THIS REPORT RELATES COUNCIL TO ITEM ON THE AGENDA

PLANNING PANEL ENVIRONMENTAL SERVICES

7 MARCH 2002 NOT EXEMPT

DETAILED PLANNING APPLICATION FOR ERECTION OF 30NO. DWELLING HOUSES AT BANDEATH PARK, KERSIE ROAD, THROSK, STIRLING – S/01/01070/DET

1 PURPOSE

1.1 To determine planning application S/01/01070/DET.

2 SUMMARY

2.1 The issues generated by this application are:-

• Whether or not the application complies with the Development Plan policies concerning housing, and general development in the countryside.

• Access onto the A905 from the site and local roads infrastructure

• Density of residential development in a rural location

• Design and layout of housing site

• Affect on amenity of adjacent housing

• Play area provision

• Landscaping

• Stirling Council ownership of site frontage

• Objections and representations

3 RECOMMENDATION(S)

3.1 To refuse the application for the reasons set out within the Appendix attached to this report.

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC 4 CONSIDERATIONS

The Site

4.1 The application site is located approximately 200 metres to the east of Throsk and adjacent to the Bandeath Industrial Estate. Adjacent and 50 metres to the east of the application site is a small group of houses which are addressed as Popple Trees. Along the front of the site is the A905 public road. The site forms an island of land which is broadly triangular in shape and is bordered on the other 2 sides with a roadway which was the former alignment of Kersie Road prior to the re-alignment along the site frontage. Directly across the road and to the south of the site is farmland, to the east of the site is grass open space, to the north of the site is Bandeath Industrial Estate, Bandeath Lodge, an access road into Bandeath Industrial Estate, and Woodside Cottage.

4.2 The application is for the erection of 30no. 2 storey detached dwelling houses. The site is to be accessed via the former alignment of Kersie Road (Loop Road). Along the site frontage indicative landscaping is shown on the proposed site plan and the internal site access comprises of a cul-de-sac. The houses generally back onto the A905 public road.

Planning Policy

4.3 Policy H5 (a) of the Stirling Council Local Plan states: The Council will support new residential development in the Countryside and within Green Belts only where it can be demonstrated that the occupant has a genuine housing need and that the dwelling is necessary in connection either with the use of land in the vicinity for agriculture, horticulture or forestry; or for the management of an established rural business. Preference will be given to the sensitive re-use conversion or rehabilitation of redundant vernacular rural buildings and to developments located sensitively with existing buildings or building groups, rather than isolated new dwellings in the open countryside.

4.4 Policy E7 of the Stirling Council Local Plan states: - In relation to development proposals falling within Countryside Policy Boundaries, the Council will only give favourable consideration to those which are essential to the proper functioning of the primary rural activities, or other uses which can be shown to have an overriding need for a countryside location. Such developments will be subject to further assessment in relation to traffic generation and access, services, pollution, and potential conflict with established neighbouring users.

4.5 Policy HPO4 (1) of Central 2000 Structure Plan states: - New housing development in the countryside will only be acceptable in the following circumstances:

1. Where it is essential in the association with an enterprise or activity which requires a rural location. Such developments should only be permitted where a design sympathetic to the vernacular architecture and location ensures no adverse visual intrusion; where any necessary infrastructure costs are borne by the developer; and where plot sizes adequate to achieve an appropriate fit in the landscape.

4.6 Policy ENPO3 of Central 2000 Structure Plan states: - In areas of countryside, there will be a general presumption against new developments which do not require a rural location and are not essential for the maintenance or promotion

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC of agriculture, forestry or outdoor recreation except where justified exceptionally under Policies EPO.19 or HPO.4.

4.7 Policy H6 of the Clackmannanshire and Stirling Structure Plan – Finalised Plan August 2000 which states: - New housing development in the countryside will only be acceptable where:-

1. It is essential in association with an enterprise or activity which requires a countryside location, subject to design and locational criteria defined through Local Plans and to a Section 75 Agreement or planning condition restricting occupancy.

4.8 Policy ENV3: of the Clackmannanshire and Stirling Structure Plan Finalised Plan – August 2000 states: - In areas of countryside, as defined in Local Plans, development will only be permitted where:

1. The proposed enterprise or activity is dependent upon a countryside location.

Site History

4.9 In 1991 outline planning permission was refused for the erection of 9 houses at the site. (Reference E/90/164); a further outline application was refused in 1991 for the erection of 9 dwelling houses (Reference E/91/52); an appeal against the refusal of this second application was upheld and outline planning permission granted; following the appeal decision, the reserved matters application was approved for 9 service plots at the site in 1992 (Reference U/92/644); In 1993 detailed planning permission was granted for 14 single storey dwelling houses at the site (Reference U/93/059/DET). These permissions have all expired.

Application Assessment.

4.10 The application site is located in an area of open countryside as defined by the Adopted Stirling Council Local Plan. The relevant policies for assessing proposals for residential development in the countryside are the above Development Plan policies and Draft Structure Plan policies, which relate to residential development and general development in the countryside. Whilst the wording of these policies varies slightly, the principle in each case is the same in that new residential development is supported when the development is essential to the proper functioning of primary rural activities, ie the proposal is required in connection with an established rural business and there is a necessity for the development to be located in the countryside. In this case, the proposal for 30 detached 2 storey dwelling houses is a “speculative” residential development which is not related to any established rural business and does not of necessity require a rural location, and, as such, is clearly contrary to the above policies.

4.11 Given that the principle of a ‘speculative’ residential development on the site is contrary to the Development Plan Policies and Draft Structure Plan Policies referred to in paragraphs 4.3 – 4.8, any proposal for a similar development to the application for 14 houses would also be contrary to these policies and, as such, would be unacceptable in Planning Policy terms.

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC 4.12 The location plan and block plan attached to this report show that the site is located on an island of land, bordered by the A905 public road and the former alignment of Kersie Road. Access from the site is via a cul-de-sac – local access road onto the former Kersie Road which is a general access road. Access from there is directly on to the A905 which Technical Services classify as a district distributor road which has a national speed limit of 60 mph. Technical Services have advised that the transfer from a general access (loop) road onto a district distributor road is contrary to Technical Services standards which requires an intermediate road – a local distributor road so that there is a hierarchy of step changes from local access (cul-de-sac), general access (loop road), local distributor road, and district distributor road so as to ensure that drivers are not faced with steps in a hierarchy which are too great to cope with safely. In this case, access from the loop road onto the A905 which is categorised as a district distributor road, of which a main feature is to provide for safe and expeditious movement of traffic and to limit the number of direct accesses onto such roads, would not be in the interest of road safety. Increased use of these accesses to the east and west of the site would also interfere with the free flow of traffic on the A905.

4.13 The east and west access points of the loop road onto the A905 have a sub- standard visibility in terms of falling short of the required sightlines of 9 metres x 215 metres in either direction with no obstruction to visibility over carriageway level.

4.14 Technical Services have advised that it is not desirable to increase right hand turning manoeuvres at a location where vehicle speeds can be excessive, where visibility is compromised and where vehicular conflict could have serious consequences. The proposal would generate an increase in right hand turning manoeuvres by 300 movements per day, and given the limited forward visibility when approaching the junctions to the east and west of the site, approval of the application would not be in the best interests of road safety.

4.15 The area of the site is 3.22 acres and given that 30 houses are proposed, the average number of houses per acre is approximately 10 which in itself, is not a high density. However, given that the site shape is irregular and is broadly triangular, and the proposed layout shows a combination of 30 detached 4 bedroom and 3 bedroom houses, the layout appears to be crammed and the site overdeveloped. Given that the proposal is also for a rural location where residential development is on isolated low density rural sites and is not in the form of 2 storey estate houses, the development would appear as incongruous in this rural locality.

4.16 The layout of the site shows the majority of the site with the housing backing onto the main public road. Although some indicative landscaping is shown on the proposed site plan, and this in the long-term may provide for some screening, the principle of the rear side of housing developments with back gardens fronting onto a main road, is inappropriate and does not reflect the layout of developments in rural locations in Stirling where housing fronts onto the main road and where street frontage design in principle creates a sense of place.

4.17 Adjacent and to the north of the application site are 2 detached houses – Bandeath Lodge and Woodside Cottage. The amenity of these houses is a spacious rural residential amenity. The proposal for a relatively high density

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC and small residential housing estate reflective of an urban housing development, would result in a loss of rural residential amenity to the adjacent houses.

4.18 The proposal does not contain any form of play area provision, either for toddlers or older children which is a material planning consideration. The play area facilities adjacent to the football pitch at Throsk need to be replaced with more modern equipment, safety surfacing and a well-drained dog proof site. The additional housing at the site is likely to result in an increased use of these play facilities.

4.19 No landscaping proposals have been submitted with the detailed planning application. The site plan shows broadly indicative areas for landscaping along the frontage of the site and some areas for tree planting within the site. The area for landscaping within the site is limited and given the high density of development it is considered that there is an inappropriate imbalance of built development and very limited landscaping.

4.20 Legal and Estates have advised that the Council own land along the site frontage which would affect some of the housing plots and the landscaping along the site frontage.

4.21 Polmaise Community Council have advised that they want the application approved. The consultation response was accompanied by a letter which outlines the concerns of families from Bridge Cottage, Kersie Road, Throsk; 1 Council Houses, Kersie Road, Throsk; and Glenview, Kersie Road, Throsk; the letter is not an objection but requests that the following issues are considered – sightlines, air pollution, noise pollution, road cleanliness, public access/safety and speed of delivery transport.

4.22 Two letters of objection have been received from Woodside Cottage and Bandeath Lodge on the following grounds:-

• 30 dwellings is an overdevelopment within a rural area

• the proposal is contrary to road safety and the speed of vehicles travelling along a de-restricted main road

• the type of houses are designed to attract families and the area is not suited to a development of this type as it is lacking in facilities, ie school, suitable recreational area, shops etc

• the location is a quiet country area where houses have privacy, and the proposal would detract from this amenity and privacy

• there is an inadequate provision of lighting of footpaths on the road’s infrastructure adjacent to the site

• there is virtually no provision for landscaping on the northern side of the site adjacent to Bandeath Lodge and Woodside Cottage which is inappropriate

• the requirement for the erection of new houses at all in the Village of Throsk must also be queried, given that during the last 7 years additional houses have been built in Fallin

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC Consultations

4.23 Technical Services –object to the proposal on the grounds that it constitutes a rural development, it would interfere with free flow of the A905 traffic, it is contrary to the application of the roads hierarchy, there is sub-standard visibility from the loop road onto the A905, and the proposal would increase right hand turning manoeuvres, all of which are not in the best interest of road safety.

4.24 Environmental Health – advises that the developer should be asked for a noise consultant’s report due to the proximity of the development to the A905; the proposed site is in close proximity to Supergas (gas storage area). The site was formerly subject to the Control of Industrial Major Accident Hazards Regulations 1984 due to the quantities of LPG being stored at Supergas. Should additional development of the Supergas site allow an increase in the quantities of LPG being stored, the site will be subject to the Control of Major Accidents Hazards Regulations 1989. The application site does not contain any dog exercise area.

4.25 Play Services Manager – advises that a commuted sum for the provision of play facilities in accordance with the Development Advice Note on Open Space and Play Areas should be requested from the developer. The play area adjacent to the football pitch at Throsk was installed over 20 years ago and no longer meets modern standards of play facilities. The equipment needs to be replaced with more modern equipment, safety surfacing and a well-drained dog proof site. As new housing will put additional pressure on the play facilities and therefore new equipment is required.

Summary of Relevant External Consultations

4.26 East of Water Authority – Public water and drainage services are available.

4.27 Scottish Environmental Protection Agency – advise that the site is adjacent to a stream which is subject to tidal influence. This may give rise to a flood risk at the site.

5 POLICY IMPLICATIONS

5.1 The proposal is contrary to the Development Plan and the Draft Structure Plan for the reasons set out in the Appendix.

6 RESOURCE IMPLICATIONS

6.1 None

7 BACKGROUND PAPERS

7.1 Planning applications E/90/164; E/91/52; U/92/664; U/93/0590/DET.

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC Author(s) Name Designation Tel No/Extension

Iain Jeffrey Planning Officer 01786 442987

Approved by Name Designation Signature

Mick Stewart Head of Planning and Environmental Strategy

Date 27 June, 2002 Reference

N:\DEMSUPP\NEWDECISIONS\PLANNING\REPORTS\PP20020307011070IJ.DOC APPENDIX 1

Detailed Planning Application for erection of 30 dwelling houses at Bandeath Park, Kersie Road, Throsk, Stirling – S/01/01070/DET

Refuse for the following reasons –

1. In the opinion of the Planning Authority, the proposal is contrary to Policies H5 (a) and E8 of the Stirling Council Local Plan, HPO4(1) and ENPO3 of Central 2000 Structure Plan, and Policy H6 and Policy ENV3 of the Clackmannanshire and Stirling Structure Plan Finalised Plan – August 2000 concerning residential developments and development in the countryside in that –

a The proposed residential development is not required in connection with an established rural business and

b The proposed residential development does not of necessity require a rural location.

2. The proposals are contrary to highway safety in that they would result in the interference with the free flow of A905 traffic, the application is contrary to the application of the roads hierarchy, there is sub-standard visibility from the eastern and western accesses adjacent to the site onto the A905, and the proposal would result in increased right hand turning manoeuvres which are contrary to road safety.

3. The proposed development for 30 detached 2-storey houses on an isolated rural site where development in the locality is constructed to a low density, constitutes an over- development of the site and an incongruous high-density development in a rural area.

4. The design and layout of the house shows the majority of the housing backing onto the main public road and, as such, this does not reflect traditional rural development patterns which require street frontage development.

5. The proposal would result in any loss of reasonable rural amenity to the adjacent houses at Bandeath Lodge and Woodside Cottage in that they currently enjoy a quiet residential amenity and high level of privacy, and the proposal for a densly developed urban type housing estate would detract from the established amenity.

6. In the opinion of the Planning Authority, the proposed residential development is lacking essential amenities in terms of toddlers and children’s play facilities and approval of the application is likely to result in an increase use of the play facilities at Throsk which require to be upgraded to current standards.

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