APP/2019/0105 Full Planning Permission for Change Of

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REPORT TO ABERDEENSHIRE COUNCIL – 21 NOVEMBER 2019

Reference Number: APP/2019/0105

Full Planning Permission for Change of Use from Agricultural Land to Travellers Site Suitable For 3 Pitches with Associated Works (Part Retrospective) at Land adjacent to Smallburn, Clola, Mintlaw

1. Purpose of Report

1.1 Full Council is able to consider the application in terms of Section A.11.1 of the Part 2A List of Committee Powers and Section C.3.1a of Part 2C Planning Delegations of the Scheme of Governance as the application is for local development which in the professional opinion of the Director of Infrastructure Services following consultation with the Chief Executive and the leaders of the political groups of the Council (and any representative of the Independents, including Non-Aligned Independents), is of regional significance and which therefore will be determined by Full Council following consultation with the relevant Area Committee. Consultation has been undertaken with Buchan Area Committee as detailed in this Report.

1.2 The Head of Finance and Monitoring Officer within Business Services have been consulted in the preparation of this Report, their comments incorporated within the Report and are satisfied that the Report complies with the Scheme of Governance and relevant legislation.

2. Background and Proposal

2.1 This application seeks Full Planning Permission for the formation of a private Traveller Site on land at Smallburn, Clola. The site measures approximately 4395m2 and is bordered by woodland to the south and east, by a small croft, house and field to the north and open countryside to the west, beyond a public road. The site level is lower than the public road and slopes slightly to the rear (east). 2.2 The application is retrospective as caravans have been moved on to the site and civil engineering works have been carried out to create bunding around the eastern and northern boundaries. 2.3 It is proposed to create 3 caravan pitches with parking and turning areas adjacent to the road (west), while the site is proposed to be serviced by a private well and a mound system located to the east of the site for drainage (see Appendix 1A Site Location Plan and Appendix 1B Site Plan). 2.4 This application supersedes a previous proposal on part of the site which was withdrawn (APP/2017/1224 refers) as a larger land uptake was required due to the requirement for a mound system for drainage. Item: 4 Page: 32

2.5 In line with the terms of Section B.8.1 of Part 2A List of Committee Powers and Section C.3.1a of Part 2C Planning Delegations of the Scheme of Governance, the application was considered at the meeting of the Buchan Area Committee held on 27 August 2019. At the meeting, the application was deferred for two cycles for the following reasons:

• more time to confirm the suitability of the quantity and quality of the water supply and acceptability of the drainage serving the site, • the opportunity to undertake a site visit to consider the proposal in context, and • confirmation that the site is located in Central Buchan. The site visit was carried out 10 September 2019 and the application was then considered at the meeting of the Buchan Area Committee held on 8 October 2019. The associated Area Committee Reports are attached as Appendices 2 and 4. Appendix 3 is an agreed Minute and Appendix 5 is currently a draft Minute.

2.6 The following information is appended:

• Appendix 1A: Site Location Plan • Appendix 1B: Site Layout Plan

• Appendix 2: Report to Buchan Area Committee of 27 August 2019 including Equalities Impact Assessment • Appendix 3: Minute from Buchan Area Committee of 27 August 2019

Appendix 4: Report to Buchan Area Committee 8 October 2019 including Equalities Impact Assessment

Appendix 5: Draft Minute from Buchan Area Committee from 8 October 2019

2.7 The applicant has provided the following supporting information:

• Site plan • Site levels • Location plan • Drainage details • Water Sample Report

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3. Representations and Consultations (Summary)

3.1 A total of 45 valid representations (all objection) have been received as defined in the Scheme of Governance. This does not include multiple representations from the same household which equate to 48 letters in total. All issues raised have been considered. The letters raise the following material issues:

• Road safety (narrow road/access/soft verges);

• Water supply (on site and in the general area);

• Drainage (on site and in the general area);

• Lack of educational capacity;

• Lack of NHS capacity;

• There is an existing site at Aikey Brae;

• Loss of habitat;

• Inaccessibility issues/lack of public transport;

• Lack of amenity land/garden ground;

• No site management proposed;

• Noise/light pollution. 3.2 All valid representations can be viewed on the Aberdeenshire Council Website. All material issues raised have been considered.

3.3 The consultation responses are summarised at Section 4 of the Buchan Area Committee Report. The position remains as stated in the Report to the Buchan Area Committee of 8 October 2019.

4. Principal Planning Issues (Summary)

4.1 The main determining policy relating to this application is H5 Gypsies and Travellers of the Aberdeenshire Local Development Plan 2017. Under this policy, the principle for a Traveller site on unallocated land can be established if the need for such a site can be demonstrated. The exception to this is where a private site is formed for an individual’s own use. In these cases, the need is considered to be established, however the site must comply with all other relevant policies. As the applicant advises that the site is required for himself, his family and his extended family, it is considered that, in terms of principle, the proposal complies with Policy H5.

4.2 The site must also not detract from the character and amenity of the surrounding area, be suitably serviced, secure and be reasonably accessible to employment, education, community facilities and the roads network. Item: 4 Page: 34

4.3 This site is bordered by mature woodland on two sides, a house on the other and is approximately 1.3m lower than the public road. As these factors reduce the prominence of the development, it is considered that the proposal would not significantly detract from the visual character of the area. The proposal therefore complies with Policy E2 Landscape. 4.4 While concerns have been raised in relation to road safety, Roads Development has not objected to the application. The site would be served by access which would allow large vehicles to enter/exit the site and visibility of 120m can be achieved. It is not considered that the expected level of movement to and from the site would significantly impact on the amenity of the surrounding properties. 4.5 In terms of site infrastructure, issues have been raised by Environmental Health. While the applicant has been able to establish the acceptability of the existing water supply (in relation to water quantity) the tests demonstrate that the water quality is such that mitigation is required to bring it up to a suitable standard. Should appropriate filters be used, it would be possible to achieve this. Environmental Health, however, continues to be concerned about the proximity of the neighbour’s water supply and the likelihood of the water supply being contaminated by the foul drainage system. The Porosity Test established that the ground consisted of a layer of clay meaning that a conventional soakaway system would not work as a result of waste pooling below the topsoil. This means that there is a risk of contamination on the surrounding water supplies as the drainage would not be properly treated. While one approach to mitigate against the ground conditions would be a mound system, no information has been provided by a qualified engineer to establish that the proposed system would actually work. Although the mound system proposed is acceptable to SEPA in terms of capacity, it should be noted that a CAR Licence from SEPA would be required to allow any overflow to the watercourse located within the woodland and if the system has not been designed properly it is unlikely that SEPA would accept this. Accordingly, the proposal does not comply with Policy RD1 Providing suitable services. 4.6 While the site is beyond the typical walking distance of 400 metres from services (as defined in Scottish Planning Policy Paragraph 287), often in the case of the travelling community, a slightly more remote site is preferred. The site is approximately 5km from the settlement boundary of Hatton and 6km from the A90 Trunk Road. Aberdeenshire Council’s Stopover Site Development Guidance (2013) states that ‘consultation with Gypsy/Travellers suggest that most would prefer to be within a 2-3 miles (3.2km-4.8km) radius of basic facilities... and 3 miles is deemed to be the absolute extent of this distance’. While the site may be slightly beyond that distance, in this case it is considered acceptable. 4.7 This proposal has generated a number of letters of representation which have raised a range of concerns. Issues not addressed above are as follows:

• Concerns have been raised about the capacity of the local school and doctor’s surgery. The Council’s School Roll Forecast Report confirmed that both Hatton (Cruden) Primary School and Ellon Academy are well Item: 4 Page: 35

within capacity. While it is acknowledged that Cruden Medical Group requires additional capacity, this is related to a range of allocations in the Aberdeenshire Local Development Plan 2017. The allocations within the practice area of the medical centre are significant and many of which have not yet been built. All will be required to contribute to the facility’s expansion. This is a small-scale development which does not require any Developer Obligation contributions. • While Aikey Brae is an existing Traveller Site in the area, this site is for halting only. This site is for the private use of the occupiers as a place of residence. It is not possible to reside permanently at Aikey Brae.

• The site forms part of an agricultural field where farming activities limit the range of biodiversity found. While the adjacent woodland may accommodate a wide range of wildlife, this development does not involve any works to the woodland itself.

• The site plan shows a large area of undeveloped ground (including the area of the mound system which is buried and grassed over). This is considered acceptable as a shared amenity area for what is a family site.

• The mound system has been designed for 15 people. SEPA Advice Note, “Small scale sewage discharges (e.g. septic tanks or package treatment plants)” states that the unit of measure used to describe the size of a wastewater discharge is population equivalent (p.e.). For housing, a minimum of 5 p.e. is used for any house with up to and including three bedrooms. As each of the caravans will have 3 bedrooms, the site will require a drainage system of 3 x 5 =15 capacity. It is therefore considered that the capacity of the mound system is appropriate for the site. • While halting sites have management plans in place, there is no requirement for private sites. 4.8 The principle of development can be established for this application under Policy H5 Gypsies and travellers as the site is for private use, however, it has not been demonstrated that the proposed drainage system would work and therefore not cause a negative impact on the surrounding private water supplies. This means that the proposal does not, as it stands, comply with Policy RD1 Providing suitable services. Matters Arising at Buchan Area Committee on 8 October 2019

4.9 At the meeting of Buchan Area Committee on 8 October 2019, Members acknowledged the Service’s recommendation to Refuse Full Planning Permission given that, at the time of the meeting, it has not been established that an appropriate drainage system can be provided which will not negatively impact on the surrounding area. The Draft Minute at Appendix 5 details the discussion.

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Summary

4.10 The Planning and Environment Service will continue to assess any supporting information provided to address the concerns over the drainage prior to the application being determined. The site is for private use therefore the principle can be established under Policy H5. The proposal complies with both Policy P1 and E2 as the landscape impact of the development is minimised as a result of the screening afforded by the woodland to the south and east and the fact that the site is over 1 metre lower than the adjacent road. Bunding and landscaping will provide further screening through time. As the site can be accessed safely and sufficient car parking and turning areas can be provided, the proposal accords, in part, with Policy RD1. It has not however been established or demonstrated, by the submission of appropriate engineers’ reports, that the proposed drainage solution is sufficient and will work. As such the proposal does not fully comply with Policy RD1 Providing suitable services, of the Aberdeenshire Local Development Plan 2017.

5. Area Committee Decision (Summary)

5.1 The Buchan Area Committee confirmed acceptance of the approach taken by the Planning and Environment Service and did not request any further additional information prior to the Full Council meeting on 21 November 2019.

6. Area Implications

6.1 In the specific circumstances of this application there is no direct connection with the currently specified objectives and identified actions of the Local Community Plan.

7. Implications and Risk

7.1 An Equality Impact Assessment has been carried out as part of the development of the proposal set out above. It is appended to the Buchan Area Committee Report in Appendices 2 and 4 and the following impacts have been identified.

7.2 If the application is refused, the Traveller family at this site will be living with the uncertainty of whether they will be able to use the site in the short term while the decision can be appealed. If the refusal is upheld at appeal, the Council would need to consider action to remedy the unauthorised development of the site. If direct action was taken to remove the development, this would displace the Traveller residents and remove the provision of a permanent site for use. At present the family has no site in the Buchan part of Aberdeenshire (Aikey Brae is a Halting Site). This would potentially leave the family with nowhere local to live to maintain their access to education and local services. However, it has not been established to the satisfaction of the Planning and Environment Service that the site can be satisfactory serviced with a water supply and foul drainage. Item: 4 Page: 37

7.3 These negative impacts can, in part, be mitigated by granting planning permission for the development by the Council or in the event of an appeal by the applicant, the grant of planning permission by the Scottish Government. The Council will also continue to seek the provision of alternative permanent sites for the use of the Gypsy/Traveller community in appropriate locations through its Site Provision Strategy and allocation in the Local Development Plan. 7.4 There are no financial implications arising directly from this Report other than an assessment of costs relating to any potential enforcement action taken by the Council in the event that the planning application is refused. 7.5 There are no risks identified in respect of this matter in terms of the Corporate and Directorate Risk Registers as the Committee is considering the application as the Planning Authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure.

8. Sustainability Implications

8.1 No separate consideration of the current proposal’s degree of sustainability is required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

9. Departures, Notifications and Referrals

9.1 Strategic Development Plan Departures

None.

9.2 Local Development Plan Departures

RD1 Providing suitable services.

9.3 The application is a Departure from the Adopted Local Development Plan and has been advertised as such. Any representations received have been circulated as part of the agenda and taken into account in recommending a decision. The period for receiving representations has expired.

9.4 The application falls within one of the categories contained in Annex 1 of The Town and Country Planning (Notification of Applications) (Gypsy/Traveller Accommodation Needs) (Scotland) Direction 2019 and therefore was notified to the Scottish Ministers at validation.

10. Recommendation

10.1 Refuse Full Planning Permission for the following reason:

1. The proposal is contrary to policy RD1 Providing suitable services of the Aberdeenshire Local Development Plan 2017, in that the proposed Item: 4 Page: 38

drainage solution has not been demonstrated to be adequate. The Porosity Test which underpins the design shows that this solution could prove difficult to implement given the constraints of the site and the nature of the ground conditions. The drainage system is also within 50 metres of a neighbouring water supply. It has not been demonstrated that the system would not cause a negative impact on the health of the occupiers of the adjoining property.

Stephen Archer Director, Infrastructure Services Report Prepared By: Alan Davidson, Senior Planner Report Date: 11 October 2019 Item: 4 Page: 39

APP/2019/0105 Appendix 1A

SITE Item: 4 Page: 40

APP/2019/0105 Appendix 1B Item: 4 APPENDIX 2 Page: 41 Item: 4 Page: 42 Item: 4 Page: 43 Item: 4 Page: 44 Item: 4 Page: 45 Item: 4 Page: 46 Item: 4 Page: 47 Item: 4 Page: 48 Item: 4 Page: 49 Item: 4 Page: 50 Item: 4 Page: 51 Item: 4 Page: 52 Item: 4 Page: 53 Item: 4 Page: 54 Item: 4 Page: 55 Item: 4 Page: 56 Item: 4 Page: 57 Item: 4 Page: 58 Item: 4 Page: 59 Item: 4 Page: 60 Item: 4 Page: 61 Item: 4 Page: 62 Item: 4 Page: 63 Item: 4 Page: 64 Item: 4 Page: 65 Appendix 3

ABERDEENSHIRE COUNCIL

BUCHAN AREA COMMITTEE

BUCHAN HOUSE, PETERHEAD, 27TH AUGUST 2019

Present: Councillors N Smith (Chair), D Beagrie (Vice Chair), M Buchan, S Calder, A Fakley, J Ingram, A Simpson and I Sutherland

Apologies: Councillors A Allan, A Buchan and S Smith

Officers: Chris White, Buchan Area Manager (Business Services); Peter Robertson, Senior Solicitor (Business Services); Amanda de Candia, Solicitor (Business Services); Laumon Dougall, Commercial Development Manager (Business Services); Sally Wood, Senior Planner (Infrastructure Services); Alan Davidson, Senior Planner (Infrastructure Services); John Todd, Planner (Infrastructure Services); James Hewitt, Planner (Infrastructure Services); Eleanor Munro (via skype), Environment Planner (Infrastructure Services); Peter MacCallum (via skype), Roads Development Manager (Infrastructure Services); David Vesco, Senior Roads Engineer (Infrastructure Services); Tony Jesser, Roads Technician (Infrastructure Services); Jim Bowe (via skype), Principal Officer Transportation (Infrastructure Services); Suzanne Robertson, Business Development Executive (Infrastructure Services); Andrew Murray, Senior Environmental Health Officer (Infrastructure Services); Lesley Forrest, Waste Support Leader (Infrastructure Services); Paul Whalley (via skype), Early Years Estate Manager (Education & Children’s Services); and Theresa Wood, Area Committee Officer (Business Services)

In Attendance: Craig Shand, Scottish Fire & Rescue Service

4. NEW PLANNING APPLICATIONS

The Committee had before them reports by the Director of Infrastructure Services on planning applications for determination in terms of the Town and Country Planning (Scotland) Acts 1972 and 1997 and agreed to dispose of the applications as detailed in Appendix A attached to this Minute.

(a) APP/2019/0105 Full Planning Permission for Change of Use from Agricultural Land to Travellers Site Suitable for 3 Pitches with Associated Works at Land adjacent to Smallburn, Clola, Mintlaw (b) APP/2019/0155 Full Planning Permission for Erection of Dwellinghouse at Site adjacent to The Laundry, Chapel Park, Pitfour Lake, Mintlaw (c) APP/2019/0786 Planning Permission in Principle for Erection of Dwellinghouse at Site to the North East of Mains of Park, Lonmay, Fraserburgh (d) APP/2019/0798 Planning Permission in Principle for Erection of Dwellinghouse at Captains Cabin, Aulton Road, Cruden Bay (e) APP/2019/0982 Full Planning Permission for Erection of Electricity Substation Comprising Platform Area, Control Building, Associated Plant & Infrastructure, Ancillary Facilities, Landscape Works and Road Item: 4 Page: 66 Appendix 3

Alterations and Improvement Works at Site to the South of Newton of Sanford, Boddam, Peterhead (f) APP/2019/1063 Full Planning Permission for Erection of Dwellinghouse at Site to the West of Northview, High Street, St Combs (g) APP/2019/1380 Full Planning Permission for Erection of Dwellinghouse at Land at 8B School Street, New Pitsligo (h) APP/2019/1391 Advertisement Consent for Display of Signage at 7 Marischal Street, Peterhead

APPENDIX A

NEW PLANNING APPLICATIONS

(a) Full Planning Permission for Change of Use from Agricultural Land to Travellers Site Suitable for 3 Pitches with Associated Works at Land adjacent to Smallburn, Clola, Mintlaw For: Mr Gordon Stewart, 10 Mooley Avenue, Ellon, AB41 9WR Reference No: APP/2019/0105

Having heard from the Senior Planner that confirmation of the suitability of the quantity and quality of the water supply and acceptability of the drainage serving the site remain outstanding, the Committee unanimously agreed:-

(1) that this application be deferred for two cycles of the Buchan Area Committee to allow –

(a) Officers more time to confirm the suitability of the quantity and quality of the water supply and acceptability of the drainage serving the site, and that the findings be reported back to the Buchan Area Committee at their meeting on 8th October 2019, and

(b) the Members of the Buchan Area Committee an opportunity to undertake a site visit to consider the proposal in context

(2) that Officers confirm which Ward the actual site is within Item: 4 Page: 67 APPENDIX 4

Infrastructure Services

Buchan Area Committee Report 8 October 2019

Reference No: APP/2019/0105

Full Planning Permission for Change of Use from Agricultural Land to Travellers Site Suitable for 3 Pitches with Associated Works at Land Adjacent to Smallburn, Clola, Mintlaw

Applicant: Mr Gordon Stewart, 10 Mooley Avenue, Ellon, AB41 9WR Agent: Alan Seith

Grid Ref: E:401863 N:840968 Ward No. and Name: W04 - Central Buchan Application Type: Full Planning Permission Representations 45 Consultations 6 Relevant Proposals Map Aberdeenshire Local Development Plan 2017 Designations: Countryside Complies with Development Plans: No Main Recommendation To seek the Buchan Area Committee’s preliminary views on the main recommendation to Full Council

NOT TO SCALE Reproduced from Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown copyright and database rights. Ordnance Survey Licence Number 0100020767. Item: 4 Page: 68 APPENDIX 4

1. Reason for Report

1.1 The Committee is able to consider this item in terms of Section B.8.1 of Part 2A List of Committee Powers and Section C.3.1a of Part 2C Planning Delegations of the Scheme of Governance as the application is for local development which in the professional opinion of the Director of Infrastructure Services following consultation with the Chief Executive and the leaders of the political groups on the Council (and any representative of the Independents, including Non-Aligned Independents), is of regional significance and which therefore will be determined by Full Council following consultation with the relevant Area Committee.

1.2 The Head of Finance and Monitoring Officer within Business Services have been consulted in the preparation of this and had no comments to and are satisfied that the report complies with the Scheme of Governance and relevant legislation.

1.3 This application was deferred at the meeting of the Buchan Area Committee on 27 August 2019 to allow:-

(a) Officers more time to confirm the suitability of the quantity and quality of the water supply and acceptability of drainage serving the site and report those findings back to the Buchan Area Committee on 8th October, 2019 (b) the Members of the Buchan Area Committee an opportunity to undertake a site visit to consider the proposal in context (c) Officers to confirm which Ward the actual site is within.

In respect of 1.3(a), an update relating to information and test results obtained since 27th August, 2019 is discussed in Sections 4, 6 and 8 of this report. In respect of 1.3(b), the site visit was carried out on 10 September 2019. In respect of 1.3(c), the site is wholly within Ward 4 – Central Buchan.

2. Background and Proposal

2.1 This application seeks Full Planning Permission (part-retrospective) for the formation of a private Traveller Site on land at Smallburn, Clola. The site measures approximately 4395m² and is bordered by woodland to the immediate South and East, by a small croft, house and field to the North and open countryside to the West, beyond a public road. The site level is lower than the public road and slopes slightly to the rear (East). Appendix 1 shows the location of the site.

2.2 The application is retrospective as caravans have been moved onto the site and further civil engineering works have been carried out to create bunding around the Eastern and Northern boundaries. Item: 4 Page: 69 APPENDIX 4

2.3 It is proposed to create 3 caravan pitches with parking and a turning area adjacent to the road (West). The site will be serviced by a private well and a mound system located to the East (rear) of the site for drainage. Each caravan will have its own parking spaces and shed located immediately adjacent. The access will consist of a level platform 11m in length, measured back from the public road, followed by a ramp into the site to serve the turning area. This is required as the site is approximately 1.2m lower than the road. Visibility splays of 2.4m by 120m can be achieved. Appendix 2 shows the layout of the site as proposed.

2.4 This application follows on from a previous proposal on part of the site which was withdrawn (APP/2107/1224 refers) as a larger land uptake was required due to the requirement for a mound system for drainage.

3. Representations

3.1 A total of 45 valid representations (45 objections) have been received as defined in the Scheme of Governance. This does not include multiple representations from the same household which equate to 48 letters in total. All issues raised have been considered. The letters raise the following material issues:

• Road safety (narrow road/access/soft verges); • Water supply (on site and in the general area); • Drainage (on site and in the general area); • Lack of educational capacity; • Lack of NHS capacity; • There is an existing site at Aikey Brae; • Loss of habitat; • Inaccessibility issues/lack of public transport; • Lack of amenity land/garden ground; • No site management proposed; • Noise/light pollution.

The letters of representation can be viewed online at www.aberdeenshire.gov.uk – Council and Democracy – View Committee Meetings – Buchan Area Committee.

4. Consultations

4.1 Business Services (Developer Obligations) confirms that no contributions are required in this case. It also confirms that both Hatton (Cruden) Primary School and Ellon Academy are operating well within capacity.

4.2 Infrastructure Services (Environmental Health) Item: 4 Page: 70 APPENDIX 4

Response as at 27th August, 2019:- Environmental Health initially objected to the proposal due to a lack of information on the water supply (tests were required). A further concern related to the drainage system being potentially within 50m of an existing private water supply which serves a neighbouring property. Following tests, carried out by a contractor, the quality of water was considered to be inadequate by Environmental Health. However, a further test was required to establish the quality of the water, due to disturbance of the supply immediately prior to the test being carried out. The matter relating to quality was, therefore, outstanding. While a mound system may be an acceptable method of waste disposal, the proximity to the neighbouring water supply meant that its location was not acceptable, due to concerns that the system would result in the neighbouring water supply becoming contaminated. Accordingly, its objection stood as at 27th August, 2019.

Update as at 8th October, 2019:-

It was confirmed by Environmental Health at the Area Committee site visit that the neighbour’s private water supply was within 50 metres of the drainage system. Accordingly, its objection to the application stands in order to safeguard the health of the neighbours. It is also considered that the system could prove difficult to implement given the constraints of the site and the nature of the ground conditions. It has also been confirmed that there is an adequate water supply from the well but that mitigation would be required to improve the quality.

4.3 Infrastructure Services (Housing) advise that it supports, in principle, the development of Gypsy/Traveller sites where there is an identified need in Aberdeenshire. Noting that the proposal for a privately managed site will help meet the accommodation needs of Gypsy/Travellers as detailed in the Council’s Gypsy/ Traveller Site Provision Strategy (2014), Housing Need and Demand Assessment (2017) and the Local Housing Strategy (2018-2023).

4.4 Infrastructure Services (Roads Development) does not object to the proposal subject to the attachment of conditions.

4.5 Scottish Water states that it has no objection, however confirms that there are no public water or drainage supplies in the vicinity and that private options should be explored.

4.6 SEPA does not object to the application and confirms that the mound soakaway as detailed on the site plan would serve a population equivalent of 15 and would be authorised through a CAR registration. Noting that Building Standards would have to sign off the soakaway design before a CAR authorisation would be issued. Item: 4 Page: 71 APPENDIX 4

5. Relevant Planning Policies

5.1 Scottish Planning Policy

The aim of the Scottish Planning Policies is to ensure that development and changes in land use occur in suitable locations and are sustainable. The planning system must also provide protection from inappropriate development. Its primary objectives are:

• to set the land use framework for promoting sustainable economic development; • to encourage and support regeneration; and • to maintain and enhance the quality of the natural heritage and built environment.

Development and conservation are not mutually exclusive objectives; the aim is to resolve conflicts between the objectives set out above and to manage change. Planning policies and decisions should not prevent or inhibit development unless there are sound reasons for doing so. The planning system guides the future development and use of land in cities, towns and rural areas in the long-term public interest. The goal is a prosperous and socially just Scotland with a strong economy, homes, jobs and a good living environment for everyone.

Paragraph 133 of Scottish Planning Policy specifically states in terms of Specialist Housing Provision and Other Specific Needs;

“Housing Needs and Demands Assessments (HNDAs) will also evidence need for sites for Gypsy/Travellers…. Development plans and local housing strategies should address any need identified, taking into account their mobile lifestyles…. They should also consider whether policies are required for small privately-owned sites for Gypsy/Travellers.”

5.2 Aberdeen City and Shire Strategic Development Plan 2014

The purpose of this Plan is to set a clear direction for the future development of the North East. It promotes a spatial strategy. All parts of the Strategic Development Plan area will fall within either a strategic growth area or a local growth and diversification area. Some areas are also identified as regeneration priority areas. There are also general objectives identified. In summary, these cover promoting economic growth, promoting sustainable economic development which will reduce carbon dioxide production, adapt to the effects of climate change and limit the amount of non-renewable resources used, encouraging population growth, maintaining and improving the region’s built, natural and cultural assets, promoting sustainable communities and improving accessibility in developments. Item: 4 Page: 72 APPENDIX 4

From the 29 March 2019, the Strategic Development Plan 2014 will be beyond its five-year review period. In light of this, for proposals which are regionally or strategically significant, or give rise to cross boundary issues between Aberdeen City and Aberdeenshire, the presumption in favour of development that contributes to sustainable development will be a significant material consideration in line with Scottish Planning Policy 2014.

The Aberdeenshire Local Development Plan 2017 will continue to be the primary document against which applications are considered. The Proposed Aberdeen City & Shire SDP 2020 may also be a material consideration.

5.3 Aberdeenshire Local Development Plan 2017

Policy R2 Housing and employment development elsewhere in the countryside Policy H5 Gypsies and travellers Policy P1 Layout, siting and design Policy E2 Landscape Policy RD1 Providing suitable services

5.4 Other Material Considerations

Aberdeenshire Council Gypsy/Traveller Stopover Site Development Guidance Gypsy/Traveller Site Provision Strategy (2014) Housing Need and Demand Assessment (2017) Local Housing Strategy (2018- 2023) The Equality Act 2010

6. Discussion

6.1 The main determining policy relating to this application is H5 Gypsies and travellers. Under this policy, the principle for a traveller site on unallocated land can be established if the need for such a site can be demonstrated. The exception to establishing need is where a private site is formed for an individual’s own use. In these cases, the policy advises that the need is considered to be established (the site must, however, comply with all other relevant policies). As the applicant advises that the site is required for himself, his family and his extended family, it is considered that, in terms of principle, the proposal complies with Policy H5.

6.2 To fully comply with Policy H5, the site must also not detract from the character, appearance or amenity of the surrounding area, be suitably serviced, provide a secure environment and be reasonably accessible to employment, education, community facilities and the main road network. These factors will be discussed in turn. Item: 4 Page: 73 APPENDIX 4

6.3 While the addition of caravans in rural locations visually impact on the countryside, the level of that impact is governed by factors such as scale and the level of screening. This site is bordered by mature woodland on two sides, a dwellinghouse to the North and is set lower by approximately 1.2m from the public road. As these factors reduce the prominence of the development, it is considered that the proposal would not significantly detract from the visual character of the area. The site layout is logical and typical of caravan sites. Each caravan will have a shed. The proposal is considered to accord with both Policy P1 Layout siting and design and Policy E2 Landscape.

6.4 While concerns have been raised in relation to road safety, Roads Development has not objected to the application subject to conditions. The site would be served by an access which will have a level platform 11m in length to allow longer vehicles to enter/exit the site and can achieve 120m visibility in both directions. This is acceptable to Roads Development and, while there may be vehicles coming and going, this would not necessarily be at any significant level nor is it considered to be unusual in the countryside. It is considered that the expected level of movement to and from the site would not significantly impact on the amenity of the surrounding properties.

6.5 In terms of site infrastructure, the position as at 27th August, 2019 was as follows:-

Issues were raised by Environmental Health. The applicant was trying to establish the acceptability of the existing well which would provide water to the proposed development. It has been demonstrated that there is a sufficient supply of water. However, further tests were required to establish the quality of the supply. That remained outstanding although initial findings indicated that it might be possible to provide suitable filters to mitigate any issues found to the supply. Nevertheless, Environmental Health retained its objection to the water supply pending the result of the outstanding tests. Although a mound system is, in principle, an acceptable method for disposal of foul drainage to SEPA, Environmental Health was concerned about the proximity of it to the neighbour’s private water supply.

6.6 The applicant had undertaken a porosity test relating to this development. The result if these tests showed ground porosity is severely limited which, in principle, would mean any solution to drainage on the site would need to be a bespoke solution. The Service had insufficient information to conclude that the proposed Mound system was considered to be adequate . The SEPA response to the application did not report an objection but, as Members may have noted, placed limitations on the development in terms of the maximum occupancy of the site which would be restricted to 15 persons. These limitations could not be conditioned by the Service. Furthermore SEPA noted that any system would require to be licenced under their CAR regime. The implication being that in order to satisfy SEPA, the Council’s Building Standards Service would require that any system is designed and certified by someone suitably qualified and that evidence of the proposed system outputs Item: 4 Page: 74 APPENDIX 4

and discharges would be satisfactory. As a consequence of the above, the Planning Service, in consultation with the Environmental Health Service was yet to be assured and satisfied that there was an acceptable servicing solution on this site. However that was not to say that, if this application was refused, the applicant may opt to propose another solution.

6.7 While the applicant asserted that the water supply was actually from the field on the opposite side of the road, Environmental Health advised that there was a well within 50m of the proposed mound system. As a result, Environmental Health also retained its objection to the proposed drainage system for the reasons stated above and the concerns that the system will result in the neighbouring water supply becoming contaminated. Accordingly, the proposal did not comply with Policy RD1 Providing suitable services. The applicant was continuing to work with the council in resolving these issues.

6.8 Update on site infrastructure issues as at 8th October, 2019:-

There has been some progression since the previous consideration of the application by the Area Committee in August. Whilst the applicant has not provided further information in regards to the water testing for the private water supply, this is currently being carried out by Environmental Health. Water quality tests had also previously been carried out by a third party which suggested that both the quality and quantity of could be brought to an acceptable standard. It is therefore highly likely that a technical solution, by way of appropriate filtration and treatment exists to mitigate the current supply. The Planning Service consider that this matter could be resolved as a delegated matter prior to grant of planning permission or by way of suspensive planning condition.

Following the confirmation of the location of the neighbour’s well within 50 metres of the mound system, in terms of the foul drainage proposals, there has been no further drainage assessment carried out to confirm the mound system is suitable for the site. Nor has a risk assessment to confirm that there would be no impact on the nearby private water supply been carried out given the constraints of the site and the nature of the ground conditions. Again, it may be technically possible to resolve this issue but it is more complex than the private water supply issue and therefore there remains a lack of information to confirm compliance with Policy RD1.

6.9 The final criteria required to make a Traveller site acceptable is the requirement to be accessible to public services. The site is beyond the typical walking distance of 400 metres access to services as defined in Scottish Planning Policy Paragraph 287. However, often in the case of the travelling community, a slightly more remote site is preferred. The site is approximately 5km (3 miles) by road from the settlement boundary of Hatton and 6km (3.75 miles) from the A90 Trunk Road. It is considered that the site is not poorly located for the occupiers of the site. Aberdeenshire Council’s Stopover Site Development Guidance (2013) states that ‘consultation with Gypsy/Travellers Item: 4 Page: 75 APPENDIX 4

suggest that most would prefer to be within a 2-3-mile radius of basic facilities such as doctors’ surgeries, schools and shops. Aberdeenshire Council’s Local Development Plan (LDP) Policy makes reference to ‘conveniently accessible location’ and 3 miles is deemed to be the absolute extent of this distance’. While the site may be slightly beyond that distance, in this case it is considered acceptable.

6.10 This proposal has generated a number of letters of representation which have raised a range of concerns. Issues are as follows:

• Concerns have been raised about the capacity of the local school and doctor’s surgery. Developer Obligations advise that the current School Roll Reports confirm that both Hatton (Cruden) Primary School and Ellon Academy are operating well within capacity. While it is acknowledged that Cruden Medical Group requires additional capacity, this is related to a range of allocations in the Aberdeenshire Local Development Plan 2017. The allocations within the practice area of the medical centre are significant and many of which have not yet been built. All will be required to contribute to the facility’s expansion. This is a small-scale development which does not require any Developer Obligation contributions. • While Aikey Brae is an existing Traveller Site in the area, it is for halting only. This site is for the private use of the occupiers as a place of residence. It is not possible to reside permanently at Aikey Brae. • The site forms part of an agricultural field where farming activities limit the range of biodiversity found. While the adjacent woodland may accommodate a wide range of wildlife, this development does not involve any works to the woodland itself which is not within the application red line. • The site plan shows a large area of undeveloped ground (including the area of the mound system which is buried and grassed over). This is considered acceptable as a shared amenity area for what is a family site. • The mound system has been designed for 15 people. SEPA advice note, “Small scale sewage discharges (e.g. septic tanks or package treatment plants)” states that the unit of measure used to describe the size of a waste water discharge is population equivalent (p e). For housing, minimum of 5 p.e. is used for any house with up to and including three bedrooms. As each of the caravans will have 3 bedrooms, the site will require a drainage system of 3 x 5 =15 capacity. It is therefore considered that the capacity of the mound system is appropriate for what is proposed on the site. • While halting sites have management in place, there is no requirement for this for private sites. • There are no issues over noise/light pollution. This is a domestic site and no floodlighting is proposed. Should there be a requirement in the future, depending on what was proposed, a planning application may be Item: 4 Page: 76 APPENDIX 4

required. Likewise, on a domestic site, there is no reason to believe the siting of three residential caravans would lead to noise issues.

6.11 The principle of development can be established for this application under Policy H5 Gypsies and travellers as the site is for private use, however, the applicant has not been able to demonstrate that the foul drainage system would not have a negative impact on the neighbour’s water supply, which has now been established, lies within 50 metres of the mound system. Due to the constraints of the site and the nature of the ground conditions, there are concerns that the proposed system might impact on the neighbour’s water supply. While this is capable of being resolved by seeking alternative systems such as a treatment plant, the system , as established at the site visit, does not comply with Policy RD1 Providing suitable services and is therefore recommended for refusal.

7. Area Implications

7.1 In the specific circumstances of this application there is no direct connection with the currently specified objectives and identified actions of the Local Community Plan.

8. Implications and Risk

8.1 An equality impact assessment has been carried out as part of the development of the proposals set out above. It is included as Appendix 3. The following impacts have been identified which can be mitigated as described:-

8.2 If the application is refused, the Traveller family at this site will be living with the uncertainty of whether they will be able to use the site in the short term while the decision can be appealed. If the refusal is upheld at appeal, the Council would need to consider action to remedy the unauthorised development of the site. If direct action was taken to remove the development, this would displace the Traveller residents and remove the provision of a permanent site for use (Aikey Brae is a Halting Site). This would potentially leave the family with nowhere local to live to maintain their access to education and local services. However, it has not been established to the satisfaction of the Planning Service that the site can be satisfactorily serviced with foul drainage.

8.3 These negative impacts can be mitigated by granting planning permission for the development by the Council or by the grant of planning permission by the Scottish Government on appeal. The Council will also continue to seek the provision of alternative permanent sites for the use of the Gypsy/Traveller community in appropriate locations through its Site Provision Strategy and allocation in the Local Development Plan. Item: 4 Page: 77 APPENDIX 4

8.4 There are no financial implications arising directly from this report other than an assessment of costs relating to any potential enforcement action taken by the Council in the event that the planning application is refused.

8.5 There are no risks identified in respect of this matter in terms of the Corporate and Directorate Risk Registers as the Committee is considering the application as the planning authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure.

9. Sustainability Implications

9.1 No separate consideration of the current proposal’s degree of sustainability is required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

10. Departures, Notifications and Referrals

10.1 Strategic Development Plan Departures

None

10.2 Local Development Plan Departures

Policy RD1 Providing suitable services

10.3 The application is a Departure from the Adopted Local Development Plan and has been advertised as such. Any representations received have been circulated as part of the agenda and taken into account in recommending a decision. The period for receiving representations has expired.

10.4 The application falls within one of the categories contained in the Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2019 and therefore was notified to the Scottish Ministers at validation.

11. Recommendation

11.1 That Members of the Buchan Area Committee provide preliminary views to Full Council for its consideration when determining the application and note the recommendation by the Head of Planning and Building Standards to REFUSE Full Planning Permission for the following reasons: Item: 4 Page: 77(a) APPENDIX 4

1. The proposal is contrary to policy RD1 Providing suitable services in that the proposed drainage solution has not been demonstrated to be adequate. The porosity test which underpin the design of the solution show that this solution could prove difficult to implement given the constraints of the site and the nature of the ground conditions. The drainage system is also within 50 metres of a neighbouring water supply. It has not been demonstrated that the system would not cause a negative impact on the health of the occupiers of the adjoining property.

Stephen Archer Director of Infrastructure Services Author of Report: Alan Davidson Report Date: 12 August 2019 Item: 4 Page: 78 Item: 4 Page: 79 Item: 4 Page: 80 Item: 4 Page: 81 Item: 4 Page: 82 Item: 4 Page: 83 Item: 4 Page: 84 Item: 4 Page: 85 Item: 4 Page: 86 Item: 4 Page: 87 Item: 4 Page: 88 Item: 4 Page: 89 Item: 4 Page: 90 Item: 4 Page: 91 Item: 4 Appendix 5 Page: 92

MINUTE EXTRACT

ABERDEENSHIRE COUNCIL

BUCHAN AREA COMMITTEE

BUCHAN HOUSE, PETERHEAD, 8TH OCTOBER 2019

Present: Councillors N Smith (Chair), D Beagrie (Vice Chair), A Buchan, M Buchan, S Calder, A Fakley, J Ingram, S Smith and I Sutherland

Councillor A Allan joined the meeting for items 9, 10 & 11

Apologies: Councillor A Simpson

Officers: Chris White, Buchan Area Manager (Business Services); Amanda de Candia, Solicitor (Business Services); Alan Davidson, Senior Planner (Infrastructure Services); Susan Bolderson, Senior Environmental Health Officer, (Infrastructure Services), Eleanor Munro, Environment Planner (Infrastructure Services); Peter MacCallum, Roads Development Manager (Infrastructure Services) (via skype); Stewart Ingram, Principal Roads Engineer (Infrastructure Services); Clarke Dalziel, Affordable Housing Officer (Infrastructure Services); Maxine Booth, Quality Improvement Manager (Education and Children’s Services); Rachael Goldring, Learning Estates Team Leader (Education and Children’s Services),(via skype); and Maureen Stephen, Area Committee Officer (Business Services)

5. NEW PLANNING APPLICATIONS

(a) APP/2019/0105 Change of Use from Agricultural Land to Travellers Site Suitable for 3 Pitches with Associated Works at Land adjacent to Smallburn, Clola, Mintlaw (b) APP/2019/1312 Planning Permission in Principle for Erection of 3 Dwellinghouses at Land adjacent to The Meadowhill, Strichen (c) APP/2019/1364 Full Planning Permission for Erection of 19 Dwellinghouses and Ancillary Infrastructure at Millburn Rise Development, High Street, St Combs (d) APP/2019/1573 Planning Permission in Principle for Erection of Dwellinghouse at Land adjacent to Newton of Kiddshill, Maud

Item: 4 Page: 93

APPENDIX A

NEW PLANNING APPLICATIONS

(a) Full Planning Permission for Change of Use from Agricultural Land to Travellers Site Suitable for 3 Pitches with Associated Works at Land Adjacent to Smallburn, Clola, Mintlaw For: Mr Gordon Stewart, 10 Mooley Avenue, Ellon Per: Alan Seith Reference No: APP/2019/0105

Having heard the Senior Planner, and after a full debate, the Committee agreed to provide the following preliminary view to Full Council –

That the Buchan Area Committee acknowledges the recommendation by the Head of Planning and Building Standards to Refuse Full Planning Permission for the following reason:-