5 December 2007 BUTE and COWAL AREA COMMITTEE Committee Date - 4 March 2007 ______

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DEVELOPMENT SERVICES Ward Number - 6 Cowal PLANNING APPLICATION REPORT Date of Validity - 5 December 2007 BUTE AND COWAL AREA COMMITTEE Committee Date - 4 March 2007 ______

Reference No: 07/02336/OUT Applicant: Angus Campbell Proposal: Erection of dwellinghouse, formation of vehicular access and installation of septic tank Site Address: Land North of Aldersyde, Tighnabruaich ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of dwellinghouse, • formation of vehicular access • installation of septic tank

(ii) Other specified operations.

• Connection to public water supply ______

(B) RECOMMENDATION

That planning permission be granted as a departure from the development plan subject to the conditions and reasons and notes to applicant detailed below.

______

(i) Development Plan Context:

At this location, the adopted Cowal Local Plan (Policy POL HO 8) encourages development of infill and redevelopment sites, including rounding off, for private housing providing there are no servicing or environmental constraints. Policy POL RUR 1 seeks to maintain and enhance landscape quality of the National Scenic Area. However, Policy HO 12a discourages further development on this ‘back road’ without junction and/or carriageway improvements. The proposal is therefore contrary to the provisions of Policy POL HO 8 and 12a of the Cowal Local Plan. However, the site is within the defined Settlement Zone in the Argyll & Bute Local Plan and consistent with Policies LP HOU 1, LP ENV 9 and LP ENV 19.

(ii) Representations:

One letter of objection has been received on grounds related to the adequacy of the unadopted road

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

Although the proposal is considered to be a departure from the development plan, since only one objection has been received to this application, a hearing is not recommended.

(iv) Reasoned Justification for a Departure from the Provisions of the Development Plan.

The proposal is contrary to Policy POL HO 1 and POL RUR 1 of the Cowal Local Plan 1993. However, this Plan is now out of date and the site lies within the Settlement Zone of Tighnabruaich as shown in the Argyll and Bute Modified Finalised Draft Local Plan 2006.

(v) Is the Proposal a Schedule 1 or 2 EIA development:

(vi) Does the Council have an interest in the site:

(vii) Need and Reason for Notification to Scottish Ministers.

None

(viii) Has a sustainability Checklist Been Submitted:

Angus J Gilmour Head of Planning 25 March 2008

Author: David Eaglesham Date: 12 March 2008 Reviewing Officer: Neil MacKay 01546 604172 Date: 25 March 2008

NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll-bute.gov.uk

CONDITIONS AND REASONS RELATIVE TO APPLICATION: 07/02336/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and the further approval of Argyll and Bute Council or of the Scottish Government on appeal shall be required with respect to the undermentioned reserved matters before any development is commenced:

(a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

2 In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

3 That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.

4. Any details pursuant to Condition 1(a) shall show a house of local traditional vernacular design and finish and shall incorporate the following elements:

(i) The house shall be single or one and a half storey in height; (ii) The window openings shall have a strong vertical emphasis; (iii) The walls shall be finished in a white wet dash render/smooth cement render; and (iii) The overall architectural style of the building shall be:- (a) a generally rectangular shape and gable ended; (b) a roof-pitch of between 35 and 42 degrees; (c) a roof finish of natural slate or good quality slate substitute tile; and (d) pitched roofed dormers and, if required, a pitched roof porch on the principal public elevation.

Reason: In the interests of visual amenity in order that the dwelling house hereby approved integrates into the landscape.

5. The dwelling shall not be occupied until three passing places have been provided on the adjacent unadopted road at the following locations: i. At the southern end of the site frontage ii. At the indicative position of the proposed access to the site and iii. To the southwest of the application site all in accordance with details to be submitted to and approved by the planning authority

Reason: In the interests of road safety.

6. Any details pursuant to Condition 1(c) shall show parking and turning provision for vehicles within the site commensurate with the size of the dwellinghouse that will occupy the site.

Reason: In the interests of road safety in order to provide adequate parking provision within the site in accordance with Appendix C of the Argyll & Bute Local Plan.

INFORMATIVE RELATIVE TO APPLICATION: 07/02336/OUT

The planning authority should be further consulted on the detailed design of the building, including the intended materials, and the landscaping of the site prior to the submission of an application for approval of reserved matters.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 07/02336/OUT

MATERIAL CONSIDERATIONS AND ADVICE

(i) POLICY OVERVIEW AND MATERIAL ADVICE

Argyll and Bute Structure Plan 2002: STRAT DC 1 ‘Development within Settlement’ supports the principle of up to ‘medium scale’ development with the settlement of Tighnabruaich. STRAT HO1 – Housing – Development Control Policy c) Outwith formally allocated housing sites, appropriate forms and scales of housing infill, rounding-off, redevelopment is encouraged within the settlements and the countryside where it is consistent with STRAT DC1-10. The above policies are developed further in the Argyll and Bute Local Plan (Modified Finalised Draft) 2006. Cowal Local Plan adopted 1995

Policy HO 5 ‘Private Housing Development’ is applicable where the Council will not grant additional planning consents for the development of Greenfield sites for private houses POL HO 8 encourages development of infill, rounding off and redevelopment in Tighnabruaich providing there are no servicing or environmental constraints. POL HO 12(A) requires junction and/or carriageway improvement to support new development

POL RUR 1 seeks to maintain and enhance the landscape quality of National Scenic Areas

Argyll and Bute Local Plan (Modified Finalised Draft) 2006

LP HOU 1 supports housing development at this location (part of an identified settlement zone) unless there is an unacceptable environmental, servicing or access impact and subject to consistency with other Local Plan policies.

Policy LP ENV 19 ‘Development Setting, Layout & Design’ sets out the requirements in respect of development setting, layout and design in association with Appendix A of the Plan. Policy LP TRAN 4 ‘New and Existing, Public Roads and Private Access Regimes’ sets out requirements for development in respect of private access regimes. Policy LP SERV 1 ‘Private Sewage Treatment Plants and Wastewater Systems’ requires connection to the public sewer unless connection is not feasible for technical or economic reasons.

Note (i): The applicable elements of the above Policies have not been objected to or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

SCOTTISH PLANNING POLICY: SPP 3: Planning for Housing SPP 15: Planning for Rural Development This advice is substantially incorporated in the Council’s adopted and emerging Development Plan policies.

(ii) SITE HISTORY

None

(iii) CONSULTATIONS

Roads Manager 5.3.08 No objection subject to conditions including the provision of 3 passing places

Scottish Water 20.12.2007 no objection

Scottish Environmental 13.02.08 & SEPA is prepared to withdraw its previous objection to Protection Agency 13.03.08 the drainage arrangements, subject to the secondary treatment system having a length of partial soakaway prior to discharging to the burn .

(iv) PUBLICITY AND REPRESENTATIONS

The application has been subject to neighbour notification and advertised as a potential departure to Policy RUR 1 of the Cowal Local Plan (closing date 11 January 2008). Ian Boag Nilgiri Rhubaan Tighnabruaich has objected on the grounds of substandard vehicular access.

Comment: While the approach to the site is undeniably steep, the applicant is prepared to provide additional passing places on the ‘back road’ which will assist vehicle movements

(v) APPLICANT’S SUPPORTING INFORMATION

The applicant’s agent has submitted a Site Appraisal which summarises the planning policy context. The application was also accompanied by letters from the applicant and prospective developer of the plot, claiming that the latter grew up locally and wishes to return to the village as a key worker.

APPENDIX B – RELATIVE TO APPLICATION NUMBER: 07/02336/OUT

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

This application is located on the outskirts of the small town/village of Tighnabruaich. At this location, the adopted Cowal Local Plan (Policy POL HO 8) encourages development of infill and redevelopment sites, including rounding off, for private housing providing there are no servicing or environmental constraints. Policy POL RUR 1 seeks to maintain and enhance landscape quality of the National Scenic Area. However, Policy HO 12a discourages further development on this ‘back road’ without junction and/or carriageway improvements. The proposal is therefore contrary to the provisions of Policy POL HO 8 and 12a of the Cowal Local Plan. Within the Finalised Argyll and Bute Local Plan, the site falls within the defined Tighnabruaich ‘Settlement Zone’. The emerging Local Plan (Policy LP HOU 1) proposes a presumption in favour of housing of this scale, subject to acceptable environmental, servicing or access impact and subject to consistency with other Local Plan policies. Potential constraints are discussed below. Although the site is elevated and potentially prominent, this is consistent with the pattern of development in Tighnabruaich where there are many houses on elevated plots served by back roads. Although the proposal conflicts with the Cowal Local Plan, it accords with Policy LP HOU 1 of the Argyll & Bute Local Plan.

B. Location, Nature and Design of Proposed Development

This application relates to a 0.26 hectare site, located on northern edge of Tighnabruaich, served by an unadopted ‘back road’ The application site is generally downward sloping from northwest to souththeast and consists of rough grazing ground and bracken. This application is for outline planning permission for the erection of a single dwellinghouse. An indicative layout shows a dwelling with detached garage and a septic tank with soakaway. The position of the dwelling generally conforms with the pattern of development in the higher tiers of the village. Subject to consideration of detailed design at reserved matters stage, the proposal accords with Policy LP ENV 19 of the Argyll & Bute Local Plan.

C. Natural Environment

The site lies within the Kyles of Bute National Scenic Area. Although the proposal would represent a small extension of Tighnabruaich into open countryside, the site itself is on a more gently sloping plateau within the countryside fringe. Subject to consideration of a detailed design, a single building need not have an unacceptably detrimental impact on the character of the wider landscape.

The proposal therefore accords with Policy LP ENV 9 of the Argyll & Bute Local Plan.

D. Landscape Character

In the Landscape Assessment of Argyll & the Firth of Clyde, this area falls within Category 1: Steep Ridgeland & Mountains.

E. Road Network, Parking and Associated Transport Matters.

The proposal takes access from an unadopted back road, which, although recently resurfaced, is single track and very steep for a distance of 150m from the public road. However, the Roads Manager has accepted that the proposal can be accepted if commensurate improvements are carried out by the provision of 3 passing places on land within the application siteand adjacent land in the applicant’s control. The proposal therefore complies with Policy LP TRAN 4 of the Argyll & Bute Local Plan.

F. Infrastructure

Foul drainage will be to a single septic tank with soakaway. Scottish Water has confirmed that there are no known public sewers in the vicinity of this development. On this basis SEPA has withdrawn its holding objection to a private treatment facility. Water will be provided from the public water main. The proposal is consistent with the provisions of Policies LP SERV 1 and 4 of the Argyll & Bute Local Plan.

CONCLUSION.

While the proposal is contrary to the Cowal Local Plan, it accords with the emerging Argyll & Bute Local Plan and there are no servicing or infrastructure difficulties that can not be addressed by condition.