DEVELOPMENT SERVICES Local Member - Cllr. Rory Colville PLANNING APPLICATION REPORT Date of Validity - 27th November 2003 MID ARGYLL, AND 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 ,

(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 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

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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.

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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

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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.

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• In view of the number of households within the Sound of Kintyre housing estate the developer should be required to provide a children’s play area rather than developing vacant areas into housing. Two original play areas have been removed and have not been replaced by the developer.

Comment: The current application relates to the provision of three dwellinghouses within an existing settlement. The application site does not relate to any existing play areas or other open space safeguarded in the local plan. The removal of play equipment from existing play areas within the Sound of Kintyre housing estate does not require planning consent, nor are there any relevant planning conditions requiring either the retention or provision of play areas within the development.

• The proposed three dwellinghouses may possibly end up being utilised for the purposes of holiday lets or holiday homes.

Comment: This is not a material planning consideration.

• That the proposed three dwellinghouses may not be liable to the factoring charges currently levied on the existing residents of the Sound of Kintyre housing estate for the upkeep of common ground etc.

Comment: This is not a material planning consideration.

• That the adjacent public highway could do with being widened to provide access to the golf course.

Comment: No highway improvements are necessitated by the development proposed.

The Agent for the application has submitted a supporting statement (letter received 01.06.04) in response to the issues raised in the letters of representation which is summarised as follows.

• Loss of view from a private residential property is not a material planning consideration.

• That the water supply and sewerage system is owned and operated by Defence Estates, these systems were originally designed for use by the houses and the adjacent RAF base. Much of the RAF base has subsequently been demolished, therefore there is an over supply of water and an under capacity of the sewage treatment system. It is also understood that the maintenance of the water supply and sewerage system is to be taken over by Scottish Water in the near future.

• There were never any play areas located within the current application site.

• Any building operations would be subject to a full health and safety assessment and there should not be any more heavy plant or equipment on site than at present.

• The proposed dwellinghouses will occupy gap sites and are not to be built on fields outwith the existing housing development, thereby leaving the natural beauty of the surrounding landscape intact.

• At no time was any purchaser guaranteed any view, indeed a large layout plan has been displayed in the sales office which identified both the existing houses and the potential development sites for new houses.

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(iv) Assessment

The proposal is a detailed application for the erection of three detached, two storey dwellinghouses on infill sites within a former M.O.D. housing estate that has recently been renovated and the properties sold into the private housing market.

The proposed dwellinghouses are of two storeys with attached single storey garage, the proposed buildings are to have hipped roofs finished in red concrete tiles to match existing adjacent properties; the external wall finish shall be of white render with natural timber cladding to match adjacent properties, and the window openings shall be of white or brown uPVC with a tilt and turn movement to match adjacent properties. The proposed dwellinghouses are of design, scale finish and siting which is compatible with that of the existing housing estate, and the new development will be viewed within the wider landscape as part of the existing minor settlement at RAF Machrihanish. The proposal relates to the development of infill sites within an existing settlement and is therefore consistent with the provisions of POL HO 6A of the Kintyre Local Plan (1st Review & Alteration) 1988, STRAT DC 1 of the Argyll and Bute Structure Plan 2002, and the Argyll and Bute Local Plan consultative draft 2003.

A new vehicular access is to be formed from each plot onto an existing access road that serves the housing estate, with parking and turning for two vehicles per dwelling to be provided on site. In terms of foul drainage, it is recommended that a planning condition be imposed to ensure that the relevant SEPA consents are obtained for the existing private sewerage system prior to the commencement of development. Water supply shall be by connection to an existing private supply again provided by the M.O.D. The Head of Public Protection has confirmed that the proposed water supply arrangements are acceptable.

This proposed infill development not give rise to any concern with regard to the privacy or amenity of existing adjacent residential properties.

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NOTE TO APPLICANT RELATIVE TO APPLICATION 03/02167/DET

Regard should be had to the attached SEPA consultation response received 20th May 2004 in respect of the proposed development.

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