DEVELOPMENT SERVICES Local Member - Councillor B. Marshall PLANNING APPLICATION REPORT Date of Validity - 25th October 2005 Bute and 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".

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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 & 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).

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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.

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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 ’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 the B836 and it is serviced by its own access.

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The timber decking to the rear of the property covers the entire rear curtilage. The decking provides a level private amenity space upon ground that slopes downwards away from the dwellinghouse. The decking measures approximately 58 square metres.

The decking is located to the south of the property and can only be viewed from a limited number of viewpoints, it presents no adverse privacy, land use or amenity concerns. In addition it does not detract from the overall character of the conservation area and given it’s positioning, the retention of the decking is considered to be acceptable.

The timber balcony attached to the north-east corner of the property is approximately 1.25 metres above ground level and is approximately 6.8 square metres in size. The balcony presents no adverse amenity or land use concerns, presents no privacy or overlooking issues with the neighbouring properties and is not considered to be detrimental to the overall appearance of the conservation area. On this basis the retention of timber balcony is considered to be acceptable.

Timber fence

The timber boundary fence that encloses the garden ground to the rear of Bonnieblink Cottage comprises of large untreated timber fence poles of varying lengths. The fence poles have been positioned side by side, which create a harsh solid timber screen with the height of the fence varying from 2 metres to 2.5 metres in height.

By virtue of the height of the fence, its design and poor construction it is considered to be detrimental to the character and setting of Bonnieblink Cottage and that of the wider Conservation Area. The fence, as constructed contravenes Cowal Local Plan 1993 policy POL BE 15 – ‘Conservation Area at Clachaig’ and the principles of both the Argyll & Bute Structure Plan and national planning policy guidance. On this basis support for the retention of the fence cannot be advocated.

Whilst the timber decks may be acceptable, the fence is unacceptable. A planning application cannot be determined in part and therefore on the basis that the timber fence is unacceptable this application should be refused.

Note:

If the applicant constructs a new fence no more than 2 m in height or lowers the existing fence to below 2 m in height, planning permission would not be required by virtue of Class 7 of the Town & Country Planning (General Permitted Development) (Scotland) Order 1997. This is regardless of the design of the fence.

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