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COMMI77EE REPORT WlGTOWN AREA COMMl77EE 07/P/7/0223 & 0227

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David Bell - Operations Manager Development Management Kirkbank, English Street, Durnfries, DGI 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

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C O U N C I L

(A) PLANNING APPLICATION AND (B) LISTED BUILDING CONSENT APPLICATION FOR: FORMATION OF MARINA INVOLVING INSTALLATION OF PONTOONS WITH PILES SECURED TO HARBOUR BED, AND ACCESS BRIDGE, AT: INNER HARBOUR, PORTPATRICK

APPLICANT: PORTPATRICK HARBOUR LTD. REF. NO: (A) 071P1110223 (B) 071Pl110221

I BACKGROUND

1.1 Consideration of this application was deferred at the October meeting of the Wigtown Area Committee. Deferral was agreed to allow a site visit by Members. It was resolved to determine the proposal at a hearing in Portpatrick after the site visit. Portpatrick Community Council and Portpatrick Harbour Trust gave the following reasons for requesting a site visit:

“(a) Significant importance of the harbour area and strong local opposition

(b) Lack of detail in the application particularly in relation to the amended proposals

(c) (Alleged) Misconceptions in the Officer’s Report and the application itself

(d) Complexity of the development that can only be determined on site”

1.2 The application is one of a suite of proposals lodged with the Council to redevelop Portpatrick Harbour, and can be summarised as follows:

1. New Harboumaster’s office and information centrelkiosk at head of the Harbour Arm (cu rren t applications).

2. Pontoons in Outer Harbour (Reconfiguration of a recently lapsed Listed Building Consent - current applications)

3. Pontoons in Inner Harbour (Reconfiguration of a recently lapsed Listed Building Consent) (this application)

4. Temporary siting of Portacabin Toilet and Shower block (Planning and Listed Building Consent applications approved)

5. Redevelopment of site of existing store sheds alongside Inner Harbour to provide permanent marina facilities, 5 flats and restaurant with bar. (current applications).

1.3 All 5 elements are the subject of dual applications for Planning Permission and Listed Building/Conservation Area Consent. Items 1,2 and 5 above also feature on this agenda.

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1.4 Portpatrick Harbour is a Schedule B Listed Building. The features of interest are the harbour structure itself, namely the walls, the quayside edge coping stones and the Inner Harbour floor which is sandstone-paved. The harbour and its surroundings fall within the Portpatrick Conservation Area. Listed Building Consent for a similar scheme involving the positioning of pontoons in the Inner and Outer Harbours was approved in 2002, but lapsed in May 2007.

1.5 This proposal relates to (3) above and involves the positioning of a series of pontoons within the Inner Harbour. The aim is to formalise the current ad hoc arrangement of boats in the harbour and to modestly increase capacity by utilising the basin more efficiently. More importantly, pedestrian access to and from boats would be significantly made easier and safer than the current arrangements allow. At present all craft users must utilise vertical quayside ladders, or stone steps subject to wetting and debris accumulation from the tide and waves.

1.6 In summary the layout chosen involves a linear length of pontoon running alongside the full eastern and half of the northern walls of the harbour, with an axis of further pontoons and berthing tails running north-south broadly down the centre of the harbour. This arrangement would allow approximately 22 craft of differing lengths to moor up to this central axis, with the eastern perimeter pontoon in effect being a jetty closer to water level to allow short term visitors, day trip boats and larger craft to moor. Access to the pontoons would be via a gantry bridge at the north east corner of the harbour that is able to adjust in angle to suit the state of the tide. The 2002 scheme involved a U-shaped arrangement in the western half of the harbour.

1.7 The applicants have been well aware throughout this exercise of the fact that the walls and floor of the harbour are a Grade B Listed Building and as such have devised the scheme to be structurally independent of the harbour walls - unlike the 2002 scheme that relied on tubular columns with collar attached to allow the pontoons to rise and fall with the tide, and bracket fixings direct to the walls. As such the current scheme is independent of the harbour walls but instead depends on piles sunk into or attached to the harbour floor to which the pontoons would then be affixed, to in effect then be anchored in position but move with the tide. Discussions with the applicants conclude that the method of fixing the piles to the harbour floor needs further investigation but indications suggest that the preferred solution could involve the removal of some harbour floor flag stones to access the softer ground to pile drive into. Similarly, the access bridge gantry has been designed to solely rest on the listed harbour edge as opposed to being physically attached to it, thus maintaining its integrity.

1.8 Another reason for proposing to attach the pontoons to the harbour-bed by anchored piles as opposed to wall tubes and brackets as a result of discussions with Scottish Natural Heritage in order to safeguard nesting Guillemots in crevices and shelves within the walls.

2 CONSULTATIONS

2.1 Principal Roads Services Officer (Wigtown)

(a) No objections.

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2.2 Chief Constable

(a) design.

No details of lighting provided, thus not avoiding a crime situation through appropriate

(b) No security measures included at pontoon bridge entrance

(c) particularly by the access gantry bridge.

Potential for conflict between pedestrians and vehicles around the harbour area -

Important that access to the Lifeboat Station and the crew’s car parking is maintained.

Scottish Natural Heritage

No objections

Portpatric k Community Cou nci I

Endorse representations of Portpatrick Trust (see 3. I below)

see further representations in 1 .I above

Historic Scotland

Feel that the pontoons will have a significant impact on the character of this important iistoric harbour and the wider Conservation Area.

Raise concerns about potential disturbance to the flag stone harbour floor from piling, and detrimental physical impact to the harbour walls arising from the positioning of the access bridge.

3 REPRESENTATIONS

3.1 The Portpatrick Trust

(a) Objects to applications/proposaIs for pontoons in the Outer Harbour, harbour office and information centre, redevelopment of store buildings alongside Inner Harbour, and pontoons in the Inner Harbour. (Comments referring to the subject application only listed below).

(b) Pontoons will detrimentally affect the setting and character of the whole harbour

(c) The car parks proposed (on the generic plans) are not feasible.

Create a demand for car parking that is not adequately addressed within the proposals.

(d) Additional car parking area shown on the generic plans submitted (but not specifically included in the current application) inbetween the sea wall and Inner Harbour store sheds will lead to loss of valuable amenity space.

(e) Little attention paid to existing harbour users, particularly winter storage of craft on the quayside when water conditions within the harbours are dangerous.

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(f) see further representations in 1 .I above

3.2 McAndrew & Company on behalf of Robert Campbell, Campbell’s Restaurant, Portpatrick

(a) Principally objects to (other) applications/proposaIs (for pontoons in the Outer Harbour and redevelopment of store buildings alongside Inner Harbour - the latter a current application not yet ready). (Comments referring to the subject application only listed below)

(b) Pontoons unlikely to be able to function properly in winter (weather).

3.3 E B Blatch on behalf of the Applicant

(a) The applicants have supplied a supporting statement and the salient points of planning relevance have been extrapolated and some quoted below: (b) “The applicants are aware that a lively and bustling harbour will provide a focal point to Portpatrick and to create a sailing “centre of excellence” will ensure the success of the harbour and generate a considerable amount of inward income creating a firm platform for expansion of local business and creation of others, leading to greater job opportunity.

(c) It is of course a fact that if our clients get this “right” the businesses will be created off the back of the sailing and boating fraternity - engine repairs, chandlery, fishing trips etc. Notwithstanding also that where there is a buoyant boating scene there is a tendency for the extreme sports to gather. Portpatrick is the visiting village for the Northern Irish rib raid which occurs every year - a dash by about 70 boats across the North Channel”,

(d) The applicants have provided a statement which claims and estimates that if all parts of the “package” are implemented than some additional f0.8m could be brought into the Portpatrick area, with up to 15 direct new jobs being created, in addition to existing employment being underpinned by the additional demand generated by the harbour redevelopment.

(e) Since this report was originally drafted for the October Wigtown Area Committee meeting further information has been submitted which includes a design for the attachment of the proposed pontoon access ramp bridge to the quayside. It indicates how the listed harbour structure per se would be spanned over and therefore protected. (The merits of this item are discussed in 4.1 1 below).

4 REPORT

4.1 Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1977 requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the building (harbour) and its setting and any factors of architectural or historic interest which it possesses, and Section 64( 1) requires that special attention shall be paid to the desirability of preserving or enhancing the character and appearance of a Conservation Area. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning authorities, when making a determination under the Planning Acts, to have regard to the Development Plan and to make the determination in accordance with the Plan unless other material considerations indicate otherwise.

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4.2 The application falls to be determined in terms of the Dumfries and Galloway Structure Plan Policies D23 (Tourist Development), E8 (Development in Conservation Areas), E9 (Listed Buildings), D36 (Design of Development); and SI7 (Harbour Development) and Wigtown Local Plan Policies GPI (Development Principles), GP2 (Development Considerations), GP7 (Siting and Design), GP33 (Tourist Facilities and Accommodation), GP47 (Developed Coast), GP50 (Conservation Areas), GP51 (Listed Buildings) and GP74 (Protection of Established Harbours and Slipways)

4.3 The main planning issues are:

Does the proposal meet Council policy ? How does the proposal impact on the integrity and setting of a Listed Building and the Portpatrick Conservation Area ?

The above points are discussed in turn below:

4.4 Portpatrick is an attractive village, the key attributes of which are its picturesque harbourside buildings and setting, and as such has developed into a principal tourist attraction in the Rhins. Visitors arrive principally by car, but also by boat, and it is the latter element that the proposal is commendably attempting to develop and enhance.

4.5 Listed Building Consent recently existed for the placing of pontoons in the Inner Harbour, but this was never implemented. Given its recent date it is fair to recognise that the principle of pontoons in the Inner Harbour is acceptable. The present proposals are also a means of better accommodating the Black Guillemots nesting in the harbour walls and follow discussions with SNH.

4.6 Structure Plan Policy S I 7 encourages development proposals which support the use of harbours. Nevertheless, the confines of the harbourside are relatively tight and the provision of potentially more mooring berths in a more formal layout would normally generate a demand for boat owners’ cars in excess of those resulting from the existing informal boat mooring arrangements. The existing harbour, in the main tourist season, is a busy throng of activity of day trippers with cars milling about, and together with fishermen and local and visiting craft, they all compete for use of the limited quayside area.

4.7 Following discussions with the applicants the nature of the usage of Portpatrick Harbour needs to be understood and explained to demonstrate that demand for ancillary car parking should not significantly increase as a result of the Inner Harbour proposals (as opposed to the Outer Harbour proposals the subject of another application on this agenda). Portpatrick Harbour is principally a stop-over port as opposed to a harbour where boats are moored on a long term basis. Therefore most boat visitors are likely to be en route to/from the south west Scottish coastal waters aftedbefore the journey from/to Ireland, Isle of Man and Cumbrian Coast/Liverpool Bay. They therefore arrive by boat and leave by boat. That is not to say that some boat callers will not leave their craft at Portpatrick for a week or two as a longer term break in an onward voyage, but these tend to be few and should not have a significant impact on the existing car parking provision. In reality there simply are not the facilities to crane boats out of the water or quayside land available to cater for dry winter storage, or dry dock repairs other than for a few of the small local boats that are based at Portpatrick. Girvan, Ayr and Troon and other Clyde marinas provide this type of facility. A new marina has also been approved at Stranraer Harbour. The Inner Harbour is the location

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where most day-boat activity takes place. The pontoon proposals do not significantly increase the numbers of moorings over the existing situation but are aimed more at improving pedestrian access and the safety of users.

4.8 Local Plan policy (GP33) encourages the development and enhancement of tourist- related facilities, but with the express caveat that new proposals shall be of a scale, nature and design appropriate to its setting; and a proposal must not have an adverse impact on townscape, landscape, nature conservation or archaeological interests; and the traffic generated must not have a material adverse impact upon the local road network; and be compliant with Structure Plan policies D23, D24 and D25. Policy GP50 seeks to ensure that new development preserves or enhances the character, appearance or setting of the Conservation Area through appropriate design, use of materials, detailing and general massing and arrangement of any new proposal. Policy GP51 states that proposals for development will not be permitted if they would harm the setting of a listed building.

4.9 In aesthetic terms the proposal is difficult to evaluate. On the one hand the proposal could encourage more boats to stay at Portpatrick, and this would significantly add to tourist interest and give the harbour more of a busy feel, rather than the existing feeling of an underused and relatively unmanaged resource. However conversely, the proposal which does not physically or structurally affect the listed harbour walls will invariably have some impact on the setting of the harbour. In tandem with this rationale must be factored in the very recent lapse of Listed Building Consent for a pontoon layout in the Inner Harbour, as arguably this could have been implemented within the last 5 years resulting in a general impact on the harbour similar to as now proposed.

4.10 Where the Inner Harbour differs from the Outer Harbour is that the former is more of a contained basin with less of an ability to gain a sideways or longer and distant view into it. At the Inner Harbour the view is generally one of looking down into an area of water bounded by relatively tall walls on virtually 4 sides. It is considered that boat arrangement and activity would look similar with or without the numbers of pontoons proposed regardless of whether the existing situation, the 2002 lapsed scheme or the current proposals are utilised. Where the current proposal differs from the 2002 scheme is the method of securing and attaching the pontoons by avoiding fixings or tubular apparatus to the actual listed harbour walls. The method of attachment to the harbour floor does require investigation and evaluation and the importance or planning relevance of the potential removal of selective floor flag stones to facilitate piling needs to be further assessed.

4.1 I The design of the proposed access ramp fixing point raises concerns. In principle it is considered that as an entrance/exit point the location chosen is broadly acceptable. The additional information submitted (see 3.3 (e) above) is only a sketch and without an accurate scale, but using judgement it clearly would need to protrude between 2 and 3 metres from the harbour edge into what is now public road (and therefore on land outside the control of the applicant) at the north east corner of the Inner Harbour where there is a convergence of parked and moving vehicles, pedestrians and boat users (via the existing stone steps). This anticipated design will aggravate this pinch-point and congestion at busy times. It is felt that there are alternative designs that could overcome this foreseen problem. Rather than recommend refusal of the application on the shortfalls of this item alone it is suggested that a condition be imposed on any planning permission given reserving approval of a redesign of the access ramp access point prior to any development commencing.

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4.1 2 The representations made by the objectors generally reflect the above adverse-only comments and in addition there is concern about the ability of the pontoons proposed to physically withstand the harshness of winter weather without them being damaged. The applicant has, on an informal basis only, recently supplied draft proposals for pre-application discussion as to how the impacts of adverse weather and wave action could be mitigated. They do not form part of this application and are another issue to be considered at a future juncture and only when the subject of a planning application.

4.13 In summary, there are benefits to be gained by allowing the proposed Inner Harbour development, and although there are some disadvantages leading to a change of character of the Inner Harbour particularly during the winter (low use) season when the pontoons would be more visible by virtue of fewer boats being moored and not screening them, it is considered that the advantages outweigh them. The proposals broadly maintain the Council’s previous position in 2002 and uphold the thrust of current planning policy and guidance. Pontoons of relatively modern appearance are not new to historic harbours in the UK and mainland Europe and do invariably generate and maintain a tourist interest which befits a destination such as Portpatrick.

4.14 Generic location and block plans have been used by the applicants for the purposes of identifying specific proposals relative to each planning and listed building consent application in the package. For the avoidance of doubt it is recommended that appropriate conditions be imposed on the respective consents for this proposal to clarify that they apply only to the Inner Harbour pontoon layout and system.

4.15 Advice to Members is that the proposal accords with the Development Plan and that there are no other material considerations that should override policy in this case. Under Sections 25, 59(1) and 64(1) of the respective Acts, therefore, the applications should be approved.

5 RECOMMENDATION (A)

5.1 Approve subject to the following conditions:

1. five years of the date of this permission.

That the development hereby granted planning permission shall be commenced within

2. That the development hereby granted planning permission shall be implemented in full accordance with the approved plans and the details specified on the application form unless otherwise agreed in writing by the planning authority or unless otherwise required by conditions attached to this permission.

3. That prior to the commencement of the development details showing the method of attachment of the pontoon anchoring stanchions to the harbour floor shall be submitted to and approved by the Council as Local Planning Authority in consultation with Historic Scotland.

4. in red on Drawing No’s PH/03 and PH/04 (received on 1 1 th. July 2007).

This Planning Permission purports to approve only the pontoon layout shown outlined

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5. This planning permission does not approve the design of attaching the access ramp/bridge to the harbourside. Further details in this respect shall be submitted to and approved by the Local Planning Authority before any work is commenced.

6 RECOMMENDATION (6)

6.1 Approve subject to the concurrence of Scottish Ministers and to the following conditions: -

1. within five years of the date of this permission.

That the development hereby granted Listed Building Consent shall be commenced

2. years of the date of this consent.

That the works hereby granted Listed Building Consent shall be commenced within five

3. That prior to the commencement of the development details showing the method of attachment of the pontoon anchoring stanchions to the harbour floor shall be submitted to and approved by the Council as Local Planning Authority in consultation with Historic Scotland.

4. outlined in red on Drawing No’s PH/03 and PH/04 (received on 1 lth July 2007).

This Listed Building Consent purports to approve only the pontoon layout shown

5. This Listed Building Consent does not approve the design of attaching the access ramp/bridge to the harbourside. Further details in this respect shall be submitted to and approved by the Local Planning Authority before any work is commenced.

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APPENDIX 1

LIST OF DEVELOPMENT PLAN POLICIES MATERIAL TO APPLICATION - 07/P/1/0223 and 07/P/l/0221

Policies may not be quoted in full. Omission of part of a policy means that that part is not material to the application before the Council.

DUMFRIES AND GALLOWAY STRUCTURE PLAN (DECEMBER 1999)

Policy D36 : Design of Development The Council expects development proposals to take into account:- 1. 2. local building styles; and 3.

siting, scale, form massing and layout in relation to townscape and landscape setting;

the access needs of all groups.

Further policy guidance on the siting and design of development will be provided in Local Plans. The importance of design in development and the need to take into account matters such as siting and access to the development is recognised in a number of NPPG's and PAN'S indicating strong support for the consideration of these matters as an integrated part of the preparation of development proposals.

Policy D23: Tourist Development Development of visitor attractions and facilities will be supported by the Council. The assessment of development proposals will take into account the following considerations:- 1. contribution the scheme makes to the development of tourism; 2. impact on services, facilities and the transport network; and 3. impact on the local environment.

In exceptional cases, after taking into account the location of the development and its scale the Council may require a management scheme to be prepared covering the construction and operational phases of the scheme.

Justification: Tourism is important to the economy of Dumfries and Galloway, providing employment, widening the economic base and supporting local services and facilities. The benefits provided by tourism can be increased by encouraging development which increases the length of the tourist season, attracts new visitors or retains visitors for longer, generates additional expenditure or improves the variety and quality of the tourist product. Potential opportunities to achieve this are highlighted in the adjoining list.

Tourism depends upon the quality and variety of Dumfries and Galloway's natural and built environment. Tourist development can have a local impact on the environment and also increase visitor pressure in an area. The protection of the environment from intrusive developments which may threaten landscape, wildlife or other heritage interests is important to residents and tourists. Sensitively sited developments which help to support local communities, and do not have an adverse impact on the natural features of Dumfries and Galloway, the local transport network or infrastructure services will be encouraged. In some cases a management scheme may be required due to the size of the development, its

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location and potential impact on the local area, in terms of services, access and natural and built heritage.

Policy E8: Development in Conservation Areas Development proposals and scheme should enhance the special character and appearance of Conservation Areas.

Policy E9: Listed Buildings The retention and preservation of listed buildings will be supported and the reuse and renovation of vacant or derelict listed buildings will be encouraged where possible.

Development proposals which would destroy or adversely affect the character, appearance, or setting of a listed building will be resisted. Demolition will only be considered where all options for the building, including marketing have been fully explored and demonstrated not to be feasible.

Justification: Buildings are listed where they have “special architectural or historic interest”. Listed Building Consent is required when altering or extending a listed building in any manner which would affect its character as a building of special architectural or historic interest. Listed buildings are a finite resource which contribute positively to the amenity of the area, helping to define its unique character, and providing an insight into the historical development of Dumfries and Galloway. The Council supports retention and preservation, renovation and reuse of listed buildings through the Caring for the Built Environment campaign.

Listed buildings, however, cannot just be “preserved” and change over time is inevitable. New uses have to be considered or these buildings will fall into disrepair and ultimately be lost. The manner in which buildings are modified to meet modern demands must be appropriate for the particular building. The Council may deal sympathetically with proposals requiring Building Standards relaxation to protect the character of a listed building, where this would not comprise the safe use or architectural merits of the building.

Policy S I 7: Harbour Development Development proposals which support the use of harbours, particularly those with a potential commercial function, will be encouraged. The Council may support proposals to improve harbours where this would develop tourism or increase or attract commercial shipping to a harbour.

WIGTOWN LOCAL PLAN (JULY 2006)

General Policy 1 : Development Principle There will be a general presumption against development which would give rise to a material degree of land use conflict, which would materially detract from and / or be incompatible with the character or amenity of the locality.

General Policy 2: Development Considerations As part of the assessment of development proposals, including those on sites identified in the Plan, developers will be required to satisfy the Planning Authority with regards to their proposals in terms of all of the following where they are regarded by the planning authority to be material to the determination of the application:-

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a) access, ground conditions and stability, contamination, foul and surface water drainage and water supply; b) traffic generation onto the adjacent road network; c) flooding; (see Policy 58 on Flood Risk and Development); d) environmental impact. When assessing planning applications, the Planning Authority will take into account the provisions of any site guidance, site specifications, or development brief as set out in Section 3 of the Plan. Where further information is required, the Planning Authority may apply the provisions of Article 13 of Town and Country Planning (General Development Procedure) (Scotland) Order 1992 or Article 4(3) in respect of outline applications.

General Policy 7: Siting and Design The Council as Planning Authority will require development to :- a) have regard to the character and appearance, scale, density, massing and materials, of the building, group of buildings or adjacent area, of which it will forms a part; and b) retain and, where appropriate, enhance important physical and landscape features which contribute to the quality of the local environment having regard to the Local Biodiversity Action Plan; c) have no material adverse effect on the local landscape character, avoiding prominent ridge lines or other visually sensitive sites; and d) take into account the guidance and advice set out in the Landscape Assessment Study; and e) comply with the Supplementary Guidance on Design; and f) where appropriate, have regard to the principles of PAN 46 - “Planning for Crime Prevention” ; and g) have regard to the replacement of any trees which are unavoidably lost as a result of development; and h) have regard to the need for energy conservation and efficiency in the design, orientation and layout of the site or buildings.

General Policy 33: Tourist Facilities and Accommodation The Planning Authority will encourage the development of new tourist facilities and the improvement or expansion of existing facilities subject to all the following criteria:- a) the proposal must be of a scale, nature and design appropriate to its setting; and b) the proposal must not have a material adverse impact on townscape, landscape, nature conservation or archaeological interests; and c) the traffic generated must not have a material adverse impact upon the local road network; and d) it conforms with Structure Plan Policies D23, D24 and D25 where appropriate.

There will be a presumption against the use of tourist accommodation as permanent residences, and occupancy conditions will be imposed.

Justification: Tourist development is important within the area. However, it is also important that schemes are well sited and site services are available or can be provided.

Such development and the resulting scale of increase in visitor pressure are most likely to be acceptable if the proposal forms part of a farm diversification scheme or is located as part of an existing commercial or tourist related business. See also General Policy 21 a.

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General Policy 47: Developed Coast Areas of developed coast have been identified on the Proposals Map. Within these areas development proposals will be required to demonstrate that they:- a) require a coastal location; or b) would result in the regeneration of derelict land; and c) would not have a material adverse effect on the integrity of the coast or its environs; and d) would not be at risk from erosion or flooding or increase the likelihood of erosion or flooding elsewhere.

Justification: Structure Plan Policy E7 requires the Local Plan to identify areas of developed coast in the Proposals Map. These areas are likely to be less sensitive to development than the undeveloped coast. NPPG 13-“Coastal Planning” highlights the need to encourage redevelopment of redundant land along the coast but only where this would not have a negative impact on the coastal environment. In assessing proposals, consideration will be given to the relevant sections of the Solway Firth Strategy, Landscape Assessment, Local Biodiversity Action Plan and Shoreline Management Plan.

The integrity of the coastal environment depends on the coherence of and interaction between the land, the inter-tidal zone and the sea and the habitats and species which are dependent on these. This policy will apply in addition to all other relevant policies.

General Policy 50: Conservation Areas The Planning Authority will preserve or enhance the character and appearance of the Conservation Areas shown on the Inset Maps by:- a) only permitting the demolition of unlisted buildings where it can be shown this would not detract from the character and appearance of the Conservation Area and where it can be shown that any redevelopment of the site would preserve or enhance the character of the area; and b) ensuring that new development preserves or enhances the character, appearance or setting of the Conservation Area through the appropriate design, use of materials, detailing and general massing and arrangement of any new proposal; and c) protecting trees which contribute significantly to the character of the area. d) requiring all development to comply with the criteria set out in Supplementary Guidance on Design.

In all cases the Planning Authority will assess proposals against Historic Scotland’s “Memorandum of Guidance on Listed Buildings and Conservation Areas”, published in 1998, and the Council’s publication “Caring for the Built Environment”.

Justification: The designation of a Conservation Area recognises the “special architectural or historic interest” of an area and highlights the need to preserve or enhance its character or appearance. The Local Plan provides direction on how this may be achieved. This policy acknowledges that Conservation Areas are not static and need to be allowed to develop and change over time. It therefore sets out the general principles to be applied when considering proposals that involve change. Within Conservation Areas there will be a presumption in favour of retaining traditional buildings and the spaces between them that contribute to the character and appearance of the area, seeking their reuse and if necessary’ their adaptation to accommodate new uses.

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Development that would result in gaps being created in built-up frontages will not be accepted without detailed proposals for replacement buildings.

General Policy 51 : Listed Buildings In considering proposals affecting listed buildings the Planning Authority will ensure that:- a) all reasonable options for the re-use and refurbishment of listed buildings have been exhaustively pursued before consideration is given to the grant of listed building consent to demolish; and b) proposals to extend or alter a listed building respect the appearance, character or architectural features which contribute to its listing and do not seek to overwhelm or otherwise damage its original character and appearance; and c) proposals for a change of use would not result in loss of character or special architectural or historical features; and d) proposals for development will not be permitted if they would harm the setting of a listed building. In all cases the Planning Authority will assess proposals against Historic Scotland’s “Memorandum of Guidance on Listed Buildings and Conservation Areas”, published in 1998, and the Council’s publication “Caring For The Built Environment”.

Justification: Listed Buildings are part of an important, finite asset that needs to be safeguarded for present and future generations. To permit their demolition not only degrades the area’s historic interest but also wastes a valuable resource that could be reused and/or mai n tained .

Similarly unsympathetic alterations can damage the character of a building and lead to further erosion of the quality of the built environment. Works within the curtilage or in the general vicinity of a listed building can also have a considerable impact on the building itself or its setting. Listed buildings do change over time and cannot simply be preserved. However it is important to consider any changes carefully to ensure that the value of the built heritage is not lessened.

The Planning Authority will aim to identify the best viable use of redundant listed buildings that is compatible with the fabric, setting and character of the historic built environment.

Conservation and sustainable economic development are complementary objectives. The proper guardianship of the built heritage and the promotion of the efficient use and reuse of listed buildings will be promoted as part of the Council’s aim of encouraging sustainable economic development. Consideration will be given to the Scottish Civic Trust’s Buildings at Risk Register.

General Policy 74: Protection of Established Harbours and Slipways The Council will safeguard the harbour areas shown on the Inset Maps from development which would preclude public access to, or have a material adverse effect on, the established use of the facility or its potential to expand.

Justification: The Plan area’ contains a range of harbours which give access to inland and coastal waters. These may be important for either commercial or recreational uses which contribute to the vitality of the area. It is important to safeguard established harbour areas from development which might result in the loss of employment generation or recreational potential.

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?ORTPATRICK Nigtown Local Plan

(EY - Policy Boundary

5ENERAL POLICIES &PROPOSALS 7nwms @ Settlement Policy Boundaty a MixedUw Areas

Areasof Local Environmental Importance

~ 50 I Consewation Area (Ovtstanding) I I 0 9 1

A Known Archaeological Sites @ 01 Protection of Establihed Harbours and Slipways

Safeguarding at Land for Community Faciiitier

Protection of Sports Faciliiier and Playing Fields

Safeguarding Amenity Open space and Play Areas 79 I

C O M M U N I N POLICIES & PROPOSALS

Housing Policy

Proposal

Note: The General Policies [Section 5) apply. as appropriate. throughout the Pian area

3 i.