Report No 284/06

ANGUS COUNCIL

DEVELOPMENT CONTROL COMMITTEE - 23 FEBRUARY 2006

PLANNING APPLICATION – LAND AT SEGGIEDEN FARM,

REPORT BY THE DIRECTOR OF PLANNING AND TRANSPORT

Abstract: This report deals with planning application No. 05/01504/FUL for conversion of the existing steading buildings to form eight affordable housing units for Albamuir Ltd. on land at Seggieden Farm, Inverarity. This application is recommended for conditional approval.

1 INTRODUCTION

1.1 Full planning permission is sought for the conversion of the existing steading buildings to form eight number affordable housing units at Seggieden Farm, Inverarity.

1.2 The site is located in the open countryside off the B9127 between Inverarity and Whigstreet. The site measures approximately 0.55 hectares and is situated adjacent to Seggieden Farmhouse. The site currently contains a rectangle of steading buildings which have fallen into a state of disrepair. To the north of the site is the B9127 public road. To the east of the site lies a wooden straw barn, with agricultural fields further to the east. Agricultural fields are also found to the south of the site and to the west of the site beyond the farm house. Immediately along the western boundary of the site lies the access track to the farmhouse. The site currently contains two access points to the north west and north east.

1.3 The development proposed is for the creation of eight affordable housing units for owner occupation and social renting. The developer proposes the creation of six two bedroom properties, with one three and one four bedroom properties also created. The existing buildings are a mixture of single, one and a half and two storey steading buildings constructed of stone and slate. The eight plots range in size from 450 to 736 square metres and all propose a reasonable level of garden ground. The existing accesses will be upgraded as part of the proposal and the development will be serviced by septic tanks for foul drainage and soakaways for surface water. It is indicated that the areas of ground between the public road and the northern façade of the building and within the courtyard of the building is to be infilled.

1.4 The application has been advertised as being potentially contrary to Policy H12 of the Adopted Angus Local Plan (2000).

2 RELEVANT PLANNING HISTORY

2.1 There is no planning history which is relevant to the consideration of this application.

3 APPLICANT’S CASE

3.1 The applicant has provided a design statement in support of the application which makes reference to the following points:- 2 Report No 284/06

• The traditional vernacular will be maintained as all structurally sound walls will be retained with unsafe walls to be rebuilt using natural stone and slate from downtakings where possible. The doors and windows to be used will be compatible with the period of the building with mock sash and case windows in dark stain timber.

• The developer is proposing a mix of social rented and owner occupied dwellings with the assistance of grow grant subsidy.

4 CONSULTATIONS

4.1 The Director of Roads has viewed the plans and has offered no objections to the proposal subject to conditions.

4.2 The Director of Environmental and Consumer Protection has viewed the plans and has offered no objection subject to conditions.

4.3 SEPA has requested that each dwellinghouse be served by an individual secondary treatment plant discharging to a closed soakaway.

5 LETTERS OF REPRESENTATION

5.1 One letter of representation has been received and is copied at the end of this report. The main issues raised are identified below and are addressed under Planning Considerations:-

• A stone boundary wall should be provided to delineate the farmhouse curtilage from the steading conversion.

• Access to the development should be entirely separate from the farmhouse.

• Water and electricity and existing septic tank should be unaffected.

• Minimal disruption during.

• Road and access road should be kept clean and clear.

• Drainage on main road poor and should be addressed.

• Speed restrictions should be placed on main road with these houses being developed.

6 PLANNING CONSIDERATIONS

6.1 Sections 25 and 37(2) of the Town and Country Planning () Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 In terms of the Town and Country Planning (Scotland) Act 1997, the development plan in this case comprises:-

• Dundee and Angus Structure Plan (Approved 2002); • Angus Local Plan (Adopted 2000) 3 Report No 284/06

6.3 Although the Development Plan is current and up-to-date, Angus Council has been undertaking a review and roll forward of the adopted Angus Local Plan (2000) and the Finalised Angus Local Plan Review was approved by Angus Council at their meeting on 15 December 2004. The Finalised Plan establishes policies and proposals for the period to 2011, (taking into account the guidance from the Dundee & Angus Structure Plan 2002) and although not yet part of the legal Development Plan the Finalised Plan has reached the stage where it is a material consideration to be taken into account in the determination of this planning application. In this report policies of the Finalised Plan (or Committee approved Pre-Inquiry Modifications) have been referred to when the said policy is materially different to the Adopted Angus Local Plan to the extent that, as a consequence the recommendation contained within this report has been substantially influenced.

6.4 Housing Policy 5: Countryside Housing within the Dundee and Angus Structure Plan is relevant to consideration of this application however the main policy context is found in the Angus Local Plan. Housing Policy 5 states that:-

"In the countryside, housing development will generally be directed to existing settlements, defined by development boundaries in Local Plans. Outwith development boundaries housing in the countryside will be supported where it involves:

• renovation of an existing house; or

• conversion of a non-residential building of traditional construction which cannot otherwise be used for a rural business.

A new-build house may be acceptable particularly where it is essential to meet the operational needs of agriculture/forestry or other rural business or where it would assist in maintaining population and services in Category 2 Rural Settlement Units. Proposals should have regard to the following:

• brownfield sites should be used in preference to greenfield land;

• the site must be accessible and capable of connection to infrastructure without adverse cumulative impact;

• the development must have regard to landscape capacity, the natural and built heritage and respect the location through sensitive design and use of materials.

Local Plans will define areas of countryside and provide detailed policy guidance on housing development in those areas."

6.5 This proposal involves the conversion of a traditionally constructed non-residential building and as such is broadly compatible with the principle of the above policy. It is therefore appropriate to consider the proposal in the context of the adopted Angus Local Plan.

6.6 In terms of the Adopted Angus Local Plan (2000), the area proposed for development is within the open countryside and is therefore covered by Policy ENV6 ‘Development in the Countryside’ which states:-

Policy ENV 6: Development in the Countryside

Development proposals in countryside areas will be considered on their own merits against the policies established by this Local Plan. 4 Report No 284/06

6.7 The application is for the conversion of a traditionally constructed farm building and is therefore required to be assessed against Policy H12 ‘Farm Building Conversion’. Policy H12 states:-

Policy H12: Farm Building Conversion

Development proposals for the conversion of traditional farm buildings (built using natural materials) to housing will be considered against the following criteria:-

(a) location, size and scale of buildings. The whole building must be utilised – a mix of residential and farming activities will not be accepted; (b) number and type of units to be provided. An excessive number of small units will not be permissible; (c) retention of vernacular architecture; (d) creation of a good living environment including provision of garden ground; (e) provision of suitable adequate landscaping; (f) suitability of access route.

6.8 The applicant has indicated that the proposed units are to affordable houses and has suggested that these will be funded by GRO Grant from Communities Scotland. In this respect it is appropriate to consider the application against Policy H16 of the adopted Angus Local Plan. This policy states that: -

Policy H16: Affordable Housing

Angus Council will support proposals to develop affordable housing for local needs within development boundaries on sites identified for housing or any windfall or opportunity site capable of providing a good residential environment. Exceptionally, the development of affordable housing may be permitted on sites outwith, but adjoining delineated development boundaries provided that:-

(a) it is clearly demonstrated that there is an overriding local need; and

(b) no alternative site identified for housing or windfall or opportunity site within a settlement is reasonably available; and

(c) it would not adversely affect the character, scale, appearance, setting and surrounding landscape of the settlement concerned.

6.9 In assessing the application against Policy ENV6, the scheme involves the reuse and improvement of an existing steading structure which has fallen into a state of disrepair, with potential safety and amenity implications for neighbouring residents and playing children. The proposal will create affordable housing and as such in principle is a positive proposal with desirable aims. I therefore consider the proposal to be consistent with the general aspects of ENV6. The other policies which require to be considered by this policy are as follows:-

6.10 Policy H12 looks at proposals for the conversion of traditionally constructed agricultural buildings such as this. The proposal is compatible with criterion (a) in that the whole building group will be utilised as part of the development. The proposal is for the creation of eight affordable housing units. Six two-bedroom properties are proposed with one three-bedroom and one four-bedroom unit also proposed. The site plan provided indicates that each plot measures in excess of 400sqm and a reasonable level of garden ground is to be provided for each property and as such the proposal is considered to be consistent with criteria (b) and (d). The applicant has indicated that the vernacular style of the building will be retained by preserving the 5 Report No 284/06

openings of the original structure as far as possible and by using mock sash and case windows with traditional doors. The existing façade will be retained where structurally capable, with some rebuilding of walls where necessary. The proposal is therefore considered to be compatible with criterion (c). Conditions are attached in respect of landscaping and boundary enclosure to ensure that the converted steading sits within an appropriate landscape setting (criterion e). The Director of Roads has viewed the plans and has offered no objection to the proposal subject to conditions in respect of parking and improvement to the access. The application is as such considered to be consistent with criterion (f), and therefore Policy H12 as a whole.

6.11 The applicant has indicated that the properties are to be funded by GRO Grant in order to provide affordable housing units. SPP3, Housing Policy 6 of the Dundee and Angus Structure Plan, Policy H6 of the adopted Angus Local Plan and Policy SC6 of the Finalised Angus Local Plan Review all support the provision of affordable housing with the Structure Plan policy indicating that affordable housing should be provided by agreement with private developers. Angus Council has undertaken a Local Housing Needs Assessment and this has confirmed a requirement for low cost home ownership within the , and Glens Housing Market Area and it is considered appropriate to support provision of the same within this area. In this case the developer is proposing a level of affordable housing in excess of that which would be required for this scale of development by development plan policy and this is welcomed. A condition is attached requiring details of the proposed delivery of the affordable housing units to be submitted for the approval of the planning authority prior to the commencement of development. This will allow the Council to confirm delivery of the low cost housing units and to continue to monitor the number of affordable housing units that are provided within this Housing Market Area.

6.12 A number of issues have been raised in the letters of representation which have been summarised in section 5 of this report. In terms of the issues in respect of boundary treatment and respecting the privacy of the existing farmhouse, the applicant has detailed that a stone boundary wall will be retained along the western boundary of the site to create a ‘walled garden’. This should ensure privacy for the existing as well as would-be future residents at Seggieden. A wooden fence is proposed for the northern section of the western boundary, with the stone wall referred to above extended to the south western extent. I do not consider that a timber fence provides an acceptable boundary treatment in this rural location and a condition is attached to ensure a stone boundary wall replaces the proposed larch fence so that the western boundary is treated with a stone wall in its entirety, which is in line with the representations received. The comments is respect of access are essentially a civil matter and given that there are no objections from the Director of Roads I do not consider this to be an issue of sufficient weight to render the proposal as unacceptable. Notwithstanding this, the access to Seggieden Farm remains private in the main, with plots five and six proposing to use a small portion of the access at the northern end to gain entry to their plots. The other six plots use the easterly access. I have no reason to believe that water, electric and the existing septic tank will be affected by the development. It is however worth noting that the development will require to meet the standards of the building control authority. I note the concerns regarding disruption during construction however this is a comparatively small scale development of a nature that is commonly undertaken in rural areas without significant impact on the amenity of neighbours. There are two accesses to the site and I see no reason why the adjacent resident should suffer an unacceptable level of disturbance during construction/conversion. In respect of the issue raised regarding drainage and the main road, the access will require to be made up to the standards of Angus Council and the Director of Roads has not offered any objection to the application subject to conditions. I also note the comments regarding speed limits and whilst this is not a planning matter I have passed the concerns of the neighbour to the Director of Roads for information. 6 Report No 284/06

6.13 The proposed steading conversion is considered to be compatible with policy and there are no material considerations which in my view would render the proposal as unacceptable. The delivery of affordable housing units within this type of development is welcomed and merits support.

7 HUMAN RIGHTS IMPLICATIONS

7.1 The recommendation in this report for grant of planning permission, subject to conditions, has potential implications for neighbours in terms of alleged interference with privacy, home or family life (Article 8) and peaceful enjoyment of their possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this report justifying this recommendation in planning terms, it is considered that any actual or apprehended infringement of such Convention Rights, is justified. The conditions constitute a justified and proportional control of the use of the property in accordance with the general interest and have regard to the necessary balance of the applicant’s freedom to enjoy his property against the public interest and the freedom of others to enjoy neighbouring property/home life/privacy without undue interference.

8 RECOMMENDATION

8.1 It is recommended that the applications be approved subject to the following conditions:-

Conditions:

1. That the development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2. That no alterations or amendments be made to the details contained in the approved and docqueted plans unless so indicated by conditions attached to this consent or agreed in writing with the planning authority.

3. That prior to the commencement of development visibility sightlines of 3.0 metres x 90 metres in accordance with Angus Council Roads Standards shall be provided on the east side of the westernmost development access and on the west side of the easternmost development access at their junctions with the public road.

4. That no structure, wall, etc. or planting in excess of 1050 mm in height be introduced into the sightline areas.

5. That the crossing(s) over the footpath and/or verge be constructed/ improved in accordance with the standards required by the Director of Roads to the satisfaction of the planning authority prior to the occupation of any dwelling.

6 That not fewer than 16 off-street parking spaces be provided in association with the proposed development to the satisfaction of the Director of Planning & Transport prior to the occupation of any dwelling and shall be retained thereafter.

7. That development shall not begin until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:

i. the nature, extent and types(s) of contamination on the site.

7 Report No 284/06

ii. measures to treat/remove contamination to ensure the site is fit for the use proposed.

iii. measures to deal with contamination during construction works.

iv. condition of the site on completion of decontamination measures.

Before any dwelling house is occupied any measures required to decontaminate the site shall be fully implemented as approved by the planning authority.

8. That the disposal of sewage effluent be in accordance with the standards required by the Scottish Environment Protection Agency to the satisfaction of the planning authority.

9. That the rainwater run-off from roofs and hard standings be directed to a soakaway system to the satisfaction of the building control authority.

10. That the roof shall be finished in natural slate.

11. That prior to the commencement of development the external wall finish to be utilised for those areas of wall to be rebuilt and for infilling of existing openings shall be submitted for the written approval of the planning authority. Only the approved external finishes shall be utilised.

12. That prior to the commencement of the development, details of the means of site enclosure proposed to be used, shall be submitted for the written approval of the planning authority and be erected on or before completion of the development.

13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development as outlined under Part 1 Class 1-6 or Part 2 Class 7 shall be undertaken on plots 4, 5, 6, 7 and 8 of the enclosed site plan and cannot be carried out without planning permission being granted on an application made to the planning authority.

14. That no development takes place until there has been submitted to and approved by the planning authority, a scheme of landscaping, including, where appropriate, an indication of all existing trees and hedgerows on the land and details of these to be retained and cleared, together with the measures for their protection in the course of development. The scheme shall include provision of a beech hedge on the boundary between plots 5 and 6, 6 and 7, 7 and 8, 8 and 4, along the western side of the access track to the east of the development, and along the public road frontage (north) of the site.

15. That all planting comprised in the approved details of landscaping be carried out in the first planting season following the completion of the development or at earlier stages and any plants or trees which within a period of 5 years from the commencement of the use die; are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species.

16. That the larch fence is not approved as part of this application and shall be replaced by a stone wall to a specification approved in writing by the planning authority and shall be erected prior to the occupation of any dwelling.

17. That no part of the development shall be occupied until the entire conversion is completed to the satisfaction of the planning authority. 8 Report No 284/06

18. That prior to the commencement of development details of how the proposed affordable housing units are to be funded and provided shall be submitted for the written approval of the planning authority. Thereafter details shall be implemented in accordance with the approved scheme.

19. That prior to the commencement of development precise details of the proposed infilling, including ground levels and volume, source and composition of infill material shall be submitted for the written approval of the planning authority.

Reasons:

1. In order to comply with the requirements of the Town and Country Planning (Scotland) Act 1997.

2. For clarification purposes and for the avoidance of any possible misunderstanding.

3. In the interests of road traffic and/or pedestrian safety.

4. In the interests of road traffic and/or pedestrian safety.

5. In the interests of road traffic and/or pedestrian safety.

6. In order that the development shall conform to established car parking standards.

7. In the interests of safety.

8. In order that the drainage arrangements to serve the site are to the satisfaction of this Authority.

9. In order that the drainage arrangements to serve the site are to the satisfaction of this Authority.

10. In order that the visual amenity of the area shall not be adversely affected.

11. In the interests of visual amenity.

12. In order that the visual amenity of the area shall not be adversely affected.

13. In order to maintain the architectural and/or visual amenity of the area.

14. In order to ensure that the landscaping proposals necessary to enhance the amenity of the proposal/development are satisfactory and acceptable to the Council.

15. In order to comply with the landscaping requirements of the local Planning Authority and ensure subsequent maintenance.

16. In order to ensure the provision of a boundary treatment appropriate for a rural location.

17. In order to ensure an acceptable residential environment is created.

18. In order to clarify the terms of this permission and in order to allow the planning authority to monitor the provision of affordable housing within the Housing Market Area. 9 Report No 284/06

19. In order that the planning authority can verify the acceptability of the proposals in the interests of visual and residential amenity.

NOTE

No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report.

AA/ET/IAL 14 February 2006

Alex Anderson Director of Planning and Transport