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00007 Committee Report of Handling Wilkinson Dwellinghouse Renfield Brae Hunters Quay, Item 10. PDF 133 KB

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00007 Committee Report of Handling Wilkinson Dwellinghouse Renfield Brae Hunters Quay, Item 10. PDF 133 KB Argyll and Bute Council Development & Infrastructure Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No : 10/00007/PPP Planning Hierarchy : Local application. Applicant : Mr Peter Wilkinson Proposal : Erection of detached house and improvements to vehicular access. Site Address : Land at Renfield House, Eccles Road, Hunters Quay, Dunoon, Argyll ______________________________________________________________________ DECISION ROUTE (i) Local Government (Scotland) Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of dwellinghouse (indicative footprint only); • Improvements to vehicular access (no details); • Formation of car parking/turning area (indicative); • Associated landscaping and boundary treatments (indicative); (ii) Other specified operations • Connection to public water main and public sewer. ______________________________________________________________________ (B) RECOMMENDATION: It is recommended that planning permission be refused for the reason(s) set out overleaf. ___________________________________________________________________________ (C) HISTORY: A planning application (ref. 03/01508/DET) for a detached dwelling on the site was refused on 3 rd February 2004 on grounds of existing settlement pattern, density and removal of land supporting Renfield House. A subsequent appeal (ref. 04/00010/REFPLA, P/PPA/130/111) was dismissed on 14 th October 2004 where the Reporter included within his reasons for refusal, loss of curtilage to Renfield House, settlement cramming and overlooking of East Lodge below Around June 2003, the applicant carried out preparatory works to the site in respect of site levelling, the erection of a blockwork retaining wall, gate piers and boundary walls and fence, and improvements to the access. The unauthorised works were the subject of an associated report (Ref 03/00191/ENFOTH) which was tabled at the Bute and Cowal Area Committee on 26 th February 2006 where it was noted that a retrospective application would be made for the retention of the unauthorised access, turning area and ground reprofiling. An application (ref. 06/02106/DET) to regularise these unauthorised works including the formation of access/opening and levelled hardstanding area (retrospective) was submitted on 29 th September 2006 but remains invalid. The unauthorised works are still in situ. Planning permission (ref. 07/01096/DET) for the demolition of the existing care home and erection of 41 bed nursing home (class 8), formation of car parking area and erection of greenhouse was granted on 10th October 2007. This permission has not been implemented and Renfield House is currently vacant having transferred the facility to Ashgrove Nursing Home in Kirn. (D) CONSULTATIONS: Area Roads Manager (response dated 4 th June 2010): No objections subject to conditions regarding visibility splays, width and gradient of access, car parking and turning and advisory notes regarding a Road Opening Permit. Scottish Water (response dated 4 th May 2010): No objections in principle. Potential wastewater capacity issues. Advisory notes recommended. Hunters Quay Community Council (response received 12 th May 2010): Object on grounds of site history, access, right of way, settlement character, overlooking, overdevelopment and surface water drainage (refer to points i –vii in Section (F) below): ____________________________________________________________________________ (E) PUBLICITY: The application was advertised under Regulation 20(1) Advert Statement (expiry date 21 st May 2010). (F) REPRESENTATIONS: Thirteen letters of objection have been received from: D Rarity, Dunchattan 35 Eccles Road, Hunters Quay (letter dated 14 th May 2010); Shireen Saxena, 33 Eccles Road, Hunters Quay (letter dated 14 th May 2010); P Thallon, 33 Eccles Road, Hunters Quay (letter dated 14 th May 2010); R Thallon, 33 Eccles Road, Hunters Quay (letter dated 14 th May 2010); Roland Zielinski, 51 Cammesreinach Crescent, Hunters Quay (letter dated 10 th May 2010); L and S Jones, 12 Eccles Road Hunters Quay (letter dated 14 th May 2010); D and C L Jones, 14 Eccles Road Hunters Quay (letter dated 14 th May 2010); K James and D. Hancock, 43 Eccles Road, Hunters Quay (letter dated 14 th May 2010); S Cunningham, 41 Eccles Road Dunoon PA23 8LB (letter dated 14 th May 2010); D Cunningham, 41 Eccles Road Dunoon PA23 8LB (letter dated 14 th May 2010). The points raised can be summarised as follows: i. This application is the same as was previously refused. Reasons for refusal have not changed since that time as there appears to be no overriding material or circumstantial change to the application that could now alter judgements reached at that time; ii. Sole access is proposed across a Right of Way known as Renfield Brae linking Eccles Road to Marine Parade; iii. Proposal would result in tandem development; iv. Settlement pattern would not support such a development; v. Proposed property would be seriously overlooked by Renfield House in its current guise or proposed development; vi. Red line boundary includes land that would block access onto Marine Parade; vii. Proposed site was on a considerable slope which has apparently been levelled by the applicant, presumably without planning permission. Surface water drainage could be a considerable problem to other property owners and result in slippage; viii. Applicant does not own all of the land outlined in red. Comment: Refer to Assessment below. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: N (ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: N (iii) A design or design/access statement: N (iv) A report on the impact of the proposed development e.g. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: N ____________________________________________________________________________ (H) PLANNING OBLIGATIONS (i) Is a Section 75 agreement required: N ____________________________________________________________________________ (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: N ____________________________________________________________________________ (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. a) Argyll and Bute Structure Plan 2002: The following policies are applicable: STRAT SI 1 – Sustainable Development STRAT DC 1 - Development Within The Settlements STRAT HO 1 – Housing – Development Control Policy b) Argyll and Bute Local Plan (August 2009) The application site is located within the small town and village settlement of Kirn including Hunters Quay where the following policies are applicable: LP ENV 1 Development Impact on the General Environment; LP ENV 19 Development Setting, Layout and Design ( including Appendix A Sustainable Siting and Design Principles ); LP ENV 14 – Development in Conservation Areas and Special Built Environment Areas; LP HOU 1 General Housing Development; LP SERV 1 – Private Sewage Treatment Plants and Wastewater Systems; LP SERV 2 Incorporation of Natural Features/Sustainable Drainage Systems (SuDS); LP SERV 3 Drainage Impact Assessment (DIA) LP TRAN 4 New and Existing, Public Roads and Private Access Regimes; LP TRAN 6 Vehicle Parking Provision; (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. a) Scottish Planning Policy (February 2010) b) Planning Advice Note 67 - ‘Housing Quality” c) Planning Advice Note 68 – ‘Design Statements’ d) ‘A Policy Statement for Scotland - Designing Places’; ____________________________________________________________________________ (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: N ____________________________________________________________________________ (L) Has the application been the subject of statutory pre-application consultation (PAC): N ____________________________________________________________________________ (M) Has a sustainability check list been submitted: N ____________________________________________________________________________ (N) Does the Council have an interest in the site: N ____________________________________________________________________________ (O) Requirement for a hearing (PAN41 or other): N ____________________________________________________________________________ (P) Assessment and summary of determining issues and material considerations Planning permission (ref. 03/01508/DET) for a slightly larger but similarly sited dwellinghouse was refused and a subsequent appeal dismissed on 14 th October 2004. The applicant no longer owns or runs Renfield House and ownership of the application site has been severed from Renfield House. The closure of the Renfield House Care Home has no bearing on an assessment of the site as the department
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