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APP 2016 2910 Aikey Brae.Pdf Item: 12 Page: 1 Infrastructure Services REPORT TO ABERDEENSHIRE COUNCIL – 9 MARCH 2017 Reference No: B/APP/2016/2910 Full Planning Permission for Change of Use from Vacant Land to Travellers Site Suitable For 10 Pitches with Associated Parking, Internal Access Road and Fencing at Aikey Depot, Old Deer, Aberdeenshire, AB42 5JY 1. Purpose for Report 1.1 Council is able to consider and take a decision on this item in terms of Section A.11 of Part 2A List of Committee Powers and Section C.3.1a of Part 2C Planning Delegations of the Scheme of Governance as the application is for local development which in the professional opinion of the Director of Infrastructure Services, following consultation with the Chief Executive and the leaders of the political groups on the Council (and any representative of the Independents, including Non-Aligned Independents), is of regional significance. 1.2 The Head of Finance and Monitoring Officer within Business Services have been consulted in the preparation of this report and their comments are incorporated within the report and are satisfied that the report complies with the Scheme of Governance and relevant legislation. 2. Background and Proposal 2.1 This is an application for full planning permission for the formation of a stopover site for the travelling community at an area within a vacant disused quarry site off the B9029, Aikey Brae, Old Deer. The site is situated to the west of the settlement of Old Deer and is approximately 1.1km by road from the settlement boundary (Appendix 1). In policy terms the site is located in the countryside however falls within the recently extended Old Deer Conservation Area. 2.2 The following information is appended: Appendix 1: Site Location Plan Appendix 2: Proposed Site Plan Appendix 3: Report to Buchan Area Committee 31 January 2017 Appendix 4: Equalities Impact Assessment Appendix 5: Extract of Minute of Buchan Area Committee 31 January 2017 Appendix 6: The Aberdeenshire Gypsy/Traveller Site Provision Strategy 2.3 The application is supported by a range of information including: A Site Investigation Report, Drainage Assessment, Ground Investigation Report Item: 12 Page: 2 Supporting Statement 2.4 Proposed Aberdeenshire Local Development Plan 2017: The Town and Country Planning (Development Planning) (Scotland) Regulations 2008. Proposed Aberdeenshire Local Development Plan – Report of the examination. The Report of Examination of the Aberdeenshire Local Development Plan was issued on 19 December 2016, and subsequently published on 21 December 2016. There are recommended changes to policies and sites within the Examination Report. All Area Committees have now considered a report on the Examination and a final Report will be made to Full Council on 9 March 2017. In the interim period, until the adoption of the Local Development Plan, in respect of development management decisions, elements of the emerging plan, as adjusted to reflect the Reporter’s recommendation, will carry significant material weight, which will need to be considered in the assessment of all planning applications. 3. Representations (Summary) 3.1 A total of 83 valid representations (5 support/78 objection) have been received as defined in the Scheme of Delegation. This does not include multiple representations from the same household which equate to 102 letters in total. 3.2 The material issues raised in the representations are included in the Buchan Area Committee report dated 31 January 2017 (Appendix 3). 4. Principal Planning Issues (summary) 4.1 The main considerations in the assessment of this application are: The principle of the development and compliance with the identified criteria outlined in Policy 7 Other special housing needs, SG SHN3: Gypsies/travellers. The visual impact / impact on the conservation area. All other material issues such as those raised by consultees and through representations: Impact on amenity &services in the area. Road safety. Principle of Development 4.2 While four sites have been identified under the current Local Development Plan (2012) at Blackdog; Chapelton; Ellon and Inverurie/Thainstone, it is unlikely these sites will be developed in the short term and there is a need for more immediate site provision. The fact a site is not allocated does not necessarily indicate a departure from the Aberdeenshire Local Development Item: 12 Page: 3 Plan (2012) as other sites can come forward provided it has been demonstrated that there is a need within the Housing Need and Demand Assessment (Aberdeen City and Shire) and the Local Housing Strategy (LHS). 4.3 Due to the lack of site provision, Aberdeenshire and Aberdeen City experience more unauthorised encampments in comparison to other local authorities throughout Scotland. The target set within the current LHS (2012- 2017) is for Aberdeenshire Council to provide at least 1 Gypsy/Traveller site every two years during the lifetime of the LHS. The Aberdeenshire Gypsy/Traveller Site Provision Strategy found Aikey Brae to be the preferred site for North Aberdeenshire (Appendix 6). Character and amenity 4.5 The site is tucked inside a former quarry where there is already a level of landscaping surrounding the site meaning the development would not be overly prominent within the landscape. It is recommended that additional planting to what has been proposed may be beneficial. 4.6 The site is remote, with the closest dwelling approximately 320m to the east therefore it is not considered the development would pose any impact on the existing residential amenity currently enjoyed by residents. The site would be suitably serviced with a mains water connection, refuse facilities and toilets. 4.7 The site has reasonable access to local settlements, education and community facilities. The Aberdeenshire Council Gypsy/Traveller Stopover Site Development Guidance states that Gypsy/Travellers generally prefer to be within a 2-3 mile radius of basic facilities while the LDP deems 3 miles to be the absolute maximum of this distance. While the Buchan Area Committee report measured these distances as the crow flies, it can be confirmed the site is, by road, approximately 1 mile from Old Deer settlement boundary and 3 miles from Maud. It is also 3 miles from the Square at Mintlaw, the nearest town centre from the site. It is not therefore considered that the site is poorly located for the potential occupants. Visual amenity and Impact on the Conservation Area 4.8 The site is within the recently extended Old Deer Conservation Area where development is managed to ensure it either preserves or enhances the character and appearance of the area. Due to the existing topography, the fact that the site is enclosed within a former quarry and the existing screening in place, it is considered that the proposed development will not conflict with the general principles of its conservation area status. The site will not be visually dominant from within the locality or from the historic settlement of New Deer and will not impact on the setting of any listed buildings or other sites deemed to be of national, regional or local importance. Impact on Education and Services 4.9 Education and Children’s Services support the application, highlighting their commitment to ensuring that education is accessible for all children and young people including groups with protected characteristics. The number of Item: 12 Page: 4 pitches would not be expected to have any long term significant impact upon primary school capacity in the area. 4.10 Due to the modest scale of the development the assessment carried out by the Developer Obligations team has confirmed that they do not consider the proposal would give rise to any significant impact on the NHS and health care provision. Natural environment 4.11 There are records of badgers in the area and there are good habitats for setts around the site. The area of the proposed caravan stances however is the hard flat area close to the entrance which is not a good habitat for badger setts, thus no adverse impact from the development would be expected on badgers. Contaminated Land 4.12 A suitable site investigation has been carried out, raising no objections from the Council’s Contaminated Land Unit. Developer Obligations 4.13 The Developer Obligations team has confirmed that there are no developer obligations required in respect of the proposed development. Road Safety 4.14 Infrastructure Services (Roads Development) do not object to the proposal subject to a standard condition in relation to the provision of visibility splays. No risk to pedestrian safety has been identified. While it is accepted that there is no roadside footpath link to Maud or Old Deer, the site is close to the Formartine and Buchan Way. Drainage and water supply 4.15 Under the current standing advice, SEPA are not required to be consulted for such a development however The Flood Prevention Unit is satisfied that there will be sufficient drainage on site to cope with surface water run-off. In terms of water supply, Scottish Water have not responded at the time of writing of this report however it is not envisaged the site could not be serviced. Remaining material issues raised through objections: 4.16 One letter of representation raises the issue of the telecommunications mast. There is a telecom mast in the area but not within the application site. It is approximately 60 metres to the southwest of the site. There are no identified risks to public health from telecommunications masts and in terms of planning, this issue is not a material consioderation. 4.17 Due to the nature of the proposals and the fact there would not be a detrimental visual impact, it is not considered there would be any impact on the historic environment. Item: 12 Page: 5 Conclusion 4.18 The principle of the development can be firmly established against the relevant policies Aberdeenshire Local Development Plan 2012 and the proposed Aberdeenshire Local Development Plan 2017.
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