Agenda Item No 3/7
REGULATORY PANEL:
18/01127/APP FERNWELL A77T LENDALFOOT - MAIN STREET BALLANTRAE NORTH OF BALLANTRAE BALLANTRAE SOUTH AYRSHIRE KA26 0JJ
REPORT BY PLACE DIRECTORATE
Location Plan
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Summary
Planning permission is sought for the part change of use of residential land and the erection of an agricultural shed which is to be utilised as a general purpose sheep shed. The proposed shed has dimensions of 24.4 metres (length) x 9.15 metres (depth) x 4.495 metres (height) and is to be finished in reinforced cement sheet roofing (grey), steel cladding in juniper green and precast concrete wall panels. The applicant has submitted a plan which highlights the area of land which is farmed and this is located approximately 3.7km to the north east of the application site.
The application is being reported to the Regulatory Panel as more than 5 letters of objection have been received. The objections are principally on the grounds of overdevelopment of the plot, road safety, security/welfare concerns, the proposed building being out of keeping with the area, private access and water supply issues, adverse impact on SSSI/natural spring and non-neighbour notification. The application site is located within a rural area where agricultural sheds are commonplace. It is considered that concerns raised in the objections are insufficient to warrant refusal of the proposal, and, subject to conditions, it is considered that the development accords with the policies of the South Ayrshire Local Development Plan. Accordingly, the application is recommended for approval.
2.
REPORT BY PLACE DIRECTORATE
REGULATORY PANEL:
SUBJECT: PLANNING APPLICATION REPORT
APPLICATION REF: 18/01127/APP
SITE ADDRESS: FERNWELL A77T LENDALFOOT - MAIN STREET BALLANTRAE NORTH OF BALLANTRAE BALLANTRAE SOUTH AYRSHIRE KA26 0JJ
DESCRIPTION: PART CHANGE OF USE OF RESIDENTIAL LAND AND ERECTION OF AGRICULTURAL SHED
RECOMMENDATION: APPROVAL WITH CONDITIONS
APPLICATION REPORT
This report fulfils the requirements of Regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013. The application is considered in accordance with the Council’s Scheme of Delegation as well as the Procedures for the Handling of Planning Applications.
1. Proposal:
The application site relates to a detached bungalow and associated garden ground at Fernwell, which is located approximately 5km to the north east of the settlement of Ballantrae. The site is in an elevated position within the landscape, with the proposed agricultural shed located within the front garden of the residential dwellinghouse. However, the nature of the siting of the dwellinghouse results in the garden ground of the dwelling essentially functioning as the rear garden as the principal elevation of the property enjoys uninterrupted views out to sea. The site is accessed via a private access road from the A77 trunk road which bounds the site to the south with farmland beyond and by a Site of Special Scientific Interest on all other sides.
Although the proposed agricultural shed is located within the curtilage of the residential property, the applicant has submitted a plan (Ref: 2018-58-03) which illustrates the extent of land which is farmed by him and is located approximately 3.7km to the north east of the application site.
Planning permission is sought for a part change of use of residential land and for the erection of an agricultural shed which is to be utilised as a general purpose sheep shed. The proposed shed has dimensions 24.4 metres (length) x 9.15 metres (depth) x 4.495 metres (height) and is to be finished in reinforced cement sheet roofing (grey), steel cladding in juniper green and precast concrete wall panels.
3. The applicant has submitted a supporting statement which states that he currently farms approximately 120 sheep on 60 acres of rented farmland from neighbouring farms and currently operates from a rented shed on a neighbouring farm near Lendalfoot. The applicant has been notified that the shed will no longer be available at the end of 2018 and states that no other farm buildings in the area are available to rent. It is stated that the shed has been sited to give minimal visual impact to neighbouring properties and the A77 and that it will be used at certain times of the year to keep sheep feed and bedding and at other times as a maternity unit to house sheep at lambing time.
2. Consultations:
Scottish Natural Heritage - offer no objection.
Transport Scotland (Trunk Roads) - offer no objection.
Ayrshire Roads Alliance - offer no objection.
Scottish Environment Protection Agency - offer no objection.
3. Submitted Assessments/Reports:
In assessing and reporting on a planning application the Council is required to provide details of any report or assessment submitted as set out in Regulation 16, Schedule 2, para 4(c) (i) to (iv) of the Development Management Regulations.
None.
4. S75 Obligations:
In assessing and reporting on a planning application the Council is required to provide a summary of the terms of any planning obligation entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of planning permission for the proposed development.
None.
5. Scottish Ministers Directions:
In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.
None.
6. Representations:
13 representations have been received, all of which object to the proposed development. In addition, it is noted that more than one objection has been received from the same individual and the same address. All representations can be viewed online at www.south-ayrshire.gov.uk/planning
The issues raised by objectors can be summarised as follows. The proposal represents overdevelopment of a residential plot. Adverse visual impact on landscape/out of keeping with residential area. Application states agricultural land, however the land is residential and a change of use has not been applied for. Road Safety concerns. Access road and water supply are private. Lack of information on drainage/adverse impact on Site of Special Scientific Interest through run off. SNH response that there is no reason to object is wrong. Cross contamination concerns relative to adjacent farm, particularly as no security measures are proposed. 4. No neighbour notification received by owner of adjacent farm. Welfare concern for sheep/water supply inadequate. The proposed development is on top of a natural spring.
These points are addressed in section 7(iv) of this report.
In accordance with the Council’s procedures for the handling of planning applications the opportunity exists for representees to make further submissions upon the issue of this Panel Report, either by addressing the Panel directly or by making a further written submission. Members can view any further written submissions in advance of the Panel meeting at www.south-ayrshire.gov.uk/planning
7. Assessment:
The material considerations in the assessment of this planning application are the provisions of the development plan, other policy considerations (including government guidance), objector concerns and the impact of the proposal on the amenity of the locality.
(i) Development Plan
Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) indicates that in making any determination under the Planning Acts, regard is to be had to the development plan; the determination shall be made in accordance with the plan unless material considerations indicate otherwise.
The following provisions of the development plan are considered relevant to the consideration of this application:
LDP Policy: Spatial Strategy – Carrick Investment Area
LDP Policy: The Coast
LDP Policy: Sustainable Development
LDP Policy: Rural Housing
LDP Policy – Landscape Quality
LDP Policy: Protecting the Landscape
The provisions of the Adopted South Ayrshire Local Plan must be read and applied as a whole, and as such, no single policy should be read in isolation. The application has been considered in this context.
The proposal under consideration is for the part change of use of residential land and the erection of an agricultural shed. The proposed shed has dimensions 24.4m (length) x 9.15m (width) x 4.495m (height) and is to be finished in reinforced cement sheet roofing, steel cladding in juniper green and precast concrete wall panels. Although the proposal will result in an agricultural shed within the garden ground of a residential property, it is considered that the principle of a part change of use is acceptable as the site is located within a rural area where the presence of agricultural sheds is commonplace. The property is served by garden ground in excess of 1500 square metres and as the proposed shed has a floor area of 223 square metres, it is considered that the footprint of the proposed agricultural shed is not excessive and it is not regarded that it will be to the detriment of the character of the rural landscape given that it would be largely screened from public view by the topography of the surrounding landscape and existing dwellinghouse.
As a dwellinghouse currently exists on the site, it is considered that the visual impact of the proposed agricultural shed will be mitigated by the existence of the dwellinghouse and thus respect the wider coastal area. However, it is considered prudent to attach a condition to any consent to ensure that the site remains as a single interconnected planning unit.
5. The closest residential property to the site is located approximately 380 metres to the north east on the other side of the A77 trunk road. Due to the rural location of the site, along with the fact that the application relates to the part change of use of residential land and the erection of an agricultural shed with non-related residential properties located a distance away, it is not considered that the proposal will result in any significant amenity issues.
It is noted that Transport Scotland and the Ayrshire Roads Alliance offer no objection to the proposed development and it is therefore considered that the proposal would not have an adverse impact on road safety.
(ii) Other Policy Considerations (including Government Guidance)
South Ayrshire Council's Supplementary Guidance on House Alterations and Extensions is a material consideration that needs to be taken into account when determining relevant planning applications. The main relevant considerations in determining this application are as follows:
Garages and outbuildings should be designed to appear ancillary to the main dwelling and sited and designed so as to perform their intended purpose.
The siting of the agricultural shed is behind what could reasonable be stated as the principal elevation of the property and, due to its largely hidden position relative to public view, is not considered to adversely impact on the visual character of the landscape. The proposed shed can be visually read as a subsidiary rural agricultural building within the curtilage of the application site, which is a substantial plot capable of absorbing the proposed development. Overall, the proposed agricultural shed is considered to be of an acceptable siting, design and appearance and is not unduly prominent in terms of its landscape setting. In seeking a part change of use; the applicant is establishing a new agricultural steading at the site of the existing dwellinghouse.
South Ayrshire Council's Guidance on Open Space and Designing New Residential Developments indicates that detached properties should be provided with rear gardens in proportion to their size. Rear gardens will be expected to be 1.5 times the size of the ground floor area of the dwellinghouse and no less than 100 square metres - this will generally include rear and side gardens enclosed by a fence/wall/hedge.
The property is serviced by a substantial amount of garden ground, which although technically within the front garden of the dwelling, reads as the rear from what could be determined as being the principal elevation facing the A77 trunk road. It is considered that the proposal accords with the provisions of the Guidance on Open Space and Designing New Residential Developments on the basis that the quantitative figures outlined above are met. Again, in seeking a part change of use; the applicant is establishing a new agricultural steading at the site of the existing dwellinghouse.
(iii) Planning History
There are no records of any recent planning applications at the site.
(iv) Objector Concerns
The concerns of objectors are considered as follows:
The proposal represents overdevelopment of a residential plot.
The property is served by garden ground in excess of 1500 square metres and as the proposed shed has a floor area of 223 square metres, it is considered that the footprint of the proposed agricultural shed is not excessive and can be accommodated within the plot. South Ayrshire Council's Guidance on Open Space and Designing New Residential Developments indicates that detached properties should be provided with rear gardens in proportion to their size. Rear gardens will be expected to be 1.5 times the size of the ground floor area of the dwellinghouse and no less than 100 square metres - this will generally include rear and side gardens enclosed by a fence/wall/hedge. The proposal is therefore considered to accord with the aforementioned guidance. The applicant is seeking a part change of use and effectively creating a new agricultural steading. It is common in such steadings for the farmhouse and its curtilage to be assumed within the collective of agricultural buildings.
6. Adverse visual impact on landscape/out of keeping with residential area.
The site is located in an elevated position above the A77 trunk road with only the principal elevation of the site publicly viewable when travelling south and is hidden behind the topography of the landscape when travelling along the A77 in a northern direction. The application site is located in a rural area with the closest residential property being located approximately 380 metres away to the north east. As such, it is not considered that the proposed agricultural shed would appear out of keeping within the landscape and that the site cannot be described as a residential area.
Application states agricultural land, however the land is residential and a change of use has not been applied for.
The applicant has completed Land Ownership Certificate A which relates to residential land. It is agreed that a partial change of use is proposed and, as such, this is reflected in the description of the development for which planning permission is sought.
Road Safety concerns.
Transport Scotland and the Ayrshire Roads Alliance offer no objection to the proposal in relation to road safety.
Access road and water supply are private.
This is a private civil matter between the parties involved and is not a material planning consideration in the assessment of this application.
Lack of information on drainage/adverse impact on Site of Special Scientific Interest through run off.
Drainage provision is a matter that Building Standards will assess within the Building Warrant process. SNH have offered no objection to the application proposal.
SNH response that there is no reason to object is wrong.
SNH indicate that the proposed development will not adversely impact upon the adjacent SSSI and this is a material consideration in the assessment of this application.
Cross contamination concerns relative to adjacent farm, particularly as no security measures are proposed.
Matters regarding farming practice and operations are regulated by other agencies. It is not for the planning process to consider farming regulations.
No neighbour notification received by owner of adjacent farm.
The Planning Authority is satisfied that they have fulfilled their statutory obligations as prescribed by the Development Management Regulations. The adjacent farm owner is nonetheless aware of the application and has submitted representation to the application.
Welfare concern for sheep/water supply inadequate.
The proposal being considered relates to the proposed part change of use of residential land and the erection of an agricultural shed. Matters regarding farming practice and operations are regulated by other agencies. It is not for the planning process to consider farming regulations.
The proposed development is on top of a natural spring.
SEPA offer no objection to the proposal. It would be a matter for the applicant to be satisfied regarding the suitability of the siting of the building in relation to such matters.
7. (v) Impact on the Locality
The proposed agricultural shed is sited within the garden ground of a residential dwellinghouse. The application site is located within a rural area and it is considered that the proposed agricultural shed is of a scale, siting and design that takes cognisance of and is appropriate relative to the existing adjacent dwellinghouse and surrounding environment. The proposed shed would largely be hidden from public view due to the position of the dwellinghouse facing the A77 trunk in an elevated position and the topography of the landscape. It is noted that SNH have offered no objection to the application in terms of its potential impact on the adjacent SSSI.
The closest residential property to the application site is located approximately 380 metres away to the north east on the other side of the A77 trunk road and it is considered that this distance ensures that the residential amenity of this property would not be compromised. Notwithstanding, the site is located within a rural location where it is reasonable to expect agricultural buildings and activity.
8. Conclusion:
Given the above assessment, it is recommended that the application is approved with condition(s).
9. Recommendation:
It is recommended that the application is approved, subject to the following condition(s).
(1) That the development hereby granted shall be implemented in accordance with the approved plan(s) as listed below and as forming part of this permission unless a variation required by a condition of the permission or a non-material variation has been agreed in writing by the Planning Authority. (2) That the existing dwellinghouse and the agricultural shed hereby granted planning permission shall remain part of the same single inter-connected planning unit. Once the shed has been constructed, neither the existing dwellinghouse nor the shed shall be sold, leased or otherwise disposed of for the use as a separate unit without the submission of a further planning application.
Reasons:
(1) To ensure that the development is carried out in accordance with the approved plans unless otherwise agreed. (2) In order to retain full planning control over the development.
List of Determined Plans:
Drawing - Reference No (or Description): 2018-58-01
Drawing - Reference No (or Description): 2018-58-02
Drawing - Reference No (or Description): 2018-58-03
Reason for Decision (where approved):
The siting and design of the development hereby approved is considered to accord with the provisions of the development plan and there is no significant adverse impact on the amenity of neighbouring land and buildings.
8. Background Papers:
1. Planning application form, plans and supporting documentation. 2. Adopted South Ayrshire Local Development Plan. 3. Representations
Equalities Impact Assessment
An Equalities Impact Assessment is not required because the proposed development is not considered to give rise to any differential impacts on those with protected characteristics.
Person to Contact:
Mr Alastair McGibbon, Planner, Development Management - Telephone 01292 616177
t:\planning admin burns house\planning admin private\regulatory panel\2019\26 february 2019\1801127app - report.doc