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Cllr. Rory Colville PLANNING APPLICATION REPORT Date of Validity - 27Th November 2003 MID ARGYLL, KINTYRE and ISLAY Committee Date - 7Th July 2004

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Cllr. Rory Colville PLANNING APPLICATION REPORT Date of Validity - 27Th November 2003 MID ARGYLL, KINTYRE and ISLAY Committee Date - 7Th July 2004 DEVELOPMENT SERVICES Local Member - Cllr. Rory Colville PLANNING APPLICATION REPORT Date of Validity - 27th November 2003 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 7th July 2004 Reference Number: 03/02167/DET Applicants Name: Anglo House Scotland Ltd. Application Type: Detailed Planning Permission Application Description: Erection of 3 dwellinghouses with garages Location: Plots H, I & J, Sound of Kintyre, RAF Machrihanish, Campbeltown (A ) THE APPLICATION (i) Development Requiring Express Planning Permission: • Erection of 3 detached dwellinghouses with attached garages. (ii) Other Aspects of the Proposal: • Formation of vehicular access from each plot onto estate road. • Formation of two on site parking spaces per dwellinghouse. • Connection to an existing private sewer. • Connection to an existing private water supply. (B) RECOMMENDATION It is recommended that the application be approved subject to the standard conditions and reasons and the conditions and reasons attached. (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The application relates to the development of three detached dwellings on infill plots within the settlement of RAF Machrihanish. The development is consistent with the provisions of POL HO 6A of the Kintyre Local Plan (1st Review & Alteration) 1988, with STRAT DC 1 of the Argyll and Bute Structure Plan 2002 and with the provisions of the Argyll and Bute Local Plan (Consultation Draft 2003). There are no objections to the proposal from consultees. Six letters of representation have been received in respect of the current proposal from nearby residents, who are primarily concerned at the prospect of loss of views, and the adequacy of the private sewer and water supply to serve additional dwellings. Loss of outlook is not a planning consideration. The Head of Public Protection is satisfied with the adequacy of the MOD water supply, and with appropriate conditions, development can be prevented from taking place until the appropriate discharge consent is in place from SEPA. There is therefore no reason why permission ought not to be granted for this infill development within the boundaries of an established settlement. Angus J Gilmour Head of Planning 14.6.04 Author: Peter Bain – 01546 604082 Contact officer: Richard Kerr – 01546 604080 F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001359\AI00015355\PLANNINGAPPLICATION0302167SOUNDOFKINTYREMACHRIHANISH0.DOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02167/DET 2. No development shall be commenced until written confirmation has been obtained from SEPA and presented to the Council as Planning Authority confirming that the requisite SEPA discharge consents for the existing private sewerage system, operated by the Defence Estates, have been obtained, and that such consents allow for the connection of the proposed dwellings to this sewerage system. Reason: In the interest of public health. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001359\AI00015355\PLANNINGAPPLICATION0302167SOUNDOFKINTYREMACHRIHANISH0.DOC APPENDIX RELATIVE TO APPLICATION 03/02167/DET A. POLICY OVERVIEW Argyll and Bute Structure Plan 2002 STRAT DC 1 – Encouragement shall be given, subject to capacity assessments, to development in the settlements as follows: A) Within the Main Towns … B) Within the Small Towns and Villages … C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off, and redevelopment sites; in exceptional cases medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction development or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Developments in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan. Kintyre Local Plan (1st Review and Alteration) 1988 POL HO 6A – The Council will continue to encourage the development of small redevelopment and infill sites, including “rounding-off” for housing in ……… RAF Machrihanish. Argyll and Bute Local Plan (Consultation Draft 2003) STRAT DC 1 – replicates the Structure Plan policy detailed above. B. OTHER MATERIAL CONSIDERATIONS (i) Site History Detailed planning permissions (00/00919/DET & 03/00564/DET) have previously been granted for the alteration and extension of the former M.O.D. housing at Machrihanish. These consents have now been partially implemented. Further to this detailed planning permissions (refs. 02/01960/DET & 03/01027/DET) have been approved for the erection of 5 additional dwellinghouses on infill sites within the boundary of the former M.O.D housing estate. (ii) Consultations NATS (05.12.03) – No objections. Head of Public Protection (05.12.03) – No objections. HIA (08.12.03) – No objections. The Coal Authority (09.12.03) – No objections. Area Roads Engineer (11.12.03) – No objections. SEPA (19.01.04 &20.05.04) – No objections subject to conditions. (iii) Publicity The application has been advertised in the Campbeltown Courier (published 05.12.03) under the provisions of Article 9 of the Town and Country Planning (General Development F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001359\AI00015355\PLANNINGAPPLICATION0302167SOUNDOFKINTYREMACHRIHANISH0.DOC Procedure)(Scotland) Order 1992 in respect of ‘vacant land’ that adjoins the application site. Six letters of representation have been received in respect of the current proposal from: Jean M Kiani, 101 Sound of Kintyre, Machrihanish, Campbeltown (received 09.12.03); Hamish McCaig, 4 Balahama Road, Drymen, Glasgow, (15.12.03); Dr Patrick Prosser, University of Glasgow, Dept. of Computing Science, 8-17 Lilybank Gardens, Glasgow (18.12.03); Robin R. Targett (Chairman Hillcrest Court Lease-holders Assoc.), Flat 40, Hillcrest Court, Pulham Mkt., DISS, Norfolk, (18.12.03); Anne McMullen, 99 Sound of Kintyre, Machrihanish, (24.12.03); Thomas H. Brown & C. Brown, 73 Sound of Kintyre, Machrihanish, Campbeltown, (21.04.04). The various points of representation are summarised as follows: • The erection of the proposed dwellinghouses will obstruct the view of the landscape and the sea currently enjoyed by existing private properties located within the Sound of Kintyre housing estate. Comment: This is not a material planning consideration. • It is stated that various properties within the Sound of Kintyre housing estate were purchased by the current occupants from Anglo House Scotland Ltd. on the understanding that they had a view of the sea. Comment: This is not a material planning consideration. Any dispute arising from assurances which may have been given to intending purchasers would be a civil matter to be settled between the vendor and purchaser. • It is suggested that there is no demand for further dwellinghouses within the Sound of Kintyre Housing Estate, as this is demonstrated by the fact that there are a significant number of existing dwellinghouses on adjacent plots which are as yet unsold and undeveloped. Comment: Demand is not a material planning consideration, as it is a matter for the prospective developer to assess.. • The undertaking of development on these sites will pose a risk to the health and safety of existing residents at the Sound of Kintyre. Comment: This is not a material planning consideration. Health and safety relating to construction is the responsibility of the developer and the HSE as enforcing authority. • The proposed development is to be served by connection to an existing private water supply and sewerage system which are provided by the Ministry of Defence, and which currently serves the existing Sound of Kintyre housing estate. It is claimed that the existing private sewage system does not have sufficient capacity to accommodate further development the existing private water supply is not of sufficient capacity or quality to accommodate further development. Comment: Defence Estates have confirmed (letter dated 9th March 2004) that the existing private water supply has sufficient capacity to serve the proposed three dwellinghouses. In addition, the Head of Public Protection has not raised any objection to the proposal and has indeed confirmed that the private water supply is subject to testing every 2 months and to date, there has been no indication that there are any concerns with regard to the adequacy of the water supply. (Demand is clearly less than it would have been in the past when the base was operating to capacity) Defence Estates have also confirmed that the existing sewage system has adequate capacity to cater for the additional loading which would arise from the proposed three dwellinghhouses. SEPA have indicated that the plant does not currently have a discharge consent as it previously benefited from crown immunity. SEPA therefore does not have information about capabilities of the system, but a discharge consent will be required for new connections. SEPA therefore suggest that a permission be conditioned to allow for this situation to be reviewed by them with Defence Eestates before the permission is implemented. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001359\AI00015355\PLANNINGAPPLICATION0302167SOUNDOFKINTYREMACHRIHANISH0.DOC • In view of the number of households within the Sound of Kintyre
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