DEVELOPMENT SERVICES Local Member - Cllr

Home , Ardminish, Gigha

DEVELOPMENT SERVICES Local Member - Cllr. John McAlpine PLANNING APPLICATION REPORT Date of Validity - 6th August 2004 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 25th November 2004

Reference Number: 04/01466/DET Applicants Name: Fyne Homes Ltd. Application Type: Detailed Planning Permission Application Description: Erection of 18 dwellinghouses, associated access, drainage, play area and footpath Location: Land adjacent to Gigha Hotel, Ardminish, Isle of Gigha

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Erection of 18 dwellinghouses; • Provision of an equipped play area; • Formation of 2 new accesses onto the public highway and site access roads; • Formation of 45 on site parking spaces; • Formation of a footpath; • Installation of 2 biodisc waste water treatment plants and soakaways.

(ii) Other aspects of the proposal:

• Connection to the public water main; • Provision of site landscaping.

(B) RECOMMENDATION

It is recommended that Members resolve to grant planning permission as a ‘minor departure’ to the provisions of the development plan subject to:

i) The standard time limit condition and reason;

ii) The conditions and reasons set out in the report;

iii) The Head of Planning being authorised to issue the decision notice following the expiry of the publicity period on the 24th November 2004, provided that no further representations raising material issues have been received in the interim, and on the understanding that if such representations were to be received the matter would be remitted to the Area Committee for further consideration.

This is an application for 18 housing association dwellings on two linked sites, in a low density format including significant areas of open space, within the settlement of Ardminish. The proposal, along with an associated programme of the development of individual plots in the countryside, forms part of the Gigha Heritage Trust’s response to the shortage of housing on the accommodation on the island, arising from previous landowners’ historic failure to release sites for development. The need to redress this shortfall has been recognised by Communities Scotland’s support for the proposal, and by the identification of land for development in the Council’s emergent local plan. There is also widespread community support on the island for a development on this scale to meet identified housing needs.

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The Kintyre Local Plan supports the development of small scale infill and rounding-off development in minor settlements, including Ardminish. This allows, in the normal course of events, for incremental development opportunities to be fulfilled in the smaller settlements, in the expectation that more major developments will be directed to higher order settlements. However, due to the lack of housing development of any significance on Gigha for a number of decades, it is necessary to redress the shortfall in supply by a single development which exceeds ‘small scale’. It is appropriate that this scale of development should take place in Ardminish, as there is no higher order settlement on the island to which such development could be directed. Such development would represent a ‘minor departure’ to the provisions of the adopted local plan, which is in any event, now substantially out of date.

There are no objections to the proposal in principle from consultees. The application is supported by the Gigha Heritage Trust and by 45 letters from 23 households on the island. There are 3 letters of objection to the proposal.

Angus J Gilmour Head of Planning 28th October 2004

Author: Peter Bain – 01546 604082 Contact officer: Richard Kerr – 01546 604080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01466/DET

Conditions:

2. Prior to the commencement of works on site, the accesses hereby permitted onto the public road shall be formed in accordance with the details specified on the approved plans to the satisfaction of the Planning Authority, or as otherwise agreed in writing with the Planning Authority.

3. Prior to the commencement of works on site, visibility splays measuring 120 metres by 2.5 metres measured from the centre line of the proposed accesses shall be cleared and thereafter maintained clear of all obstructions over one metre in height measured from the nearside metal portion of the adjacent road.

4. All access roads and pavements leading from the public road and serving the site shall be constructed to base course standard prior to the occupation of any individual dwelling served by that means of access; and the final wearing surface shall be applied concurrently with the completion of any independent access serving a group of dwellings or a phase of the development, and in any event, prior to the occupation of the final dwelling to be completed on the site.

5. Notwithstanding the details shown on the approved plans, the section of road within the ‘South Site’ between the public road and the public service vehicle turning area shall be constructed to an adoptable standard in consultation with the Council’s Area Roads Manager to the satisfaction of the Planning Authority. The minimum road width of the adopted section shall be 3.5 metres widened locally to 5.5 metres by means of a passing place.

6. Notwithstanding the details shown on the approved plans, prior to the occupation of the final dwelling to be completed on the site, a footway shall be constructed, in consultation with the Council’s Area Roads Manager, along the eastern boundary of the application site adjacent to the public highway in accordance with details to be submitted to and approved by the Council as Planning Authority.

7. The parking and turning provision, associated with each individual dwellinghouse/group of dwellinghouses, shall be constructed and made available for use in accordance with the details specified on the approved plans prior to the occupation of each dwellinghouse.

8. Prior to the commencement of development, details of the finished floor level for each dwellinghouse, relative to an identifiable fixed datum located outwith the application site, shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details.

9. Within three months of the commencement of development, a scheme of hard and soft landscaping works shall be submitted for approval by the Council as Planning Authority. Details of the scheme shall include:

(i) Existing and finished ground levels in relation to an identified fixed datum; (ii) Existing landscaping features and vegetation to be retained; (iii) Location and design, including materials, of walls, fences and gates; (iv) Soft and hard landscaping works, including location, type and size of each individual tree and/or shrub; (v) Surface treatment of means of access and hardstanding areas; (vi) Programme for completion and subsequent on-going maintenance.

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting seasons following the substantial completion of the development, unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

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10 Prior to the commencement of development, samples or full details of the roof covering to be applied throughout the development shall be submitted to and approved in writing by the Planning Authority. Such details shall show the roof covering to be of a natural slate or a good quality slate substitute tile coloured dark blue/grey.

11 Notwithstanding the details shown in the approved plans, the south, east and north facing elevations of the eastern most property within the south site (2 bedroom drawing ref. B-14, adjacent to the access onto the public road) shall be finished in a white render to the satisfaction of the Planning Authority.

12 Notwithstanding the provisions of Article 3 and Class 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no additional window or other openings shall be installed within the buildings as approved without the prior written consent of the Planning Authority.

13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order(s) 1992, (or any Order revoking and re-enacting that Order(s) with or without modifications), nothing in Article 3 of or Schedule 1 to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 2 and Class 9 of the of the aforementioned Schedule 1, as summarised below:

PART 2: MINOR OPERATIONS Class 9: Stone cleaning and exterior painting of any building work.

No such development shall be carried out at any time within these Parts and Classes without the prior written approval of the Planning Authority.

14 Prior to the commencement of development a scheme for the provision of a play area as detailed on drawing ref. L-06(A) shall be submitted to and approved in writing by the Planning Authority. The details shall include a play area designed in accordance with the provisions of BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), BS EN 1176 (Play Equipment) and BS EN 1177 (Impact Absorbing Playground Surfacing – safety requirements and test methods), together with:

a. full details and location of the proposed play equipment; b. details of the sub-base and surface treatment of the play area, in addition to any fences, walls or other boundary treatment; c. proposals for the implementation/phasing of the play area in relation to the construction of houses on the site; this programme shall ensure that the play area is provided no later than the occupation of the final dwelling to be completed on the site.

15 Prior to the commencement of development and the agreed play area is installed, a scheme for the maintenance of the open space, including the play area, within the development shall be submitted to and approved in writing by the Planning Authority. Such details shall include a maintenance schedule in accordance with the provisions of BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), BS EN 1176 (Play Equipment) and BS EN 1177 (Impact Absorbing Playground Surfacing – safety requirements and test methods) and include full details relative to the equipment’s ongoing inspection, recorded and certified inspections and procedures for dealing with defects to the equipment, surfacing and boundary treatment all to the satisfaction of the Planning Authority. The equipment shall be thereafter maintained in accordance with the duly approved scheme.

Reasons:

2. In the interests of road safety.

3. In the interests of road safety.

4. In the interests of road safety and to ensure that an adequate level of access is provided for the development.

5. In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

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6. In the interests of road safety.

7. In the interests of road safety.

8. In the interests of visual amenity, to assist in the integration of the development into its townscape/landscape setting and no such details having been submitted.

9. To ensure the implementation of a satisfactory scheme of landscaping.

10. In the interests of visual amenity, to assist in the integration of the development into its townscape/landscape setting and no such details having been submitted.

11. In the interests of visual amenity and to assist in the integration of the development into its townscape/landscape setting.

12. In order to prevent the inclusion of additional window and other openings which could significantly undermine the privacy and amenity of adjoining residential property.

13. To protect the area and the setting of the proposed dwellinghouse, in the interest of visual amenity, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

14. In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), BS EN 1176 (Play Equipment) and BS EN 1177 (Impact Absorbing Playground Surfacing – safety requirements and test methods).

15. In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), BS EN 1176 (Play Equipment) and BS EN 1177 (Impact Absorbing Playground Surfacing – safety requirements and test methods).

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APPENDIX RELATIVE TO APPLICATION 04/01466/DET

A. POLICY OVERVIEW

Argyll and Bute Structure Plan 2002

Policy STRAT DC 1 – Development Within the Settlements

Encouragement shall be given, subject to capacity assessments, to development in the settlements as follows:

A) Within the Main Towns …

B) Within the Small Towns and Villages …

C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off, and redevelopment sites; in exceptional cases medium or large scale development may be supported.

D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction development or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements.

E) Development in settlements are also subject to consistency with other policies of this Structure Plan and in the Local Plan.

Policy STRAT DC 9 – Historic Environment and Development Control

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

Kintyre Local Plan (1st Alt.) 1988

Kintyre Settlement Strategy Policy STRAT 2A

A presumption that local development requirements shall be located in the rural settlements listed in paragraph 1.19 of the original Kintyre Local Plan.

Policy POL RUR 1

The Council will seek to maintain and, where possible, enhance the landscape quality of 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: … (c) Areas of local landscape significance – (ii) Island of Gigha …

Policy POL RUR 2

Proposals for development in or affecting … areas of local landscape significance will require to be assessed against the following criteria: (a) environmental impact; (b) locational/operational need; (c) economic benefit; and (d) infrastructure and servicing implications.

Policy POL HO 6A

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The Council will continue to encourage the development of small redevelopment and infill sites, including rounding-off for housing in Campbeltown, Tarbert and the following rural settlements: Ardminish …

Policy POL BE 8A

The Council will seek to achieve a high standard of residential layout and design where new housing developments are proposed. Proposals for new residential development should have regard to the Council’s published design guidelines.

Argyll and Bute Local Plan 2003 Consultative Draft

Policy STRAT DC 1 – Development Within the Settlements

Encouragement shall be given, subject to capacity assessments, to development in the settlements as follows:

A) Within the Main Towns …

B) Within the Small Towns and Villages …

E) Development in settlements are also subject to consistency with other policies of this Structure Plan and in the Local Plan.

Policy STRAT DC 2 – Development within the Countryside Around Settlements

A) Within the Countryside Around Settlements encouragement shall be given to development which accords with the settlement plan for the area; this includes appropriate small scale infill, rounding-off, redevelopment, change of use of building development and single dwellinghouses on individual crofts subject to consistency with STRAT AC 1C). In special cases, a locational need or exceptional circumstance may justify a development.

B) Developments which do not accord with this policy are those outwith category A) above and development which will erode the setting of settlements or result in undesirable of ribbon development or settlement coalescence or result in the undesirable break-up of croft land assets.

C) Developments are also subject to consistency with other policies of this Structure Plan and in the Local Plan.

Policy PDA 1 – Development in Potential Development Areas

A) Development of any part of a potential development area shall demonstrate that it is consistent with and will not prejudice a comprehensive development approach for the whole of the potential development area. This shall take into account: the intentions of the settlement plan covering the area; the effective phasing of development; and the need to make appropriate area wide provision for servicing, access, layout and design.

Policy STRAT DC 9 – Historic Environment and Development Control

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Ancient Monument or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.

Policy E9 – Development and Alterations Affecting Listed Buildings and Demolitions Affecting Unlisted Buildings in Conservation Areas

A) Protection, conservation, enhancement and positive management of the historic environment is promoted. Development which is judged to adversely affect or undermine the historic environment shall be resisted. This applies specifically to: applications for listed building consent; conservation area consent; or planning permission including development, alterations or demolitions which affects listed buildings and their settings or which involves demolition of unlisted buildings in conservation areas.

B) These forms of development and alterations shall not damage key features of the historic environment. The key features of the historic environment includes the overall integrity of listed buildings and conservation areas as well as the very special architectural setting, curtilage and historic features recorded in the ‘descriptive list’ for listed buildings.

C) There is a presumption against the following categories of development, alterations or demolition:

1. involving the demolition (whole or part) of a listed building; 2. affecting a category ‘A’ listed building internally or externally on any elevation or its setting; 3. affecting a category ‘B’ or ‘C’ listed building where this impacts on the essentially intact character of the building; 4. involving the demolition (whole or part) of any building within a conservation area.

D) If the above categories of proposal are to be approved in accordance with this policy, then this shall require demonstration that the proposal will result in an overall enhancement to or compatibility with, the listed building, its setting and, where applicable, with the surrounding conservation area.

Policy E10 – Development Setting, Layout and Design

Development setting.

A) Development shall be sited and positioned so as to harmonise with the key features of their settlement, edge of settlement, countryside or coastal surroundings. Developments which do not satisfactorily harmonise with their settings and surroundings shall be resisted.

Development layout and density.

B) Development layout and density shall effectively integrate with the urban, suburban or rural setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.

Development design.

C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as national scenic areas, very sensitive countryside, sensitive countryside, conservation areas, special built environment areas, historic landscapes, and the settings of listed buildings. Within such locations, the quality of design will require to be higher than in other less sensitive locations.

D) The design of buildings shall complement the size of settlement or the qualities of the countryside containing the particular development site. Building design shall be suitably adapted to meet reasonable expectations for special needs groups. Energy efficient design

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is encouraged. Development design which is judged to be poor or ‘not good enough’ for a particular location shall be resisted.

Policy H1 – Housing Development

A) There is a presumption in favour of housing development other than those categories, scales and locations of development in B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.

B) Other than in exceptional circumstances, housing development shall be resisted when it involves:

In the settlements:

1. large scale housing development in small towns and villages and minor settlements; 2. medium scale housing development in the minor settlements.

C) Housing development, for which there is a presumption against, will not be supported unless the environmental, servicing and access impact is acceptable and unless an exceptional case is successfully demonstrated – see policy note 3 in Annex.

Policy notes to H1:

1. Scales of housing development -

Small scale housing – development not exceeding 5 dwelling units. Medium scale housing – development between 6 and 30 dwelling units inclusive. Large scale housing – development exceeding 30 dwelling units.

3. Exceptional Cases -

When an exceptional case is required to be justify a proposed housing development under policy H1 B) and C), the following shall require to be demonstrated to the satisfaction of the Planning Authority.

All areas –

(a) the proposal will not result in incongruous siting, scale, form and design of housing; this will exclude unacceptable forms of ribbon development, settlement coalescence, abrupt settlement edges and inappropriate urban or suburban forms of housing layout and design within the countryside and smaller settlements.

In small towns, villages and minor settlements -

(b) where the proposal involves large scale housing development in a small town or village, or medium scale in a minor settlement, this should be supported by a deliberate attempt to counter population decline in the area or else meet a local housing need for this scale of development; such proposals should not overwhelm the character or the capacity of the settlement.

Policy H2 – Provision of Housing to Meet Local Needs Including Affordable Housing

A) Planning conditions and planning agreements shall be required, in appropriate cases, to facilitate the delivery of housing to meet local housing needs, including affordable housing provision.

B) Housing allocations …

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C) On other sites e.g. on the potential development areas and windfall sites, local needs and affordable housing will be encouraged having regard to market conditions and the suitability of the site for such provision.

D) Housing allocations …

Policy H4 – Housing Layout and Design

A) Encouragement shall be given to traditional, innovative and sympathetic housing development layout and design which are appropriate to their mainland, island, town, village, minor settlement, countryside or coastal settings.

B) Housing layout and designs which are judged by the Planning Authority to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted. Overly suburbanised forms of development are unlikely to be accepted in sensitive locations in villages, minor settlements and countryside.

C) Housing densities shall take account of the nature of the housing proposed and the quality of the area containing the site. Over-development of sites shall be resisted. When applicable, housing densities shall comply with the development briefs in this plan. In the case of non-flatted housing development, the private open space provision shall meet the minimum standard specified in policy note 1. Reduced standards may be acceptable in the following exceptional circumstances.

1. where there are special site considerations e.g. where constraints on private open space are imposed due to the quality of the built environment such as in conservation areas or 2. when there are special occupancy circumstances e.g. when the first and future occupants are unlikely to require these standards of private open space provision.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

There is no relevant planning history in respect of the current application.

(ii) Consultations

• West of Scotland Archaeology Service (received18.08.04) – no objections.

• Statutory Plans Unit (23.08.04) – no objections – it is noted that the application site extends beyond the settlement boundary and boundary of PDA 14/35 as shown in the draft local plan. However the western most boundary of the PDA appears to have been drawn somewhat arbitrarily and may not reflect landform and ultimately the capacity of the site. It is not considered that the incursion of the proposed development on PDA 14/35 into the adjoining ‘Countryside Around Settlement’ zone to the west is significant enough to warrant raising concerns.

• Scottish Water (30.08.04) – no objections, subject to note to applicant in respect of water provision.

• Area Roads Engineer (03.09.04) – No objection, subject to conditions with regard to construction standard of access roads and visibility.

• SEPA (08.09.04) – No objections, subject to note to applicant in respect of provision of private waste water treatment system.

• Public Protection (09.09.04) – No objections, subject to conditions with regard to provision of play area.

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• Historic Scotland – no response to date.

(iii) Publicity

The current application has been advertised under the provisions of Article 9 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992, Section 34 of the Town and Country Planning (Scotland) Act 1997 and as development affecting the setting of a listed building – publicity expires 9th September 2004. Further to this the application has also been advertised as a ‘potential departure’ to the development plan; publicity expires 24th November 2004.

Written representations raising objection to the proposal.

To date, three letters of representation have been received from Dr P. Marsh, 17 Eaton Terrace, London (received 26.07.04); Mrs O. Allan, 2 Ardminish, Isle of Gigha (26.07.04); Shepherd & Wedderburn, Saltire Court, 20 Castle Terrace, Edinburgh on behalf of Dr and Mrs Wightman, Ceolmara, Ardminish, Isle of Gigha (02.08.04). The various points of representation are summarised below.

• That the process of public consultation with regard to the current proposal is flawed, as the timescale is too short to allow time for adequate public comment.

Comments: The proposal has been neighbour notified and advertised in the local press as per the requirements of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

• That verbal objections should be taken into consideration when determining the current application.

Comments: The provisions of the and the Town and Country Planning (General Development Procedure)(Scotland) Order 1992 and the Council’s own procedures require any representations to be submitted in written form in order to be valid.

• That the provision of a housing association scheme in its current form will not meet the cultural or heritage requirements of islanders living on Gigha. The provision of housing supply should be determined after a social survey carried out by trained sociologists, with experience of the cultural history and traditions of the western islands has been undertaken. It is suggested there is no demand for a development of this scale on Gigha. At present there are six empty dwellings on the island with further properties to be vacated as the tenants move into new buildings currently being erected

Comments: The applicant has stated that the current scheme has been developed in consultation with the Isle of Gigha Heritage Trust and the island community to address the current shortage of good quality affordable housing provision on the island and meet the requirements of those living on the island.

• That local people have a distrust with regard to the links between the applicant, Fyne Homes, and the Isle of Gigha Heritage Trust, and the potential conflict of interests which may resultantly arise.

Comments: This is not a material planning consideration

• There is no further employment currently available on the island and consequently it is likely that the housing is likely to be allocated to ‘drunks, druggies, drop-outs and dole scroungers’ that will be re-housed on Gigha.

Comments: This is not a material planning consideration.

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• The water supply is at present ‘no more than adequate’ to serve existing development.

Comments: Scottish Water (response received 30.08.04) has not raised any objection to the proposal, but has noted that the existing water supply may require upgrading to serve the proposed development.

• That the submitted plans do not give any indication as to where the septic tank to serve the development shall be located.

Comments: The proposal includes detailed drainage plans that clearly identify the location of the proposed foul drainage arrangements.

• That the scale of the proposed development is not subordinate to that of existing groupings of development within Ardminish, and as such would be contrary to the provisions of STRAT HO 1 of the Structure Plan.

Comments: This issue is addressed in detail in (v) ‘Assessment’ below.

• That the application site, in respect of the designations of the Kintyre Local Plan (1st alt.) 1988 is located within the countryside. As such the proposal should be assessed against STRAT DC 2 of the Structure Plan that would only give support to ‘small scale’ development in such an area.

Comments: This issue is addressed in detail in (v) Assessment below.

• POL HO 6 of the Kintyre Local Plan (1st alt.) 1988 encourages the development of small redevelopment and infill sites, Ardminish is identified for this purpose. It is considered that the proposal is not consistent with this policy.

Comments: It is the consideration of the Planning Department that the proposal cannot be considered as a ‘small scale’ development within the context of Ardminish and therefore does represent a departure to the provisions of POL HO 6 of the Local Plan. This issue is addressed in detail in (v) Assessment below.

• It is considered that if the development were permitted that it would become the dominant feature within the Ardminish landscape, and thereby have an adverse environmental impact. POL RUR 1 identifies Gigha as an area of local scenic significance and seeks to resist development that would have such an adverse impact. The Scottish Executive’s Scottish Planning Policy 3 (SPP3) – Planning for Housing, paragraph 45 “Extensions to Settlements” advises against development which would exceed the capacity of the landscape to absorb development and development which would be prominent within the landscape.

Comments: This development plan policy issues are addressed in detail in (v) Assessment below. The aspect of SPP3 relates to circumstances where brownfield and infill sites within existing settlements are unavailable, and where a settlement is to be expanded through the release of greenfield land next to existing built-up areas. As the current application site relates to land which is identified as being within the existing settlement of Ardminish, it is considered to be infill development, and therefore this aspect of SPP3 is not applicable.

• That the southernmost house in the development should be re-orientated to provide for the habitable rooms on the south facing elevation in order to comply with guidance contained within paragraph 12 of SPP3 and Planning Advice Note 67 “Housing Quality” in respect of energy efficient housing where habitable rooms should face southward with service rooms provided in the north facing elevation.

Comments: This dwelling unit is required to address the public highway in order to assist in the integration of the overall development layout with that of the existing settlement pattern of Ardminish. The overall development will require to be constructed in accordance with the Buildings Standards (Scotland) Regulations which will ensure that the development is constructed to meet the minimum standards of insulation and energy efficiency

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requirements. It is also noted that the majority of the dwelling units are orientated so that a principle elevation faces southward to maximise daylight and energy efficiency.

• That the draft Argyll and Bute Local Plan is still at a formative stage and is likely to be amended prior to its approval, and also that the intentions for PDA 14/35 are not stated in the draft plan. It is therefore considered that the draft local plan should not be a material consideration in the determination of the current application.

Comments: The Argyll and Bute Local Plan 2003 consultative draft has undergone a statutory period of public consultation and where, as in this case, no significant representation has been received to the plan, it may be given at least limited weight in the determination of a planning application.

Written representations in support of the proposal.

One letter in support of the application has been received from the Isle of Gigha Heritage Trust, Gigha Hotel, Isle of Gigha (received 06.08.04). The various issues raised in support of the application are summarised below. Accompanying this correspondence, are a further 45 standard letters expressing support for the proposed development from 23 island households as listed below.

• The Trust is fully supportive of the current application and has worked closely with Fyne Homes to ensure that the development is tailored to the needs of the island population and is wholly appropriate within the island context.

• The lack of good quality, affordable housing is a major issue on Gigha, particularly since the significant growth of the island’s population from the time of the community buy-out in March 2002. This growth is set to continue, subject to the availability of housing, and the Trust is already experiencing difficulties in implementing its strategy for the island’s regeneration as a result of the acute housing shortage.

• Support for the Fyne Homes development on the island is overwhelming. Four separate votes have been held in public meetings regarding this particular issue and on each occasion the vote in favour of the development has either been unanimous, or with majorities exceeding 90%.

• Funding for the housing development was secured from a particular sum of money put aside by Communities Scotland specifically for housing associations working closely with communities. Of this £10 million sum, £1.3 million was awarded for the development on Gigha. This is subject, however, to spending £1 million within the current financial year.

• Furthermore, 49 islanders have written in support of the current application.

Comments: The Planning Department has actually received 45 letters accompanying the correspondence from the Isle of Gigha Heritage Trust (06.08.04) and not 49 letters as is stated.

Standard letters expressing support for the proposal received 06.08.04 accompanying letter from The Isle of Gigha Heritage Trust

1. Catorina Scott, Gallochoille Cottage, Isle of Gigha 2. Vie Tulloch, Gallochoille Cottage, Isle of Gigha 3. Malcolm Henderson, North Drumachro, Isle of Gigha 4. Jacqueline Cochrane, North Drumachro, Isle of Gigha 5. C. Anne Shaw, 12 Ardminish, Isle of Gigha 6. Christine Haddow, Highrow 3, Isle of Gigha 7. Joseph Teale, Highrow 3, Isle of Gigha 8. Jamesina McNeill, 2 Highrow, Isle of Gigha 9. James McNeill, 2 Highrow, Isle of Gigha 10. Malcolm McNeill, 2 Highrow, Isle of Gigha 11. April Caroline Town, The Post Office, Isle of Gigha 12. Russell Town, The Post Office, Isle of Gigha

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13. Hilda M McNeill, Drumeonbeg, Isle of Gigha 14. Alexander McNeill BEM MINIST LM, Drumeonbeg, Isle of Gigha 15. Archie MacAlister, Schoolhouse, Isle of Gigha 16. Neil MacAlister, Schoolhouse, Isle of Gigha 17. Lorna MacAlister, Schoolhouse, Isle of Gigha 18. John Bannatyne, Gallochoille, Isle of Gigha 19. Michelle Graham, Gallochoille, Isle of Gigha 20. Jim Durnin, 7 Ardminish, Isle of Gigha 21. Karen Durnin, 7 Ardminish, Isle of Gigha 22. Ian C. Wilson, South Drumachro, Isle of Gigha 23. Tracy Wilson, South Drumachro, Isle of Gigha 24. Ann McSporran, 10 Ardminish, Isle of Gigha 25. William McSporran, 10 Ardminish, Isle of Gigha 26. Angus MacAlister, Gigulum Cottage, Isle of Gigha 27. Valerie Millar, 3 Woodside, Isle of Gigha 28. John Earnshaw, Achamore Farm, Isle of Gigha 29. Fiona Earnshaw, Achamore Farm, Isle of Gigha 30. Michael Tart, Croft 3.4, Isle of Gigha 31. Audrey Tart, The Croft, Isle of Gigha 32. Rhona Martin, Burnside, Isle of Gigha & additional letter dated 12.07.04 33. John Martin, Burnside, Isle of Gigha & additional letter dated 11.07.04 34. Susan Allan, Bayview, Isle of Gigha 35. Malcolm Allan, Bayview, Isle of Gigha 36. Mary Freckleton, Drumallan, Isle of Gigha 37. Roddy Allan, Drumallan, Isle of Gigha 38. Harry Freckleton, Drumallan, Isle of Gigha 39. Rona Allan, Drumallan, Isle of Gigha 40. John McNeill, Woodside, Isle of Gigha 41. C.R. McNeill, Woodside, Isle of Gigha 42. Keith G. Helm, Gigalum Cotage North, Isle of Gigha 43. Margaret Andrew, 1 New Quay, Isle of Gigha 44. Lorna Andrew, New Quay North, Isle of Gigha 45. Sheila Mohr, Brae House, Isle of Gigha

(iv) Applicants Supporting Information

Fyne Homes (correspondence received 22.09.04) have submitted the following further information in support of the current application.

• The most critical need on Gigha at present is good quality affordable housing. For the economic regeneration of the island to continue it is vitally important that these 18 houses are built as quickly as possible. This has been recognised by Communities Scotland who have already committed £1.3 million grant funding to the project.

• A Master Plan and a Design Guide have been produced which will direct and inform future developments on the Island. Argyll and Bute Council have been an important consultee in this process and have been an active supporter of this approach.

Comments: The Isle of Gigha Heritage Trust has produced a Master Plan and Design Guidance relating to future developments on the island which has been approved by the population of Gigha. It is anticipated that these documents may be adopted by Argyll and Bute Council as supplementary guidance to the Argyll and Bute Local Plan at a later date. The siting, layout, design and finishes of the current proposal complies with that of the above-mentioned design guidance.

• It is considered that the form and layout of the proposed development respects existing settlement patterns and will sit comfortably in the landscape. The current proposal complies with the Gigha Masterplan and Design Guide produced by the Isle of Gigha Heritage Trust both in terms of the cluster approach to development layout and the design and finishes proposed.

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• The community were involved in the selection of the architect for the current application. At a public meeting in March 2004, thirty-four families received formal project presentations from three architects and then voted on which of them was their preferred choice. The selected architect, CP Architects, was the choice of 95% of those present.

• Fyne Homes have sought to ensure that the economic benefit from the construction of this development is kept as local as possible. A study to investigate the feasibility of creating an island based construction company has been completed. The result of this is the formation of a consortium of local contractors to undertake work on the island. This local approach will maximise benefits for Gigha, most notably in the creation of apprenticeships.

(v) Assessment

The proposal is a detailed application for the erection of 18 dwellinghouses, associated access, drainage, play area and footpaths by Fyne Homes Ltd. on two linked sites located to the north and south of the Gigha Hotel, Ardminish.

The application site is located within the Isle of Gigha area of Local Landscape Significance and consequently the proposal requires to be assessed against the criteria set out under POL RUR 2 of the Local Plan as follows.

Environmental Impact:

The current application relates to the development of 18 dwellinghouses within the settlement of Ardminish on two linked sites, one located to the south of the Gigha Hotel and the other to the north.

Existing Settlement Pattern:

The minor settlement of Ardminish currently consists of several dispersed clusters of development that in general occupy the lower lying land adjacent to the public highway and which are separated by areas of open, undeveloped farmland; the land to the east of the settlement slopes down across farmland to the coast, land to the west is rising farmland. Running from north to south the settlement presently consists of: a cluster of development comprising the shop/post office, primary school, church and assorted single and 1½ storey residential development located around the junction of the north-south running public highway and the road to the ferry. South of this is open farmland on both sides of the public highway for approximately 100 metres where the next cluster of development comprised of the Gigha Hotel, craft centre and assorted workshops/outbuildings and a single storey dwellinghouse, which are all located to the west of the public highway. Again going southward for approximately 100 metres is open farmland. The next cluster of development consists of a loose cluster of single and 1½ storey residential development with High Row set back on the western side of the public highway and a row of dorran type properties immediately adjacent on the eastern side. Again, there is another open space running southward where the southernmost limits of the settlement are defined by a cluster of residential development and a fire station on the eastern side of the public highway and a single dwelling to the western side.

The current application site relates to the stretches of open ground located on the western side of the public highway located to the north and south of the Gigha Hotel. The sites lie within the confines of the existing settlement of Ardminish and are considered to be an infill of the existing settlement pattern.

South Site:

The south site is currently an open area of farmland bounded to the north by the Gigha Hotel, the west by the public highway, the south by a row of 1½ storey houses at High Row and to the east by rising farmland. At present, the site provides an area of open space between the existing row of housing at High Row and the development cluster at the Gigha Hotel.

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The proposal includes for the erection of 10 dwellinghouses in the south site set out in two loose courtyard style clusters. The first cluster contains 4 dwellings to be set out around a communal parking and turning area and lies immediately adjacent to the existing row of 1½ storey development at High Row. The development layout provides for a large area of open space to the roadside and an 18 metre open area between the second cluster of development. The second cluster contains 6 dwellings, again set out around a communal parking and turning area, and lies immediately adjacent to an existing single storey dwelling south of the Gigha Hotel.

North Site:

The north site is currently an open area of farmland bounded to the south by the Gigha Hotel, the west by the public highway, the north by existing residential development and the church and, to the east by rising farmland. At present, the site provides an area of open space between the northernmost cluster of development in Ardminish and the development cluster at the Gigha Hotel.

The development of the north site includes for the provision of an equipped play area, (approximately 1500m2) immediately adjacent to the existing craft workshop development at the Gigha Hotel, retention of a large open space for a further 40 metres along the roadside and development of a cluster of 8 dwellinghouses set out around two communal parking and turning areas.

Development design, layout and finishes:

The layout of the development of 18 dwellinghouses in three clusters and retention of significant areas of open space within this extensive site measuring some 2.5 hectare, represents a very low density form of development which reflects the historical dispersed settlement pattern and form of the existing settlement of Ardminish.

The proposal provides for a variety of innovative, detached and semi-detached, single and 1½ storey designs which reflect the basic proportions and finishes of the local vernacular and advice contained within the Council’s published design guidelines, and the guidance produced by the Isle of Gigha Heritage Trust. The external walls are tol be finished in a combination of white render and natural larch timber cladding; the roof coverings are all to be of grey slate substitute tiles (details to be agreed by planning condition) and; the window openings shall be of grey painted timber with bottom and side hung movements.

The development willl be open to view from the public highway and from the coast. However, it is the consideration of the Planning Department that the variety of design and finishes, coupled with that of a dispersed, low density layout, with the provision of significant areas of open space will result in a development which does not appear overly contrived or suburban in nature, and which suitably reflects the design, scale, finishes and settlement pattern of existing development within Ardminish. As a result, the development would not appear incongruous within the setting of Ardminish or its surrounding landscape setting.

In view of the above, it is the consideration of the Planning Department that the proposal is consistent with the provisions of Policies BE 8A of the Kintyre Local Plan (1st Alt.) 1988 and, E10 and H4 of the draft Argyll and Bute Local Plan 2003.

Locational/Operational Need:

The proposal is for a ‘medium scale’ development within a minor settlement. Policy POL HO 6 of the Kintyre Local Plan (1st Alt.) 1988 only supports ‘small scale’ infill, rounding off and redevelopment within the settlement of Ardminish. The current proposal therefore represents a departure to the provisions of this policy.

STRAT DC 2 of the Argyll and Bute Structure Plan 2002; and; STRAT DC 2 and H1 of the Argyll and Bute Local Plan 2003 consultative draft would only support medium scale development within the minor settlement of Ardminish where an exceptional case is demonstrated.

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Both the applicant, Fyne Homes, and the Isle of Gigha Heritage Trust have stated that there is an acute shortage of good quality, affordable housing on the island and that immediate provision of such housing is required to meet local demand given the growth in population since the community buy-out in 2002.

Further to this, Settlement Strategy STRAT 2A of the Kintyre Local Plan states that local development requirements shall be located within the settlements. In the context of Gigha there are no alternative sites outside Ardminish which could accommodate a medium scale residential development.

It is the consideration of the Planning Department that the proposal should be viewed as an exceptional case, with regard to the provisions of the Structure Plan and the draft Local Plan, under the criteria set within the policy notes to Policy H1 of the Argyll and Bute Local Plan 2003 consultative draft, and that such a case would merit a ‘minor departure’ from the provisions of policy HO 6 of the Local Plan.

Economic Benefit:

Infrastructure and Servicing Implications:

The proposal includes for the provision of two new accesses onto the public highway, one for the north site and one for the south, to serve the development. Parking and turning shall be provided within the site for 2 spaces per dwelling unit, plus additional visitor parking. The Area Roads Manager (03.09.04) has not raised any objection to the proposal subject to the imposition of planning conditions which include for the provision of a portion of adoptable standard road to serve the south site, provision of adequate visibility splays and bellmouth construction. The proposal also includes for the provision of a footpath link between the north and south sites which would run to the west of the Gigha Hotel.

Water supply shall be by connection to the public water main. Scottish Water (30.08.04) has not raised any objection to the proposal.

Foul drainage shall be to two biodisc treatment plants with dead-end soakaways, one to serve the north site and one for the south. SEPA has not raised any objections to the proposal, subject to SEPA consent being obtained for the soakaways.

The proposal identifies a 1500m2 (approx.) site for the provision of an equipped play area to serve both the development and local requirements. Details of the actual play equipment provision have yet to be finalised and the scheme is to be jointly implemented by the applicant and the Isle of Gigha Heritage Trust. It is proposed that planning conditions be imposed with regard to the standard, layout and design of play equipment and the time period for implementation of the scheme.

Effect On Conservation of Natural and Heritage Resources:

The application site does not affect any designated site for the conservation of natural or heritage resources.

Gigha and Cara Parish Church, a category B listed building, lies to the north west of the northern development site. The church occupies the highest developed site within Ardminish and overlooks much of the settlement. The development of single and 1½ storey development at the northern site will impinge on views of the church when looking northward from the public highway at the Gigha Hotel. However the new development shall still be at a lower level than that of the church and will not challenge the prominence of the church building over the local landscape setting.

The Gigha Hotel, a category B listed building sits in between the north and south sites. Howeve, the development is sufficiently removed from the hotel by the proposed provision of areas of open space, so that new buildings will not appear to be immediately adjacent to

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the hotel building. Consequently the development will not compromise the setting of this listed building.

Historic Scotland has not submitted any comments to date in respect of this application.

It is the consideration of the Planning Department that the current proposal will not have an adverse effect upon the setting of the listed buildings within the locality of the application site and that the proposal is therefore consistent with the provisions of Policies STRAT DC 9 of the Argyll and Bute Structure Plan 2002; POL BE 1A of the Kintyre Local Plan (1st Alt.) 1988 and; STRAT DC 9 and E9 of the draft local plan.

Other Policies and Proposals contained in the Development Plan:

STRAT DC 1 of the Structure Plan and STRAT DC 1 and H1 of the draft Argyll and Local Plan state that ‘medium scale’ development may be supported in the minor settlements in exceptional cases. It is the consideration of the Planning Department that the current proposal can be justified as a special case when assessed against the criteria set out under policy notes to Policy H1 in the draft Argyll and Bute Local Plan.

Part of the application site includes land identified as a ‘Potential Development Area’ within the Argyll and Bute Local Plan 2003 consultative draft. It is the consideration of the Planning Department that the current proposal provides for a comprehensive development of this identified site in a manner that is consistent with the intentions of the draft settlement plan for the area. The proposal is not considered to be prejudicial to the provisions of the draft settlement plan, and would therefore be consistent with the provision of draft Policy PDA 1.

Part of the application site represents an incursion into an area designated as ‘Countryside Around Settlement’ in the draft local plan. The Statutory Plans Unit (23.08.04) have advised that the settlement boundary at this location is somewhat arbitrary, not having been defined by physical features, and that any minor encroachment beyond it would not be significant enough to warrant concern in this instance. It is the consideration of the Planning Department that development of this area is consistent with the existing settlement pattern of Ardminish, and would not be regarded as establishing a precedent with regard to any potential further incursion into the ‘Countryside Around Settlement’ at this location.

C. REASONED JUSTIFICATION FOR A ‘MINOR DEPARTURE’ TO THE PROVISIONS OF THE DEVELOPMENT PLAN

The adopted development plan comprises the 'Argyll and Bute Structure Plan' 2002, and the Kintyre Local Plan 1984 & First Review 1988, the latter now being substantially out of date. Policy POL HO 6A of the local plan supports the development of “small redevelopment and infill sites, including rounding-off, for housing in rural settlements”; including in this case Ardminish. The development of 18 dwellings is significant in terms of a settlement the size of Ardminish, and cannot be regarded as being small scale in terms of adopted development plan policy.

For historic reasons, no housing development of any consequence has taken place on Gigha for a number of decades, and therefore the settlement of Ardminish has not experienced the normal incremental development which would be expected within a settlement of this size. This has led to an unfulfilled demand for housing on the island which is partly being addressed by a programme of the release of individual house sites in the countryside and partly by this housing association development in the main settlement on the island. This requirement has been recognised by Communities Scotland and by the Council in the proposed allocation of land by the emergent local plan. There is therefore demand for a significant development to redress historic shortfalls in housing supply. It is appropriate that this should take place in Ardminish as there is no higher order settlement on the island to which such development could be directed. It is therefore considered that these

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circumstances warrant an exception being made to normal policy considerations applying to rural settlements identified in the adopted plan.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 04/01466/DET

• The Area Roads Manager notes that the accesses onto the public highway shall require to be constructed to a standard which ensures that no surface water or materials are discharged onto the public highway.

• Regard should be had to the attached consultation responses from SEPA and Scottish Water in respect of the proposed development.

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