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Created by Created by Neevia Document Converter Trial Version DEVELOPMENT SERVICES Ward Number - Ward 5 PLANNING APPLICATION REPORT Date of Validity - 09/09/08 OBAN, LORN AND THE ISLES Committee Date - 8 April 2009 _____________________________________________________________________ Reference Number: 08/01620/DET Applicants Name: M and K MacLeod Application Type: Detailed Application Description: Erection of 16 Detached and 4 Flatted Dwellinghouses Location: Site to the East of Dunavon, Connel, by Oban _____________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission § Erection of 16 detached and 4 flatted dwellinghouses § Formation of new vehicular access (ii) Other specified operations. § Connection to public drainage system § Connection to public water supply _____________________________________________________________________ (B) RECOMMENDATION Having due regard to the development plan, emerging local plan and all other material considerations, it is recommended that detailed planning permission be granted subject to a Section 75 Agreement and to the conditions appended to this report. _____________________________________________________________________ (C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS (i) Development Plan Context: In terms of the adopted Lorn Local Plan, the site is within the inset map for Connel in an area covered by Policy HO 21 which encourages infill and rounding off development related to the existing built form. It is considered that this site represents a suitable opportunity for infill development consistent with this policy. In terms of the Post Inquiry Modified Argyll and Bute Local Plan, the site is identified as being within the Settlement Zone. Policy STRAT DC 1 of the approved Argyll and Bute Structure Plan and Policy LP HOU 1 of the Post Inquiry Modified Argyll and Bute Local Plan state that within the Settlement Zone in the small towns and villages encouragement shall be given to medium scale housing development on suitable sites which, in terms of siting and design, will visually integrate with the landscape and will be consistent with the local settlement pattern. Accordingly, the proposal is consistent with both the adopted Lorn Local Plan and the Post Inquiry Modified Argyll and Bute Local Plan. (ii) Representations: Eight letters of representation have been received regarding the proposal, full details of which can be found in Appendix A of this report. Created by Neevia Document Converter trial version http://www.neevia.com Created by Neevia Document Converter trial version (iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing: Only 8 representations have been received regarding the proposal, therefore it is not considered that a discretionary hearing is required. (iv) Reasoned Justification for a Departure to the Provisions of the Development Plan. N/A (v) Is the Proposal a Schedule 1 or 2 EIA development: No. (vi) Does the Council have an interest in the site: No. (vii) Need and Reason for Notification to Scottish Ministers. Not required. (viii) Has a sustainability Checklist Been Submitted: Yes. Angus J Gilmour Head of Planning Author: Andrew Swain 01631 567977 Date: 16/03/09 Reviewing Officer: Ian MacIntyre 01631 567951 Date: NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll-bute.gov.uk Created by Neevia Document Converter trial version http://www.neevia.com CONDITIONS AND REASONS RELATIVE TO APPLICATION: 08/01620/DET 1. That the development to which this permission relates must be begun within five years from the date of this permission. Reason: To comply with Section 58 of the Town and Country Planning (Scotland) Act 1997. 2. The proposed access shall be formed in accordance with the Council’s Highway Drawing No. SD08/004 and shall have visibility splays of 2.4 X 60 metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority . Reason: In the interests of road safety. 3. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: To enable the opportunity to identify and examine any items of archaeological interest which may be found on this site, and to allow any action required for the protection, preservation or recording of such remains to occur. 4. The development shall be landscaped in accordance with a scheme which shall be submitted to and approved by the Planning Authority before development commences. The scheme shall indicate the siting, numbers, species and heights (at the time of planting) of all trees, shrubs and hedges to be planted and to the extent of any areas of earthmounding, and shall ensure: (a) Completion of the scheme during the planting season next following the completion of the buildings or such other date as may be agreed in writing with the Planning Authority. (b) The maintenance of the landscaped areas for a period of four years or until established, whichever may be longer. Any trees or shrubs removed, or which in the opinion of the Planning Authority, are dying, being severely damaged or becoming seriously diseased within three years or planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure the implementation of a satisfactory scheme of landscaping which will in due course improve the environmental quality of the development. 5. Before development begins and the agreed play equipment is installed a scheme for the maintenance of 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 and include full details relative to the equipment’s ongoing inspection, recorded and certified inspections and the procedures for Created by Neevia Document Converter trial version http://www.neevia.com dealing with defects to the equipment, surfacing and boundary treatment all to the satisfaction of the Planning Authority. Reason: In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors). 6. No dwellings within Phase 2 of the development shall be commenced until the affordable housing units in Phase 1 have been completed. Reason: to ensure the timeous provision of the affordable houses as required by Policy HOU2 of the Post Inquiry Modified Argyll and Bute Local Plan. 7. Prior to work starting on site details of measures to protect the public right of way adjacent to Plot 5 and to advise users of the right of way during construction of the road and dwelling on Plot 5 of construction traffic, shall be submitted to an approved in writing by the Planning Authority. Thereafter, the approved measures shall be maintained during the whole of the construction phase. To ensure that appropriate provision is made for safe continued use of the right of way during construction. 8. The demolition of the railway bridge shall have full regard to the Bat Survey and its Conclusions and Recommendations in respect of the phasing and timing of demolition as submitted by Amec report reference 578800 1580/R1/Rev1. To ensure that demolition activity does adversely affect any bats HEADS OF AGREEMENT FOR SECTION 75 RELATIVE TO APPLICATION REF: 08/01620/DET 1. That sightlines of 60 metres x 2.4 metres x 1.05 metres shall be created and maintained to the satisfaction of the Council; 2. That the applicant shall provide a replacement cattle grid at a location agreed with the Planning Authority in consultation with the Area Roads Engineer. Created by Neevia Document Converter trial version http://www.neevia.com REASONS FOR REFUSAL IN THE EVENT THAT S75 AGREEMENT IS NOT CONCLUDED WITHIN 4 MONTHS RELATIVE TO APPLICATION: 08/01620/DET The proposal due to inadequate access arrangements is contrary to Policy LP TRAN4 of the Modified Finalised Argyll and Bute Local Plan. Created by Neevia Document Converter trial version http://www.neevia.com APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01620/DET MATERIAL CONSIDERATIONS AND ADVICE (i) POLICY OVERVIEW AND MATERIAL ADVICE Approved Argyll and Bute Structure Plan STRAT DC1 – Supports the general
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