argyll and bute council development & infrastructure ... · in accordance with the pda brief....

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Argyll and Bute Council Development & Infrastructure Services 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: 17/00714/PP Planning Hierarchy: Local Applicant: Torr Gorm Developments Ltd Proposal: Formation of 40 pitch campsite including hub buildings and associated access and drainage works Site Address: Land South of Pier Cottage, Salen, Isle of Mull, Argyll and Bute, PA72 6JB DECISION ROUTE Local Government (Scotland) Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission Formation of 40 pitch campsite Erection of hub building Erection of cycle hub building Erection of bin store Upgrading of vehicular access Installation of sewage treatment plant (ii) Other specified operations Connection to private water supply (B) RECOMMENDATION: That planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Area Roads No objections subject to conditions. Report dated 3 rd April 2017 SEPA No objection. Letter dated 23 rd February 2017

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Page 1: Argyll and Bute Council Development & Infrastructure ... · in accordance with the PDA brief. The proposal would therefore accord with the terms of the PDA as defined by the LDP

Argyll and Bute Council

Development & Infrastructure Services 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: 17/00714/PP Planning Hierarchy: Local Applicant: Torr Gorm Developments Ltd Proposal: Formation of 40 pitch campsite including hub buildings and

associated access and drainage works Site Address: Land South of Pier Cottage, Salen, Isle of Mull, Argyll and Bute,

PA72 6JB DECISION ROUTE Local Government (Scotland) Act 1973 (A) THE APPLICATION

(i) Development Requiring Express Planning Permission Formation of 40 pitch campsite Erection of hub building Erection of cycle hub building Erection of bin store Upgrading of vehicular access Installation of sewage treatment plant

(ii) Other specified operations

Connection to private water supply

(B) RECOMMENDATION: That planning permission be granted subject to the conditions and reasons appended to this report.

(C) CONSULTATIONS:

Area Roads No objections subject to conditions. Report dated 3rd April 2017 SEPA No objection. Letter dated 23rd February 2017

Page 2: Argyll and Bute Council Development & Infrastructure ... · in accordance with the PDA brief. The proposal would therefore accord with the terms of the PDA as defined by the LDP

Environmental Health No objection subject to condition. Memo dated 2nd June 2017 Core Path Team No response at time of report and no request for an extension of time Development Policy Comments submitted regarding the request to have the PDA extended during the 2013 LDP consultation and the Reporter’s conclusions and recommendations and how this integrates with the current proposals. E-mail dated 16th May 2017. Historic Environment Scotland No comments to make. Letter dated 12th April 2017 West of Scotland Archaeology Service No substantive archaeological issues raised. Letter dated 11th May 2017 Flood Risk Officer No objection. Report dated 15th May 2017 Oban Disability Forum General comments provided. E-mail dated 8th May 2017

(D) HISTORY:

14/01282/MPLAN Masterplan in relation to Argyll and Bute Proposed Local Development Plan 2013 designation PDA 6/23 allocated for water based tourism/commercial development. Application withdrawn. 14/01243/PP Formation of campsite (part retrospective) - Masterplan in relation to Argyll and Bute Local Plan 2013 designation PDA 6/23 allocated for water based tourism/commercial development. Withdrawn 2nd March 2017

(E) PUBLICITY:

The proposal has been advertised in terms of Regulation 20 procedures, closing date 4th May 2017

(F) REPRESENTATIONS: No representations have been received during the determination of the

application. (G) SUPPORTING INFORMATION

Has the application been the subject of:

Page 3: Argyll and Bute Council Development & Infrastructure ... · in accordance with the PDA brief. The proposal would therefore accord with the terms of the PDA as defined by the LDP

(i) Environmental Statement: No

(ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994:

No

(iii) A design or design/access statement: Yes

(iv) A report on the impact of the proposed

development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc:

No

(H) PLANNING OBLIGATIONS

Is a Section 75 agreement required: No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,

31 or 32: 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.

Policy LDP STRAT 1 – Sustainable Development LDP DM 1 – Development within the Development Management Zones LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment LDP 4 Supporting the Sustainable Development of our Coastal Zone LDP 5 – Supporting the Sustainable Growth of Our Economy LDP 8 – Supporting the strength of our communities LDP 9 – Development Setting, Layout and Design LDP 10- Maximising our Resources and Reducing our Consumption LDP 11 – Improving our Connectivity and Infrastructure Supplementary Guidance SG LDP ENV 14 – Landscape SG LDP ACE 1 – Area Capacity Evaluation (ACE) SG LDP BUS 2 - Business & Industry Proposals in the Countryside ZonesSG LDP BUS 5 – Economically Fragile Areas SG LDP SERV 1 – Private Sewage Treatment Plants and Wastewater (i.e. drainage) Systems SG LDP TOUR 1 – Tourist Facilities and Accommodation, Including Static and Touring Caravans SG LDP PG 1 – Planning Gain SG LDP BAD 1 – Bad Neighbour Development

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SG LDP SERV 1 – Private Sewage Treatment Plants and Wastewater (i.e. Drainage Systems) SG LDP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems (SUDS) SG LDP SERV 5(b) – Provision of Waste Storage & Collection Facilities within New Development SG LDP SERV 6 – Private Water Supplies and Water Conservation SG LDP SERV 7 – Flooding and Land Erosion – The Risk Framework for Development SG LDP TRAN 2 – Development and Public Transport Accessibility SG LDP TRAN 3 – Special Needs Access Provision SG LDP TRAN 4 – New & Existing Public Roads and Private Access Regimes SG LDP TRAN 6 – Vehicle Parking Provision Sustainable Siting and Design Principles

(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 4/2009.

Scottish Planning Policy 2014

Landscape Assessment of Argyll and the Firth of Clyde (SNH 1996) Argyll and Bute Sustainable Design Guidance 2006 Consultation responses Masterplan PDA 6/23

(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No

(L) Has the application been the subject of statutory pre-application

consultation (PAC): No (M) Has a sustainability check list been submitted: No (N) Does the Council have an interest in the site: No (O) Requirement for a hearing: No (P) Assessment and summary of determining issues and material

considerations

Planning permission is sought for the formation of a 40 pitch campsite including hub buildings and associated access and drainage works on Land South of Pier Cottage, Salen, Isle of Mull. The site is located to the north of Salen which is identified in the Local Development Plan as a key rural settlement within Argyll and Bute. Part of the site itself is located

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within Potential Development Area (PDA) 6/23 for tourism/commercial development and part of the site is within the Countryside Zone. This application represents the first phase of a proposed five phase development which is subject to a separate master plan (our ref: 17:00307/MPLAN), which is recommended for approval and appears elsewhere on this agenda. Part of the site lies within the designated Countryside Zone wherein policy LDP DM 1 gives encouragement to appropriate infill, rounding-off and redevelopment and changes of use of existing buildings. In exceptional cases development in the open countryside up to and including large scale may be supported on appropriate sites if this is underpinned by an ACE. The planning assessment concludes that whilst part of the development is located outwith the adopted PDA boundary, by having regard to the arguments advanced by the applicant, the economic benefits the development will bring and the appropriateness of the development in terms of visual and landscape impacts; underpinned by a robust ACE assessment, it is considered that the development accords with the policies of the Local Development Plan and should be supported.

(Q) Is the proposal consistent with the Development Plan: Yes (R) Reasons why Planning Permission or Planning Permission in Principle

should be approved:

The proposal is for a tourism development on the Isle of Mull. Policy LDP5 promotes the sustainable growth of our economy and the LDP notes that delivery will be achieved by a greater focus on potential main growth sectors which includes tourism.

The site is located within the countryside, part of which is designated as a PDA for tourism / commercial development. Consideration requires to be given to the acceptability of the proposed development in terms of the countryside designation.

Part of the proposal is within an area designated as a PDA for tourism / commercial development and the applicant has provided a masterplan for the whole of this area which demonstrates that the site can be developed in a coordinated manner in accordance with the PDA brief. The proposal would therefore accord with the terms of the PDA as defined by the LDP.

The proposed development goes beyond the limits of the PDA boundary with an element of the development proposed being located within the open countryside adjacent to the PDA.

Policy LDP DM1 is supportive of up to large scale development in the open countryside subject to an exceptional case being made.

In this case, the development is considered to be an exceptional case having regard to the economic benefits of the proposal in terms of direct employment, wider benefits to the economy of Salen as well as this being the first phase of an overall masterplanned development which would bring economic benefit to the area.

Following on from the exceptional case being made and accepted an Area Capacity Evaluation (ACE) has been undertaken which has confirmed the acceptability of the site for the proposed development. Furthermore the ACE

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assessment, along with the proposed mitigation measures, adequately addresses the Reporter’s previous concerns regarding the development of the raised shelf. Taking account of the above, it is considered that the proposal would accord with Policy DM1 of the adopted LDP.

(S) Reasoned justification for a departure to the provisions of the Development

Plan

Not applicable

(T) Need for notification to Scottish Ministers or Historic Scotland: No Author of Report: Andrew Barrie Date: 4th August 2017 Reviewing Officer: Tim Williams Date: 4th August 2017 Angus Gilmour Head of Planning & Regulatory Services

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 17/00714/PP

GENERAL 1. The proposed development shall be carried out in accordance with the details

specified in the application form dated 13th March 2017 and the approved drawings numbered 1 of 10 to 10 of 10 and stamped approved by Argyll and Bute Council.

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings. Standard Note: In terms of condition 1 above, the council can approve minor variations to the approved plans in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997 although no variations should be undertaken without obtaining the prior written approval of the Planning Authority. If you wish to seek any minor variation of the application, an application for a non-material amendment (NMA) should be made in writing which should list all the proposed changes, enclosing a copy of a plan(s) detailing these changes together with a copy of the original approved plans. Any amendments deemed by the Council to be material, would require the submission of a further application for planning permission.

ACCESS AND PARKING 2. Notwithstanding the provisions of Condition 1, the proposed access shall be formed

in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a with the service lay-by located to south of the access. The access should be widened to 5.5minimum with the service bay 11m long; Visibility splays of 2.4 metres to point X by 42 metres to point Y from the centre line of the proposed access shall be provided. 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 in accordance with Policy LDP DM 11 and Supplementary Guidance SG LDP TRAN 4 of the adopted ‘Argyll and Bute Local Development Plan’ 2015. 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.

3. Prior to the operation of the development hereby approved, vehicle parking of 1

space per pitch plus 8 spaces as indicated on approved drawing 16-129-103 rev C shall be provided and shall be maintained as such thereafter in perpetuity.

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Reason: To enable vehicles to park clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road in accordance with Policy LDP DM 11 and Supplementary Guidance SG LDP TRAN 6 of the adopted Argyll and Bute Local Development Plan 2015.

4. No development shall take place on the site until a passing place on the A848 Ardmore Road at a location and specification agreed with the planning authority in conjunction with the roads authority has been fully implemented. Reason: In the interests of road safety and to ensure a timeous provision of off-site road improvements before construction work commences on site in accordance with Policy LDP DM 11 and Supplementary Guidance SG LDP TRAN 4 of the adopted Argyll and Bute Local Development Plan 2015.

WATER, DRAINAGE AND FLOODING 5. Notwithstanding the provisions 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 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 in accordance with Policy LDP DM 10 of the adopted Argyll and Bute Local Development Plan 2015. Note to Applicant: Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk

6. Prior to the development commencing; a full appraisal to demonstrate the wholesomeness and sufficiency of the private water supply to serve the development shall be submitted to and approved in writing by the Planning Authority. This assessment shall be carried out by a qualified and competent person(s). Such appraisal shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 and shall on the basis of such risk assessment specify the means by which a wholesome and sufficient water supply shall be provided and thereafter maintained to the development. Such 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. Furthermore, the development itself shall not be brought into use or occupied until the required supply has been installed in accordance with the agreed specification. Reason: In the interests of public health.

EXTERNAL LIGHTING 7. No exterior lighting shall be installed anywhere on the site without the prior written

consent of the Planning Authority. All exterior lighting should be installed in a manner which avoids conflict with adjacent residential properties and road users and which minimises light spillage out with the site boundary.

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Reason: In the interests of visual amenity and in order to safeguard residential amenity and road safety by avoiding potential nuisances from on-site lighting.

USE OF SITE 8. The site shall be occupied as a tourist site solely by motorhomes and/or touring

caravans (up to a maximum of 10) and tents (up to a maximum of 30) used for the purposes of overnight stays, with stances/pitches distributed as per the approved details, other than in the event of any subsequently approved layout having been approved in writing. This planning permission does not permit the use of the site by static caravans for any purpose. Reason: In order to define the terms of the permission and for the avoidance of doubt.

LANDSCAPING 9. Notwithstanding the provisions of Condition 1, prior to development commencing full

details of the intended landscaping of the site shall be submitted for the written approval of the Planning Authority. These details shall have regard to the indicative proposals shown on the approved landscaping drawing number 16-129-106 and shall include:

a) The location, species, number, size and planting distances of trees to be planted (all tree planting to be native species);

b) The location, species, number, size, and planting distances of shrubs to be planted (all shrubs to be native species):

c) Proposed measures to secure establishment, including soil preparation, control of weeds and means of excluding grazing animals;

d) Intended monitoring and maintenance for the first 5 years following planting.

The duly approved mounding shall be completed prior to the use being first commenced, and the landscaping shall be completed in the first planting season following the commencement of the use. Any planting which fails to become established, which is removed, is grazed by animals or becomes diseased or dies, within five years of being planted shall be replaced in the following planting season by equivalent sizes and species as those originally required to be planted. Reason: In order to help assimilate the development in its landscape setting in the interests of visual amenity.

ARCHAEOLOGY 10. No development shall be commenced until the developer has secured the

implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and has been agreed by the West of Scotland Archaeology Service and approved in writing by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

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Reason: In order to protect archaeological resources in accordance with LPD 3 and SG LDP ENV 20.

NOTE TO APPLICANT The length of the permission: This planning permission will last only for three years

from the date of this decision notice, unless the development has been started within thatperiod. [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).

In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

In addition to this planning permission a Caravan Site Licence will require to be

obtained from the Council prior to the development being brought into use. This should be applied for via the Council’s Environmental Health Department (tel: 01631 567914).

Any enquiries regarding the improvements required to the two means of access to the

site should be directed to the Council’s Roads Engineers (tel: 01546 604682). The works will require a Road Opening Permit to obtained from the Roads Engineers in accordance with Section 56 of the Roads (Scotland) Act 1984. Surface water drainage will be required to avoid discharge of surface water onto the public road.

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APPENDIX A – RELATIVE TO APPLICATION NUMBER: 17/00714/PP PLANNING LAND USE AND POLICY ASSESSMENT A. Settlement Strategy

Planning permission is sought for the formation of a 40 pitch campsite including hub buildings and associated access and drainage works on Land South of Pier Cottage, Salen, Isle of Mull.

The site is located to the north of Salen which is identified in the Local Development Plan as a key rural settlement within Argyll and Bute. Part of the site itself is located within PDA 6/23 for tourism/commercial development and part of the site is within the Countryside Zone.

This application represents the first phase of a proposed five phase development which is subject to a separate master plan (our ref: 17/00307/MPLAN), which appears elsewhere on the agenda and is recommended for approval.

PDAs are areas identified by the Council where they can contribute to economic development and environmental improvement and where a comprehensive approach to prospective development is warranted in order to avoid unplanned piecemeal development.

PDAs are defined in the plan as areas of land where opportunities may be supported through the lifetime of the Local Development Plan where known constraints are expected to be surmountable. The Action Programme identifies the use or range of uses considered appropriate, the constraints that need to be resolved and the main LDP policies and SG that need to be taken into account. In this case the following constraints are identified:

Access constraints/road safety issues

Comment: The area roads officer has not raised any objections to the proposed development subject to conditions.

Sewage capacity Comment: It is proposed to install a new septic tank adequately sized to serve the proposed development with an outfall to the sea. SEPA have been consulted on the proposal and they have not raised any objections.

Water capacity Comment: It is proposed to utilise a private water supply and environmental health have been consulted and have not raised any objections to the proposal subject to condition.

Flood risk Comment: SEPA and the Council’s Flood Risk Officer have both been consulted and neither has raised any objections on flood risk grounds.

Masterplan/comprehensive approach required

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Comment: A masterplan has been submitted and is recommended for approval. This planning application represents the first phase out of the proposed five phase development.

Part of the site lies outwith the boundary of the PDA with the Countryside Zone wherein LDP DM 1 gives encouragement to appropriate infill, rounding-off and redevelopment and changes of use of existing buildings. In exceptional cases development in the open countryside up to and including large scale may be supported on appropriate sites if this accords with an ACE. In this case the development is considered to be an exceptional case having regard to the economic benefits of the proposal, in terms of direct employment, wider benefits to the economy of Salen as well as this being the 1st phase of an overall masterplanned development aimed at the economic benefit of the area. The development of the site to provide overnight accommodation for campervans, touring caravans and tents constitutes a tourism development subject to the effect of SG LDP TOUR 1, which inter alia defines tourist scale of development for the purposes of the effect of Policy DM 1. SG LDP TOUR 1 defines ‘small scale’ tourist development to include proposals of up to 10 caravans or stances or up to 50 tent pitches. In this case, the application is for 10 campervan stances and 30 tent pitches. The assessment of the development has been underpinned by an ACE Assessment which forms an appendix to this report. The planning assessment concludes that whilst part of the development is located outwith the adopted PDA boundary, by having regard to the arguments advanced by the applicant, the economic benefits the development will bring and the appropriateness of the development in terms of landscape impact underpinned by a robust ACE assessment, the development would accord with the policy DM1 of the LDP.

B. Location, Nature and Design of Proposed Development

This proposal has been driven by a notable increase in the number of campervans visiting the Island of Mull as a result of the introduction of Road Equivalent Tariff (setting ferry fares on the basis of the cost of travelling an equivalent distance by road) on the Oban - Craignure ferry route from 26th October 2015, which reduced most fares by around 50%. Motorhome single fares are now reduced to between £13 and £26 (dependent upon length of vehicle) making the prospect of a visit to the island that much more affordable for persons touring Argyll. The experience to date is that increased camper van visits, added to the vehicles available for hire on the island, have highlighted the paucity of serviced facilities available for camper van visitors, leading to wild camping, overnight use of car parks, passing places and so on, in what can be inappropriate locations lacking in basic facilities. The proposal is to provide a serviced facility in a central location from which visitors can explore the island yet have access to facilities to support their visit, in particular access to effluent and waste disposal.

The site is located on the north-eastern fringes of the small settlement of Salen, on the eastern coastline of the Isle of Mull. It has ready access to both of Mull’s ferry terminals and with the ability to access all parts of the island from a hub on the road network. The site is located slightly inland from a group of existing dwellings which overlook Salen Pier. The site is split-level, with the proposed service buildings to be located on the lower part of the site and the proposed pitches on the upper level. The site has a

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naturally occurring split level with the former meadows at high level and falling towards the coastline to the North, East and West of the PDA. An elongated and raised rocky knoll is located just beyond the south-western corner and physically and visually separates the proposed site and established dwellings around the pier area from the built edge of Salen. Some unauthorised development has previously been carried out on the more elevated land within the Countryside Zone by means of access track formation and hardstandings, ostensibly in anticipation of campsite/caravan site development. It is understood that this took place around 2012 and was present at the time the prospective extension of the PDA was considered by the LDP Examination Reporter. This layout would not be appropriate as it has stances on the edge of the elevated land where they would be prominent in views from the Sound and elsewhere. This layout, albeit unauthorised, may have been influential in influencing the Reporter’s decision as to the acceptability of the extension of the PDA. It does not constitute the site layout for which approval is now being sought. The development comprises the following elements:

pitches for up to 30 tents 10 campervan/caravan pitches hub building (including toilets, boiler/store room and laundry room) bicycle hub building (including a workshop, reception area and shop) car parking bin collection area

Access to the site already exists and it is intended to upgrade this and incorporate lengths of stone walls and gate-piers.

Other land within the PDA owned by the applicant is not appropriate for development and would be sacrificed as part of the package of development proposed concurrently with the Masterplan submission. The applicant has also made a claim that the formation of a campsite is economically essential for the development of the remainder of the PDA. The proposed campsite would make good use of a flat area of ground and with limited hard landscaping augmented with new soft landscaping works the site can readily accept the development.

The proposed hub building is of a predominately rectangular plan with gable ends and a pitched roof. A small projection is located on the northern elevation.

The proposed bicycle hub building is again predominately rectangular in plan with gable ends and a pitched roof. A steel framed canopy runs the length of the western elevation.

A small timber bin store is to be located on the upper level adjacent to tent pitches 18 and 19. The submitted design statement lists possible finishing materials as profiled metal sheet, natural timber vertical cladding, timber, aluminium or upvc windows and doors. Appropriate finishing materials and colours can be achieved via planning conditions.

It is considered that the proposed buildings are of an appropriate design which will be compatible with their surroundings. This is in accordance with the relevant provisions of Policies LDP 3, LDP 9 and SG LDP ENV 14 and SG Sustainable Design Guidance which seek to ensure developments are compatible with their setting, are of a suitable scale, design and finish, and do not have an adverse impact on the privacy and amenity of neighbouring properties.

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C. Development outwith the Adopted PDA Boundary

Potential Development Area PDA 6/23 is identified in the Argyll and Bute Local Development Plan 2015 for tourism/commercial development. It perpetuated a previous designation in the former 2009 Local Plan which had been identified for the same purpose. In response to the prospective re-designation of that PDA as part of the most recent local development plan process, the applicant, Torrgorm Developments Ltd, made a representation requesting a small extension to this PDA to include lands adjacent to the east and south. That request had regard to the lack of any viable proposals having emerged since the site was first identified for tourism related development in 2009, and took account of the unsuitability for development of some of the designated land, and identified sufficient land within a suggested enlarged PDA to accommodate a 40-pitch touring caravan site, along with later phases of development. Following the examination process, the Reporter concluded in the Examination Report dated 18th November 2014 that:

“the area requested for inclusion in PDA 6/23 is highly prominent in views from land and sea and lacks any screening/planting. Any development of this site would therefore have a major visual impact on the landscape/seascape character of this area.”

Accordingly, the conclusion of was that the boundary of PDA 6/23 should remain as detailed in the proposed LDP, and the Reporter’s position became a material consideration in the assessment of subsequent proposals.

However, the applicant has continued to advance arguments seeking to justify proposed development outwith the PDA boundary within the Countryside Zone, citing his inability to bring forward a viable proposal for tourism development with the confines of the PDA since that was first designated in 2009. His proposal for a development which straddles the PDA and countryside zone is founded around the following considerations:

1. The supporting documents state that the proposed site boundary accompanying this new application has been revised since representation was made during the course of the LDP process. As illustrated in the Site Plan drawing number 16- 129-110, the new red line omits the area of land to the immediate south of the PDA 6/23 and as such this proposal is seeking a small encroachment into the countryside zone to the east. This is a particularly pertinent issue as the land now omitted from the proposed red line is marginally higher in elevation to the remainder of the site.

2. The majority of the western boundary of the PDA is within the medium likelihood (0.5% annual probability or 1 in 200 year) flood extent of the SEPA Flood Map. It is argued that a large proportion of this area, circa 4500sqm is not suitable for development.

3. The topography and landform of the western part of the PDA fringing the coast

does not lend itself to development due to exposed rocky outcrops and an overhead high voltage power line. It is intended that this area of land be retained as amenity space for the proposed development.

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4. The PDA includes four other landowners, two of which do not have any aspiration for additional tourism or commercial development within land under their control within the lifetime of the current LDP.

5. The development site is split-level and it is proposed that all buildings will be

located at the lower level with the campervan and tent pitches located on the higher level. This elevated area, which is out with the PDA lends itself more easily for the development proposed/advanced by the PDA. The submitted Landscape Assessment, along with the proposed planting strategy, concludes that the visual impact of the development is acceptable.

6. The project is in response to increased demand occasioned by Road

Equivalent Tariff (RET) pricing on Mull ferry routes which has proven a catalyst in attracting additional visits to the island by motorhome users. The lack of serviced sites is leading to the proliferation of overnight tourists in unsuitable locations with no facilities across the island. This is a main road site which is centrally located so as to provide ready access by road to locations across the island.

7. The layout of the development has been redesigned from the layout which the

Reporter reviewed and which now sets back the pitches from the edge of the eastern escarpment and follows a more organic layout rather than a straight line regimented layout. This is augmented by areas of new planting and a new open space picnic area in front of the pitches. A landscape assessment has been carried out on behalf of the applicant and this has concluded that the development does not adversely affect the landscape and which addresses the concerns raised by the reporter.

The Development Policy Officer has been consulted and has raised no objection to the proposed development on the basis of the amended layout and enhanced landscaping and that any remaining adverse landscape impact would be outweighed by the material economic and community benefit that the development would bring.

D. Economic Benefit

The Isle of Mull is identified in the Council’s Local Development Plan as being one of Argyll and Bute’s ‘Economically Fragile Areas’ where additional weight may, if necessary, be afforded to economic development implications of proposals which contribute to the creation or retention of direct or indirect employment opportunities, and to other net economic benefits of development. SG LDP BUS 5 allows opportunity for variation of the scales of development normally permitted by the LDP in recognition of the need to sustain economically fragile areas. Policy LDP 5 confirms the presumption established in Scottish Planning Policy in favour of developments which contribute to the aims of sustainable development. Tourism is recognised as a main growth sector in terms of Policy LDP 5.

The location of the site not only provides ready access to and from the ferry at Craignure, but also to Tobermory, to the Ross of Mull and to the roads either side of Loch Na Keal and being centrally located allows day trips in different directions across the island. The Masterplan document states that the development will initially create 2 full-time and 2 part-time jobs. The campsite is predicted to attract between 12,000 and 15,000 visitors per annum with an estimated injection of some £900,000 to £1,500,00.00 (a predicted spend of £50 and £75 per visitor per day) into the local economy. Footfall has been estimated from Visit Scotland national campsite occupancy figures and from the Camping and Caravan Club average pitch occupancy.

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Supplementary Guidance SG LDP TOUR 1 provides general support for tourism related development subject to consideration against the following:

a) The development is of a form, location and scale consistent with Policy LDP DM 1

– The ACE assessment carried out for this development concludes that it will be acceptable in terms of its landscape and visual implications having regard to the landscape character and settlement pattern of its surroundings.

b) It respects landscape/townscape and amenity – in this case considered by means of the ACE assessment.

c) It is reasonably accessible by public transport where available, cycling and on foot

– in this case by virtue of the type of application (which serves the needs of motorised travellers) non-vehicular access would be expected to be limited. Nonetheless the site is located on the main road between Craignure and Tobermory so it is a location which is as accessible as any on the island by various modes of transport. A bicycle hub building is also proposed as part of the development which will include the sale, hire and repair of bicycles.

d) It is well related to the existing built form of settlements or the existing development

pattern outwith the settlements and avoid dispersed patterns of development, unless the developer has demonstrated a locational requirement based on the need to be near to the specific tourist interest being exploited, and that the facility will not damage those interests –. The manner in which the site relates to the existing development pattern is addressed in the accompanying ACE assessment.

e) The proposal is consistent with other LDP policies and supplementary guidance –

there are no conflicts with other aspects of development plan policy. Paragraph 45 of Scottish Planning Policy states that “the planning system should support economic development in all areas by:

taking account of the economic benefits of proposed development in development plans and development management decisions,

promoting development in sustainable locations, particularly in terms of accessibility,

promoting regeneration and the full and appropriate use of land, buildings and infrastructure,

supporting development which will provide new employment opportunities and enhance local competitiveness, and

promoting the integration of employment generation opportunities with supporting

infrastructure and housing development.”

Overall, it is accepted that there is a shortfall in serviced sites for campervans on Mull and RET ferry fares are encouraging additional visits. Tourism is an important economic sector in Argyll supported by the Council’s economic and development plan policies in circumstances where it can contribute to sustainable economic development. The development plan has not specifically identified locations elsewhere which are suitable for this type of development. The proposal has been the subject of an ACE assessment which has concluded that the development will not have an adverse impact on the landscape and visual amenity and it will also positively contribute to the tourism economy including a reduction in demand for the occupation of indiscriminate overnight sites elsewhere on the island, which themselves present uncontrolled adverse effects upon the local environment. Additionally, the development

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will directly and indirectly support other businesses within Salen such as shops and cafes as well as those further afield. The proposed development is therefore considered to support the aims of Policy LDP 5, SG LDP TOUR 1 and Scottish Planning Policy.

E. Landscape Character

An Area Capacity Evaluation has been carried out in accordance with SG LDP ACE 1 which is attached as Appendix B to this report. It concludes that whilst there will be some visual impact with the development, this will primarily be during the construction phase and with the use of careful planting and landscaping, the development will not result in adverse visual impacts.

F. Historic Environment

Historic Scotland has been consulted as the proposal site lies within the vicinity of Aros Castle which is a Scheduled Ancient Monument. Historic Environment Scotland has raised no objections given the intervening distance, the undulating nature of the topography surrounding the development site, the low height and density of buildings proposed and the wide scope of the views out from the castle.

West of Scotland Archaeological Service (WOSAS) has been consulted as the site lies within an archaeologically sensitive area. WOSAS have raised no objections to the proposed development. Some on site archaeological work will be required as part of the construction of the development and this can be secured by means of condition.

G. Natural Environment

The site does not lie within an area designated for landscape or nature conservation purposes. The area of land between the road to the pier is to remain undisturbed which will preserve an amenity area along the coast. Within the campsite new areas of soft landscaping works are proposed.

H. Residential Amenity The proposal will bring levels of activity to a site which is currently undeveloped and it is therefore necessary to consider the implications for adjoining residential property. The closest residential property is Pier Cottage with Pier House located slightly further to the west. Salen Pier Chalets are located closer to the proposed development site however it is not considered that the holiday use would materially conflict with the proposed development. Environmental Health have been consulted on the proposals and they have not raised any objections in terms of ‘bad neighbour’ aspects. It is considered that the development is in accordance with Supplementary Guidance SG LDP BAD 1.

I. Road Network, Parking and Associated Transport Matters

The site will be accessed via an existing private access directly off the A848 Ardmore Road which runs through Salen and ends at Salen Pier to the immediate north of the site.

The Area Roads Engineer has been consulted and has raised no objections subject to conditions with regards to the provision of a passing place on the corner at the south

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end of the development, the provision of improvements at the junction of the public road; the provision of appropriate visibility splays and the provision of parking and turning commensurate with the size of the development will be required. The proposed development will therefore accord with the provisions of LDP 11 and Supplementary Guidance SG LDP TRAN 4 and SG LDP TRAN 6 of the Local Development Plan.

J. Drainage Arrangements

A borehole is proposed to provide a private water supply for the site. Two 10,000 litre water tanks located to the south of the application site will store the supply to the proposed campsite. Environmental Health have raised no objections to the proposed development subject to the submission of a water appraisal prior to the commencement of any works within the site. This can be controlled by planning condition.

It is proposed to install a 20,000 litre septic tank on the north-western edge of the site with discharge to sea to serve the proposed campsite. SEPA have been consulted on the proposals and they have not raised any objections.

The proposal is considered to be consistent with the relevant provisions of Policy LDP 10, SG LDP SERV 1, and SG LDP SERV 6.

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APPENDIX B – RELATIVE TO APPLICATION NUMBER: 17/00714/PP AREA CAPACITY EVALUATION (ACE) A. Purpose and Requirement for the ACE

Supplementary Planning Guidance SG LDP ACE 1 identifies circumstances where an Area Capacity Evaluation (ACE) will be required to accompany the assessment of a planning application. The development is located within a ‘Countryside Zone’ wherein the provisions of policy LDP DM 1 of the Development Plan would ordinarily only encourage development on appropriate infill, rounding off, redevelopment and change of use of existing buildings. However, in exceptional cases, development in the open countryside may be supported on appropriate sites if this accords with an Area Capacity Evaluation (ACE).

The ACE assessment has been undertaken in accordance with Supplementary Guidance SG LDP ACE 1. The purpose of the ACE is to establish the capacity of the wider countryside containing the application site to successfully absorb the scale of development proposed, in response to an exceptional circumstance. Policy SG LDP BUS 5 (Economically Fragile Areas) provides that favourable consideration may be given to exceptional cases in support of sustainable development proposals which contribute to economic development within areas which have been so defined, provide that they satisfy development plan interests, including landscape and visual effects. In this case the development is considered to be an exceptional case having regard to the economic benefits of the proposal in terms of direct employment and wider benefits to the economy of Salen. The ACE process involves an assessment of landscape sensitivity to the type and scale of development being proposed. The outcome of the ACE assessment will be a material consideration in decision-making

B. Area of Common Landscape Character / ACE Compartment

The site lies within a landscape character type defined by the SNH ‘Landscape Assessment of Argyll and the Firth of Clyde’ as ‘Basalt Lowlands’ with a diverse landscape with a patchy mosaic of woodland, bog and marginal pasture on lower fringes of moor. The site is set on the indented coastline within a low headland which has a distinctive stepped profile. The SNH landscape assessment concludes that built development should be carefully sited, taking guidance from existing settlement patterns and vegetation structure. Buildings should be sheltered by the distinctive terraced ridges and rocky outcrops with a conservation of the traditional, simple architectural style that is representative of this landscape character type. Improvements to the local roads and new buildings should offer an opportunity to improve the structure of the landscape with new planting, stone walls and carefully graded earthworks.

The Area of Common Landscape Character which has been defined to inform this assessment is shown on the attached annotated aerial photograph. It is characterised predominantly by an extensive area of unmanaged rocky coastal pastureland and is clearly bounded by Salen Bay the north-west and the Sound of Mull north and north-east. There is a clear landscape transition to the south-west and south where areas of more managed lowland pasture and mature woodland occur. To the west lies part of the settlement of Salen which extends along the northern side of the A849 public road

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corridor along with a substantial elevated rocky ridge which forms a clear visual containment to the compartment, beyond which lies the main part of the settlement of Salen. The ACE compartment includes the current application site towards its north western margins, enclosed by Salen Bay to the west, the pier and its associated cluster of development to the north, and by surrounding rocky pasture to the east and south. It is set on an elevated peninsula of ground which is open in nature and visible from the Sound of Mull to the north, and prominent at distance when viewed from small sections of road on approach from the east at Glenforsa along the A848, and when viewed on approach from the west along the A849. The ground on the western side of the application site (to the west of the road to Salen PIier) forms part of the coastline and is mainly rocky. This area of ground is located within the defined PDA boundary and the majority of this part of the PDA is considered to be best left free from development as a result of ground conditions, flood risk and to preserve its amenity value for visitors to this intended tourism destination. The ground on the eastern side of the road, which lies partly within the PDA and party within the countryside zone, steps up slightly onto a large grassed plateau. The pier which has recently been refurbished is located immediately north of the application site and there is a small cluster of dwellinghouses associated with this, which represents the only built development within the area of common landscape character. The application site and the ACE compartment are not subject to any national or LDP defined landscape designations. Part of the defined ACE compartment has been designated as a PDA by the LDP, indicating its suitability to absorb some development in the countryside.

C. Key Environmental Features – Constraints & Opportunities

The key features of the landscape compartment are:

The application site sits within an elevated site forming the northern end of a natural shelf which is flat and relatively open in character with small pockets of natural vegetation to the north and west and with an area of natural vegetation on the eastern slope as the site gently drops away to a large area of open pasture.

A cluster of development at Salen Pier to the north-western extremity of the compartment on the rocky edge to the east of Salen Bay.

A raised rocky ridge which is located beyond the south-western corner of the

application site which physically separates the village of Salen from the application site, its surrounding ACE compartment and the small cluster of development centred around Salen Pier.

Large area of rough and rocky pasture extending eastwards towards the Sound of Mull

Development opportunities are constrained by the rocky coastal ground conditions along the western side of the site to the west of the road to the pier. This does not lend itself to development in terms of its ground conditions, or visually given its position fringing the coast. This area is further constrained by its proximity to the sea and the low lying nature of the land which may be liable to flooding.

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Development opportunities immediately around the existing cluster of buildings at the pier are heavily constrained due to the lack of suitable land and the presence of residential buildings and their associated curtilages. The large undeveloped and open nature of the pasture to the west does not afford any development opportunities as anything within this area would likely stand in isolation.

There are opportunities for well-planned development of an appropriate form and scale situated close to the existing cluster of development and this has been recognised by the PDA designation. However the constraints refeed to above suggest that the actual developable area is significantly less than the PDA boundary would suggest. Development to the south and south-west of the pier adjacent to the existing road would visually relate to established settlement, though it would be important to ensure that any new development does not extend southwards to a point where it would pose a risk of settlement coalescence with Salen village.

D. Visual/Landscape Impact The proposal includes a central hub building, a bicycle building, bin storage area, parking area, pitches for 30 tents and 10 campervan pitches. The site is accessed from an existing track to the east of the A848. The proposed hub building, bicycle building and car park have been sited on the lower level within the confines of the PDA. The access track then extends eastwards to the upper level which will serve the various pitches. It forms a loop north and a single access track to the south-east with a turning head in the south-eastern corner of the site. The touring/campervan pitches are proposed to be set-back from the edge of the escarpment and oriented out across the sound with tent pitches on the opposite side arranged around a large area of open space. An integrated path network will link the different parcels of development to the reception area and to the swathe of open space. The layout of the development has been substantially redesigned from a previously withdrawn scheme. The camper van pitches are now set back from the edge of the eastern escarpment and follows a more organic layout rather than a straight line regimented layout. This is augmented by areas of new landscape bunding designed to screen the camper van pitches from both inland and distant views from the Sound of Mull with new landscape planting and the inclusion of a new open space picnic area in front of the pitches. The proposed bunding and planting of parts of the site will break it up visually including along the edge of the eastern escarpment such that views of the proposed development would be substantially lessened from the identified key viewpoints. It would not be practical or indeed desirable to attempt to wholly screen the site from the Sound, or from views to the site from the east, particularly given that visitors would have reasonable expectation of being able to enjoy views from the site, which would be one of the attractions of the facility, in addition to the service provision. The development site overlooks one of the widest sections of the Sound with the Coll/Tiree ferry route towards the far side at a distance of some 3 kilometres. There is however an expectation that PDA related development will increase the number of small pleasure craft using the inshore waters of the Sound and Salen Bay. The amended layout and enhanced landscaping will ensure that the occupation of the site by campervans (which will vary from time to time and over the course of a year) will not intrude unacceptably in views from inshore waters. Insofar as they would be visible due to their contrasting colour with the landscape, camper vans would not constitute a dominating feature in what are panoramic views. Views from the east at Glenforsa are around 2.4km from the site and the intervening vast area of pasture in the foreground and rising landform in the background ensures that visual impact will be within acceptable levels.

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The northern boundary will remain undefined whilst lengths of stone walls and gate piers will be introduced along the western boundary adjacent to Ardmore Road. New areas of grass and tree planting are to take place along this boundary which will visually improve this section of road and will define the entrance to the proposed holiday site. Post and wire fences are proposed to define the eastern and southern boundaries which will be augmented by areas of structural planting along the southern boundary, and native planting along the eastern slope, in the foreground of the development. The conclusion of the assessment is that the proposed development will be primarily experienced from 3 key viewpoints as follows: Viewpoint 1 - From Glenforsa Looking West This would generally be experienced at speed from passing traffic on a fast straight stretch of road from the east. Whilst the landscape experienced from this viewpoint has a high sensitivity to change, it is considered that the set-back pitches, the new broken bunding, planting on the southern and eastern boundaries, and planting along the slope extending towards the front of the campervan pitches, will provide adequate mitigation in views towards this part of the coastal edge, which is appreciated in the context of existing built development to the north-east and south-west, existing vegetation, as well as the rising landform in the distance. Viewpoint 2 from Layby on A849 Looking East

The landscape when viewed from the west would also have high sensitivity to inappropriately sited development. In this case, two existing and distinctive pockets of development can be clearly seen, although they are nestled in the lower slopes above the rocky coastal edge and are back-dropped and partially screened in the foreground by mature tree cover. The elevated part of the proposed site would be visible and would be set higher in the landscape than the existing built elements, although the low profile of tents and camper vans and the large areas of rising land and tree cover in the background would ensure that the development would present limited visual impact. At no point would the development break the skyline. Viewpoint 3 from the Ferry and from Small Pleasure Craft Across the Sound to the South Views from the sea towards the site would also be of high sensitivity to inappropriate change, although at 3km from the ferry route, visible elements of the site would be as part of the appreciation of a much wider landscape. Appreciation of built and other elements in the landscape is greatly diminished at this distance, and the small scale nature of the proposal will be viewed in the context of the existing buildings on the coastal edge. In order to mitigate any negative visual impact upon more short range views from inshore craft, the pitches along the eastern escarpment have been set back from its edge with an organic layout rather than a linear layout. Proposed broken bunding and pockets of vegetation and an intervening grassed picnic area will help integrate the development into the landscape when experienced from offshore. Conclusion With the delivery of the various safeguarding measures discussed above, the development impact upon the wider landscape arising from the proposed incursion of development beyond the confines of the PDA into adjacent countryside zone has been assessed as being ‘low to moderate’, and within acceptable limits in terms of its effects upon landscape character and visual amenity.

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ACE Compartment

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ACE Compartment

Site

Salen Bay

Glenforsa

Sound of Mull

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1. Key Viewpoint 1 – From Glenforsa looking west

2. Key Viewpoint 2 – From layby on A829 looking east

Site

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Key Viewpoint 2 – From layby on A829 looking east – zoomed

3. From A828 looking east to site entrance and base for bicycle store

Site

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4. From A828 looking east to site entrance and parking area

5. From A828 looking north towards base for bicycle building

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6. From A828 looking north towards track leading to upper level

7. Looking south-east across campervan pitches

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8. Looking south-east across campervan pitches showing escarpment edge and

slope

9. Looking south-east from track with Pier Chalets to the north

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10. Looking north across towards Salen Pier Chalets

11. Looking north-west across campervan pitches with tent pitches on the left

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12. Looking north-west across campervan pitches with tent pitches on the left

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Photograph Locations

2

1

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3, 4, 5 & 6

9

107 & 8

11 & 12