THE HIGHLAND COUNCIL
Agenda Item
ROSS,
SKYE
AND
LOCHABER
PLANNING
Report No
APPLICATIONS COMMITTEE – 25 January 2011
4.9
PLR/009/11
10/04066/FUL : Mr James MacDonald
Onich Hotel, Onich, Fort William
Report by Area Planning and Building Standards Manager
SUMMARY
Description : Extension to frontage of existing hotel to extend lounge bar/function room
accommodation.
Recommendation - GRANT
Ward : 22 : Fort William and Ardnamurchan
Development category : Local
Pre-determination hearing : None required.
Reason referred to Committee : Area Manager’s discretion due to previous committee
decision.
1.
PROPOSED DEVELOPMENT
1.1
It is proposed to extend out from the existing lounge and cocktail bars on the south
facing elevation to provide an enlarged function space. The proposed extension is
single storey with a predominantly flat roof, with hipped roof elements around the
perimeter of the extension. It features windows on the west and south elevations
and is blank on the east elevation, which faces the immediate neighbours property.
External walls are to be finished in wet dash render and the roof covering has not
been specified.
1.2
No pre-application consultation.
1.3
Public water main and public sewer serve the site.
1.4
No supporting documents submitted.
1.5
No variations have been made since original submission.
2.
SITE DESCRIPTION
2.1
The site is to the immediate front (south) of the Onich Hotel, which itself is set
within a long established residential area with a number of bed and breakfast
businesses in the immediate and wider area. There are houses to the north and
SITE
Proposed extension to frontage of existing hotel to extend
lounge bar/function room accommodation at Onich Hotel, Onich
Mr James MacDonald
10/04066/FUL
Date: 25th January 2011
PLAN 1
Planning & Development Service
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© Crown copyright 100023369 2009
east of the hotel with the open sea loch to the south.
3.
PLANNING HISTORY
3.1
09/00129/FULLO – temporary planning permission granted for the retention of the
marquee until 4th August 2012. This was granted on 11 August 2009 subject to a
number of conditions, which included the dismantling of the marquee between
events and allowed for a total of 18 events (56 days in total to allow erection and
dismantling of the marquee).
09/00392/FULLO – Section 42 application to vary the conditions attached to
planning permission 09/00129/FULLO. This was recommended for refusal on the
basis that permanent retention of the marquee until August 2012 would have an
adverse impact on the National Scenic Area, contrary to development plan policy
and that increase functions to 24 per year would have an adverse impact on the
amenity of neighbouring properties, contrary to development plan policy.
Committee resolved to grant the application subject to replacement conditions
which covered the following:
•
Marquee not to be used or occupied between 2130hrs and 0800 hrs;
•
Permission for the marquee to expire on 31.10.10 and dismantled and the
site restored by the 7.11.10.
•
Provision of 3m high screen hedging
•
Restriction to 18 events per year.
Members also agreed to enforcement action if the marquee hadn’t been removed
by the 7.11.10. Members also agreed to advise that an application for a permanent
structure be submitted as soon as possible. Permission was issued on the 18.3.10.
10/04654/FUL – application for the retention of the marquee : submitted on
15.11.10 and fully registered on 4.1.11.
4.
PUBLIC PARTICIPATION
4.1
Advertised : Yes
Representation deadline : 28.10.11
Timeous representations : 3
Late representations :
4.2
0
Material considerations raised are summarised as follows:
Of the three letters received, two supported the development and one neither
objected to or supported the development.
(a) Application welcomed and hoped that the replacement of the marquee with the
extension will draw a line under the controversy of the marquee, which has
impacted on the community.
(b) Notes that the planning permission for the marquee requires it to be removed
by 7 November 2010.
(c) Support for the proposal provided full implications of noise spillage are
Support
Representation
One supporter not on the map
Proposed extension to frontage of existing hotel to extend
lounge bar/function room accommodation at Onich Hotel, Onich
Mr James MacDonald
10/04066/FUL
Date: 25th January 2011
PLAN 2
Planning & Development Service
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© Crown copyright 100023369 2009
addressed - suggestions made to mitigate potential noise issues from the
extension:
•
Non-opening windows
•
Main exterior entrance to function room to have two sets of doors (creating
an airlock)
(d) Assumption made that construction of the exterior walls and windows of the
extension will provide a 100% sound barrier.
(e) Assurance sought that if permission is granted for the proposed works
adequate measures will be put in place to prevent children from accessing the
site both from neighbouring property and from the hotel.
(f) Assurance sought that all works will take place between the hours of eight am
and eight pm including the use of any additional lighting required on the site.
(g) Since this project will require use of the shared driveway that exists between
the Onich Hotel and the neighbouring property, assurance sought that the
culvert separating the two properties and the driveway itself are suitable for the
heavy traffic that this project will involve. The driveway is not ideal as an
access for heavy or wide loads or for a construction site.
(f) Entertainment noise from the new function suite should not be audible from the
immediate neighbouring property.
(g) Assurance sought from the hotel owners that measures will be put in place to
minimise disturbance of from noise and activity outside the function suite –
smoking, flash photography and continuing celebrations in the garden after
functions.
(h) Timely removal of the marquee sought.
4.3
All letters of representation can be viewed at the Area Planning Office and for
Councillors, will be available for inspection within the members lounge immediately
prior to the Committee Meeting.
5.
CONSULTATIONS
5.1
Environmental Health Officer : No objection subject to conditions.
5.2
Disability Access Panel : No response.
6.
DEVELOPMENT PLAN POLICY
The following policies are relevant to the assessment of the application
6.1
Highland Structure Plan 2001
G1
Conformity with Strategy
G2
Design for Sustainability
T2
Tourism – High quality tourism developments will be supported
particularly those which extend the tourist season and/pr provide
wet weather opportunities linked to the sustainable enjoyment
Planning & Development Service
Proposed extension to frontage of existing hotel to extend
lounge bar/function room accommodation at Onich Hotel, Onich
Mr James MacDonald
10/04066/FUL
PLAN 3
Date: 25th January 2011
and interpretation of the area’s heritage.
T6
6.2
Scenic Views – Important scenic views enjoyed from tourist
routes and viewpoints will be safeguarded and there will be a
presumption against development in narrow areas of land
between roads and open water.
West Highland and Islands Local Plan
Policy 1
Settlement Development Area
Policy 4
Natural, Built and Cultural Heritage
7.
OTHER MATERIAL CONSIDERATIONS
7.1
Highland Wide Development Plan – Proposed Plan Stage
7.2
Highland Council Supplementary Planning Policy Guidance
None
7.3
Scottish Government Planning Policy and Guidance
Scottish Planning Policy
8.
PLANNING APPRAISAL
8.1
Section 25 of the Town and Country Planning (Scotland) Act 1997 requires
planning applications to be determined in accordance with the development plan
unless material considerations indicate otherwise.
8.2
This means that the application requires to be assessed against all policies of the
Development Plan relevant to the application, all national and local policy guidance
and all other material considerations relevant to the application.
8.3
Development Plan Policy Assessment
This current application relates to the extension of the Onich Hotel to provide
addition function space. The application also makes reference to the retention of
the existing marquee within the grounds until the proposed extension is completed.
A separate application for the retention of the marquee has been submitted to the
Council and is under consideration. This matter is discussed in more detail below.
This report focuses on the current proposal to extend the hotel.
Policy G2 requires all proposals to be assessed in terms of the following criteria:
•
•
•
•
•
•
•
Compatible with service provision
Accessible by public transport, cycling, walking
Maximise energy efficiency
Are affected by significant risk from natural hazards or safeguard zones
Make use of brownfield sites, existing buildings and recycled material
Impact on individual and community residential impact
Impact on non-renewable resources
EXISTING FLOOR PLAN
PROPOSED FLOOR PLAN
Planning & Development Service
Proposed extension to frontage of existing hotel to extend
lounge bar/function room accommodation at Onich Hotel, Onich
Mr James MacDonald
10/04066/FUL
PLAN 4
Date: 25th January 2011
•
•
•
•
Impact on resources (habitats, species, landscape, heritage etc.)
Promote varied, lively and well used environments
Accommodate the needs of all sectors of the community
Contribute to the economic and social development of the community
Developments, which are judged to be significantly detrimental in terms of the
above criteria, shall not accord with the Structure Plan.
The hotel lies within the settlement development for Onich as identified by the West
Highland and Islands Local Plan (WHILP). Policy 1 of the WHILP supports
proposals if they meet the requirements of Structure Plan Policy G2 Design for
Sustainability. Proposals require to be judged in terms of the following criteria and
developments that are judged to be significantly detrimental in terms of the criteria
shall not accord with the Local Plan.
1. Pattern of development and landscape character
The proposal comprises the erection of a single storey extension onto the front
(sea-facing) elevation of the Onich Hotel. The extension would be subservient to
the large, previously extended hotel and due to its location away from the public
road, and its backdrop of the existing hotel when viewed from distance views
and from the sea, the proposal is considered to be acceptable in principle.
2. Conformity with existing and approved adjacent land uses
The hotel is located within a predominantly residential area and although this is
an extension to existing commercial premises, it is important that the proposal is
designed to ensure there will be no further impact on individual and community
residential impact.
The Council’s Environmental Health Officer (EHO) has advised that the
Environmental Health service is investigating a noise complaint which has
involved the monitoring of noise, predominantly entertainment, from the Onich
Hotel. During the investigation it has been found that entertainment noise
originating from within the existing hotel bar / function area readily propagates
into the nearest noise sensitive receptor to the extent that it is clearly audible
within the living areas. The information contained within the submission to
planning is inadequate in respect of demonstrating how noise, particularly
entertainment noise, will be satisfactorily mitigated thereby preventing amenity
loss to persons residing with surrounding noise sensitive receptors.
The EHO has recommended conditions be attached to any planning permission
which cover the following, in order to protect against amenity loss:
a) Any noise originating from the operation of the premises, including
entertainment noise, shall be inaudible in neighbouring noise sensitive
premises
b) Prior to the commencement of works the applicant must provide an acoustic
report which demonstrates how the development will enable compliance
with condition 1 to be achieved. This report must be submitted to and
approved in writing by the planning service before work can commence on
Planning & Development Service
Proposed extension to frontage of existing hotel to extend
lounge bar/function room accommodation at Onich Hotel, Onich
Mr James MacDonald
10/04066/FUL
PLAN 5
Date: 25th January 2011
site. In order to demonstrate how the development will enable compliance
with condition 1 the report should include acoustic calculations using sound
reduction values for various parts of the building fabric (i.e. walls, windows,
ventilation systems, doors, roof, etc.).
c) Prior to the commencement of works the applicant must provide a noise
management plan which contains a statement of which, if any, operational
practices are necessary before noise, particularly entertainment noise, is so
controlled that compliance with condition 1 is achieved. This report must be
submitted to and approved in writing by the planning service before work
can commence on site.
d) Construction operations for which noise is audible at the boundary of the site
shall only be carried out between 0800 hours and 1900 hours Monday to
Friday, between 0800 hours and 1300 hours on Saturdays and at no time on
a Sunday or public holiday. Work requiring to be carried out outwith these
times shall only commence with the prior written approval of the Planning
Authority.
3. Effect on natural, built and cultural heritage features
The site lies within the Ben Nevis and Glen Coe National Scenic Area which as
a whole is designated for its great variety of landform and scenery. Due to the
subservient size of the extension, its design and finish which reflect parts of the
existing hotel, and its siting to prevent encroachment into the open views, it is
considered the proposal will not adversely affect the character of the National
Scenic Area.
In terms of servicing and infrastructure, the public water main and public sewer
serve the site. From the plans submitted, no further connections to these services
are proposed. The hotel is served by an existing access onto the trunk road and
has existing on-site parking. As no additional bed spaces are proposed, no
additional parking is considered necessary. Unlike the marquee (discussed below)
the function space proposed is integral to the existing hotel, rather than a separate
venue, and is considered the proposal will not represent a material increase in use
of the hotel.
Policy Conclusions
It is considered that, with suitable conditions to ensure protection of individual and
community amenity from noise from the premises, the proposal accords with Policy
1 of the WHILP and is not significantly detrimental to any of the criteria set out in
Policy G2 of the Highland Structure Plan.
8.4
Material Considerations
Third Party Representation.
Two letters of support and one neutral letter have been received. The letters do
raise material considerations.
•
Noise – this has been discussed in Section 8.3 above.
•
Removal of existing marquee – see below.
•
Construction hours – Although able to control this under the environmental
health legislation, it is considered prudent to apply a planning condition in
this case due to the close proximity of residential properties.
•
Lighting – this can be covered by condition.
•
Prevent children accessing the site – site security is covered by health and
safety legislation.
•
Impact on shared driveway – Use rights and damage/repairs to the shared
driveway are civil matters between the interested parties. With respect to
construction traffic, the main interest of the planning authority is to ensure
there are no impacts on the safety of the users of the public highway. A
management plan for construction traffic associated with the proposal can
be secured by condition.
•
Impact from activities within the gardens of the hotel – this is regulated by
Licensing.
Existing Marquee
As highlighted in Section 3.1 of this report, planning permission for the marquee on
the site expired on 31.10.10 and the marquee was to be removed by the 7.11.10.
The applicant has not complied with these requirements and the marquee remains
in-situ.
During determination in February 2010 of the previous application
09/00392/FULLO, Members authorised Enforcement Action after 31.10.10 if the
marquee had not been removed and advised that the Committee would be looking
for an application for a permanent structure as soon as possible. This permanent
structure is the subject of this current application submitted on 28.9.10.
The marquee is unauthorised. The applicant submitted an application on the
15.11.10 for retention of the marquee for a further year, until October 2011 at which
point they intend to build the extension. Further information was required from the
applicant to fully register this application. The Council did not receive this until
4.1.11. Due to this delay, the neighbour notification period and advertisement
period will not have expired before the January Committee agenda closing date,
therefore it is not possible for the Council to consider these applications together at
the January Committee, as originally intended.
It is important that the Planning Authority do not prejudge the outcome of
application 10/04645/FUL for the retention of the marquee, which is intended to be
presented to the next Committee on 8.3.11. The Committee is however asked to
endorse the following positions:
(a) that enforcement action should not be pursued to remove the marquee
(under application 09/00392/FULLO) until application 10/04645/FUL has
been determined, and
(b) as the marquee is unauthorised, that the marquee cannot be used for any
functions until a decision has been taken on application 10/04645/FUL.
8.5
Other Considerations – not material
None identified.
8.6
Matters to be secured by Section 75 Agreement
None
9.
CONCLUSION
9.1
It is considered that, with suitable conditions to ensure protection of individual and
community amenity from noise from the premises, the proposal accords with Policy
1 of the WHILP and is not significantly detrimental to any of the criteria set out in
Policy G2 of the Highland Structure Plan.
Issues relating to the removal of the marquee cannot be considered under this
current application and is intended to be presented to Committee on the 8 March
2010.
10.
RECOMMENDATION
Action required before decision issued N
Subject to the above, it is recommended the application be Granted subject to
the following conditions and reasons.
It is also recommended that the Committee endorse the following positions:
(a) that enforcement action should not be pursued to remove the marquee
(under application 09/00392/FULLO) until application 10/04645/FUL has
been determined, and
(b) as the marquee is unauthorised, that the marquee cannot be used for any
functions until a decision has been taken on application 10/04645/FUL.
Proposed Conditions and Reasons relative to application 10/04066/FUL
1.
The development to which this planning permission relates must commence within
THREE YEARS of the date of this decision notice.
Reason : In order to accord with the statutory requirements of the Town and
Country Planning (Scotland) Acts.
2.
No development shall start on site until the completed Notice of Initiation of
Development (NID) form attached to this planning permission/approval of matters
has been submitted to and acknowledged by the Planning Authority.
Reason : In order to accord with the statutory requirements of the Town and
Country Planning (Scotland) Acts.
3.
Upon completion of the development the completed Notice of Completion form
attached to this decision notice shall be submitted to the Planning Authority.
Reason : In order to accord with the statutory requirements of the Town and
Country Planning (Scotland) Acts.
4.
Any noise originating from the operation of the premises, including entertainment
noise, shall be inaudible in neighbouring noise sensitive premises.
Reason : In order to protect against amenity loss.
5.
No work shall commence on site or is hereby authorised until the applicant has
provided an acoustic report which demonstrates how the development will enable
compliance with condition 4 to be achieved. This report must be submitted to and
approved in writing by the planning authority before any work can commence on
site. In order to demonstrate how the development will enable compliance with
condition 4 the report should include acoustic calculations using sound reduction
values for various parts of the building fabric (i.e. walls, windows, ventilation
systems, doors, roof, etc.). Thereafter the development shall be fully constructed
and operated in accordance with the approved details.
Reason : In order to protect against amenity loss.
6.
No work shall commence on site or is hereby authorised until the applicant has
provided a noise management plan which contains a statement of which, if any,
operational practices are necessary before noise, particularly entertainment noise,
is so controlled that compliance with condition 4 is achieved. This report must be
submitted to and approved in writing by the planning authority before work can
commence on site. Thereafter the development shall be operated in accordance
with the approved details.
Reason : In order to protect against amenity loss.
7.
Construction operations for which noise is audible at the boundary of the site shall
only be carried out between 0800 hours and 1900 hours Monday to Friday,
between 0800 hours and 1300 hours on Saturdays and at no time on a Sunday or
public holiday. Work requiring to be carried out outwith these times shall only
commence with the prior written approval of the Planning Authority.
Reason : In order to protect against amenity loss.
8.
No work shall commence on site or is hereby authorised until a management
plan for construction traffic shall be submitted to and approved in writing by the
Planning Authority. Such details shall show the proposed route for construction
traffic, together with parking and turning areas and provision for delivery of
materials. For the avoidance of doubt the management plan shall ensure all
construction traffic can enter and exit the site onto the A82 Trunk Road in a forward
gear. Thereafter the site shall be operated in accordance with the approved details.
Reason : In the interests of road and pedestrian safety.
9.
No work shall commence on site or is hereby authorised until a lighting plan
has been submitted to and approved in writing by the Planning Authority. Such
details shall show the position and type of all new external lighting, both temporary
lighting during the construction phase and permanent external lighting relating to
the new extension, and shall show the lighting units angle to prevent light spillage
beyond the site boundary. Thereafter the lighting units shall be installed and
operated in accordance with the approved details.
Reason : In the interests of amenity in order to prevent light spillage beyond the
site boundary.
Signature:
Designation:
Area Planning & Building Standards Manager, Ross, Skye & Lochaber
Author:
Susan Poole
Background Papers: Documents referred to in report and in case file.
Relevant Plans:
Plan 1 – Location Plan 1
Plan 2 – Location Plan 2
Plan 3 – Site Plan
Plan 4 – Floor Plans
Plan 5 - Elevations