reference no 10/00239/pp major tesco stores ltd.€¦ · reference no : 10/00239/pp planning...

Argyll and Bute Council Development & Infrastructure Services

Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle

Reference No: 10/00239/PP Planning Hierarchy: Major Applicant: Tesco Stores Ltd. Proposal: Erection of a Class 1 Foodstore, Petrol Filling Station, Car Parking

and Associated Access Site Address: Campbeltown Creamery, Witchburn Road, Campbeltown

DECISION ROUTE

Local Government Scotland Act 1973

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of Class 1 (Retail) Foodstore (net sales area 3615sqm);

• Installation of Petrol Filling Station;

• Formation of access, service area, car park and footpath link;

• Provision of recycling facilities. (ii) Other specified operations

• Demolition of Campbeltown Creamery;

• Connection to public water main;

• Connection to public sewer;

• Off-site highway improvements including formation of a pedestrian crossing and local widening of Witchburn Road.

(B) RECOMMENDATION:

It is recommended that planning permission be approved as a minor departure from polices LP RET 1 and LP BUS 3 subject to a section 75 legal agreement, a PAN 41 Hearing and conditions.

(C) CONSULTATIONS:

Area Roads Mid Argyll Kintyre And Islay

21.04.2010 No objections subject to conditions.

Environmental Services Mid Argyll


Scottish Environmental Protection Agency


Scottish Water Mid Argyll

16.04.2010 No objections.

Ian Gilfillan - Flood Risk Assessor


(D) HISTORY:

96/00104/DET - Proposed new factory entrance and changing facilities. Approved 9/5/96. 96/00920/ADV -Erection of three signboards. Approved 11/11/96. 01/00881/DET - Erection of 5 storage tanks & pumphouse at Campbeltown Creamery & installation of underground effluent pipeline between The Creamery & Macringans Point via Witchburn Rd, Main St, Esplanade & Low Askomil with discharge via existing outfall. Approved 2/8/01. 09/00002/PAN - Proposal of Application Notice for Erection of a Class 1 Foodstore, petrol filling station, associated car parking and access. Pre application consultation notification.

(E) PUBLICITY:

The application has been advertised under the provisions of Regulation 20 – expired 7th May 2010.

(F) REPRESENTATIONS:

(i) Representations received from:

A total of 214 representations have been received; 194 letters of support, 3 general representations, 16 objections and one letter of objection with a 77 signature petition. Please see appendix for further details.

(ii) Summary of issues raised:

• Points of Objection

• The supermarket would have an adverse impact on congestion and road and pedestrian safety. Comment: It is accepted that there will be an increase in traffic, however the projected traffic figures would not cause unacceptable overloading of the existing road network.

• The development would result in increased traffic flow through Main

Street and lead to congestion at Big Kiln and Burnside. Comment: It is accepted that there will be an increase in traffic, however the projected traffic figures would not cause unacceptable overloading of the existing road network.

• It is not accepted that Tesco’s traffic assessment is correct. Comment: The Network Manager is satisfied with the Transport Assessment following some amendments to allow further public transport and pedestrian integration with the site.

• The proposal would adversely affect nearby property values. Comment: This is not a material planning consideration.

• The proposal would cause light and noise pollution in the residential area including early morning and late night deliveries. Comment: Subject to conditions being attached to the consent it is considered that this would be within acceptable limits.

• The hours that deliveries can be accepted should be restricted in the same manner as the proposed Co-op in Lochgilphead (09/00225/DET) Comment: It is proposed to place a restriction on delivery hours.

• The retail impact of the store would compromise the vitality and viability of Campbeltown Town Centre. Comment: See my assessment.

• There would be increased carbon dioxide emissions from the increased traffic flow which would be detrimental to the environment. Comment: The new superstore would be closer to the Town Centre than the existing one and would be served by public transport and pedestrian accesses.

• The proposed supermarket would put existing shops in the town centre out of business. Comment: See my assessment.

• There was no public meeting during the consultation period which does not comply with national standards. Comment: It is considered that the applicant’s pre application consultation meets with the requirements of the legislation. A community consultation event was held at the Aquilibrium on 13/10/09.

• The scale of the new development is too large for a town of Campbeltown’s size. Comment: See my assessment.

• It is argued that this proposal would result in a net loss of jobs in the area as evidenced by research undertaken by the National Retailer Planning Forum. Comment: The application is linked to the relocation of the Creamery and thus Campbeltown presents a unique set of circumstances which it is not considered would align with more generalist national research.

• How will having a superstore outwith the town centre with possibly as

much retail space as all the other retailers in the town centre combined “benefit the town as a whole”? Comment: See my assessment.

• The existing Tesco should be extended as it is within the town centre. Comment: The Planning Authority have an obligation to determine the application as submitted on it merits taking into account the result of the sequential test.

• Meadow View Sports Pavilion and 50 Castleacres have queried why they were not notified. Comment: The records show that Meadow View Sports Pavilion was notified and 50 Castleacres lies outwith the distance that neighbours are required to be notified.

• There will be conflict between the children’s skate park, the pavilion and the playing field and the Tesco delivery route on Bengullion Road. Comment: The Network Manager has offered no objections to the proposal subject to a condition requiring further information on the proposed method of deliveries.

• Witchburn Road only has a pavement on one side for much of its length and pedestrians will have to cross and re-cross the road. Comment: Through discussion with the Network Manager and Public Transport Officer further improvements have been made to the accessibility of the site.

• The drainage system may fail in inclement weather. Comment: The Council’s Flood Alleviation Manager has no objections to the proposal subject to conditions.

• A major superstore in this peripheral location will not assist with the current regeneration programme for Campbeltown town centre and will undermine the future viability of the current public and private sector investment. Comment: See my assessment.

• The Retail Impact Assessment would appear to have no basis in reality. Tesco have grossly misrepresented / underestimated the combined turnover of convenience stores in the Town Centre. It will impact on every aspect of retailing which currently exists in the town centre. Comment: See my assessment.

• The situation with the current store is more to do with the way it is being managed rather than with any overcapacity. Comment: The Planning Authority would accept the view that the existing store is overtrading.

• The Tesco store would result in a shrinkage in the rental market with the inevitable closure of some businesses. This would greatly diminish the capacity to attract future investment. Comment: See my assessment.

• The proposal would be of an unacceptable design which would not

compliment the architecture in close proximity to the store. Comment: The proposed design of the supermarket is considered to be acceptable.

• Tesco would sell their existing retail store to another retail outlet resulting in further supermarket in an already saturated town. Comment: A s75 agreement is proposed to prevent the premises being used as another foodstore.

• The proposal would not accord with Scottish Planning Policy guidance. Comment: See my assessment of the Retail Impact Assessment and Sequential Test.

• The proposal does not make adequate provision for pedestrians and cyclists and does not seek to enable pedestrian movement from a public transport facility without conflicting with cars. Comment: The Network Manager is satisfied with the pedestrian and vehicular routes to the proposed superstore.

• The public consultation event was flawed because it was presented as a joint proposal for a Tesco and a new Creamery. Comment: The Planning Authority consider that the pre application consultation was carried out in accordance with the legislative requirements.

• Do not consider that the public exhibition and consultation has fulfilled the requirements of PAN 81. Comment: The Planning Authority consider that the pre application consultation was carried out in accordance with the legislative requirements. A Pre-Application Consultation Report was submitted with this application and section 5.0 deals with compliance with PAN 81. On this basis it is accepted that the 10 standards in this advice note have been complied with.

• The current Creamery building is part of the industrial architectural heritage of Campbeltown and should not be allowed to be demolished. Comment: The building is unlisted and the redevelopment proposals are considered to be acceptable.

Points in Support

• The proposed Tesco would save expensive trips by car to Oban and Glasgow and allow goods to be viewed before purchase rather than shopping on line.

• The petrol station will stop the monopoly that the existing garage already has.

• Tesco will provide an enhanced shopping experience which will compliment the town centre.

• Tesco support the local community and will provide jobs for local people.

• The new Tesco will attract people into the local area and benefit the local

economy.

• The development of Tesco will allow the Creamery to relocate which will enable it to be modernised and continue to serve the surrounding dairy farms.

• The area needs this kind of store to attract incomers to live here.

• The provision of home delivery services from larger Tesco outlets would be of interest to many older and housebound people.

• The noise levels of the proposed store should be reduced in comparison to the noise levels currently experienced at the Creamery.

(G) SUPPORTING INFORMATION

Has the application been the subject of: (i) Environmental Statement: No

(ii) An appropriate assessment under the

Conservation (Natural Habitats) Regulations 1994:

No

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

(iv) A report on the impact of the proposed

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

Yes

The application is accompanied by a range of supporting documentation including:

• Pre-Application Consultation Report dated January 2010

• Planning Statement dated January 2010

• Retail Impact Assessment dated January 2010

• Design and Access Statement dated January 2010

• Landscape Design Statement dated 02.02.2010

• Transportation Assessment dated January 2010

• Sustainability Statement dated 27.01.10

• Geotechnical and Environmental Assessment dated January 2010

• Environmental Noise Assessment dated 27.01.10

• Drainage Impact Assessment dated January 2010 (amended following consultation)

• Proposed Operating Plan for Licensing (Scotland) Act 2005

(H) PLANNING OBLIGATIONS

Is a Section 75 agreement required: Yes

A Section 75 Agreement is proposed in order to secure the following: 1. A developer contribution of £120,000 in order to fund specific projects within Campbeltown Town Centre aimed a securing a vibrant and economically active town centre. The full sum will be paid on implementation of the consent when works commence on site. If not committed within a 5 year period, all monies shall be returned to the developer. 2. The restriction of the existing Tesco store from being used in future as a retail outlet for convenience goods. This should take effect as soon as the new Tesco store opens. 3. The funding of a safer access at Campbeltown Heritage Centre. This is currently priced at £12,000 and the developer’s contribution shall not exceed this level. If unused within a 5 year period, all monies shall be returned to the developer. 4. A contribution from the developer in order to support the re routing of public transport bus routes plus the installation of a display rack in store for public transport timetables. This subsidy is to the value of £15,000 and is for one year only. Reason for refusal in the event that the section 75 agreement is not concluded The proposal represents a significant departure from Policy LP RET 1 in that the superstore would have a significantly detrimental impact on the vitality and viability of the Campbeltown Town Centre caused by an oversupply of convenience shopping within the catchment and a lack of mitigation measures aimed a securing a vibrant and economically active and accessible Town Centre. In addition, without the financial contribution to public transport in order to facilitate the re-routing of the bus services which do not currently pass the site, the development would fail to meet the terms of Policies LP TRAN 2 and LP RET 1 which require developments of this scale in an out of centre location to take full advantage of potential public transport services. Without the proposed contribution to enable improvement to the Campbeltown Heritage Centre access the application would fail to accord with Policy LP TRAN 5 which advocates off site highway improvements where development proposals would significantly impinge on road safety.

(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31

or 32: No

(J) Section 25 of the Act; Development Plan and any other material considerations

over and above those listed above which have been taken into account in the assessment of the application

(i) List of all Development Plan Policy considerations taken into account in assessment of the application.

‘Argyll and Bute Structure Plan’ 2002 PROP SET 2 – Retailing and Town Centres PROP SET 3 – Brownfield and Greenfield Development STRAT DC 1 – Development within the Settlements STRAT DC 9 – Historic Environment and Development Control STRAT DC 10 – Flooding and Land Erosion ‘Argyll and Bute Local Plan’ 2009 LP ENV 1 – Impact on the General Environment LP ENV 7 – Development Impact on Trees / Woodland LP ENV 13a – Development Impact on Listed Buildings LP ENV 19 – Development Setting, Layout and Design LP BUS 3 – Safeguarding Existing Business and Industry Sites LP RET 1 – Retail Development in the Towns – The Sequential Approach LP RET 6 – Design of Shop Frontages LP BAD 1 – Bad Neighbour Development LP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems LP SERV 3 – Drainage Impact Assessment (DIA) LP SERV 5 – Waste Related Development and Waste Management Sites LP SERV 7 – Contaminated Land LP SERV 8 – Flooding and Land Erosion – The Risk Framework for Development LP TRAN 2 – Development and Public Transport Accessibility LP TRAN 3 – Special Needs Access Provision LP TRAN 4 – New and Existing Public Roads and Private Access Regimes LP TRAN 5 – Off-site Highway Improvements LP TRAN 6 – Vehicle Parking Provision LP PG 1 – Planning Gain LP DEP 1 – Departures to the Development Plan

Appendix A – Sustainable Siting and Design Principles Appendix B – Shop Front/Advertising Design Principles Appendix C – Access and Parking Standards

(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009.

• Government Policy & Guidance

• Consultee Responses

• Third Party Representation

(K) Is the proposal a Schedule 2 Development not requiring an Environmental

Impact Assessment: No

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

(PAC): Yes

(M) Has a sustainability check list been submitted: Yes

(N) Does the Council have an interest in the site: No

(O) Requirement for a hearing (PAN41 or other): Yes

(P) Assessment and summary of determining issues and material considerations

The proposal is for the erection of a supermarket and petrol filling station. The supermarket would have a gross external floor space of 5560 sq.m with a net sales area of 3615 sq.m. It is proposed that this be broken down into 2170 sq.m convenience (food) goods and 1445 sq.m comparison (non-food) goods. This equates to a 60:40 split. The supermarket would be located on the existing Campbeltown Creamery site on Witchburn Road. This is an out of centre site which has a business and industry designation in the Local Plan. The Creamery currently has a live planning consent for the development of a new creamery at a site within the town’s Snipefield Industrial Estate and it is argued that the only way that this can proceed is through the sale of the existing site for retail land values which would then give the creamery the funds to move. It is considered that the proposal is a minor departure from Structure Plan Policy PROP SET 2 and Local Plan policies LP RET 1 and LP BUS 3. The legislation requires that decisions on planning application be taken in accordance with the development plan unless material considerations indicate otherwise. In this case it is considered that there are material considerations which would, on balance, act to outweigh the provisions of the development plan. The development of a supermarket on this site would secure the future of the creamery which supports a large number of dairy farms in the area. This would protect many jobs in this industry as well as creating 200 further jobs within the new supermarket. Policy LP BUS 3 presumes against the loss of business and industrial land, however, take up of such land is slow in the area and there are sufficient sites available for the foreseeable future. It can therefore be concluded that any detrimental impact on economic activity would be insignificant.

• While regard to Policy LP RET 1, The proposal fails to accord with point (A) which gives support to development within a defined town centre;

• It is accepted that the applicant has demonstrated that there are no suitable sites for a store of this size within town centre or edge of town centre sites (point B);

• Would accept that the developer has demonstrated that another location can be made accessible by a choice of means of transport (point C);

• In terms of point (D) of this policy, an RIA was carried out by the developer. This has revealed that while there would be some detrimental impacts on the town centre shops, these can be addressed by limiting any future occupier of the existing Tesco from selling convenience goods. The RIA predicts that this would have a 5.5% impact on convenience shopping within the town centre. At this level it is considered that the impact would be within acceptable limits and not significantly detrimental.

With regard to comparison goods, the RIA argues that there is a massive unmet demand for some types of comparison goods within the catchment. In effect, it is considered that there are large numbers of products that simply cannot be purchased in Campbeltown. It is argued that the new store would bring a much greater range of goods to the town, thus greatly improving the quality of the retail offer and providing clawback on money spent elsewhere. The applicant’s RIA takes the view that the new store would not compete with the specialist retail offer in the town centre, however, a comparison of the proposed lines that Tesco will sell against existing shops in the town centre revealed that 20 of the 44 shops which sell comparison goods would stock similar types of products also to be sold in the new store. This will give the local community a greater choice and value for money shopping experience in Campbeltown itself. However, it is considered that the impact of this could potentially be significantly detrimental in terms of point (D) of the policy but again this could be mitigated by support for town centre improvements in order to improve its attractiveness and vitality thus encouraging further investment and visitors into the town centre. It is this element of impact on the comparison goods market which would lead me to conclude that the proposal should be viewed as a minor departure from Policy RET 1. The proposal would accord with all other Development Plan policies.

(Q) Is the proposal consistent with the Development Plan: No – It is considered that

the proposal represents a minor departure.

(R) Reasons why Planning Permission or Planning Permission in Principle Should

be Granted:

Section 25 of the Planning Act requires that decisions be taken in accordance with the development plan unless there are material considerations which indicate otherwise. The proposal would accord with all other Development Plan Policies namely: PROP SET 3 – Brownfield and Greenfield Development, STRAT DC 1 – Development within the Settlements, STRAT DC 9 – Historic Environment and Development Control, STRAT DC 10 – Flooding and Land Erosion, LP ENV 1 – Impact on the General Environment, LP ENV 7 – Development Impact on Trees / Woodland, LP ENV 13a – Development Impact on Listed Buildings, LP ENV 19 – Development Setting, Layout and Design, LP RET 6 – Design of Shop Frontages, LP

BAD 1 – Bad Neighbour Development, LP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems, LP SERV 3 – Drainage Impact Assessment (DIA), LP SERV 5 – Waste Related Development and Waste Management Sites, LP SERV 7 – Contaminated Land, LP SERV 8 – Flooding and Land Erosion – The Risk Framework for Development, LP TRAN 2 – Development and Public Transport Accessibility, LP TRAN 3 – Special Needs Access Provision, LP TRAN 4 – New and Existing Public Roads and Private Access Regimes, LP TRAN 5 – Off-site Highway Improvements, LP TRAN 6 – Vehicle Parking Provision, LP PG 1 – Planning Gain and LP DEP 1 – Departures to the Development Plan. While it is considered that this proposal represents a minor departure from Structure Plan policy PROP SET 2 and Local Plan policies LP BUS 3 and LP RET 1, there are valid material considerations which would, on balance, outweigh the provisions of the development plan. In summary these are that in terms of Policy LP BUS 3 the development would secure the future of the creamery and related jobs in agricultural milk production, it would create 200 retail jobs on the existing site and as take up of business and industrial land is slow there would appear to be future supply for at least 10 years. In terms of policy RET 1 it is viewed that some of the impacts could be minimised through a section 75 agreement in order to restrict the existing store from selling convenience goods in the future, by the fact that the new store would be located closer to the town centre than the existing and by the developer contributing to regeneration projects with the aim of securing a vibrant and economically active town centre.

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

Plan

While it is considered that this proposal represents a minor departure from Structure Plan Policy PROP SET 2 and Local Plan policies LP BUS 3 and LP RET 1, there are valid material considerations which would outweigh the provisions of the development plan. In summary these are that in terms of Policy LP BUS 3, the development would secure the future of the creamery and associated jobs in agricultural milk production in Kintyre, it would create 200 retail jobs on the existing site and as take up of business and industrial land is slow there would appear to be future supply for at least 10 years. In terms of policy RET 1 it is viewed that some of the impacts could be minimised through a section 75 agreement in order to restrict the existing store from selling convenience goods in the future, by the fact that the new store would be located closer to the town centre than the existing and by the developer contributing to regeneration projects with the aim of securing a vibrant and economically active town centre. The proposal would accord with all other Development Plan Policies, in particular Policies STRAT DC1 and PROP SET 3 of the Structure Plan which direct large scale developments to the main towns and promotes the use of brownfield land. The design would also be acceptable in terms of Policy LP ENV 19 and all roads, access, parking and public transport issues have all been effectively addressed in terms of Local Plan policy. The proposal would replace a retail use with an industrial use and the surrounding amenity would be protected and controlled through the use of planning conditions. The proposal would accord with all other Development Plan Policies.

(T) Need for notification to Scottish Ministers or Historic Scotland: No

Author of Report: Sandra Davies Date: 25/08/2010 Reviewing Officer: Angus Gilmour Date: 25/08/2010 Angus Gilmour Head of Planning & Regulatory Services

CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 10/00239/PP 1. That the development to which this permission relates must be begun within three

years from the date of this permission. Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. The development shall be implemented in accordance with the details specified on the

application form dated 2/2/10 and the approved drawing reference numbers 1436 (P) 001, 1436 (P) 002, 1436 (P) 003 REV B, 1436 (P) 004 REV B, 1436 (P) 005 REV A, 1436 (P) 006 REV A, 1436 (P) REV A, 1436 (P) 008 REV A, 1436 (P) 009 REV A, 1436 (P) 010, 1436 (P) 011 REV A, 1436 (P) 012, 1436 (P) 013, 1610 LO1 C, 1435 (P) 014 REV B, 1436 P 015, 1436 P 016, 1436 P 017, 1436 P 018, 1436 P 019, 1436 P 020, 1436 P 021 V 022, 1436 P 023, 1436 P 024, 1436 P 025, 1436 P 026, 1436 P 027, 1436 P 028, 1436 P 029, 1436 P 030 and 1437 P 031 unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

3. That the development hereby permitted shall not commence until such time as the new

creamery at Snipefield Industrial Estate approved under planning consent 09/01715/PP has been completed and brought into use. Reason: Without this relocation taking place, a departure to development plan policy could not be justified.

4. That the hours of opening of the supermarket hereby approved shall be restricted to

between 06:00 and 22:00 hours Monday to Sunday inclusive. Reason: In the interests of residential amenity

5. That the hours of opening of the petrol filling station hereby approved shall be

restricted to between 06:00 and 22:00 hours Monday to Sunday inclusive. Reason: In the interests of residential amenity

6. That the hours of delivery to the supermarket and petrol filling station hereby approved

shall be restricted to between 07:00 and 23:00 hours Monday to Sunday inclusive. Reason: In the interests of residential amenity

7. That use of the jetwash and any associated car vacuums or similar shall be restricted

to between 08:00 and 20:00 hours. Reason: In the interests of residential amenity.

8. That use of the public recycling facilities including deliveries and collections shall be

restricted to between 08:00 and 20:00 hours. Reason: In the interests of residential amenity.

9. No development shall commence on the site until an assessment of the condition of

the land has been undertaken and has been approved in writing by the Planning Authority. The assessment shall determine the nature and extent of any contamination on the site and identify any potential risks to human health, the water environment, property or designated ecological sites. Where contamination is identified then a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and is subject to the approval in writing of the Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Reason: In order to ensure that the issue of contaminated land is thoroughly investigated and addressed.

10. Prior to work starting on site, the applicant shall have regard to the Scottish

Government Guidance Note Controlling Light Pollution and Reducing Lighting Energy Consumption (March 2007) and follow the lighting design process described in this Guidance Note. The information recorded should be of a good standard to enable the lighting submission proposal to be evaluated. All lighting proposals should be submitted with a completed Lighting Design Check List as provided in Annex B. Such lighting proposals shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development. Reason: In order to protect the area from light pollution in the interest of amenity.

11. The development hereby approved shall not be brought into use until a Waste

Management Plan for the development has been submitted to and approved in writing by the Planning Authority. This shall provide details of the proposed arrangements for the storage, segregation, collection and recycling of waste arising within the site, including the location, access and maintenance for on-site storage facilities. The requirements of the plan shall be implemented during the life of the development other than in the event of any revision thereof being approved in writing by the Planning Authority. Reason: In order to accord with the principles of sustainable waste management.

12. All landscaping shall be in accordance with drawing no. 1601 LO1 C. The landscaping

scheme shall be completed during the first planting season following the first occupation of the development. Any trees or shrubs which fail to become established, which die, are removed or become seriously diseased within 10 years of the implementation of the scheme shall be replaced in the following planting season by equivalent size and species of trees or shrubs as those originally required to be planted. Reason: In the interests of visual amenity and to ensure that adequate measures are put in place to protect the landscaping and planting in the long term.

13 No development shall commence on site until authorisation has been given by Scottish

Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided to the Planning Authority for approval before commencement of development.

Reason: To ensure that the development is adequately served by a public water supply.

14. The level of noise emanating from the site shall not exceed 40dB(A) Lnight,outside nor 45dB LAeq(5 mins) nor 60dB LAmax between 23:00 hrs and 07:00 hrs and must not exceed 50dB LAeq(1 hour) at any other time. The level of noise from the site is to be measured at the facade of the nearest noise sensitive receptor for night time noise, and at the boundary of the nearest noise sensitive receptor for daytime noise.

Reason: To minimise the adverse impact of noise generated by the operations on residents of the local community and the greater local community.

15. The development shall not begin until a scheme for protecting residents in nearby properties from noise emanating from fixed plant and/or machinery has been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the Authority.

Reason: In order to protect the amenities of the area from noise disturbance.

16. The development shall not begin until a scheme for protecting residents in nearby properties from noise emanating from service yard activity has been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the Authority.


17. The development shall not begin until a scheme for protecting residents in nearby properties from noise emanating from petrol station forecourt activity has been submitted to and approved in writing by the Planning Authority. The development shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the Authority.


18. Prior to the commencement of development, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the Council as Planning Authority in consultation with the Council’s roads engineers. The Travel Plan will include details of:

a) The proposed monitoring schedule and reporting procedures; b) The management of the Travel Plan identifying the persons responsible for

implementation; c) Proposed pedestrian and cycle infrastructure within the site and connections to

existing networks; d) Cycle parking provision and location within the site; e) Measures to improve public transport facilities; f) Initiatives such as car share scheme and flexible working;

g) Employee locker facilities;

h) Travel information to be provided within the site;

i) Car parking provision and management.

Reason: To be consistent with the requirements of Scottish Government Planning for Transport documents SPP and PAN 75.

19. The drainage of the site shall be carried out in accordance with the Drainage Impact Assessment (plan 10867 500 C) unless otherwise agreed in writing with the Planning Authority. Prior to the commencement of development, full details of the method of surface water discharge shall be submitted to and approved in writing by the Planning Authority.

Reason: In order to ensure that the drainage of the site will operate effectively.

20. Prior to the commencement of the development hereby approved, the new access onto Witchburn Road including localised road widening and the two metre footway as detailed in the Transportation Statement dated 20/8/01 and plan nos. 11436 (P) 003 Rev B “Site Layout Plan” and 11436 (P) 031 “Proposed Pedestrian Linkages” shall be completed unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of road safety in order to provide a safe access to the construction site.

21. That prior to the development hereby permitted being brought into use, the proposed off site highway improvements (other than those referred to in condition no.20 above) as detailed in the Transportation Statement dated 20/8/10 shall be completed to the satisfaction of the Planning Authority. Reason: In the interests of road safety.

22. Prior to the commencement of development hereby approved a delivery management plan shall be submitted to and approved in writing by the Planning Authority. This shall provide detail on how vehicles servicing the site will avoid conflict with other road users and that adequate turning facilities are provided within the site boundaries.

Reason: In the interests of road and pedestrian safety.

23. That notwithstanding the detail of the approved plans, the finished floor level of the

supermarket building hereby approved shall be 300 mm above the adjacent kerb

height of 7.950m. Prior to the commencement of development full details of this

freeboard shall be submitted to and approved in writing with the Planning Authority.

The development shall thereafter be carried out in accordance with this plan unless

otherwise agreed in writing with the Planning Authority.

Reason: In order to protect the development from flooding in the interests of public

safety.

NOTE TO APPLICANT

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

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

• A Petroleum Licence is required for the Petrol Filling Station.

• Regard should be had to the enclosed consultation response from Scottish Water dated 15 April 2010. It should be noted that the Planning Authority views this to be a ‘no objection’ response to the development proposal at the time of the consultation. It does not, however, guarantee that a connection will necessarily still be available at the time when it is proposed to implement this consent. In advance of development being commenced, direct contact should be made with Scottish Water to ascertain whether sufficient capacity still remains at that time in order to be able to secure a connection to the public water supply and public sewer. Confirmation of the availability of a connection should be forwarded to the Planning Authority in order to satisfy the requirements of the condition above. It should be noted that in the event that Scottish Water refuses a connection to the public water supply or public sewer, the provision of and alternative private water supply / private sewer would be considered a material amendment to the approved details and would require to be the subject of a further application for planning permission.

• Please be advised that signage to be affixed to the building so as to be visible from the exterior and signage to be displayed within the site in connection with this development will be required to be the subject of separate application(s) for Advertisement Consent.

• Your attention is drawn to the attached letter dated 27 April 2010 from SEPA which contains guidance for the applicant.

• The off-site road works including enhance street lighting at the proposed crossing point will require Roads Construction Consent. Contact should be made with James Ross, Senior Roads Technician (01546 604655) in this regard.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 10/00239/PP PLANNING LAND USE AND POLICY ASSESSMENT A. Settlement Strategy

The application site is located within the ‘settlement area’ for Campbeltown as defined in the adopted Local Plan The provisions of Structure Plan identify Campbeltown as a ‘Main Town’ wherein the provisions of policy STRAT DC 1 would support development which serves a wide community of interest including ‘large scale’ development on appropriate infill, rounding-off and re-development sites. Schedule R1 within the Local Plan defines ‘large scale’ retail development as being in excess of 1000sqm gross floor space (proposal is for 5,560sqm gross). In addition Structure Plan Policy PROP SET 3 promotes the use of Brownfield sites over Greenfield sites in the interests of sustainable development. The location of a supermarket within Campbeltown to serve the convenience shopping needs throughout Kintyre is therefore consistent with the Settlement Strategy set out in the Development Plan. The acceptability of this particular location within the town is assessed below in terms of the ‘sequential approach’ to retail development established in the Scottish Planning Policy (SPP).

B. Location, Nature and Design of Proposed Development

The application relates to a 2.94ha site on Witchburn Road (B8042), Campbeltown which is presently occupied by the Campbeltown Creamery. The existing creamery principally comprises two storey hipped roof factory buildings, which are part of a former distillery and unlisted, with associated silos and outbuildings, the western third of the site is presently covered by a predominantly coniferous tree belt which screens the existing Creamery from view from housing to the west on Tomaig Road. The site is surrounded by a mix of uses with residential properties and associated lockups on Smith Drive to the east, Meadowburn Place/Tomaig Road to the west and Witchburn Road to the north; recreational and industrial uses border the site to the south on Bengullion Road and include sports changing facilities, a skate board park and some small user industrial units. The proposal is to develop the site to provide a supermarket with a net retail floor space of 3,615sqm. This would be located primarily within the south eastern corner of the site with the frontage facing north and set back some 80m from Witchburn Road. A petrol filling station, forecourt containing four petrol and diesel pumps and car wash would be located within the western portion of the site between Witchburn Road and Tomaig Road. Recycling facilities enclosed by a 2.4m timber fence would be located between the petrol filling station and the service yard which adjoins the western elevation of the main supermarket building; The principal access to the site would be taken via an improved junction to the site with Witchburn Road which would serve an internal access road and 338 space customer car park. Vehicular access to the service yard would be via a new junction within the Bengullion Road Industrial Estate which adjoins the southern boundary of the application site.

The position of the building within the south of the site with its frontage orientated toward Witchburn Road has been arrived at to allow the location of the dedicated service yard centrally within the site in order to protect the amenity of nearby residential property as well as ensuring that the supermarket addresses the approach from the main town centre to the north east. The proposed supermarket is a single storey unit of modern appearance with an 80m frontage, 70m in depth and a ridge height of 8.8m incorporating the use of sustainable materials and carbon dioxide reduction measures as part of its overall design. The north (front) and east elevations of the proposed building shall be primarily finished in horizontal larch timber panelling, glazed curtain wall and grey base panels; the south and east elevations will principally be finished in ‘oyster’ coloured insulated cladding panels; the upper portion of the latter elevation will also include a substantial proportion of glazed curtain wall. The roof is of a shallow asymmetrical pitch covered in single ply waterproof roofing membrane coloured light grey and will incorporate 8no. rooflights and 9no. windcatcher funnels set out at regular intervals across the roof plane and which, at 2.8m tall, will project approximately 1.4m above the ridgeline of the building. The rear portion of the building is covered by a lower level monopitch roof upon which roof mounted plant will be located. The design of the proposed supermarket incorporates a number of measures intended to conserve energy and reduce carbon emissions the most notable of these being the construction using sustainable materials including a timber frame rather than steel for parts of the development and timber cladding to exterior elevations; the provision of entrance lobbies to provide a buffer between conditioned space and external conditions and as part of a wider strategy to improve the air tightness of the building; use of rooflights and curtain glazing to reduce the requirement for artificial lighting; and, installation of roof mounted windcatchers to allow the building to be cooled naturally reducing the reliance on mechanical air conditioning. The site frontage onto Witchburn Road will be enclosed by a 2.2m high natural stone wall constructed from reclaimed materials; the existing wall on the eastern boundary of the site with Smith Drive would be retained and extended to the south by an additional 43m section of 1.8m high closed board, timber fence inclusive of a new pedestrian access; the service yard will be contained by a 3.5m high closed board, timber fence with match gates. The proposal also includes for a scheme of landscape treatment to the north, east and western boundaries of the site in order to provide a setting to the development and minimise any potential impact upon the amenity of residential properties in the locale. This will include new tree planting to compensate for the loss of the existing tree screen to Tomaig Road, the proposals also include tree and hedge planting along the western and northern boundary of the site around the proposed petrol filling station. The layout of the development has been arrived at following pre application consultation with planning officers; the location of the supermarket in the south east corner of the site with a north facing frontage ensures that principle elevation of the development addresses the main approach from Campbeltown centre and is sufficiently set back from Witchburn Road to avoid the building being an overbearing presence; the service yard and petrol filling station elements have been relocated to minimise their impact upon residential amenity. The scale, design and finishes of the proposed building are considered to be appropriate and sympathetic to the context within which the building is to be situated and, combined with appropriate landscape, boundary and surface treatments, will result in an overall improvement to the visual amenity of the locale which presently contains the essentially industrial operation of Campbeltown Creamery; this having been reviewed in the Design and Access Statement which accompanies the proposal. The design and layout of the proposal is

considered to be appropriate to the site and as such satisfies the requirements of Local Plan Policy LP RET6 which refers specifically to the design of shop frontages and also to the more general design requirement of Policy LP ENV 19.

C. Retail Policy Considerations

The proposed supermarket on Witchburn Road will replace the existing Tesco Store on Lochend Street which will close upon the development of the new store. The relocation of Tesco to this site will allow the future operation of the Campbeltown Creamery, which is operated by First Milk, to be secured through the relocation of this facility to Snipefield Industrial Estate, also in Campbeltown. The proposed store has a gross external floor space of 5,560sqm with a total net retail area of 3,615sqm. This will comprise 2,170sqm convenience goods floor space and 1,445sqm comparison goods floor space (a 60:40 convenience/comparison split). The proposed store will sell a varied range of products and product lines catering primarily for main food shoppers who typically undertake weekly or less frequent shopping trips. It will include provision of a fresh fish counter, in-store bakery, delicatessen, customer cafe, and 4 pump petrol filling station. The development will create approximately 200 additional new full and part time jobs in addition to the transfer of the 90 employees from the existing Tesco store. It is indicated that upon planning permission being realised for the proposed new foodstore, the creamery owners would firstly develop and occupy their new premises before the development of the proposed Tesco store can commence. Comparison of floor space within Catchment (extract from submitted Retail Impact Assessment Proposed

Tesco Existing Tesco

Existing CO-OP

Town Centre Shops

Out of Centre Shops

Gross floor area

5,560sqm 1,430sqm 1,240sqm 6,260sqm 1,180sqm

Net retail area

3,615sqm 1,096sqm 868sqm 4,382sqm 826sqm

The provisions of the SPP, Structure Plan Proposal PROP SET 2 and Local Plan Policy LP RET 1 set out that a sequential approach to site selection for retail development will be undertaken to ensure that new development does not undermine the vitality and viability of existing town centres. The SPP sets out that locations should be assessed in the following order:

• Town centre sites;

• Edge of centre sites;

• Other commercial centres identified within the development plan;

• Out of centre sites in locations that are, or can be made, easily accessible by a choice of transport modes.

The current application site is identified in the adopted Local Plan as being both outwith the designated ‘Town Centre’ and ‘Edge of Centre’ zones within Campbeltown. The submitted Retail impact Assessment however makes the case that although the site is located outwith the edge of centre designation it should be considered as an edge of centre site for the purposes of sequential assessment on the basis that:

• The application site is located approx. 460m from the core of the primary retail area situated around Main Street and Longrow;

• Is easily accessible by foot allowing for linked trips to be made between the site and identified Town Centre;

• The proposed new store is actually located closer to the retail core than the existing Tesco store which lies within a defined ‘Edge of Town Centre’ area in the Local Plan.

In line with the Scottish Planning Policy 2010, and the Argyll and Bute Structure Plan, Policy RET 1 requires that the sequential approach be adopted when assessing retail applications and that there is no significant detrimental impact on the vitality and viability of the existing town centre. The Retail Impact Assessment (RIA) submitted by the applicants acknowledges that the catchment area is highly contained with very little leakage, and conversely very limited opportunity for import of expenditure from outwith the catchment. The RIA anticipates that the proposed store would account for 77% of the available convenience expenditure and 26% of comparison expenditure from the catchment. These figures represent a significant proportion of total expenditure, and even with these extremely high level, the applicants recognise that the turnover of the store will be less than the average for the company, and considerably less than their current store in Campbeltown which has a higher turnover than the company average. As the potential for increased convenience expenditure is limited, the applicants have proposed a 60:40 split between convenience and comparison goods; with a 5.5% impact on convenience shops within the town centre, but no predicted impact on comparison shops within the town centre. However, the turnover of comparison goods expenditure is estimated at £8.5 million, and the proposed turnover of the comparison goods in the new store is £8.67 million. This would therefore account for all the comparison expenditure currently spent within the catchment. The predicted nil impact is therefore predicated upon clawback of leaked expenditure. It is considered that the existing town centre of Campbeltown is relatively fragile and has 19 vacant units and it is likely that any form of new retail development will have an impact on it and could further undermine its vitality and viability. In defence of the above, the applicants argue that there are qualitative deficiencies in the available offer in Campbeltown and that the new superstore will meet these and result in an improved retail offer within the town. The RIA notes that Campbeltown Town Centre comprises a total of 139 units with a variety of Class 1,2,3,4,7 and sui generis uses (public houses, hot food takeaway etc). Of these 44 shops sell comparison goods in Campbeltown. The applicants contend that only 20 out of the 44 stock a range of goods that are comparable to that would be sold in the new store. A list of retailers in Campbeltown Town Centre has been submitted along with the types of goods that they sell in support of this contention and the areas where there

will be similar goods to the new store highlighted. The areas where there will be competition would include goods within the range of clothing, pet care, pharmacy goods, books, household goods, photographic goods, flowers and toys. In support of the application Tesco have submitted a list of the comparison retail offer for the new store and this includes electrical goods such as tvs, cameras; household goods such as bedding and tableware; car care goods; toys; music and games, books; clothing and stationery. They consider that many of the vacant units would appear to have been empty for some time and could be made more attractive through investment and improvement. It is further stated that the location the new superstore would draw people through the town centre in order to access it. In order to address the issues of over provision of convenience shopping the applicant has agreed to enter into a s75 to prevent the existing store becoming another convenience foodstore. While it is maintained by the applicant that their retail offer will be complimentary to the existing comparison shopping in the town centre, they have offered to contribute money which would fund town centre projects aimed at making Campbeltown Town Centre a more attractive destination. These would be delivered through the existing Campbeltown Town Centre Regeneration project and would go some way to offsetting impacts on viability and vitality. If the argument for the qualitative need for a store of this size are accepted, then the sequential test within the RIA shows that there are no other suitable sites located in a more preferential policy area. This is also supported by the fact that the new store is physically closer to the town centre than the existing. In summary, in quantitative terms the retail impact assessment does not justify an additional predominantly convenience store of the size proposed, particularly if the existing store on Lochend Street is taken in to consideration. The applicants have argued that the existing store is too small to meet the demands from shoppers within the catchment area (Kintyre), and that as a consequence it trades above the company’s national average. Owing to the size of the proposed new store, and the fact that given the nature of the catchment area, there is limited scope to attract additional customers, the applicants have indicated that they expect the new store to trade at below company average levels. They also propose a fairly high proportion of the store to be used to retail comparison goods in recognition of the limited capacity for increased expenditure on convenience (largely food) goods. In order to justify the increased floorspace of the proposed new store, the applicants have attributed all of the current store’s turnover to the new store. This approach represents a departure from development plan policy, where the turnover of all existing stores in the catchment area requires to be taken in to consideration. The approach can be justified as a departure from the development plan providing that the applicants enter in to a Section 75 agreement which restricts the use of the Lochend Street store to comparison goods only. Section 75 / Planning Gain issues are dealt with in more detail in section J of this report.

D. Business and Industry Policy Considerations

The application site relates to that of the existing Campbeltown Creamery and is identified in the adopted Local Plan as an ‘Established Business and Industry Area’.

The provisions of Local Plan policy LP BUS 3 set out that the loss of business and industry areas to non-employment uses will not be permitted unless: (A) the retention of the land or premises has been fully explored without success; or (B) the land or premises are unsuitably located in terms of its impact on the surrounding environment, the generation of traffic and its impact on the general amenity of the area or adjoining occupiers; And there does exist suitably located land or premises either on the market or with outstanding planning permissions for displaced firms to relocate to. In order to maintain a diverse range of business and industrial sites and premises to meet the needs of local firms the Council will resist the loss of suitably located premises that are no longer needed for employment uses. In terms of Policy LP BUS 3 it has not been demonstrated that options to keep the land in business and industrial use have been explored. While this Business and Industrial site has adjoining residential areas, we are not aware that the current use has had any significant negative impacts in terms of amenity or traffic generation. The rationale for relocating to another site is to allow the Creamery to modernise without any loss of operations which may be detrimental to the dairy industry in Kintyre. As the proposed supermarket is likely to generate significant levels of traffic, any arguments for compliance with LP BUS 3 could not, therefore, be predicated on point (B) of this policy. The Creamery does, however, have a live planning consent (09/01715/PP approved 5/7/10) for a site a Snipefield Industrial Estate in line with the requirement of Policy LP BUS 3. The rationale behind policy LP BUS 3 is to ensure that there is an adequate supply of industrial and business land within the Campbeltown area to ensure that economic activity is not stifled by a lack of available and suitable sites. Rates of take up of the business and industry allocation at Snipefield have been fairly slow over recent years. The proposed creamery being the main potential user identified over the last 5 years. There are currently 3.66 hectares of industrial land allocated at Snipefield, the proposed relocation of the creamery will occupy 1.6 hectares. Just over 2 hectares would be available at Snipefield to meet any additional new demands. Given past takeup rates this is likely to be sufficient to meet the requirement for a 10 year supply of industrial and business land, however, it will be necessary to keep this under close review. The forthcoming Local Development Plan will provide this opportunity to identify additional business and industry land if necessary. Taking account of the above, it is considered that proposal represents a minor departure from Policy LP BUS 3. However, we are of the view that there are a number of material considerations which may outweigh this departure. Most importantly, the development of a supermarket would secure the relocation of the Creamery by providing a shortfall in funding through the sale of the land. The retail value of this land is higher than its value for business and industrial land and this is why is argued that a retail use is required. Should planning permission be approved, a condition is proposed to ensure the works on the supermarket do not start until the Creamery is up and running on its new site.

While retail is considered as a “non-employment” use it is claimed that the Tesco Store would provide around 200 jobs (in addition to the 90 jobs displaced from the existing Tesco). It is also argued that the supermarket would improve the visual amenity in the area. Thirdly, there is not a shortage of business and industrial land supply in the vicinity and therefore the detrimental impact on economic activity is likely to be minimal. In conclusion, it is considered that Policy LP BUS 3 is outweighed by the material considerations discussed above and a minor departure from this policy is therefore justified given the current set of circumstances.

E. Amenity Issues

Currently the site is operating in an industrial capacity and subject to conditions recommended by the Council’s Public Protection Service it is not considered that the use would be incompatible with the surrounding residential areas. The supermarket could be classed as a bad neighbour development in Terms of Schedule 2 of General Permitted Development (Scotland) Order 1992 as it would have the potential to cause activity and noise between the hours of 8am and 8pm. Local Plan Policy LP BAD 1 applies and it is viewed that subject to conditions relating to hours of opening, delivery and noise this policy would be complied with. It should also be noted that while the current industrial use does not appear to cause too many amenity problems a replacement industrial (Class 5) use may have more negative amenity impacts. Policy LP SERV 7 requires that further investigation be carried out where land is known to be contaminated. In this respect Environmental Health has requested that a condition be attached requiring an assessment to be undertaken to identify the nature and extent of any contamination on the site. Where contamination is identified that report should also identify remediation measures.

F. Built Environment

There are two listed building on the northern side of Witchburn Road which are located across the road from the development site. There is a C(S) listed boundary wall with a decorative archway which was formerly an access to the poorhouse and is still maintained as a pedestrian access today. There is also a category C(S) listed former cottage hospital which is listed along with its retaining and boundary walls. Structure Plan Policy STRAT DC9 seeks to protect the historic environment and resists development which would damage or undermine listed buildings or their settings. Local plan policy LP ENV 13(a) maintains a similar approach to the protection of Listed Building and their settings. Whilst the proposed development is directly across the road it is not considered that it would have an impact on either of these listed buildings or their settings. The proposed new road crossing on Witchburn Road is offset from the white listed archway and it is considered that it would not therefore be detrimental to the setting of this listed building.

G. Impact on Trees / Woodland / Landscaping

There is currently a belt of predominantly coniferous trees on the western edge of the application site in the location of the proposed petrol filling station. In order to

compensate for the loss of these it is proposed to plant a row of rowan trees along the edge of the petrol filling station with further hedge and tree planting along the western boundary. It is contended that these will also provide a screening and windbreak function. It is considered that these replacement trees would be acceptable in terms of LP ENV 7 which requires compensatory planting where appropriate. In terms of the more general hard and soft landscaping on the site it is proposed to introduce a stone wall along the frontage of the site with areas of grass and trees adjacent to the wall and ornamental shrubs in part of the car park perimeter. It is considered that these proposals would be acceptable and would assist in creating and attractive frontage along Witchburn Road.

H. Road Network, Parking and Associated Transport Matters.

Policy LP TRAN 2 requires development of this scale to take account of public transport accessibility as well as providing suitable routes for pedestrians and cyclists. The applicant has addressed this issue and the following would be provided: Measures to aid pedestrian access:

• A new 2 metre wide footway along the site boundaries of Witchburn Road and Tomaig Road;

• New footways / footpaths within store in order to link the store to these new facilities;

• A new pedestrian access from the site to Smith Drive lying to the east;

• A new “Puffin” controlled pedestrian crossing on Witchburn Road in the vicinity of the main pedestrian access to the site. Localised widening of the northern footway on Witchburn Road to 2 metres at the crossing point will also be provided.

Measures to aid public transport access:

• A new bus stop lay by on Witchburn Road. This stop will provide access for northern bus services which currently do not use Witchburn Road.

• A new bus stop in the vicinity of the public recycling facility to allow the town centre bus to call at the site. The recycling facility will also operate as a bus turning facility.

• New footway provision along the eastern side of Tomaig Road and internal pedestrian routes will improve access to existing stops.

• A contribution from the developer in order to support the re routing of public transport bus routes plus the installation of a display rack in store for public transport timetables. This subsidy is to the value of £15,000 and is for one year only. (to be dealt with by a section 75 agreement).

In terms of Policy LP TRAN 5 off site highway improvements are proposed as noted above in the form of the Puffin crossing and footways (to be delivered through a Roads Construction Consent) and this policy would also to relate to the improvement of the access at the Campbeltown Heritage Centre (to be delivered through a section 75). Vehicle parking provision has been provided in accordance with Policy LP TRAN 6.

I. Infrastructure A Drainage Impact Assessment (DIA) has been submitted in accordance with Policies LP SERV 2 and LP SERV 3. Following amendments and further clarification this is considered to be acceptable subject to a condition regarding surface water discharge. Policy LP SERV 5 requires that commercial developments make provision for the storage, separation, recycling, composting and collection of waste. Public recycling facilities are shown on the site and these would be located in a hardstanding court area with in and out accesses. No details have been shown for the arrangement for the shop’s commercial waste and a condition is therefore proposed. With regard to Policy LP SERV 8 which deals with flooding and land erosion, SEPA advise that the site lies outwith the Indicative River and Coastal Flood Map (Scotland) 200 year flood outline (i.e. the flood with a 0.5% change of occurring in any single year) and that there is no record of the site having flooded. However, the existence of a potential flood risk was highlighted in the form of a watercourse which enters the site from the west. Following consultation with the Council’s Flood Alleviation Manager, a condition which requires further details of the proposed surface water discharge to be agreed prior to the commencement of development is proposed.

J. Planning Gain

Policy LP PG1 – Planning Gain states that where appropriate the Council shall seek appropriate elements of planning gain. It is stated under the justification of this policy that “the Council takes the view that planning gain should only be imposed as a prerequisite or condition to a development proposal whenever this will proportionally address consequences which directly flow from the development proposal and involve measures that are for a legitimate planning purpose”. Scottish Government Circular 1/10 – Planning Agreements provides further clarification on planning agreement / planning gain and sets out five tests which should all be met. These are:

• necessary to make the proposed development acceptable in planning terms; • serve a planning purpose and, where it is possible to identify infrastructure provision

requirements in advance, should be relevant to development plans; • relate to the proposed development either as a direct consequence of the

development or arising from the cumulative impact of development in the area; • fairly and reasonably relate in scale and kind to the proposed development and be; • reasonable in all other respects.

It has been identified through the Retail Impact Assessment discussed above that there will be some impact on the Town Centre of Campbeltown. It is therefore considered that it would be acceptable to agree a contribution from the applicant which would help to mitigate some of these impacts. In seeking to identify projects and actions that are required to secure a vibrant town centre it is important that we refer back to the key actions identified both within the Development Plan (Structure Plan and Local Plan) and the subsequent Yellow Book

Study – “Campbeltown and Kintyre Strategy” and that any new proposals/projects link into the existing projects and investment that the Council and its partners are already making through the CHORD Programme which is based on securing the regeneration of the town and making Campbeltown an attractive and vibrant place to live, work and visit. This will ensure that we achieve best value from any investment being made. If we are to secure a vibrant and economically active towncentre and address any drift from the town centre there are key issues that we will need to address and the focus for any future projects should be based around these. Any projects should be focused around addressing the following:

• Traffic and parking - making it easy for people to stop and access town centre services, shops and businesses.

• Pedestrian and built environment – provide an attractive environment that is easily accessed by pedestrians. This is linked to the appearance and character of the town, how attractive it is as a place to work, visit and live and how well people can move about the town centre.

• Promotion and marketing of the town centre Potential projects could be

1. The redevelopment of the derelict/vacant site next to the former Woolworth to form a car park/community space (estimated costs £60K)

2. Improved/new fingerpost /directional signage and public realm works (estimated costs £60k)

3. Provision of small grant scheme for minor works to external appearance of retail premises such as painting. (estimated costs £20K)

4. The development of a year round programme of events, trader initiatives and festivities in Campbeltown, complemented by a pro-active campaign to raise service, standards, street cleaning and facelifts for derelict sites and buildings. This will be done in line with the emerging Town Centre Action Plan and linked to marketing strategy. (estimated costs £20K) These projects have been identified as potential projects and will require to be subject to local consultation with the proviso that any identified project requires to be linked to key actions to maintain the viability and viability of Campbeltown Town Centre. The contribution from Tesco to help bring forward these projects in an effort to mitigate against potential impacts on the existing town centre is £120,000. The full sum will be paid on the implementation of the consent in order to allow Campbeltown town centre to prepare for the arrival of the new store. It should be noted that in addition to these projects the Council through CHORD and the town centre regeneration scheme will be investing approximately £3 million in the fabric of the town centre. A second element of planning gain which also seeks to mitigate adverse impacts on the Town Centre is the proposed restriction of the future use of the existing Tesco store to ensure that it cannot be used for convenience food retailing. This will assist the development in meeting the terms of Policy LP RET 1. Thirdly it is proposed that the developer funds the installation of a safer access at the Campbeltown Heritage Centre which is also the site of a proposed bunkhouse for the site. In this respect the Network Manager has advised that the access to the

Heritage Centre is currently substandard and in his opinion dangerous, though mitigated by the volume of traffic and the road geometry and the limited use. The road geometry will not change with the introduction of the new Tesco store but the volumes of traffic will increase by some 57%, at peak times. Although this is significant in terms of the existing flows it is not a particular burden on the network. It is however significant in terms of what people are currently used to. It will have a significant effect on the egress from the Heritage Centre. The limited likely increase in traffic with the development of the bunkhouse, while in itself contributing to the problems presented by the current access, will be magnified by the increased traffic flow generated by the new store.

Constructing a new access will encourage use of the Heritage Centre and make it safer for users of the centre, the bunkhouse and the people travelling to the new store. Finally, in order to support the provision of public transport to the site Tesco have agreed to provide financial assistance to the bus routes which would incur additional costs in order to call at the site. This is related to development in question and would assist in meeting the aims of Policy LP TRAN 2. Taking account of the above, it is considered that the planning gain proposals satisfy the terms of policy LP PG1 and the five tests referred to in Circular 1/10.

reference no 10/00239/pp major tesco stores ltd.€¦ · reference no : 10/00239/pp planning...

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