Report by Head of Planning and Regulatory Services
Minutes:
The Principal Planning Officer spoke to the terms of the report advising that the application was for planning permission for the formation of a multi-use/short stay transit marina, plus diesel berth, managers office, provision for small day boats/ribs and limited use for overwintering at Oban Bay, Oban and gave a description of the development. This application follows on from an unimplemented Planning Permission and a subsequent withdrawn application. This application proposes various amendments to the originally approved development 08/01049/DET which formed the basis of Planning Application 11/02443/PP (since withdrawn), together with further amendments which resulted from consultee and third party feedback to that application. 136 letters of representation had been received; 131 letters in support and 5 of objection. The proposal was consistent with the provisions of the Development Plan and that all other material considerations had been taken into account, including the views of third parties, none of which were of such weight that they could not be overcome by suitable planning conditions. He advised that approval of the application was recommended subject to the conditions and reasons as detailed in the report.
Decision
Agreed to grant planning permission subject to the following conditions and reasons:-
1. The proposed development shall be carried out in accordance with the details specified in the application form dated 22nd March 2012; and the approved drawings numbered: L03 (B) – Site Plan; L-01 (B) – Plan As Proposed; and, L02 (B) – Sections A-A & B-B As Proposed; and stamped approved by Argyll and Bute Council.
Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.
2. The use of the marina shall be restricted to short-stay/transient 60 berth pontoons and no single vessel shall berth at the pontoons for a period longer than 7 days within any calendar month, with the exception of over-wintering vessels, which shall be limited to a maximum number of 20 berths at any one time, which shall only be occupied for such purpose between the beginning of October and the end of March. Vessels over-wintered shall not be used to provide live-aboard residential accommodation. An up to date detailed log of the arrival and departure of all vessels using the marina shall be kept for the lifetime of the development and shall be made available to the Planning Authority for inspection upon request.
Reason: In accordance with the use applied for, in that a permanent berth marina in this location by reason of lack of onshore facilities and car parking would be unacceptable.
3.
Prior to the use of
the pontoon system for the over-wintering of boats, engineering evidence shall
be submitted to substantiate the marina’s structural integrity to accommodate
20 boats (maximum length 14 metres) during the over-wintering period provided
for by condition 2 above. This evidence
shall be accepted in writing by the Council as Planning Authority prior to any
use of the pontoon system for the purposes of over-wintering during that
period.
Reason: It has not been confirmed beyond doubt that
the marina is designed to a sufficient specification allowing for any
additional stress to the pontoon structure when overwintering boats are berthed
during storm conditions, in circumstances where loss of integrity could
compromise navigational safety.
4.
Prior to commencement
of development, a detailed a design & build programme incorporating a site
specific Construction Method Statement shall be submitted to and agreed in
wring by the Planning Authority in consultation with SEPA, SNH and CMAL. The
method statement shall be prepared in consultation with CMAL in its capacity as
Statutory Harbour Authority and shall address construction risks and indicate
the timing, duration, method and expected noise levels in relation to the
proposed piling operations. It shall also address management of waste, control
of pollution and minimisation of disturbance to wildlife. Once agreed, all piling and other
construction works shall comply with the duly approved details.
Reason: In the interests of safeguarding amenity and
in the interests of nature conservation as insufficient information has been
provided in respect to these works and to ensure that
5.
Prior to commencement of development, a Safe
Management System which manages the hazards and risks along with any
preparations for emergencies shall be
prepared in accordance with the Department of Transport Marine Safety
Code (October 2009) and shall be submitted for the further written approval of
the Planning Authority, in consultation with CMAL. Thereafter, the Safe Management System shall
be implemented and maintained in accordance with the final approved details to
the satisfaction of the Planning Authority.
Reason: To
secure a systematic way of identifying hazards and controlling risks and
provide assurance that risk controls are effective in the interests of safety in accordance with the Risk Management Report, developed by
Abbott Risk Consulting, May 2011and the
Department of Transport Marine Safety Code (October 2009).
6. The operators of the marina shall participate in any Marine Safety Risk Assessment Workshop as may be convened periodically by the Council on behalf of users of Oban harbour in order to address ongoing issues relating to navigation interests and marine safety. In the event that any specific risks arising from the presence and operation of the marina facilities are identified, the operator should implement any management control measures (physical & operational) identified by the Risk Assessment Workshop, in accordance with details and a programme of implementation to be approved in writing by the Council as Planning Authority immediately following the conclusion of that Risk Assessment Workshop.
Reason: To
ensure that the operators of the marina, as stakeholders within Oban harbour, can
in partnership with other stakeholders, contribute to the safe development of
marine interests in the harbour, and to provide a framework within which future
operational risks can be identified and mitigated so as not to risk the future
safe operation of the marina and Oban harbour.
7.
Prior to commencement
of development, the exact positioning of the external attenuator immediately
adjacent to the North Pier along with
a cross-section of the ‘Armorflex’ and a method statement for its installation
shall be submitted for the further written approval of the Planning Authority.
The development shall be implemented wholly in accordance with the duly
approved details.
Reason: In the interests of navigational safety and
to ensure that any damage to the North Pier and slipway is prevented in the
interests of public safety.
8.
Prior to commencement
of development, the intended provision of Black Guillemot nest boxes to be
provided within the site shall be submitted to and approved in writing by the
Planning Authority. This shall comprise a plan showing the numbers positions
and construction of those next boxes. Within 1 month of the substantial
completion of the development, the nest boxes shall be provided and they shall
be maintained thereafter in a useable condition for the purpose for which they
are intended.
Reason: In the interests of nature conservation.
9. Unless otherwise agreed in writing by the Planning Authority, prior to commencement of use of the development hereby approved, the exterior of the polyethylene bunded diesel tank shall be painted/treated in a grey colour recessive finish and shall be so maintained in a neat and tidy condition at all times to the satisfaction of the Planning Authority.
Reason: In the interests of the appearance of the development and visual amenity of the area.
10. Notwithstanding the details show on the submitted plans and the effect of condition 1 above, installation of the structure intended to provide manager’s accommodation shall not take place until detailed drawings and specifications of an amended design for the proposed office have been submitted and approved in writing by the Planning Authority. The design shall be recessive in colour and finished in traditional materials.
Reason: The proposed modular building is not considered to be an acceptable design solution for this site, and would be detrimental to the setting of nearby listed buildings.
11.
Prior to commencement
of development, a Waste Management Plan for the operational phase of the
development shall be submitted to and approved in writing by the Planning
Authority in consultation with the Scottish Environment Protection Agency. This plan shall include details of the
arrangements for the storage, separation and collection of waste from the site
and its r collection point, including provisions for the safe pick-up by refuse
collection vehicles. The approved Waste
Management Proposals shall be carried out in accordance with the duly approved
scheme.
Reason: To ensure that waste from the
proposal is dealt with in a sustainable manner in accordance with the National
Waste Strategy for
12.
Prior to commencement
of the development, an assessment shall be carried out of the noise likely to
be created by the operation of this facility.
In particular, this should consider noise arising between the hours of
22:00 – 06:00 daily and should inform the production of a Noise Management
Plan. This plan must identify all steps
to be taken to prevent/minimise noise likely to arise from the operation of
this facility. A copy of this plan shall
be submitted for the written approval of the Planning Authority in consultation
with the Environmental Health Officer, and thereafter the development shall be
operated in accordance with the duly approved details, including any mitigation
measures identified by the Plan.
Reason: In order to control noise and
disturbance created by operations in the interests of amenity.
13.
Prior to commencement
of the development, full details of any external lighting to be used on the
site shall be submitted to the Planning Authority for approval in writing. The submission shall include the location of
each light unit, the footprint of the illuminated area and the wattage of each
light unit. With the exception of lighting required for the
purposes of navigational safety, all lighting provided at the pontoons,
breakwater, and access bridge shall be the minimum required for the purpose,
shall be of the lowest wattage required for the purpose each light unit, and shall
be so positioned, angled, controlled and shrouded so as to prevent spillage of
light and glare beyond the site boundary.
Guidance issued by the Institution of Lighting Engineers shall be
followed in this respect.
Reason: In order to protect the amenity of
the land adjoining the development from unnecessary light pollution.
14.
Prior to commencement
of development, detailed drawings (plans & elevations) of the proposed
pedestrian access to the pontoons, including the access gate, bin storage area
and access bridge shall be submitted for the further written approval of the
Planning Authority in consultation with the Roads Authority. The development
shall be implemented in accordance with the duly approved details.
Reason: In the interests of pedestrian
safety.
15.
Prior to development
commencing, a method statement detailing the management arrangements for all
deliveries of plant and materials to the site shall be submitted for the
approval of the Planning Authority, in consultation with the Roads Authority.
The development shall be implemented in accordance with the duly approved
details unless any subsequent variation thereof is agreed in writing by the
Planning Authority.
Reason: To minimise interference with the safety
and free flow of traffic on the trunk road and to ensure the safety of
pedestrians on the trunk road and footway.
16.
Prior to development
commencing detailed drawings shall be submitted which demonstrate that the
access between the existing slipway adjacent to George Street and the proposed
Launching Steps shall be graded and finished so as safe and easy access to the
water can be achieved by persons with a canoe, kayak or other water sports
users at all states of tide has been submitted to and approved in writing by
the Planning Authority in consultation with the Outdoor Access Team. The development shall be implemented in
accordance with the duly approved details unless any subsequent variation
thereof is agreed in writing by the Planning Authority.
Reason: To ensure that safe and easy access
to the water for canoe, kayak and other water sport users is achievable at all
times.
(Reference: Report by Head of Planning and Regulatory Services dated 1 June 2012, submitted)
Supporting documents: