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Evanton – Various Issues and Exclusion of Swordale As a Settlement

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Evanton – Various Issues and Exclusion of Swordale As a Settlement Ross & Cromarty East Local Plan Inquiry THE HIGHLAND COUNCIL ROSS & CROMARTY EAST LOCAL PLAN INQUIRY STATEMENT OF OBSERVATIONS by the DIRECTOR OF PLANNING and DEVELOPMENT ISSUE 29: Evanton – various issues and exclusion of Swordale as a settlement 1. Introduction 1.1 The Highland Council (THC) has undertaken to hold a Public Local Inquiry to consider objections lodged by Mr A Macdonald [CD30/140] in respect of policies contained within Chapter 16 of the Deposit Draft with reference to development factors. 1.2 THC will call Brian MacKenzie, Planning and Development Service and Jim Yuill, Principal Engineer, Transport, Environmental and Community Services as planning witnesses. 1.3 THC wishes to submit the following productions: - [CD1] The Highland Structure Plan: Approved Plan: THC: March 2001 [CD4] Easter Ross Adopted Local Plan: THC: July 1992 [CD6] Development Plan Policy Guidelines: THC: October 2003 [CD8] Ross & Cromarty East Local Plan: Consultative Draft: THC May 2002 [CD9] Ross & Cromarty East Local Plan: Deposit Draft: THC: October 2003 [CD10] Ross & Cromarty East Local Plan: Statement of Publicity, Consultation and representations: THC October 2003 [CD11] Ross & Cromarty East Local Plan: Proposed Modifications to the Deposit Draft (Prior to Public Local Inquiry): THC February 2005 [CD13] SPP1: The Planning System: Scottish Executive: November 2002 [CD15] SPP3: Planning for Housing: Scottish Executive: February 2003 [CD17] SPP15: Rural Development: Scottish Executive: February 2005 [CD25] Ross & Cromarty Area Planning Committee Item: Representations on the Consultative Draft Local Plan: The Highland Council: 15 September 2003 [CD26] Planning Development Europe & Tourism Committee Item: Representations on the Consultative Draft Local Plan: The Highland Council: 1 October 2003 [CD27] Ross & Cromarty Area Planning Committee Item: Objections and Representations on the Deposit Draft Local Plan: The Highland Council: 25 January 2005 [CD30] Letters of objection and representation to the Deposit Draft Local Plan [CD31] Objections to the Proposed Changes to the Deposit Draft Local Plan [THC 29/1] Map depicting Swordale planning history – A MacDonald [THC 29/2] Statement regarding Swordale road capacity, Jim Yuill, Principal Roads Engineer, TEC Service, THC Director of Planning and Development 1 Issue 29 –June/July 2005 Ross & Cromarty East Local Plan Inquiry [THC29/3] Scottish Executive: Inquiry Reporters Unit, Decision Letter 31/03/03 Swordale Farm, Evanton, Dingwall (02/00257/FULRC). [THC29/4] An Inventory of Gardens and Designed Landscapes, pp 29-31 extract. 2. Background National Planning Guidance/Advice 2.1 Scottish Planning Policy 15: Planning for Rural Development [CD17], was published in February 2005 following an earlier consultation draft and supersedes NPPG15. The following paragraphs are relevant: - 18. This states that SPP 3 remains the first point of reference on the general policy for housing; and that “This SPP advances policy in respect of small scale rural housing developments including clusters and groups in close proximity to settlements,………. The overall message is that there is considerable scope for allowing more housing developments of this nature and that this should be expressed in development plans, either as part of general settlement policy or as a separate sub-set on rural housing policy.” 21. This states that the amount and location of housing that can be developed in rural areas is determined by a number of factors, including proximity to services e.g. schools, shops (ideally within walking or cycling distance); ease of access; and drainage or sewerage capacity; and that fit in the landscape will be an important consideration. 2.2 Scottish Planning Policy 1: The Planning System para 41 states that, “Supplementary Guidance can be useful where: ….the level of detail is inappropriate for a development plan….” 42 states that “Supplementary guidance should be used to support statutory development plans, not as an alternative………………The relevance to the decision making process will also depend on the extent of public consultation on the guidance and it being kept up to date” 2.3 The Councils Development Plan Policy Guidance was drafted in May 2002 as supplementary guidance to the Structure Plan and approved in October 2003. In respect of its context to the Local Plan it was part of the consultation of the Consultative and Deposit Draft Ross and Cromarty East Local Plan. 2.4 In light of the production of the new SPP15: Planning for Rural Development a review of the Development Plan Policy Guidance is likely on criteria and opportunities for housing in the countryside. The land management criteria will remain but other justifications may be included. Highland Structure Plan Director of Planning and Development 2 Issue 29 –June/July 2005 Ross & Cromarty East Local Plan Inquiry 2.5 The Highland Structure Plan [CD1] was approved in March 2001. Paragraph 1.7.1 refers to the emergence from the sustainability objectives and the strategic themes the development of a number of general policies demonstrating the expectations of The Council with regard to any proposal for development. They cover a range of issues relating to sustainable development and are considered vital to the implementation of the Plan's strategic themes. More specifically, Policy G2 Design for sustainability indicates that “Proposed developments will be assessed on the extent to which they: “are compatible with service provision (water and sewerage, drainage, roads, schools, electricity); …………” 2.6 Policy H3 Housing in the countryside states that “housing development will generally be within existing and planned new settlements.” Development Plan Policy Guidelines 2.7 In October 2003, following previous consultation on a draft published in May 2002, THC published Supplementary Development Plan Policy Guidelines (DPPG) on Housing in the Countryside and Affordable Housing [CD6]. DPPG1 contains a more detailed interpretation of Structure Plan Policy H3 on Housing in the Countryside. This was drafted after discussions with Scottish Executive Planning officials and defines “existing settlements” as: • those identified through the Structure Plan and local plan settlement hierarchies (based on the provision of services); • groups of houses which have one or more of the following facilities: mains drainage or a scheme in SW’s 3-year plan; a public septic tank; street lighting; a 30 mph speed limit; a school, a doctor’s surgery, a shop, a post office, a petrol filling station, a public hall, or a pub; • established groups which comprise cluster, linear, or other recognisable forms of building without such a facility, but which are contained within a clear visual envelope; or • dispersed grouping with a crofting settlement pattern. 2.8 DPPG1 makes clear that such settlements are only to be defined where there are opportunities to make use of spare capacity to accommodate new housing, and where this would be consistent with, or enhance, the cohesiveness and visual appearance of the group. Generally, this will be within the existing boundary of the group, although there may be opportunities for some limited extension where the development will help to enhance the appearance of the group as a whole. Planning History 2.9 Previous planning decisions in respect of Swordale – A MacDonald(Cairnhill Ltd), are detailed below, use in conjunction with base map depicting application sites, A, B & C[THC29/1] A - North Steading, Swordale RC/1998/401 - Change of use of East Wing of Steading to House Planning Permission 19.07.98; Director of Planning and Development 3 Issue 29 –June/July 2005 Ross & Cromarty East Local Plan Inquiry RC/1998/592 -Conversion of Middle Barn to House - Planning Permission - 09.11.98; RC/1998/593 - Conversion of West Wing to Two Houses (Detail) - Planning Permission -09.11.98; RC/1999/623 - Conversion to House (Amended Layout for West Wing and Relaxation of Conditions 2, 4 and 6 (RC/1998/593)) - Planning Permission 5.1.00; 00/00136/FULRC - Conversion of West Wing North to House - Planning Permission 17.4.00; 00/00654/FULRC - Amend Consent for West Wing North to include corner section of Steading - Planning Permission 12.09.00. 01/00287/FULRC - Amend Layout of Approved House to Include a Further House Unit (RC/1998/401) - Withdrawn 26:04;01; 01/00050/FULRC - Sub-Division of House & Extension of Middle Barn to Form Two Houses - approved 01/003 3 6/FULRC - Amend Layout of House & Conversion of Part of Steading to Form Additional House (Two Units) (Amended to One House) 01/00539/FULRC - Conversion of East Wing North of Steading to House (Re- application) – planning permission 17.9.01. 02/00255/ FULRC – Conversion of remainder of north steading to three dwellings PP, 05/08/02 B - South Steading, Swordale 02/00256/FULRC – Conversion of south steading to three dwellings, PP-22/11/02 C - Erection of Farmhouse, Swordale 02/00257/FULRC – Erection of Farmhouse, Swordale Farm – REFUSED APPEAL TO S.E. DISMISSED 31/03/03 04/00344/FULRC – Erection of Farmhouse, Swordale Farm - REFUSED 2.10 Applications in relation to the North and South Steadings relate to successful applications in relation to the conversion of existing farm buildings at Swordale. These applications have resulted in the development of 13 dwellings in compliance with Structure Plan policy H3 and the Development Plan Policy Guidance. The development of the Steadings has meant an increase of properties at Swordale from 13 to 23 houses, of which 3 at South Steading are still under construction, have provided a significant increase in traffic to the Swordale Road. 2.11 The applications in relation to the provision of a farmhouse both brought refusals in relation to non-compliance with the Development Plan Policy Guidelines[CD6] in regard to agricultural justification. 2.12 The appeal dismissed by the Scottish Executive, Inquiry Reporters Unit, Decision letter [THC29/3] relate to the requirement for a house in relation to national guidance and Structure Plan policy H3 in relation to land management requirement and granting of a previous application under agricultural justification relating to Swordale Farm, paras 20 and 21 of the decision letter.
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