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DEVELOPMENT SERVICES Local Member - Councillor T.B. Marshall PLANNING APPLICATION REPORT Date of Validity - 26th April 2006 Bute and Cowal Area Committee Date - 3rd October 2006 21 September 2006 Reference Number: 06/00589/DET Applicants Name: Seavision (Scotland) Ltd. Application Type: Detailed Application Description: Formation of marina and port development comprising: expansion of

existing marina to provide an additional 300 berths, floating breakwater, infilling and land reclamation to provide 361 car parking spaces, erection of licensed restaurant/shop, retail units, pier services building/offices: construction of commercial pier including weigh bridge and causeway, car parking and bark storage area, erection of retaining wall, formation of new port and marina vehicular entrances, new bus stop and widening of A815.

Location: Holy Loch Marina, Rankin’s Brae, Sandbank, Dunoon

(A ) THE APPLICATION Development Requiring Express Planning Permission.

• Excavation of approximately 225,000 m3 of material comprising seabed sediment to be undertaken in two phases, which will raise the level of the foreshore by some 5 metres. This will comprise the excavation and deposition of 75,000 m3 first to the east of former Robertson’s Yard site to form the berth area and causeway to the new timber pier facility. The remaining 150,000 m3 between the existing marina site and former Robertson’s Yard site will be removed and deposited later to form the reclaimed area (approximately 60-100 metres wide for a length of 430 metres) serving the 300 new marina berths;

• Installation of an additional 300 berths, located off nine floating pontoons between existing marina

and former Robertson’s Yard;

• Installation of floating breakwater involving twelve linked concrete pontoons attached to the existing pier and extending 240 metres in a north westerly direction towards the new timber export pier;

• construction of commercial timber transfer pier including weighbridge and causeway, car parking and

bark storage area;

• Formation of 361 car parking spaces to serve berth parking, visitor parking, retail/commercial/business car parking;

• erection of licensed restaurant/bar(Class 3)/shop(Class 1)/offices(Class 4) (total floorspace 772m2);

• erection of two blocks of retail units (Class 1)(5 units in Block 1 (551m2) and 7 units in Block 2

(539m2);

• erection of pier services building/ ancillary offices/ vehicle storage(Class 6) (526m2) ;

• formation of new port and marina vehicular entrances, new bus stop and widening of A815, and alterations to existing vehicular access onto A815;

• erection of retaining wall along the rear boundaries of properties from Clyde Cottages to Miller

Cottage;

• Erection of security fence;

• Extension and alterations to existing car park.


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Other Specified Operations

• Connection to public water supply and public sewer.

• Proposed landscaping incorporating tree and shrub planting, picnic and recreation area and footpaths.

(B ) RECOMMENDATION It is recommended that, subject to a discretionary hearing, planning permission be Granted subject to the standard condition and reason and the following conditions and reasons together with ‘notes to the applicant’ set out overleaf.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

The proposal relates to the expansion of the existing Holy Loch Marina, Sandbank. The marina has already undergone initial expansion and redevelopment in respect of an increasing demand for such facilities and links with tourism. The development involves a significant engineering operation resulting in infilling part of the Holy Loch foreshore with dredged seabed material to create a raised platform for a proposed large car park serving the additional berths and new restaurant/bar, retail units and associated buildings. At the northern end of the site, the existing timber export facility would be relocated to a new pier facility with dedicated bark storage areas, car parking, weighbridge facility and pier services building.

While a significant number of objections have been received, many letters of support have also been received. The policies contained in the existing adopted Cowal Local Plan and Argyll and Bute Modified Finalised Draft Local Plan offer general support for such a proposal.

The quality of the existing environment along the foreshore is generally poor. Notwithstanding the scale and initial impact of such a proposal on an area of established foreshore, it is anticipated that the proposed development represents a significant investment to the Sandbank and Dunoon area which is likely to provide an economic catalyst for tourism, recreation, business and employment. Environmental concerns are considered limited while safeguarding conditions are recommended. Servicing and infrastructural difficulties can also be overcome by the imposition of necessary safeguarding conditions. The proposed buildings and plant have been designed and located according to their specific functions. While the uses and design are acceptable, a condition requires improved materials or samples to be submitted for approval. While landscaping and boundary treatment details have been submitted, the final schemes still require to be agreed so that comprehensive landscaping and structure tree and shrub planting will help to integrate the overall site into the immediate coastal environment.

Subject to a number of suspensive conditions regarding lighting, landscaping and boundary treatments, external materials, contamination, layout of car parking and submission of a Construction Environmental Management Plan, the general masterplan proposal is considered to represent a significant boost to the local economy in addition to stabilising and enhancing existing businesses related to the marina. The volume of representation received both for and against the proposal suggests that a discretionary hearing should be held.

Angus J Gilmour Head of Planning Services Case Officer: B. Close 01369-708604 Area Team Leader D. Eaglesham 01369-708608 "In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".


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CONDITIONS AND REASONS RELATIVE TO APPLICATION 06/00589/DET Conditions

2. The development of the site shall be undertaken in strict accordance with the approved amended plans titled Location Plan 1355-00A received 21st April 2006; 1:1250 Site Plan as Existing 1355-01B received 16th August 2006; 1:1250 Proposed Masterplan 1355-02B received 29th March 2006; 1:1000 Landscape Masterplan 1356 L01 Rev G received 13th June 2006; 1:200 Landscape Sections 1356 L02 RevD received 29th March 2006; 1:100 Proposed Bar/Restaurant, shop and Office – Plans and Elevations 1355-03 received 31st March 2006; 1:100 Proposed Retail Units Block 1 – Plans and Elevations 1355-04A received 29th March 2006; 1:100 Proposed Retail Units Block 2 – Plans and Elevations 1355-05A received 29th March 2006; 1:50 Proposed Pontoon Access Station 1355-06 received 29th March 2006; 1:100 Proposed Pier Services Building – Plans and Elevations 1355-07 received 29th March 2006; 1:1250 New and Existing Piers A022302 015 Rev E received 29th March 2006; Sections through pier and pier approach structures A022302 016 Rev A received 29th March 2006; 1:1250 Proposed Drainage Layout A022302 021 Rev A received 31st August 2006; 1:1250 Existing and Proposed Levels – Marina and Pier A022302 019 Rev A received 13th June 2006; 1:1250 Proposed Masterplan Holy Loch E A022302 020 received 29th March 2006; 1:500 Holy Loch Marina Servicing – Refuse Lorry A022302 016 received 29th March 2006; 1:500 Holy Loch Marina Servicing – 7.5T Delivery Vehicle A022302 017 received 29th March 2006; 1:500 Holy Loch Timber Pier - Articulated Timber Vehicles A022302 018 received 29th March 2006; 1:500 Holy Loch Timber Pier - Articulated Timber Vehicles A022302 019 received 29th March 2006; unless consent for variation is obtained in writing from the Planning Authority.

Reason : For the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved plans.

3. No development shall commence until a Flood Risk Analysis is submitted in respect of the existing

and proposed drainage requirements for all properties adjacent to the proposed development in order to protect the existing properties and A815 road corridor. The busy watercourse at the northern boundary of the development requires particular and full details shall be provided for the extension of all drainage provision through the works with details in accordance with the Council’s construction standards. Details shall be provided, in accordance with MHW Specification, for the extension of all existing watercourses through the development including the provision of disconnecting manholes in the new eastern footway and for service manholes on each buried watercourse at centres not exceeding 50m within the development. Details of any proposed culverts or control structures affecting the bed, banks, or flow of any watercourse shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA prior to the commencement of any of the operations hereby approved.

Reason: To ensure that the drainage of the site and adjoining land is not affected and that existing watercourses are not polluted or otherwise adversely affected.

4. Prior to each phase of the dredging works, an assessment of potential contamination shall be carried

out by a competent person and reported on to the satisfaction of the Planning Authority in conjunction with Public Protection. The assessment should seek to define any risks to the development posed by contaminated material, and make recommendations as to the requirement for any actions necessary to render the material suitable for the proposed use. The recommendations shall be agreed in writing with the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of the development.

Reason: In the interest of public health and amenity as previous site investigation has concluded that

contamination is present that may pose a hazard to the development.

5. Where the investigation required by condition 4 has indicated that action is necessary to render the dredged material suitable for the proposed use, a remediation plan shall be devised by a competent person and reported, to the Planning Authority, in consultation with the Public Protection Service. The remediation plan shall be agreed in writing, to the satisfaction of the Planning Authority, in consultation with the Public Protection Service, prior to the commencement of that phase of dredging. The plan should include details of the methodology that will be employed to demonstrate that the dredged material will be rendered suitable for the proposed use.




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6. The remediation works shall be carried out as detailed within the remediation plan approved under

condition 5, unless otherwise agreed, in writing, with the Planning Authority, in consultation with the Public Protection Service. Upon completion of remediation works a completion certificate shall be issued, by a competent person, certifying that the works identified within the remediation plan have been carried out in accordance with the plan.



7. The calculated noise levels arising from any operations at the marina and timber transfer facility shall not increase pre-determined ambient background noise levels (LA90) by more than 3dBA at the nearest noise sensitive property. All measurements to be taken in accordance with BS4142:1997. The predetermined background noise levels shall be agreed in writing with the Planning Authority, in consultation with the Public Protection Service prior to any works commencing.

Reason : In the interests of public health and safety.

8. Prior to the commencement of works, a Noise and Operational Management Plan shall be submitted and approved in writing by the Planning Authority for the operation of the timber transport terminal. The plan shall ensure that local residents are not adversely affected by vehicular movements and logging operations associated with the timber transfer facility and shall incorporate the following elements:

• Full details of the noise attenuation measures which are to be adopted to mitigate the impact

from noise emanating from the timber transfer facility. • The operational procedures for the premises in relation to noise including restrictions in use

of the car park and loading/unloading area; intended hours of operation, stock-piling arrangements, traffic management arrangements, the control of noise from vessels using the pier;

• Details of arrangements for the monitoring of these operational procedures and

specifications including the effectiveness of any noise attenuation measures.

Thereafter the use of the timber transfer facility shall be in accordance with the findings of the Noise and Operational Management Plan and noise investigation/assessment, together with any required mitigation requirements.

Reason: In the interests of public health and safety.

9. Notwithstanding the submitted details, natural slate or a slate substitute tile shall be used on the roof of the bar/restaurant building and a metal clad roof system shall be used on the roofs of the retail units and pier services building, unless otherwise agreed in writing with the Planning Authority. All proposed external materials shall be submitted for the written approval of the Planning Authority prior to their use on any buildings.

Reason: In the interests of visual amenity and in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 and BE9 of the Development Plan.

10. Notwithstanding the submitted details, revised details of the berth car parking of 98 spaces at the

southern portion of the site shall be submitted of the Planning Authority indicating a reconfigured car park arrangement which will relocate the car parking spaces immediately adjacent to Clyde Cottages. Full details of revised car parking layout including surfacing materials and hard/soft landscaping shall be submitted for the written approval of the Planning Authority prior to any works to the car parking area.

Reason :In the interests of visual amenity and to safeguard the amenities of neighbouring properties, in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 of the Development Plan.


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11. Notwithstanding the submitted details, revised details including at least two cross sections and full drainage details shall be submitted for the written approval of the Planning Authority indicating an engineering/landscaping solution to treat the area between the raised site and existing properties, specifically the area between Clyde Cottages to Miller Cottage.

Reason :In the interests of visual amenity and to safeguard the amenities of neighbouring properties and in order to integrate the proposal with its immediate surroundings and in order to ensure an integrated approach toward the design and finish of the entire works and in accordance with the provisions of RUR 1 of the Development Plan.

12. Prior to the commencement of any works, full details shall be submitted indicating the revised

development levels and freeboard in respect of the potential for ponding to take place, and that the floor levels of all buildings on site will be 150mm above surrounding ground levels. Details shall also be submitted in respect of overtopping and surface water run-off. Reason : To ensure that the proposed development will not be prone to flooding or inundation.

13. Prior to the construction of any buildings on site, the applicant/developer shall submit full details

including alignment, design and height of all security and boundary fencing and boundary treatments.

Reason : To allow the Planning Authority to consider these aspects in detail.

14. Prior to the installation of any external lighting on any part of the site (including construction lighting), full details of a scheme of external lighting (that demonstrates that low-intensity lighting has been used wherever possible) to be used within the site, including mast lighting, pier lighting, all buildings and construction lighting shall be submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, period of operation, angle of direction and wattage of each light, which shall be so positioned to prevent any glare or light spillage especially outwith the site boundary, having regard to the Institute of Lighting Engineers Guidance in consultation with Public Protection.

Reason : In order to minimise the effect of light pollution and in the interests of surrounding amenity.

15. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:

(i) existing and finished ground levels in relation to an identified fixed datum; (ii) existing landscaping features and vegetation to be retained; (iii) location and design, including materials, of walls, fences and gates; (iv) soft and hard landscaping works, including the location, type and size of each

individual tree and/or shrub and mounding/modelling/screening of car parking areas; (v) programme for completion and subsequent on-going maintenance.

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure the implementation of a satisfactory scheme of landscaping and to minimise the effect of reflective light pollution in the interests of surrounding amenity.

16. Before any of the retail units is first occupied, details of the goods to be sold (which shall be related

to the activities at the marina) shall be submitted to and approved by the planning authority. Thereafter, none of the retail units hereby approved shall be combined unless otherwise agreed in writing with the Planning Authority.

Reason : In order to protect the vitality of surrounding shops.


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17. Prior to the commencement of any works on site, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA and Public Protection. This plan shall include full details of: construction and operating times, environmental management issues and mitigation measures to be adopted, construction traffic routes and operations, staff car parking and accommodation on site, control of dust, noise, waste disposal, cleaning of vehicles, foul drainage and control of site drainage, contamination, air quality and vibration. The plan shall also address issues such as the potential sources of particulates, mitigation measures to be adopted to control particulate emissions and the methods of monitoring and recording matters relating to particulate control, with reference to Planning Advice Note 50. The dust management plan approved shall be implemented commensurate with the commencement of the proposed operation.

18. Prior to the commencement of the development, full details of the working practices and suppression

measures shall be submitted to the approved in writing by the Planning Authority in respect of dust and particulate contamination in the immediate locality of the development. Such details as are approved shall be utilised during the course of construction work to the satisfaction of the Planning Authority in consultation with Public Protection

Reason: To ensure that the construction of the site is suitably controlled and in respect of residential amenity,

road safety and in the interests of public health and amenity.

19. Each individual phase of the development, as indicated on ‘Development Phasing’ drawing no. 1335/08 received 7th September 2006, shall be completed in accordance with the approved plans before any works commence on a subsequent phase, unless otherwise agreed in writing with the Planning Authority.

Reason: In order to ensure that a phased approach is undertaken in the development of the entire site.

20. Prior to the commencement of any works, measures shall be put in place to ensure that all vehicles

are clean of material before entering the public road from any access. Full details of wheel-washing and vehicle washing facilities and location(s) within the application site shall be submitted to and approved in writing by the Planning Authority. The vehicular wash-down area(s) shall be retained for the duration of the entire construction phases.

Reason : In the interests of road safety and to ensure that wash-down facilities are provided within the site.

21. A 2.0 metre wide footway shall be provided along the totality of the development on the east side of

the A815 and return to the rear of the junction bellmouths and to the Port Office.

Reason: In the interests of pedestrian safety.

22. The A815 shall be made up to 6.8metres wide along the frontage of the development (with provision of a bus pull in and consideration on the need for a right turning lane at the entrance to the marina). The entrance road to the marina shall be 6.0metres wide for at least the first 15metres and shall be surfaced in asphalt surfacing at least to the rear of the bellmouth. Internal roads shall be a minimum of 6.0metres wide with suitable geometry to allow for delivery vehicle movements. All kerbs shall be provided on the main junction radii.

Reason : In the interests of road and pedestrian safety

23. Full details shall be submitted showing provision for cycle parking and cycling/pedestrian routes

within the development.

Reason : In the interests of road and pedestrian safety

24. Prior to any dredging works being undertaken, a repeat survey for otters shall be carried out across the entire application site and any mitigation measures required fully detailed. All mitigation measures shall thereafter be carried out in accordance with the approved scheme. Reason : To protect and safeguard otters and their habitats.

25. Prior to any dredging works being undertaken, a method statement shall be submitted to the Planning Authority indicating that all potential impacts on breeding birds have been minimised. No construction or engineering operations shall take place on site between March and July in any year. Reason : In order to protect the habitat of breeding birds on intertidal areas in accordance with Policy .


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ADVISORY NOTES TO APPLICANT RELATIVE TO APPLICATION 06/00589/DET (i) The applicant/developer is advised that in terms of construction noise the Public Protection Service

will use powers under the Control of Pollution Act 1974 to control the noise from construction work.

It is envisaged that, in order to comply with the above controls, construction and dredging operations within the site may require being restricted to the hours of 0800 to 1800 Monday to Friday. No construction works or dredging, (but allowing for cleaning and maintenance of plant and equipment), shall take place and no heavy goods vehicles shall leave the site outwith such prescribed times and at no times on weekends or Bank Holidays.

In addition, all vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with and use effective silencers.

Prior to the commencement of any construction or dredging works, the applicant is requested to discuss with the Council’s Environmental Health Department 01369 707120 measures that will be put in place to control noise from the site. It should be noted that any agreement made at this time will not preclude any action being taken under Section 60 of the Control of Pollution Act 1974 should it be deemed necessary.

(ii) The applicant/developer is strongly advised by Scottish Natural Heritage (SNH) that a repeat survey

for otters should be carried out across the entire application site and any mitigation measures required fully detailed. All mitigation measures shall thereafter be carried out in accordance with the approved scheme.

Additionally, the applicant/developer is strongly advised that the intertidal areas of the coastline are important feeding and roosting areas to a number of wading bird species. SNH recommends that a method statement is produced that demonstrates to the planning authority that all potential impacts have been minimised. In this respect, SNH advise that no construction or engineering operations should take place on site between March to July, which period coincides with the breeding season of Ringed Plover and Oystercatcher which may commence breeding on the site above the Mean High Water Spring mark.

The applicant/developer is strongly advised to contact Scottish Natural Heritage to discuss this matter fully, please contact Elizabeth Pryor, Area Officer, Cowal and Bute, tel. 01369 705377.

(iii) The applicant/developer is strongly advised that they contact Scottish Water directly to discuss

waste and wastewater provision, especially the timing requirements of connection to the public sewerage network. For all of the advisory points given above, the applicant/developer is advised to contact Scottish Water directly Victoria Peel, Planning and Development Services, tel.0845 601 8855).

(iv) The applicant/developer is advised by Scottish Water, that :

Due to the size of the proposed development the applicant must make a separate application in writing to Planning and Development Services, in order for Scottish Water to fully assess the impact of the development on their assets;

• If the connection to the public sewer/water main requires to be laid through land outwith the

applicant’s ownership, then the applicant must provide evidence of formal approval from the affected landowner(s) through whose ground the connection to the public wastewater system/water main must pass. This shall be done at the time of application;

• the applicant must make a separate application to Scottish Water Planning & Development

Services team for permission to connect to the public wastewater system and water network at the appropriate time. It is important to note that the granting of planning consent does not necessarily guarantee a connection to Scottish Water’s assets;

• Planning & Development Services no longer deal with requests for location of services. Should

the applicant require this information, they should contact Property Searches Department, Bullion House, Dundee, DD2 5BB;


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• A totally separate drainage system will be required with the surface water discharging to a

suitable outlet. Scottish Water support the principle of a sustainable urban drainage system (SUDS) and the developer should consider utilising this in the surface water drainage system. It is important to note that Scottish Water will not adopt surface water drainage systems that require the flows to be pumped;

For the advisory notes above, the applicant/developer is advised to contact Scottish Water directly (Planning and Development Services, 419 Balmore Road, Glasgow G22 6NU, Tel. 0845 601 8855 or at www.scottishwater.co.uk ).

(v) The Area Roads Manager has advised that the following aspects must be provided : • Signage must be provided advising road traffic of the site entrance(s) and the presence of heavy

traffic turning; • The scale of the development requires a Road Safety Audit taking into account traffic generated by

both the marina and the timber port facility. The initial RSA has been submitted; • A pedestrian route is to be developed along the shore and up via the area shown for boat storage

towards the village shops, not shown on the drawings. Land is to be made available for the provision of a footway with the aim to provide a pedestrian crossing in the area south of Cottages;

• Pedestrian crossing facility is to be provided at the marina entrance by the construction of dropped kerbs on the radii and on the west side of the A815 opposite the southern radius;

• A 2m wide footway is to be provided along the totality of the development on the east side of the A815 and return to the rear of the junction bellmouths and to the Port Office;

• Drop kerbs are to be provided on the main junction radii; • Provision is required for cycle parking within the development; • The inbound [Dunoon] bus stop with pull in is to also include a bus shelter. An outbound stop should

also be provided near the marina entrance; • The internal roads layout requires road marking and traffic calming measures; • Traffic restrictions are to be developed comprising No Waiting and No Loading on the east side and

No Waiting 8:00am – 6:00pm on the west side of the A815 from Rankin’s Brae northwards to the Beeches. The developer is to carry out all consultations and preparations of an Order for the Council as Roads Authority to make. The developer will carry out the signing and lining for the order;

• The A815 is to be made up to 6.8m width along the frontage of the development with provision of a bus pull in and consideration on the need for a right turning lane at the entrance to the marina;

• The entrance road to the marina is to be 6m wide for at least the first 15m and is to be surfaced in asphalt surfacing at least to the rear of the bellmouth;

• Internal roads are indicated to be 6m wide and must allow for delivery vehicles. Geometry must allow for delivery vehicle movements;

• The new port facility is to handle all commercial freight replacing the existing freight traffic on the pier at the existing Holy Loch Port;

• Pedestrian routes within the development must be clearly identified; • Traffic exiting the port facility must be made to pass over the vehicle cleaning facility with a

management regime to ensure that no material is transmitted to the public road; • Access to the slipway is to be made from the marina side of the development; • The development roads must be signposted as private; • Traffic signs are required for traffic coming out of the development advising of Give Way, and

Directional signs for A815 Dunoon and Ferry terminal; and for A815 Strachur (A83 Glasgow). The traffic regulation signs will require to be illuminated;

• Signs on the public road should be provided by the developer advising of HGV turning traffic in both directions;

• Checks are to be made on the provision of additional lighting at the junctions; • As a Port Operator the developer will be required to provide a measured response for oil spills

comprising an oil spill plan and also the provision of at least Tier 1 oil spill response equipment; • During construction any access to the public road must have advance signage on the A815 advising

of site entrance(s), and the turning of heavy vehicles. Arrangements must be in place prior to any access being used for wheel and vehicle cleaning to ensure that no material is transmitted on to the public highway.

The applicant/developer is advised to contact the Area Roads Manager (Mr. Alan Lothian, tel. 01369 708600) directly upon these matters.


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(vi) The Area Roads Manager has advised that Construction Consent (S21), A Road Bond (S17) and a

Road Opening Permit (S56) will all be required for proposed development. The applicant is advised to contact the Area Roads Manager (Mr. Alan Lothian, tel. 01369 708600) directly upon this matter.

(vii) The Area Roads Manager has advised that a system of surface water drainage is required to prevent

water running of the road and to do would be contrary to Section 99 of the Roads (Scotland) Act 1984 that states that:

"(i) The owner and occupier of any land, whether or not that land is such as constitutes a structure

over or across a road, shall prevent any flow of water, or of filth, dirt or offensive matter from, or any percolation of water through, the land onto the road."

A system of surface water drainage to be provided to prevent surface water running on to the footway and carriageway. Consideration should be given to prevent waste or by products from passing on to the footway and carriageway from site. A drainage system including positive surface water drainage measures should be agreed with the Area Roads Manager. The applicant is advised to contact the Area Roads Manager (Mr. Paul Farrell (tel. 01369 708613) directly in this regard.

(vii) The applicant is advised by Clydeport Properties Ltd. that it will be necessary for Clydeport in the

interest of safety, to create a navigable channel where Rule 9 of the International Collision Regulations applies. The channel will require the establishment of a new Fairway Buoy which has to be established and laid by Clydeport. The applicant /developer is advised to contact Andrew Stafford, Property Surveyor, Clydeport Properties Ltd. 16 Robertson Street, Glasgow G2 8DS (tel. 0141 221 8733) directly upon this matter.

(ix) The applicant/developer is strongly advised by SEPA that no foul effluent shall be discharged from

boats using the pontoons. The use of signage (and other operational management methods) stating that under no circumstances must effluent be discharged into the water by any craft moored at the pontoons is welcomed by SEPA.


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APPENDIX RELATIVE TO 06/00589/DET

A. OTHER MATERIAL CONSIDERATIONS (i) Site History

Detailed application (ref. 01-93-1045) for a marina development was refused on the 24th January 1994 due to the applicants’ failure to submit an Environmental Assessment timeously. Detailed application (ref. 01-94-0157) for a marina development was withdrawn on the 16th May 1995. Detailed planning permission (ref. 01-94-1031) was granted to Cowal Leisure on the 19th April 1999 for the formation of a 364 berth marina following a Section 75 Agreement regarding the provision of a management plan. This scheme included floating breakwaters stretching from the former US Navy Supply Depot (i.e. the existing Marina) to the former Robertson’ Yard at the north of the site. Some initial work including dredging and deposition of the first phase took place. The site was subsequently purchased by Seavision (Scotland) Ltd. in May 1999. Detailed planning permission (ref. 99/01149/DET) to modify the original permission and reposition a slipway and provide a fuelling area was granted in December 1999. That application constituted a material amendment to the previously approved marina (ref 01-94-1031) development which entailed repositioning the slipway from the southside of the existing jetty to the north side and the installation of a fuel area. Other works included the excavation and deposition of material to provide a bund. Detailed planning permission (ref. 00/02272/DET) was granted in May 2000 for the excavation and deposition of sediment material (14,000m3) to form Phase 2 of the marina with deposition works taking place to the rear of the former Wilson’s Garage. Dredging works were undertaken and completed in July 2001 with other infilling works being completed recently. A detailed application (ref. 03/02133/DET) was withdrawn on 8th July 2004 due to the lack of information including a request for an Environmental Statement. This scheme proposed a similar level of infill and berths but only included half of the current area up to Miller Cottage and no mention was made of the timber transfer pier. A similar detailed application (ref. 05/00625/DET) was withdrawn on 16th March 2006 following concerns raised by SEPA regarding site levels. The current application incorporates increased site levels in accordance with SEPA’s requirements. This application also proposed a large lorry park to serve the timber export facility which specifically attracted a significant number of objections. Following discussion with the applicant, the lorry park has now been deleted from the current application.

(ii) Consultations Scottish Environment Protection Agency (responses dated 17th May and 31st August 2006): SEPA will withdraw its earlier objection to this application on the basis that the revised levels are applied as a minimum which should be clearly demonstrated; any open channel watercourse is not culverted. Other comments regarding flood risk and discharge of foul effluent from boats using the pontoon. Sandbank Community Council : (response dated 9th June 2006) : Comments following Open Day on Sunday 4th June 2006 when 100 people visited Sandbank Village Hall to view plans for the proposed development. While the majority of people attending the Open Day are in favour of a marina but without the infill, the Community Council objects to the proposal. Public Protection (response received 14th September 2006): No objections of an environmental health nature but recommend that conditions regarding regarding contaminated land, air quality, odour, lighting and noise. Refer to comments in assessment. Area Roads Manager (response dated 17th May 2006): No objections subject to conditions and advisory notes. Transportation and Infrastructure (responses dated 17th May, 11th July, 1st September 2006) : Comments regarding proposed site levels, levels of buildings and drainage calculations. Latest response confirms that the submitted drainage calculations to prove that the drainage system does not overtop at the 1 in 200 year event are acceptable. The calculations however do not include the ‘Boat Storage/Seasonal Overspill Parking


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Area’. Building floor levels should be 150mm above adjacent ground (which grades away from the building) with a minimum floor level of 5.2metres AOD. Scottish Water (response dated 19th June, 11th July6): No objections subject to advisory notes. Comments regarding timing requirements of connection to the public sewerage network. RSPB Scotland (expiry date 17th May 2006): Views awaited. Statutory Plans: (response dated 3rd July 2006): Comment that there is no specific policy in adopted or emerging plans which would lend neither support nor rule out such a development. In terms of the retail element, the proposed retail floorspace (i.e. 844m2) would be consistent with Policy LP RET3 (which applies to Sandbank as a small town/village) of the Finalised Draft Plan where this policy can be used as a material consideration as no representations were submitted in respect of this policy. Health and Safety Executive (response dated 24th May 2006) : The development does not appear to meet the agreed consultation criteria therefore no comments. Scottish Natural Heritage (response dated 3rd May 2006): No objections but recommends conditions to further minimise impacts arising from the development in respect of: - request for otter survey; work restricted to avoid breeding season for waders; day and night visualisations from adjacent new housing, Lazaretto Point and Kilmun; design and alignment of security fencing; a lighting plan which utilises low-intensity lighting wherever possible. Additional comments and advice. Loch Lomond and The Trossachs National Park Authority (response dated 23rd August 2006): No objections subject to conditions regarding external lighting and car parking layout to minimise light pollution. Historic Scotland (response dated 10th January 2006): No comments to offer. West of Scotland Archaeology Service: (response dated 2nd May 2006): No known archaeological issues raised. No comments. River Eachaig District Salmon Fishery Board: (response dated 15th May 2006): No objections on the proviso that the salmon fishery area and the mouth of the Eachaig are protected from contamination and fuel spillage. Royal Yachting Association: (response dated 3rd May 2006): No objections. British Trust for Ornithology: (response dated 3rd May 2006): Unable to comment. Scottish Executive – Air Climate and Engineering Unit: (response received 4th May 2006): No comment. Scottish Executive – Country and Natural Heritage Unit: (response received 4th May 2006): No objection. Western Ferries (response dated 3rd May 2006): No objections to the proposed development and wish the applicant every success in this venture which should bring much benefit to the local community. Any concerns regarding the resultant increase in water-borne traffic are considered to be outwith the scope of this application and are confident that they will be satisfactorily addressed by Clydeport Harbour Master. Clydeport Properties Ltd (response dated 30th March 2006): Advisory note regarding the creation of a navigable channel. (iii) Publicity and Representations The proposal has been advertised under Regulation 13 of The Environmental Assessment (Scotland) Regulations 1999 (publication date 5th May 2006); Section 34 (Bad Neighbour) of the Town & Country Planning (Scotland) Act 1997; ‘Potential Departure’ from the Development Plan Polices POL RUR 1, POL COM1, POL COM 5 (‘bad neighbour’), POL TOUR7, POL TOUR8, POL TOUR11, POL PU1, POL PU3, POL BE1, POL BE9 of the Cowal Local Plan 1993 (publication date 5th May 2006); and Section 60 Development affecting the setting of a Listed Building published 9th May 2006.

Many letters of representation have been received for this complex scheme which include 52 letters of objection and 35 letters of support. The names and addressees of all contributors are contained in a


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separate Appendix attached to this report. The concerns and issues raised as well as positive contributions can be summarised as follows: The concerns and issues raised in the letters of representation can be broadly summarised as follows -: Against (52) Notification and timing of plans deposited in Milton House together with initial lack of information. Detrimental impact on adjacent residential properties including those immediately adjacent to the site (Clyde Cottages to Miller Cottage) and those facing the site on the western side of the A815; Parts of the application site may be in other ownership. Titles may include the foreshore. Loss of access to the foreshore as a route to moorings and for leisure Existing views of the Holy Loch will be restricted Constant noise of halyards clacking against masts Local trade benefits likely to be limited Marinas are not labour intensive Fail to see how the marina can be sustained given low amount of craft currently using the facility. Duration of construction period which could be up to 12 years. Effect on property prices due to construction and development in general. Existing marina operation creating problems of noise, untidy yards, materials stored on site, all creating a negative visual impact on Sandbank Proposed buildings may be a catalyst for more development Continuing traffic danger and parking restrictions after development Impact of timber transfer facility on surrounding properties in respect of noise and disruption. Increase of timber traffic will only increase noise and debris currently experienced Should the venture fail what would Sandbank be left with given the large area of infill and retail/commercial type units on site? Benmore Centre for Outdoor Education (letter dated 21st April 2006) comment that the realignment of the causeway and pier from Robertson’s Yard is likely to result in even more difficult in operating from the existing sailing yard. Ownership of the site and Access to the Holy Loch Throughout the previous application (ref. 05/00625/DET) and current application, letters of representation have been received indicating that parts of the site may be in other ownership and that existing access rights to the foreshore and Holy Loch will be denied. The applicant’s agent has confirmed that legal searches have been carried out to establish ownership of the site which includes Argyll and Bute Council, Argyll and Island Enterprise and Crown Estates. Other issues regarding ownership of the site are considered to be civil matters and as such ‘not material’ to the consideration of this application. Additionally, the applicant does not know of any rights of way over the development site or rights of access to the water. The proposed development permits access to the water via the slipway and creates improved access to the foreshore by creation of landscaped parkland. Such issues regarding rights of access to the water are considered to be civil matters and as such ‘not material’ to the consideration of this application. In response to some of the specific issues raised above, the applicant’s agent offers the following comments: (C. Colquhoun, 1 Clyde Street, Sandbank) - the two abandoned boats do not belong to the Marina nor were they berthed at the marina. The material stock piled on the site is proposed for infill and will be removed;


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(D. Orr, Linwood Cottage, Sandbank) - In terms of ownership of ground the applicant has obtained legal opinion on this claim and ownership will require to be legally tested; (J A Graham, Walden Road, Sandbank) – The existing breakwater and recently installed pontoons have been the subject of planning permission; (Benmore Centre) – the applicant has offered the use of proposed facilities to the Benmore Centre to assist the operation of their existing facilities. Further discussion is offered by the developer. (Mr. and Mrs. Wilson, Thee Beeches, Sandbank) – the port development is required due to the inadequacy of the existing pier; (3 Clyde Cottages) - the applicant believes that the existing foreshore at Sandbank is unsightly which will only benefit from the proposed development; (Neil Clerk and Murray on behalf of Mr and Mrs D Brunton) – access to the shore is to be maintained. The applicant will not take away 2/3 of the Holy Loch and believes that the proposed development will be in keeping with the area; (W & W Cairns, Sandbank Community Council) – Understood that the Community Council hoped to develop a footway from Robertson’s Yard end of the site to connect with the footpath at the foot of Rankin’s Brae. This will be provided with the proposed footpath through the site and the new esplanade at the foreshore. Roads have also requested that a footpath be provided along the widened section of the A815. Many objectors have queried the drainage aspects of the proposed development and its impact on existing watercourses including flooding. The applicant maintains that these issues have all now been addressed in detailed drainage proposals for the site. The department in consultation with SEPA, Scottish Water, the Council’s Flood Group and The Area Roads Manager all find the drainage proposals acceptable subject to confirmation of aspects which are addressed via recommended conditions or advisory notes. For (35) The owners of the Majestic Line who operate a cruise service from the existing Marina claim that their operation which currently employs 8 people and inputs significantly into the local economy would not be in business if not for the Holy Loch Marina. The owners suggest that the foreshore to be infilled is not attractive and the prospect to link Lazaretto Point with a continuous footpath to the head of the loch is to be welcomed. A letter from a resident of Strone comments that the existing Marina has already attracted many visitors and enhanced the area in addition to the number of jobs created. It is suggested that the Council support high quality leisure facilities in Cowal where tourism is so great a part of the local economy. The recent growth in activity at the Marina demonstrates that there is a demand for berths and an increasing use by other boat users on the Clyde for overnight visits. The owner of a new power boat school based at the Holy Loch Marina comments that the expansion of the Holy Loch Marina offers a serious opportunity not only for Sandbank but the whole of the Cowal area to move further into the 21st Century to create a vibrant community and promising economic future. A few letters of support suggest that Sandbank Community Council have and do not represent the majority view in that the proposed development should be supported. It is suggested that a small but vocal group are objecting to the proposal against the wishes of many people who believe that the project will bring so much more to the community in terms of drawing many more people to the area and resulting in more revenue coming to the people and businesses of the community. The Director of Shearwater Marine Services comment that the existing facilities at the marina have helped in creating improved berthing and lading operations connected with the dive service which employs up to twenty divers, many based locally. The improvements to the marina including wharfage facility will have a positive effect on the area and allow the company to further develop its shipping and Clyde based operations. The Director of Professional Diving Academy is a commercial diver training organisation based in Sandbank who currently employ 6 full time staff but hope to increase this to 12 over the next year. The enlargement of the existing marina is vital to the company in respect of the use of the dive vessel ‘Sleat’ where increasing commercial operations from the existing pier may hamper dive operations. The expanded marina will ensure that the company can continue and further their dive operations from the marina. Sandbank Community Development Trust comments that one of its aims in its Community Action Plan is the creation of a safe walk along the shore of the Holy Loch. The proposed development would help the Trust


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achieve its aims by the continuous link through the marina site linking Ardnadam to Sandbank and Broxwood. Other letters of support came from residents and local business including Proform Marine, Clyde Sea Recovery, Holy Loch Brokerage, Holy Loch Coffee Shop, George H. Currie Blacksmith, and John Orr River Rocket. The issues raised in these representations are addressed in the ASSESSMENT below.

(iv) Applicant’s supporting Information

In support of their application, Seavision (Scotland) Ltd. has submitted: an Environmental Statement and Non-Technical Summary, by Environ UK Ltd. published May 2005; an Environmental Statement Addendum A, by Environ UK Ltd. published April 2006; a Transport Impact Assessment and Technical Appendix, by Whyte Young and Green published 8th May 2005; Timber Felling Production Forecast 4th May 2006, Buildings Design Statement and site perspective sketches.

The Environmental Statement (and Non-Technical Summary) includes detailed information on the development proposals, natural heritage, water resources, air quality, noise and vibration, landscape and visual assessment, archaeology and cultural heritage and construction, figures and appendices. In terms of natural heritage it is concluded that the permanent loss of inter-tidal habitat through the construction of both the timber transfer facility and the marina extension will have a minor residual impact. The original statement concluded that analysis of seal level and extreme wave height data indicated that the development would not be at risk from coastal flooding events if it were to be built to a proposed height of 4 m AOD. The installation of a breakwater is however crucial to an achievement of low level risk of extreme sea level and extreme wave event occurring. SEPA subsequently dismissed this approach and required the level of the site to be higher hence the requirement for the current fresh application and addendum statement below.

In terms of air quality the development is unlikely to give rise to significant impacts on air quality. Dust from construction activities may potentially give rise to localised impacts but the adoption of normal construction site management practices will ensure that impacts are eliminated or controlled. The main source of potential impact will be from development traffic but modelling reveals that there will be no significant impact on air quality.

Detailed noise measurements have been undertaken and noise predictions made from noise sensitive properties and locations. Mitigation measures have been recommended where residual impacts are predicted to be of minor to moderate significance depending on proximity to operations.

In terms of Landscape impacts, the overall effect is assessed as being of ‘minor’ significance. The substantial impact locally at Sandbank is however acknowledged with the loss of the existing loch side character but the nature of the wider landscape is such that it can absorb the proposed development without detrimental effect.

It is considered that the proposed development will have no impact on cultural heritage resources in the surrounding and wider area but will have a significant impact on the Grade B Listed Benmore View.

Environmental requirements during construction phases will be addressed in a Construction Environment Management Plan.

An Environmental Statement Addendum A, by Environ UK Ltd. published April 2006 provides additional details on landscape and visual assessment following earlier consultation response but most importantly indicates that the area of infill will be generally levelled at 5m AOD apart from the spine road into the site and esplanade which will be at a height of 5.2m AOD in order to provide protection from potential flood events.

A Transport Impact Assessment (and Technical Appendix), by Whyte Young and Green published 8th May 2005, concludes that the proposals will improve the current Rankin’s Brae junction by reducing the number of heavy vehicles travelling through it. Other improvements include widening of the A815 with new footway along much of the length of the sites boundary, new junction and access to the timber transfer facility and marina and provision of a bus stop with waiting facilities. Overall the proposals fit within the context of existing local development, enhancing the waterside area and boosting the local economy. Most development in this rural area would be likely to generate higher levels of car trips, but the proposed


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development is considered to be the most appropriate for the site and local area. A subsequent Transport Impact Assessment Addendum Note 1, by Whyte Young and Green published March 2006 concluded that the increase in the number of vehicles on the existing junction at Rankin’s Brae was unlikely to be significant.

Information contained in the Timber Felling Production Forecast 4th May 2006, indicates that Seavision estimate that between 50-70% of the total tonnage of 1,783,000 tonnes for the period 2006-2015 will be exported through the port facility to ships (it should also be noted that one truck can only take 28 tonnes per delivery).

• The applicant’s agents submitted a Buildings Design Statement and site perspective sketches. While this is of limited value, the contents are summarised in the proposal below.

(B) POLICY OVERVIEW (i) Scottish Planning Policy The following Scottish Planning Policy documents are relevant: SPP 1: The Planning System SPP 2: Economic Development; SPP 6: SPP 7: Planning and Flooding PPG 13: Coastal Planning NPPG14: Natural Heritage SPP 15: Planning for Rural Development: NPPG 18: Planning and the Historic Environment: However, this advice is substantially incorporated in the Council’s adopted and emerging development plan policies set out below. (ii) Argyll and Bute Structure Plan (2002) The following policies are applicable STRAT SI 1 Sustainable Development STRAT DC 1– Development within the Settlements STRAT DC 7 – Nature Conservation and Development Control STRAT DC 8 – Landscape and Development Control STRAT DC9 – Historic Environment and Development Control STRAT DC10 – Flooding and Land Erosion STRAT CP1 – Coastal Transhipment Development The above policies are developed further in the Argyll and Bute Local Plan (Modified Final Draft) 2006. (iii) Cowal Local Plan 1993 In the adopted Cowal Local Plan 1993, the application site is located in the rural settlement of Sandbank/Ardnadam within the Central and East Cowal Local Scenic Area. Policy STRAT 1 – Regeneration of Cowal advises that the prime strategy shall be economic regeneration and population increase throughout Cowal in a manner which is sustainable in its use of natural resources and does not compromise the natural heritage of the area. Policy RUR 1 Landscape Quality seeks to resist prominent development which would have an adverse impact on East Cowal's rural and coastal landscape. All developments in the countryside require to be justified and assessed against the following criteria:

• Environmental Impact (including design, setting and scale of the development) • Locational/Operational Need • Economic Benefit • Infrastructure and Servicing Implications


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Policy RUR 2 Nature Conservation resists developmentwhich would erode or have an adverse effect on features of wildlife and scientific value including specifically iii) the saltmarsh and estuarine mudflat habitat at the Holy Loch. POL BE 9 seeks to achieve a high standard of layout and design. POL IND 6 supports the redevelopment of Robertson’s Yard, Sandbank for industrial, commercial or tourism uses. This site is the location of the proposed timber export pier and associated uses. POL IND 7 supports the redevelopment of ‘The Supply Depot Site’ (i.e. the current site of the Holy Loch Marina land-based operations), Sandbank for industrial, commercial or tourism uses.

POL COM 1 Existing Shopping Centres encourages the consolidation of shopping uses in existing commercial centres. POL COM 3 Off-Centre Retail Developments supports off-centre retail developments where there are no available sites or premises within the area defined under POL COM 1 to accommodate them and that they will complement rather than compete with it. POL TOUR 1 promotes the revitalisation of Dunoon’s role as a major tourist centre. POL TOUR 7 Development of Water Based Tourism supports water based tourism in Cowal, including Dunoon/Holy Loch area. POL TOUR 8 supports the development of marina and related facilities in the Holy Loch. POL COM 5 Bad Neighbour Development opposes “Bad Neighbour” developments which adversely affect the amenity of neighbouring properties and land. POL TR 3 encourages road and traffic management improvements including the stretch of the A815 from Rankin’s Brae to Robertson’s Yard. This stretch of road has been identified as having inadequate width. (iv) Argyll and Bute Modified Finalised Draft Local Plan June 2006 A Modified Finalised Draft of the Argyll and Bute Local Plan was approved in June 2006 for consultation purposes to 1 September 2006. Although not finally adopted, the following policies should now be accorded significant weight, although some may be subject to objections which may have to be considered at a local plan inquiry. The site is located within the Small Town and Village Settlement zone of Sandbank (including Ardnadam), which has also been identified as a key settlement. The Holy Loch Marina complex is zoned as an Established Business and Industry Area, while the site to the north is zoned as a Potential Development Area PDA 2/50 (Sandbank – Hooper’s Yard) for mixed use Tourism / Marine. The remainder of the site is foreshore located within the settlement zone. The proposal constitutes a Large Scale Tourist Development (refer to Policy LP TOUR 1 below) which would be consistent with STRAT DC1 where appropriate small scale infilling, rounding off and redevelopment is encouraged in these zones and in exceptional cases large-scale development may be supported. The main objectives of the Argyll and Bute Local Plan are as follows: Economic and Social Objectives SI 1 a) to improve economic competitiveness and the relatively poor economic performance of Argyll and Bute as a whole. b) to enhance the economic and social prospects of the geographically diverse local communities in Argyll and Bute. c) to promote appropriate responses to the variety of challenging economic, transport-related and planning circumstances facing these local communities. d) to treat the rich natural and historic environment of Argyll and Bute as a not fully realised economic asset which, if safeguarded and enhanced, can stimulate further investment and increased economic activity. Environmental Objectives SI 2 a) to safeguard the diverse and high quality natural and built heritage resources, including the abundant landward and maritime biodiversity of Argyll and Bute. b) to reinforce the strength of protection given to the European and national statutorily protected nature conservation sites, habitats, species and built heritage sites, with which Argyll and Bute is particularly richly endowed. c) to enhance and invest in the quality of the natural and built environment and to engage development more effectively with this enhancement process.


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d) to encourage development of a scale, form, design and location appropriate to the character of the landscape and settlements of Argyll and Bute. Policy LP ENV 1 advises that regard should be given to a number of criteria including impacts upon amenity and the environment; the location and nature of the proposed development; relationship to the road and public transport network; the availability of infrastructure; etc. Proposals that would have an adverse impact should be resisted. Policy LP ENV2 seeks to contribute to the delivery of the objectives and targets set by the Local Biodiversity Action Plan (LBAP). Proposals that incorporate existing site interests within the design will be encouraged and steps should be taken to avoid, mitigate or compensate for possible damage. Policy LP ENV 6 requires the Council to give full consideration to the legislation, policies and conservation objectives that apply to a variety of habitats & species. Policy LP ENV 8 Development should not have a significant adverse effect on Local Nature Conservation Sites or other nature conservation interests, including sites, habitats or species at risk as identified in the Local Biodiversity Action Plan. Policy LP ENV 12 Proposals for development that could affect the water environment will be assessed with regard to their potential impact on: water quality and quantity; riparian habitats and wildlife; leisure and recreational facilities; economic activity; and the resources protected by Policy ENV 1 and other relevant Structure and Local Plan policies. Policy LP ENV 13(a) - Development Impact on Listed Buildings seeks to preserve listed buildings or their setting. Policy LP ENV 19 Development Setting, Layout and Design seeks to ensure that new developments harmonise with their surroundings in terms of their setting, layout and density. Policy LP CST 1 - Coastal Development on the Developed Coast (Settlements and Countryside Around Settlements) generally supports development which: (A) Requires a coastal location; (B) Is of a form, location and scale consistent with STRAT DC 1-3; (C) Provides economic and social benefits to the local community; (D) Respects the landscape/townscape character and amenity of the surrounding area; AND, (E) Is in accordance with policy LP ENV 1. Policy LP CST 4 - Development Impact on the Natural Foreshore. Development will only be acceptable on the natural foreshore if there is a specific operational purpose for its foreshore location and there being no effective alternative location for the development landward of the natural foreshore. Development shall not damage nor undermine the key features of foreshore areas including the following: (A) The dynamics and balance of the ecology of the foreshore; (B) The sustainable productive capacity of the foreshore for shell-fish farming; (C) The effective functioning of the foreshore in providing access between land and water activity; (D) General public access down to and along the foreshore; (E) The attractive appearance of the foreshore itself and value of outlooks over and across the foreshore from land or sea. Policy LP RET 1 - Retail Development in the Towns – The Sequential Approach presumes in favour of retail development (Use classes 1, 2 and 3*) provided: (A) It is within a defined town centre; or, (B) Where the developer demonstrates that no suitable sites within defined town centres are available, on the edge of a defined town centre; or, (C) Where the developer demonstrates that no suitable sites are available within defined town centres, or on the edge of defined town centres, elsewhere in the town in a location that is or can be made accessible by a choice of means of transport; and in any of these cases, (D) There is no significant detrimental impact on the vitality or viability of existing town centres (E) The proposal is consistent with the other Structure and Local Plans policies. Policy LP RET 3 - Retail Development in the Villages and Minor Settlements There will be a presumption in favour of retail development (Use Classes 1, 2 and 3) provided: (A) The principles of the sequential test outlined in policy LP RET 1 are satisfied;


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(B) The proposal does not exceed 1000m2 gross retail floorspace; (C) Reasonable account has been taken by the developer of the possibilities of locating the proposal on brownfield land or in disused buildings; (D) The site has good access to the public transport network, where available, or delivers major improvements to public transport services in scale with the development; and, (E) The proposal is consistent with all other policies in the Structure and Local Plan. Policy LP BAD 1 Bad Neighbour Development “Bad Neighbour” Developments* will only be permitted where all the following criteria are satisfied. (A) There are no unacceptable adverse effects on the amenity of neighbouring residents; (B) The proposal includes appropriate measures to reduce the impact on amenity as defined by the use classes order (i.e. noise, light, smells); (C) There are no significant transport, amenity or public service provision objections; (D) Technical standards in terms of parking, traffic circulation, vehicular access and servicing, and pedestrian access are met in full (see Appendix C); (E) The proposal does not conflict with any other Structure Plan or Local Plan policy. Policy LP TOUR 1 presumes in favour of new or improved tourist facilities and accommodation provided they are of a form, location and scale consistent with policies STRAT DC 2-6 and, inter alia, they respect the landscape/townscape character and amenity of the surrounding area. Policy LP SERV 1 advises that connection to the public sewer as defined in the Sewerage (Scotland) Act 1968 will be a prerequisite of planning consent wherever significant development (large scale) is proposed. Policy LP SERV 2 - Incorporation of Natural Features/Sustainable Drainage Systems (SuDS) encourages developers to incorporate existing ponds, watercourses or wetlands in development schemes. The Council will also require that canalisation or culverting, which can increase the risk of flooding and also greatly reduce the ecological and amenity value of watercourses are avoided wherever practicable. Policy LP SERV 3 - Drainage Impact Assessment (DIA) requires developers to submit a DIA with certain categories of development. In all cases the Council will encourage the use of sustainable options for waste and surface water drainage. Policy LP SERV 8 - Flooding and Land Erosion. In all cases where the potential for flooding is highlighted, the Planning Authority will exercise the ‘precautionary principle’ and refuse development proposals where such proposals do not comply with specific criteria. Flood Risk Assessments shall accompany development applications when required by the Planning Authority, in consultation with SEPA. Policy LP TRAN 1 - Public Access and Rights Of Way (A) Development proposals shall safeguard public rights of way, core paths and important public access routes; (B) Where public rights of way, core paths or public access routes will be prejudiced by a development, including during construction and upon completion, then the developer shall be expected to incorporate appropriate alternative or modified public access provisions. (C) Core path plans and access rights will be material considerations in considering planning applications. Policy LP TRAN 2 - Development and Public Transport Accessibility (A) Development proposals which are likely to generate significant levels of journeys between places of residence, shopping, employment, leisure and social facilities, shall have regard to selecting and orientating development sites such that advantage can be taken of existing or potential public transport services to and from the locality; (B) Development shall make appropriate internal layout provision for encouraging pedestrian and cyclist access, linking the development with public transport facilities and routes or with locations that contain such facilities e.g. town centres; (C) When considered appropriate by the planning authority developers will be asked to submit an independent transport impact assessment and/or green transport plan to help justify their proposal. Policy LP TRAN 3 - Special Needs Access Provision (A) Development proposals, will be expected to make appropriate provision for: 1. Safe separation of pedestrian and vehicular traffic; 2. Access to open space, recreational and play space facilities and along desire-lines, including links to off-site destinations such as town centres, schools and recreational paths, as appropriate; 3. Cycle-ways and cycle-parking facilities where these form part of a green transport plan;


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4. Walkway and access facilities designed for use by the disabled, elderly, the infirm, the very young and parents with prams, including effective lighting provision as appropriate to the scale of the development and its location; 5. Access requirements shall comply with the Disability Act. (B) All Developments shall make suitable provision for service vehicle (including emergency services) access and turning. Policy LP TRAN 5 - Off Site Highway Improvements. Where development proposals will significantly increase vehicular or pedestrian traffic on substandard private or public approach roads, then developments will be required to contribute proportionately to improvements to an agreed section of the public or private road network. Policy LP TRAN 6 - Vehicle Parking Provision Off-street car and vehicle parking shall be provided for development in accordance with the parking standards (including disabled parking) set out in Appendix C. Policy LP TRAN 8 - Piers and Harbours encourages development within harbour areas provided they promote the retention of the harbour for commercial marine related uses and supports the further development of existing piers, harbours and marinas for marine leisure and recreational purposes. Policy LP REC 1 - Sport, Leisure and Recreation presumes in favour of new or improved sport and recreation facilities provided: (A) In the settlements the development is of a form, location and scale consistent with policy STRAT DC 1; (C) They respect the landscape/townscape character and amenity of the surrounding area; (D) They are readily accessible by public transport where available, cycling and on foot; (E) They are located close to where people live and reduce the need to travel; and, (G) The proposal is consistent with other policies contained in Structure and Local Plan.

(C) THE PROPOSAL

The proposal is for an extension to the existing marina facilities and the creation of a timber export facility at Holy Loch Marina, Sandbank. The Site The application site covers approximately 14 hectares comprising onshore and offshore components of the marina extension and timber transfer facility. The site is bounded to the north by an area of mudflats, to the east by the Holy Loch and to the south by the existing marina. The existing facility, which is accessed from Rankin’s Brae, comprises 100 berths, an existing pier currently used for a number of commercial/recreational purposes including the export of timber and a boat yard. This yard includes a large boat storage building which incorporates offices and commercial uses associated with the marina. The site is bounded to the west by residential properties on either side of the A815 which forms the western boundary with the exception of several residential properties and the Oakbank Hotel which are immediately adjacent to the site. The majority of the site comprises a gently sloping shingle beach with the high water mark delineated by a high seawall. The seawall is lowest along a section which runs behind the residential properties from Clyde Cottages to Miller Cottage including the Oakbank Hotel. These properties are all immediately adjacent to the western boundary of the development site where there is evidence that their gardens are prone to flooding, particularly at high tides. Parts of the seawall at this location have been damaged by wave action and, additionally at a point halfway along the proposed area of infill, the Council recently had to carry out emergency repairs to the seawall to bolster the A815, where large surface cracks were appearing due to the stability of the sea wall and as a result of increased heavy traffic on this main route into Sandbank and Dunoon. The site is currently at sea level and a large area of foreshore is exposed at low tide.

The Proposal The proposed development can be broken into two distinct components, a timber transfer facility and expanded marina. While both components require infilling, the expansion of the existing marina is almost entirely on reclaimed land with the exception of improvements to an existing boat storage area into a formal car park. These components are further described below.


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(i) Timber Transfer Facility

The Timber Transfer Facility comprises : • a main pier platform of tubular steel frame construction with hard surfaced platform where cranes and

timber storage facilities would be located; • a weighbridge and pier access platform located on tapered surfaced platform located between low water

mark and new pier; • a causeway linking timber export facility to pier; • a pier services building or port facility building (single storey building of approximately 526m2 floorspace)

which will provide garaging with service facilities for plant and equipment associated with the port together with office and toilet accommodation for the port;

• a bark storage facility and lorry cleaning station located opposite pier services building and screened by landscaping;

• staff car parking area (18 spaces) located in front of pier services building and screened by landscaping. It should be noted that a large lorry park close to the main entrance to the timber transfer facility was deleted from the previously withdrawn scheme following concerns raised by occupants of adjacent residential properties. This area is now proposed as a landscaped area with planting which will help to screen the propose lorry cleaning and bark storage area.

The applicant’s agents comment that, “the existing timber transfer facility has proved successful but is limited by a number of factors including access issues and capacity in terms of storage and size of vessels using the pier. The proposals will provide a modern facility, specifically designed to meet the needs of transferring timber from road to ship and reducing lorry miles either out of Argyll or to existing sea ports. The proposals are also designed to meet the needs of forecast timber production for the ten year period 2006 to 2016 and beyond. Estimates for timber production in this period are likely to put the existing Sandbank facility beyond its current capacity. Without new infrastructure the potential for timber harvesting may not be realised or at worst will increase the tonnage and lorry miles on the road network. The proposals have support in the form of a guide award of around £3.8 million up to 50% of the costs, under the Freight Facilities Grant Scheme. The proposals would represent a significant investment in the local economy in association with the marina, which will create several new jobs and bring in additional revenue to the economy.”

(ii) Dredging and Deposition Approximately 75,000m3 of seabed sediment is to be dredged to form two berth areas adjacent to the new

timber transfer pier, which will be deposited onshore resulting in the extension of the existing area of reclaimed land at Robertson’s Yard in an easterly direction.

A further 150,000m3 of seabed sediment is to be excavated and deposited on the existing foreshore to be formed into a new landscaped area where car parking spaces and other buildings will be located. The excavation and deposition of sediment will be conducted in six successive phases, following dredging activity at the timber transfer site. Each phase will involve approximately 25,000m3 of material which will take around 3-4 months, based on a 10-12 hour day, Monday to Friday and depending on tides. The dredged material is expected to take 12-18 months to dry sufficiently before any construction and landscaping can take place. As was required for Phases 1 and 2, an assessment of contamination will be undertaken prior to any dredging works.

(iii) Marina

The proposed marina will cover an area of approximately 10 hectares (including offshore portion) and work will commence upon this aspect on completion of the timber transfer pier. The new marina site (approximately 3.2 ha) will be created by the infilling of the existing area of foreshore between the proposed timber transfer facility at Robertson’s Yard at the north end of the site and the existing marina facilities at the southern end. The height of this area of infilled land will be levelled at 5.0 metres AOD and 5.2 metres AOD for the promenade. In terms of offshore infrastructure, the proposal will include the formation of a floating breakwater attached to the existing pier in the south of the site comprising twelve linked concrete pontoons (each 20m x 3m x 1m deep). The breakwater will extend 240metres in a north westerly direction. The marina berths will be created using a system of floating pontoons, secured to the new foreshore at three separate points and extend some 60-100 metres into the Holy Loch. Each phase of the marina construction will add 50 new berths resulting in 300 berths in total for use by a mixture of short-term visitors and longer term permit holders. The berths would be accessed via one of two pontoon access stations which would be located at the edge of the newly created foreshore. These stations (75m2 footprint) will include toilet and showering facilities which


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will be housed within grey metal clad buildings with green metal roofs. In the Buildings Design Statement the agent comments that these are, “small services buildings at gates to pontoons, housing showers and “barrow” park for berth-holders”. (iv) Buildings and Plant

The central and main focus of the reclaimed site will be a two-storey building (with a total combined floorspace of 772m2) incorporating a restaurant/bar, a shop, office space, meeting room and toilets. The building will have similar materials to the pontoon access stations with grey and green metallic cladding and roofing but with timber and stone finishing and large areas of glazing to maximise views of the loch. In the Buildings Design Statement the agent comments that, “the restaurant building is essentially a public building serving food and drink to the public. Office accommodation is proposed at the upper floor level for marina administration. The restaurant is positioned centrally in the site, close to the water’s edge to give dramatic views over the marina through a largely glazed elevation. The proposal also includes the erection of two blocks of single storey retail units (Retail Block 1 Units 1-5 with a total new floorspace of 551m2 and Retail Block 2 Units 6-12 with a total new floorspace of 539m2) Block 1 which will be located to the south of the restaurant building includes five units including public toilets with showers and harbour master’s office. Block 2 which will be located to the north of the restaurant building will include seven individual units. Appropriate car parking for these uses is located adjacent. The applicants have confirmed that the retail units will be utilised for uses associated with the marina activities. In the Buildings Design Statement the agent comments that, “the retail units are small flexible buildings arranged to provide a variety of sizes for different marina-related businesses.” (v) Traffic and Access Two new vehicular access points will be created. The northern access will be located at the former Robertson’s Yard opposite the residential development currently under construction at McKinley’s Quay. This would serve the timber export facility only with the majority of timber lorries expected to arrive from the north. Road widening will allow an exit lane to be created which will help to minimise noise disturbance to neighbouring residential properties at this point. A second access is located approximately 70 metres west of Miller Cottage which would be the main entrance to the new marina site. This access would feed into the site where car parking bays for berths and retail outlets and commercial uses would be located. An existing footpath would be extended along the north side of the A815 where a new bus stop would be located. There are a series of landscape footpaths within the site to aid pedestrian permeability. A Transport Assessment has been submitted in support of the proposal. (vi) Drainage

Development of the entire site will involve a Sustainable Urban Drainage System (SuDS), which is the subject of ongoing discussions with SEPA and Transportation and Infrastructure Group. Surface drainage from the onshore areas will drain via a system of infiltration pits and sediment traps and an oil interceptor to the loch. (vii) Construction Programme and Phasing The applicant’s agents have confirmed that the phasing of the development will be as follows:

Phase 1 2006 Formation of tidal dam and infill works; Phase 2 2007 to 2008 Construction of timber export pier;

Phase 3 2006 to 2012* Phases 4, 5, 6 – 50 moorings to be added each phase where each phase would last two years. * Initial phases (i to iii) have already been developed within existing marina facility;

Phase 4 2008 first phase of retail units (Block 1) to be constructed including infrastructure and esplanade (southern portion);

Phase 5 2011 restaurant building to be constructed; Phase 6 2012 second phase of retail units (Block 2) to be constructed including

infrastructure and final completion of esplanade (northern portion).


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(viii) Construction Staff and Operating Hours The applicant’s agent has confirmed that it is anticipated that a development of this scale will create 13 new permanent jobs and 4 part-time jobs. Where practicable, employment for the construction phases will be drawn locally. The maximum number of construction employees for a scheme of this scale could be around 50-60 assuming day shifts only. (ix) Consideration of Alternatives In terms of alternatives the current scheme is a result of the success of initial phases and a review in respect of the inclusion of the timber transfer facility. Leaving the timber facility within the existing marina would result in a significant impact on residential amenity as well as conflicting uses within the site. As a result, the relocation of the timber export facility to the north end of the site at the former Robertson’s Yard and away from Rankin’s Brae and the junction with the A815 as well as affecting more residential properties, is considered to be a better alternative. (D) ASSESSMENT AGAINST POLICY CONSIDERATIONS

While there are no specific policies in the adopted Cowal Local Plan or emerging Argyll and Bute Modified Finalised Draft Local Plan which support the application site for the uses proposed, there are a number of policies at local and national level which offer general support for the development.

The existing marina has been expanding in recent years, and from the numbers of letters from businesses operating within the complex, there are clearly economic benefits to accrue directly from the proposal. Additionally, the expansion and improvements to the existing marina will help to underpin the tourist industry in the area and act as a catalyst for further investment. The proposal will also enhance the infrastructure of the surrounding area. It is therefore considered, subject to certain safeguards, that the proposal will not have an adverse environmental impact on the rural landscape of this part of Cowal and there are no adverse road safety implications. Accordingly, it is considered the proposal is consistent with Policy RUR 1 Timber Transfer Facility Under Policy LP TRAN 8, while the existing Holy Loch Marina and proposed Timber Transfer Facility would be regarded as pier facilities rather than harbours, the proposed development would be complementary or ancillary to the various activities already taking place within the marina complex itself. The proposals would not compromise the efficient working of the marina area and would alleviate pressures within the existing pier area by relocating the timber transfer facility to the northern end of the site. The design, scale and siting of the new development would be located in and between an existing industrial/commercial/recreational area and an area of land previously zoned for industrial purposes in the Cowal Local Plan (POL IND6 and POL IND7) and zoned as a Potential Development Area PDA 2/50 (Sandbank – Hooper’s Yard) for mixed use Tourism / Marine in the Draft Local Plan. It is considered that in general policy terms, the proposed development would be compatible in its surroundings given the adopted and emerging zonings and established uses. Expanded Marina, Tourism and Recreational Uses The expansion of the existing marina facility to create an additional 300 berths and associated tourist/leisure/recreation uses would accord with Policies POL TOUR 1, POL TOUR 7 and POL TOUR 8’ of the Cowal Local Plan. Proposed Retail Buildings The proposed total retail floorspace of the two blocks of units is just under 1000m2 which would be consistent with Policy LP RET3 (which applies to Sandbank as a small town/village) of the Argyll and Bute Modified Finalised Local Plan June 2006. However, given the nature of the associated uses that operate within the existing marina, it is anticipated that not all of these units would be exclusively for retail purposes where potential Class 4 uses could also be compatible. Conditions are however recommended in respect of sub-dividing the units to create larger retail units which could have a detrimental impact on the vitality of existing shops. A further condition is recommended in respect of the type of outlets and goods to be sold which should be closely associated or ancillary in nature to the activities within the marina.


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Other Issues Contaminated Land Public Protection note that the area where dredging of the sea-bed is proposed for infilling purposes has a known history of contamination. The EIA indicates that the dredging works will be conducted in a similar manner to Phase I and Phase II concerning sampling and assessment. This is acceptable but a detailed report will require to be submitted concerning the protocol ensuring that it has been revised in accordance with current guidelines. Environmental Impact - Landscape and Visual The site lies on a visible shoreline of the eastern side of the Cowal Peninsula, north of Dunoon and adjacent to the Loch Lomond & The Trossachs National Park. The landscape character of the surrounding area comprises primarily linear low-rise residential/commercial properties along the southern shore of the Holy Loch, set against a backdrop of high ridges of natural and plantation woodland. The landscape character is typical of the wider landscape of the Clyde Coast and ‘gateway’ to Argyll Forest Park. The site itself lies within an existing built up area, partly comprising a derelict and neglected area of shoreline. This shoreline is backed by a high stone seawall with a former industrial site (Robertson’s Yard) to the north of the site where there was a historical use for shipbuilding purposes closely linked to Sandbank. The main impact of the development will be the infill of part of the foreshore resulting in urbanisation of the area, extending the marina further out into the Holy Loch, additional car parking on the site and lighting sources. However visual impacts will be greatest on immediately adjacent or surrounding properties but unlikely to have a significant detrimental visual impact on key receptors within the National Park, some 700 metres away from the site. From these key vantage points, it is considered that the landscape is recognised to be of sufficient scale to absorb the development where in many instances views will be blocked by woodland and other physical intrusions. The greatest impact on the National Park is likely to arise from lighting sources from the site (Refer to lighting below). In landscape terms, the proposed development would have an immediate visual impact on adjacent buildings where the existing open foreshore area would be lost. However, in terms of wider views, the low-lying nature of the site together with appropriate landscaping/screening, design of buildings, and lighting should be capable of integrating into the surrounding landscape, and given the existing marina operation and derelict condition of Robertson’s Yard, would not be significant. While the expanded site would be visible from a number of wider locations, it would not be conspicuous as it would be backed by existing buildings and uses along the linear settlement of Sandbank. The pier and causeway are likely to be visible from a number of vantage points but the removal of this operation from one side of the marina to another should negate any visual impact. Design of Buildings In the Environmental Statement and Buildings Design Statement the agents consider that the proposed buildings on the site will be appropriate in terms of their function and design. The buildings are designed using roughcast walls with natural stone feature points at the restaurant. Roofs are generally sloping and metal-clad to reflect the modern shapes and materials of the yachts in the marina where features such as masts and tension wires will echo these nautical shapes. While the department has no objection to the location and function of these buildings, their prominent location warrants an enhanced design by the careful use of materials to avoid ‘industrial looking’ buildings. While the external wall materials are considered to be acceptable, samples require to be submitted for the written approval. In terms of roofing materials, the department consider that the use of a metal clad roof on the restaurant building could be improved by the use of slates/tiles. The agent has confirmed that the standing seam metal clad roofing system is of a high quality but all roofing materials will be subject to a condition requiring samples to be submitted for approval. Traffic and Access While the Area Roads Manager has no objections to the scheme, a number of safeguarding conditions and advisory notes are recommended. These have been incorporated into recommended conditions and advisory notes. Many of the requirements sought by the Area Roads Manager will be addressed in a Roads Construction Consent.


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Construction The applicants have indicated in the ES that they will submit a Construction Environmental Management Plan which shall address all issues associated with the infilling and construction of the site and buildings. This aspect is covered by a recommended condition where vehicle washing and noise aspects are also included. Noise Public Protection note that, during the construction phase, noise will arise from building works. The applicant should be encouraged to liaise with Public Protection in order to discuss the minimisation of noise emissions throughout the construction phase. The operation of the marina and the timber transfer facility will introduce a number of new noise sources. Plant and equipment, vehicle movements and personnel have the potential to give rise to annoyance at the nearest receptors, particularly where background noise levels are generally low. It is noted that the applicant has considered noise issues from the timber transport facility in the Environmental Impact Assessment and offered various mitigation measures to meet the requirements of BS 4142:1997, it is anticipated that these would form the basis of a Noise and Operational Management Plan requested in the conditions listed. Air Quality Public Protection notes that dust may be generated during the construction of the marina development. A dust management plan should be submitted by the applicant, prior to the commencement of works. It is anticipated that there may be dust and particulates arising from the handling of the logs at the logging terminal. The dust management plan should include this operation. Odour Public Protection notes that no problems are anticipated concerning odour nuisance. Bad Neighbour Development Public Protection comment that the application has been considered, in terms of the above, regarding the potential for ‘bad neighbour development’.

Boundary Treatment While Scottish Natural Heritage has not objected to the proposed development, further information is requested in respect of the design and alignment of all security fencing. Insufficient details have been submitted at this stage and a specific condition is recommended regarding all boundary treatments including security fencing, natural hedging and promenade fencing. Lighting Public Protection note that the EIA (Issue 2 May 05) and Addendum A (April 2006) refer briefly to lighting columns as an element of the proposal which will impact on visual receptors and that they will be “lit during operational hours of darkness”. There is no reference to temporary site lighting for the period of construction. As there are no legislative provisions to deal with problem lighting, it is recommended that conditions be attached to any planning consent granted, in order to protect the amenity of the area both during and after construction. Scottish Natural Heritage also request further information in respect of a detailed lighting plan that demonstrates that low-intensity lighting can be used wherever possible. Similarly Loch Lomond & The Trossachs National Park Authority do not object to the proposed development but comment that the greatest impact from the development on surrounding properties including the National Park is likely to arise from reflective light from cars parked and light pollution from other sources. Whilst the development is sited at a distance from the National Park but closer to properties along Shore Road, the glow from mast lighting, light reflected on car windscreens, light from vehicles and light from buildings on site may all give rise to unacceptable light pollution and light spillage outwith the site into existing rural and semi-rural areas. For this reason, conditions are recommended in respect of mitigating effects of lighting by uses of suitable landscape screening and use of low-intensity lighting and sympathetic design and location of lighting sources. Drainage Detailed ongoing discussions have taken place between the applicant’s consulting engineers, SEPA, the Councils Flood Group and Roads and Amenity Services regarding levels across the site and potential flood risk. The applicant’ agents have finally confirmed that the floor levels of all buildings on site will be 150mm above surrounding ground levels. Both Transportation and Infrastructure and SEPA are agreeable to the freeboard level but request final confirmation on the revised development levels and freeboard in respect of


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the potential for ponding to take place. The SuDS scheme, which has been designed to take account of the 1:200 flood event following discussion with the Flood Group and SEPA, should also be clarified in respect of overtopping and surface water run-off. On the issue of flood risk and foul drainage, SEPA note that the uncertainty in estimating the design water level has been recognised and that it is now proposed to raise the promenade level to 5.2 metres AOD to give a 0.7 metre freeboard to the estimated design water level. In terms of the discharge of foul effluent from boats using the pontoons, the applicant proposes to erect signage stating that under no circumstances must effluent be discharged into the water by any craft moored at the pontoons. SEPA welcomes this approach and requests that this aspect be covered by a condition. Impact on Adjacent Properties While properties along the majority of the A815 will lose immediate views, longer views of the Holy Loch and surrounding areas will not be significantly affected. The careful modelling and landscaping of the site and enhanced design for the buildings should ensure that this development improves the overall environment notwithstanding improvements to existing infrastructure and public access to the foreshore and marina. It is however the properties between Clyde Cottages and Miller Cottages that will experience the greatest visual change. The existing foreshore which abuts the rear of the properties will be infilled and repositioned some 80-100 metres away. The revised levels of the infilled site mean that the raised site will be higher than the rear gardens of these properties with berth and retail parking located nearby. The department have identified this are as a key issue which has yet to be resolved in detail. It is suggested that this are could be sloped into a hollow where dense landscaping would create an effective low barrier between these properties and the car parking areas. The car parking areas will also need to be suitably screened with modelling and landscaping techniques to ensure that an acceptable environment will be created. It has also been suggested in earlier discussions with the applicant and his agent that these properties might benefit from dedicated rear accesses which they do not have at present with all access off the A815 or not at all. A compromise solution may be to take an access from the internal site road and provide these properties with rear access/servicing. This could be dealt with at a later stage as an amendment to the currently submitted scheme. Landscaping and Car Parking Amongst the many letters of objection is a common fear that the proposed area of infill will give the appearance of a retail park with the number of car parking spaces proposed and poor quality landscaping proposed. The nature and location of the application site will require enhanced landscaping in the form of modelling and contouring to contain the car parking areas and buildings and other structures within the site. A ‘parkland’ approach would not be in keeping with the surrounding area which is semi-rural in nature. The choice of landscaping materials, trees and shrubs should reflect the coastal rural location. A specific suspensive condition is recommended regarding an enhanced landscaping scheme for the entire site. Ecology and Habitat Scottish Natural Heritage has not objected to the proposed development but recommends that a repeat survey for otters be carried out at least three months prior to any work commencing on site to establish otter presence on site. Additionally, it is recommended that, if ringed plover and/or oystercatcher commence breeding on the site work above the Mean High Water Spring Mark, work should be delayed until after the breeding bird season (March to July).

(E) CONCLUSION This application has attracted much attention in its scale, complexity and impact on the environment of

Sandbank and the Holy Loch. The Holy Loch Marina has operated successfully for a number of years through gradual expansion and provides a significant number of jobs and facilities for boat users and associated uses. While the proposals may appear grand in a local context, the existing infrastructure and general environment could benefit from significant improvements. The implications for an enlarged marina and port facility will have further reaching benefits than just locally. Undoubtedly, in a scheme of such scale and given the proximity of several residential properties, not everyone will regard the scheme as a welcome neighbour. In cases such as this, significant weight must be given to the Council’s own aspirations through its policies to broaden the tourist base for the Dunoon area and attract more visitors to the area which in turn will boost the local economy.

Having due regard to the Development Plan and all other material considerations and on the basis of the

above, the proposal is considered to be acceptable.


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(E) REQUIREMENT FOR A HEARING Although the development broadly accords with the development plan, it is recommended that, because of

the large number of letters of representation received and local feeling towards the scheme, the complexity of the proposal, its potential impacts on the foreshore and settlement of Sandbank weighed against the importance of the improved facility to the Sandbank/Dunoon area, a discretionary hearing should be held before the application is determined.

development services local member - councillor t.b ...€¦ · development services local member -...

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