DEVELOPMENT SERVICES Ward Number - 01 South Kintyre PLANNING APPLICATION REPORT Date of Validity - 23 rd June 2008 MID ARGYLL, KINTYRE AND THE ISLANDS Committee Date- 3rd September 2008 ______

Reference Number: 08/01148/DET Applicants Name: Mr & Mrs Jonathan Bruce Application Type: Detailed Application Description: Erection of dwellinghouse and installation of septic tank Location: Land adjacent to ‘Elyston’, Campbeltown ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Erection of dwellinghouse • Modification of existing access • Installation of single septic tank

(ii) Other specified operations.

• Connection to public water supply ______

(B) RECOMMENDATION

It is recommended that the application be refused for the reason attached.

______

(C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

(i) Development Plan Context:

The application site is located within a proposed ‘Rural Opportunity Area’ within the emerging ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006 in which Policy HOU 1 would normally offer a general presumption in favour of small scale housing development which accords with the prevailing landscape character and settlement pattern. This emerging policy gives effect to Policy STRAT DC 4of the adopted ‘Argyll and Bute Structure Plan’, which seeks to give encouragement to small scale developments on suitable sites which, in terms of siting and design will visually integrate with the landscape and settlement pattern; this may include small scale housing development within the open countryside.

The adopted ‘Kintyre Local Plan’ (1 st Review and Alteration) 1988 also gives a presumption in favour of single or small scale residential development in the countryside (Policy STRAT 4) subject to examination in terms of infrastructure and servicing implications.

Although the proposed development is considered acceptable in terms of its siting and design and although it accords with the existing settlement pattern and is sympathetic to the landscape character of the area, the Area Roads Manager has highlighted a problem with the existing private driveway serving ‘Elyston’ (and proposed to serve the new dwelling) in that the existing access visibility onto

the public road is constrained to the south west, and the land required to improve and maintain the existing visibility splay is outwith the applicant’s control.

Policy TRAN 4 of the ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006, states that the Local Planning Authority may consider a proposal unacceptable where an existing access is, “ of such a poor standard as to be unsuitable for additional vehicular traffic ”, unless the applicant can either secure the ownership of land to allow for improvements to bring the access up to an acceptable standard, or demonstrate that an appropriate agreement (Section 75 Agreement) has been concluded with the existing owner of the affected land to allow for the necessary improvements.

In this case, the land required for access improvements, consisting of the provision of an appropriate visibility splay to the south west, is not in the applicants’ control. The applicant has not demonstrated that they are in a position to secure a legal agreement with third parties to bring about access improvements consistent with the requirements of Policy TRAN 4. The proposal, therefore, fails to meet the requirements of development plan policy on access and road safety grounds.

(ii) Representations:

None.

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

Not required.

(iv) Reasoned Justification for a Departure to the Provisions of the Development Plan.

Not applicable.

(v) Is the Proposal a Schedule 1 or 2 EIA development:

No.

(vi) Does the Council have an interest in the site:

No.

(vii) Need and Reason for Notification to Scottish Ministers.

None.

(viii) Has a sustainability Checklist Been Submitted:

Not appropriate for this scale of development.

Angus J Gilmour Head of Planning 18th August 2008

Author: Tim Williams (01546 604084) Date: 14 th August 2008 Reviewing Officer: Richard Kerr (01546 604080) Date: 15 th August 2008

NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll- bute.gov.uk

REASON FOR REFUSAL RELATIVE TO APPLICATION: 08/01148/DET

1. The visibility from the proposed access point is constrained to the south west and the required visibility splay to meet the Council’s current standards of 70 metres measured from a point 2 metres back from the edge of the public road cannot be achieved in this direction. Furthermore, a large proportion of the land bisected by the required visibility splay to the south west of the proposed access is outwith the ownership or control of the Applicant, and it has not been demonstrated that the Applicant is able to secure the control of this land or any legal agreement to secure its management and future maintenance. It is therefore considered that the required visibility splay cannot be achieved and maintained in perpetuity. The constrained visibility from the proposed access point is considered contrary to the interests of highway safety and conflicts with Policies ENV 1 and TRAN 4 of the ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01148/DET

MATERIAL CONSIDERATIONS AND ADVICE

(i) POLICY OVERVIEW AND MATERIAL ADVICE

‘Argyll and Bute Structure Plan’ 2002

STRAT DC 4 – Supports the principle of up to ‘small scale’ developments on suitable sites within ‘rural opportunity areas’, subject to compliance with other relevant policies in the Development Plan.

STRAT DC 8 – Seeks to resist development which will have a significant adverse impact upon the wider landscape setting.

‘Kintyre Local Plan’ 1984 and (1 st review) 1989

STRAT 4 - Gives a presumption in favour of single or small scale residential development in the Kintyre countryside.

STRAT 4A – Sets out the criteria against which proposals for development in the Kintyre countryside will be assessed.

PU 2 - Sets out the Council’s policy requirements with regard to private sewage treatment plants and wastewater systems.

‘Argyll and Bute Local Plan’ (Finalised Modified Finalised Draft) 2006

LP ENV 1 – Sets out the criteria against which all applications for planning permission will be assessed.

LP HOU 1 – Sets out the criteria for the assessment of applications for development within the various development control zones and, in respect of proposed development within rural opportunity areas, offers a general presumption in favour of small scale housing development which accords with the prevailing landscape character and settlement pattern.

LP TRAN 4 – Sets out the Council’s policy requirements with regard to development utilising new and existing, public roads and private access regimes.

LP SERV 1 – Sets out the Council’s policy requirements with regard to private sewage treatment plants and wastewater systems.

Note (i): The applicable elements of the above Policies have not been objected to or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

The existing dwellinghouse, ‘Elyston’, and its access to and from the public road results from an outline planning permission, 99/00641/OUT, granted on 20 th August 1999 and a subsequent approval of reserved matters, 00/00309/REM, approved on 7 th April 2000. There is no other relevant planning history available for this site.

(iii) CONSULTATIONS

• Area Roads Manager (25.07.08) – Recommends refusal on the grounds that the visibility from the existing access (proposed to serve the new development the subject of this application) is constrained to the south west and that the land required to secure an acceptable visibility splay and to maintain that splay in perpetuity is outwith the control of the Applicant. The required improvements, although technically possible, cannot, therefore, be secured by condition. The Applicants have not demonstrated that they are able to enter into a Section 75 Agreement to secure provision of the off-site visibility improvements.

• Scottish Water (02.07.08) – No objection subject to note to Applicant regarding potential future capacity issues.

• Highlands and Islands Airports (01.07.08) – No objection.

• National Air Traffic Services (09.07.08) – No objection.

(iv) PUBLICITY AND REPRESENTATIONS

Article 9 (Vacant Land) Advertisement. Expiry Date: 18th July 2008. No representations received.

APPENDIX B – RELATIVE TO APPLICATION NUMBER: 08/01148/DET

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site is located within a larger ‘rural opportunity area’ identified in the emerging ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006 wherein the provisions of Policy HOU 1 and Structure Plan Policy STRAT DC 4 would support the principle of ‘small scale’ residential development which accords with the existing landscape character and settlement pattern, subject to consistency with other policies in the Development Plan.

The proposed siting of a modest single storey dwellinghouse on this site is considered consistent with the supported scale of development and in keeping with the existing landscape character and settlement pattern.

B. Location, Nature and Design of Proposed Development

The application site measures approximately 0.14 hectares in area (including the existing access and proposed private driveway) and is located within open grazing land immediately adjacent to the residential curtilage of an existing bungalow ‘Elyston’ and within the same ownership of this property.

The site is a broadly flat area of land situated some 35 metres to the north of the existing public road at a slightly higher level than the road and above the level of the Auchalochy Burn which lies immediately to the south and west of the boundaries of the application site. The site has gently rising land immediately to the rear (north) which increases in its rising elevation within approximately 150 metres of the rear boundary of the site to form a steeply rising backdrop to the proposed development. Similarly, the site adjoins the garden ground of ‘Elyston’ immediately to the east and is characterised by broadly level, relatively open, land for a distance of approximately 100 metres, beyond which the landform begins to rise, moderately for the first two or three hundred metres and then steeply up to an extensive area of elevated upland which forms a backdrop to the development when viewed from its approach from the east.

The existing settlement pattern consists primarily of the Ballywilline Farm cluster surrounded by a series of individual or pairs of houses, which typically address the public road and are adjacent to or set back slightly from it. The public road follows a broadly west to east direction and then curves through nearly 90 degrees within the vicinity of the existing bungalow ‘Elyston’, after which it proceeds in a south to north direction with Ballywilline Farm to the west and leading upwards to Upper Ballywilline and the more open sparsely populated land beyond.

The proposed development consists of a modest detached bungalow of traditional design and materials. The proposed dwelling would have a rectangular footprint area with a gabled roof and would be finished in a cream coloured render and with dark grey ‘slate effect’ roof tiles. It is proposed to utilise the existing access to ‘Elyston’ which would be improved to provide a shared access, and to construct a new private driveway from this access point to the new dwellinghouse within the existing curtilage of ‘Elyston’ and along its southern boundary for a distance of approximately 100 metres.

The proposed dwelling is oriented to address the public road and is considered consistent with the existing settlement pattern and in keeping with landscape character of the area. The development would not appear as an incongruous feature within the wider landscape and is consistent with policy in this regard.

C. Road Network, Parking and Associated Transport Matters.

The provisions of LP TRAN 4 would seek to resist development where a site is served by an existing private access which is considered to be of such a poor standard as to be unsuitable for additional vehicular traffic, unless the developer is able to implement improvements commensurate with the scale of development.

In this case, it is proposed to serve the new development from an existing access off the public road. This access forms the private driveway to a single dwellinghouse, Elyston, and was formed following planning permission granted for this access as part of the approval for the dwellinghouse. This planning permission was split into two parts, outline permission and a subsequent approval of reserved matters. These two approvals were in August 1999 and April 2000 respectively and the development was implemented shortly thereafter.

At the time of the consideration of the outline application the then Area Roads Manager did not require the approval to be conditional on any requirement to provide visibility splays for this access point other than to ensure that the frontage of the application site was kept free from obstruction above 1.05 metres.

Notwithstanding the above, the current application has been assessed by the current Area Roads Manager as requiring 70 metre visibility splays from a point 2.0 metres back from the edge of the carriageway, within which there shall be no obstructions above 1.05 metres. The Area Roads Manager has stated that the visibility requirement to the south west cannot be achieved and that, as the Applicant does not own or control the adjacent land over which the required visibility splay would pass, the required splay could not be maintained in perpetuity. Whilst the shortfall in visibility could technically be overcome, this would require a legal agreement to be entered into by all parties to ensure the provision and maintenance of the required sight line over the adjoining land. No such agreement is in place nor has there been any indication that such an agreement is likely to be achievable

D. Infrastructure

Water supply shall be by connection to the public water main; Scottish Water has not raised any objection to the proposal. Foul drainage shall be to a new septic tank and soakaway within the application site; there is no public sewer within the vicinity of the application site; the proposal is considered to be consistent with policies PU 2 and LP SERV 1.