Report No 880/07

ANGUS COUNCIL

DEVELOPMENT CONTROL COMMITTEE – 25 SEPTEMBER 2007

PLANNING APPLICATION – LAND AT FIDDLERS ARMS, Grid Ref. No: 349941 : 738500

REPORT BY THE DIRECTOR OF INFRASTRUCTURE SERVICES

Abstract: This report deals with application Nos. 06/01561/FUL and 07/00228/FUL for full planning permission for the erection of a Children’s Nursery and Ancillary Car Parking Area and to vary Condition 17 of planning permission 07/00228/FUL for Technotots Nursery on the site of the Fiddlers Arms, Monikie. These application are recommended for conditional approval.

1 INTRODUCTION

1.1 The application site, which extends to approximately 710 square metres in area, is located to the west of Panmure Road and the Country Park. Adjacent to the site to the north and west a housing development of 7 units is currently being constructed. To the east of the site lies the former granary and old market sites which are currently being redeveloped for 64 dwellings. To the south of the site lies a field access for the agricultural land located further west. The site is located within the development boundary for Monikie as defined by the Angus Local Plan (2000).

1.2 The applications are for full planning permission for the (1) erection of a children’s nursery and ancillary parking area and (2) variation of Condition 17 of planning permission 04/00428/FUL to delete reference to public house and replace with children’s nursery. The drawings submitted in connection with the applications indicate a contemporary designed nursery with a double roof apex. The drawings indicate that parking would be provided to the rear and a children’s play area would be provided to the front The application form indicates that no trees require to be felled and drainage arrangements to serve the proposed houses are suggested to be foul drainage to the public sewer and surface water to a soakaway. A new access is proposed to be formed to the rear of the nursery.

1.3 The application has been advertised as potentially contrary to the development plan.

2 RELEVANT PLANNING HISTORY

2.1 An outline planning application was submitted in 2003 for the demolition and reconstruction of the public house and the erection of 7 dwellings (ref: 03/00965/OUT). The application was conditionally approved.

2.2 Detailed planning permission was obtained in connection with the above in 2004 (ref: 04/00428/FUL). This was again approved conditionally and subject to the following condition which the applicants propose to vary:-

17. That the public house be erected and completed prior to work commencing on the sixth and seventh house approved as part of this consent.

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2.3 An application was made in 2006 to erect a children’s nursery in place of the previously approved pub. The application was not accompanied by sufficient information and was subsequently withdrawn (ref: 06/00406/FUL).

3 APPLICANT'S CASE

3.1 The applicant has submitted a range of information in support of the applications. This is summarised as follows:-

• The public house is not viable. The site has been marketed for sale and two major operators in the area who have suggested that it would not be viable (copies of correspondence provided).

• The site was marketed for sale or lease by Shepherds between August 2004 and March 2005 (7 months). This consisted of direct approaches to pub chains as well as newspaper advertising.

• The Community Council were approached and seemed generally supportive although some attendees expressed a desire to retain the pub.

• Technotots provide a new model for childcare for the 21st century. Parents can monitor their children through the Technotots website.

• The nursery would be open between 0700 and 1800 and as such would be a much better neighbour to the adjacent houses than the approved public house.

• Demand is high for places at Technotots and a waiting list of 41 children existed at the time of writing.

• The nursery has been designed with a green ethos and it is intended to incorporate rainwater harvesting, solar and wind energy.

• The nursery will cater for the wider rural area as well as Monikie serving the settlements of , Kellas, Newbigging, and .

• There are currently no other playgroups in Monikie and the school has only a limited nursery which does not cater for parents in full time employment.

• The nearest nursery facility is in and Broughty Ferry.

4 CONSULTATIONS

4.1 Scottish Water has offered no objection to the proposal.

4.2 The Head of Roads has viewed the plans and has offered no objection to the proposal.

5 LETTERS OF REPRESENTATION

5.1 Fifty (50) letters of representation have been received in connection with the proposal. The unique letters are copied at the end of this report. The letters make reference to the following points:- 3 Report No 880/07

In objection:-

• Insufficient car parking on offer

The Head of Roads has viewed the plans and has accepted the proposed car parking arrangements and offered no objection.

• Loss of community facility (pub) if nursery allowed

• Nursery not guaranteed to help local children – first come first served

• Lack of facilities for older children in the village

• No other local meeting point currently in the village

• The Craigton Coach Inn is inaccessible by foot

• Services should be retained to support expanding village

• Insufficient evidence submitted to demonstrate a public house on the site is not viable

• Evidence of demand for nursery should be submitted

• The design of the proposed nursery is poor and would not complement Monikie

• Loss of tourism and visitors to Park

The above matters are tackled in Section 5 Planning Considerations.

In support:-

• If the pub had been used the sale of it would not have been necessary

• Nursery good proposal as avoids public house being constructed

• Public House inappropriate and unnecessary in centre of village due to potential for noise and disturbance

• Craigton Coach Inn in close by and provides a public house facility

Comments noted.

6 PLANNING CONSIDERATIONS

6.1 Sections 25 and 37(2) of the Town and Country Planning () Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 In this case the development comprises: -

• Dundee and Angus Structure Plan (Approved 2002) (DASP); 4 Report No 880/07

• Angus Local Plan (Adopted 2000) (ALP).

The Development Plan is current and up-to-date and in this respect merits considerable weight in the determination of the proposal.

6.3 Although the Development Plan is current and up-to-date, Angus Council has been undertaking a review and roll forward of the ALP and the Finalised Angus Local Plan Review (2005) (FALPR) was approved by Angus Council at their meeting on 15 December 2004. The FALPR establishes policies and proposals for the period to 2011, taking into account the guidance from the DASP. Although not yet part of the statutory Development Plan the FALPR (including Committee approved modifications) has reached the stage where it is a material consideration to be taken into account in the determination of this planning application. In this report policies of the FALPR have been referred to when the said policy is materially different to the ALP to the extent that, as a consequence the recommendation contained within this report has been substantially influenced.

6.4 The determining issues in this case are whether:-

• the proposal complies with development plan policy; • whether the development of a nursery and not a public house would have a detrimental impact on service provision for the residents of Monikie.

6.5 Employment Policy 7 of the Dundee and Angus Structure Plan (2002) is applicable to proposals which involve rural employment. This policy states:-

EMPLOYMENT POLICY 7 : RURAL EMPLOYMENT

Proposals for economic or employment related development in the rural areas will be supported where they do not adversely affect local environmental quality. In determining development proposals account should be taken of: -

• contribution to diversification of the local economic base,

• integration with the existing pattern of development,

• availability of infrastructure including access to transport connections,

• availability of local workforce to minimise travel to work journeys; and

• the environmental policies of this plan

6.6 I do not consider that the development of a nursery in this location would be contrary to the spirit or provisions of Employment Policy 7.

6.7 In terms of the ALP, the site sits within the settlement boundary of Monikie and carries no specific land use allocation. The proposal therefore requires to be considered against Policy ENV 5. This Policy states:-

Policy ENV 5: Development in Existing Built-Up Areas

Within defined development boundaries planning applications for new development on sites not identified on the inset Proposals Maps will only be permitted where the 5 Report No 880/07

proposals accord with the Development Strategy and other policies of the Local Plan. Proposals leading to significant loss of amenity and character of the surrounding area will not be permitted.

6.8 Angus Council has a history of this type of planning application whereby a community facility is at risk of being lost. When the redevelopment of the Fiddlers site was being considered in 2003/2004, some housing was permitted in addition to the replacement public house and a legitimate expectation existed amongst the local residents that the public house would be reinstated. The local plan provides no policy basis which would provide a test to specifically assist in assessing this type of proposal. Notwithstanding that, an application was submitted in Auchmithie for the replacement of the hotel with private dwellinghouses which was refused by members of the Development Control Committee due, at least in part, to the loss of a community facility. This decision has been referred to in many of the representations received. I therefore intended to explore the circumstances of this site relative to the Auchmithie circumstances and related decision to consider whether the proposal would have a detrimental impact on the character and amenity of the area as detailed in Policy ENV 5.

6.9 The decision of refusal at Auchmithie was appealed and the appeal was dismissed by the Scottish Ministers (ref: P/PPA/120/112). The appeal reporter commented in his decision letter that ‘it is implicit that the council considers the hotel to be an integral part of the living and working community and that its major concern is the impact which the loss of the hotel might have on the overall well being of the village’. The reporter also commented that the loss of the hotel could result in Auchmithie becoming a less attractive location to reside in. Further to this, the reporter stated that the main consideration was whether the facility could be run as a viable business and whether the business had been marketed.

6.10 In considering the proposal for a nursery at the Fiddlers site, it is important to consider the different circumstances which apply to Monikie when compared to Auchmithie. Monikie currently contains a shop and the Craigton Coach Inn is located close by at Craigton of Monikie. In addition to this planning permission has recently been granted in the Country Park for a restaurant. As such, a public house, restaurant and local shop are all presently available. Auchmithie was solely dependant on the hotel business which existed at the time of the application. The proposal to add a nursery would add to the range of services currently on offer within the settlement. There is a reasonable prospect of this coming forward where as there appears to be no interest in bringing forward the public house. The nursery would complement the large number of dwellings recently completed, under construction or with planning permission which totals 74 units.

6.11 In considering whether the Fiddlers business is viable, it is important to note that no business currently exists and as such the proposal does not affect a going concern. Details submitted on behalf of the applicants include a letter from the former operator who has indicated that the business was not viable. No evidence has been submitted to quantify this claim however the applicant has indicated that the books could be made available to a nominated Council official. Two letters have been submitted from local leisure businesses indicating that they do not consider that a public house/restaurant would be viable on this site. While I do not consider the evidence submitted proves beyond reasonable doubt that the business would not be viable, as previously stated there is no specific policy basis requiring the applicant to 6 Report No 880/07

provide this and the proposal is for an alternative service rather than removing a service.

6.12 The second test provided by the Auchmithie appeal decision related to marketing of the business. Details have been submitted from a local chartered surveyor and estate agent indicating that the development was marketed for sale between August 2004 and March 2005 for a period of around 7 months. The estate agent has indicated that the feedback received suggested the recurring concern was the requirement to develop the public house with its limited letting/sale prospects and its impact on the desirability and values of the new dwellings. The reporter at Auchmithie did not detail what he considered to be an appropriate period for marketing. Given that the site was marketed for around 7 months, reasonable attempts appear to have been made to find a party to reinstate the public house, indeed one approached business suggests that the public house was offered at a discounted price. The applicant has considered this position and the proposed children’s nursery would provide an alternative service which would be available to residents of Monikie and the surrounding area.

6.13 While I sympathise with the objectors and their expectation that a public house would be reinstated on the Fiddlers site, there is no specific planning policy basis on which to refuse the nursery proposal. The Auchmithie circumstances are clearly materially different to those that exist within Monikie, given the existing services within the village coupled with the fact an alternative service is being proposed as part of the application. Indeed, the applicant points out that were a public house proposed for this site today it may pose planning policy issues relative to Policy TCR 17 of the ALP.

6.14 Returning to Policy ENV 5, the proposal to replace a public house with a children’s nursery does not in itself conflict with the development strategy for Monikie which mainly focuses on housing development and infrastructure issues within the settlement. There are no other policies contained within the local plan which are specifically relevant to this proposal. The proposal for a children’s nursery which would operate during the daytime would likely have a much lesser impact on the amenity of the adjacent neighbouring property than the potential impact caused by a public house. I do not consider that the nursery proposed would have a detrimental impact on the character of the area and the contemporary design proposed is considered appropriate along this main through route, which has a range of new and old designs existing or currently being developed. I therefore consider the proposal to accord with Policy ENV 5.

6.15 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. In this case the proposal is considered to satisfy the tests provided by Employment Policy 7 of the DASP and Policy ENV 5 of the ALP. I have considered carefully the circumstances surrounding the Auchmithie appeal decision in respect of the comparable circumstances and this is not considered to be a material consideration which would warrant refusal of the applications and as such the applications are recommended for conditional approval.

7 HUMAN RIGHTS IMPLICATIONS

7.1 The recommendation in this report for grant of planning permission, subject to conditions, has potential implications for neighbours in terms of alleged interference with privacy, home or family life (Article 8) and peaceful enjoyment of their 7 Report No 880/07

possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this report justifying this recommendation in planning terms, it is considered that any actual or apprehended infringement of such Convention Rights, is justified. The conditions constitute a justified and proportional control of the use of the property in accordance with the general interest and have regard to the necessary balance of the applicant’s freedom to enjoy his property against the public interest and the freedom of others to enjoy neighbouring property/home life/privacy without undue interference.

8 RECOMMENDATION

8.1 It is recommended that the applications approved subject to the following conditions:-

Application No. 06/01561/FUL Erection of children’s nursery

1. That the development hereby permitted shall be begun before the expiration of five years from the date of this permission. Reason: In order to comply with the requirements of the Town and Country Planning (Scotland) Act 1997.

2. That no alterations or amendments be made to the details contained in the approved and docqueted plans unless so indicated by conditions attached to this consent or agreed in writing with the Planning Authority. Reason: For clarification purposes and for the avoidance of any possible misunderstanding.

3. That a minimum of 9 car parking spaces shall be provided within the site curtilage prior to the opening of the children’s nursery. Reason: In the interests of road traffic and/or pedestrian safety.

Application No. 07/00228/FUL Variation of condition 17 of planning permission 04/00428/FUL

17. That the children’s nursery subject of application 06/01561/FUL shall be erected and completed prior to work commencing on the sixth and seventh house approved as part of planning permission 04/00428/FUL.

NOTE

No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report.

P&T/ET/IAL 18 September 2007

Eric S. Lowson Director of Infrastructure Services