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1 DEVELOPMENT SERVICES Local Member DEVELOPMENT SERVICES Local Member - Councillor B. Marshall PLANNING APPLICATION REPORT Date of Validity - 25th October 2005 Bute and Cowal Area Committee Date - 10th January 2006 8th December 2005 Reference Number: 05/01917/DET Applicants Name: Brian & Lisa Ledsom Application Type: Detailed Application Description: Retention of timber decking and fence Location: 1 Bonnieblink Cottage, Clachaig Glen Lean (A ) THE APPLICATION Development Requiring Express Planning Permission. • Retention of timber decks • Retention of timber boundary treatments (B ) RECOMMENDATION It is recommended that planning permission be Refused for the reason set out on the following page. (C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS This application seeks the retention of two timber decks and a timber fence. The application site is contained within Clachaig Conservation Village. The retention of the two decking areas is considered to be acceptable given the minimal impact that they have upon the character and setting of Bonnieblink Cottage and Clachaig Conservation Village. The timber fence that encloses the rear garden presents an alien form of development that detracts from the setting of Bonnieblink Cottage and contravenes the provisions of policy POL BE 12 ‘Clachaig Conservation Village’. The fence as constructed is unacceptable. Two letters of objection to the fence have been received. Whilst the retention of the timber decks is considered to be acceptable the application cannot be determined in part and on the basis that the timber fence has an adverse visual impact on the conservation area, a refusal of planning permission is appropriate. Angus J Gilmour Head of Planning Services Case Officer: J. Irving 01369-70-8621 Area Team Leader D. Eaglesham 01369-70-8608 "In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985". F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002219\AI00025631\01917WRRETENTIONOFDECKINGANDBOUDNARYTREATMENTSBONNIEBLINKCOTTAGECLACHAIG.0.DOC 1 REASONS FOR REFUSAL RELATIVE TO APPLICATION 05/01917/DET 1. The timber fence by virtue of its overbearing size and ungainly harsh appearance presents an unacceptable form of development that is at odds with the character of the surrounding Clachaig Conservation Village that it is contained within. Accordingly, given the insensitive nature of the design of the fence the development is considered to be contrary to Policy POL BE 12 of the adopted Cowal Local Plan (1993) and policy LP ENV 14 of the Argyll & Bute Finalised Draft Local Plan (May 2005) which seeks to prevent any deterioration in the character and setting of the designated area through unsympathetic new development. The fence is also contrary to the provisions of STRAT DC 9 – ‘Historic Environment and Development Control’ of the Argyll & Bute Structure Plan 2002 and to the advice contained within National Planning Policy Guidance 18 – ‘Planning & the Historic Environment’ (April 1999). F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002219\AI00025631\01917WRRETENTIONOFDECKINGANDBOUDNARYTREATMENTSBONNIEBLINKCOTTAGECLACHAIG.0.DOC 2 APPENDIX RELATIVE TO 05/01917/DET A. OTHER MATERIAL CONSIDERATIONS (i) Site History 05/00120/ENFOTH – An associated enforcement report is also on this agenda. (ii) Consultations None (iii) Publicity and Representations Under Article 9 neighbour notification procedures and the Section 65 advertisement (published 4th November 2005, expired 25th November 2005), two letters of representation have been received from: Colin MacDonald (letter received 14th Nov 05), Glasgow EXTRA series, Academy Park, Gower St, Glasgow. Peter & Christine Reilly (letter dated 10th Nov 05), Gorsnavoon Cottage, Clachaig Village, Glen Lean, Argyll. The points raised can be summarised as follows: i. The plans are a disgrace and totally wrong, the application forms are flawed with wrong details. As this is retrospective the outcome can be seen and is totally against the Cowal Plan and the Conservation Area. Comment: The submitted plans are not to an architectural standard but are sufficient to enable the Planning Authority to consider the application. ii. This retrospective application only covers the fence and decking and balcony which have been erected with poor workmanship, creating an embarrassing eyesore, totally out of character without status as a conservation area. It also does not mention that the applicant bought two cottages (No 1 and No2 Bonny Blink) and knocked them into one. They replaced the door of No. 2 Bonny Blink with breezeblock and a window not even matching the others, loosing a vital part of our village. Comment: The retention of the timber fence and two decks are the only aspects of the works undertaken at the property that require planning permission. The removal of the door, the installation of a window and the conversion of two houses into one does not require planning permission. iii. The Ledsoms have enlarged and replaced windows, opened the cellars and created downstairs including a kitchen, bathroom and bedroom. All without planning permission or a building warrant. The upper floor is not supported properly and no adequate support to stop subsidence. Comment: None of these works require planning permission. This is a matter for Building Standards to address. iv. They has also failed to mention the cutting down of trees and lopping others without applying for permission. Comment: The Department has written to the occupants of the property regarding this matter and a retrospective application for consent to remove the trees will be submitted in due course. v. As they are tenants with an absentee owner, who has never stayed there, they could “up and leave with a moments notice”, leaving the mess they created as a lasting monument to our village. Comment: This is not a material planning consideration. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002219\AI00025631\01917WRRETENTIONOFDECKINGANDBOUDNARYTREATMENTSBONNIEBLINKCOTTAGECLACHAIG.0.DOC 3 vi. I view this development as a flagrant attempt to evade lawful planning process and, in doing so, cock a snook at other villagers who faithfully cleave to the conservation standards and ethics with regard to their own properties and environs. Comment: Whilst the Department cannot condone the undertaking of development without the required permission, the submission of a retrospective planning application in an attempt to regularise a breach of planning control is an acceptable planning process to undertake. B. POLICY OVERVIEW Cowal Local Plan 1993 (adopted 1995) POL BE 12 – Conservation Area at Clachaig ‘Within the Clachaig Conservation Area the Council will seek to maintain the group setting of the village and to prevent any deterioration in the appearance or fabric of the designated area through unsympathetic new development, changes of use, demolitions extensions or alterations to buildings many of which do not normally require planning permission.’ POL BE 9 – Layout & Design of Urban Development ‘The Council will seek to achieve a high standards of layout and design where new urban developments are proposed. Proposals for new development should have regard to the Council’s published design guidelines and development standards.’ Argyll & Bute Finalised Draft Local Plan (May 2005) LP ENV 14 – Development in Conservation Areas & Special Built Environment Areas ‘There is a presumption against development that does not maintain or enhance the character or amenity of an existing or proposed Conservation Area and Special Built Environmental Areas.’ ‘New development within these areas must be of the highest quality, respect and enhance the architectural and visual qualities that give rise to their actual or proposed designation and conform to Historic Scotland’s Memorandum on Listed Buildings and Conservation Areas together with Appendix A of this plan.’ Argyll & Bute Structure Plan 2002 (approved November 2002) STRAT DC 9 – Historic Environment and Development Control ‘Protection, conservation, enhancement and positive management of the historic environment is promoted. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument or its setting, other recognised architectural sites of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan.’ National Planning Policy Guidance 18 – Planning & the Historic Environment (April 1999) ‘In the determination of any application for planning permission for development affecting a conservation area, the planning authority is required to pay special attention to the desirability of preserving or enhancing the character or appearance of the relevant designated area.’ C. ASSESSMENT This application seeks the retention of a 2.2 metre high untreated timber fence that encloses a timber deck within the rear garden ground belonging to 1 Bonnieblink Cottage, Clachaig. In addition there is a small raised timber deck attached to the east elevation of the property. Bonnieblink Cottage is located within the Clachaig Conservation Area. The property is not located along the roadside of the B836 that runs through the village, rather it is positioned some 40 metres from
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