DEVELOPMENT SERVICES Ward Number - Ward 5 PLANNING APPLICATION REPORT Date of Validity - 09/09/08 , 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

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(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.

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(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 and Bute Local Plan, the site is identified as being within the Settlement Zone. Policy STRAT DC 1 of the approved 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.

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(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

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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 () 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

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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.

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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.

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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 principle of development within the Settlement Zones on appropriate infill, rounding off and redevelopment sites.

Adopted Lorn Local Plan

POL HO 21 – Encourages infill, rounding off and redevelopment related to the existing built form.

Post Inquiry Modified Argyll and Bute Local Plan

LP ENV 1 – Requires that all development should protect, restore or where possible enhance the established character and local distinctiveness of the local landscape in terms of location and scale.

LP ENV 6 – Development Impact on Habitats and Species.

LP ENV 17- Development Impact on Sites of Archaeological Importance

LP ENV 19 – Development shall be sited and positioned so as to pay regard to the context within which it is located.

LP HOU 1 – Establishes a presumption in favour of development unless there is an unacceptable environmental, servicing or access impact.

LP HOU 2 – Contains policies in respect of housing to meet local needs including affordable housing.

LP TRAN 4 – Where an existing private access regime is considered to be of such a poor standard as to be unsuitable for additional vehicular traffic and is not capable of commensurate improvements the proposals will be resisted by the Planning Authority unless the private access regime is brought up to a full adoptable public road standard.

Appendix A – Sustainable Siting and Design Principles on alterations, extensions, conversions, garages and overlooking

Note (i): The applicable elements of the above Policies have not been objected too or have no unresolved material planning issues and are therefore material planning considerations. Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

07/01204/DET – Erection of 18 Detached Dwellinghouses - Withdrawn further to office advice 28/07/08

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(iii) CONSULTATIONS

Area Roads Manager Report dated 07/10/08 – advise no objection subject to various conditions including construction of road, parking and turning being imposed.

Trunk Roads Authority Report dated 10/10/08 – advise no objection.

Scottish Water Letter dated 19/09/08 – advise no objection to the proposal, however does provide some advisory notes for the developer.

Scottish Natural Heritage No objection subject to conditions.

West of Scotland Archaeology Service Letter dated 24/09/08 – advises that there is a high density of sites and finds within the surrounding area and therefore request that should permission be granted a condition requiring a controlled topsoil strip to be undertaken along with a condition to secure the implementation of a suitable programme of archaeological works be imposed.

Oban Airport Letter dated 12/11/08 – advises no objection to the proposal.

(iv) PUBLICITY AND REPRESENTATIONS

The proposal has been advertised in terms of Article 9 Vacant Land procedures, closing date 09/10/08. 8 letters of representation have been received.

Edward Derrick, Ardlynn, Deirdre Road, Connel, PA37 1PH by letter and e-mail (20/09/08) LJ and CW Scott, 11 Ferryfield Road, Connel, PA37 1SR (17/09/08) MacArthur Stewart (on behalf of Misses MacPhee, Ardoran, Connel) (18/09/08) Mr C. Joss, 2 Deirdre Cottages, Connel, PA37 1PL (19/09/08) John Fairlie, 6 Ferryfield Road, Connel, PA37 1SR (undated) Murdoch MacKenzie, 4 Ferryfield Road, Connel, PA37 1SR (18/09/08) Mrs S.I. Wilberforce, 8 Ferryfield Road, Connel, PA37 1SR (24/09/08) J M Harrison, 8 Ferryfield Drive, Connel, PA37 1SP (06/10/08)

The points raised can be summarised as follows:

§ The proposal will result in a loss of privacy to existing dwellinghouses.

Comment: Given the layout of the proposed dwellings and their relationship to existing it is not considered that privacy would be compromised

§ The proposal will result in a loss of natural light to existing dwellinghouses.

Comment: Given the layout of the proposed dwellings and their relationship to existing it is not considered that existing levels of natural light would be compromised

§ The proposal will have an adverse impact on the surrounding landscape.

Comment: The site is within the designated settlement area of Connel and it is considered that the development of the site will provide an acceptable rounding off of the existing settlement at this location.

§ The density of the development is too great, the site is only suitable to accommodate 10/12 dwellinghouses.

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Comment: It is considered that the layout as amended is acceptable and in keeping with the surrounding developments.

§ The proposal does not give consideration to parking requirements for these new dwellinghouses.

Comment: The Area Roads Manager has advised that the layout is acceptable.

§ A footpath leading to the new development is required.

Comment: The Area Roads Manager has advised that a new footpath is to be provided on both sides of the new road.

§ The cattle grid will need to be moved.

Comment: The Area Roads Manager has advised that the cattle grid is to be moved to the far side of the railway bridge in conjunction with local farmers.

§ It is noted that this application was submitted within 3 weeks of withdrawing the previous proposal with the only difference being 4 affordable units, is this to influence the Planning Department.

Comment: The Post Inquiry Modified Argyll and Bute Local Plan has a requirement for affordable housing provision on sites proposing more than 8 units.

§ The footpath/right of way adjacent to “Ardlynn” leading to Connel Bridge will deteriorate with more regular use as a result of the new dwellinghouses and must be maintained.

Comment: The footway will become part of the existing footway network.

§ The proposal will result in increased noise pollution, littering and dog fouling.

Comment: This is not a material planning consideration in the determination of this application.

§ The development should incorporate a comprehensive and formally agreed landscaping programme to minimise its impact.

Comment: A condition requiring the submission of a landscaping scheme will be attached to the permission.

§ Plot 6 (previously Plot 4) does not have a minimum 100sq m garden as discussed at a previous meeting.

Comment: The garden areas to the side and rear of the dwelling exceed the required minimum of 100sq m

§ Would the existing access from the rear west boundary of 2 Deirdre Cottage to the public right of way be maintained.

Comment: This is not a material planning consideration in the determination of this application but a private legal matter.

§ Road safety issues due to the potential increase in traffic.

Comment: The Area Roads Manager has raised no objection to the proposal subject to the imposition of conditions.

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§ The proposal does not show any provision for utility services, particularly water and sewerage and the system may not cope with further dwellinghouses.

Comment: Scottish Water has raised no objection to the proposal but does advise that they will have to assess the impact the proposal will have on the existing infrastructure and will require the developer to submit a fully detailed Development Impact Assessment(sent to Scottish Water 27/07/08).

§ There are bats, a protected species, nesting in the old railway bridge which it is noted is to be demolished.

Comment: SNH have reviewed the findings of a ‘Bat Survey’ which has found that there are no bats present within the structure but recommend condition to further ensure that best practise is followed when demolition of the bridge is commenced to further check that no bats use the structure.

§ Should the Council require the Barran Road to be upgraded, any encroachment onto land owned by Ferryfield Residents would require their agreement.

Comment: This is a legal matter.

§ Issues regarding the application and its processing, many inconsistencies between the details shown and the application form, such inconsistencies making it difficult for consultees to respond constructively.

Comment: The application form were subject to changes which ensured that the description of the proposal reflected the proposal shown on the drawings.

§ The proposal was not advertised on 25/09/08 as stated and has not been advertised publicly at all.

Comment: The application was subject to normal advertising in the Oban Times and at the Local Post Office

§ Inaccuracies in neighbour notification procedures.

Comment: The notification undertaken ahs ensured that all neighbours have notified.

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APPENDIX B – RELATIVE TO APPLICATION NUMBER: 08/01620/DET

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The adopted Lorn Local Plan, the site lies within the Inset Map for Connel in an area covered by Policy HO 20 which identifies the site as suitable for private residential development. 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.

It is therefore considered that the proposal to develop this site for 20 dwellings is consistent with the provisions of the approved settlement strategy STRAT DC 1 contained in the Structure Plan and with the provisions of Policy HOU1 of the Post Inquiry Modified Argyll and Bute Local Plan .

B. Location, Nature and Design of Proposed Development

The proposal as amended comprises a residential development taking vehicular access off the UC19 Barran – Connel Road some 110m or thereby south of its junction with the A828. The site is generally triangular and occupies the junction between the existing Oban to Tyndrum railway line and the two spurs which previously carried the railway to and from the Connel Bridge to the north of the site. The line to the south of the site is occupied by the existing operational railway. The western boundary of the site is defined by the area previously occupied by the railway line which crossed the Barran road by way of a redundant stone over bridge, The approach embankments to this bridge have been long removed with the northern area of this line emerging as an earth cutting where the site meets with the curve of the A828 approach to the Connel Bridge. The eastern boundary is defined by a prominent rock cutting which previously carried the other railway approach to the Connel Bridge. There is a right of way which traverses the site at its northern end linking the A828 with Deirdre, this is to be incorporated into the proposed layout.

The site rises up from the Barran Road and then falls again to the former yard area at the northern end of the site. There are 2 distinct high points within the site one towards northern portion of the site with the other on the eastern boundary through which the aforementioned railway cut is driven. The area to the south of the application and bounded by the operational railway is low lying and contained as it by the railway, very boggy and contains areas of standing water. The vehicular access passes the length of the site from south to north and terminates in a turning head with a spur running parallel to the railway with its own turning head. The development comprises 14 1 ½ to 1 ¾ storey detached dwellings, 2 single storey units and 4 affordable units in 2 storey block.

The road layout as described above comprises an inverted ‘T’ shaped road layout with the main section of the road running south to north with the affordable units located on the western side of the road and 7 detached units aligned along its eastern side. This section of road terminates in a turning head with a single house at its head. This unit will occupy a prominent position on the site as it will be clearly visible to south bound travellers coming off the Connel Bridge. The proposal includes an area of landscaping at this position which will form an important part in providing the setting for the development. The horizontal section of the ‘T’ shaped road will generally be aligned east/west with the railway and set as it is against the railway boundary provide distance between the active railway line and the front elevations of the proposed houses, although there will be 2 houses which are relatively close to the

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railway land. Given the low frequency of trains on this branch line it is not considered that the amenity of these dwellings will be significantly adversely affected.

The proposal incorporates extensive land forming with the high point within the central portion of the site being lowered and the resultant material used to infill the former railway rock cutting and raising the lane adjacent to southern boundary of the site. A portion of the reformed railway cutting will then be occupied by a communal play area.

It is therefore considered that the proposal is consistent with the provisions of Policy ENV19 and Appendix A of the Post Inquiry Modified Argyll and Bute Local Plan.

C. Natural Environment

The site occupies the area enclosed by 3 railway lines and generally comprises rough overgrown scrub land with no recognised importance for its natural history interest. The redundant railway bridge which spans the Barran Road was considered as a possible roost but a study undertaken on behalf of the applicant has failed to indentify the presence of any bats. The findings of this report have been subject to review by SNH who concur with the reports findings.

It is therefore considered that the proposal is consistent with the provisions of Policy ENV6 of the Post Inquiry Modified Argyll and Bute Local Plan

D. Built Environment

The area surrounding the application site is residential, with dwelling houses located east and west of the application site with the railway providing a distinct boundary to the built up area of this part of Connel to the south. The proposed development will not interfere with the settlement pattern of the area and is designed so as to ensure minimum impact on the environment.

It is therefore considered that the proposal is consistent with the provisions of STRAT DC1 of the Approved Structure Plan.

E. Affordable Housing/Archaeological Matters/

The proposal incorporates 4 affordable dwelling units, each comprising a 2 bed low cost unit, suitable as starter homes or for the retired. In addition these have been shown as comprising part of the 1 st phase of development which ensures that they are provided together with first 6 mainstream dwellings but before the commencement of a 2 nd phase comprising the remaining 10 units thus ensuring the timeous provision of the affordable units.

West of Scotland Archaeological Service have been consulted and have requested that should permission be granted a condition requiring a controlled topsoil strip to be undertaken along with a condition to secure the implementation of a suitable programme of archaeological works be imposed

It is therefore considered that the proposal is consistent with the provisions of Policy HOU2 and ENV17 of the Post Inquiry Modified Argyll and Bute Local Plan

F. Road Network, Parking and Associated Transport Matters.

Vehicular access is proposed off an improved existing access currently serving a single private dwelling. The proposed improvements have been subject to discussion with Trunk

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Roads and Area Roads Departments and agreed to the improvements, this includes the provision of an enhanced visibility splay. This requires the removal of the disused railway over bridge over the UC19 and the relocation of an existing cattle grid; this will require that an appropriate Section 75 agreement be concluded as is not under the applicant’s control.

It is therefore considered that the proposal is consistent with the provisions of Policy LP TRAN4 of the Post Inquiry Modified Argyll and Bute Local Plan.

G. Infrastructure

It is proposed to connect to mains electricity, mains drainage and public water supplies, the proposal has also been assessed by Scottish Water in respect of the latter 2 connections and have offered no objections.

It is therefore considered that the proposal is consistent with the provisions of LP SERV1 and 4 of the Post Inquiry Modified Argyll and Bute Local Plan.

H. Conclusion.

The development is consistent with the provisions of both the Lorn Local Plan and the Post Inquiry Modified Argyll and Bute Local Plan and having due regard to the Development Plan and all other material considerations it is recommended that the application be granted subject to a Section 75 Agreement and the conditions and reasons outlined in this report.

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