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01501 (ROH) Dalavich , Item 7. PDF 178 KB Argyll and Bute Council Development 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 : 13/01501/PP Planning Hierarchy : Local Development Applicant : Mr David Winter, Aweside Developments Ltd Proposal : Relocation of existing Plots 22 and 24 to new Plots 4a and 8, additional new Plots 5a, 18a and 37 and repositioning of chalets on Plots 17 and 18 Site Address : Dalavich Chalet Park, Dalavich, Argyll and Bute ____________________________________________________________________________ DECISION ROUTE Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Relocation of existing Plots 22 and 24 to new Plots 4a and 8; • Additional new Plots 5a, 18a and 37; • Repositioning of proposed chalets on Plots 17 and 18; • Construction of 14 on-site vehicular parking spaces and associated turning arrangements. (ii) Other specified operations • Use of an existing private water supply; • Use of an existing communal private sewage treatment plant; • New tree planting. ____________________________________________________________________________ (B) RECOMMENDATION: Having due regard to the Argyll and Bute Development Plan and all other material planning considerations, including the masterplan submitted for PDA 5/115, it is recommended that planning permission be granted subject to: i) the prior conclusion of a Section 75 legal agreement preventing the implementation of permission for cabins on Plots 22 and 24 as previously approved under 06/01640/DET; ii) a discretionary local hearing being held in view of the third party representations received; iii) the conditions and reasons appended to this Report of Handling. ____________________________________________________________________________ (C) HISTORY: On-site 06/01640/DET – erection of 28 holiday chalets – application approved 17 th November 2006. 12/02578/PP – amended chalet position of Plot 2, relocation and amended chalet design of Plots 22 and 24 (previously approved under planning permission 06/01640/DET) to new Plots 2a and 4a, and erect additional new Plots 5a and 37 – application withdrawn 10 th July 2013. On land adjacent to the application site 12/02033/PP – formation of a play park – application approved 23 rd November 2012. 12/02044/PP – formation of a play park – application approved 23 rd November 2012. 12/02661/PP – erection of 6 chalets with associated landscaping – application withdrawn 10 th July 2013. ____________________________________________________________________________ (D) CONSULTATIONS: Area Roads Officer (response received 25 th July 2013) – no objection. Avich and Kilchrenan Community Council (response received 22 nd August 2013) - object to the proposed development as it contravenes and exceeds the original detailed planning permission 06/01640/DET which was granted for the erection of 28 holiday chalets within Dalavich Chalet Park and, the proposal does not conform with the site surveys and Environmental Impact Assessment which were carried out at that time. Furthermore, the erection of chalets alongside the C30 public road will change the natural and built environment of the local area and visually extend the impacts of the development. The site will no longer be well screened. Chalets will affect existing dwellinghouses by privacy and light pollution. Horticultural Officer (response received 6 th September 2013) – no objection subject to a condition. Outdoor Access Team (response received 10 th September 2013) – no objection. Public Protection Unit (response received 21 st August 2013) – no objection subject to a condition. Scottish Environment Protection Agency (response received 29 th July 2013) – no objection. Scottish Natural Heritage (response received 17 th July 2013) – no objection subject to a condition. Scottish Water (response received 31 st July 2013) – no objection (consulted in error) ____________________________________________________________________________ (E) PUBLICITY: ‘Regulation 20 – Advert Local Application’ from the 25 th July to the 15 th August 2013. ____________________________________________________________________________ (F) REPRESENTATIONS: 19 objections have been received from the following parties; • Mr D. Simpson, 9 Park Road, Greystoke, Penrith, CA11 0UF (e-mail received 15.07.2013). • Mr M. Hamilton, 1 Kilvaree, Connel, Argyll and Bute, PA37 1RN (e-mail received 24.07.2013). • Mr A. Blades, 12 Hill Top Court, North Cowton, Northallerton, DL7 0HU (2 separate e-mails received 31.07.2013 and 12.08.2013). • Mrs R. Harrison, 44 Margaret Road, Darfield, Barnsley, S73 9QF (e-mail received 30.07.2013). • Mr K. Nield, 6 Charleston Grove, Great Sankey, Warrington, WA5 1ZL (2 separate e-mails received 31.07.2013, further email received 02/10/13). • Mr M. Nicholls, 3 Newmills Avenue, Balerno, Edinburgh, EH14 5SZ (e-mail received 31.07.2013). • Mrs A. Fleming, 3 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 01.08.2013). • Mrs G. Stolton, 22 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (letter received 25.08.2013). • Mr P. Hamilton, Cabin 8a Dalavich Chalet Park, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 15.08.2013). • Mr A. Richmond, 5 Geils Avenue, Dumbarton, G82 2QJ (e-mail received 15.08.2013). • Mrs S. Clark, 11 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mrs D. Graham, 4 Turf Meadow, Loveclough, Rossendale, BB4 8FE (e-mail received 14.08.2013). • Mrs J. Hamilton, Cabin 24, 8 and 29 Dalavich Chalet Park, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 15.08.2013). • Mrs E. Foy, 21 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mr J. Fleming, 32 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 14.08.2013). • Mrs I. McClounnan, Druimdarroch, Dalavich, Taynuilt, Argyll and Bute, PA35 1HL (e-mail received 13.08.2013). • Mrs J. Simpson, 9 Park Road, Greystoke, Penrith, CA11 0UF (e-mail received 13.08.2013). • Mr M. Todd, 4 Dalavich, Taynuilt, Argyll and Bute, PA35 1HN (e-mail received 13.08.2013). • Mrs K. Blades, 10 Witham Avenue, North Cowton, Northallerton, DL7 0HU (e- mail received 13.08.2013). The concerns raised are summarised as follows: • I fail to see why new cabins should appear in places that there was no original planning permission for when plots that were included in the original planning permission lie unused. Comment: Every planning application must be assessed within its own merits. Plots 22 and 24 will not be developed due to ground conditions and to retain woodland. The alternative plots identified are considered acceptable. The developer is seeking to identify all developable sites within the Potential Development Area, which is a reasonable and forward thinking step to take. An aggregate increase of just 3 chalets is proposed. • I feel that additional chalets will dramatically change the unique sense of open space within Dalavich Chalet Park which is what makes it very attractive to owners and visitors alike. Comment: No Open Space Protection Area will be affected. The plots all lie in areas of the Potential Development Area alongside existing or approved chalets where they can be comfortably accommodated. The proposal is informed by a comprehensive masterplan for the PDA. • The original planning permission ensured that chalets were located and sited in such a manner which ensures that there were no overlooking issues. Comment: Careful attention to siting, design and window positions means this remains the case with the proposed chalets as well. • The proposal to site a chalet within Plot 4a will ensure that several mature trees will have to be felled. Comment: Argyll and Bute Council’s Horticultural Officer was consulted and recommended no objection subject to a condition in relation to this planning application. Furthermore, Scottish Natural Heritage were also consulted and recommended no objection. A chalet can be provided within/alongside the trees and condition 2 will ensure this. Subject to the requirements of recommended conditions being met, the proposal satisfies Policy LP ENV 7. Plot 4a involves the felling of fewer trees than would be felled if the original cabin 24 were developed. • The proposal to site a chalet within Plot 4a will reduce the visual amenity of chalets situated within the immediately surrounding area and will create a form of development which will be far denser than any other part of Dalavich Chalet Park. Comment: The proposal to erect a chalet within Plot 4a is considered to be acceptable. The density proposed relates comfortably to the existing pattern. Impact on a private view is not a material consideration. • The original planning permission was for 28 chalets and we were assured by the Planning Authority that this number would not increase. Comment: Only 3 more chalets are proposed on aggregate from the 28 approved in 2006. The allocation of the site as a Potential Development Area in 2009 supports modest additional development, and it is considered that the current proposals represent acceptable modest consolidation of the holiday park development in accordance with Development Plan policy. • The proposed chalets
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