Erection of a One and a Half Storey Dwelling House in Garden Ground at Land West of 1, St Ninians Road, Cambusbarron - Mr Magnus Fernandes - 14/00034/Ful

THIS REPORT RELATES STIRLING COUNCIL TO ITEM 06 ON THE AGENDA

PLANNING & REGULATION PANEL ECONOMY, PLANNING & REGULATION

9 DECEMBER 2014 NOT EXEMPT

ERECTION OF A ONE AND A HALF STOREY DWELLING HOUSE IN GARDEN GROUND AT LAND WEST OF 1, ST NINIANS ROAD, CAMBUSBARRON - MR MAGNUS FERNANDES - 14/00034/FUL

1 SUMMARY

1.1 This application was presented at Planning & Regulation Panel on 11 November 2014 and was deferred for a site visit and a Hearing.

1.2 This application seeks full planning permission to erect a dwelling house within the garden grounds of number one St Ninian’s Road, Cambusbarron which is immediately adjacent to The Bruce Memorial Church and is situated within the Cambusbarron Conservation Area. The site is to be accessed by creating a new independent access through the hedge and low rise stone wall and on to St Ninian’s Road.

1.3 The application is being recommended for refusal as it is considered that the proposal does not comply with Stirling Council’s Adopted Local Development Plan Policies (September 2014) for development within Conservation Areas and within the garden/grounds of buildings within a Conservation Area.

1.4 The application has been referred to the Planning & Regulation Panel at the request of Councillor Mike Robbins who wishes the recommendation for refusal to be further considered. In particular, whether the recommendation for refusal raises issues over the consistency of the interpretation of planning policy for new houses in the Conservation Area, given that there have been previous permissions granted in close proximity to the site. For example the Forth Housing Association development that adjoins this site boundary to the north east.

1.5 A site visit will take place on 4 December 2014.

2 OFFICER RECOMMENDATION(S)

The Panel agrees:

2.1 To Refuse the application for the reasons set out below:

(a) In the opinion of the Planning Authority, the proposed development is contrary to Primary Policy 1 and Policy 7.2 of The Adopted Stirling

Council Local Development Plan September 2014 as it is considered that the introduction of a house at this site will have a harmful impact upon the character, appearance and amenity of the Conservation Area, due to the proximity of the proposed house to the landmark church, the removal of the frontage wall/ hedge to form the vehicular access, loss of greenery/trees from around the church, hardening of the appearance of the site and the insertion of a modern development into a relatively narrow intervening space between two prominent traditional important buildings.

(b) In the opinion of the Planning Authority, the proposed development is considered contrary to Policy 7.4 of The Adopted Stirling Council Local Development Plan September 2014, as it is considered that the introduction of a house at this site will have a harmful impact upon the character, appearance and amenity of the Conservation Area, due to the proximity of the proposed house to the landmark church, the removal of the frontage wall/ hedge to form the vehicular access, loss of greenery/trees from around the church, hardening of the appearance of the site and the insertion of a modern development into a relatively narrow intervening space between two prominent traditional important buildings.

(c) In the opinion of the Planning Authority, the proposed development is considered contrary to Policy 10.1 of The Adopted Stirling Council Local Development Plan September 2014, as it is considered that the introduction of a house at this site will have a harmful impact upon protected trees and the hedge which are of high amenity value, due to the close proximity of the house bringing it well within the tree canopies and the corresponding root systems/root protection areas and the need to form an access through the hedge that fronts St Ninian’s Road.

(d) In the opinion of the Planning Authority, the proposed development is considered contrary to Proposed Statutory Supplementary Guidance SG07 Conservation Area Appraisals Cambusbarron August 2014 as it is considered that the introduction of a house at this site will have a harmful impact upon the character, appearance and amenity of the Conservation Area, due to the proximity of the proposed house to the landmark church, the removal of the frontage wall/ hedge to form the vehicular access, loss of greenery/trees from around the church, hardening of the appearance of the site and the insertion of a modern development into a relatively narrow intervening space between two prominent traditional important buildings.

3 CONSIDERATIONS

The Site

3.1 The site is garden ground, which significantly slopes down towards Birkhill Road and sits between the applicant’s house and the landmark Bruce Memorial Church. Within the site and immediately adjacent to the site there are trees and vegetation that significantly contribute towards the character of the Conservation Area. A low rise wall and a mature boundary hedge of

significant amenity value runs along the site frontage with St Ninian’s Road. To the rear of the site and the north east there is a Forth Housing scheme. The site is to be accessed by creating a new independent access through the hedge and low rise stone wall and on to St Ninian’s Road.

The Proposal

3.2 It is proposed to subdivide the garden to form an additional housing plot between The Bruce Memorial Church and the applicant’s property. The proposal is for the erection of one dwelling house, single storey with roof accommodation of an L plan layout. The house is of mixed design with traditional appearance to the street frontage and more modern appearance as it slopes down towards the Main Street. The house is to be constructed and finished from materials such as natural stone for the majority of the walls, natural slate on the roof, timber windows and doors and two walls finished using a wet dash render.

Previous History

3.3 S/01/00272/OUT was for outline planning permission on this site (planning permission in principle) which was refused as it was decided that the proposal would not preserve or enhance the architectural and landscape quality of the Conservation Area in which it is located. In particular it would not preserve or enhance the character and appearance due to the adverse impact upon density and boundary treatments.

3.4 That decision was appealed, but was dismissed as the Reporter concluded that the site was important for forming a pleasant green backdrop for the Church and is prominent from the street. The Reporter’s Decision Notice states “As it (the site) intersperses both buildings it emphasises their bulk, scale, attractive design and cultural importance. The development of this site would significantly alter this, firstly by immediately removing a large amount of greenery from the site, in particular from along the road frontage. This will harden the appearance of the site and remove much of the contrasting setting of the important townscape buildings. It would also insert new development into the relatively narrow intervening space. The shape of the plot limits the ability to place development anywhere other than near the site frontage, where it would be closest to the existing buildings and most prominent”.

3.5 As a result it was considered that the proposal would damage the appearance of the street scene, the setting of the adjacent buildings and the character and appearance of the Conservation Area. Although no design details were submitted with the application, the Reporter concluded that it was unlikely that the house would appear as anything other than a modern intrusion into the narrow intervening space between two attractive and highly traditional buildings.

3.6 Also it was concluded that the proposal would result in the loss of prominent trees, which would adversely impact the character and appearance and amenity of the site and the Conservation Area. The works to create the access onto St Ninian’s Road, cutting through the hedge and wall would reduce the visual amenity of the street adversely impacting upon the character and appearance of the conservation area.

3.7 S/00/00565/DET: Approval for the erection of 17 houses for Forth Housing Association on land adjacent to the Community Centre St Ninians Road, Cambusbarron. This was a brownfield site and is not within the adopted conservation area.

Development Plan Policy

3.8 Primary Policy 1: Place making: of the Adopted Stirling Council Local Plan September 2014 states that development of all scales must be designed and sited, not only with reference to their own specifications and requirements, but also in relation to the character and amenity of the place, urban or rural, where they are located.

3.9 Policy 7.2 of the Adopted Stirling Council Local Plan September 2014 States that: Development within a Conservation Area and development outwith that will impact on the Conservation Area shall preserve or enhance its character, appearance and setting.

3.10 Policy 7.4 of the Adopted Stirling Council Local Plan September 2014 States that: new development will not generally be supported within the gardens and grounds of existing buildings within the Conservation Areas. Support may be given to developments which propose:

3.11 The sympathetic conversion of existing properties or ancillary buildings, the erection of small scale ancillary buildings directly associated with the use of the main building and include the retention of existing boundaries and landscape treatments that contribute to the character.

3.12 Policy 10.1: of the Adopted Stirling Council Local Plan Sept 2014 States that: Development proposals should provide protection from adverse impacts resulting from development to important individual trees, groups of trees or hedgerows that contribute to local amenity or have nature conservation or historic interest. During the construction phase ensure that the protection and management of retained trees on development sites in accordance with BS 5837:2012 Trees in relation to design, demolition and construction April 2012. All proposals on sites with existing trees or other significant vegetation features within or close to the site boundaries should ensure the long term retention of existing and proposed trees by positioning buildings an appropriate distance from them, taking into account the ultimate height of the trees.

3.13 Proposed Statutory Supplementary Guidance SG07 Conservation Area Appraisals Cambusbarron August 2014: This makes many references to the importance of the Bruce Memorial Church, its importance to the townscape and its role as a key landmark building. This appraisal also states that the church should be recommended to Historic Scotland for listing. The church and its setting are a key feature of this Conservation Area. It states that the Conservation Area’s character is vulnerable to pressure for development leading to erosion of green spaces and loss of trees which lie adjacent to the Conservation Area and provide its setting.

Assessment

3.14 The application represents housing development on a site within the garden grounds of a property situated within the Cambusbarron Conservation Area between the applicant’s house and the Bruce Memorial Church, which is a key landmark building within the Conservation Area. The application is seeking to build one house on the site which would be single storey with roof accommodation and form a separate vehicular access out on to St Ninian’s Road. The proposal will involve removal of trees and other natural features that contribute strongly to the character of the area. Outline planning permission was sought for a house on this site in 2001 (see Previous History above) which was refused, and the subsequent appeal was dismissed for the reasons as set out above. This history is a material planning consideration in the determination of this application.

3.15 The key considerations for this application are whether this development is considered to accord with the adopted Development Plan policies and preserves or enhances the historic, architectural and landscape qualities of the Conservation Area.

3.16 A key aspect of the site is its relationship with the Church and the adjacent dwelling, which are prominent in the streetscape and forms a green backdrop to these buildings. The site sets them apart and protects each of their setting within the Conservation Area, emphasising their bulk, scale and attractive design. Despite the application seeking to achieve a traditional appearance to blend in with the street and set it back from the frontage of the site, it is considered that it will appear prominent and as a modern intrusion into the narrow intervening space between these two visually attractive traditional buildings.

3.17 The development of a house on this site would harden its appearance removing much of the contrasting setting of the important townscape buildings, which in turn would remove their visual dominance (in particular the church), which would be harmful to the Conservation Area and would not be in the interests of preserving or enhancing its character or appearance.

3.18 Furthermore, this detailed application raises similar concerns to those mentioned by the Reporter in the appeal for application S/01/00272/OUT, as due to the shape of the plot, the house will appear squeezed in and visually prominent and as a result it will damage the appearance of the street scene and the setting of the adjacent buildings situated within the Conservation Area.

3.19 In addition to concerns over the visual impact of the proposed house, it is considered that the formation of the new access into this site through the existing low wall and hedge would have a further adverse impact upon the streetscape and the character of the Conservation Area. The existing boundary forms a strong townscape feature, a feature contributing to the character of the Conservation Area on the main approach to the church and the village centre. The proposals to form the access will necessitate removing and substantially reducing the height of both to create the required amount of access visibility.

3.20 The applicant has carried out a tree survey for this site that clearly demonstrates that the house would be constructed within the root protection area of a number of mature trees that are protected by the Conservation Area designation and contribute significantly towards its character. In particular there are mature trees immediately on the boundary that are within the grounds of the church, which contribute significantly towards the character and setting of the church.

3.21 The applicant’s Aboriculturist states that: “due to the foundation of the stone boundary wall that runs the full length of this side of the site these tree roots will not have found their way into the applicant’s garden”. The applicant did offer to carry out a trial dig to prove this but this was not pursued as it was considered that the development of a house at this location would be likely to disrupt the water table for these trees and the placing a house so close to these trees would increase pressure for their removal from the residents to secure the house from falling trees and to increase space and light. The continued existence of these trees would therefore be prejudiced by the proposed development and their loss would adversely affect the character and appearance and amenity of the site, the setting of the buildings and the setting, character and appearance of the Conservation Area.

3.22 In conclusion it is considered that this application should be refused on the basis that the introduction of a house at this site will have a harmful impact upon the character, appearance and amenity of the site, the landmark church and the surrounding Conservation Area and that it fails to accord with the adopted Development Plan policies concerning development in the Conservation Area.

Objections

3.23 Three letters of representation were received outlining the following:

(a) This proposal will result in an adverse loss of privacy to neighbours. Furthermore, the proportions of the feature windows are totally at odds with the stated objectives to uphold the traditional features of the properties within the Conservation Area, which are as relevant to the rear of the proposed building as to the front, where the density of the development is no less a concern for this site at the heart of the village.

(b) The proposal indicates in PLO4 that the two trees at the east of the plot will remain unaffected. However, it does not state whether the other three trees at the northern end of the garden will be removed. The evergreens adjacent to the wall on Birkhill Road will provide some screening and privacy if left as at present in front of the property. This planting should not be removed as it will adversely impact upon privacy if it is.

(c) The streetscape elevations (PLO5) submitted do not include a view of the site facing south. The existing garden slopes downwards to the wall on the Birkhill Road boundary opposite residential properties. This slope will increase the height of the proposed property relative to them, further increasing the infringement of privacy on habitable room windows.

(d) A previous application at this site, similar in design portrayed all of its main windows as directly facing towards neighbouring properties and showed a large window with French doors facing towards neighbouring habitable room windows. The windows proposed will have a huge and disproportionate impact upon neighbour’s privacy.

(e) The proposed development of the new driveway will compromise road safety by creating a new hazard onto the already busy and difficult junction with the Main Street.

(f) The church in many ways forms the heart of Cambusbarron village and it is disappointing to think that its aesthetics will be spoilt by the density of the development that is proposed in the conservation area. The loss of green space is undesirable and unnecessary particularly given that the development is out with the Local Development Plan that contains the housing options for the village.

(g) The feature windows are totally at odds with the stated objective to uphold the “traditional features” of the properties within the conservation area, which is relevant to the rear of the proposed building as to the front, where the density of the development is no less a concern for this site at the heart of the village.

(h) This proposed house close to the church will dramatically impair the appearance of the church building within the context of the site it occupies.

(i) The removal of vegetation to accommodate this house could adversely impact upon the quiet contemplation area within the grounds of the church. This area could end up completely overlooked and impeded upon by the front elevation of the proposed dwelling house.

(j) The use of new materials, including stone between the church and the existing Old School House is unlikely to achieve an acceptable match or achieve any kind of compatibility and will be detrimental to the conservation area.

(k) The location of this dwelling close to the church could generate noise next to the church and adversely impact upon services and funeral services.

4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS

Policy Implications

Equality Impact Assessment No Strategic Environmental Assessment No Single Outcome Agreement No Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Effect on Council’s green house gas emissions No Effect

Strategic/Service Plan No Existing Policy or Strategy No Risk No Resource Implications Financial No People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes

Equality Impact Assessment

4.1 An Equality Impact Assessment seeks to promote equality between different groups of people (people of different races, men and women, people with a disability, etc) and differing issues such as religion/belief, age and sexual orientation. An Equality Impact Assessment demonstrates that equality has been addressed in policy-making and review. Since this proposal does not relate to a new policy or revising an existing policy, it is considered that it will have a neutral impact on equality.

Strategic Environmental Assessment

4.2 When a new plan, policy, or strategy is being submitted or an existing plan, policy or strategy is being reviewed it is a legal requirement that a Strategic Environmental Assessment is considered and undertaken if necessary. Since this proposal does not relate to any of the aforementioned, a Strategic Environmental Assessment is not necessary.

Single Outcome Agreement

4.3 The recommendation does not apply to any of the seven objectives of the Single Outcome Agreement.

Other Policy Implications

4.4 Following consideration of other policy implications of this report no relevant issues have been identified.

Resource Implications

4.5 Following consideration of the resource implications of this report no relevant issues have been identified.

Consultations

4.6 Cambusbarron Community Council: The Community Council objects to the application.

Further Comments:

Reasons c) - Environmental Impacts and e) Access

Many concerns were received on road safety grounds about another vehicle entrance into St Ninians Road. It's a 20 mph road and a "safe route to school". Many kids and the elderly walk on that pavement going to school and the community centre.

The entrance would be close to both the zebra crossing and the bad/blind junction at the top of Birkhill Road. Opposite the proposed new entrance, the road can get narrow at times with the cars parked in the layby on the other side.

If the hedge stays, as it should in a Conservation Area, then this would restrict the lines of sight for vehicles coming out of the development into St Ninians Road, thus posing a risk to people on the pavement and passing traffic.

This is a large family house but has only two parking places within the grounds. Any additional family cars and vehicles belonging to visitors or tradesmen would therefore be parked on the road, creating further opportunities for accidents in an area now designated a safe crossing zone.

Reason d) Design and relationship to surroundings

As far as the setting of the house, it is set back far enough for it not to affect the view from St Ninians Road too much but I would be keen to make sure the hedge stays. If the hedge goes, the low level wall would open up this area, making the proposed house much less hidden from view.

There is a major concern about the existing house/flats on Birkhill Road being overlooked. Some houses have converted attic windows and upper levels that would lose privacy as a result of this development. This should be rethought.

The plans indicate that the two large trees at the east of the site would be retained. This may indicate that the evergreen trees nearer the church end of the wall at Birkhill Road will be removed. These evergreen trees provide some screening and privacy and should not be cut down. We understand that a resident in Birkhill Road has lodged an objection on some of the grounds above.

Reason f) History of site

Cambusbarron Community Council objected to a very similar planning application in 2010.

4.7 Service Manager (Environmental Health): No adverse comments in relation to this consultation.

Due to proximity of noise sensitive properties, addition of the following condition is recommended to any planning consent granted for the development.

Construction Noise

To minimise the risk of noise disturbance to adjacent resident(s), construction works which are audible out with the site boundary shall be undertaken during normal working hours, viz:- 08.00 to 18.00 hours Monday to Friday, and 09.00 to 13.00 hours on Saturdays. No noisy works audible out with the site boundary are permitted on Sundays or Bank Holidays.

4.8 Roads Development Control: The application site is located in the village of Cambusbarron on the north side of the C5 St. Ninians Road, approximately 55m south east of its junction with the C4 Birkhill Road.

No objection to the proposal submitted provided the following conditions are added to any consent granted.

Vehicular Access: Vehicular access to the site shall be formed at right angles to the public road and as a vehicular footway crossing measuring no less than 3.6 metres in width. All works shall be carried out in accordance with this Service's "Development Roads Guidelines and Specifications".

Visibility: There should be no obstruction to visibility over 1.05m in height above the existing adjacent carriageway level within 2.5m of the carriageway edge over the sites frontage with St. Ninians Road.

Driveway Construction: Driveways should not exceed gradients of 1:10 and should be suitably drained and surfaced to ensure no surface water is discharged or loose material carried from it out onto the public road.

Access Gates: Any access gates shall open inwards only.

Consent: The applicant will require to apply to this Service for a Road Opening Permit for the formation of the new vehicular access and associated works.

5 BACKGROUND PAPERS

5.1 Planning Application file 14/00034/FUL. File can be viewed online at:

http://hbedrms.stirling.gov.uk/PAP/Results.asp?AppNumber=14/00034/FUL

6 APPENDICES

6.1 None

Author(s)

Name Designation Telephone Number/E-mail

Jay Dawson Principal Planning Officer 01786 233683, [email protected]

Approved by Name Designation Signature

Kevin Robertson Head of Economy, Planning and Regulation

Date 27 November 2014 Service 14/00034/FUL Reference

00 2775 l5 36 0 1020 40 Meters 16 34 35 2 6 Pavilion 3 MILL ROAD 14 2 8 to 14 l 4 12 32 1 9 21 16 .5 3to 11 10 NORTH END 28 FB 8 20 7 22

12 Football Ground 1 11 13 5 22 17 7 18

20 3 14 34 7A 33 12 El Sub Sta 23 LB

35 8

Path (um) TCB El 6 8

33 4

2 THE BRAE 69 47

40 Club 21 9a

42 THE BRAE 59 12 Cambusbarron 40a 50 MILL HILL FB 12 (site) 4 9 (site of) 1 to 15 8 6 CHAPELCROFT7 13 Builder's 00 4

2 6925 5 14 8 2 36 El Sub Sta 10 32 28 22 42 18f 48 18b 52 51 16 60 BIRKHILL ROAD 32.7m 49 10 62 45 41 39 35 70c 7 to 25 6 74 72 Forester's 4 2 78

Ardfhada D Fn (PH) 5 10 1 Memorial 12

6 15 2 Proposed Application 14/00034/FUL 4 6 4 17 6 1

7 1 12 13 16

11 5 8 9

3 Library 2 1 21 3 4 12 Primary School ST NINIANS

WOODSIDE 14 Clair-De-Lune Hall

16 27 19 9 Bowling Green 18 1 Path Posts 2 UNDERWOOD ROAD 6 Durisdeer LB 1

4 2 14 5 2 18

1 Issues

26 30 31 T:\MAPDATA\KEN\DMS_6_A4P.mxd 14 TERRACE

13 41 42 36 24

TCB Dagmar 34 54

43 46

El Sub Sta 41 HILL 27 13 46 37 31 23 32 2 12 PLACE 29 22

20 58

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