Engineer in respect of the proposed site and access arrangement roads being substandard to ensure acceptable emergency service vehicle access to site. This again suggests that insufficient weight has been given to these constraints within what was in officers opinion a flawed site search approach as has been previously referenced at Section 1 of this report. 5.6. Given the above the proposals are considered to be contrary to requirements of LDP 2 Policies 35, 37 and 39. 6. Other Key Policy Matters 6.1 Flooding and Drainage The Councils Flooding advisor has raised no objection to the proposals and has commented that: The site lies outwith the indicative limits of fluvial and coastal flooding, as per the SEPA Future Flood Maps. A small, localised region of surface water flooding overlaps with the southern boundary of the site, however, depths are recorded to be less than 30cm, and extends over a small surface area. The proposed development is outwith the surface water flood extent. The small watercourses to the west and east of the site have catchment areas of less than 3km2 and hence haven’t been accounted for in the SEPA Fluvial flood map. Flood risk from these watercourses has not been quantified in the Flood Risk and Hydrology / Drainage Impact Assessment. However, as the site plans show a stand-off distance between the watercourse and the proposed development and the site is outside of the indicative surface water extent, the proposals are considered to be acceptable regarding flood risk A Drainage Impact Assessment includes a drainage plan and drainage calculations for the site, and the following comments are made: • The Drainage layout shows that surface water run-off will be routed to storm cells and attenuated within the site before discharge to the small watercourse to the west of the site. Flow exceedance routes are included in the drainage plan. • The Drainage calculations show that the drainage capacity of the storm cell system (345 m3) will accommodate rainfall events up to and including the 200-year event plus an allowance for climate change. This is acceptable. It is noted that the proposals have water tank provision on site as part of a proposed fire suppression system and that further technical requirements in terms of water suppression requirements have been provided in the consultation response from the SFRS. Should the need arise for water suppression of a fire on the site, the water will be required to be retained on the site and not allowed to discharge in a similar manner to surface water as there will be contaminants in the water associated with the materials the batteries are made of. Officers are of the opinion that had the recommendation been to approve the current proposal, a condition requiring a fire safety and site drainage and pollution containment plan would have been required to ensure both the capability of the system and the ability to meet the requirements of the SFRS. It would also be essential to ensure any external fire service related water used in combination with on-site water tank use, would not discharge from the site on a worst case scenario given the North to South slope, and proximity of the Local Nature Conservation Site. Page 127
Page 128
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL It not considered that these concerns would in themselves form a reason to refuse the application and a suspensive condition requiring further submissions on these matters could have been imposed had the recommendation been to approve the proposals. 6.2 Biodiversity and Natural Environment The Council’s Biodiversity Officer has evaluated the application submissions, and in particular the details contained within submitted Landscape Mitigation plan. In her response she clarifies that: Comments from the Ecology Report: I agree with the proposed mitigation measures: • Installation of noise fence during construction phase • Works to be completed outwith the breeding bird season • Pre-works check for reptiles, amphibians, water vole, breeding birds • Good practice carried out on site • Delivery of ToolBox Talk prior to works I also agree with the recommendations for general biodiversity enhancement. The Biodiversity Officer has had regard to the fact that it is likely that bats from the surrounding woodland will overfly the site when hunting and has therefore referenced the need for lighting to be properly controlled in any grant of planning permission in accordance with good practice (reference is made to the advice within the Bat Conservation Trust Guidelines on lighting and Pages 29-30 as a useful reference). In respect of any necessary future information on submissions which should be conditioned had an approval been proposed. She clarifies: Recommendations: • I would suggest a bat survey be conducted prior to works commencing due to the potential for ongoing disturbance to bats from potential light and noise pollution. There is moderate value habitat present for bat commuting and foraging. Limitations of the survey included trees to the east of the site that were only able to be surveyed for potential bat roosting features from the ground level due to the canopy layer of leaves during the survey. • A programme of tree / flower planting should be included to show species, location, timings and methods of implementation, and on-going monitoring and maintenance. This will ensure all new vegetation is protected until such a time it becomes established and ensure biodiversity enhancement. Officers accept and acknowledge that the enhanced landscaping proposals which have been submitted, on balance of probability, achieve biodiversity net gain given the current low biodiversity/habitat value of the site. Officers also accept that the planting proposals would in the longer term assist in both biodiversity enhancement objectives and assist in reducing the visual impact of the proposals on the greenbelt at this point. It is considered that, had it been officer recommendation to approve the current proposal, a suspensive condition requiring Page 128
Page 129
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL further submissions to demonstrate biodiversity net gain has been achieved could adequately address these matters in this particular instance. Given the above, it is considered that the proposals can be considered in general adherence NPF Policy 3 and LDP 2 Policy 73 objectives. 6.3 NPF Policy 11 (c) and 25 and LDP 2 Policy 11 Economic Benefits The policy framework against which proposals for energy development proposals must be evaluated also includes the following policy matters: NPF 4 Policy 11(c) states that: “Development proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities.” Policy 25(a) of the NPF4 states: “Development proposals which contribute to local or regional community wealth building strategies and are consistent with local economic priorities will be supported. This could include for example improving community resilience and reducing inequalities; increasing spending within communities; ensuring the use of local supply chains and services; local job creation; supporting community led proposals, including creation of new local firms and enabling community led ownership of buildings and assets.” LDP 2 Policy 11 requires energy related proposals to be assessed against a number of criteria , including: Net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities.” The applicant has submitted an Economic Benefits Statement as Appendix M to the proposal. This clarifies that: • Battery development projects create employment opportunities particularly during construction phase. Wherever possible, the Applicant will seek to utilise local employment for the civil engineering aspect. Furthermore, these projects can stimulate local economies and generate revenue for the community, both through direct employment and indirect benefits to local businesses and services. Furthermore, they can attract investment and foster innovation in Scotland's growing green energy sector. • Opportunities for indirect benefits include utilising local labourer workforce (~£500/week), and using locally owned accommodation to house external workforce (i.e. 4 nights a week at ~£100 per night). In addition, sustenance costs for workforces spent in local shops (~£20/day) • It is anticipated there would be an average of 10 labourers per site at any given time, with project build time of 12 months = ~£240,000 contribution to local economy. 20 Battery storage facilities require enhanced grid reliability and resilience, reducing the risk of local power outages. This would include the introduction of fibre communication networks and replacing outdated or overtaxed electrical infrastructure Page 129
Page 130
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL at the substation. As with all infrastructure networks, these would be owned by the operator and would therefore be available to local businesses and residents. In times of natural disasters, extreme weather events, or unforeseen grid disturbances, battery storage facilities can provide a critical, temporary, source of backup power, supporting essential services, hospitals, and emergency response units. • During the initial project phase, a project of this kind can bring in excess of £1,000,000 of direct investment into a local area by using local companies to undertake the civil engineering element of the project. At the point of tender, the Applicant will engage with appropriate local businesses invite them to submit tenders for the civil engineering element of the project. Also, there will be additional local benefits through hiring of equipment and sourcing incidental materials. The installation and commissioning process is likely to be undertaken by the equipment suppliers and involves highly specialised, qualified and experienced personnel. It is acknowledged that this is unlikely to be from local companies. However, secondary benefits of the technical installation and commissioning process (likely to be for a 12 month period) would be for local businesses to benefit by providing accommodation and hospitality services during the construction period. • Longer term, battery energy storage projects create high skill employment opportunities with transferrable skills. The energy sector is the largest direct employer in Scotland outside of the public sector. (source: The Economic Impact of Scotland's Renewable Energy Sector). The Applicant would explore opportunities to upskill local tradesmen to undertake this work. • The project will be subject to a high band of business rates, contributing an estimated £225,000 each year to the local authority to fund public services for the full 25-30 year project life. Officers consider that the matters set out above are satisfactory to address the policy requirements of this particular proposal, although further details on the mechanisms to deliver the desired outcomes would be required to provide additional reassurance. Officers are content that such matters could be resolved through the use of a suspensive condition requiring further details on how these commitments would be adhered to and delivered (such as commitment to hold open days for suppliers and to explore training or education opportunities associated with the proposals) 6.4 Restoration Bond and Site Restoration Plan (to include waste management and disposal plan for any potentially contaminating materials) Had it been the recommendation of officers to approve this application, a suspensive condition requiring a site decommissioning Plan and Waste Management Plan would have been required This would also require the provision of an appropriate financial mechanism (the sum and indexing mechanism to be independently verified), to ensure any costs associated with site restoration were adequately covered in a similar manner to a minerals restoration requirement. The need for a waste management element reflects the know needs associated with the proper removal and disposal of BESS units. In accordance with established practice the use of a suspensive condition could, in the opinion of Officers, adequately address these matters. 6.5 Workers Housing Strategy Discussions with relevant policy officers has confirmed that a workers housing strategy condition would not be required for development sites within daily commuting distance from Page 130
Page 131
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL the central belt area. Therefore, in this particular instance, no suspensive condition on this matter would be imposed by officers had the recommendation been to approve the development. 6.6 Cultural Heritage The applicants have submitted a heritage statement dated October 2023 in respect of these matters as part of the application submission package. Designated Heritage assets in the surrounding area are identified at Figure 1. The Conservation Area Boundary is identified at Figure 2 and non-designated assets are identified at Figure 3. The report concludes at Section 5 that: a range of heritage assets in accordance with best practice as provided by Scottish Natural Heritage Good Practice Advice. It has shown that the Proposed Development Site would not impact on any designated or undesignated heritage assets and therefore accords with NPF4 and the Local Plan. Officers are in agreement with this conclusion and the proposals are considered to be in accordance with the requirements of NPF 4 Policy 7 and LDP 2 Policy 15. 6.7 Network Rail Suspensive Conditions Officers note that Network Rail in their consultation response have also confirmed the need for the imposition of suspensive conditions on any grant of planning permission to safeguard their interests. Officers are uncertain as to whether all the Network Rail conditional requirements could be satisfactorily addressed by the applicants. However, as the Officer recommendation is to refuse the application, the need to examine these matters in more detail at this stage is not required. Page 131
Page 132
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Appendix B Representations in relation to 23/02472/PP Objection Adam McLean 3 Paterson Drive Helensburgh Argyll And Bute G84 9QY Aimee Woolfries No Address Given Albert Barclay Carbeth House Torwoodhill Road Rhu Helensburgh Argyll And Bute Alistair Stewart 61 Macleod Drive Helensburgh Argyll And Bute G84 9PS Allan Naismith 44 Queen Street Helensburgh Argyll And Bute G84 9PT Antonio Lopez Jordan 10 Macleod Crescent Helensburgh Argyll And Bute G84 9QX Audrey Baird No Address Given Brian McCutcheon Caroline Strugnell 22 Duchess Drive Helensburgh Argyll And Bute G84 9PR Cathryn Silverthorne 3 Duchess Drive Helensburgh Argyll And Bute G84 9PR Catriona Davies Suite A3 Stirling Agricultural Centre Stirling FK9 4RN Craig Fyffe 18 Paterson Drive Helensburgh Argyll And Bute G84 9QY David Anderson Ashton Rhu Road Higher Helensburgh Argyll And Bute David Cantello 35 Redclyffe Gardens Helensburgh Argyll And Bute G84 9JJ David Fox 49 Charlotte Street Helensburgh G84 7SE David Lewin 36 Queen Street Helensburgh Argyll And Bute G84 9PU David McNaught 38 MacLeod Drive Helensburgh G84 9QU Dawn Archard No Address Given Fiona Baker Hillcroft Station Road Rhu Helensburgh Fiona Young Edward Drive Helensburgh Helen Ratcliffe 65 Macleod Drive G849PS Hilary Stuart Dunaivon Armadale Road Rhu Helensburgh Argyll And Bute Iain MacLaren Twiga Glenoran Road Helensburgh Argyll And Bute Jackie Baillie MSP Constituency Office 11 Castle Street Dumbarton G82 1QS James Scullion No Address Given James Silverthorne 3 Duchess Drive Helensburgh Argyll And Bute G84 9PR Jean McFarlane 38 MacLeod Drive Helensburgh G84 9QU Joe McIntyre 46 Macleod Drive Helensburgh Argyll And Bute G84 9QU John Allwood 10 Macleod Drive Helensburgh Argyll And Bute G84 9QS John Thompson Full Address Not Given Jonathan Sutton No Address Given Keith And Elaine Ferguson Lewis Martin 7 Lower Sutherland Crescent Helensburgh Argyll And Bute G84 9PG Lois Nicolson Louise Syme Willow Bank Garelochhead Helensburgh Argyll And Bute Lucy Scullion Cherryhill Stables Helensburgh Argyll And Bute G84 9QG Lynn Harper 67 Macleod Drive Helensburgh Argyll And Bute G84 9PS Martin Grafton 17 Queens Point Shandon Helensburgh Argyll And Bute Mary Kingshott 46 Queen Street Helensburgh Argyll And Bute G84 9PT Michaela Mather 9 Duchess Drive Helensburgh Argyll And Bute G84 9PR Michelle McCutcheon No Address Provided Morag Young 73A West King Street Helensburgh Argyll And Bute G84 8EE Natasha Watkiss 20 Duchess Drive Helensburgh Argyll And Bute G84 9PR Nicky Brownrigg Ardentigh Glenoran Road Helensburgh Argyll And Bute Noble Macpherson 31 Kennedy Drive Helensburgh Helensburgh Argyll And Bute Nora Morocza Flat 2/1 27 John Street Helensburgh Argyll And Bute Paula McIntosh 66A Colquhoun Street Helensburgh Argyll And Bute G84 9JP Penny Ward 25 Laggary Road Rhu Helensburgh Argyll And Bute Peter Davies 66 James Street Helensburgh Argyll And Bute G84 9LF Rachel Black 26 Ardencaple Drive Helensburgh Argyll And Bute G84 8PS Page 132
Page 133
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Rob Stuart Dunaivon Armadale Road Rhu G84 8LG Roger And Ruth Scullion Roger Scullion Cherrytree Stables Paterson Drive Helensburgh Ross Mather 9 Duchess Drive Helensburgh Argyll And Bute G84 9PR Sally Butt Upper Flat 2A West Lennox Drive Helensburgh Argyll And Bute Seonag Bates Redwood Glenarn Road Rhu Helensburgh Suzanne Hamilton No Address Given Terence Brownrigg No Address Given Thomas Carruthers 4 Paterson Drive Helensburgh Argyll And Bute G84 9QY Vivien Monteith 5 Duchess Drive Helensburgh Argyll And Bute G84 9PR Xanne Janssen 22 Duchess Drive Helensburgh Argyll And Bute G84 9PR Xanne Janssen 22 Duchess Drive Helensburgh Argyll And Bute G84 9PR Nigel Millar Support James Rae 104 West King Street Helensburgh Argyll And Bute G84 8EQ Representation Jackie Baillie Constituency Office 11 Castle Street Dumbarton G82 1QS Martin Grafton No Address Given Friends Of Duchess Wood Page 133
Page 134
This page is intentionally left blank
Page 135
Page 135
Page 136
This page is intentionally left blank
Page 137
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Argyll and Bute Council Development & Economic Growth 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: 24/00260/PP Planning Hierarchy: National Applicant: Scottish Hydro Electric Transmission Plc Proposal: Section 42 application for the removal of condition 11 relative to planning permission reference 22/00782/PP (To construct and operate a 132/275 kilovolt (kV) GIS substation and associated infrastructure that will connect the existing 132 kV overhead line (OHL) from Taynuilt to Inveraray to a proposed 275 kV OHL to Dalmally. The works will comprise cut and fill to tie the platform into the existing ground level, landscaping, Sustainable Drainage Systems (SuDS) basins, new permanent access and upgrades to existing tracks) Site Address: Land Approximately 2.5 Km Southwest of Cladich, Argyll And Bute DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Deletion of condition 11 relative to planning permission reference 22/00782/PP – to remove the requirement to raise the finished ground floor levels of all buildings to 0.3 metre above the surrounding ground level. • Construction of substation platform (190m x 225m) to accommodate Gas Insulated Switchgear (GIS) • Erection of buildings, installation of electrical plant and erection of perimeter security fencing • Widening of existing forestry tracks (1,895m in length) and upgrading of existing culverted watercourse crossing the River Aray • Construction of 323m of new access track, comprising 108m connecting the existing forest track to the substation site and 215m of access track continuing around the substation site on the south east and north east aspects • Landscape planting • SUDs, comprising four basins to the east of the substation platform Page 137 Agenda Item 7
Page 138
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL • Peat restoration on-site by way of dressing of substation platform slopes and access tracks, as well as ditches and other cut areas (ii) Other specified operations • Temporary site laydown area approximately 200m south east of the substation site • 3.55ha of management felling to the northwest of substation site which forms part of long-term forest plan for the area (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted, in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997, subject to the conditions and reasons detailed in this report. (C) CONSULTATIONS: Scottish Environmental Protection Agency (SEPA) (16th February 2024) – have no adverse comments or objections to the deletion of the condition, stating in their response that they did not request that the condition to require the applicant to raise the finished floor levels be placed on the original application. NatureScot (15th February 2024) – confirm that the proposals continue to fall outwith their consultation threshold and as such have no specific comments. Historic Environment Scotland (22nd February 2024) – have no adverse comments or objections to the proposals. Transport Scotland – no response to the consultation request. Scottish Rights of Way and Access Society – no response to the consultation request. West of Scotland Archaeological Service (WOSAS) – no response to the consultation request. Glenorchy and Innishail Community Council – no response to the consultation request. ARGYLL AND BUTE COUNCIL INTERNAL CONSULTATION RESPONSES Environmental Health (9th April 2024) – state that they have no remit regarding condition 11. Flood Risk Management Advisor (7th March 2024) – refer to their consultation response on the original application, dated 8th September 2022, in which they stated “The supplied elevations do not list FFLs to mAOD, though they do appear to be slightly elevated above ground level. Given the pluvial flood risk to the site it is recommended that FFLs be elevated 0.3 metre above surrounding ground level, if practicable”. They further note that no additional info on FFL’s has been submitted Page 138
Page 139
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL with the current application, however state that as the raising of the FFLs by 0.3 metre was only a recommendation on the original application, have no objections to the removal/deletion of the actual condition. Local Biodiversity Officer – no response to the consultation request. Area Roads Oban – no response to the consultation request. Core Paths Officer – no response to the consultation request. The above represents a summary of the issues raised. Full details of the consultation responses are available to view via the Public Access section of the Council’s website. (D) HISTORY: Specific to the site: 21/01230/PAN - Proposal of Application Notice for the erection of electricity substation comprising platform area, control building, associated plant and infrastructure, ancillary facilities, access track(s), laydown area(s) and landscape works. Land East of Creag Dhubh, Cladich, Argyll and Bute. Opinion Issued 18 August 2021. 21/02348/SCREEN - Screening Opinion for the installation of 132/275kV substation and associated works. Creag Dhubh Substation. Screening opinion issued on 16 March 2022. 22/00782/PP – The original planning application for the proposed GIS Substation and associated infrastructure on the site. Granted conditional planning permission by the Council on 16 February 2023. Of relevance: 21/00286/SCOPE - Scoping request for proposed Section 37 application for the proposed Creag Dhubh to Dalmally 275 kV connection. Scoping opinion issued on 30 June 2021. 22/02305/S37 - Section 37 Application for Creag Dhubh to Inveraray 275kV Overhead Line. Creag Dhubh To Inveraray Overhead Line, Inveraray Estate Woodland, Inveraray, Argyll and Bute. Granted conditional approval by the Scottish Government Energy Consent Unit on the 21 August 2024. (E) PUBLICITY: MREG20 – Regulation 20 Major Application Advert, Expired 21 March 2024 (F) REPRESENTATIONS: (i) Representations received: None received. Page 139
Page 140
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☐Yes ☒No ☐Yes ☒No (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☐Yes ☒No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 11 – Energy Page 140
Page 141
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management NPF4 Policy 23 – Health and Safety Productive Places NPF4 Policy 25 – Community Wealth Building NPF4 Policy 29 – Rural Development Annex B – National Statements of Need 3. Strategic Renewable Electricity Generation and Transmission Infrastructure Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 19 – Scheduled Monuments Policy 21 – Sites of Archaeological Importance Diverse and Sustainable Economy Policy 30 – The Sustainable Growth of Renewables Connected Places Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Sustainable Communities Policy 55 – Flooding Policy 58 – Private Water Supplies and Water Conservation High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees Policy 78 – Woodland Removal Policy 79 – Protection of Soil and Peat Resources Page 141
Page 142
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Planning Advice Notes & Web-based Renewables Guidance • Renewable energy and climate change framework • Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 • The Future of Energy in Scotland: Scottish Energy Strategy, Scottish Government (December 2017) and position Update dated 16.3.21 • Scotland’s Draft Energy Strategy and Just Transition Plan: Ministerial statement (Dated 10.1.23) • The Scottish Government’s Policy on ‘Control of Woodland Removal’ (Forestry Commission Scotland 2009) • Views of statutory and other consultees, • Planning history of the site • Legitimate public concern or support expressed on relevant planning matters (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No The opportunity to attend a pre-determination hearing is required to be offered in relation to applications for planning permission for major developments which are significant departures from the development plan, and for all national developments. Their purpose is to allow the views of applicants and those who have made representations to be heard before a planning decision is taken. The Planning Authority has discretion over how hearings will operate in its area. The applicant and consultees have confirmed that they do not wish to be heard, and therefore a Hearing will not be required. (O)(i) Key Constraints/Designations Affected by the Development: • Peat • Forestry Removal (O)(ii) Soils Agricultural Land Classification: Class 6.3 – Rough Grazing Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 Page 142
Page 143
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL ☐Class 3 ☒N/A Class 5 indicated on Council Maps. Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) Yes - the development has commenced and the trees have already been removed. Does the proposal include any replacement or compensatory planting? ☒Yes ☒No details to be secured by condition ☐N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP2 Settlement Strategy (tick all relevant boxes) ☐Settlement Area ☒Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Assessment and summary of determining issues and material considerations A Section 42 application is an application for a new planning permission for a development, but with different conditions from those attached to a previous permission for that same development. In determining such an application, the Planning Authority can only consider the changes to the conditions on the previous permission. The principle of development is not under consideration and the original permission remains live. (i) Principle of Development Planning Permission (ref. 22/00728/PP), to construct and operate a 132/275 kilovolt (kV) GIS electrical substation and associated infrastructure, with works comprising of cut and fill to tie the compound platform into the existing ground level, landscaping, Page 143
Page 144
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Sustainable Drainage Systems (SuDS) basins, new permanent access and upgrades to existing tracks was originally granted on 16th February 2023. It should be noted that works have now commenced on site, and these works are progressing in accordance with the original approval. (ii) Proposed Development The current application has been made under Section 42 of the Town and Country Planning (Scotland) Act 1997, as the applicant wishes to delete a planning condition (Condition 11) attached to the original consent, 22/00728/PP, requiring that the finished floor levels of all the previously approved buildings on the site are elevated 0.3 metre above the surrounding ground levels. Condition 11 of 22/00728/PP states: “Notwithstanding the provisions of condition 1, the finished ground floor levels of the buildings of the development shall be elevated to 0.3 metre above surrounding ground level, unless otherwise agreed in writing by the Planning Authority.” This requirement was added as a planning condition to the original approval following a consultation response received from the Flood Risk Management Advisor (JBA Consulting, dated 8th September 2022), in which they stated “The supplied elevations do not list FFLs to mAOD, though they do appear to be slightly elevated above ground level. Given the pluvial flood risk to the site it is recommended that FFLs be elevated 0.3 metre above surrounding ground level, if practicable”. As stated above, following consultation on the current application, they further note that no additional info on FFL’s has been submitted with the current application, however state that as the raising of the FFLs by 0.3 metre was only a recommendation on the original application, have no objections to the removal/deletion of the actual condition. Prior to submitting the current application, the applicant contacted the flooding consultee direct to discuss the reasoning for the requirement for the 0.3 metre raising of the FFL. In response, the consultee stated that the 0.3 metre increase to FFLs was “more a note to the applicant that it may be a mitigation measure they wish to consider, however did not intend for it to be added as a formal condition.” In response to this statement, the applicant advised that their intention was to follow their standard specifications for such projects, with the substation platform designed and constructed to be free draining, set 0.15 metre above FFL and for an up to a 1 in 1000 year rainfall event. In addition, raising all FFLs to 0.3 metre above ground levels would add further complexities to the construction of the project, including additional ramps and hardstanding areas. In view of the above, the flooding consultee and the Council concur that it is not practical for the applicant to incorporate raising the FFLs for all buildings proposed within the site by 0.3 metres, noting the applicant’s intention to raise all FFLs by 0.15 metre, and therefore it is considered acceptable to delete condition 11. As physical works have now commenced on site the Council considers that it is also necessary to reword a number of pre start and enduring planning conditions attached to the original consent for the project, under ref: 22/00782/PP, conditions that required to be discharged or part discharged prior to works commencing on site. The relevant conditions affected that require to be reworded are conditions 2 (CEMP), 3 (CTMP), 4 (WOSAS WSI), 5 (Construction Worker’s Housing Strategy), 6 (Private water supply), 7 (CNMP), 8 (PMP), 9 (CPP and LTFMP) and 10 (Vehicle wheel cleansing facilities). The remaining, enduring planning conditions attached to the original consent, conditions 12 to 17, are proposed to be carried over in their existing worded form. Page 144
Page 145
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL If successful, the effect of a Section 42 application to modify or delete a planning condition or conditions is to grant a further planning permission for the whole development but with the amended condition or conditions replacing those that were previously issued, or (if appropriate) with conditions removed if required. All other conditions, if relevant, are also required to be attached to any new planning permission. If the proposed changes to the condition or conditions are deemed unacceptable, then Section 42 of the Act requires the application to be refused. Any refusal of an application under Section 42 of the Act does not have any effect on the original planning permission which remains intact. Following a detailed assessment and noting the responses from the consultees, the proposal is considered to be consistent with policies in both the National Planning Framework 4 (NPF4) and the Argyll and Bute Local Development Plan 2. Therefore, it is recommended that the application to delete condition 11 attached to planning permission 22/00782/PP is granted, which effectively renews that planning permission for a further three years. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: All relevant matters have been taken into account when assessing this further application. It is considered that the proposal accords with the principles and policies contained within both the adopted National Planning Framework 4 and the adopted Argyll and Bute Local Development Plan 2. The Section 42 application to delete the planning condition is considered acceptable, subject to the retention and amendment of the remaining planning conditions in terms of all other applicable material considerations. (S) Reasoned justification for a departure to the provisions of the Development Plan Not applicable (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Stuart Ramsay Date: 24.09.2024 Reviewing Officer: Sandra Davies Date: 07.10.2024 Fergus Murray Head of Development & Economic Growth Page 145
Page 146
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00260/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 09/02/2024, supporting information, including the Environmental Appraisal for application 22/00782/PP (April 2022), 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 R170_3673_Fig1_1_RedlineBoundarySite_C C 12/02/24 Proposed A819 Site Access Design Location Plan LT29_CRDH_0804_0010 B 12/02/24 Location of septic tank, borehole water supply and SUDS R170_3673_Fig1_SepticTank_BHWS_SUDS_D D 12/02/24 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. The development shall proceed in accordance with the approved Finalised Construction Environmental Management Document (CEMD) for the site, as approved under application 22/00782/PP, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure protection of surrounding environmental interests and general amenity. 3. The development shall be implemented and proceed in accordance with the approved Construction Traffic Management Plan (CTMP) and Phased Delivery Plan, as approved under application 22/00782/PP. Page 146
Page 147
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 4. 5. 6. 7. 8. 9. Reason: To minimise interference with the safety and free flow of the traffic on the trunk road, to ensure the safety of pedestrians and cycle users using the trunk road and adjacent facilities and to be consistent with current guidance and best practice. The development shall be implemented in accordance with the duly approved details of the proposed archaeological works contained with the approved written scheme of investigation, with the suitably qualified person being afforded access at all reasonable times during ground disturbance works. Reason: In order to protect archaeological resources. Prior to the end of February 2025, further details of a continuing strategy for housing incoming construction workers shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall continue to be carried out in accordance with the further approved details submitted and approved. Reason: In order to ensure that any potential adverse impacts on the functioning of the local housing market and tourist accommodation to the detriment of the interests of the local community are identified and mitigated in accordance with the requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. The development shall not be brought into use or occupied until the required private water supply system has been installed in accordance with the agreed specification, as approved under application 22/00782/PP, and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. The development shall progress in accordance with the approved Construction Noise Management Plan (CNMP), as approved under application 22/00782/PP, with all approved mitigation measures to be in place prior to the commencement of development, or as otherwise agreed in writing by the Planning Authority. Reason: In the interest of safeguarding residential amenity. The development shall progress in accordance with the approved Peat Management Plan (PMP), as approved under application 22/00782/PP. Reason: In order to minimise disturbance of peat and ensure the appropriate reuse and management of peat. Prior to the energising of the development hereby approved, a detailed Compensatory Planting Plan (CPP) and Long Term Forestry Management Plan (LTFMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with Scottish Forestry. The approved CPP and LTFMP shall be implemented in full and in accordance with the approved timing, unless otherwise agreed in writing by the Planning Authority. Reason: To enable appropriate woodland removal to proceed, without incurring a net loss in woodland related public benefit, in accordance with the Scottish Government's policy on the Control of Woodland Removal. Page 147
Page 148
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 10. 11. 12. 13. 14. 15. 16. The development shall not become operational until the vehicle wheel cleansing facilities, as approved under application 22/00782/PP, have been installed and brought into operation on the site. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. Watercourse crossings hereby permitted shall be designed to at least the capacity of the existing channel, and to the 1 in 200 years plus climate change flow, and an allowance for freeboard, unless otherwise agreed in writing by the Planning Authority. This includes the replacement of the existing River Array watercourse crossing with a new oversized box culvert, or bottomless traditional style bridge to accommodate the 1 in 200 year flood event without constriction. Reason: To ensure that new watercourse crossings do not affect the existing flows in the interests of flood risk. The development shall not include for the provision of walls, fences or hedges within 2.0 metres of the carriageway of the public road, and any gates shall open inwards, away from the public road. Reason: In the interest of road safety. Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Operational Services Drawing No SD08/001a; and visibility splays of 160 metres x 2.4 metres 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 the visibility splays shall be maintained clear of all obstructions thereafter. Reason: In the interests of road safety. No external lighting shall be installed on the site other than with the prior written approval of the planning authority. In that event the location, type and luminance of the lighting units to be installed shall be specified, and any duly approved lighting shall be installed in a manner which minimises illumination and glare outwith the boundary of the application site. The site shall not be illuminated other than in the event of staff being present on site. Reason: In order to avoid unnecessary visual intrusion, in the interests of the visual amenity of an area otherwise unaffected by the presence of light sources. All vehicles transporting construction material to and from the proposed development shall be sheeted. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. Any blasting for the development hereby permitted shall not exceed vibration levels at the nearest Noise Sensitive Receptors (NSR) of the guideline limits presented in BS 7385-2: 19937 and BS 6472-2: 20088. Reason: In the interests of protecting amenity of neighbouring land use occupiers. Page 148
Page 149
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL ADDITIONAL NOTES TO APPLICANT • Guidance on the submission of a request for a NMA is available online. Guidance Note (argyll-bute.gov.uk) • Regard should be had to the advice to the applicant supplied by SEPA in their consultation responses, copies of which can be viewed on the planning pages of the Council's Website. Please note that in respect of condition 2 above SEPA advises that the finalised peat management and restoration proposals should adhere to their advice as included within their part 4 of their consultation comments. • Regulatory requirements for private water supplies should be discussed with the Council's Environmental Health Officers in the first instance. • 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. Page 149
Page 150
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 24/00260/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Introduction 1.1. The proposal the subject of this application is seeking to secure planning permission under Section 42 of the Town and Country Planning (Scotland) Act 1997 to delete a planning condition (Condition 11) attached to the original consent for an electrical substation, requiring that the finished floor levels of all the previously approved buildings on the site are elevated 0.3 metre above the surrounding ground levels. 1.2 The proposed development is located 2.5km south west of Cladich on the eastern slopes of Cruach na Gearrchoise within the River Aray catchment. The site is located within a large commercial conifer plantation which is in the process of being harvested. The surrounding land is a mix of regenerating moorland, conifers and a small number of large trees. The application site has been fully harvested and now comprises of a clear felled area of ground, with some mature trees retained along the western boundary. The site selection process for the substation was detailed in the Environmental Appraisal (Section 4.2: Site Selection) submitted with the original planning application, 22/00728/PP. This explained that the aim of the process was to identify a proposed site which is technically feasible and economically efficient, and which causes the least disturbance to the environment; and to those living in it, visiting it or using it for recreation. Of the eight sites originally considered, two were selected as preferred sites, with subsequent investigations identifying the presence of significant volumes of environmentally sensitive and technically challenging peatland at both preferred sites. This resulted in further survey work and micro-siting to determine the site with the least amount of peat disturbance, which in turn became the land occupied by the current application site. 1.3 The proposal itself comprises the creation of a substation platform of approximately 4.2ha to accommodate the Gas Insulated Switchgear (GIS) for the proposed substation. This would be created using cut and fill to create a level platform at 208m AOD, cutting some land within the site area down from 220m AOD. One side of the substation will comprise a 275kV double busbar Gas Insulated Switchgear (GIS), housed in the larger of two main buildings (approximately 22m x 14m x 20m) and will include connection of two 275kV overhead line bays. The other side will consist of a 132kV double busbar GIS, housed in the smaller of the two buildings (approximately 22m x 14m x 20m) and will include four 132kV overhead line bays and a possible grid transformer bay. Both sets of GIS will have two bays to connect to the centrally located super grid transformers which sit between the two buildings. The 275/132kV super grid transformers (SGT) will be rated at 480 MVA. The substation includes a single storey building to house the site services and control equipment. A private bore hole is proposed to provide a private water supply to the development with the requirement for toilet facilities, a shower and sink for the maintenance staff as the converter station will not be permanently manned. 2. Settlement Strategy 2.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning applications to be determined in accordance with the development plan unless material planning considerations indicate otherwise. The principle of development has been Page 150
Page 151
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL established under the original permission and consequently, it is not necessary to revisit whether or not it is compliant with the settlement strategy. This is an application to delete the requirements of the condition on an existing permission. In order to address the determining issues, the key considerations are therefore: 1. Compliance with the adopted Development Plan and other planning policy 2. Deletion of condition 11; and 3. Any other material considerations. 3. Compliance with the Development Plan 3.1 The Development Plan has changed since the determination of the original application. The Development Plan now comprises the adopted National Planning Framework 4 [NPF4], in addition to the adopted Argyll and Bute Council Local Development Plan 2, 2024 [LDP] and all statutory and supplementary guidance. Notwithstanding this, it should be noted that the original application report of handling also considered the application against the policies of the draft NPF4 document, which have effectively been replicated in the adopted NPF4, as set out below. As approval of this current application would grant a fresh planning permission for the proposals, it is necessary to address the relevant policy framework for the application where the framework differs from that of the previous LDP, in addition to addressing any relevant matters raised by the request to delete Condition 11 and amend other relevant conditions. 3.2 As the proposals involve an amendment to an existing live consent, there is no opportunity for the Planning Authority to revisit the principle of the development, or any facets of the original permission that do not form part of the proposed amendments. Therefore, in this instance, the assessment of the proposals relates solely to consideration of any impacts that may arise from the deletion of condition 11, which required all buildings to be constructed 300mm above the adjacent ground levels. The main matters for the Council’s consideration are, therefore, whether the development would continue to comply with the Development Plan based on the new suite of conditions. 4. National Planning Framework 4 4.1 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. As the proposal continues to seek permission for an electrical substation to facilitate the transmission of existing and future renewable energy projects within this part of Argyll and Bute, helping to tackle issues of climate change, it is considered that the amended proposals continue to accord with the relevant policies of NPF4. Of particular relevance is assessment against NPF4 Policy 22 – Flood Risk and Water Management, which seeks to reduce the vulnerability of existing and future development to flooding. In this respect, noting that the Council’s flooding consultee has no objection to the removal of the condition requiring finished floor levels 0.3 metre above the adjacent ground levels, and that the applicant would be seeking to construct all proposed buildings 0.15 metre above existing ground levels, the amended application is considered to comply with NPF4 Policy 22. 5. Argyll and Bute Local Development 2 5.1 The original application was assessed against the policies of the draft Argyll and Bute Local Development Plan 2, in addition to those of the adopted Argyll and Bute Local Page 151
Page 152
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Development Plan 2015. In terms of the minor changes to the previously approved scheme, consideration has been given to whether the proposals continue to comply with the provisions of the current adopted Local Development Plan. Following a detailed assessment of the application against the relevant policies of the adopted Argyll and Bute Local Development Plan 2, in particular Policy 55 – Flooding, which requires all development proposals to demonstrate that all risks of flooding are understood and addressed, and that the development would remain safe and operational during floods, and noting the relevant consultee responses advising no objections to the removal of condition 11, it is considered that the amended proposals are acceptable. 5.2 The detailed assessment of the application has fully considered impacts on international, national and local designations, impacts on carbon rich soils, deep peat and priority peatland habitat, economic benefits, contributions to renewable energy targets, effects on natural heritage and ecology, landscape and visual impacts, cumulative impacts, public access, the historic environment, tourism and recreation, road safety and traffic, hydrology, water environment and flood risk, and environmental protection. 6. Public Representation 6.1 No representations to the amended application have been received. 7. Conclusion 7.1 Permission is sought under Section 42 of the Planning Act to delete condition 11 of the original permission, 22/00782/PP, a condition requiring that the finished ground floor levels of all buildings on the site are elevated to 0.3 metre above surrounding ground levels. As stated above, the effect of granting a Section 42 application Permission is such that a new permission exists for the development with different or no conditions attached. Planning Authorities should attach to the new permission all of those conditions from the previous permission, where applicable, and amended/reworded as necessary. All relevant matters have been taken into account when appraising the application, including the likelihood of significant adverse effects likely to occur as a result of not requiring all buildings to incorporate raised finished floor levels of 0.3 metre. The Council is supportive of renewable energy projects in line with National Policy. The impact of a new electrical substation has been deemed acceptable in this location and the development is under way on site. There have been no objections raised in respect of this further application from third parties or statutory consultees. All relevant matters have been taken into account when appraising this application. 7.2 The proposed development remains exactly the same as that approved and currently under construction under the original Planning Permission ref. 22/00782/PP with no changes to the site layout, proposed buildings, infrastructure or access arrangements. Full details of the proposed development originally approved are contained in the Report of Handling for permission ref: 22/00782/PP. 7.3 On the basis of all of the above, the proposal is considered to be consistent with policies in both the National Planning Framework 4 (NPF4) and the Argyll and Bute Local Development Plan 2. Therefore, it is recommended that the application to delete condition 11 attached to planning permission 22/00782/PP is granted, which effectively renews that planning permission for a further three years. Page 152
Page 153
Page 153
Page 154
This page is intentionally left blank
Page 155
Classifcation: Official ARGYLL AND BUTE COUNCIL DEVELOPMENT AND ECONOMIC GROWTH ____________________________________________________________________________ MASTERPLAN REPORT 24/00604/MPLAN DUNOON & KILBRIDE HILL STRATEGIC MASTERPLAN ____________________________________________________________________________ (A) INTRODUCTION The Dunoon Project Limited is a registered community-based charity that has produced a strategic masterplan, in consultation with the local community and key stakeholders to guide the development of a new tourist and recreation attraction on Kilbride Hill, Dunoon (also to be known as ‘The Dunoon Project’). The Strategic Masterplan identifies a set of broad and overarching development principles to deliver the vision of creating: “The place for nature-based world class adventures, attracting visitors to our thriving community connected to an outstanding environment”. The long-term aim of The Dunoon Project is to guide the development of a sustainable, world-class outdoor activities hub on the surrounding hills and forests to re-establish Dunoon as one of Scotland’s premier tourism destinations. The objective is to increase tourism by attracting new visitors to the area and persuading those visitors who usually pass through Dunoon on their way to other destinations in Argyll and Bute (and beyond) to stay in the town. This will boost the local economy by increasing local tourism spend, supporting business development and job creation opportunities. To achieve these objectives, the indicative proposals for the Dunoon Project to be developed incrementally over a period of 20 years include: • A new ‘gondola’ style cable car from the site of the former Glenmorag Hotel to the summit of Kilbride Hill where a ‘Top Station’ will be located; • A ‘zip wire’ facility that will travel down the hill, passing alongside Bishops Glenn Reservoir where educational and community facilities will be located (alongside potential hydro-power); • Extensive new trail works comprising of c.40km of new designated mountain biking and walking routes and upgrades to pre-existing trails; • Potential new range of zero carbon accommodation including tent pitches and eco- camping pods / woodland cabins; • The potential for the use of hydro-power/ renewable energy to power the gondola system; and • Potential large-scale re-wilding including the protection and enhancement of existing peat land environments. The areas of Bishop’s Glen Reservoir and Kilbride Hill are currently used for recreational and leisure purposes, hosting a variety of local groups. In addition, Active Argyll note that Page 155 Agenda Item 8
Page 156
Classifcation: Official there are currently 14 mapped mountain bike trails on the hills totalling to c.8.7km of mountain bike specific trails. Of these, 12 are marked as 'Black or Expert Grade' and two are marked as 'Blue or Moderate' cycling trails. Two of the black-graded trails lie north of the site and are outwith the indicative strategic masterplan boundary. Land ownership and finance model In terms of ownership, the masterplan details that both land acquisition and land agreements will be required to deliver the project. The former Glenmorag Hotel site and the adjacent ‘Fairy Glen’ site have been acquired to deliver the Glenmorag Base Station and some of the proposed new accommodation and site parking. The Dunoon Project Limited is in negotiation with local land owners to agree options to enable the project to gain access to further required land parcels on Kilbride Hill. The largest landowner within the area is Forestry Land Scotland (FLS), who support the proposals in principle and are exploring options for the long-term lease of the Corlarach Forest for The Dunoon Project. This would provide the major parcel needed for to deliver the route of the gondola and potential new trails within the area, in addition to providing the land to separate existing commercial forestry operations from recreational use. The ambitious nature and scale of the project means that not all the required funding (estimated at c.£50m) has yet been secured and significant future investment from public and commercial partners will be required to enable delivery, most likely in a phased approach. The project has been financed in its initial stages by grants from Highlands and Islands Enterprise and the UK Government Community Renewal Fund and Community Led Local Development Funds (administered by Argyll and Bute Council). In the long-term, the project intends to create a financial vehicle to manage ongoing investment and community profit sharing (which will occur via a grant system to be managed and distributed locally on an annual basis by the Dunoon Project Limited). The Dunoon project also intends to use social impact and sustainability targets which extend beyond the financial measures of success, which is supported in line with the community wealth policy of NPF4. Community and stakeholder engagement The Dunoon Project Ltd has undertaken several phases of community engagement since 2017 when the initial ‘charette’ was held to discuss the potential for the project. Further events have included: • Four stakeholder workshops on 9th, 10th March 2022 • Two public open days at Queens Hall on 14th and 15th September 2022 with over 500 visitors, where questionnaires were made available for deposit 2 weeks after the event and 263 completed questionnaires were received. The proposals have been developed in response to the comments received from local community and key stakeholders. These comments suggested: the creation of a new hub at Glenmorag; variation in accommodation offer; extending and connecting the town; creating an extensive trail network and creating a planet positive development with an educational element. Further consultation would be undertaken at the detailed design stage for each of the key sites as part of the planning process. There is potential for future planning applications to be major applications (as defined by the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009), if this is the case, Pre-Application Consultation (PAC) and Proposal of Application Notice (PAN) reports will also be required. Page 156
Page 157
Classifcation: Official Form of the masterplan The Scottish Government defines Masterplans as: ‘a plan that describes and maps an overall development concept, including present and future land use, urban design and landscaping, built form, infrastructure, circulation and service provision. It is based upon an understanding of place and it is intended to provide a structured approach to creating a clear and consistent framework for development’ (PAN 83). The Scottish Government endorses the use of Masterplanning in general, but considers that it is especially useful for large sites and in areas/sites which are going to undergo substantial change, have multiple uses, or are sensitive in environmental or landscape terms. Given the spatial and temporal scales of the proposed project and the woodland and hillside location, which although not statutorily protected, is more environmentally sensitive than an urban location, a masterplan approach is welcome. Argyll and Bute Council Technical Note 01: Masterplanning (TN01, June 2016) requires masterplans within identified Strategic Masterplan Areas in the Local Development Plan to enable co-ordinated delivery of large scale, multi-phased and strategically important developments. Although this site is not identified in Local Development Plan 2, it has potential to support the Dunoon Regeneration and Area for Action (A1004). It is also a ‘large scale proposal’ with mixed use proposals and complex issues and a masterplan approach is therefore appropriate to demonstrate how the proposed development will relate to the wider area and how the project would be phased. The TN01 sets out that a masterplan approach is necessary for “Proposals outwith an allocation or PDA which propose a phased approach or involve complex issues and which may impact on the identified issues highlighted in the SMA schedule or Action Programme”. The submitted Dunoon and Kilbride Hill Strategic Masterplan comprises a series of illustrative plans and accompanying written text describing how the project will develop. It demonstrates a clear understanding of place and it is intended to provide a structured approach to creating a clear and consistent framework for future development in this location based on a set of key principles: • Landscape and Marine Gateways: Establish 6 identified marine or landscape gateways to the site which link into public transport networks. The core Marine Gateways are: Dunoon Pier, The Glenmorag Hotel and the Western Ferries Terminal. These are all connected by the coastal link of the A815. The key landscape gateways include fire road network accesses as follows: to the South at Bullwood Road, centrally at the entrance to the Glenmorag Reservoir and to the North, a path at Alexander Street (this gateway provides the most direct relationship to Dunoon town centre). • Safety Separation and Integration: New development must mitigate the identified potential 'collision points' (p.63) between users through safety mechanisms such as early warning systems, trail design, clear signage and information strategy across the site, which displays relevant safety information, trail grading information and reinforces good etiquette for all users. Clear sign posting also facilitates way finding. Page 157
Page 158
Classifcation: Official • Landmarks and Nodes: Glenmorag Base Station and Kilbride Hill Top Station should be viewed as landscape nodes and new hubs/multifunction mixed-used areas with accessible public realm providing core facilities essential for outdoor activities. Any development should be architecturally significant, recognisable and of high design quality. • Access for All: The Gondola style uplift facilitates equal access for all to Kilbride Hill. Future trail designs will incorporate accessibility measures such as enhanced trail widths and safe, well located rest stops. • Opportunities for Accommodation: Incorporated within the masterplan to support the project and meet an identified need for variation in the local accommodation offer for camping, caravan hook-up and luxury eco-camping pods. • Biodiversity Enhancements: The majority of Kilbride Hill is used for commercial forestry purposes with regular felling of large areas. However, there is significant potential for c.9.7ha peatland renewal in addition to rewilding of a c.8.2ha felled site which is closely linked to existing and potential trail locations. Key Sites The Strategic Masterplan identifies three key sites, providing indicative designs for these to demonstrate potential options for the quantum of development, the zoning and circulation and development blocks and built form. The intention is that these form an illustrative base on which more detailed proposals can be developed in the future as funding is secured and land agreements finalised. These designs feature four phased ‘options’ for each site which will allow the proposals to grow and develop incrementally, with planning applications likely to be required as each site moves through temporary to permanent future development proposals: • Glenmorag Base Station - with core facilities (ticket office, tourist information, showers changing and wash stations) as well potential commercial, cafe, retail and mixed-use space. The base station will also contain the final finishing point for the zipline and a ‘pump track’ and feature an activated ‘plaza’ and links to existing features in West Bay (e.g. ABC car park and West Bay Play Area). • Bishops Glen Reservoir – zip line, hydro power station, WC and changing facilities education centre and nature watching structures. • Kilbride Top Station – zipline, gondola top station (including potential for café and viewing platform, WC/changing facilities, workshop for bike repair) biodiversity enhancements. Other components of the masterplan include: • Public Transport Strategy • Public Realm Strategy • Wayfinding Strategy and Public Art • Trail Structure The Dunoon and Kilbride Hill Strategic Masterplan has been prepared to support the progress of The Dunoon Project, which will require significant future financial investment to enable delivery. The Strategic Masterplan provides an appropriate framework for Page 158
Page 159
Classifcation: Official delivery of development in a flexible, phased format which the Council can consider and endorse as a further material consideration in the determination of future planning applications for the site. As future planning applications come forward, further detailed site-wide supporting information will be required in relation to transport and parking, flood risk and drainage, biodiversity, servicing (including utilities and waste management) and community benefit as highlighted in Section F of this report. __________________________________________________________________________ (B) RECOMMENDATION It is considered that the components of the proposed Strategic Masterplan including the vision, principles and indicative site designs are appropriate for the sustainable development of the site area. The indicative site designs provide a framework to guide more detailed future planning applications. It is recommended that the strategic masterplan be endorsed and shall form a material consideration in the determination of future planning applications. Given the outline nature, the strategic masterplan should be updated as developments are approved at the site in conformity with the masterplan which prove to have implications for the delivery of development within the remainder of the site. ____________________________________________________________________________ (C) CONSULTATIONS Area Roads Authority While the Area Roads team is generally supportive of the proposal, further detail is required on the locations that are to connect to the adopted road network and in particular, the main centre at the West Bay on the former Glenmorag Hotel site. This would include, but not be limited to, carriageway junction layout, footway access details, sightlines, drainage proposals, off-street parking capacities and public utility connections to existing or for new i.e. electricity, gas, phone, water and sewage. Before any planning application is submitted, a transport management plan should be undertaken which details how the site will be accessed by all transport modes and how parking will be managed in and around the site. Detailed information should be provided on the proposals in the ‘temporary’ phases of the masterplan delivery to utilise vehicular uplift to the summit of Kilbride Hill, particularly where this will require upgrades to existing single-lane roads and forestry tracks. This assessment should include the ‘worst case’ or ‘maximum’ impact scenario as a result of the proposals. Flood risk and drainage Elevations at the site range between approx. 500m AOD at Bishop’s Hill in the west and 5m AOD at the A815 road in the east. A number of small water courses flow through the site, including Balgaidh Burn, Badd Burn and Morag’s Fairy Glen. The site is partially overlain by the indicative limits of fluvial flooding, as per the SEPA Future Flooding Maps, with extents overlying the channels of the Balgaidh Burn watercourse and the Bishops Glenn reservoir. The proposed building station for one of the zip wires is located within this fluvial flood extent. It is recommended that this be relocated so that it is outside of the flood extent, ideally at least 12m from the Balgaidh Burn. All other watercourses within the Page 159
Page 160
Classifcation: Official site have catchment areas of less than 3km and are not accounted for in the SEPA Fluvial Maps. The indicative limits of surface water flooding overlay with the lower-laying channels of the Badd Burn, Berry Burn and Fairy Glen, as well as at a number of small areas around the site. It is noted that the proposed ground for the proposed campsite and buildings for gondola infrastructure are not overlain by the surface water flood extents which is welcome. The proposed mountain bike trails cross over the watercourses in a number of places. These should be designed in a way so as not to reduce the existing capacity of the channel, and if possible be designed to convey the 200 year plus climate change flow. No drainage design plans have been provided. The creation of mountain bike trails could increase the surface water run-off from the hillside. Therefore, it is recommended that drainage water is designed in line with CIRIA C753. At the campsite, surface water drainage should be designed such that post-development surface water runoff does not exceed the pre-development surface water. Email response dated Friday 7th June 2024. Public Protection Environmental Health have advised that they can provide advice relating to licensing, food hygiene and health and safety. They have not raised any objections regarding any of the specified developments. Standard planning conditions are likely to be required to ensure the quantity and quality of private water supplies serving the developments at the planning application stage. Email responses dated 8th July 2024. Core Paths Team Supportive of the strategic masterplan as the proposals could be a great asset for the area. Provide clarification that other than on designated Downhill Mountain Bike Routes, the Land Reform Scotland Act 2003 provides the public with a legal right of responsible, non-motorised access to most land, including the existing forestry roads and paths within the proposed masterplan area. In addition, there are a number of Core Paths within the proposed masterplan area including: C210(b) Dunoon to Bishop’s Glen loop, C229(a) Berry Burn to Bishop’s Glen, C228(a) Corlarach loop trail to Bishop’s Glen and C306(c) (b) Morag’s Fairy Glen. The proposed base station would also be within joining distance of the C207 Sandbank to Toward path. The proposals should protect and where possible, enhance these routes and work to improve wider connections through additional link implementation, signage and path improvements. The Core Paths team will be happy to provide more detailed feedback on the site-specific planning applications. Email response dated 3rd July 2024. ABC Estates and Land The Council’s Estates team supports this ambitious project for the boost it would provide to the Dunoon area. However, it is noted that there are Council land holdings within the proposed masterplan area and the process of acquisition or leasing, granting rights or oversailing requires early engagement with the estates team. The Council’s assets can also be subject to existing tenancies, agreements or wayleaves and for complex projects such as this we would suggest allowing a minimum of 12 months for any new proposals to be considered, approved and formalised. Email response dated 29th August 2024. Page 160
Page 161
Classifcation: Official Officer note: The endorsement of this masterplan is without prejudice to any land acquisition or leasing arrangements which would proceed separately and independently of the planning process. West of Scotland Archaeology Service The proposals would appear to raise only minor archaeological issues depending on the scale of developments that are ultimately proposed. There are a few recorded sites within the area to be avoided and a ground survey would be required at an initial stage to determine whether unrecorded remains are present. Larger areas of proposed ground disturbance would require intrusive evaluation in advance of any development. Planning conditions could be used to deal with these matters when the planning applications come forward for the individual sites. Email response dated 7th June 2024. SEPA No objection and provide further detail for scoping of individual issues such as peat and peatland impacts, Outline Peat Management Plan, water environment, flood risk, Groundwater Dependent Terrestrial Ecosystems, Forest removal and forest waste, Pollution prevention and environmental management. Emailed letter dated 23rd May 2024. NatureScot Do not offer formal comment as the Proposal falls below threshold as it is not located within the range of national or international designations. Instead offers advice on wider countryside issues relating to ornithology, other protected species, peatland and biodiversity enhancements. Emailed letter dated 11th July 2024. RSPB Support the dynamic and inspiring masterplan but disappointed that it lacks focus on nature-based outcomes to enhance well-being. Most of the site is currently managed for commercial forestry and there are many opportunities to improve habitats for biodiversity such as the creation/restoration of peatland, open ground and native woodland, scrubland within and beyond the site. There is potential for this site to impact on golden eagles and the masterplan should employ a suitable consultant and engage with the Argyll Raptor Study Group and NatureScot to ensure the proposals do not impact on these protected species. The masterplan should also incorporate proposals for the biodiversity enhancement in line with NPF4 Policy 3 and there are opportunities for Native Atlantic rainforest restoration within the area, requiring rhododendron removal. Emailed letter dated 12th July 2024. Scottish Forestry No objection but require ongoing engagement as proposals are developed due to the impact on the woodland asset. Scottish Government policy (NPF4 Policy 6) only supports woodland removal where it would achieve significant and clearly defined additional public benefits and where this is accepted; a package of compensatory planting may form part of this balance. The removal of large areas of woodland will not be supported and forest design guides will need to be considered for any parts of the proposals which will pass through existing forestry. There is an overlap in consenting processes for development within a forest. Ongoing consultation and discussion should ensure a clear consenting route for any proposals. Page 161
Page 162
Classifcation: Official The appropriate consenting route for the management felling required to accommodate construction of the Development would be managed through the planning system. However, there may be knock on effects in design planning resulting from the development in the wider forest area and any felling and restocking, not directly required for the development should follow the usual consenting routes under the Forestry and Land Management (Scotland) Act 2018. Emailed letter dated 22nd August 2024. South Cowal Community Council (4.7.2024) South Cowal Community Council fully supports this application and feel that the project should be a tremendous boost for the local economy. Dunoon Community Council No response received. ____________________________________________________________________________ (D) PUBLICITY The masterplan has been advertised in the Dunoon Observer – publication date 24st May 2024, expiry date 21stJune 2024. One letter of support has been received. (E) REPRESENTATIONS One expression of support has been received from Alan Stewart, 4th July 2024 which is summarised as follows: South Cowal Community Council fully supports this application and feel that the project should be a tremendous boost for the local economy. Comment: Noted. Full details of this representation can be view on the Council’s website www.argyll- bute.gov.uk _________________________________________________________________________ (F) ASSESSMENT 1. List of all Development Plan Policy considerations taken into account in assessment of the masterplan PAN 83 - Masterplanning National Planning Framework 4 (NPF4) (Adopted 13th February 2023) NPF4 Policy 1 – Tackling the climate and nature crises NPF4 Policy 2 – Climate mitigation and adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural places NPF4 Policy 9 – Brownfield, vacant and derelict land and empty buildings NPF4 Policy 11 – Energy Page 162
Page 163
Classifcation: Official NPF4 Policy 14 Design, quality and space NPF4 Policy 13 – Sustainable transport NPF4 Policy 20 – Blue and green infrastructure NPF4 Policy 22 – Flood risk and water management NPF4 Policy 25 – Community wealth building NPF4 Policy 26 – Business and industry NPF4 Policy 29 – Rural development NPF4 Policy 30 – Tourism Argyll and Bute Local Development Plan 2 (LDP2) (adopted 28th Feb 2024) LDP2 Policy 02 – Outwith Settlement Areas LDP2 Policy 04 – Sustainable Development LDP2 Policy 05 – Design and Placemaking LDP2 Policy 06 – Green and Blue Infrastructure LDP2 Policy 08 – Sustainable Siting LDP2 Policy 09 – Sustainable Design LDP2 Policy 10 – Design: All Development LDP2 Policy 14 – Bad Neighbour Development LDP2 Policy 21 – Sites of Archaeological Importance LDP2 Policy 22 – Economic Development LDP2 Policy 23 – Tourism Development, Accommodation, Infrastructure and Facilities LDP2 Policy 32 – Active Travel LDP2 Policy 34 – Electric Vehicle Charging LDP2 Policy 35 – Design of New and Existing, Public Roads and Private Access LDP2 Policy 37 – Development Utilising an Existing Private Access or Private Road LDP2 Policy 38 – Construction Standards for Public Roads LDP2 Policy 39 – Construction Standards for Private Access LDP2 Policy 40 – Vehicle Parking Provision LDP2 Policy 41 – Off Site Highway Improvements LDP2 Policy 55 – Flooding LDP2 Policy 59 – Water Quality and the Environment LDP2 Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems LDP2 Policy 61 – Sustainable Drainage Systems (Suds) LDP2 Policy 62 – Drainage Impact Assessments LDP2 Policy 63 – Waste Related Development and Waste Management LDP2 Policy 73 – Development Impact on Habitats, Species and Biodiversity Land Use Designations in LDP2: • Zoned as Settlement and Countryside Area • Within Dunoon Regeneration Area (Diagram 1) • Area for Action 1004 Dunoon – Town Centre/Waterfront/West Bay • Strategic Economic Investment Location (Diagram 5: Economy) • Dunoon Tourism Development Opportunity (Diagram 6: Tourism) Other Relevant Policy Considerations: • ABC Technical Note 01 – Masterplanning (2016) • ABC Technical Note – Biodiversity (Feb 2017) • ABC Technical Note 06 Sustainability Technical Notes and Checklist • ABC Technical Note 07 Sustainable Buildings Checklist • Argyll & Bute Council Economic Strategy Refresh (2024-2034) Page 163
Page 164
Classifcation: Official 2. Settlement Strategy The proposed masterplan site lies partly within the Dunoon Settlement Area (where the Glenmorag Base Station is proposed) with the remainder of the masterplan area and strategic sites (including Bishop’s Glenn Reservoir and Kilbride Hill Top Station) located within the Countryside Area as defined in LDP2. The proposed development of the Base Station within the Settlement Area on the site and grounds of the now demolished Glenmorag Hotel, would broadly comply with LDP2 Policy 01 – Settlement Areas, which makes provision for redevelopment of brownfield sites which are compatible with surrounding uses; provides access, service areas, infrastructure for existing, proposed or potential future development; is of an appropriate scale and fit for the size of settlement in which it is proposed; and, respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and access arrangements. The principle of development for eco-tourism and leisure uses on the Bishops Glen and Kilbride Hill Top Station key sites is likely to be acceptable in a countryside location provided any future planning application effectively demonstrates that it is “sustainable development… of an appropriate scale, design, siting and use for its countryside location” in accordance with LDP2 Policy 02 Part A (parts B and C are not applicable). As the strategic masterplan is outline in nature and the proposals for the key sites provide only indicative siting and floorplans, further detail will be required on all proposed aspects of development as the key sites come forward to allow assessment against LDP2 Policy 02. LDP2 also requires all new development proposals to be assessed against Policy 04 - Sustainable Development policy which states that developer should demonstrate compliance with the following principles: a) Maximise the opportunity for local community benefit, including the creation of district (renewable) heat networks, where viable; b) Make efficient use of vacant and/or derelict land including appropriate buildings; c) Support existing communities and maximise the use of existing infrastructure and services; d) Maximise the opportunities for sustainable forms of design including minimising waste, reducing our carbon footprint, increasing energy efficiency, solar panels, ground, water and air source heat pumps and other forms of renewable energy generation; e) Avoid the use of locally important good quality agricultural land; f) Utilise public transport corridors and active travel networks; g) Avoid the loss of important recreational and amenity open space; h) Conserve and enhance the natural and built environment and avoid significant adverse impacts on biodiversity, natural and heritage assets; i) Respect the landscape character of an area and the setting and character of settlements; j) Avoid places with significant risk of flooding, tidal inundation, coastal erosion or ground instability; and k) Avoid having significant adverse impacts on land, air and water environment. Any future applications that come forward within the Strategic Masterplan area will be required to complete the sustainability checklists in the technical notes which accompany the plan (See LDP2 TN06 Technical Note: Sustainability Checklist and LDP2 TN07 Sustainable Buildings). Page 164
Page 165
Classifcation: Official 3. Location, Nature and Design of Proposed Development Dunoon is the largest settlement on the Cowal Peninsula adjoined by Sandbank and Kirn to the north. To the south, lie the smaller linear settlements of Innellan and Toward. All settlements on the Cowal Peninsula are connected by the coastal road A815. Dunoon fronts onto the Clyde Estuary and has both passenger (Calmac) and vehicular ferries (Western Ferries) services to Gourock and Greenock. There are a number of walking routes and informal mountain biking trails that are currently being improved by Active Argyll on the Kilbride Hill and around Bishop’s Glenn Reservoir. These lie to the north of the proposed Glenmorag Base Station and within the wider strategic masterplan area. Kilbride Hill and Bishop’s seat are the tallest points on the Cowal Peninsula and are within walking distance of Dunoon. There are areas of commercial forestry including Bishop’s Glen Forest and Corlarach Forest (managed by Forestry Land Scotland on behalf of Scottish Ministers) within the northern area of the Strategic Masterplan and a number of existing forestry tracks and fire access routes through the forested area on the hill are proposed to be included within the network of trails. Adjacent to the proposed Glenmorag Base Station there is an Argyll and Bute Council car park (including the only long stay HGV and coach parking for the town), opposite the West Bay waterside playspace. Further discussions will be required at the detailed application stage to ensure the ongoing functionality of these spaces and integration with the proposed development. Dunoon is designated in LDP2 as a Regeneration Area, Strategic Investment Area, Tourism Development Opportunity and LDP2 Area for Action 1004 recognises the need for community and tourism-based activity around the Dunoon Town centre/Waterfront/West Bay area. The ambition to develop a world class tourism facility at the southern end of Dunoon is supported in line with the economic regeneration objectives of Argyll and Bute LDP2 and the adopted Argyll and Bute Economic Strategy (2024) which notes the importance of tourism as a key growth sector for the area. The proposals for a ‘planet positive’ resort which include a hydro-electricity generation plant are particularly welcome in line with NPF4 Policy 1 ‘Tackling the climate and nature crises’ and NPF4 Policy 2 ‘Climate mitigation and adaptation’. Indicative Site Designs/Phasing ‘Options’ The Strategic Masterplan identifies three key sites and provides indicative design ‘options’ to form an illustrative base on which more detailed future proposals can be developed. Each indicative site masterplan features 4 flexible phased options (not timescale-specific) including outline building and infrastructure footprints which will allow the proposals to grow and develop incrementally from temporary to permanent structures as the resort develops. • Glenmorag Base Station: Option 1 includes temporary, moveable structures with a temporary ‘pump track’ and an initial vehicular uplift to Kilbride Hill towards more permanent, land mark structures (including the landing structures for the zipline and gondola uplift) and public realm to create an activated pedestrianised streetscape in Options 2 and 3. By Option 4, accommodation has been added and Page 165
Page 166
Classifcation: Official the potential for wider integration of the site with adjacent land has been incorporated. • Bishops Glen Reservoir: Option 1 explores how vehicle uplift would function in the absence of the Gondola uplift and zipline, with temporary structures provided on the southern edge for outdoor learning. Option 2 explores the integration of a building to provide hydro power for the gondola with incorporated education space and potential for lookouts/hide structures on the south bank of the reservoir and other changing facilities/wc and community use structures. Option 3 adds the zipline and gondola infrastructure and Option 4 incorporates eco-accommodation around the reservoir. • Kilbride Top Station: Option 1 would focus on laying the base trail works to the hill, including upgrades to existing trails and small-scale installation of signage/information boards and temporary seating and shelters. Option 2 would integrate permanent small-scale buildings with core facilities (WC, bike repair and café) which would meet the temporary vehicular drop from the fire road. Option 3 would entail the installation of an ambitious major building at the ‘Top Station’ and associated infrastructure for the gondola and zipwire. Option 4 seeks to introduce additional biodiversity measures. • New trail network of c.40km to offer a wider range of trails and routes, catering for all abilities to ensure an inclusive experience. Trails would include walking, running and mountain biking routes. Safety issues and management of conflicts with commercial forestry operations will need to be carefully considered through a appropriate Recreational and Forestry Management Plans. Given the indicative nature of the proposals, a number of further detailed supporting studies will be required to support future planning applications. It will be necessary to undertake landscape impact evaluations of the proposals for Bishop’s Glen Reservoir and Kilbride Top Station as these come forward to fully assess the landscape impacts, however, it is noted that the proposal does not lie within a designated landscape area. It is considered that the wider economic growth and regeneration aims may constitute an appropriate ‘exceptional case’ argument for any localised landscape impacts, provided the proposals are of an exceptional design quality. It is also noted that all biodiversity enhancements should be front-loaded into any future planning applications which should be accompanied by detailed Biodiversity Mitigation and Enhancement Strategy. Materials The Strategic Masterplan sets out an indicative building materials palette of timber cladding, stone and masonry, metal cladding, gravel and compact aggregates, stone tiles, timber walkways and platforms and green and living walls all of which would be appropriate in the proposed setting. In terms of architectural strategy, the detailed design of all proposed buildings and structures will be tailored to the specific location in compliance with the design policies in LDP2 however, the principles of Life Cycle Assessments, quality landmark buildings and a modern vernacular style are all welcome. Developments for each of the indicative site designs will require the submission and proper assessment of planning applications with adequate supporting material. Page 166
Page 167
Classifcation: Official However, it is recommended that this Strategic Masterplan be endorsed and given material weighting to be used in the assessment of such planning applications. 4. Economic Development, Tourism and Community Benefit. Paragraph 5.10 of Argyll and Bute LDP2 notes the important contribution made by tourism to the local economy and that the future sustainable growth of tourism has the potential to support local services and facilities, transport infrastructure, as well as cultural and heritage events and facilities. Sustainable growth in the visitor economy is one of the key planks of the National Tourism Strategy and the National Tourism Framework, the aim of which is to support the increased sustainable growth in the visitor economy at national and local level. LDP2 Policy 23 – Tourist Development, Accommodation, Infrastructure and Facilities establishes that there is a presumption in favour of new or improved tourist facilities and accommodation where: • The development is in a form scale and location which is consistent with its surroundings; and • The proposals respect and integrate well with the landscape/townscape character and amenity of the surrounding area; and • They are located in accessible locations, taking into account the scale and nature of the proposed development, and include proposals to widen the options for sustainable travel to access them (including public transport, cycling or on foot); and • They are well related to the existing built form of settlement areas or the existing development pattern outwith the settlement areas and avoid dispersed pattern of development unless the developer has demonstrated a locational requirement based upon the need to be near to the specific tourist interest being exploited and that the proposed development will not undermine these interests. The masterplan area is not designated for tourism uses, however, LDP2 sets out clear recognition of the role played by windfall development to support the economy of our rural and island areas. This is due in part to the nature of many industries in Argyll and Bute, which are closely related to a natural or localised resource e.g. aquaculture, renewables, distilleries, tourism and in part due to the nature of our remote rural area (para 5.3). It is noted in LDP2 that a flexible approach to Regeneration Areas is required and this proposal would clearly support the Dunoon Tourism Development Opportunity and Area for Action 1004 which references West Bay – the site of the Glenmorag Base Station. LDP2 Policy 25 – Tourism Development Opportunities and LDP2 identifies Dunoon in Diagram 6 as having significant potential for the sustainable growth of the Argyll and Bute tourism industry. The policy notes that priority will be given to those developments which make use of previously developed sites, locations which are accessible by a variety of means of transport, where there is existing infrastructure capacity, and /or where a proposal will fill a recognised gap in the identified tourism network. It is considered that the proposed masterplan would meet these policy requirements. Furthermore, LD2 Policy 26 – Informal Public Outdoor Recreation and Leisure Related Development supports Development which provides for enhanced informal public outdoor recreation and leisure facilities and attractions or provides improved opportunities for outdoor access. Particularly, where an identifiable shortfall is addressed or a positive contribution to the tourism network and visitor experience can Page 167
Page 168
Classifcation: Official be made. The Strategic Masterplan with its proposed improvements to wider walking and cycling routes throughout and beyond the master plan sites would comply with the spirit of LDP2 Policy 26. However, given the outline nature of the masterplan, further detailed information will be required at the planning application stage to ensure that the proposal can be satisfactorily integrated into the landscape with no adverse landscape, environmental, access, or servicing impacts. NPF4 Policy 25 – ‘Community Wealth building’ supports development proposals linked to community ownership and management of land. Future planning applications should be supported by a Community Wealth Building Strategy, which clearly establishes the role of the local community in the development and ongoing management of the proposals, as well as any ‘profit sharing’ mechanisms. 5. Biodiversity and woodland removal Given the strategic nature of the overarching masterplan and the indicative nature of the proposals for the three identified ‘strategic sites’, the comments provided by statutory consultees will need to be considered in detail and addressed in any future iterations of the masterplan/site specific briefs and should be fully addressed in any future planning applications to progress the masterplan proposals. In particular, the strategic masterplan makes reference to ‘biodiversity improvements’ and identifies 9.7ha area of peatland on Kilbride Hill as a potential peatland restoration project in addition to 8/2 ha of felled area to the south of the site which could offer a large-scale biodiversity enhancement including native species planting. NatureScot note that the Proposal lies within the temperate rainforest/’oceanic zone’ and as such habitat creation favouring rainforest biodiversity such as lichens and bryophytes could be beneficial (e.g. ravine/riparian woodland expansion). These proposals are supported in principle and should be further developed to strengthen the biodiversity offering of the overall project in line with the requirements of NPF4 Policy 3 and LDP2 Policy 76. In preparing future planning applications, the applicants should ensure that the proposals comply with LDP2 Policies 77 and 78 relating to the loss of woodland by demonstrating that any necessary felling to create trails or other areas will be mitigated in line with the sequential approach. In addition, advice provided by Scottish Forestry on consenting procedures should be taken into account. NatureScot and RSPB have indicated the presence (or potential presence) of a legally protected species, and this would be an important consideration in decisions on future planning applications. If there is evidence to suggest that a protected species is present on site or may be affected by a proposed development, appropriate steps must be taken to identify, assess and, where appropriate, mitigate the development impact upon such concerns. The level of protection afforded by legislation must be factored into the planning and design of the development and any impacts must be fully considered prior to the determination of any planning applications. The detailed advice provided by NatureScot, SEPA and RSPB should therefore be considered and all appropriate further surveys and assessments provided to support any future planning applications including: • Peat surveys Page 168
Page 169
Classifcation: Official • Ornithology surveys i.e. Schedule 1A/A1 species (golden eagle, hen harrier) and the potential for cumulative impacts from proposed developments in the wider landscape. • Biodiversity mitigation and enhancement proposals. While the principles of the masterplan are supported, further information on biodiversity impacts will be required to progress the masterplan to the detailed design stage. Further detailed discussions on scheme design are recommended with NatureScot, SEPA and RSPB prior to the submission of any detailed planning permission to ensure the masterplan delivers the maximum biodiversity enhancements in line with National Planning Policy. As a general point, future planning applications associated with the Strategic Masterplan should demonstrate the earliest consideration and delivery of biodiversity enhancements. 6. Flooding, drainage and risk assessments A number of small water courses flow through the site, including Balgaidh Burn, Badd Burn and Morag’s Fairy Glen. The site is partially overlain by fluvial flooding, as per the SEPA Future Flooding Maps, with extents overlying the channels of the Balgaidh Burn watercourse and the Bishops Glenn reservoir. The proposed building station for one of the zip wires is located within this fluvial flood extent. It is recommended that this be relocated ideally at least 12m from the Balgaidh Burn. All other watercourses within the site have catchment areas of less than 3km and are not accounted for in the SEPA Fluvial Maps. The indicative limits of surface water flooding overlay with the lower-laying channels of the Badd Burn, Berry Burn and Fairy Glen, as well as at a number of small areas around the site. The construction of additional trail systems and any further development should control and mitigate surface water run-off from the hill and it will be important to ensure that where trails cross water courses, these are not narrowed. A detailed drainage and flood risk strategy is needed in line with LDP2 Policy 62 – Drainage Impact Assessment to ensure any additional surface water does not create further loading on the reservoir or the area of potential adverse flood risk found at Blagdaigh Burn. Given the outline nature of the Strategic Masterplan, little detail is provided on water supply or waste waster servicing. LDP2 Policy 60 - Private Sewage Treatment Plants and Wastewater Drainage Systems specifies the requirement for development to connect to public sewers unless a connection is not feasible. Any future proposals will be regulated under the building standards to ensure that they are capable of being provided to a safe, effective and appropriate technical standard. SEPA are responsible for authorising and regulating discharges to watercourses and they will assess and control pollution, including any possible cumulative impact. At this stage there is no indication that any of the proposal will have a significant adverse impact on the environment with regards flood risk or drainage. Consideration should also be given to peat landslide risk within the masterplan area in line with LDP2 Policy 51. The proposals within the Strategic Masterplan are not considered to raise material issues with regard to LDP2 - Policy 55 ‘Flood Rish’ as well as NPF4 – Policy 22 ‘Flood risk and water management’. These matters can be adequately addressed at the detailed application stage. Page 169
Page 170
Classifcation: Official 7. Road Network, Parking and Associated Transport Matters The core network of fire roads and trails within the area of Kilbride Hill is relatively well established. The fire road network has 3 key access points, 1 from Kilbride or Crochan Road, via Bishop’s Glen Reservoir, which is the most direct access within the site. There is also an access point to the North of the site, via the A885 near Ferry Road and the South from Bullwood Road passing Ardhallow Battery. There is also a large area of woodland currently under commercial forestry operations, which is accessed via the fire road network. Access to the site for vehicles is limited by Kilbride Road, and internally within the Glenmorag site by a short steep single-track access. This may require improvements or upgrades to accommodate vehicle traffic. The existing Argyll and Bute Council Glenmorag Car Park accessed off Kilbride Road has the potential to serve or be linked to the project – although this site is currently the only long stay coach and HGV parking facility in the town and this function will need to be protected. Proposals for accessing the site should take consideration of LDP2 Policy 35 – Design of New and Existing, Public Roads and Private Access, LDP2 Policy 37 – Development Utilising an Existing Private Access or Private Road, LDP2 Policy 38 – Construction Standards for Public Roads and LDP2 Policy 39 – Construction Standards for Private Access. Dunoon has a well-established road network, but additional private motor vehicle movements due to increased visitors to The Dunoon Project may be challenging to accommodate. Any early stages of the project reliant on vehicular uplift to Kilbride Hill will require impact assessments (particularly where neighbouring properties may be impacted). Parking management will be an important consideration – both on and off site and any future proposals should consider the requirements of LDP2 Policy 40 – Vehicle Parking Provision and LDP2 Policy 41 – Off Site Highway Improvements. However, the project aspires to deliver active travel and the draft public transportation strategy encourages users to cycle / walk directly from the ferry to the project, or use local bus services to gain access to destinations. All future proposals should incorporate active travel measures in line with LDP2 Policy 32. The area roads engineer has been consulted and initial comments have been provided. They have advised that the situation will be continually reviewed as each of the phases/planning applications are brought forward with regard to the capacity of the exiting road network and available parking spaces within Dunoon. A Traffic Management Plan and Waste Management/Servicing Plan will also be required to support any future planning applications. 8. Bad Neighbour Development Some of the proposals, such as the campsite and gondola have the potential to cause odour or noise nuisance. Public Safety can offer the applicants advice on this as well as licencing, food hygiene and health and safety matters. The principle of a tourism facility is considered to be acceptable and there is no indication that this stage that such a use would be incompatible with the surrounding area, provided careful consideration is given to managing potential conflicts at the detailed design stage. Planning applications would be subject to consultation with Public Safety and assessment under LDP2 Policy 14 – Bad Neighbour Development. 9. Phasing Page 170
Page 171
Classifcation: Official The Strategic Masterplan sets out a ‘Long term phasing strategy’ which is outcome- related (the indicative site designs provide non-timescale specific development phases): • Phase 1 2023/24: Strategic masterplan developed, submitted and possible temporary planning permissions sought. • Phase 2 2024/2027: Core infrastructure installed (gondola, uplift, trail improvements and new accommodation), applications for further development submitted, public transport improvements to support increasing visitor numbers. • Phase 3 2027/2035: Project well established, opportunities to improve trail and accommodation offer. • Phase 4 2035/37: Trails begin to expand further to western side of the Peninsula along Loch Striven, biodiversity enhancements established and widened, Ferry and integrated transport hub at Gourock operational. • Phase 5 2037/42: Dunoon recognised as a Marine Gateway to Loch Lomond and the Trossachs National Park This proposed phasing is indicative, given the dynamic nature of the overall proposals and the uncertainties surrounding funding. While the flexible approach to phasing is noted, it is expected that required supporting infrastructure improvements are likely to need to be carried out commensurately with the scale of development as each phase/strategic site progresses. Some element of whole-site planning (including a number of supporting studies) will be required at the outset to support any future planning applications for this proposed masterplan area. ____________________________________________________________________________ (G) CONCLUSION The vision of the Dunoon and Kilbride Hill Strategic Masterplan to deliver a world-class outdoor recreation and tourism attraction is supported. The Strategic Masterplan considers how the proposal would develop incrementally and integrate within the town and wider area. The Strategic Masterplan gives appropriate consideration to settlement strategy policy, access requirements, landscape, infrastructure and compatibility between existing and potential future uses. A full assessment of the siting, massing, building design, landscaping, access, water supply, drainage arrangements for developments within the masterplan area will be assessed via future application(s) for planning permission. A number of plans will be required to address forestry and recreational management, transport impacts, biodiversity mitigation and enhancement and community benefit to support any future planning briefs or planning applications for the key sites. There are no objections from consultees and no objections have been submitted following the requisite public consultation period for the masterplan. It is therefore concluded that the Strategic Masterplan document should be endorsed. ____________________________________________________________________________ (I) IMPLICATIONS Page 171
Page 172
Classifcation: Official Policy: None Financial: None Personnel: None Equal Opportunities: None ____________________________________________________________________________ Author of Report: Shelley Gould Date: 09.10.2024 Reviewing Officer: Sandra Davies Date: 09.10.2024 Fergus Murray Head of Development and Economic Growth Page 172
Page 173
Page 173
Page 174
This page is intentionally left blank
Page 175
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Argyll and Bute Council Development & Economic Growth 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: 24/01098/PP Planning Hierarchy: National Application Applicant: Scottish Hydro Electric Transmission Plc Proposal: Section 42 Application for variation of condition 7 relative to planning permission reference 23/00382/PP (Erection of high voltage electricity substation and formation of associated access, landscaping, drainage and means of enclosure and platform extension Site Address: Land Adjacent To Crossaig Sub Station, Skipness DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • A substation platform extending approximately to 2.4 ha for the new Crossaig North substation; • A 275 kV Gas Insulated Switchgear (GIS) Building, maximum height 16m; • A 132 kV Gas Insulated Switchgear (GIS) Building, maximum height 16m; • Installation of two 275/132 kV supergrid transformers (SGT), rated at 480 MVA, each located in a ventilated building of maximum height 18m; • Installation of two gantries and electrical equipment to connect the OHL and the proposed substation; • A temporary works area (TWA) adjacent to the substation site, of approximately 3 ha and areas for temporary peat storage; • Diesel Generator and 2 automatic voltage regulators; • Borehole for water and septic tank; • Turning and parking areas; • Use of existing forestry access tracks (those being the existing Cross Kintyre Haul Road and Cour Estate track), approximately 25 km in length to enable access to the existing Crossaig substation. Ongoing maintenance of this track will be required; • Construction of a section of permanent access track, approximately 660 m in length between the existing Crossaig substation and the proposed Crossaig North substation and for access to the SuDS pond; • A 2.4 m high security fence of palisade construction around the substation perimeter; and • Foul and surface water drainage (Sustainable Drainage System (SuDS) pond and outfall pipe); • An extension to the south of the substation platform at the existing Crossaig substation of approximately 0.13 ha to support electrical equipment and associated access Page 175 Agenda Item 9
Page 176
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (ii) Other specified operations • Tree felling and compensatory planting Works are also required within the existing Crossaig substation platform to which Permitted Development rights apply. Those include: • construction of a single storey building extension to accommodate expansion of the existing protection room • Installation of underground 132kv interconnector cables between existing substation and proposed substation. (B) RECOMMENDATION: Having due regard to the relevant policies within LDP 2, NPF 4 and all other material considerations, it is recommended that planning permission be granted, in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997, subject to the conditions and reasons detailed in this report. (C) CONSULTATIONS: SEPA – (Dated 24.07.24) - No objection to rewording of condition 07 Nature Scotland – (Dated 19.07.24) - No comment Offered. Transport Scotland Dated 26.07.24 - No objection WoSAS (Dated 22.07.24) – No Comment as archaeology condition submissions on original consent already approved by WoSAS Area Roads Engineer (Dated 01.08.24) – No comments Tarbert and Skipness Community Council – No response Environmental Protection – No Response Biodiversity Officer – No Response HESS – No response Access Manager – No response (Officer Note* As all details in respect of approval 23/00382/PP remain the same the critical consultee response in respect of rewording condition 07 relating to peat management proposals is from SEPA who requested the wording used in the condition. They have responded with no objection) (D) HISTORY: 21/001884/PAN – Proposal of Application Notice for the erection of electricity substation Opinion issued on 17.11.21. 21/01642/SCREEN – Screening opinion for the erection of a 275kV gas insulated switchgear substation. Opinion issued on 21.3.22 23/00382/PP – Erection of high voltage electricity substation and formation of associated access, landscaping, drainage and means of enclosure and platform extension Approve subject to conditions 27.06.23 (E) PUBLICITY: MREG20 – Regulation 20 Major Application Advert, Expired 23rd August 2024 Page 176
Page 177
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (F) REPRESENTATIONS: No Representations Received (G) SUPPORTING INFORMATION: • Habitat Management Environmental Plan • Peat Management Plan Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☐Yes ☒No ☐Yes ☒No (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☒Yes ☐No • Peat Management Plan • Habitat Management Environmental Plan (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Annex B – National Statements of Need 3. Strategic Renewable Electricity Generation and Transmission Infrastructure Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Page 177
Page 178
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 11 – Energy Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management NPF4 Policy 23 – Health and Safety Productive Places NPF4 Policy 25 – Community Wealth Building NPF4 Policy 29 – Rural Development Annex B – National Statements of Need 3. Strategic Renewable Electricity Generation and Transmission Infrastructure Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 19 – Scheduled Monuments Policy 21 – Sites of Archaeological Importance Diverse and Sustainable Economy Policy 30 – The Sustainable Growth of Renewables Connected Places Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Sustainable Communities Policy 55 – Flooding Policy 58 – Private Water Supplies and Water Conservation High Quality Environment Page 178
Page 179
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees Policy 78 – Woodland Removal Policy 79 – Protection of Soil and Peat Resources Local Development Plan 2 Schedules (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Planning Advice Notes & Web-based Renewables Guidance • Renewable energy and climate change framework • Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 • The Future of Energy in Scotland: Scottish Energy Strategy, Scottish Government (December 2017) and position Update dated 16.3.21 • Scotland’s Draft Energy Strategy and Just Transition Plan: Ministerial statement (Dated 10.1.23) • The Scottish Government’s Policy on ‘Control of Woodland Removal’ (Forestry Commission Scotland 2009) • Views of statutory and other consultees, • Planning history of the site (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No The opportunity to attend a pre-determination hearing is required to be offered in relation to applications for planning permission for major developments which are significant departures from the development plan and for all National Developments. Their purpose is to allow the views of applicants and those who have made representations to be heard before a planning decision is taken. The Planning Authority has discretion over how hearings will operate in its area. The applicant and consultee(s) who have offered response have confirmed that they do not wish to be heard, therefore a Hearing will not be required. (O)(i) Key Constraints/Designations Affected by the Development: • Peat • Forestry Removal (O)(ii) Soils Page 179
Page 180
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Agricultural Land Classification: Class ? / Unclassified Land / Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Class 4 indicated on Council Maps. Further site specific information within submitted Peat Management Plan Peat Depth Classification: N/A : Refer to Fig 2.1 of Peat Management Plan Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐No Does the proposal include any replacement or compensatory planting? ☒Yes ☒No details to be secured by condition ☐N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP2 Settlement Strategy (tick all relevant boxes) ☐Settlement Area ☒Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations A Section 42 application is an application for a new planning permission for a development, but with different conditions from those attached to a previous permission for that same development. In determining such an application, the Planning Authority can only consider the changes to the conditions on the previous permission. The principle of development is not under consideration and the original permission under 23/00382/PP remains live. (i) Principle of Development Planning Permission (ref. 23/00382/PP), to construct and operate a 132/275 kilovolt (kV) GIS electrical substation and associated infrastructure, was originally granted on 21.06.2023. It should be noted that works have now commenced on site, and these works are progressing in accordance with the original approval and conditions to allow commencement of development have been discharged. Page 180
Page 181
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (ii) Proposed Development The current application has been made under Section 42 of the Town and Country Planning (Scotland) Act 1997, as the applicant wishes to amend the wording of condition 07 of the original permission. Condition 7 was a condition required the submission of a Peat Management Plan to be discharged in consultation with SEPA. SEPA have previously approved the proposed peat management plan and the plan itself remains unchanged from the details that SEPA have already approved. The condition is listed in full below. The wording that SSEN wish to amend by means of this S42 Application are highlighted in bold and underlined for ease of reference. 7. No development shall commence until a detailed peat management and reinstatement plan has been submitted to and approved by the Planning Authority in consultation with SEPA. This shall be submitted to the planning authority and SEPA no later than two months prior to the intended commencement of development date and include details of: The written consent of all landowners whose land is to be utilised. Methodology and volume of extraction, Phasing/timing of any works impacting peat. Quality/classification of Peat to be extracted. Details of any onsite peat re-instatement and /or enhancement Details of storage and transportation Details of the location, area, and condition of onsite or offsite peatland to be improved. Details of peat enhancement measures on this land Details of peatland restoration outcomes to be achieved. Details of ongoing management arrangements of the restored peatland The restored peatland shall thereafter be maintained in accordance with the terms of approved peatland management plan and retained in perpetuity unless with the written agreement of the Planning Authority in consultation with SEPA. The restored area shall not be subject to any works or operations in the future to undermine the objectives of the restoration objectives contained in the approved Peat Management Plan. The peat improvement works shall also be undertaken in accordance with the objectives of the necessary habitat and management plan set out at condition 08 below. Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement, reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives. The proposed revised wording of Condition 07 is to 7. No development shall commence until a detailed peat management and reinstatement plan has been submitted to and approved by the Planning Authority in consultation with SEPA. This shall be submitted to the planning authority and SEPA no later than two months prior to the intended commencement of development date and include details of: This shall include details of: The written consent of all landowners whose land is to be utilised. Methodology and volume of extraction, Phasing/timing of any works impacting peat. Quality/classification of Peat to be extracted. Page 181
Page 182
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Details of any onsite peat re-instatement and /or enhancement Details of storage and transportation Details of the location, area, and condition of onsite or offsite peatland to be improved. Details of peat enhancement measures on this land Details of peatland restoration outcomes to be achieved. Details of ongoing management arrangements of the restored peatland The restored peatland shall thereafter be maintained in accordance with the terms of approved peatland management plan. The restored peatland shall be maintained in accordance with the terms of the approved peat management plan for a period of 15 years, from commencement of works under approved peat management plan. The restored area shall not be subject to any works or operations for a period of 15 years, from commencement of works under approved peat management plan which would undermine the objectives of the restoration objectives contained in the approved Peat Management Plan. The peat improvement works shall also be undertaken in accordance with the objectives of the necessary habitat and management plan set out at condition 08 below. Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement, reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives. All relevant matters have been taken into account when assessing this further application. It is considered that the proposal accords with the principles and policies contained within both the adopted National Planning Framework 4 and the adopted Argyll and Bute Local Development Plan 2. The Section 42 application to amend the planning condition is considered acceptable, subject to the retention and amendment of the remaining planning conditions in terms of all other applicable material considerations. Taking account of the above, it is recommended that planning permission be approved subject to the revised condition 07 as per the S42 application. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: All relevant matters have been taken into account when assessing this further application. It is considered that the proposal accords with the principles and policies contained within both the adopted National Planning Framework 4 and the adopted Argyll and Bute Local Development Plan 2. All matters directly related to the variation sought are therefore considered to have been properly addressed. Taking account of the above and all relevant material considerations, it is recommended that planning permission be approved subject to the revised condition 07 as per the terms of the submitted S42 application. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A Page 182
Page 183
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒ No Author of Report: David Moore Date:07.10.24 Reviewing Officer: Sandra Davies Date: 08.10.24 Fergus Murray Head of Development & Economic Growth Page 183
Page 184
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/01098/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 14.12.22; the Environmental Appraisal (December 2022), 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. Version Date Received Site Location Plan (1:75000) 24.02.23 Red Line Boundary Plan (Fig 1.1) 24.02.23 Revised Site Layout Plan 4534d-DR-P-0017 Rev 5 26.05.23 Existing Substation Layout and proposed Extension Plan 4543d-DR-P-0027 24.02.23 Septic Tank and Borehole Plan ( Fig 13) (1:2500) 31.03.23 Substation Compound Layout and Electrical Section Locations 4534d-DR-P-0004 Rev.2 24.2.23 275Kv Control Building Layout 4534d-DR-P0005 Rev 2 24.2.23 275kv Control Building Elevations 4534d-DR-P-0006 Rev.2 24.2.23 132kv Control Building Elevations 4534d-DR-P-0023 Rev.1 24.2.23 132kv Control Building Layout 4534d-DR-P-0022 Rev.1 24.2.23 Transformer Building Layout 4534d-DR-P-0020 Rev.1 24.2.23 Transformer Building Elevations 4534d-DR-P-0019 Rev.1 24.2.23 Generator Building Elevations and Floor Plan 4534d-DR-P-0009 Rev.2 24.2.23 Electrical Layout Elevations 01 4534d-DR-P-0011 Rev.1 24.2.23 Typical Deer Fence and Gate 4534d-DR-P-0016 - 24.2.23 2.5m High Security Palisade Fencing Details CE/34/2015 Rev. E 24.2.23 Site Access Details 4534d-DR-P-0008 Rev.2 24.2.23 Proposed Site Access Profiles 4534d-DR-P-0021 Rev.1 24.2.23 Proposed Site Profiles 4534d-DR-P-0018 Rev.1 24.2.23 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. No construction works shall be commenced until a Finalised Construction Environmental Management Plan [CEMP] has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA and other consultees, as appropriate. The development shall then proceed in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. The CEMP shall include: a) An updated Schedule of Mitigation (SM) highlighting mitigation set out within each chapter of the Environmental Appraisal (EA), and the conditions of this consent; b) Processes to control/ action changes from the agreed SM; Page 184
Page 185
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL c) Construction Environmental Management Plans (CEMPs) for the construction phase covering: i) Habitat and species protection, including ECoW Details, surveys and species protection plans; ii) Landscape and Mitigation Restoration Plan including compensatory planting (refer to Condition 9); iii) Pollution prevention and control; iv) Dust management, including construction activity and vehicle movements; v) Construction noise and vibration vi) Temporary site lighting; vii) Watercourse crossings; viii) Site waste management ix) Surface and ground water management, including: drainage and sediment management measures from all construction areas including access tracks, mechanisms to ensure that construction will not take place during periods of high flow or high rainfall; and a programme of water quality monitoring; x) Mapping of borrow pits and associated habitats identified for restoration; xi) Invasive Non-Native Species Management Plan xii) Emergency Response Plans; xiii) Timetable for post construction restoration/ reinstatement of the temporary working areas and construction compound; and xiv) Other relevant environmental management as may be relevant to the development d) A statement of responsibility to 'stop the job/ activity' if a breach or potential breach of mitigation or legislation occurs; and e) Methods of monitoring, auditing, reporting and the communication of environmental management on site and with client, Planning Authority, and other relevant parties. Reason: To ensure protection of surrounding environmental interests and general amenity. 3. No development shall commence until a Construction Traffic Management Plan (CTMP)and Phased Delivery Plan have been prepared and approved in writing by the Planning Authority and Transport Scotland as the trunk roads Authority. The Plan shall include details of: a) Approved access routes, • All HGV construction traffic to use the Cross Kintyre Haul Route. • The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road must not be used by HGV's. • The B8001 Redhouse - Skipness Road and the B842 Claonaig - Southend Road may be used by LGV related to these works b) Agreed operational practises (including avoidance of convoy movements, specifying conduct in use of passing places, identification of turning areas, information of wheel cleansing facilities, signage to be installed on the A83 warning of construction traffic, signage or temporary traffic control measures to include for larger or abnormal loads, reporting of verge damage); c) The provision of an appropriate Code of Practice to drivers of construction and delivery vehicles. d) Abnormal load route surveys and finalised plan (including any accommodation measures required including the removal of street furniture, junction widening, traffic management). The development shall be implemented in accordance with the duly approved Traffic Management Plan Page 185
Page 186
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL Reason: To minimise the interference with the safety and free flow of traffic on the trunk road and to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk or local road network. 4. No development or ground breaking works shall commence until a programme of archaeological works in accordance with a written scheme of investigation, has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service. The scheme shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works. Reason: In order to protect archaeological resources 5. No development shall commence, until a strategy for housing incoming construction workers shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: In order to ensure that any potential adverse impacts on the functioning of the local housing market and tourist accommodation to the detriment of the interests of the local community are identified and mitigated in accordance with the requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. 6. No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist/ hydrogeologist or other suitably competent person and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 or Part 3 of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (as appropriate) which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. 7. No development shall commence until a detailed peat management and reinstatement plan has been submitted to and approved by the Planning Authority in consultation with SEPA. This shall be submitted to the planning authority and SEPA no later than two months prior to the intended commencement of development date and include details of: Page 186
Page 187
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL (i) The written consent of all landowners whose land is to be utilised. (ii) Methodology and volume of extraction, (iii) Phasing/timing of any works impacting peat. (iv) Quality/classification of Peat to be extracted. (v) Details of any onsite peat re-instatement and /or enhancement (vi) Details of storage and transportation (vii) Details of the location, area, and condition of onsite or offsite peatland to be improved. (viii) Details of peat enhancement measures on this land (ix) Details of peatland restoration outcomes to be achieved. (x) Details of ongoing management arrangements of the restored peatland The restored peatland shall thereafter be maintained in accordance with the terms of approved peatland management plan. The restored peatland shall be maintained in accordance with the terms of the approved peat management plan for a period of 15 years, from commencement of works under approved peat management plan The restored area shall not be subject to any works or operations for a period of 15 years, from commencement of works under approved peat management plan which would undermine the objectives of the restoration objectives contained in the approved Peat Management Plan. The peat improvement works shall also be undertaken in accordance with the objectives of the necessary habitat and management plan set out at condition 08 below. Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement, reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives. 8. No works to excavate any peat on the site shall be undertaken until a Habitat Management and Enhancement Plan has been submitted to and approved by the Planning Authority in consultation with its biodiversity advisor. Reason: To ensure that works result in habitat enhancement works being undertaken in accordance with NPF 4 and LDP Objectives. 9. No development shall commence until a detailed Compensatory Planting Plan (CPP) and Long Term Forestry Management Plan (LTFMP) are submitted to and approved in writing by the Planning Authority, in consultation with Scottish Forestry. The approved CPP and LTFMP shall be implemented in full and in accordance with the approved timing, unless otherwise agreed in writing by the Planning Authority. Reason: To enable appropriate woodland removal to proceed, without incurring a net loss in woodland related public benefit, in accordance with the Scottish Government's policy on the Control of Woodland Removal. 10. No development shall commence, until a revised Landscape Planting Plan and Maintenance Plan in accordance with BS EN ISO 11091:1999 has been submitted to and approved in writing by the Planning Authority. The revised plans must include: a) A plan showing numbers and locations of each tree and shrub species; b) Planting schedule to show for each species, the total number, type and size at planting; Page 187
Page 188
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL c) Specification for planting to include ground preparation, planting operations and protection from herbivores; d) Compensatory planting scheme for tree loss e) Schedule of implementation and phasing; The approved Landscape Planting Plan and Maintenance Plan shall thereafter be implemented in full in accordance with the implementation schedule and maintained in accordance with the approved details. Any plant losses within the first five years will be replaced at the next planting season. Reason: To ensure the development conserves and enhances the landscape character and biodiversity interests of the area. 11. Any watercourse crossings, hereby permitted, shall be designed to at least the capacity of the existing channel and to the 1 in 200 year plus climate change flow and an allowance for freeboard, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure that new watercourse crossings do not affect the existing flows in the interests of flood risk. 12. No external lighting shall be installed on the site other than with the prior written approval of the planning authority. In that event the location, type and luminance of the lighting units to be installed shall be specified, and any duly approved lighting shall be installed in a manner which minimises illumination and glare outwith the boundary of the application site. The completed site shall not be illuminated other than in the event of staff being present on site. Reason: In order to avoid unnecessary visual intrusion in the interests of the visual amenity of an area otherwise unaffected by the presence of light sources. 13. No development shall take place outside the following hours: 07.00hrs and 19.00hrs Mon to Friday (inclusive) 07.00hrs and 18.00hrs Saturday No construction works shall take place on Sundays or Scottish Bank Holidays unless as otherwise may be agreed in writing with Environmental Protection Officers in advance of the operations Non-construction work and switching works can be carried out on Sundays and Scottish Bank Holidays between the hours of 08.00 and 13.00. Reason: To minimise the impact of noise, generated by construction activities, on occupiers of residential properties. Page 188
Page 189
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 24/01098/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Introduction 1.1. The proposal the subject of this application is seeking to secure planning permission under Section 42 of the Town and Country Planning (Scotland) Act 1997 to vary a planning condition (Condition 07) attached to the original consent for an electrical substation, seeking a change to the wording of the condition 07 as set out in the main report. 1.2. The Approved Development under 23/00382/PP consists of the substation buildings and electrical infrastructure, and associated works required to accommodate construction and access. The development footprint for the proposed substation site once completed, includes the substation platform, cut/fill embankments, access road, associated culverts, Sustainable Urban Drainage System (SUDS) and OHL connecting down-leads and towers. 1.3. The site is located approximately 8 km southwest of the village of Claonaig in Argyll and Bute, West Scotland and is 1 km from the Firth of Clyde. The Project would be accessed from the A83 using existing private tracks known as the Cross Kintyre Haul Road and the Cour Estate track. The Proposed Development is in an area of commercial forestry with low conservation value, as well as an area of semi-natural broadleaved woodland with higher ecological importance. It is situated approximately 1 km from the Firth of Clyde, and approximately 500 m from the B842. 1.4. Buildings will comprise steel portal frames with metal cladding and roof. There would be some un-housed electrical switchgear and plant located within the platform area. The substation would not be illuminated at night during normal operational activities. Conditions will be imposed to ensure that appropriate materials and colouring are used in respect of these buildings and other infrastructure. Flood lights would be installed but would only be used in the event of a fault during the hours of darkness; or during the over- run of planning works; or when sensor activated as security lighting for night-time access. Details of any proposed floodlighting are subject to a condition. 1.5. No physical or operational aspects of the previous application already approved by Members will be altered by this S42 application which relates only to the wording of condition 07. 2. Consideration of Proposal 2.1. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning applications to be determined in accordance with the development plan unless material planning considerations indicate otherwise. The principle of development has been established under the original permission and consequently, it is not necessary or appropriate to revisit whether or not it is compliant with the settlement strategy. This is an application to amend the requirements of the condition on an existing permission. In order to address the determining issues, the key considerations are therefore: 1. Compliance with the adopted Development Plan (s) and other planning policy Page 189
Page 190
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL 2. Variation of the wording of condition 07 as proposed; and 3. Any other material considerations 3. Compliance with the Development Plan (comprising NPF 4 and LDP 2) 3.1. The Development Plan has changed since the determination of the original application. The Development Plan now comprises the adopted National Planning Framework 4 [NPF4], in addition to the adopted Argyll and Bute Council Local Development Plan 2, 2024 [LDP] and all statutory and supplementary guidance. 3.2. Although NPF 4 was formally adopted in Feb 2023 before the approval of 23/00382/PP for the original scheme, LDP 2 was formally adopted in Feb 2024, since the proposal was approved on 21.06.23. Notwithstanding this, it should be noted that the original application report of handling also considered the application against the policies of the draft LDP 2 document, which have effectively been replicated in the adopted LDP 2 in respect of the relevant policies. As approval of this current application would grant a fresh planning permission for the proposals, it is necessary to address the relevant policy framework for the application where the framework differs from that of the previous NPF 4 and draft LDP 2 policy evaluation , in addition to addressing any relevant matters raised by the S42 application to amend Condition 07 and amend other relevant conditions which the Planning Authority considers is necessary. 3.3. As the proposals involve an amendment to an existing live consent, which has been partially implemented at time of writing, there is no opportunity for the Planning Authority to revisit the principle of the development, or any facets of the original permission that do not form part of the proposed amendments. Therefore, in this instance, the assessment of the proposals relates solely to consideration of revisions to the wording of condition 07 as previously set out at Section P of this report. 3.4. The main matters for the Council’s consideration are, therefore, whether the development would continue to comply with the Development Plan (NPF 4 and LDP 2 policies) based on the new suite of conditions. 4. National Planning Framework 4 4.1 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. As the proposal continues to seek permission for an electrical substation to facilitate the transmission of existing and future renewable energy projects within this part of Argyll and Bute, helping to tackle issues of climate change, it is considered that the amended proposals continue to accord with the relevant policies of NPF4. Of particular relevance is assessment against NPF4 Policy 5 – Soils, which includes details on the approach required where development proposals would impact upon peat. The amended application is considered to comply with NPF4 Policy 5. And importantly the statutory consultee who requested the wording of condition 07 have raised no objection to the proposed changes. The proposals therefore continue to comply with NPF 4 policy requirements. 5. Argyll and Bute Local Development 2 5.1. The original application was assessed against the policies of the draft Argyll and Bute Local Development Plan 2, in addition to those of the adopted Argyll and Bute Local Development Plan 2015. In terms of the minor changes to the previously approved and conditioned scheme, consideration has been given to whether the proposals continue Page 190
Page 191
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Classification: OFFICIAL to comply with the provisions of the current adopted Local Development Plan. Following a detailed assessment of the application against the relevant policies of the adopted Argyll and Bute Local Development Plan 2, and in particular Policy 79 - Protection of Soil and Peat Resources, it is considered that the amended proposals are acceptable. 5.2. The detailed assessment of the S42 application has fully considered impacts on international, national and local designations, impacts on carbon rich soils, deep peat and priority peatland habitat, economic benefits, contributions to renewable energy targets, effects on natural heritage and ecology, landscape and visual impacts, cumulative impacts, public access, the historic environment, tourism and recreation, road safety and traffic, hydrology, water environment and flood risk, and environmental protection. 6.0 Conclusions 6.1 The proposed development remains exactly the same as that approved and currently under construction under the original Planning Permission, with no changes to the site layout, proposed buildings, infrastructure or access arrangements. Full details of the proposed development originally approved are contained in the Report of Handling for permission ref: 23/00382/PP and available on the public access system. 6.2 On the basis of all of the above, the proposal is considered to be consistent with policies in both the National Planning Framework 4 (NPF4) and the Argyll and Bute Local Development Plan 2. Therefore, it is recommended that the application to vary condition 07 attached to planning permission 23/00382/PP is granted, which effectively renews that planning permission for a further three years. Page 191
Page 192
This page is intentionally left blank
Page 193
Page 193
Page 194
This page is intentionally left blank
Page 195
ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 23 OCTOBER 2024 Government Consultations: Building Regulations: Determining the principles for a Scottish equivalent to the Passivhaus standard: Stage 1 consultation 1.0 HEADLINES 1.1 This report provides members of the Planning, Protective Services and Licensing Committee with comments on a current Scottish Government consultation “Building Regulations: Determining the principles for a Scottish equivalent to the Passivhaus standard: Stage 1 consultation “ and seeks approval of a formal submission 1.2 The Scottish building regulations set minimum standards applicable to new buildings and to new work to existing buildings. In December 2022, the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal. The proposal was “to introduce new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance”. 1.3 This report provides a response to the consultation for consideration by members, prior to submission to the Scottish Government by the 23 October 2024 deadline. 2.0 RECOMMENDATIONS 2.1 It is recommended that members of the Planning, Protective Services and Licensing Committee consider the report and approve the response outlined in Appendix 1 3.0 DETAIL 3.1 The consultation is the first of two which will consider the technical, commercial, and wider policy implications of improvements to building regulations in the context of broader action by the Scottish Government on climate change, to further our ambition of becoming a net- zero society by 2045. It does not set out the details of proposed new standards or performance targets. That will be set out in a further consultation in summer 2025. Instead, this consultation seeks views on the form and approach that a Scottish equivalent to the Passivhaus standard, implemented through building regulations, should adopt 3.2 The consultation seeks detailed responses on specific questions on the concept of a Scottish equivalent and issues around specification and calculation tools. In summary, Passivhaus seeks very high and assured levels of energy efficiency and a healthy and comfortable indoor environment all year round. It encourages a design-led approach to optimise built form to limit energy demand and meet the standard 3.3 The proposed response (see Appendix 1) does not propose to answer the questions but addresses the key issues in Argyll and Bute, namely the impact on affordability, development costs and skills shortages, which are further exacerbated in rural and island communities. 3.4 A Passivhaus standard will increase building and development costs, requires specifically skilled architects, developers, builders and contractors and the potential to hinder Page 195 Agenda Item 10
Page 196
development. This will adversely impact on communities within Argyll and Bute, particular our rural and island communities where previous studies (Stantec report “Argyll & Bute Island Housing Market Study- May 2024) have identified: (a) Local house prices exceed local household incomes, particularly on the islands, and a high level of house sales are mode by non-residents as market prices are unaffordable to local residents. (b) The percentage of local people in our island communities unable to afford average house prices ranges from 62% on Coll to 93% on Jura. (c) The Scottish Government identifies an affordable house as no more than 3.5 times the annual incomes of an individual household. The ratio is significant higher in Argyll and Bute, with the average house prices being between 4 and 5 times individual household incomes. (d) In the 7 islands in the STATEC study over 50% of all residents were unable to affords the average house prices and this is particularly acute in Jura and Colonsay where only 1 in 10 have sufficient funds to purchase a residential property on the island. (e) The costs of building in Argyll and Bute are the highest on mainland Scotland (only exceeded by Shetland) and building costs are 30-40% higher on the islands. (f) Public sector investment is required to provide new high quality and energy efficient houses, to address fuel poverty on the island. 4.0 CONCLUSION 4.1 Recognising the benefits of Passivhaus construction, the proposal for an absolute requirement for all new developments will adversely impact development in Argyll and Bute and our rural and island communities. This is at a time of a housing emergency, the proposals are likely to hinder development, increase development and building costs and exacerbate our skills shortages. Scottish Government should consider that if Passivhaus standards are absolute standard additional financial support is required to support the higher development costs in rural or islands communities. Without this, a relaxed standard must be developed as an alternative, particularly for rural and island communities and for retrofits. 5.0 IMPLICATIONS 5.1 Policy – consistent with Council policies 5.2 Financial – Proposals will increase development costs in Argyll and bute 5.3 Legal – None 5.4 HR – none. 5.5 Fairer Scotland Duty - the Fairer Scotland Duty, 5.5.1 Equalities – N/A 5.5.2 Socio-economic Duty – N/A 5.5.3 Islands – included in response 5.6 Climate Change – supports principles of climate change and energy efficiency 5.7 Risk – Proposals may hinder delivery of Councils emergency housing action plan 5.8 Customer Service – N?A 5.9 Rights of the Child (UNCRC) – none Executive Director with overall responsibility for Development and Economic Growth: Kirsty Flanagan Policy Lead for Regulatory Services: Councillor Green. 25/09/2024 For further information contact: Alan Morrison, Regulatory Services and Building Standards Manager alan.morrison@argyll- bute.gov.uk. Fergus Murray, Head of Development and Economic Growth: fergus.murray@argyll-bute.gov.uk. APPENDICES – Appendix 1: Draft consultation response Page 196
Page 197
Appendix 1 Government Consultations: Building Regulations: Determining the principles for a Scottish equivalent to the Passivhaus standard: Stage 1 consultation 1 Name of Consultation Building Regulations: Determining the principles for a Scottish equivalent to the Passivhaus standard: Stage 1 consultation 2 Open date 31 July 2024 3 Closing date 23 October 2024 4 What is the consultation? Scottish building regulations set minimum standards applicable to new buildings and to new work to existing buildings. In December 2022, the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal. The proposal was “to introduce new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance” This consultation is the first of two which will consider the technical, commercial, and wider policy implications of improvements to building regulations in the context of broader action by the Scottish Government on climate change, to further our ambition of becoming a net- zero society by 2045. This consultation does not set out the details of proposed new standards or performance targets. That will be set out in a further consultation in summer 2025. Instead, this consultation seeks views on the form and approach that a Scottish equivalent to the Passivhaus standard, implemented through building regulations, should adopt 5 Why are they consulting? This stage 1 consultation seeks views on the form and approach that a Scottish equivalent to the Passivhaus standard, implemented through building regulations, should adopt. It also seeks information on the implementation of the 2023 energy standards to inform the development of a stage 2 consultation in 2025, which will set out the details of proposed new standards or performance targets 6 Officers consideration and recommendations The consultation asks detailed questions on the concept of a Scottish equivalent and specific issues around the specification and calculation tools. The concept is. “In summary, Passivhaus seeks very high and assured levels of energy efficiency and a healthy and comfortable indoor environment all year round. It encourages a design-led approach to optimise built form to limit energy demand and meet the standard Proposed response: The consultation asks very specific questions and rather than focusing on these, due consideration has been given to identify potential issues and risks associated with introducing a Passivhaus equivalent standard to developments within Argyll and Bute In developing this consultation response, reference is made to the Stantec report “Argyll & Bute Island Housing Market Study- May 24” and the following evidence: Page 197
Page 198
(a) Affordability’ Local house prices exceed local household incomes, particularly on the islands, and a high level of house sales are mode by non-residents as market prices are unaffordable to local residents. (b) The percentage of local people in our island communities unable to afford average house prices ranges from 62% on Coll to 93% on Jura. (c) The Scottish Government identifies an affordable house as no more than 3.5 times the annual incomes of an individual household. The ratio is significant higher in Argyll and Bute, with the average house prices being between 4 and 5 times individual household incomes. (d) In the 7 islands in the STATEC study over 50% of all residents were unable to affords the average house prices and this is particularly acute in Jura and Colonsay where only 1 in 10 have sufficient funds to purchase a residential property on the island. (e) The costs of building in Argyll and Bute are the highest on mainland Scotland (only exceeded by Shetland) and building costs are 30- 40% higher on the islands. (f) Public sector investment is required to provide new high quality and energy efficient houses, to address fuel poverty on the island. General: 1. In general terms, the principles for a Scottish equivalent to the Passivhaus standard are sensible from sustainability and climate change perspectives, However, it’s important to recognise the potential negative impact to rural areas, in terms of development costs, particular where building costs are presently significantly higher in Argyll and Bute, and more so in island communities, and unaffordable to many local residents. 2. Energy efficient properties are critical, but the consultation should consider whether the Passivhaus standard is appropriate standards to apply to all new buildings and propose other alternatives, rather than it being an absolute requirement. 3. Passivehaus approach does offer opportunities in areas of electricity grid restrictions. There are many places where it is currently very challenging to get a grid connection due to lack of capacity. In these circumstances, Passivhaus may offer an opportunity to reduce impact on the grid, subject to discussion with network suppliers. In circumstances where this is required, consideration should be given for grant funding to achieve this. Costs: 4. The proposal to introduce a Passivhaus standards to all new developments will result in a significant cost burden on all housing within the Argyll and Bute area and in particular, remote and rural communities as evidenced in the STANTEC report . The cost implications of achieving this as a minimum standard must be carefully considered, particularly in a time of housing emergency In Argyll and Bute. 5. The proposals are likely to adversely impact development and further assessment is required on the impact in Argyll and Bute, particularly where building costs in Argyll and Bute are the highest on mainland Scotland and are only higher in Shetland. 6. The infiltration rate of 0.6 air changes per hour far exceeds the current air changes that are currently achieved, will require a greater level of site supervision, contractor experience, and attention to detail, which comes at additional cost for the client. The entire design through to the completion phase appears to be far more onerous than current construction practice, which again will have significant cost implications on the client for all members of the design team and construction professionals involved in the project. Skills and expertise Page 198
Page 199
7. The Passivhaus is not a building that can be designed by an agent with no credentials in this type of building and thus requires a professional with experience of Passive House Planning Package (PHPP) and over seen by a Passivhaus certifier. 8. We raise concerns over the level of competence that would be required by the professionals required to undertake the design, construct and carry out site supervision in complying with a Passivhaus design. Such skills shortage will hinder developments and increase costs. These will be amplified in remote rural area 9. Ventilation and heat exchange systems need maintenance and available contractors to do this in remote rural areas at reasonable cost and in reasonable time. As an example. There are already issues accessing gas safety and electrical safety engineers in rural authorities. Changing behaviours 10. Passivhaus Buildings work efficiently when occupiers are bought in to the concept and behave and utilise the building in an appropriate way. Education of occupiers is critical as people may override the design by installing additional heating or not use the mechanical ventilation system. Other 11. Further consideration is required on how this proposed standard impacts on the drive to District Heating and LHEES. The benefits of a cost effective heat network for new developments will not be required to the same extent if the Passivehaus standards are applied universally to all developments. Will this not be a long term disincentive to pursuing heat networks in contrast to other SG policy and now Local Heat and Energy Efficiency Strategies (LHEES). 12. Whatever standards are chosen they should not be different dependent on tenure, ie: social housing should be at the same standard as private, not higher or lower. 13. The Stage 2 consultation should consider if this standard is more appropriate as an option rather than an absolute standard, and identify suitable alternatives which would still meet the drive for energy efficiency in new developments. 7 Recommendations The consultation recognises that the costs of Passivhaus are higher in rural areas and states “Passivhaus is a significant upgrade on the current carbon emitting criteria of our existing buildings, but this comes at a significant cost to the client and in particular those that live in more rural and remote areas where travelling and a lack of suitably qualified and experienced professionals, will incur additional costs as opposed to the central belt”. Argyll and Bute raise concerns over these proposals as , without significant public sector development and support grants, the proposals exacerbate the existing issues of lack of affordable housing to residents, high building costs and skill shortages, particularly within our rural and island communities Scottish Government should consider that if Passivhaus standards are absolute standard additional financial support is required to support the higher development costs in rural or islands communities. Without this, a relaxed standard must be developed as an alternative, particularly for rural and island communities and for retrofits. Page 199
Page 200
This page is intentionally left blank
Page 201
ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIIVE SERVICES AND LICENSING COMMITTEE DEVELOPMENT AND ECONOMIC GROWTH 23 OCTOBER 2024 REGULATORY SERVICES PERFROMANCE REPORT 2023-24 1.0 HEADLINES 1.1 This paper updates members of the Planning, Protective Services and Licensing Committee on the progress which has been made to deliver the Regulatory Services Service Plan 2023/25, highlighting achievements and performance in 2023-24, and identifying additional priorities for the forthcoming year. The Regulatory Services- Service Plan 2023-24 was approved by PPSL Committee on the 21 June 2023 1.2 Regulatory Services consists of the multifaceted areas of environmental health, animal health and welfare, licensing standards, private landlord registration and short-term let licensing. These statutory services aim to protect public health and public safety and secure compliance with legislation and standards. Environmental Health is the branch of public health which deals with all aspects of the natural and built environment that may affect public health, together with animal welfare and licensing duties. 1.3 Regulatory Services is significantly under resourced and there is a national shortage of qualified environmental health professionals. For much of the reporting period (1 April 23 to 31 March 2024), there were up to 9 vacancies across the service including 4 Environmental Health Officers, and another 3 operational staff. As a result, the service has had to focus resources on higher priority areas of work, at the expense of lower priority and other work that we are unable to deliver and undertook a demand reduction exercise to manage our reactive workload more effectively, Notwithstanding, there has been good progress in delivering the service plan priorities and our key performance measures although the plans do not include all the statutory work that is expected of Regulatory Services. Special recognition should be given to the team for carrying out this work, under extreme pressure. 2.0 RECOMMENDATIONS 2.1 It is recommended that Members of the Planning, Protective Services and Licensing Committee: (a) Consider and note the achievements and performance by Regulatory Services in 2023/24. (b) note the Service is operating circumstances and recruitment difficulties, the continued need to direct resources to high priority activities, and to secure appropriate resources 3.0 REGULATORY SERVICES- SERVICE PLAN 2023-25 3.1 Regulatory Services is an enforcement service aimed at ensuring that the legislative standards are met by businesses and the public, as appropriate, across a wide range of disciplines. Our enforcement ethos is to work with others to secure these improvements through the provision of advice and information. Any enforcement is risk-based and proportionate to the risk to public health or safety, the risk of consumer detriment, non-compliance with statutory notices or where there is evidence of non-cooperation in meeting statutory requirements. Page 201 Agenda Item 11
Page 202
3.2 The Regulatory Service Work plan 2023-25 details the wide remit of the service, challenges and priorities and key performance targets for this period. Delivery of this overarching plan is dependent upon available resource and references a range of statutory plans including the Food Law Enforcement Plan, Health and Safety Law Enforcement Plan; Animal Health and Welfare Plan and NHS Highland/Argyll and Bute Council/Highland Council Joint Health Protection Plan. 3.3 Recruitment issues and operating with up to 20% of our qualified Environmental Health Officer resource for 23/24, has affected our performance and resulted in high risk priorities being targeted in the first instance. Due to the excellent work of the Regulatory Services team and their ongoing commitment, in difficult circumstances, there have been some significant achievements in 23/24, against the Regulatory Services- Service Plan 2023-24. Appendix 2 provides a summary of progress against the plan activities. 3.4 We have not delivered all aspects of the plan, due to a high reactive workload, including an increase in service requests and incidents. As a result, resources have been redirected to respond to the reactive workload, at the expense of planned activities. However, it’s worthy to highlight the following achievements i. Performance measures. Good performance against our key measures. Key National Performance Measure 2023/24 Target 2023/24 Actual Percentage of service requests resolved within 20 days- EH 75% 73% Percentage of service requests resolved within 20 days- Regulatory Services 75% 88% Percentage of planned high risk visits (e.g. food safety, animal health and welfare, licensing standards) completed 90% 90% ii. We have introduced a new management team, which is working well. iii. Service design. Completed and implemented a service redesign to address a range of issues with the previous operating model. It has reflected changes to service demands, new legislation, working practices (post COVID) and outcomes from staff engagement. It also future proofs the service embracing opportunities for new working arrangements and the use of technology. A new structure, which included minor changes to management arrangements, and the creation of a new Principal Officer role (replacing existing Lead Officer Roles), is in place and good progress is being made to provide a range of measures intended to deliver the review outcomes. The review was undertaken within the existing revenue budget. iv. Completed a demand reduction exercise to identify whether there are more efficient ways of responding to specific service requests and in some cases, find alternatives, and also not responding where the issue is low risk or outwith our remit, whilst providing appropriate information to enquirers. Reactive work detracts the team from planned activities and across the whole of Regulatory Services last year, we received in 4412 requests for service (excluding short-term let licensing and private landlord registration). This compares to 4555 for the same period in 23/24, although there was a 48% reduction in export health certificate requests and a 12% increase in the more resource intensive general environmental health service requests. v. Despite considerable efforts to recruit suitably qualified Environmental Health Officers to fill vacant posts, the Council have been unable to fill vacant posts, with some posts being vacant for 12-18 months. This situation is exacerbated by the national shortage of Environmental Health Officers in Scotland, increased competition to recruit to vacancies by other local authorities (some of which offer higher salaries) and a reducing number of young people entering the profession. Whilst we are actively participating in national work with the Society of Chief Officers of Environmental Health in Scotland, Royal Environmental Health Institute of Scotland (REHIS), Page 202
Page 203
Scottish Government and educational establishments, any outcomes are unlikely to be evident in the short-term. vi. Given the national shortage of qualified Environmental Health officers and inability to recruit, we developed a new career pathway for environmental health. This enables individuals, with suitable training, to be appointed and to undergo a structured training program/qualifications to progress from Graduate to Regulatory Services Officer to Environmental Health Officer, whilst carrying out an operational workload. We have recruited 2 new employees through this route as Regulatory Services Officer and discussions are ongoing with an existing employee to embark on this career pathway. vii. Food Safety. Reinstated a food control program focussing resources on the approved sector (i.e. manufacturers and exporters) and premises that serve vulnerable groups such as schools, hospitals and care homes. However, we have not restarted food interventions to general food premises viii. Health and Safety, Proactive inspection programme in three areas: bather safety in swimming pools; the risk of infection from animal contact establishments; and a sample of 20 spa pools and hot tubs. Seven enforcement notices have been served to address non-compliance. ix. Public Health, work continues in reviewing the National Guidance for investigating lead failures in relation to water supplies and implementing any changes required. We have reviewed and replaced as necessary, all signs and advice regarding Blue Green algae blooms in inland lochs. Recent appointment of the Principle EHO Public Health to the vacant post we enable us to review and prioritise actions from the Joint Health Protection Plan, investigations into cases of infectious disease in conjunction with NHS Highland. x. Private Water supplies: Implemented our PWS Improvement Action Plan and completed 129 risk assessments and carried out monitoring and sampling visits across 449 of our 764 regulated private water supplies (increase in regulated supplies from 562). These visits led to 308 investigations where results failed to meet prescribed drinking water quality standards. The number of monitoring visits has fallen this year slightly (from 500 in 2022) as we targeted an increase in risk assessments from 10% to 18%, but performance was affected by due to staff illness and absence. xi. Housing related activities. Resources in the Landlord Registration team were reduced to 50% despite repeated attempts to recruit. We continued to process registration and Houses in Multiple Occupation Licence applications. Area teams continue to respond to potential Statutory Nuisances as they relate to Housing conditions. In addition recent changes to the Repairing Standard in relation to lead pipework in contact with water supplies has meant increases in enquiries. xii. Animal Health and Welfare; Completed the review of the Animal Health Disease Plans and implemented appropriate measures locally, in response to the national avian influenza outbreak. Promotion of the new Scottish Kept Bird Register, which came into place on 1/9/2024 and required all keepers of birds with access to the outside environment to register their keeping of birds, irrespective of numbers kept. xiii. Licensing Standards. Completed 100% of their high risk inspection program of licensed liquor premises, responded to 777 occasional and extended licence applications, issued 144 welcome packs to new licensees, and responded to 1781 service requests xiv. Short–term let licensing. The tourism sector is critical to the economy of Argyll and Bute and this has led to a large volume of short-term let licences. Implementation of the Scottish Government scheme has been difficult and this has involved the reaction Page 203
Page 204
of a new team and given the temporary nature of this work, recruitment has been problematic. At the time of writing the report, there are over 3200 applications and the team have carried out excellent work, with 1013 licences issued. xv. Incidents: Responded to a variety of incidents including the investigation of a fatality at a leisure centre, major injury to an employee, hazardous substance consent, contaminated land issues and the national avian influenza outbreak affecting wild and domesticated birds. In Argyll and Bute, there were no reported outbreaks associated with domestic or commercial poultry xvi. Growing our own: Developed a new career pathway to Environmental Health whereby suitably qualified officers can be recruited into a Regulatory Services role and provided with appropriate training to become an Environmental Health Officer. Been successful in establishing a new EH management team in 2024 with the internal promotion to the Environmental Health Manager (West) post, and other employees taking up promoted, different or acting-up, posts within Regulatory Services. However, our recruitment difficulties are demonstrated by our inability to attract a suitably qualified candidate for the post of Graduate Environmental Health Officer, with a starting salary of £31,990 and a commitment to provide support and specialist training to attain the professional REHIS post graduate Diploma in Environmental Health, to become a qualified EHO 3.5 Challenges and issues facing Regulatory Services for 2024/25 are: 3.5.1 The service is not adequately resourced to undertake all its statutory responsibilities and work is assessed in a risk-based, proportionate approach having regard to public health. This is reflected in the service plans and priorities, exacerbated by recruitment difficulties in attracting qualified officers and high levels of vacancies, and external audits (Food Standards Scotland 2016, Scottish Government Drinking Water Quality Regulator 2022). 3.5.2 Managing risks: Regulatory Services continues to be under-resourced to deliver the Councils full statutory duties across environmental health and animal health and welfare. Our enforcement policy targets resources on high risk priorities, and intelligence-directed activities and this will continue. Whilst, a pragmatic approach to protecting public health, it does expose the Council to reputational damage as there is statutory work not being carried out and this potentially increases the risks of non-compliance and incidents, places a greater emphasis on businesses to manage their businesses safely, and public concerns that environmental health no longer respond to various issues, with an expectation that they consider their own civil actions. External audits will identify that the Council have insufficient resource to deliver statutory duties across Regulatory Services 3.5.3 Recruitment and resources: Our aim is to recruit to our vacant posts and achieve a full staffing complement. We have implemented a new career structure, redesigned posts and are working with our HR colleagues, to identify innovative ways of tacking this historic issue. Work is planned to identify the resource gap that exists between the current service and an appropriately resourced service, as this is unknown. In food safety(which is currently under- resourced by 3 FTE), we have calculated that we require an additional 5.5 FTE professional posts, above our current full complement and budget, Review existing vacancies and identify whether there is an alternative way of delivering services within the existing budget. For example, in private water supplies, appointment of new officers at a lower level post to complete training for risk assessment work; appointing an additional temporary member of staff to assist in addressing the increase in supplies funded from an increase in income Page 204
Page 205
3.5.4 Service redesign: To continue to work towards delivering all actions identified through service redesign and meet the 11 outcomes. This includes actions relating to communication, bedding in the new management and Principal Officer remits. Better use of digital systems and identifying ways of finding additional capacity, through improving our effectiveness through new ways of working and use of digital technology 3.5.5 National shortage. Participate in national discussions to address the shortage of qualified environmental health professionals and support local and national initiatives to promote environmental health as “a career of choice”. This includes promotion within schools and recruitment of a Student EHO, subject to the availability of a degree course, and internal resources to train them during their period of workplace attendance. The decision by the University of the West of Scotland not to accept new students into Year 1 of the BSc (Hons) degree course in Environmental Health (the only one in Scotland) in 2024/25 and 25/26 poses a significant risk to the profession and has delayed our ability to recruit a Student EHO, from the local community, that we could sponsor and support to become an EHO in the future. 3.5.6 Short-term let licensing: There are considerable challenges in assessing more than 3200 applications, due to resourcing difficulties and workload. All applications not determined within 12 months, are deemed granted, and the service is presently developing its strategy to deal with deemed licences and have communicated with the sector that applicants can continue operating meantime. Specific actions include the review our STL policy to take account of revisions to legislation, the deemed grant process and continue to determine the remaining, and new, applications for licence. Further work requires to be carried out to develop an enforcement program for licensed premises and to participate in consideration of potential Short-term let Planning Control Areas 4.0 CONCLUSION 4.1 The Council’s Regulatory Service continues to deliver its statutory duties with a continued focus on high risk work and intelligence- led interventions, at the expense of other statutory work. This manages public health risks but risks placing a greater emphasis on businesses to manage their businesses safely, and public concerns that environmental health no longer respond to various issues. Improvements can only be achieved through recruitment to vacant posts and additional funding. 4.2 The team worked hard in 2023/24 to deliver service priorities, as well as responding to high levels of unplanned work, and carrying out a service review 5.0 IMPLICATIONS 5.1 Policy – consistent with Council policies for protecting public heathy, better regulation and safer communities 5.2 Financial – Service operating within budget 5.3 Legal – statutory service under the Building (Scotland) Act 2003 and associated legislation. 5.4 HR – there are significant recruitment issues affecting the service at a local and national context. 5.5 Fairer Scotland Duty - the Fairer Scotland Duty, 5.5.1 Equalities - all activities comply with all Equal Opportunities/Fairer Scotland Duty policies and obligations. 5.5.2 Socio-economic Duty - all activities have complied with the council’s socio-economic duty. 5.5.3 Islands – interventions have been delivered across the Argyll and Bute area, including island communities. 5.6 Climate Change – work of service supports climate change and net zero 5.7 Risk – Council is not meeting its full range of Regulatory Services statutory duties and is Page 205
Page 206
managed in a risk-based targeted, proportionate approach. This increases the risk of external government audits identifying that the services are not fully resourced, reputational damage, and responding to incidents, rather than prevention 5.8 Customer Service – service seeks to meet the Councils customer standards is a front-facing regulatory service 5.9 Rights of the Child (UNCRC) – none Executive Director with overall responsibility for Development and Economic Growth: Kirsty Flanagan Policy Leads for Regulatory Services: Councillor Green. 02/10/2024 For further information contact: Alan Morrison, Regulatory Services and Building Standards Manager alan.morrison@argyll-bute.gov.uk. Fergus Murray, Head of Development and Economic Growth: fergus.murray@argyll-bute.gov.uk. APPENDICES Appendix 1: Key achievements and service activities Appendix 2: Progress report against Regulatory Services Service Plan 2023-25 Page 206
Page 207
Appendix 1: Key achievements and service activities Page 207
Page 208
Appendix 2: Progress report against Regulatory Services Service Plan 2023-25 Priority Progress report August 2024 Status 1 General management Continue general review of approach to work to improve effectiveness and efficiency (redesign). Including: Positive progress being made to deliver this outcome Service Management: To recruit an Environmental Health Manager (West) and build a new management team. Recruited to Environmental Health Manager (West) post and new management team working well Recruiting to vacant posts Significant issues recruiting qualified EHO’s, not assisted by national shortage (3 EHO vacancies with one since April 2023) Workforce planning: Continued focus on workforce planning and how to recruit, retain and develop our own workforce to combat the national shortage of environmental health and other regulatory professional staff. Introduced new career pathway to Environmental Health Officer to reflect national shortage of Environmental Health Officers through recruitment of suitable qualified candidates to Regulatory Services Officer post and career development to EHO. Presently 2 new employees employed in this route. Continued resourcing and recruitment issues. Good evidence of “growing our own” in all posts, with exception of EHO Service redesign. Complete the redesign of regulatory services to provide a service reflecting available resources, support succession planning, workforce development; demand management, and appropriate to meet future challenges Service redesign complete and Implementation Plan in place. Revised structure in place as of 12 August 2024 Performance: Review and develop improved methods of monitoring performance across all areas of work as part of the development of the performance framework, linked to resources; Performance review ongoing but model agreed to review and prioritise workload across the service Supporting Procedures: Clear & consistent work procedures to improve efficiency and avoid duplication of effort; Revised procedures to be taken forward in 24/25 as part of new arrangements, post service review ICT & Business Support: Continual improvement in use of digital technology to reduce administrative burdens and free up officer resources (e.g. MS365; remote inspections will reduce travelling etc) through better use of digital technology. Specific projects include the migration of electronic document management system, better use of MS365, continued transfer from paper-based or site-specific files to electronic documents; Electronic Document Management program and transition of MS365 ongoing. Linked to office rationalisation, data cleansing work ongoing. Introduced new Enterprise system to support officers manage their workloads more effectively. Page 208
Page 209
Officer Development: build capacity by improving learning and development process for officers; and the successful training of graduate environmental health officers and authorised food safety officers New career conversation process introduced to support professional and personal development across Regulatory Services. Recruitment difficulties in recruiting graduate EHO/Food Safety Officer but to be pursued in 24/25 Outcomes: Continue to demonstrate benefits and improve profile of work undertaken with greater use of opportunities of case management system reporting. Ongoing but outcomes not yet achieved due to delays in EDMS project Savings & Income: Increase income & identify further commercial opportunities and savings as part of Councils financial strategy Post EU Exit, there has been a significant reduction in Export Health Certificate work, and income, because of businesses changing their operating models. Shortfall of £100K annually. Benchmarking of fee and charges planned for 24/25 as part of budget process Where resource permits, work with other Council teams and external housing organisations/partners (e.g. Under One Roof, Shelter, Building Standards, Housing etc) to provide opportunities to engage with homeowners and landlords on housing standards and signpost to available support Lack of resource to develop this but this matter is incorporated within the Councils Housing Emergency Action Plan 2 Health & Safety at Work Enforcement To develop and deliver our Health and Safety Law Enforcement Workplan 2023-25. Health and Safety Law Enforcement Plan 23-25 approved by PPSL Committee on 23/09/2023 meets the requirements of LAC67/2 (rev 12), tailored around our available resource. Work in progress to develop the plan To devise and deliver a programme of health and safety interventions based upon Local Authority Circular (LAC67/2) (rev12), and the list of national priorities published by the HSE. The programme shall consist of work to deliver those national priorities set by HSE, work to deliver local priorities and an inspection programme that meets the requirements of the National Local Authority Enforcement Code. All pro-active health and safety work is targeted in accordance with the HSE priorities or where local intelligence identifies any health and safety related issue. Certain work-related incidents are reportable under the Reporting of Incidents, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Reports are screened according to approved criteria and those occasioning serious harm or indicating a significant breach of duty are selected for investigation. In 2023-2024 there were 23 reports received, of which 5 were selected for investigation. To resource and provide an effective response to serious work-related incidents, including, where necessary, preparing and submitting reports to the Crown Office Procurator Fiscal Service Work-related deaths are also investigated by Police Scotland, and our inspectors work closely with the Police and the Crown Office from the outset in these cases. One report was submitted to the COPFS in the period to date, relating to a workplace transport incident. The outcome of that report is not yet known. Incidents currently under investigation include: a fatality at a leisure centre; and a Page 209
Page 210
fatality involving an off-road vehicle. To provide appropriate advice and information to employers and other duty-holders on securing the health, safety, and welfare at work of their employees and the health and safety of other persons affected by the conduct of their undertakings. Advice on health and safety at work is provided on the Council’s website.2 b) Inspectors respond to requests for advice from employers and other duty-holders. c) On 17th August 2019, 24-year-old Kieran Cowan died after the unsafe boat hired to him capsized in previously forecast strong winds and high waves on Loch Awe. In January 2023, Clifford Davies and Janet Lightbown, the partners in Loch Awe Boats, were jointly fined £10,000 when they pled guilty to a breach of section 3(1) of the 1974 Act resulting in the death of Mr Cowan.3 The investigation by Argyll and Bute Council found that customers had been exposed to risks through hiring out a boat which failed to comply with the stability and safety requirements of the Hire Boat Code. Because of this incident, health and safety inspectors have been scrutinising safety documents and procedures submitted with boat hire licence applications and providing advice to the Licensing team to improve the protection of boat-hirers, most of whom will be unfamiliar with boats. Particular attention is being paid to the suitability and use of personal flotation devices provided to members of the public. To maintain the competence of the appointed health and safety inspectors to identify and intervene on matters of evident concern when undertaking other regulatory visits to premises. Key projects include: • Building safety hazards arising from fragile roofs and unsafe shop signs; • Infection hazards from animal contact in the commercial leisure sector; • Safety of inflatable amusement devices; • Gas safety in catering premises; • Carbon monoxide from solid fuel catering appliances; and • Legionella control in spa pools in commercial use. Regular in-house training is provided to inspectors, and they can attend external courses and webinars which are appropriate to their duties. An emphasis is put on the skills required for criminal investigations and reporting to the Crown Office. Inspectors are expected to deal with matters of evident concern relating to workplace health and safety when conducting other duties in premises for which the Council is the enforcing authority. Examples of cases dealt with include: a. exposed 415V electrical conductors in linen cupboards in an hotel exposing employees to the risk of electric shock, burns and electrocution; b. damaged asbestos pipe lagging in an hotel basement exposing employees to asbestos fibres; c. an unguarded industrial fan used to ventilate a shop exposing members of the public, and particularly children, to the risk of amputation; d. unguarded planetary mixers in a catering premises exposing workers to the risk of serious personal injury; e. failure to maintain gas installations in a safe condition in catering premises, exposing employees to the risk of exposure to carbon monoxide. 16 improvement notices, 5 immediate prohibition notices, and 2 deferred prohibition notices were served in the period to August 2024. 1 prohibition and 1 improvement notice remain under appeal to the Employment Tribunal. Page 210
Page 211
3. Licensing enforcement and administration To deliver the licensing scheme for short term let accommodation. hort term let licensing regime is in place, together with STL Policy, which was revised by Council in September 2023. New team in place to deliver this scheme, although there have been resourcing issues in recruiting suitable qualified staff to these roles. Significant challenge to process and determine more than 3020 applications. To review the arrangements for maintain a public register for all licences administered by Regulatory Services and develop a new suite of on-line public registers for all such licences New in-house Oracle information management system in place to support the STL regime and to produce the statutory public register which is available via the website. An initial review of all licences issued by Regulatory Services and public registers is planned in Q3/4 of 24/25. Public Registers of Licences issued by Environmental Health and Animal Health are available on the Councils Website. To complete the review of all Council licensing functions with the aim of improving their effectiveness and identify any efficiencies Review of licensing functions across Regulatory Services has been reprogrammed for 25/26, given significant challenges in meeting demand from STL licensing regime 4, Private Water Supplies Review the charging fees for private water supply related work. Fees and charges to be reviewed in 2024/25 on recruitment of the Principal EHO post, which has been vacant for 12 months pending outcome of service redesign Continue to use a risk-based system approach to the prioritising of the PWS monitoring and refocusing our risk assessment programme on regulated /commercial supplies. Risk assessment program has been focussed on regulated/commercial supplies but progress in delivering the plan has been delayed due to staff absence and vacancies. One existing part time post has been provided with additional hours and two new Regulatory Services Officers have been recently appointed, training is ongoing, and this will improve performance over 24/25 Deliver the PWS Improvement Action plan which was developed to address the outcomes of the DWQR Supervisory visit in 2022 This plan was developed and resulted in an increase to completed risk assessments from 55 (total up to 2022) to 129 (total to July 2023) this is a significant increase over the year but was accompanied by a reduction in sampling work (96% of supplies (500/552 supplies) in 2022, and 58% (449/764 supplies) in 2024. It should also be noted that the total number of supplies also increased in 2023 from 552 to 764 regulated supplies. Positive progress agreed with DWQR, and plan extended for 24/26 regarding RA activity at expense of sampling. The impact of legislative changes in 2017 and statutory obligations on the Council to monitor and regulate private water supplies is its area has placed additional workload and resource requirements on the team. A review of workload and resources to be completed in 2024 to identify the resources needed to meet our obligations and provide a sustainable workforce going forward. Additional temporary, sampling post agreed for 2024/5 to progress sampling as well as enable continued focus on risk assessments, following absences in wider team. Further review planned for 25/26 to consider routine workload following additional supplies being identified to cover both long-term lets and an increase in STL’s notified due to licensing requirements. Page 211
Page 212
Continue to work in partnership with NHS Highlands concerning reports of illness with links to PWS. Effective arrangements are in place between Council and NHS Highland, through our Joint Health Protection Plan 24/26 Advise, educate, and promote the private water supply grant funding scheme so that supplies are improved to provider safer drinking water. This work is ongoing and continues although uptake has slowed. In 2023/4 25 grant applications were received for carrying out improvements, 9 applications were approved to go ahead and 6 were paid out. Since 2006 over £2.2m has been paid for improvement to PWS within Argyll and Bute. Review the Council’s PWS Grant Policy to look at the eligibility criteria for hardship and consider enhanced funding for supplies that experience prolonged water scarcity and/or lead contamination This work has been delayed due to vacant lead officer post. Successful recruitment was carried out in August 24 and the work will be reprogrammed into work plan for 24/25 Complete digitisation of all PWS paper files onto the environmental health electronic document management system. Review the existing PWS registers to enable production of a single Register, and update PWS layers on GIS to reflect properties served and NGR types Digitation of PWS files is ongoing as is the review of the public register. Identification of a suitable scanning company is required and had been anticipated to take place at some offices that had undergone our modern workspace changes, but this has not yet occurred 5 Food Control To secure Committee approval for our Food Law Enforcement Workplan for 2023-2025 and implement measures to deliver it. Food Control Law Enforcement Plan 2023-25 approved by PPSL Committee on 18/10/2023. Work in progress to develop the plan Continue to work with Food Standards Scotland on the review of the approach to Food Control following the pandemic. The Service is also engaged in an emergent national Scottish Authorities Food Enforcement Rebuild (SAFER) project to redesign the approach to Food Control applying limited resources to maximum effect and in the longer term to provide assurance in public health protection, with sufficient and sustainable resources to deliver the required work. The review may include a novel approach to publication of inspection information Scottish Local authorities, including Argyll and Bute Council, continue to work with Food Standards Scotland to support work on the Scottish Authorities Food Enforcement Rebuild (SAFER) project. There is no update to provide meantime and FSS continue to lead this project Review demand from export food business for export health certification and attestations to identify resourcing requirements and the financial implications from new business trading models which are focussing on commercial hubs established post EU Exit. Demand for export health certificates has fallen significantly post EU Exit as businesses have changed their operating models. The larger export companies are using the benefits from commercial hubs rather than seeking certificate from each local authority. The impact from Argyll and Bute has been exacerbated by Loch Fyne Oysters decision to move their smokery process outwith the area. To illustrate this situation, in 2021/22, Argyll and Bute issued 1470 export health certificates with total income of £137,817.70. For the same period in 23/24, 433 export health certificates were issued with an income to the Council of £40,639.20 Page 212
Page 213
Food Control – Inspection Priorities It must be noted that investigations, or enforcement action, significant to public health will take priority over the targets specified below. Priority 1: High Risk Food Program To undertake Official Control Verification completing verification of all *Critical Control Points, *Operational Prerequisite Programmes, *Traceability, *Authenticity and *Integrity arrangements within all Approved and other High-Risk Food Business Operators. (Target 95%) Priority 1: High Risk Food Program We have implemented in a programme of visits to all premises requiring official controls, and in addition have commenced a programme of high-risk premises serving the most vulnerable groups. This project started in March 2024 and is planned to finish September. There was a delay due to loss of some resources however, posts have been advertised and are in the process of being filled/filled. Approved Food Premises (Priority 1) Other High Risk Food Premises (Vulnerable Group Project and other intelligence lead inspections No of high risks interventions planned 49 27 No carried out 39 27 Priority 2: Mid-range Risk Food Program (Intelligence Informed) To establish based on intelligence an inspection programme applied to medium risk Food Business operators which may require a formal intervention and integrate them into an inspection program to be carried out by authorised officers of the Council or appointed contractor. Priority 2: Interventions work ongoing but limited due to resourcing, to food businesses providing to vulnerable groups (schools and residential homes for eth elderly) work ongoing but limited due to resourcing, to food businesses providing to vulnerable groups (schools and residential homes for the elderly) Priority 3 Mid-Range Food Programme (Assurance Informed) To establish based on representative and randomised sampling an inspection programme applied to medium risk Food Business Operators which may require a formal intervention and to integrate them into an inspection program to be carried out by authorised officers of the Council or appointed contractors and which will provide on the basis of a sample of FBOs an indication of the state of compliance of all FBOs under the Council’s jurisdiction. Priority 3 - this work has not yet commenced but remains in the programme for Q4 2024, Q1 2025 Priority 4: Low Risk & Unrated Food Business Operators (Intelligence Driven) Ensure that all low risk and unrated or new food hygiene premises are allocated with an appropriate risk and intervention Priority 4 - This work remains ongoing; procedures have been agreed for desktop assessments as appropriate and to amend administrative processes to enable more efficient processing of registration forms. This process we allow officers to target interventions as necessary more effectively. There remains approx. 500 unrated FLRS premises, distributed equally over the last 5 years the project to reduce this number had reduced the historic ones but resource issues have meant recent numbers have increased. Page 213
Page 214
Continue to engage with partners in Scottish Government and Industry to ensure EH Service is structured and financed to best facilitate the needs of the export market and appropriate arrangements are in place for imported food. Ongoing, including participating in a Scottish wide time recording exercise for food control, discussions on the SAFER project, chairing the OCV Working Group, Deliver a Food Sampling plan focussed upon the Official verification of High Risk FBOs Food sampling plan commenced in 2023 and continues into 2024. We also participation in the national FSS priority sampling topics. Samples that highlight results indicating non-compliance issues are followed up with the originating business with actions taken as appropriate. 6 General Public Health Protection Implement and deliver the priorities defined in the Joint Health Protection Plan 23/25, working in conjunction with other partners and through our statutory work Health Protection Plan was approved by Argyll and Bute Council on the 19 April 2023. Plan also approved by Highland Council and NHS Highland Assess the adequacy of public health controls at airports and ports across Argyll and Bute Review of port and airport health arrangements delayed due to vacancy. Review to be progress in 24/25 Review the Councils temporary mortuary arrangements in Tiree to identify whether there is a continued need to provide this facility Review of temporary mortuary facilities in Tiree to be undertaken in 24/25 Review and update of all risk assessments in regard of Blue Green Algae (BGA) affected water bodies and update as appropriate. Review of effectiveness of the 2022 project that used semi-permanent signage as a route to inform the public more widely of issues relating to BGA Review of blue-green algae arrangements delayed pending national review of standards. Work to be progressed early 2025 but operational response in place to respond to any blue-green algae incidents, and semi-permanent signage in place at high-risk lochs across Argyll and Bute. All signage for 2024 reviewed and replaced as necessary and notifications recorded for risk assessment, with additional temporary signage provided as appropriate. 7 Environmental Protection Local Air Quality Management: Continue to monitor and review nitrogen dioxide levels at locations where members of the public might be regularly exposed and where there is the potential for poor air quality because of traffic emissions Prepare and submit the Annual Progress Report to the Scottish Government Local Air Quality progress report submitted to Scottish Government in June 2024 and concluded that air quality in Argyll and Bute remains good. Page 214
Page 215
Establish a strategic approach to LAQM Strategic AQR Group to be convened late 2024 Respond to concerns and enquiries regarding local air quality impacts Arrangements in place to highlight local air quality issues relating to planning applications. Review Air Quality impact reports submitted to support planning applications Continue to highlight potential air quality impact within Planning and Development control Participate in National initiatives to improve air quality Ongoing Land Contamination a) Continue to liaise within Development Management to ensure land contamination issues are appropriately considered. Ongoing liaison with development management colleagues and weekly planning lists regularly reviewed b) Review weekly planning lists for developments with potential land contamination issues. Site investigation reports are reviewed as part of assessment to determine whether investigations are adequate to discharge planning conditions. There is currently a backlog of investigations to assess. Given the extent of this work, the Council have had to outsource this work to an external consultant, to meet demand. This option is unsustainable as the costs are unbudgeted and options are being considered. c) Review land contamination investigation and assessment reports submitted to support redevelopment. Project ongoing to digitise historic land uses through a Temporary Environmental Protection Information Officer. Project on target to be completed by 30/10/24 and funded jointly by environmental health and development management. d) Update and improve information on historic land use; creation of a potentially contaminated land database (GIS layer) Ongoing liaison with developers at an early pre-planning application stage e) Liaise with developers or their agents regarding potential land contamination as early in the development process as possible Ongoing liaison between SEPA and Council Page 215
Page 216
f) Continue to liaise with SEPA regarding water environment impact and assessment Ongoing investigations into a potentially contaminated site within our area. a) Respond to concerns and enquiries regarding land contamination Ongoing b) Consider potential land contamination concerns in terms of formal Part IIA investigation Ongoing g) Review the Council’s Contaminated Land Strategy Review of contaminated land strategy planned for February 2025 h) Maintain the Council’s Contaminated Land Register Councils Part IIA register is maintained and there are no properties or sites currently on the register. General Environmental Protection Liaise with and support environmental health on issues such as burning, environmental noise, vibration, dust, vapours a) Measures in place to respond to issues and support teams. b) Demand reduction exercise undertaken to review our response to service enquiry types and free-up resources from this resource-heavy reactive work. Total (1/4/23- 31/3/24) % responded to within 20 working days (target is 75%) % responded to and completed Number of service requests received 2335 73% 99% Support Service Management Team on National environmental issues such as relevant National consultations and preparation of briefing notes on National initiatives (e.g. Deposit return scheme) Ongoing Support Service Management Team on local environmental issues such as Health Protection, Energy and Renewables, Pollution incidents Ongoing Liaise with GSS and SEPA on the investigation and monitoring of pollution incidents and complaints (e.g. vapour, fumes, and fuel leaks) Ongoing 8 Short-term let licencing Note: There are considerable challenges in assessing more than 3200 applications, due to resourcing difficulties and workload. All applications not determined within 12 months, are deemed granted, and the service is presently developing its strategy to deal with deemed licences. Page 216
Page 217
Notwithstanding this, they require formally assessment, but the “deemed” process allows hosts to continue operating this business. a) Deliver and promote the short-term let licensing scheme across Argyll and Bute Council and determine all applications for licence a) Arrangements in place to deliver the short-term let licensing regime. To date, there has been 3200 applications received by the Council and 1032 granted b) Review and develop procedures and systems relating to the licensing scheme b) Policies and procedures have been reviewed. Formal review of STL Policy approved by Council in September 2023. A further review is ongoing to reflect changes to legislation and the deemed grant policy c) Effective engagement with hosts, consultee, stakeholders, and other agencies (e.g. Association of Scottish Self Caterers, Wild Argyll etc.) c) There is ongoing liaison with other agencies and the sector d) Support the work of the Council and Loch Lomond and the Trossachs National Park to consider the need for Short Term Let Planning Control Areas. d) All STL applications have been digitised and are available to planning authorities in assessing the appropriateness or necessity for short term let planning control areas. 9 Private landlord registration a) To determine applications for renewal or new private landlord registration applications Arrangement in place to determine registrations for renewals or new landlords or let properties. There are presently 3349 private landlords (that are either registered or have submitted an application to renew) and 235 new landlord applications providing just under 5000 properties for let across Argyll and Bute (some landlord jointly own a property and others have multiple properties) b) To provide advice and assistance to landlords seeking to register, and tenants raising concerns, in respect of the operation of the scheme and signpost to additional assistance as appropriate. This work is ongoing c) Develop a procedure for ensuring complaints regarding private lets are investigated and actioned appropriately including the ability to make reports to the first-tier tribunal and design of a tenant's information pack/leaflet for circumstances where our direct intervention is not appropriate Advice is provided to those who contact the team, signposting to other departments is also carried out. Delay in tenants' information pack production due to vacant post. Page 217
Page 218
d) Investigate unregistered landlords and those with incomplete registrations to ensure compliance. Take enforcement action as appropriate against those who are non-compliant, including refusal of registration application referrals to Housing and Property Chamber. The service has been unable to recruit a Registration Assistant for 12 months despite repeated attempts. As a result, this action has been paused meantime, unless their intelligence identifies the need for urgent intervention. Tacit approval of longstanding applications that contain <3 premises has commenced, given landlords are entitled to let premises unless a decision is made and a suggested tacit approval at 1 year exists, but has not yet been commenced. These are marked in our system pending further intelligence 10 Licensing Standards (Liquor) a) To deliver the Argyll and Bute Councils Licensing Standards Workplan for 23-25 b) Service plan for 23/24 achieved and 24/25 plan in place c) Take appropriate action(s) in response of service requests and applications for new licences, renewals and for occasion and extended hours. a) This work is inbuilt into the work program for licensing standards officers and over the year, a total of 112 licensed premises were inspected, 777 applications for occasional and extended licences were considered together with 1781 service requests responded to d) Support the work of Safety Advisory Groups to secure safe and successful events. b) Licensing Standards Officers continue to support events and the work of the Safety Advisory Groups, for the larger events 11 Animal Health and Welfare a) The proportionate and effectiveness enforcement of animal health and welfare across Argyll and Bute to secure compliance. This is an inherent part of the animal health and welfare services enforcement policy b) Working with stakeholders, deliver the Councils Animal Health and Welfare Framework Service Plan for 23-25 Animal Health and Welfare Framework Service Plan 23/25 was approved by PPL Committee on the 20/09/2023 and measures are in place to deliver this, including liaison with other agencies including Animal Health and Plant Agency. c) Continue to maintain an overview of the potential impact of the proposed new Scottish Veterinary Service on animal health and welfare services within local authorities. The Scottish Government have confirmed that they will not be progressing with the Scottish Veterinary Service at this time. d) Provide support, through advice and enforcement, to agricultural industry and wider communities on animal disease issues, including avian influenza Ongoing provision of support and enforcement actions e) Review the Councils animal health disease outbreak plans and arrangements to improve our level of preparedness. The review of the Councils animal health disease plan and specific plans is complete (e.g. avian influenza, blue tongue etc) to align them to the West of Scotland Regional Resilience animal disease plans. Page 218
Page 219
Note: The mobile anthrax incinerator which we provided for our use, and for other local authorities, has been decommissioned as it has not been possible to source a gas safety engineer qualified to assess the incinerator. Page 219
Page 220
This page is intentionally left blank