Application No: N/04/01564/FUL

Date Registered: 2nd September 2004

Applicant: Mr M Hawthorne Banton Loch House Colzium Kilsyth G65 OPY

Agent BDA Design 38 Wellpark Crescent Stirling FK7 9HF

Development: Construction of 3 Chalets

Location: Banton Loch House, Kilsyth

Ward: 66: Banton and Kilsyth East Councillor Tom Barrie

Grid Reference: 273432.678380.

File Reference: N1041015641FUL

Site History:

Development Plan: The site is covered by Greenbelt policies and is a Site of Importance for Nature Conservation in the Kilsyth Local Plan 1999.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Com ments) Scottish Water (Comments) Historic Scotland (Comments) West of Scotland Archaeology Service (Comments)

Representations: 1 Representation Letter

Newspaper Advertisement: 8thSeptember 2004

Comments:

This application is for the construction of three holiday chalets at land to the south of Banton Loch House, Colzium, by Kilsyth. One letter of representation has been received from a neighbour, the points of which are outlined in the accompanying report.

It is considered that the proposal is contrary to the Greenbelt policies of the Kilsyth Local Plan 1999 and it is recommended that planning permission be refused. I

181 om66i62io FIX 01236 615232 Recommendation: Refuse for the Following Reasons:.

1. In the interests of amenity and the proper planning of the area in that the proposed chalets would constitute inappropriate new development in the Greenbelt, and as such would be contrary to the Kilsyth Local Plan 1999 and Circular 2411985 "Development in the Countryside and Green Belts".

2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse similar applications.

Background Papers:

Application form and plans received 2nd September 2004

Letter from Scottish Natural Heritage received 8th October 2004 Letter from Scottish Water received 20th September 2004 Letter from Historic Scotland received 13th October 2004 Letter from West Of Scotland Archaeology Service received 13th October 2004

Letter from Mr John Freebairn, Ferni-Brae, Colzium, Stirling Road, Kilsyth, G65 OPY received 23rd September 2004.

Kilsyth Local Plan 1999 SDD Circular 24/1985 Development in the Countryside and Green Belts NPPG 15 Rural Development

Any person wishing to inspect these documents should contact MrsDevlin at 01236 616463. APPLICATION NO. NI04101 5641FUL

REPORT

1, Description of Site and Proposal

1.I This application is for the construction of 3 chalets at Banton Loch House, Colzium, Kilsyth. The site is south of Banton Loch House and north of Lochend Cottage. The site is bounded to the west and east by a privately owned single track road. South east of the site sits the nationally important protected monument known as Castle Hill Motte while to the east is Banton Loch.

1.2 The chalets are proposed on scrub land that sits at a lower level than the adjacent curtilage of Banton Loch House facing south towards Woodend Cottage.

Development Plan

2.1 Under the Kilsyth Local Plan 1999 the site is covered by the following policies

0 GB1-4: Greenbelt Policy GB2 states “.... there will be a presumption against new development in the Greenbelt unless required for agriculture, forestry, horticulture, nature conservation, appropriate countryside recreation and tourism dependant upon a countryside location . . .”.

0 Countryside Recreation and Tourism Policy CTI is also relevant. This states “The Council will seek to enhance and expand tourism through the improvement of existing visitor attractions and infrastructure, such as sign posting and interpretation facilities, identifying potential sites, and by encouraging and promoting new visitor attractions within the plan area, provided that these proposals are sympathetically designed and there is no significant loss of amenity to the surrounding area and are consistent with appropriate local plan policies”.

0 NE9 states “There will be a general presumption against development which could affect could affect the Sites of Importance for Nature Conservation...... Where development is to be approved which could affect such a site, the Council will seek to ensure that the interests for which the site has been designated are adequately protected and to provide for suitable replacement habitats where damage is unavoidable”.

2.2 Relevant national planning guidelines are as follows

0 Scottish Development Department Circular 2411 985: Development in the countryside and Greenbelts - “The then Secretary of State (now Scottish Ministers) attaches great importance to the need to preserve the existing designated Greenbelts and to the need to establish confidence in their permanence. Developmenf within designated Greenbelts should continue to be strictly controlled. Prospects for the achievement of these objectives can best be enhanced by the incorporation of appropriate control policies in development plans. (Paragraph 6). The three main purposes of Greenbelts are to :- I) maintain the identity of towns by establishing a clear definition of their physical boundaries and preventing coalescence; 2) provide countryside for recreation and institutional purposes of various kinds; and 3) mainfain the landscape setting of towns. (Annex Paragraph 3)”

0 National Planning Policy Guideline 15: Rural Development (See para. 4.7) 3. Consultations and Rewesentations

3.1 Scottish Water state there is an existing public water main located in the street adjacent to the site which may be suitable to provide a supply to the proposed development. A 12” water main is located within the site. There are no known sewers to which a connection can be made from the proposed development, therefore drainage will require to be treated by septic tank or other suitable treatment system to the satisfaction of SEPA.

3.2 My Protective Services Section have requested that If approved, a site investigation survey be carried out prior to work beginning on site in accordance with the requirements of British Standard Code of Practice BSI0175 2001 as the site is 20 metres from an old mineral railway, 170 metres from a former mine and 230 metres from a former marshalling yard.

3.3 Scottish Natural Heritage have raised concerns over the physical and visual impact of any development on the woods and parklands of the Colzium-Margaret Lennox Memorial Estate Site of Importance for Nature Conservation (SINC) and on the hydrological and recreational value of Banton Loch SINC. While no objection is lodged to the proposal, it is requested that if approved, a number of conditions relating to issues such as site management, habitat surveys and protection of trees be attached.

3.4 West of Scotland Archaeology Service considers that the general setting of the Castle Hill Motte is unlikely to be seriously affected by the proposal. The views outward from the monument are also unlikely to be further compromised. It is suggested that if approved, a condition requiring an archaeological watching brief would ensure that the developer builds into the construction works a methodology to address the possibility of archaeological survival within the site, and that such remains would be recorded before their destruction.

3.5 Historic Scotland state that given the low-intensity nature of the proposal there is no objection, although the close proximity of the easternmost chalet to the Castle Hill Motte is raised as being an issue.

3.6 My Transportation Section has no objections to the proposal subject to the need for conditions relating to the widening of the access track to permit two-way traffic, sufficient parking provision per chalet and the need for additional hardstanding for the turning of service vehicles.

3.7 This application was subject to the normal neighbour notification procedures and was also advertised in the local press as being potentially contrary to the Greenbelt policies of the local plan. One letter of objection was received from a neighbour, the main points of which are summarised as follows:-

+ The development is not within the existing boundary or garden of Banton Loch House.

Comment: It is agreed that the proposal is not within the curtilage of Banton Loch House, but directly adjacent.

+ The pathways either side of the site are owned by Sir Archibald Edmonstone of Duntreath Castle, Blanefield who has not been neighbour notified of the proposal.

Comment: The applicant was contacted to inform him of the omission from the neighbour notification process and has since confirmed that Sir Archibald Edminstone has been formally notified. + The development appears to straddle a 12” water main that runs through the site.

Comment: Scottish Water has confirmed that a 12” water main runs through the site.

+ The water level in the loch is higher than parts of the site and the objector’s garden, which at times has standing water. The passage of the water through the site could become contaminated with the introduction of a soakaway.

Comment: As there are no know sewers to which a connection can be made a bio disc mini sewage treatment plant is proposed. This would have to satisfy SEPA’s requirements and ensure there would be no potential of contamination of adjacent land.

+ The proposed use of concrete tiles is inappropriate for the location.

Comment: While a slate or slate alternative tile would be more appropriate, neither the site nor the single storey chalets would be highly visible.

+ The layout is too formal and should be set in a circular formation round the hill.

Comment: It is considered that the layout is acceptable from a planning viewpoint.

+ There is concern that there would be noise disturbance caused by antisocial behaviour and smells emanating from barbecues.

Comment: Any antisocial behaviour would be a policing matter. Cooking smells would not be a serious enough issue to warrant refusal of the application.

+ The increased traffic using the pathway over which the site has no right of access, combined with the poor visibility at the junction with the path to the loch, are of concern.

Comment: My Transportation Section has raised no concerns that cannot be covered by conditions. The fact that there is no right of access over the path is a legal matter and not a material planning consideration.

+ The proposal would obstruct the objector’s view of Banton Loch.

Comment: There is no entitlement to a view under planning legislation.

+ The proposal is contrary to the local plan.

Comment: It is agreed that the proposal is contrary to the Greenbelt policies of the Kilsyth Local Plan 1999.

+ If approved, the proposal would disturb wildlife, especially deer that regularly cross and graze on the site.

Comment: Most development has some level of impact on the natural environment. However, if approved, Scottish Natural Heritage has requested a habitat survey for any species that receive statutory protection. 4. Planninn Assessment and Conclusions

4.1’ Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

Development Plan and National Planning Guidelines :

4.2 The proposed development is contrary to Greenbelt policy within the Kilsyth Local Plan in that it is not “required” for countryside recreation and tourism dependant upon a countryside location. Tourists can enjoy local attractions such as the Forth and Clyde Canal without needing to stay in the proposed chalets. The proposal is also contrary to national Greenbelt policy as covered in Circular 24/1985.

4.3 The proposal is not supported by Countryside Recreation and Tourism Policy CTI which promotes new visitor attractions, but only when there is no significant loss of amenity and the visitor attractions are consistent with appropriate local plan policies such as Greenbelt policy.

4.4 The planning of tourist I user facilities in the North Lanarkshire stretch of the Forth and Clyde Canal is based on the Forth and Clyde Canal Local Plan and is taken forward by the North Lanarkshire Millennium Link Group (of which North Lanarkshire Council is member) which supports development at Auchinstarry Basin. The Auchinstarry Basin development that is under construction links into Structure Policies SP1 and SP5 which seek to promote and manage the Forth and Clyde Canal Millennium Link Corridor. The Auchinstarry Basin proposal is also designed to give most benefit to Kilsyth and Croy.

4.5 Although the application site is just outwith the boundaries of the Forth and Clyde Canal Local Plan it should be noted that the keys aims of this Plan are

0 to propose a combination of recreational and amenity uses for the canal and its environment, 0 to provide for an increase in use, 0 to identify priority areas for environmental improvement for recreational amenity and possible commercial developments, 0 to promote the restoration of navigation along the length of the canal, and 0 to protect it from decline in the future.

4.6 It is considered that the above objectives are promoted in North Lanarkshire by the identification of Auchinstarry Basin for further development and Craigmarloch Stables for possible tourist related conversion. The proposal, while relatively small in scale, will detract from these specified developments.

4.7 National Planning Policy Guideline 15 “Rural Development” is generally supportive of recreational activities and rural development while making it clear that rural development must accord with the development plan (NPPG 15 - Paragraph 26).

4.8 Local Amenity .- It is considered that the proposed chalets will have a minimal impact on the appearance of this area due to the fact that the site is at a low level and is in a secluded setting. While Historic Scotland and West of Scotland Archaeology Service both raised concerns because of the close proximity of the scheduled ancient monument Castle Hill Motte, neither body formally objected. While the site is within a designated Site of Importance for Nature Conservation, Scottish Natural Heritage offered no objection subject to conditions relating to site management and the need for a habitat survey. 4.9 Tourism Issues ;Key issues include whether or not there is a case for new tourist accommodation in rural locations. Furthermore, would new build tourist accommodation at the application site set a precedent for further development at other rural locations? The fact that an outline application for a chalet and caravan park was approved subject to the conclusion of a Section 75 legal agreement at nearby Woodend Farm must be taken into consideration. Is there therefore the need for further tourist accommodation in the Kilsyth area?

4.10 It is considered that the correct means of taking a view on the above issues is through the local plan process. This will allow for public participation and debate on the question of tourism.

4.1 1 In conclusion, approval of the proposed chalets will set a precedent for other developments in rural Greenbelt locations to the general detriment of the setting of Kilsyth and would be contrary to the policies of the local plan and national planning guidance. The applicant has submitted no special circumstances which would allow a departure from established planning policy in this case, and it is recommended that permission be refused.