DEVELOPMENT AND ENVIRONMENT SERVICES Local Member - Cllr MacIntyre PLANNING APPLICATION REPORT Date of Validity - 7.2.02 , LORN AND THE ISLES Committee Date - 8.5.02

15.4.02

Reference Number: 02/00246/DET Applicants Name: Mr and Mrs M McSweeney Application Type: Detailed Planning Application Application Description: Erection of Dwellinghouse Location: Land Adjacent to Balvicar Boatyard, Balvicar, Isle of

(A ) THE APPLICATION

Development Requiring Express Planning Permission.

• Erection of house • Installation of septic tank

Other specified operations

• Connection to existing private water supply • Formation of vehicular access from existing private way.

(B ) RECOMMENDATION

This proposal is recommended for refusal.

(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

There are 5 principal determining issues in relation to this proposal. These are conformity to policies HO 22 and RRA 2, conformity to policies RUR 1, RUR 2, SAS 1, STRAT 2 and STRAT 2A, Vehicular Access, Amenity and Design.

Policies HO 22 and RRA 2

The site lies within an area designated by the Lorn Local Plan as a Sensitive Settlement. Within such areas policy HO 22 states that there will be a presumption against housing development except when it is located within the areas designated in the inset maps within the Lorn Local Plan, unless an overriding locational / operational need is demonstrated. No such Locational /Operational Need claim has been made. The application has been made by the owners of the adjacent boatyard who currently reside in a house directly to the south of the boatyard. Accordingly this proposal is considered to be contrary to policy HO 22 and RRA 2 of the Strathclyde Structure Plan.

Policies RUR 1, RUR 2, SAS 1, STRAT 2 and STRAT 2A

The application site also lies within an area designated as the Knapdale / Melfort Regional Scenic Area and so the environmental impact of the proposal requires to be assessed. In this respect, the site is located on a slight peninsular of ground extending into Balvicar Bay. It is positioned between an existing house to the west and the boatyard to the east. The siting of a house in this location is considered infill of the existing built form, which does not have a detrimental environmental impact. As such this proposal is not to be contrary to policies RUR 1 and RUR 2 of the Lorn Local Plan and policies SAS 1, STRAT 2 and STRAT 2A of the Strathclyde Structure Plan

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Vehicular Access

The site is accessed from a private track which currently serves 14 (with an additional house granted but not yet erected) houses, the boatyard and the pier. Policy TA5 allows an existing private way to be used or extended to serve up to 2 new dwelling houses provided that the total number of dwellings served by the private way does not exceed 10. Therefore this proposal is contrary to this policy. Amenity It is considered that the proximity of the proposed house to the existing boatyard, coupled with the lack of any natural shielding which would provide a barrier to noise emanating from the boatyard, is likely to result in complaints relating to noise nuisance from the occupiers of any house erected on the application site. It is therefore likely that the proposed house would have substandard amenity on the basis of noise nuisance. In addition, complaints from the occupiers of the proposed house could result in constraints being placed on the operation of the boatyard by Public Protection, which could effect the viability of the business. On this basis this proposal is considered to be unacceptable. Design

The design of the proposed house is considered to be suburban in terms of the fenestration and the proposed red roof tiles. Such a design of house is considered to be detrimental to the visual amenity of the townscape character of the village of Balvicar and the Knapdale / Melfort Regional Scenic Area.

Other issues

The structural stability of the site has been brought into question. Given the fundamental concerns relating to environmental impact and vehicular access this issue has not been raised with the applicant.

Public Protection have requested further details of the private water supply. Given the fundamental concerns relating to environmental impact and vehicular access this issue has not been raised with the applicant.

The representation received raises issues relating to compliance with planning policy, amenity / noise and disturbance, structural stability of the site and environmental impact. These issues have been addressed above.

(D ) CONCLUSION

The proposed site is considered to be contrary to policies HO 22 of the Lorn Local Plan and RRA 2 of the Strathclyde Structure Plan as the site does not lie within an area designated in the inset maps within the Lorn Local Plan, and no overriding locational / operational need has been demonstrated.

The design of the proposed house is considered to be suburban and detrimental to the visual amenity of the townscape character of the village of Balvicar and the Knapdale / Melfort Regional Scenic Area.

The proposed access to the site utilises an existing private way which currently serves 14 houses and so is contrary to policy TA5 of the Council’s Informal Policies.

The proposed house is located adjacent to an existing boatyard and as such is likely to be subject to significant noise pollution, which would have an unacceptable impact upon the amenity of the house or detrimental effect upon the operation of the existing boatyard business.

Angus J Gilmour Head of Development and Building Control

Author: Adrian Jackson-Stark Jackson-Stark 01631 567955

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REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/00246/DET

1. The application site is located within the Balvicar Inset Map wherein Policy POL HO 22 of the Adopted Lorn Local Plan 2nd Alteration states that there will be a presumption against housing development except when it is located within the designated areas detailed on the inset map unless an overriding . locational/operational need is demonstrated. The site is located outwith the designated areas on the inset maps and no overriding locational / operational need that makes it essential to have a house in this location has been demonstrated by the applicant. Therefore, this proposal is contrary to policy HO 22.

2. The application site is located within an area where the Adopted Lorn Local Plan 2nd Alteration has established, by virtue of policy HO 22, that the general presumption in favour of single and small residential development in the countryside should not apply. As such the proposal is contrary to Approved Strathclyde Structure Plan 1995 policy RRA 2 which states that the general presumption in favour of single and small scale residential development in the countryside should not apply in areas where Local Plans have established that such a presumption should not apply.

3. Due to its suburban design in terms of fenestration detail and red roof finish, the proposed house is considered to have an adverse visual impact to the detriment of the townscape character of the village of Balvicar and this part of the Knapdale / Melfort Regional Scenic Area.

4. The proposed access to the site utilises an existing private way which currently serves 14 houses and so is contrary to policy TA5 of the Council’s Informal Interim Development Control Policy Relating to Roads and Private Ways in which permits no further residential development taking veicular access from a private way which serves 10 or more existing houses.

5. The proposed house is located adjacent to an existing boatyard and as such is likely to be subject to significant noise pollution, which would have an unacceptable impact upon the amenity of the house or detrimental effect upon the operation of the existing boatyard business.

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APPENDIX RELATIVE TO 02/00246/DET

A. POLICY OVERVIEW

In terms of Section 25 of the Act the following Development Plan Policies are applicable:

Strathclyde Structure Plan

STRAT 2 The Regional Development Strategy requires a sustainable approach to the conservation and use of natural and heritage resources that cannot be readily regenerated or reproduced, and there shall therefore be a presumption against development which has an adverse impact on them.

STRAT 2A Proposal for development in, or affecting, natural or heritage resources that cannot be readily regenerated or reproduced shall require to be justified against the following criteria: (a) Economic Benefit (b) Infrastructure Implications (c) Specific Locational/operational need (d) Environmental Impact

SAS 1 In accordance with Policy STRAT 2, there shall be a general presumption against proposals for prominent or sporadic development which would have an adverse impact on the landscape quality or character of National Scenic Areas or the following areas or coasts of regional scenic significance.

Regional Scenic Areas Central, South and West Mull, Jura, South and East , Knapdale/Melfort, Mull of Kintyre, North Argyll, Loch Lomond and Kilpatrick Hills, Bute and South Cowal.

Regional Scenic Coasts North West Argyll, North and West Islay, South West Islay, West Kintyre, East Kintyre, East Loch Fyne, West Loch Fyne and the Inner Clyde Estuary (including Loch Long and Goil, Holy Loch and Gareloch).

RRA 2 Within the Remote Rural Area the following settlement strategy is appropriate

(a) presumption that development proposals serving a wide community of interests shall be located in the main settlements listed in Schedule 3. (b) A presumption that local development requirements shall be located in the settlements listed in Schedule 3. (c) An acceptance that development with a specific locational need shall be permitted in the countryside (for example, the primary industries of forestry, agriculture and fisheries). (d) A recognition that there shall be a presumption in favour of single or small scale residential development in the countryside except :

1. Where there would be unreasonable infrastructure costs not carried by the developer, or 2. Where there would be an adverse impact on natural or heritage resources requiring conservation, or 3. in areas where Local Plans have established that such a presumption should not apply.

Lorn Local Plan

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RUR 1 The Council will seek to maintain and where possible enhance the landscape quality of National and Regional Scenic Areas and coasts and areas of local landscape significance and within these areas will resist prominent or sporadic development which would have an adverse environmental impact:

(a) National Scenic Area : (I)Lynn of Lorn; (ii) Ben Nevis and Glencoe (b) Regional Scenic Areas : (I) Knapdale/Melfort; (ii) North Argyll (c) Regional Scenic Coasts : North West Argyll (d) Areas of local landscape significance : (I) Loch Etive/Benderloch Coast; (ii) Loch Awe; (iii) Loch Nell; (iv) Glen Lonan; (v) Loch Avich; (vi) Glen Gallain/Loch Scammadale.

RUR 2 Proposals for development in or affecting National Scenic Areas, Regional Scenic Areas and Coasts or areas of local landscape significance will require to be justified against the following criteria

(a) economic benefit (b) infrastructure implications (c) specific locational/operational need (d) environmental impact

HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.

Appin/Tynribbie/Portnacroish, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, /, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.

The Council has accordingly restricted new housing development to areas identified on the inset maps. It will not grant approval for a house on greenfield sites outwith these areas other than in exceptional circumstances. Applicants will be required to demonstrate an overriding locational or operational need that makes it essential for them to have a house outwith rather than within the areas identified.

Where such need has been demonstrated, special attention will be given to ensure that the actual location of the house creates the minimum adverse environmental impact. Regard will also be had to the principles set out in the Government’s Planning Advice Note 36 when assessing all proposals within sensitive settlements.

Informal Council Policy

Roads and TA 5 Private This allows an existing private way to be used or extended to serve up to 2 new Ways dwelling houses provided that the total number of dwellings served by the private way does not exceed 10.

TA 8 Indicates the construction standards expected of private ways, taking into account the requirement for use by emergency and service vehicles for a safe connection to the road network.

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Government Advice/Guidance

PAN 36 Siting and Design of New Housing in the Countryside

The principle objectives are to encourage a more sympathetic approach to siting and a more widespread adoption of house design which pays greater regard to variations in landscape and building design within .

The principle on which the policy on housing in the countryside is based are:-

• Development should be encouraged on suitable sites in existing settlements. • Urban sprawl, the coalescence of settlements and ribbon development should be avoided. • Isolated development should discourages in the open countryside except where provision is made in development plans or there are special needs.

(B) OTHER MATERIAL CONSIDERATIONS

(i.) Site History

HISTORY OF BALVICAR BOATYARD & IMMEDIATE SURROUNDING AREA

00/01752/OUT Erection of dwelling house – renewal of 01/91/0792 Granted: 22/06/01 Balvicar Boatyard (Mr M. McSweeney) 99/00858/DET Phased erection of boat workshop and store and office Granted: 08/10/99 Balvicar Boatyard (Mr M. McSweeney) 97/01220/DET Erection of rubb shed and construction of banking Granted: 27/11/97 Balvicar Boatyard (Mr M. McSweeney) 97/01221/DET Erection of shed Granted: 05/11/97 Land West of Am Bruach (Mr J. MacFarlane) 97/01804/COU Renewal of temporary consent (office, canteen, toilet building) Granted: 04/02/98 Balvicar Boatyard (Mr M. McSweeney) 97/00437/VARCON Amendment of conditions numbered 3,4,5,6,7 & 8 of consent 701/82 Granted: 22/07/97 Balvicar Boatyard (Mr M. McSweeney) 01/95/0775 Relocation of temporary office/toilet/restroom Granted: 23/10/95 Balvicar Boatyard (Mr M. McSweeney) 01/95/0766 Construction of breakwater Granted: 23/10/95 Balvicar Boatyard (Mr M. McSweeney) 95/00140/DET Erection of double garage Granted: 21/03/95 Am Bruach (Mr Geoghegan) 94/00322/DET Erection of temporary workshop Granted: 16/06/94 Balvicar Boatyard (Mr M. McSweeney) 93/00348/DET Erection of garage/store Granted: 09/06/93 Barchailein (Mr J. Robertson)

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92/00295/REM Erection of 10 dwelling houses, associated drainage and road Granted: 26/08/92 Balvicar (Mr D. MacKenzie) 91/00792/OUT Site for erection of dwelling house Granted: 27/11/91 Balvicar Boatyard (Mr M. McSweeney) 90/01030/DET Erection of dwelling house Granted: 08/01/91 Balvicar Boatyard (Mr M. McSweeney) 90/00184/DET Erection of dwelling house Granted: 27/06/90 Balvicar (Mr McSweeney) 88/00641/OUT Site for erection of dwelling house Granted: 09/05/89 Balvicar (Mr J. Robertson) 700/82 Erection of an office/toilet block Granted: 09/02/83 Balvicar Boatyard (Fairhurst & Raymond Ltd) 826/78 Change of use of tip to the use of laying up site to be co-ordinated Granted: 16/08/79 with the adjacent Balvicar Pier and slipway for a maximum of 25 commercial and private craft of up to 39ft Balvicar Bay (Nicholas Paul Fairhurst for Seil Marine Fabrications)

(ii) Consultations

Response Date Comment Area Roads Engineer 4.3.02 & 10.4.02 Refuse Scottish Environmental Protection Agency 4.3.02 No objections Public Protection Unit 18.3.02 Refuse

(iii) Publicity and Representations

Advert Type : Potential Departure to Policies RUR 1, RUR 2 and HO 22 of the Lorn Local Plan and policies SAS 1, STRAT 2, STRAT 2A and RRA 2 of the Strathclyde Structure Plan Advert Closing Date: 21.3.02

Representations : Yes

Name Address Letter date Mr J Robertson Barchailein, Balvicar 20.3.02

Summary of points raised:

• The proposed house would be detrimental to the visual amenity of the village. Response : agreed – the fenestration and roof finish of the proposed house is considered to be detrimental to the visual amenity of the townscape character of the village of Balvicar. • The proposed house lies within a buffer between the boatyard and the village and as such is contrary to the Lorn Local Plan. Response : agreed – the site lies outwith the designatated areas defined by policy HO 22.. • Due to proximity of the two, there will be conflict between the boatyard and the proposed house. Response : agreed – the proposed house is likely to suffer from noise nuisance to the detriment of its amenity. Complaints relating to such noise nuisance couls lead to operational problems for the boatyard which could effect the viability of the business.. • The stability of the site is questionable as it is made up of loose slate waste, which has been undermined by the weather. Response : Given the fundamental concerns relating to environmental impact and vehicular access this issue has not been raised with the applicant.

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