Report No 880/07
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Report No 880/07 ANGUS COUNCIL DEVELOPMENT CONTROL COMMITTEE – 25 SEPTEMBER 2007 PLANNING APPLICATION – LAND AT FIDDLERS ARMS, MONIKIE 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. 2 Report No 880/07 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 Wellbank, Kellas, Newbigging, Murroes and Kingennie. • 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 Monifieth 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 (Scotland) 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.