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Created by Created by Neevia Document Converter Trial Version DEVELOPMENT SERVICES Ward Number - 2 – Kintyre & the Islands PLANNING APPLICATION REPORT Date of Validity - 6th August 2008 MID ARGYLL, KINTYRE AND THE ISLANDS Committee Date - 4th March 2009 __________________________________________________________________________ Reference Number: 08/01353/COU Applicants Name: Director of Community Services, Argyll & Bute Council Application Type: Change of Use Application Description: Use of land to form extension to school playground, car park and formation of access Location: Gigha Primary School, Ardminish, Isle of Gigha __________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Change of use of land to form an extension to school playground; • Change of use of land to form school car park; • Formation of a new vehicular access. __________________________________________________________________________ (B) RECOMMENDATION Recommend that planning permission be granted subject to the conditions and reasons attached. __________________________________________________________________________ (C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS (i) Development Plan Context: The application site lies primarily within the settlement boundary for Ardminish as defined in both the adopted ‘Kintyre Local Plan’ and the emerging ‘Argyll and Bute Local Plan’. The proposal may be considered appropriate community development within the settlement in the context of both plans. Part of the application site (the land required for a new access driveway) lies within, and at the edge of, an area of ‘countryside around settlement’ (CAS) as defined within the Structure Plan and the emerging Argyll and Bute Local Plan. Policy STRAT DC 2 states that in special cases, a locational need or exceptional circumstance may justify a development within the ‘countryside around settlement’ zone, provided that the development does not “erode the setting of the settlement or result in undesirable forms of ribbon development or settlement coalescence”. In this case, there is no available alternative means of access other than through the CAS and the development proposed would not erode the setting of the settlement, result in any form of ‘ribbon development’ or settlement coalescence. It is considered that this lack of an alternative means of access would constitute a locational need and an exceptional circumstance justifying this means of access through the CAS. Created by Neevia Document Converter trial version http://www.neevia.com Created by Neevia Document Converter trial version (ii) Representations: Representations have been received from two households to date: Dr A. and Mrs J. Wightman of Ceol Mara, Ardminish, Isle of Gigha and; Mr and Mrs F. Gillies of Heather Lea, Ardminish, Isle of Gigha. Various letters and e-mail communications have been received. (iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing: N/a (iv) Reasoned Justification for a Departure to the Provisions of the Development Plan. N/a (v) Is the Proposal a Schedule 1 or 2 EIA development: No (vi) Does the Council have an interest in the site: Yes – the Council as Education Authority is the applicant. (vii) Need and Reason for Notification to Scottish Ministers. None. (viii) Has a sustainability Checklist Been Submitted: Not applicable for this scale of development. Angus J Gilmour Head of Planning 18th February 2009 Author: Tim Williams Date: 17.02.09 Reviewing Officer: Richard Kerr Date: 18.02.09 Created by Neevia Document Converter trial version http://www.neevia.com NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll- bute.gov.uk Created by Neevia Document Converter trial version http://www.neevia.com CONDITIONS AND REASONS RELATIVE TO APPLICATION: 08/01353/COU 1. The development to which this permission relates must be begun within five years from the date of this permission. Reason: In order to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997. 2. Before any works commence on site, a full schedule of works shall be submitted to and approved in writing by the Local Planning Authority. The required schedule shall include full details of all proposed surface treatments, boundary treatments (including any new gateways) and both existing and proposed levels in relation to a fixed off-site datum point. The development shall be implemented in accordance with the duly approved details. Reason: In the interests of the visual amenity and appearance of the site and in order to define the permission, no specific details having been submitted with the application. 3. Notwithstanding the requirements of Condition 2 above, details shall be submitted showing a new tree and/or hedge screen planting belt along the eastern boundary of the application site adjacent to the residential property ‘Heather Lea’ and along the southern part of the western boundary of the application site adjacent to the residential property ‘Ceol Mara’. The required planting belt shall be comprised of native species and the type, specimen height (at time of planting) and position of each tree/plant specimen shall be clearly indicated on the submitted landscaping scheme plan and accompanying schedule. The agreed screen planting belt shall be fully implemented during the first available planting season following the commencement of the development and shall be subsequently maintained. Any trees or shrubs removed, or which in the opinion of the Local Planning Authority, are dying, being severely damaged or becoming seriously diseased within five years or planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: In order to attenuate the impact of the proposed development upon the privacy and residential amenity of the occupiers of the adjoining residential properties ‘Heather Lea’ and ‘Ceol Mara’ , and in order to integrate the proposed development within the wider landscape. 4. Notwithstanding the requirements of Condition 2 above, details shall be submitted showing a new shrub and/or hedge screen planting belt along the northern boundary of the proposed new vehicular access road, adjacent to the southern boundary of the residential property ‘Ceol Mara’. The required planting belt shall be comprised of appropriate native species and the type, specimen height (at time of planting) and position of each shrub/plant specimen shall be clearly indicated on the submitted landscaping scheme plan and accompanying schedule. The agreed screen planting belt shall be fully implemented during the first available planting season and shall be subsequently maintained. Any trees or shrubs removed, or which in the opinion of the Local Planning Authority, are dying, being severely damaged or becoming seriously diseased within five years or planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: In order to attenuate the impact of the proposed development upon the privacy and residential amenity of the occupiers of the adjoining residential property ‘Ceol Mara’ and in order to integrate the proposed development within the wider landscape. Created by Neevia Document Converter trial version http://www.neevia.com 5. The proposed access shall have visibility splays of 2.0 metres x 90.0 metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over 1.1 metres in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over 1.1 metres in height to the satisfaction of the Planning Authority. Reason: In the interests of highway safety. 6. Prior to work starting on site, the access hereby permitted shall be formed in accordance with the Council’s Highway Drawing Numbers TM197, G300 and TM377 (type C construction), with the bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the existing carriageway edge or as otherwise agreed in writing with the Planning Authority. Reason: In the interests of highway safety. 7. The gradient of the site access shall not exceed 1 in 15 within 4.5 metres of the edge of the existing carriageway. Reason: In the interests of highway safety. INFORMATIVES: The access shall be constructed to ensure that no surface water is discharged to the public highway in the interests of road safety. The Council’s roads engineers may be contacted on 01546 604655 in connection with the requirements of conditions 5 – 7 above. Created by Neevia Document Converter trial version http://www.neevia.com APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01353/COU MATERIAL CONSIDERATIONS AND ADVICE (i) POLICY OVERVIEW AND MATERIAL ADVICE ‘Argyll and Bute Structure Plan’ 2002 STRAT DC 1 – Gives encouragement to ‘small scale’ development which is compatible with an essentially rural settlement location on appropriate ‘infill’, ‘rounding-off’ and ‘re-development’ sites. STRAT DC 2 – Seeks to resist development
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