THE HIGHLAND COUNCIL
Agenda
Item
6.11
ROSS, SKYE & LOCHABER
PLANNING APPLICATIONS COMMITTEE – 3 February 2009
Report
No
PLR-019-09
08/00546/FULRC : Mr David Elliot
Change of Use of Forestry Land to Allow for Two Additional Paintball Playing Areas
and the Erection of Two Shelters and a Kitchen Cabin
Woodland to West of Littleburn, Munlochy, Black Isle
Report by Area Planning and Building Standards Manager
SUMMARY
Description: Change of use of forestry land to create two additional paintball playing
areas, the erection of two shelters and the erection of a kitchen cabin.
Recommendation: GRANT
Ward: Black Isle (10)
Hearing: Not required.
Reason for Committee: Community Council objection.
1.
PROPOSAL
1.1
It is proposed to create two additional paintball playing areas, erect two new ‘openfronted’ timber shelters and erect a new timber kitchen cabin on land west of
Littleburn, Munlochy. The area of land concerned bounds a number of existing
well-established paintball playing areas and the proposed shelters and kitchen
cabin will be located adjacent to the existing shelter and store complex; being allbut identical in terms of design and scale.
1.2
The site comprises ground located within the Forestry Commission-owned
‘Woodland of Drumnamarg’ and lies immediately south of the A832 Tore/Cromarty
road. The nearest residential property lies in excess of 200m away to the west.
1.3
Existing foul water arrangements constitute a port-a-loo storage tank which is
emptied on a frequent basis.
2.
PLANNING HISTORY
2.1
Three previous planning applications (04/00986/FULRC, 06/00775/FULRC and
06/00835/FULRC) covering existing paintball-related infrastructure have been
approved by the Council. The 2004 application was approved by the former Ross &
Cromarty Area Committee following a site inspection and the two 2006 applications
were approved under delegated powers.
3.
PUBLIC PARTICIPATION
3.1
No objections have been received from members of the public.
4.
CONSULTATIONS
4.1
Knockbain Community Council: object on the grounds that the proposed playing
areas will bring paintball activity closer to where people and their animals live, that
concerns have been expressed about noise experienced in Littleburn, that Red
Kites have been affected by existing activities and concerns that the toilet facilities
present are not adequate.
4.2
Environmental Health: No objections. No concerns regarding noise, pollution,
water or health & safety. Kitchen to comply with EC 852/2004.
4.3
RSPB Scotland: No objections so long as playing areas do not extend further to
the east of the current site.
4.4
SNH: No objections and no concerns regarding impact on Red Kites, so long as
playing areas do not extend further to the east of the current site.
4.5
TECS Roads: No objections.
5.
POLICY
5.1
The following policies are relevant to the assessment of the proposal:
Highland Structure Plan 2001
Policy G1
Conformity with Strategy
The Council will support developments, having regard to the
Development Plan’s sustainable objectives, which promote and
enhance the social, economic and environmental wellbeing of the
Highlands.
Policy G2
Design for Sustainability
Developments which are judged to be significantly detrimental in
terms of the listed ‘sustainable’ criteria shall not accord with the
Structure Plan.
Ross & Cromarty East Local Plan
BP3
The Council will only approve developments if there are no
significant adverse effects on heritage, amenity, public health and
safety interests.
5.2
The proposal also requires to be assessed against the following relevant Scottish
Planning Policies (SPP and/or NPPG) and Planning Advice Notes (PAN):
ƒ
Not Applicable.
6.
PLANNING APPRAISAL
6.1
Determining issues - 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.
6.2
The proposal requires to be assessed against both the appropriate policies of the
Development Plan, supplementary guidance and National Planning Policy and
Guidelines as referred to in the Policy section. In particular, the proposal requires
detailed assessment of the following fundamental issues:
6.3
ƒ
whether the principle of development is appropriate in terms of policy;
ƒ
whether the layout of development is appropriate;
ƒ
the impact on the amenity of the area and residents;
ƒ
other material issues raised by the objectors.
Policy Appraisal
Structure Plan Policy G1 outlines support in principle for developments which
bolster the social and economic wellbeing of the Highlands. In this instance, the
paintball park has proven to be a popular and sustainable facility, drawing
customers from not only the Highland but also across Scotland and the rest of the
UK. Subject to other relevant policies outlined below, its expansion meets the
terms of policy G1.
Structure Plan policy G2, which applies to all planning applications, requires all
development proposals to be acceptable in terms of the sustainable objectives of
the development plan. Of particular relevance to this application are the sensitive
siting and design considerations.
The playing areas themselves raise little concern as they primarily consist of
woodland areas with little or no built structures located within. The shelters and
kitchen cabin will be constructed using timber with profile sheeting roofs. Their
design raises no significant concerns and is considered compatible with the
woodland setting. Their location ties-in closely with the cluster of existing buildings
and will not lead to any substantial development outwith the current complex.
Policy BP3, which relates to this site, states that the Council will only approve
developments if there are no significant adverse effects on heritage, amenity,
public health and safety interests.
In terms of heritage, while the site is located within an area of semi-natural ancient
woodland and Red Kites are present in the general area around Munlochy, SNH
have not objected and do not consider the application as presenting any adverse
impact concerns regarding habitat or species. The proposal will not result in the
loss of any significant existing woodland as the playing areas are on the whole
located within clearings and the new shelters/kitchen cabin, all of which constitute
low-impact design, will be located within an already-cleared section of the site.
On this basis, there are no significant heritage concerns.
In terms of amenity and public health considerations, while concerns have been
raised by the local Community Council regarding noise pollution, the proximity of
paintball operations to residential property and the adequacy of existing toilet
facilities, these concerns are not shared by Environmental Health. Even with the
proposed playing area extensions being taken into consideration, the nearest
house lies some 200m away and is separated from sight and sound by mature
woodland. There is no significant line of sight and any noise emitted from the
paintball park should be well-absorbed by the surrounding trees.
In addition, no public objections have been received with regard to the application
and it is understood that no complaints relating to noise or toilet facilities have been
lodged with either the paintball park operator or the Council since the facility
opened for business a number of years ago.
Regarding toilet facilities, again Environmental Health have not objected and have
not requested any upgrades to the port-a-loo arrangements in place. There is no
evidence that the existing facilities are not adequate. The nature of the port-a-loo
facility ensures that the foul drainage provision has virtually no impact upon the site
as foul effluent is removed from the site ad disposed of to an authorised disposal
point regularly.
On this basis, there are no significant amenity concerns.
In terms of safety considerations, Environmental Health has raised no objections to
the proposal, nor have TECS Roads in terms of road safety. In addition, each
playing area is clearly marked with high-visibility tape to ensure play does not take
place outwith these areas, the reception and seating areas are separated from the
playing areas by substantial netting and the site itself is bounded by thick mature
woodland which acts as a barrier between the general public and paintball
activities.
On this basis, there are no significant safety concerns.
6.4
Servicing and Infrastructure
No concerns have been raised with regards to existing or proposed servicing or
infrastructure considerations. TECS Roads have no objection to the increased use
of the existing junction and parking is considered acceptable.
6.5
Community Council Representations
While Knockbain Community Council has objected to the proposal on the grounds
outlined in Section 4.1 above, it is considered that their concerns relating to noise
pollution, amenity, wildlife impact and toilet facilities have been addressed by way
of consultee input and none of the issues raised are reason to withhold consent.
The applicant has also provided a response to Knockbain Community Council’s
objection which refutes the points raised, principally on the basis of lack of
evidence; this letter is available for Members to view in the Members’ Lounge prior
to the Committee meeting.
Killearnan Community Council, whose boundary also passes through the
application site, has not objected to the application.
7.
CONCLUSION
7.1
For the reasons outlined in the sections above, the proposed paintball park
extensions and ancillary buildings are considered acceptable in terms of the
development plan. While objections have been received from a local community
Council, the concerns raised are not mirrored by the relevant consultees and are
not therefore considered reason with which to refuse planning permission.
It is recommended that if Members decide to grant consent, appropriate conditions
- as applied to consent refs. 06/00775/FULRC and 06/00835/FULRC - be carried
across, subject to minor alterations to the ‘cessation of use condition’ to refine its
wording.
RECOMMENDATION
It is recommended the application be Granted.
Subject to the following Conditions and Reasons:
1.
In the event that the use of the site as a paintball facility ceases, all cabins,
lean-to shelters and associated structures (including the portable toilet and
those structures located within the playing areas), as well as all marker tape,
netting, and associated fixtures and fittings, shall be removed and the site
reinstated to the satisfaction of the Planning Authority, within one month of
cessation of the facility.
Reason :
In the interests of visual amenity.
2.
The paintball activities and facilities shall operate between the hours of
9:00am and 9:00pm (1st April to 30th September) and; 9:00am and 5:00pm
(1st October to 31st March). Any change or variation to the specified hours
shall be the subject of a further planning application.
Reason :
In the interests of general public amenity and that of the neighbouring
properties.
Note to Applicant
Planning Conditions: Your attention is drawn to the conditions attached to this
permission. In particular, any pre-conditions (those requiring certain works, submissions
etc. prior to commencement of development) must be fulfilled prior to work starting on site.
Failure to meet these conditions may invalidate your permission or result in formal
enforcement action.
Signature:
Designation:
Author:
Designation:
Report Date:
Area Planning & Building Standards Manager
David Baldwin
Planning Officer
20 January 2009
Background Papers:
Highland Structure Plan (2001)
Ross & Cromarty East Local Plan (2007)
The application file