Councillor G Freeman PLANNING
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DEVELOPMENT SERVICES Local Member - Councillor G Freeman PLANNING APPLICATION REPORT Date of Validity - 11 March 2005 HELENSBURGH & LOMOND AREA COMMITTEE Committee Date – 4 April 2006 ___________________________________________________________________________________ Date: 29 March 2006 Reference Number: 05/00497/OUT Applicants Name: Mr & Mrs D. Woolner Application Type: Outline Application Application Description: Demolition of existing garage and erection of 10 flats Location: Garelochhead Motor Engineers, Main Road, Garelochhead ___________________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission: Erection of flatted development Associated access and car parking (ii) Other specified operations Connection to public water and sewerage supplies ___________________________________________________________________________________ (B) RECOMMENDATION It is recommended that planning permission be approved subject to a section 75 agreement in order to achieve road improvements outwith the ownership of the applicant. ___________________________________________________________________________________ (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Outline planning permission is sought for the erection of a flatted development on the site of Garelochhead Motor Engineers, Main Road, Garelochhead. The agent has provided an indicative design and layout and this shows 10 flats contained within 2 and 3 storey blocks. The vehicular access would be via Station Road with pedestrian footpaths leading from the flats to Main Road. Within the adopted plan the site lies within an area covered by Policy R4 which considers changes of use from anything other than Class 1 or Class 3 to be departures. Therefore the current proposal is a departure from the development plan. The emerging finalised draft local plan does not have this designation, however, and the site is shown to be within the settlement boundary of Garelochhead. As the application site does not contain an existing Class 1 or Class 3 use the principle of residential development would not be a departure to this site. In addition, the application site is located within an area which is designated as an Area For Action (AFA). This AFA has a number of aims with the overall objective of bringing environmental improvement to Garelochhead village centre. The current proposal is assessed against the specific aims of this AFA below: F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000244\M00002442\AI00027926\PLANAPPGHEADMOTORENINGEERS0.DOC 1. to consider options for development/redevelopment and environmental enhancement in the village centre; This proposal would result in the replacement of a car garage with flatted residential development. This would have the potential to bring both design/streetscape improvements and as well as providing a quieter neighbour to the adjacent flats at Glencairn Terrace. There would also be opportunities to secure some environmental enhancements such as landscaping and the provision of footpaths. 2. to facilitate the relocation of disadvantageously situated businesses and uses; It is not clear that the proposal would satisfy this aim. The agent has been unable to confirm whether the current business would be relocated and therefore it would have to be assumed that the current employment base would be lost. 3. to improve traffic management. The Area Roads Manager has advised that the proposal should only be approved subject to a number of road safety improvements, some of which are outwith the site. This would result in the provision of traffic calming and junction improvements around Bromley Place as well as the provision of an additional footpath along part of Station Road. As much of this is outwith the site this would have to be secured by means of a section 75 legal agreement. With regard to Policies contained within the Finalised Draft Local Plan, although Policies LP HOU 1 and LP HOU 2 have been objected to, the points of objection do not relate to, or impinge upon, the specific circumstances within this application. It is therefore regarded that these policies should have some weight as material considerations in the determination of this application. A medium scale housing development within the settlement boundary would accord with Policy LP HOU 1. Policy LP HOU 2 requires that consideration be given to the provision of affordable housing although it is not an absolute requirement on this site. The indicative plan, however, shows one and two bedroom flats which are likely to be at the affordable end of the market. It is considered that the proposed development would be acceptable on this site. To the north Glencairn Terrace is a traditional tenemental property of a similar scale and a flatted development would be in keeping with the character of the village at this location. ___________________________________________________________________________________ (D) CONCLUSION The proposal clearly departs from Policy R4 contained within the adopted Local Plan. However, the emerging Finalised Draft Local Plan represents a material consideration in the determination of this application. The consultation period has passed and the representations on the plan have been analysed. There have been no objections to the position of application site within the settlement boundary or the Area For Action and representation to Policies within this plan do not relate to the current proposal. I would therefore conclude that the policies contained within the emerging Local Plan are sufficient to outweigh the provisions of the adopted Local Plan in terms of Section 25 of the Town and Country Planning (Scotland) Act 1997. The proposal would however only be acceptable subject to various road improvements detailed elsewhere in this report. It is therefore recommended that planning permission be approved as a minor departure subject to the conclusion of a Section 75 agreement. (E) REASONED JUSTIFICATION FOR DEPARTURE The proposed development constitutes a departure from Policy R4 of the adopted Local Plan. However, this proposal would result in the replacement of a car garage with flatted residential development. This would have the potential to bring both design/streetscape improvements as well as providing a quieter neighbour to the adjacent flats at Glencairn Terrace. There would also be opportunities to secure some environmental enhancements such as landscaping and the provision of footpaths. Within the emerging Argyll and Bute Finalised Draft Local Plan the site lies F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000244\M00002442\AI00027926\PLANAPPGHEADMOTORENINGEERS0.DOC within the settlement of the village and does not contain existing Class 1 or Class 3 uses and, therefore, the proposal would not represent a departure from this plan. In addition, the site is identified as an AFA and the proposal would satisfy many of the aims of this designation which has the overall objective of bringing environmental improvement to Garelochhead village centre as detailed within the main body of this report. No representations have been received on this AFA and the objections to LP HOU 1 and LP HOU 2 would not be applicable to this site. Given the above situation and age of the adopted Local Plan, it is considered that the designations and policies within the Argyll and Bute Finalised Draft Local Plan are sufficient to outweigh the provisions of the adopted Local Plan. (F) PAN 41 HEARING Given that the proposal is a minor departure from policy, under Planning Advice Note (PAN) 41, consideration has to be given to holding a formal hearing. In this case, as only two letters of representation have been received, I do not consider that a PAN 41 Hearing would be justified in this instance. Angus J Gilmour Head of Planning Date: 29 March 2006 Author: Sandra Davies 01436 658884 Contact Point: Howard Young 01436 658888 F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000244\M00002442\AI00027926\PLANAPPGHEADMOTORENINGEERS0.DOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/00497/OUT: 1. Standard Outline Conditions 1-3 4. Any details pursuant to condition 1 above shall include: (i) A maximum of 10 flats; (ii) A building of no more than three storeys in height; Reason: In order to ensure that the development of the site would be keeping with the surrounding area. 5. Any details pursuant to condition no. 1 shall include: (i) A visibility splay 2.5 x 35 x 1.05 metres to be provided at the junction with Station Road to be maintained in perpetuity; (ii) A pedestrian link from the proposed flats to the frontage along Main Road; Reason: In the interests of road safety. 6. Any details pursuant to condition no. 1 shall include a drainage layout plan which shall include full details of the surface and foul water discharge from the site. All surface water from the site shall be treated in accordance with the principles of the Sustainable Urban Drainage Manual for Scotland and Northern Ireland (2000) unless otherwise agreed with the Planning Authority in consultation with SEPA. Reason: In order to ensure that there is a satisfactory drainage system in place for the development. 7.Any details pursuant to condition no. 1 shall include a Method Statement on the safe removal of redundant petrol tanks for the site including the vent pipe riser, all relevant pipe work and dispensers associated with the tanks. Reason: In order to ensure that redundant fuel tanks will be safely removed from the site. 8.Notwithstanding the layout, access and parking