Argyll and Bute Council Development and Infrastructure Services

Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ______

Reference No : 09/01256/PP

Planning Hierarchy : Local Development

Applicant : Mr John MacFarlane

Proposal : Demolition of Store and Erection of 2 Semi-Detached Dwellinghouses

Site Address : 23 Balvicar, Isle of Seil ______

DECISION ROUTE

Local Government Scotland Act 1973 ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Demolition of store • Erection of 2 semi-detached dwellinghouses • Upgrade of existing vehicular access

(ii) Other specified operations

• • Connection to public water system • Connection to public drainage system ______

(B) RECOMMENDATION:

It is recommended that planning permission be granted subject to the conditions and reasons appended to this report. ______

09/01159/PP - Demolition of store and erection of 2 semi-detached dwellinghouses – withdrawn 31/08/09 ______

(D) CONSULTATIONS:

Area Roads Manager Report dated 24/02/10 (supersedes previous response dated 15/09/09) advising no objection subject to conditions.

Scottish Water Letter dated 07/09/09 advising no objection to the proposal but indicates that there are no public sewers within the vicinity of the site. However, a new public sewer has recently been constructed within this area.

Seil and Easdale Community Council Letter dated 16/09/09 advising no objection. ______

(E) PUBLICITY:

N/A ______

(F) REPRESENTATIONS:

12 letters have been received regarding the proposed development.

Ian Harper, 17 Balvicar, Isle of Seil, By Oban, PA34 4TF

C Ferguson, 20/21 Balvicar, Isle of Seil, By Oban, PA34 4TF

Richard Wesley, 1 Kilbrandon Cottages, Balvicar, By Oban, PA34 4RA

Mr McEwan, 25 Harris Gardens, Glasgow, G60 5LG

Martin Waddell, 2 Kilbrandon Cottages, Balvicar, by Oban, PA34 4RA

Mr Mrs Mackintosh, 77 Russell Road, Duntocher, Clydebank, G81 6JP

Gavin Rae, 6 Kilbrandon Cottages, Balvicar, Isle of Seil

Laura Howe, 22 Balvicar , by Oban, PA34 4TF

John A Howe, 22 Balvicar , by Oban, PA34 4TF

Myra Waddell, 9 Kilbrandon Cottages, Balvicar, by Oban, PA34 4RA

Mr Mrs M and S Robertson, Barchailein, Balvicar, By Oban, PA34 4TF

Hugh S Flockhart, 3 Meadowfield Terrace, Edinburgh EH3 7NR

(i) Summary of issues raised

• The proposed dwellinghouses are large two storey structures and are incongruous with, and will dominate, the adjacent single storey traditional

slate workers cottages. They are a full 2m higher than the immediate neighbouring properties at 20&22 Balvicar and will therefore be contrary to Policy LP ENV 19 and Appendix A.

Comment: The proposed dwellinghouses are of single storey appearance but with attic accommodation and whilst they are larger in scale than the traditional slate workers cottages which adjoin the site, it is considered that the difference in level between the site and the adjoining residential properties will ensure that the proposed dwellinghouses will not detract from the setting and character of the existing houses. Furthermore, in order to help reduce the overall impact of the dwellinghouses on the surrounding area, the applicant has agreed to reduce the existing ground level by 0.8 metres in order that the overall height of the proposed dwellings is reduced relative to surrounding cottages.

• The footprint of the dwellinghouses dominates the overall plot size and the shape of the garden ground is illogical in relation to the houses themselves.

Comment: The overall area of the application site is 722 square metres and the footprint of the dwellinghouses is 149 square metres which occupies approximately 20% of the overall site which complies with the terms of Appendix A, Sustainable Siting and Design Principles.

• The proposed car parking is contrary to Policy TA5 and the proposed parking should be designated for visitor parking with the proprietors vehicles garaged.

Comment: The Area Roads Manager was consulted on the proposal and advised no objection to the proposed parking provision.

• The proposal will overshadow the property at 20/21 Balvicar.

Comment: Given that the application site is set at a higher level than the neighbouring property at number 20/21 and there are a number of very mature trees between the application site and adjoining garden it is not considered that the proposal will cause any overshadowing. Furthermore, in order to help reduce the overall impact of the dwellinghouse on the surrounding area, the applicant has agreed to reduce the ground level by 0.8 metres.

• The proposed boat maintenance shed is within less than 30 metres of the proposed development and would be a nuisance based on noise.

Comment: The proposed boat maintenance shed is a similar distance from existing residential properties within the vicinity and a condition on the permission restricts the hours of operation in order to protect the residential amenity of the area.

• Road safety and parking issues

Comment: The Area Roads Manager was consulted on the proposal and raised no objection to the proposal.

• The vertical drop to the west of the site would be dangerous for proprietors of the property.

Comment: This is not a material consideration in the determination of this application but a matter for the applicant.

• Any boundary treatment would undermine the existing retaining wall to the west.

Comment: This is not a material planning consideration in the determination of this application. This is essentially a civil matter and good working practice but is solely a matter between the applicant, contractor and adjoining neighbours.

• The gap site between 17 and 19 Balvicar should be completed before any new building work is started.

Comment: Each planning application is considered on its own merits. The Planning Authority does not have any powers to ensure that planning permissions are implemented.

• The proposed houses are to be constructed over water pipes serving neighbouring properties and this could result in interruption to the water supply during construction.

Comment: Scottish Water was consulted on the proposed development and did not raise any issues over the position of the proposed dwellinghouses. The possible interruption to the water supply during construction is essentially a civil matter between the applicant, developer and Scottish Water.

• The proposal has the potential to damage the wall and trees at number 22 which is contrary to Policy LP ENV 7 and LP ENV 19 and the houses should therefore be moved further towards the northwest.

Comment: This is essentially a civil matter and good working practice but is solely a matter between the applicant, contractor and adjoining neighbours.

Please note that the above represents a summary of the issues raised in the letters of representation. Full copies of the letters of representation can be viewed via the Council’s Public Access System at www.argyll-bute.gov.uk . ______

(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No

(ii) An appropriate assessment under the Conservation No (Natural Habitats) Regulations 1994:

(iii) A design or design/access statement: No

(iv) A report on the impact of the proposed development No e.g. retail impact, transport impact, noise impact, flood risk, drainage impact etc: ______

(H) PLANNING OBLIGATIONS

(i) Is a Section 75 agreement required: No

______

(I) Has a Direction been issued by Scottish Ministers in terms of No Regulation 30, 31 or 32: ______

(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application

(i) List of all Development Plan Policy considerations taken into account in assessment of the application.

Argyll and Bute Structure Plan 2002

STRAT DC 1 – Development within the Settlements

Argyll and Bute Local Plan 2009

LP ENV 1 - Development Impact on the General Environment

LP ENV 19 - Development Setting, Layout and Design

LP HOU 1 – General Housing Development

LP TRAN 4 - New & Existing Public Roads & Private Access Regimes

LP TRAN 6 – Vehicle Parking Provision

Appendix A – Sustainable Siting and Design Principles

Appendix C – Access and Parking Standards

(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009.

Argyll & Bute Sustainable Design Guidance (2006)

Scottish Planning Policy, 2010

______

(K) Is the proposal a Schedule 2 Development not requiring an No Environmental Impact Assessment: ______

(L) Has the application been the subject of statutory pre-application No consultation (PAC): ______

(M) Has a sustainability check list been submitted: No ______

(N) Does the Council have an interest in the site: No ______

(O) Requirement for a hearing (PAN41 or other): No

______

(P) Assessment and summary of determining issues and material considerations

The proposal involves demolition of a store and erection of 2 semi-detached dwellinghouses at 23 Balvicar, Isle of Seil.

In terms of the adopted Argyll and Bute Local Plan, the site is identified as being within the settlement zone of Balvicar within which Policy STRAT DC 1, Development within Settlements, of the approved Argyll and Bute Structure Plan encourages small scale development within the minor settlements which is compatible with an essentially rural settlement location on an appropriate infill, rounding off and re-development basis.

Furthermore Policy LP HOU 1 of the adopted Argyll and Bute Local Plan gives a general presumption in favour of housing developments within settlements unless it would result in an unacceptable environmental, servicing or access impact.

An existing vehicular access is to be used to serve the dwellinghouses with water supply and drainage via connection to the public systems.

The proposal is considered to be consistent with the terms of the approved Structure Plan and adopted Local Plan and there are no infrastructural constraints which would preclude development of the site. ______

(Q) Is the proposal consistent with the Development Plan: Yes ______

(R) Reasons why planning permission or a Planning Permission in Principle should be granted

It is considered that the site subject of this application represents a suitable opportunity for infill development consistent with the settlement pattern of the surrounding area consistent with the terms of the current Development Plan.

The proposal accords with Policies STRAT DC 1 of the approved Argyll and Bute Structure Plan and Policies LP ENV 1 and LP ENV 19, LP HOU 1, and LP TRAN 4, of the adopted Argyll and Bute Local Plan and there are no other material considerations, including issues raised by third parties, which would warrant anything other than the application being determined in accordance with the provisions of the development plan. ______

(S) Reasoned justification for a departure to the provisions of the Development Plan

N/A ______

(T) Need for notification to Scottish Ministers or Historic Scotland: No ______

Author of Report: Fiona Scott Date: 16/02/10

Reviewing Officer: Richard Kerr Date: 17/02/10

Angus Gilmour Head of Planning and Regulatory Services

CONDITIONS AND REASONS RELATIVE TO APPLICATION REFERENCE 09/01256/PP

1. That the development to which this permission relates must be begun within three years from the date of this permission.

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2. No development shall be commenced until visibility splays of 25m x 2.4m have been cleared and thereafter maintained clear of any obstruction over 1.05m in height above the level of the adjoining carriageway.

Reason: In the interests of road safety.

3. The proposed on-site vehicular parking bays shall measure 5m x 2.5m minimum for each vehicle and shall be formed in accordance with the approved plans and brought into use prior to the first occupation of the dwellinghouses hereby approved.

Reason: To enable vehicles to park clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

4. No development shall take place on site until such time as the applicant and/or developer submits written evidence that a connection to the public sewer currently under construction had been granted by Scottish Water.

Reason : In order to secure a public mains drainage connection in an area served by a public system in accordance with policy LP SERV 1.

5. Notwithstanding the provisions of Article 3, Part 1, Classes 1, 3 and 4 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) (or any Order re-enacting or revoking that Order with or without revision), no extensions to the dwellinghouse, outbuildings, swimming or other pools, or hardstandings shall be built on the site which is the subject of this application. Construction of extensions to the dwellinghouse, outbuildings, swimming or other pools, or hardstandings cannot be carried out without planning permission being granted on an application made to the Planning Authority.

Reason: In the interests of visual amenity, to protect the visual qualities of the area and the setting of the proposed dwellinghouse from unsympathetic siting and design of permitted developments normally carried out without planning permission under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

6. The development shall be implemented in accordance with the details specified on the application form dated 29/08/09 and the approved drawing reference numbers:

Plan 1 of 8 (Drawing Number 01A) Plan 2 of 8 (Drawing Number 04) Plan 3 of 8 (Drawing Number SC01) Plan 4 of 8 (Drawing Number SC02) Plan 5 of 8 (Drawing Number 02C)

Plan 6 of 8 (Drawing Number SC03) Plan 7 of 8 Plan 8 of 8 (Digital Land Survey)

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

NOTE TO APPLICANT

• In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997 (as amended), prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.

• In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 (as amended) it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

• The Area Roads Manager has advised that a Roads Opening Permit (S56) is required for the proposed development, please contact him direct on 01631 569160 to discuss the matter further.

• Please note the advice contained within the attached letter from Scottish Water. Please contact them direct to discuss any of the issues raised.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 09/01256/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

B. Location, Nature and Design of Proposed Development

Planning permission is sought for demolition of a store and erection of 2 semi-detached dwellinghouses at 23 Balvicar, Isle of Seil.

The site is a relatively flat area of ground and is currently occupied by a disused store. The site is surrounded by existing residential development with traditional terraced dwellings to the south and west which are set at a lower level than the application site itself. There are more modern dwellinghouses to the northeast of the site which are on the same level.

The application shows 2 traditionally designed semi-detached dwellinghouses of single storey appearance but with attic accommodation finished in white render, natural slate, upvc windows and timber doors. The design and finish of the proposed dwellinghouses reflects the existing terraced dwellings which surround the site.

Whilst the dwellinghouses proposed are larger in scale than the traditional slate workers cottages which adjoin the site, it is considered that the difference in level between the application site and the adjoining residential properties will ensure that the proposed dwellinghouses will not detract from the setting and character of the existing houses.

The dwellinghouses have been orientated within the site with their main elevation facing onto the public road which ensures that there are no privacy or amenity conflicts with neighbouring properties.

The overall area of the application site is 722 square metres and the footprint of the dwellinghouses is 149 square metres which occupies approximately 20% of the overall site and allows a sufficient level of amenity space for the dwellings.

It is considered that the proposed site provides a suitable opportunity for infill development consistent with the terms of the current development plan.

The design and finish of the proposed dwellinghouses subject of this application is considered acceptable within this location and their positioning and orientation within the site will ensure there are no significant adverse privacy or amenity issues affecting neighbouring properties. In this regard the proposal is considered to comply with the terms of Policy LP ENV 19 and Appendix A.

C. Road Network, Parking and Associated Transport Matters.

There is currently a vehicular access serving the site which is to be utilised to serve the proposed dwellinghouses. The application indicates an area of off road parking to serve the proposed dwellinghouses. The Area Roads Manager was consulted on the proposed development and raised no objection subject to conditions regarding the clearance of visibility splays and parking provision.

In this regard, it is considered that the proposal complies with Policy LP TRAN 4 and LP TRAN 6 which seek to ensure that developments are served by an appropriate means of vehicular access and have suitable off road car parking provision.

D. Infrastructure

The application indicates that the dwellinghouses will connect into the public drainage system and take a water supply from the public main.

Scottish Water has raised no objections to the connection to the public water supply but has advised that there are no public sewers within the vicinity of the application site. However, the existing sewerage system was upgraded in 2009 with the provision of a mains sewerage system which would allow for the inclusion of this site. Accordingly a condition is proposed to allow the applicant to demonstrate a suitable system for dealing with foul drainage to be submitted and approved prior to work starting on site.

In this regard, it is considered that the proposal complies with the terms of Policy LP ENV 1 which seeks to ensure the availability of suitable infrastructure to serve proposed developments.