Argyll and Bute Council – Development Management
Pre Application Advice Report
19th March 2019
Reference:
19/00385/PREAPP
Pre Application Enquiry - formation of new access road, erection of 24 hillside
Proposed
terraced houses and 12 Lochside terrace houses, creation of new Drover's
Development: Landing area including commercial units, public parking and creation of new
public realm with large proportion of open space
Site Address: Lochside Land In The North End Of Portincaple Argyll And Bute
The information represents the informal view of the planning officer and is given without
prejudice to the outcome of any planning application submitted in respect of the above
development.
Permissions Required
☐
Planning permission
Type of Application
☐
Local Application
EIA Scoping/Screening Required
☐
Yes, EIA screening is required
Pre Application Consultation Required
☐
No
Site Visit Undertaken
☐
Yes.
Local Development Plan Policies
LDP STRAT 1 – Sustainable Development
The Settlement and Spatial Strategy
LDP DM1 – Development within the Development Management Zones
Protection, Conserving and Enhancing our Outstanding Environment Together
LDP 3 – Supporting the Protection, Conservation and Enhancement of our Environment
LPD 4 – Supporting the Sustainable Development of our Coastal Zone
Creating a Sustainable and Growing Economy Together
LDP 5 – Supporting the Sustainable Growth of Our Economy
LDP 6 - Supporting the Sustainable Growth of Renewables
Strengthening Our Communities Together
LDP 8 – Supporting the Strength of our Communities
LDP 9 – Development Setting, Layout and Design
Maximising Our Resources and Reducing Consumption Together
LDP 10 – Maximising our Resources and Reducing our Consumption
Improving Our Connectivity and Infrastructure Together
LDP 11 – Improving our Connectivity and Infrastructure
Local Development Plan – Supplementary Guidance Policies
Natural Environment
SG LDP ENV 1 – Development Impact of Habitats, Species and Our Biodiversity (i.e.
biological diversity)
SG LDP ENV 6 – Development Impact on Trees / Woodland
SG LDP ENV 7 – Water Quality and the Environment
SG LDP ENV 8 –Green Networks
Landscape and Design
SG LDP ENV 13 –Development Impact on Areas of Panoramic Quality (APQs)
Support for Business and Industry: General
SG LDP BUS 1 – Business and Industry Proposals in Existing Settlements and Identified
Business and Industry Areas
Support for Industry and Business
SG LDP TOUR 1 – Tourist Facilities and Accommodation, including Static and Touring
Caravans
SG LDP TOUR 2 – Safeguarding Valued Tourist Areas Vulnerable to Change of Use
SG LDP TOUR 3 – Promoting Tourism Development Areas
Retail Developments (including changes of use to and from shops)
SG LDP RET 3 – Retail Development in the Key Rural Settlements, Villages and Minor
Settlements
General Housing Development
SG LDP HOU 1 – General Housing Development including Affordable Housing
SG LDP HOU 2 – Special Needs Access Provision in Housing Developments
Housing Greenspace
SG LDP HOU 3 – Housing Green Space
Sport, Leisure, Recreation and Open Space
SG LDP REC/COM 1 – Sport, Recreation and Community Facilities
Key Rural Services
SG LDP REC/COM 3 – Safeguarding Key Rural Services
Planning Gain
SG LDP PG 1 – Planning Gain
Departures from the Local Development Plan
SG LDP DEP 1 – Departures to the Local Development Plan
Sustainable Siting and Design
SG LDP Sustainable - Sustainable Siting and Design Principles
Resources and Consumption
SG LDP SERV 1 – Private Sewerage Treatment Plants and Wastewater (i.e. drainage)
systems
SG LDP SERV 2 – Incorporation of Natural Features / Sustainable Systems (SUDS)
SG LDP SERV 3 – Drainage Impact Assessment (DIA)
SG LDP SERV 5(b) – Provision of Waste Storage and Collection Facilities within New
Development
SG LDP SERV 6 – Private Water Supplies and Water Conservation
Addressing Climate Change
SG LDP SERV 7 – Flooding and Land Erosion – The Risk Framework for Development
SG LDP CC 1 – Climate Change and Sustainable Buildings
SG LDP Sust Check – Sustainability Checklist
Transport (including core paths)
SG LDP TRAN 1 – Access to the Outdoors
SG LDP TRAN 2 - Development and Public Transport Accessibility
SG LDP TRAN 3 – Special Needs Access Provision
SG LDP TRAN 4 – New and Existing, Public Roads and Private Access Regimes
SG LDP TRAN 5 – Off-Site Highway Improvements
SG LDP TRAN 6 –Vehicle Parking Provision
Other Relevant Material Considerations
National Planning Framework 3 Ambition l Opportunity l Place
https://www.gov.scot/publications/national-planning-framework-3/ Scottish Planning Policy
https://www.gov.scot/publications/scottish-planning-policy/ SNH Ancient Woodland Inventory
https://gateway.snh.gov.uk/natural-spaces/dataset.jsp?dsid=AWI
New Design in Historic Settings” produced by Historic Scotland, Architecture and Place,
Architecture and Design Scotland.
https://www.historicenvironment.scot/archives-and-
research/publications/publication/?publicationid=9b50b83c-1e60-4831-bc81-a60500ac5b29
The Scottish Government’s Policy on Control of Woodland Removal
https://www.forestry.gov.uk/PDF/fcfc125.pdf/$FILE/fcfc125.pdf
Planning History
None relevant
Known Constraints
Site is located with SNH Ancient Woodland.
Settlement Strategy
POLICY LDP STRAT 1 – Sustainable Development - In preparing new development proposals,
developers should seek to demonstrate the following sustainable development principles, which the
planning authority will also use in deciding whether or not to grant planning permission:
a) Maximise the opportunity for local community benefit;
b) Make efficient use of vacant and/or derelict land including appropriate buildings;
c) Support existing communities and maximise the use of existing infrastructure and services;
d) Maximise the opportunities for sustainable forms of design including minimising waste,
reducing our carbon footprint and increasing energy efficiency;
e) Avoid the use of locally important good quality agricultural land;
f) Utilise public transport corridors and active travel networks;
g) Avoid the loss of important recreational and amenity open space;
h) Conserve and enhance the natural and built environment and avoid significant adverse impacts
on biodiversity, natural and built heritage resources;
i) Respect the landscape character of an area and the setting and character of settlements;
j) Avoid places with significant risk of flooding, tidal inundation, coastal erosion or ground
instability; and
k) Avoid having significant adverse impacts on land, air and water environment.
In addition to this the communities of Cardross, Helensburgh and Garelochhead are subject to
different development pressures from the rest of Argyll and Bute, with their relative accessibility to
the adjacent Glasgow conurbation and the presence of the Greenbelt. The Council needs to assess
developments to help unlock the full potential for this area to enjoy sustainable economic growth and
regeneration of its settlements, while at the same time taking into account its proximity to the National
Park and the needs of the Rosneath Peninsula. By 2024, Helensburgh and Lomond will be:
A better connected and accessible place with improved ferry services, road, rail and active
travel links together with improved telecommunications networks and broadband coverage;
A place that offers a revitalised Helensburgh Town Centre and Waterfront that takes full
advantage of its position as a high quality, short term visitor destination close to the Glasgow
conurbation;
A place of outstanding natural and built heritage with enhanced natural assets, better
townscape and public realm with new community facilities.
A place that can offer a wide range of housing choice in places with modernised essential
services and infrastructure, with a focus of larger scale growth in Helensburgh and Cardross.
A competitive place better connected to the global economy with thriving local communities
that provide an incentive for businesses to locate to, particularly within the context of the
Maritime Change Project and its role in tourism both relating to adjoining the Loch Lomond
and the Trossachs National Park and as a day tripper destination;
A greener place with numerous community led renewable energy projects, established
community forests, woodlands and green networks.
In terms of these strategic objectives the proposal broadly complies, subject to it meeting the other
Policies within the Local Development Plan (LDP).
Policy LDP DM 1 establishes the acceptable scales of development in each of the zones with the
boundaries of all the settlements and countryside zones mapped in the LDP’s Proposal Maps. The
development site is located within a Village/Minor Settlement in which encouragement shall be given
to sustainable forms of development up to small scale on appropriate sites. For residential
development this small-scale shall not exceed 5 dwelling units. The proposal for 36 dwellings
therefore does not accord with the limit for an acceptable scale of development in this settlement
and is a departure from Policy. Larger scales of development would only be supported by a deliberate
attempt to counter population decline in the area, to help deliver affordable housing, or else meet a
particular local housing need. Such proposals should not overwhelm the townscape character, or
the capacity of the settlement and be consistent with all other policies and associated SG of the
Local Development Plan.
Location, Nature and Design of Proposed Development
The strategic vision for this development is to create Portincaple as a visitor destination and allow
better public access to Loch Long by way of new roads, public realm works, new public jetty and
some retail opportunities, In addition new dwellings are proposed to augment existing housing.
The proposed housing development will form 4 blocks of terraced houses sited on steeply sloping
land to the west of Feuns Road. It will be accessed by way of an extension of this road which will
also be shared by other existing residents living to the north of the site. The topography of the site
measures 30m AOD and lowers to 19m AOD from north to south and from 30m AOD to 7.5m AOD
west to east. This enables the proposal to be built at two naturally defined contour lines. The upper
section (Phase 1) are 24 Hillside Terraces comprising of 2 storey 4 bedroom dwellings at 120m2 in
floor area. The lower section (Phase 2) are 12 Lochside Terraces and comprise 3 storey, 6 bedroom
dwellings at 180m2 in floor area. A buffer zone of managed woodland is located between the existing
houses on Feuns Road and the fronts of the Hillside terraces to further soften the development.
All dwellings will be orientated to the west, each house will share a driveway with one neighbour,
and within a private gravelled area off the road, have two dedicated private parking spaces as well
as bicycle and bin storage. Materials are described as sensitive and to a high Level of sustainability.
LDP 3 outlines that in all development management zones, Argyll and Bute Council will assess
applications for planning permission with the aim of protecting conserving and where possible
enhancing the built, human and natural environment. Policy LDP 9 require developers and their
agents to produce and execute a high standard of appropriate design in accordance with the
following criteria:
Development Setting
Development Layout and Density
Development Design
Particular attention is also given to massing, form and material within sensitive locations such Areas
of Panoramic Quality (APQ). Within this site the quality of design will require to be higher than in
other less sensitive locations and be in accordance with the guidance set out in “New Design in
Historic Settings” produced by Historic Scotland, Architecture and Place, Architecture and Design
Scotland.
In terms of the setting of the development the proposal is considered to pay regard to the context
within which it is located as it is set on contoured ground on two levels allowing views to be minimised
from Feuns Road and maximised from within the site and at lower terrace level toward the Loch. The
density of the site, 36 units, does not seem excessive in a site this size.
I am happy to see that special needs access provision is incorporated into the housing layouts and
the flexible accommodation can be adapted for various needs. Housing green space requires 12 sq
m per unit of casual open space and a minimum of 6 sq m per unit of equipped children’s play space
including provision for under 5 year olds and a maintenance plan of such open and play space. The
number of units requires 432 m2 of casual open space which is easily accommodated within the
woodland and public realm areas. The children’s play space can also be accommodated in these
areas.
In terms of the site layout and visual appearance the solid form of the highly glazed terraces on two
levels are prominent within this rural area, do not sit comfortably in this context and conflict with the
landscape character. The proposal does not replicate the settlement pattern characteristic within this
rural area and not suitably screened by woodland. The proposal is therefore not in accordance with
Policy LP ENV 10 of the adopted Local Plan and significant work is required to address this matter.
This could possibly be achieved by breaking up the solid form of the terraces, the inclusion of green
roofs and introduction of non-glare glazing materials.
Natural Environment
The proposal may require further examination under The Town and Country Planning
(Environmental Impact Assessment) Regulations 2017 as it may fall under the following Schedule 2
Development;
Section 1 Agriculture and aquaculture. part (e) Reclamation of land from the sea
Section 10. Infrastructure projects.
part (f) Construction of roads if the area of the works exceeds 1 hectare
part (m) Coastal work to combat erosion and maritime works capable of altering the coast through
the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the
maintenance and reconstruction of such works.
This will be clarified during the validation process.
Built Environment
The site is located within two Ministry of Defence (MOD) safeguarding zones of Coulport and Glen
Douglas. The MOD will need to complete a more detailed assessment once plans and further
information is available regarding building materials and method of construction.
Biodiversity
The Councils Biodiversity officer advises the development is located on a Semi Natural Ancient
Woodland and the impacts this may have on habitats. You are also asked to consider the impacts
the development may have upon peat depth on open hill ground.
Species that may be impacted by this development are Red/Black Grouse, Hen Harrier, Golden
Eagle, Red Squirrel, Badger, Bat and Otter. It is advised that a detailed survey be submitted to
examine the extent of these habitats. It is also suggested that a tree survey be submitted for position
and health of same and a management and construction protection plan. Rhododendron Ponticum
is an issue in this location and an eradication plan is also required to be submitted.
It is suggested that a watching brief for other invasive non-native species is recommended regarding
a species survey at the optimum time of year. It is recommended you refer to the Biodiversity
Technical Note and that a more robust landscape plan is submitted with a full application.
https://www.argyll-bute.gov.uk/sites/default/files/biodiversity_technical_note_feb_2017_4.pdf
Woodland
The integration of the green buffer zone with woodland walks and new landscaping/planting is
welcomed. I would expect a tree replanting scheme and existing woodland management plan to be
submitted alongside a planning application.
Woodland development plan policy explains that the prize features of an important woodland may
include the remaining part of an ancient, long established or semi-natural woodland and the
recreational/visual value this affords to local people. The woodland setting is the key landscape
feature in this part of Portincaple that creates local landscape character and distinctiveness.
Significant weight is placed on the latter which creates the key characteristic of the APQ. I will
therefore expect the woodland feature to be significantly enhanced by a replanting scheme that will
include heavy set mature standards that complement the existing tree stock.
Public Realm
Outdoor Access in Argyll and Bute is extremely important part of communities’ lives. As a land
manager you have rights and responsibilities under the Land Reform (Scotland) Act 2003. The
Access manager
xxxxxx.xxxxxxx@xxxxxxxxxxx.xxx.xx can provide you with the advice you need to
manage some of the problems that you may encounter.
I am happy with the public realm spaces and the community woodland areas and would expect the
development to link in with the agencies/strategies listed below.
Scottish Outdoor Access Code
https://www.outdooraccess-scotland.scot/provides guidance on
responsible behaviour to help ensure that public access does not unreasonably affect land
management, other people or the environment. A variety of guidance is available, if needed, to help
land managers, and others to integrate access with other activities. The Outdoor Access Scotland
Website has a lot of information to help you as a land manager.
The Scottish Outdoor Access Code (SOAC)
https://www.outdooraccess-scotland.scot/ is the place
to find out more about access rights and responsibilities in Scotland’s outdoors. Access rights in
Scotland apply to most land and inland water as well as the foreshore. There are places where the
public do not have a right of access such as land close to a house, airfields, railway lines and farm
yards where they might be injured. It is also possible to temporarily restrict access whilst land
management operations are being carried out, although you should always impose these to the
minimum area for the minimum period of time.
The Argyll and Bute Renewable Energy Alliance (ABRA) brings together key public and private
sector partners - including Argyll and Bute Council, the Scottish Government, Highlands and Islands
Enterprise, Marine Scotland, Scottish Power Renewables, Scottish and Southern Energy, The
Crown Estate Scotland, Scottish Natural Heritage and Skills Development Scotland - to ensure a
greater awareness of all the issues relating to renewable development across Argyll and Bute, and
to act as a key mechanism to assist with delivering the Renewable Energy Action Plan. For further
information about ABRA email
xxxxxxxxx.xxxxxx@xxxxxxxxxxx.xxx.xx.
Affordable Housing
The proposal meets the terms of affordable housing provision as 25% of the housing (9 houses) will
be affordable.
Road Network, Parking and Associated Transport Matters
Unfortunately I have not managed to obtain any observations from an Area Roads Manager in
regards to the new roadway, junction improvements, public and private parking provision. I will be
happy to provide you with this information under separate cover in which there will be no further fee.
I am happy there are enhanced tourism opportunities and linkages proposed to/from Loch Long and
Loch Goil. Likewise I feel the introduction of retail opportunities for shops to serve the community
alongside visitors to the area is to be welcomed.
Infrastructure
From the supplied plans, the elevations across the site range from 6 m to 28 m AOD. A small burn
runs through the north of the site which discharges at the coast in the west. No information pertaining
to historical flooding at the site has been included with the application and no flooding incidents
appear to have been recorded within the Argyll and Bute biennial flood reports. The overall site
boundary lies within the indicative limits of the 1 in 200 year coastal flood extent on the SEPA Flood
Map (2014). The main limits of flooding are to the western edge of the site where it adjoins the coast.
The small burn which runs to the north of the site has a catchment area of < 3km2 and thus is too
small to be included on the SEPA Map. The risk to the site from the small burn is therefore unknown
although it may be small as the channel is appears to be deep.
The planning details provided show the finished floor levels, FFLs, of the Lochside terraces are to
be set at 8 mAOD. The proposed FFL of Susie’s Castle is 6 mAOD. Although the 1 in 200 year flood
level has not been quantified, it is anticipated that these levels are appropriate to help mitigate from
possible coastal flooding. Details of the small burn which flows through the north of the site are
unknown and it is therefore recommended that the culvert upgrade is sufficient to ideally convey the
1 in 200 year plus climate change flow plus a 0.6 m freeboard and designed in accordance with
CIRIA C689.
Surface water drainage details are unknown and its recommended that these should be designed in
accordance with Sewers for Scotland 4th Edition and CIRIA C753. It is also possible that the site
could be on an overland flow path (as it is on a slope with other development and areas above) and
this may need to be accounted for in site design. The following is recommended at full application
stage: 1. The new culvert is designed to capacitate the 1 in 200 year flow plus a 0.6m freeboard.
Further to this that it is designed in accordance with CIRIA C689. 2. Surface water drainage to be
designed in accordance with Sewers for Scotland 4th Edition and CIRIA C753.
Authorisation is required under The Water Environment (Controlled Activities) (Scotland)
Regulations 2011 (CAR) to carry out engineering works in or in the vicinity of inland surface waters
(other than groundwater) or wetlands. Inland water means all standing or flowing water on the
surface of the land (e.g. rivers, lochs, canals, reservoirs). See SEPA’s Sector Specific Guidance:
Construction Sites (WAT-SG-75) for details. Site design may be affected by pollution prevention
requirements and hence we strongly encourage you to engage in pre-CAR application discussions
with a member of the regulatory services team in your local SEPA office. Below these thresholds
you will need to comply with CAR General Binding Rule 10 which requires, amongst other things,
that all reasonable steps must be taken to ensure that the discharge does not result in pollution of
the water environment.
Details of regulatory requirements and good practice advice for the applicant can be found on the
Regulations section of the SEPA website. If you are unable to find the advice you need for a specific
regulatory matter, please contact a member of the regulatory services team in your local SEPA office
at:
Law House
Todd Campus
West of Scotland Science Park
Maryhill Road
GLASGOW
G20 0XA
Tel: 0141 945 6350
Management of surplus peat or soils may require an exemption under The Waste Management
Licensing (Scotland) Regulations 2011. Proposed crushing or screening will require a permit under
The Pollution Prevention and Control (Scotland) Regulations 2012. Consider if other environmental
licences may be required for any installations or processes.
For reasons of sustainability and to protect customers from potential future sewer flooding, Scottish
Water will not normally accept any surface water connections into combined sewer system. There
may be limited exceptional circumstances where they would allow such a connection for brownfield
sites only, however this will require significant justification from the customer taking account of
various factors including legal, physical, and technical challenges. In order to avoid costs and delays
where a surface water discharge to the combined sewer system is anticipated, the developer should
contact Scottish Water at the earliest opportunity with strong evidence to support the intended
drainage plan prior to making a connection request.
It is noted that previous percolation testing of the soil in this part of Portincaple revealed it was not
suitable for a traditional soakaway system.
Renewables
Argyll and Bute's abundance of wind, water and wave energy, and the energy potentially generated
by biomass, present key sustainable economic opportunities, which if harnessed and managed
correctly can offset many of the problems faced by our peripheral and fragile locations.
Argyll and Bute has a distinguished track record of pioneering and delivering renewable energy
developments and I would want to see a full range of renewable energy resources deployed to deliver
this project. This could include photo voltaic roof panels, a district heating system and the possibly
a small scale community renewable project tied into the public realm/new public jetty.
Conclusion
Significant weight may be placed upon LDP STRAT 1 to outweigh Policy LDP DM1 as the proposal
could demonstrate the opportunity for local community benefit. This could be in the form of the
following;
Infrastructure improvements to the A814 and the junction at Feuns Road which will benefit
the wider community.
The departure from Policy, in regards to the number of dwellings, requires further support to
demonstrate that it does not overwhelm the village character. This may be done by reducing
the overall scale and massing of the terraces. Significant work is required to address this
matter by breaking up the solid form of the terraces, the inclusion of green roofs and
introduction of non-glare window glazing material.
The landscape character (predominantly woodland with hillside dwellings) and the settlement
pattern (village/rural) is the DNA of this Area of Panoramic Quality. I will expect a planning
application to include significant woodland replanting and a woodland management scheme
that will include heavy set mature standards that complement the existing tree stock. The
Council may decide to impose a Tree Preservation Order on existing and/or new trees.
Evidence that a local/national bus transportation company is willing to extend its existing bus
service down to the proposed jetty.
Community business proposal for a renewables project that the Council may wish to promote.
Enhanced tourism opportunities and linkages to/from Loch Long and Loch Goil. Access
to/from Loch Lomond and the Trossachs National Park and as a day tripper destination is to
be supported.
Retail opportunities for shops which will serve the local community alongside visitors to the
area.
Cultural awareness of local history and a destination landmark tourist development.
Agreement to sign up to a processing agreement:
https://www.argyll-bute.gov.uk/processing-
agreements
Consultees for any future application
The following consultees are likely to be consulted in the event of a formal application being
consulted. You may wish to contact consultees for additional pre application advice prior to the
submission of your application. Please note that on occasion it may be necessary to involve
consultees who are listed below as a formal application progresses.
Scottish Natural Heritage
Scottish Water
Helensburgh Community Council
Biodiversity Officer
Argyll and Bute Council Environmental Health
Flood Risk Assessor
Scottish Environmental Protection Agency
Argyll and Bute Council Education
Argyll and Bute Council Roads
Supporting information required for any future application
PAC Report;
Design and Access Statement;
Transport Assessment;
Landscape Plan;
Topographical Survey;
Cross Section Detail;
Phase 1 Habitat Survey;
Tree Survey
Drainage Impact Assessment;
Site Waste Management Plan (see policy SG LDP SERV 5(b))
Supporting Planning Statement should include:
o Statement on compliance with policy SG LDP HOU2
o Statement on compliance with policy SG LDP CC1
o Details of the provision and maintenance of open space in accordance with SG LDP
HOU3
Case Officer Name and Contact Details
Name of Officer: Frazer MacLeod
Designation: Planning Officer
Tel: 01546 605518