THIS REPORT RELATES STIRLING COUNCIL TO ITEM 6 ON THE AGENDA

PLANNING PANEL PLANNING, REGULATION AND WASTE

17 SEPTEMBER 2009 NOT EXEMPT

ERECTION OF DWELLING HOUSE IN PRINCIPLE AT LAND SOME 50M TO NORTH WEST OF STATION HOUSE, THORNHILL, STIRLING - MR & MRS R LAMB - 09/00330/PPP

1 SUMMARY

1.1 The above Application was recommended for Refusal on the weekly Planning Schedule dated 22 July 2009. The Application was referred to the Planning Panel at the request of Councillor Graham Lambie on the grounds that it would be appropriate for the Panel to look at this Application, with reference to Section 6 “Brownfield Sites” in the new Housing in the Countryside Policy.

2 RECOMMENDATION(S)

2.1 To Refuse this Planning Application subject to the following reasons:

1 In the opinion of the Planning Authority, the proposed dwelling house is contrary to Policy H10a of the Stirling Council Local Plan (As Altered) 2007 and in particular to categories 1, 3 and 6 in that:

a) Category 1 - the application site does not form part of a building group/cluster defined as 4 or more buildings, at least 3 of which are houses; furthermore the development of a house on the site is not capable of being viewed as an obvious building which relates to the 2 houses and commercial building to the south and would appear visually incongruous when viewed in relation to the open field setting to the north of the site.

b) Category 3 - the Applicant has failed to demonstrate that there is a genuine need to be housed to manage land in the vicinity for agriculture, horticulture or forestry, or is managing or employed in an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity.

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c) Category 6 - The application site is not brownfield as it has not been significantly degraded by a former activity; since the closure of the former tile works in 1898 the site has naturally regenerated in grass, flowers and bushes. The buildings relating to the tile works have been taken down and the tile works use has been extinguished therefore there is no longer an extant tile works use on the site. The application site is now within a farm holding and has been used for grazing.

2 In the opinion of the Planning Authority, the proposed dwelling house is contrary to Policy H6 of the Clackmannanshire and Stirling Structure Plan 2002 as the Applicant has failed to demonstrate that the dwelling house is essential in association with an enterprise or activity which requires a countryside location.

3 In the opinion of the Planning Authority, insufficient information has been submitted to demonstrate that the site is not prone to flooding in line with SPP7.

3 CONSIDERATIONS

The Site

3.1 The locality of the site is Kippen Station, to the north of the A811 and roundabout which leads off the Kippen to the south. Access to the site is through a field gate which fronts the B822.

The Proposal

3.2 The Application is for Planning Permission in Principle for the erection of a dwelling house.

Development Plan Policy

3.3 Policy 10a of the Stirling Council Local Plan (As Altered) 2007: states that new houses in the Countryside will be permitted in the circumstances set out within 7 policy sub-categories provided that the relevant general planning criteria (8) are also satisfied. In terms of this planning application, the relevant policy sub-categories of development are numbers 1(a).3(b) and 6 which state:

1 - Building Groups and Clusters

(a) Within or adjacent to a Building Group. A Building Group/Cluster is defined as 4 or more buildings (not including small ancillary structures such as domestic garages and outbuildings or any open-sided structures), of which at least 3 are houses, and no building is more than 100 metres from the next; the buildings capable of being viewed as an obvious group in their landscape setting. Although it is expected that most additions will consist of single houses, in appropriate cases, well designed small developments of up to 6 low-carbon houses may also be permitted.

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Building Group, Cluster and Infill development opportunities may be close to identified town and village boundaries. Proposals leading to coalescence will only be supported outwith the Local Development Plan preparation and review process in exceptional circumstances.

3 - Single houses for specific sites or purposes

Outwith Building Groups or Infill situations, single dwellings if:

(b) Required for an Applicant who has a genuine need to be housed to manage land in the vicinity for agriculture, horticulture or forestry, or is managing or employed in an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity. For a newly established business, long-term viability must be demonstrated. If the Council is not satisfied regarding short-term viability, a temporary permission may be granted for a non-permanent form of housing in the interim period.

Where a dwelling is permitted for a manager or employee it may be subject to an occupancy condition or Legal Planning Agreement if the Council considers that there is a particular need to retain workers’ housing in that locality. Applications for the waiver of restrictive occupancy conditions will be granted subsequently if the Applicant can demonstrate that there has been a material change in circumstances since the condition was originally imposed.

6 - Brownfield Sites

The proposal is located on Brownfield land, Brownfield sites are broadly defined as sites that have previously been developed. In rural areas this usually means sites that are occupied by redundant or unused buildings or where the land has been significantly degraded by a former activity.

The proposed houses should be of a number, scale and design appropriate to the landscape setting, and to the services and infrastructure available at the location.

3.3 Policy H6 of the Clackmannanshire and Stirling Structure Plan 2002 states new housing in the countryside will only be acceptable where it is essential in association with an enterprise or activity which requires a countryside location, subject to design and locational criteria defined through Local Plans and to a Section 75 Agreement or planning condition restricting occupancy.

Applicant’s Case

3.4 The Applicants have stated that when the tile works were abandoned in 1898, the buildings were demolished, the railway siding removed and the site cleared, the land was incorporated back into Fordhead Farm. However, due to the former use, and the fact that large quantities of broken tiles, etc, had been dumped on the site, and the remaining footings of the former buildings, the land has not been capable of productive use. Photographs clearly show the difference in levels between the site, and the surrounding agricultural land, from which the clay raw material was excavated, leaving the site of the works at the original ground level.

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3.5 The Applicants consider that the site complies with the new Housing In The Countryside Policy (now Policy H10A) section 6, relating to Brownfield Sites in that this proposal is clearly located on brownfield land which has been “significantly degraded by the former activity.” In addition, they also claim that, whilst not perhaps strictly complying with criteria set out in para 1 Building Groups and Clusters, a dwelling on this site would, in effect, be clearly identifiable with the group of building, both residential and commercial, which exist at Kippen Station. However, since the proposal meets the requirements of para 6, full compliance with the requirements of section 1 is unnecessary.

3.6 The Applicants further argue that the site can be considered to be “derelict, brownfield” land as the site is within the “agricultural holding boundary”, but this does not, however, implicitly suggest that the area has any productive use. The application site is not used for grazing, nor does it have any alternative productive use. The site has very little soil covering and is incapable of being ploughed or improved, due to tile debris close to the surface and, consequently, supports nothing other than weeds and wild scrub grasses. In effect, it has the same ”value” as watercourses and woodlands. The application site has not been fenced since there are no materials which would be hazardous to stock, and fencing would limit the ability of farm vehicles to work close to boundary between the application site and the field. Inevitably, sheep do wander onto the application site, but this offers nothing by way of nutrition, and definitely does not contribute to the productive capacity of the land.

3.7 Given that there are no hazardous “contaminants” in the land, it is an ideal site to accommodate a single dwelling.

Assessment:

3.8 The status of the site in planning terms is not considered to be brownfield as it has not been significantly degraded by former activity. The site has naturally regenerated into a meadow. It is mainly grassed with wild flower/bushes and the appearance of the site does not detract from the amenity of the surrounding countryside. The tile works closed in 1898. As the buildings relating to the tile works have been taken down and the tile works use has been extinguished there is no longer an extant tile works use on the site. The Applicant's Agent has advised that the site is part of a farm holding. It is recognised that not every part of a farm is in productive use in terms of e.g. crops growing and there are areas within the boundaries of a farm that are not productive. Representation from adjacent neighbours at Station House states that the land has been used for grazing sheep for extensive periods of time over the previous 21 years. Category 1 of Policy H10a defines a building group/cluster as 4 or more buildings of which at least 3 are houses and no building is more than 100 metres from the next and the buildings are capable of being viewed as a building group. The site is located within 100 metres of 3 buildings of which 2 are houses, therefore the proposal could not be justified as being part of a building group. Also, the development of a house on the site is not capable of being viewed as an obvious building which relates to the 2 houses and commercial building to the south and would appear visually incongruous when viewed in relation to the open field setting to the north of the site.

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3.9 As the proposed house is not on a brownfield site and is not part of a defined group/cluster the proposed house is contrary to the Policies requiring an applicant to demonstrate a genuine need to manage an established rural business.

3.10 The Council's Flood Officer had advised the proposed development site lies on the boundary of both the SEPA indicative flood map and the Stirling Council flood map for the 1 in 200 year event and objects to the proposed development in the absence of any information on flood risk. The Council's Flood Officer advises that planning permission is not granted for this site without information on flood risk and a topographical information including pre-development and post-development site levels and proposed floor levels may be sufficient to remove this objection. A topographical survey was requested - the Agent has advised that there is no recollection of the site ever having flooded and would only be willing to have it done if the Application is acceptable in principle.

Objections

3.11 One objection has been received from the adjacent Station House, detailing the following:

(a) Loss of amenity. The proposed dwelling house would lie adjacent to our own house, Station House, and occupy a commanding location on our north boundary. The structure would obscure the fine view we enjoy of the open countryside backed by the beautiful Perthshire hills, Ben Ledi, Stuc a Cronin and Ben Vorlich. The enterprise would bring noise and disturbance where there is currently peace and tranquility expected in a quiet country living.

(b) Traffic hazards. The proposed access to the planned dwelling house is via a farm lane which opens onto the B822 at the apex of a ninety degree bend on this road. The letter of support states that access would cause no difficulties to passing traffic and there was no history of traffic accidents. Unfortunately this is not true: there have been a series of accidents over the years we have lived here. These accidents comprise vehicles travelling north on the B822 and failed to take the bend (at the location of the arrow on the Applicants’ plan) and ended up in the field, and also vehicles travelling in the opposite direction i.e. travelling towards Kippen. In one incident, the vehicle collided with our fence (at the point where the level crossing gates were located) and then crashed into Glen Tirran, our neighbour’s house. Very recently a motor cyclist was in collision with a lorry right on the bend by the signal box, and he required police assistance.

(c) There are one and perhaps two overhead lines above the proposed site and their future would need to be considered when the Application itself is considered.

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(d) As far as the current use of the land is concerned it has been used for grazing (sheep) for extensive periods of time for as long as we have been at Station House (21 years) and I assume that this establishes that it has been, and still is, capable of beneficial use for agricultural purposes. Do you envisage that a scientific or agricultural verification will be carried out on the site before a decision is taken as to whether or not the site can be classified as brownfield degraded land?

(e) Rubble has been dumped on the site from time to time over a number of years. I’m afraid I can’t be specific as to the first or last time dumping took place.

4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS

Policy Implications Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Corporate/Service Plan No Existing Policy or Strategy No Risk No Resource Implications Financial No People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes

Policy Implications

4.1 Refusal of the Application would be in accordance with the Development Plan.

Resource Implications

4.2 None.

Consultations

4.3 Environment Services Transport Development: The application site is located on the west side of the B822 Kippen to Thornhill Road approximately 230m from its junction with Kippen Station Roundabout. The B822 at this location is de-restricted and subject to the national speed limit of 60mph. Access to the site is proposed via an existing field access.

The proposal is contrary to all current national policy, regional and local transport strategies in terms of encouraging the location of development to minimise the need to travel and to maximise the accessibility of sites by sustainable transport modes. The site is not located within easy walking distance of a public transport route and travel movements will be heavily reliant on car usage.

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However the following conditions be applied to any recommendation for approval.

Parking Requirements: The current parking requirements for a dwelling house are 2 spaces for a 3 or 4 bedroomed house and 3 spaces for 5 or more bedrooms.

Vehicle Turning Facility: A standard vehicle turning facility shall be provided within the curtilage of the site.

Driveway Construction: Driveways should not exceed gradients of 1:10 and should be suitably drained and surfaced to ensure no surface water is discharged or loose material is carried from it out onto the public road.

Access: Access to the site shall be taken via a standard bellmouth located between the existing chevrons formed comprising minimum 3m radii, leading to an entrance throat width of 5m. All works shall be constructed to this Services “Development Roads Guidelines and Specifications”. The existing chevrons may require to be repositioned to the rear of the verge outwith the visibility splays of the proposed access.

Visibility: Visibility at the new access shall be provided and maintained by forming visibility splays of 2.5m x 70m in either direction from the centre of the proposed access, within which there should be no obstruction to visibility above 1.05m above carriageway level.

Access Gates: Any access gates shall open inwards only and be set back a minimum of 6m from the carriageway edge.

4.4 Kippen Community Council: Kippen Community Council was consulted on 19 May 2009 and there response advises no comments.

4.5 Service Manager (Environmental Health): Advice that contaminated land conditions are applied.

5 BACKGROUND PAPERS

5.1 Planning Application file 09/00330/OUT. File can be viewed online at:

http://hbedrms.stirling.gov.uk/PAP/SearchResult.asp?AppNumber=09/00330/ OUT

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Author(s) Name Designation Tel No/Extension

Iain Jeffrey Senior Planning Officer 01786 442987

Approved by Name Designation Signature

Kevin Robertson Head of Planning, Regulation and Waste

Date 9 September 2009 Reference 09/00330/PPP

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