DEVELOPMENT SERVICES Local Member - Councillor Alison Hay PLANNING APPLICATION REPORT Date of Validity - 17.02.06 MID , KINTYRE AND ISLAY Committee Date - 05.04.06

Reference Number: 06/00352/OUT Applicants Name: Mr and Mrs J Brolly Application Type: Outline Application Description: Erection of two dwellings Location: Land east of Torbreck, Ford

(A ) THE APPLICATION

(i) Development Requiring Express Planning Permission:

• Outline application for two house plots; • Formation of access to public road.

(ii) Other Aspects of the Development:

• Water connection to be to existing public main; • Foul drainage to be by means of single septic tank.

(B) RECOMMENDATION It is recommended that:

i) planning permission be granted as a ‘minor departure’ to the provisions of the development plan, subject to the standard outline conditions and reasons and the conditions and reasons listed in the report; and ii) a PAN 41 hearing be held prior to the determination of the application, in view of the number of representations received.

(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

This application proposes the development of two house plots at Ford between the road to Torran and the River Ford. The site is located within the Ford inset map forming part of the Mid Argyll Local Plan 2nd Alteration 1993. The proposal does not conform with the provisions of the adopted plan, insofar as it represents a linear extension of the settlement, which cannot be regarded as infill, rounding off or redevelopment in conformity with Policy HO 10.

The emergent 'Argyll & Bute Local Plan' (Finalised Draft) 2005 has considered future development options, and has included the application site within the proposed expanded village boundary. No representations have been lodged in respect of the proposed inclusion of this land in the Ford settlement boundary as part of the local plan public consultation process, and it is therefore appropriate to give emergent policy due weight in the determination of this application. The Dunadd Community Council have raised issues they would wish to be considered, but do not intend these to preclude permission being granted. Eleven letters have been received from households in support of the proposal and twelve representations have been received from households opposed to the proposal.

If developed, the site would represent the point at which development on the east side of the road terminates, as it meets the point where existing linear development commences on the opposite side of the road. The proposal may be regarded as a modest extension to the village as a ‘minor departure’ to the adopted local plan, on the basis that it accords with adopted structure plan policy and with uncontested provisions of the emergent local plan, which represent the most up to date expression of Council policy. However, as such a decision would be contrary to the adopted development plan, it will be necessary to hold a PAN 41 local hearing in advance of determination of the application.

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Angus J Gilmour Head of Planning 23rd March 2006

Author and Contact Point: Richard Kerr 01546 606080

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CONDITIONS AND REASONS RELATIVE TO APPLICATION: 06/00352/DET

4. Pursuant to Condition 1(a) above, any submitted details shall indicate dwellinghouses which are:

i) finished in wet dash render or natural stone or a mixture of both; ii) with a roof covering of natural slate or good quality slate substitute; iii) of no greater than one and a half story in height; iv) incorporating windows with a strong vertical emphasis; v) a roof pitch of not less than 37 o and not greater than 42o vi) with a ridge line located parallel to the public road forming the frontage of the site.

Reason: In the interest of visual amenity and in order to integrate the proposed dwellinghouse(s) with its surroundings.

5. Pursuant to Condition 1(a) above, any submitted details of the dwellings shall include a finished floor level relative to a fixed datum off-site. The development shall be implemented in accordance with such details as may be approved in writing.

Reason: In order to ensure that consideration may be given to the level of the proposed building in the interests of visual amenity.

6. Notwithstanding the details shown on the approved plan, the approved plots shall be served by means of a single shared access point to the public road, which shall be formed in accordance with the Council’s highway drawing G300, with a bellmouth area surfaced in dense bitumen macadam for a distance of 5 metres back from the carriageway edge prior to the first occupation of either of the proposed dwellings. The gradient of the shared access shall not exceed 1 in 15 within 5 metres of the edge of the carriageway and thereafter shall not exceed 1 in 7.

Reason: In the interests of road safety.

7. The access point required by condition 6 above, shall have visibility splays of 90.0 metres by 2.0 metres formed from the centreline of the proposed access. Prior to development commencing, these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

9. Prior to the occupation of either dwelling, a turning area and two car parking spaces shall be constructed and made available for use within the curtilage of the respective dwelling, which shall be retained thereafter for the parking and manoeuvring of vehicles.

Reason: In the interest of road safety.

ADVICE NOTES:

1. Attention is drawn to the attached copy letter from Scottish Water dated 2.3.06

2. The Area Roads Engineer indicates the following: - the access should be constructed and drained in order to avoid any discharge of water onto the public road; - a road opening permit under Section 56 of the Roads () Act will be required; - the passing place required in connection with the requirements of condition 6 above, will become part of the public highway and should be kept clear of any obstruction; - for further assistance contact 01546 604655.

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APPENDIX RELATIVE TO APPLICATION: 05/01957/DET

A. POLICY OVERVIEW

Mid Argyll Local Plan 1985 (1st Alt. 1989 and 2nd Alt. 1993)

Policy STRAT 2A – identifies Ford as a settlement appropriate for development proposals of local importance.

Policy HO 10 – encourages infill rounding off and redevelopment related to the existing built form in specified settlements, including Ford.

Policies RUR 1 and 2 – require prominent or sporadic developments to be resisted in designated areas, including the Loch Awe Area of local landscape significance. Proposals within these areas are to be assessed against specified criteria.

' Structure Plan' 2002 and 'Argyll & Bute Local Plan' (Finalised Draft) 2005

The site is now contained within an enlarged village envelope defined in the emergent ‘Argyll and Bute Local Plan’, which provides for a growth in the village of Ford. The local plan gives spatial expression to adopted Structure Plan policy STRAT DC 1 as follows:

STRAT DC 1 – DEVELOPMENT WITHIN THE SETTLEMENTS – Encouragement shall be given , subject to capacity assessments, to developments in the settlements as follows: A) – n/a B) – within the small towns and villages (including Ford) to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites … C) – n/a D) – developments which do not accord with this policy are those outwith (A) to (C) above and ….. development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) – n/a.

B. OTHER MATERIAL CONSIDERATIONS

(i) Site History

None relevant.

(ii) Consultations

Area Roads Manager (report dated 14.03.06): no objections subject to conditions regarding access and parking

Scottish Water (letter dated 29.11.05): no objections in principle. Separate application to be made direct with Scottish Water in due time for a connection to the public water main.

Dunadd Community Council (15.3.06): raise concerns regarding the potential increase in pollution of the Ford River from septic tanks, possible problems associated with water pressure for supplies to existing properties, and increased traffic on the road. It is stated that “whilst not precluding the granting of planning permission, these would seem to be issues worth considering”. Comment: It is proposed that these two plots are served by a single septic tank and a soakaway within the site. Any outfall to the River Ford would be subject to a SEPA discharge consent, and SEPA would be unlikely to accept this if a discharge to ground meeting Building Warrant requirements could be achieved. The development is proposed to be served by the public water supply and Scottish Water have indicated that they do not object to this, subject to remaining capacity being available at the time of proposed connection. Traffic levels on the Ford – Dalavich road may well be increasing, but they are not approaching the capacity of this single track road. The Area Roads Engineer has not raised objections to the proposal.

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(iii) Publicity

The proposal has been advertised under Article 9 (Vacant Land) on the 03.03.06 and separately as a Departure to the ‘Mid Argyll Local Plan’ on the 10.03.06. The period for representations expires on the 31.03.06. Eleven letters have been received from households in support of the proposal and twelve representations have been received from households opposed to the proposal. Their names and addresses are listed at the end of the report.

Those opposing the application raise the following issues:

If the application is approved as a departure to policy, it will open the way for development on the shore side of the road from Ford to Dalavich, undermining the distinctive character of Ford village;

Policy HO10 of the adopted plan seeks to restrain the development of small communities. A more liberal interpretation of this policy in response to dwindling land resources in small settlements would lead to unfettered and unsustainable development, which would only presumably be halted when a boundary was reached;

Policies RUR 1 and 2 seek to resist development with unacceptable environmental impact in scenic areas. It is considered that the existing house adjacent to the site (granted contrary to recommendation in 1999) already has a detrimental impact, setting a precedent for further ribbon development and further a further permission will compound this;

Comment on the above: The current local plan excludes the application site from the village boundary, but this dates form 1993 and is becoming outdated as infill sites within the village envelope are becoming exhausted. The consultation draft of the new local plan proposed a Potential Development Area (including the application site) on the east side of the road leaving Ford in the Dalavich direction, to provide for the future development of Ford. In view of representations lodged against this as part of the local plan consultation process, this PDA was deleted from the Finalised Plan, but the application site was retained in the extended settlement boundary in order to provide some small scale expansion of the settlement. Land beyond the site is now included in ‘Countryside around Settlement’ in the Finalised Plan which would not currently afford any potential for further development to the north. Development of the site would not therefore be a precursor to further development or lead to uncontrolled ribbon development. If approved, the site would represent the point at which development on the east side of the road terminates, as it meets existing linear development on the opposite side of the road. Any future applications for the development of land opposite to the existing houses on the west side of the road would need to be determined on their merits in the light of the circumstances and policy situation prevailing at that time.

Most of the houses along the Ford Dalavich road are occupied by the retired or as second homes. The contribution of the proposed houses to relieving the local housing problem would be minimal. Development opportunities are available in Torran and Inverliever nearby, and these should be an opportunity to relieve pressure on Ford, before the area between Ford and Torran becomes an unrelieved sprawl of development;

Comment: Occupancy of the proposed houses is unknown and uncontrolled and therefore this is not a material planning consideration. Members will be aware of the consents which have been granted on Torran Farm, both at Torran and Inverliever. These do indeed relieve development pressure on the village of Ford, but cannot be used as justification for precluding any further development of the village. The expansion of the settlement boundary provided for in the Finalised Plan is modest, having had regard to other development opportunities in the locality, including those at Torran.

The road through the village is single track and already overburdened with traffic including timber lorries and other heavy vehicles.

Comment: The Area Roads Engineer has not objected to the proposal on either road capacity or safety grounds.

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Those persons expressing support for the application have done so on the following basis:

Additional rural housing opportunities should be supported where possible as many communities are left to decline or are unable to move forward due to infrastructure constraints. Ford is one of the communities fortunate enough to be able to expand without servicing restraints and advantage should be taken of this in order to avoid stagnation and to breath life into the community.

The proposals form part of an overall investment package in the diversification of Torran Farm which should be supported both in terms of providing additional housing and supporting the development of community facilities.

C. ASSESSMENT

The application relates to approximately 0.3 hectares of land below the public road, which falls away to the River Ford to the rear. It has boundaries defined by a row of pine trees to the south and a hedgerow to the north. There are no features on the site other than for several conifers. The site lies to the north of a recently completed dwelling, and faces land on the opposite side of the road which has been allocated for development for many years under local plan Policy HO12, and which forms a ‘potential development area’ in the new local plan, but which has not to date, been brought forward for development. The application site marks the limit of the 'Argyll & Bute Local Plan' settlement boundary to the east of the road to Torran; beyond which development switches to an existing single linear row of detached properties on the opposite side of the road. Land to the north of the application site was contained in a further proposed ‘potential development area’ identified in the Consultation Draft of the new local plan, but this was deleted in the Fiinalised Plan in response to representations received during the consultation process. This land has now been designated ‘Countryside around Settlement’ in the Finalised Plan, which limits opportunities for development, although this status is being contested by the landowner and others, and will eventually require to be addressed at the local plan inquiry. Whatever the outcome of the future for this land, it does not have implications for the acceptability of the plots now proposed.

Proposals within designated landscape areas (in this case the Loch Awe area of local landscape significance) are to be assessed against Policies RUR 1 and 2.

Environmental Impact: The application site is below road level, is contained on either side by trees between the road and the river at the rear, and immediately adjoins existing roadside development to the south. Its development would neither be prominent nor sporadic, nor would it impinge on key views or detract from key environmental features of the designated area of landscape significance. The site forms a series of contained paddocks running along the road north out of Ford, which are a distinctive feature locally. The potential development of these paddocks has been addressed as part of the preparation of the new local plan, with the initial identification of a Potential Development Area in the Consultation Draft version of the plan, which was deleted in the Finalised Draft as a result of representations. The application site was however retained in the enlarged village envelope for Ford set out in the Finalised Plan, in order provide a limited opportunity for the future expansion of the village, up to the point where the row of existing buildings commences on the west side of the road. The development of these two plots would not set a precedent for further linear development, given the current status of the land to the north in the Finalised Plan as ‘Coumtryside around Settlement’, which would not support further linear development. The landowner has, however, made representations to the Finalised Plan requesting that the PDA be reinstated. The future of the land to the north would ultimately therefore be addressed separately as part of the local plan public local inquiry process.

Locational/operational need: None associated with the proposal.

Economic Benefit: The applicants have asked that Members attention is drawn to the fact that their intention is that the sale of this land should contribute to the ongoing diversification of their farm holding at Torran, and their associated development proposals including the relocation of the farmstead, the development of housing on the site of the existing farm, and the commercial development proposed at Torran Bay.

Servicing and infrastructure implications: The proposal would not give rise to any significant concerns in this regard.

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The proposal is not consistent with the policies of the adopted Mid Argyll Local Plan, in so much that it would extend the settlement of Ford beyond its presently defined limits in a linear form inconsistent with the adopted local plan policies. Latterly, consideration has been given to the planned expansion of the settlement of Ford as part of the emergent local plan process. The application site is now contained within the proposed expanded settlement boundary delineated in the 'Argyll & Bute Local Plan' (Finalised Draft) 2005. This has been the subject of public consultation as part of the local plan process and has not attracted any representations. Accordingly, significant weight can be attached to the emergent plan in the assessment of the current application.

In the context of Structure Plan Policy STRAT DC 1, which provides for the expansion of existing settlements in conformity with areas identified in the emergent plan, the proposal can now be considered consistent with the Council’s latest, and uncontested, expression of policy and should be approved as a ‘minor departure’ to the provisions of the adopted local plan.

D. REASONED JUSTIFICATION FOR DEPARTURE TO THE DEVELOPMENT PLAN

The proposal does not conform with the provisions of the adopted Mid Argyll Local Plan 1985 (1st Alt. 1989 and 2nd Alt. 1993) insofar as the development represents a linear extension of Ford which does not constitute infill, rounding off or redevelopment of the established settlement. The plan is now substantially out of date and is to be superseded by the provisions of the 'Argyll & Bute Local Plan' (Finalised Draft) 2005, which now includes the application site in the planned expanded settlement boundary for Ford. As this proposal has been the subject of consultation as part of the local plan process and as no representations have been lodged, this expanded boundary can be expected to be rolled forward into the final adopted version of the plan. With this in mind, it is appropriate to accord weight to this most recent expression of Council policy in preference to the outdated provisions of the adopted plan.

E. CONSIDERATION OF THE NEED FOR A PAN 41 HEARING

Planning Advice Note 41 recommends that Planning Authorities intending to make decisions which would represent departures from the provisions of an adopted development plan, in cases where applications are the subject of objections, should give consideration as to whether it is appropriate to hold a local hearing in advance of making any determination. It is the Council’s practice to follow this advice, and therefore in the light of the representations received in this case, it will be appropriate to hold a PAN 41 hearing in order to afford interested parties to present their case to Members before a final decision is reached.

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APPENDIX RELATIVE TO APPLICATION 06/00352/OUT

Persons making representations against the proposal:

Mr and Mrs W Anderson, Wayside, Ford, Lochgilphead PA31 8RH Mr and Mrs J Cornelius, Bruach Cottage, Ford, Lochgilphead PA31 8RH Mr and Mrs D Bannister, Tigh an Lodan, Ford, Lochgilphead PA31 8RH Mr and Mrs P Bailey, Torbreck, Ford, Lochgilphead Mr and Mrs P Hemmings, Auchinellan, Ford, Lochgilphead Ms M Gibson, Auchinellan, Ford, Lochgilphead Mr and Mrs A Edge, Taigh Air Amhonadh, Ford, Lochgilphead Mr P Smith, Burnbank, Ford, Lochgilphead Ms A Jones, 4 Finnish Houses, Ford, Lochgilphead Mr and Mrs J Boden, Bracken Bank, Ford, Lochgilphead Mr and Mrs K Phillis, Burnlea, Ford, Lochgilphead Ms S Carmichael, Torranbeg, Ford, Lochgilphead

Persons making representation in support of the proposal:

Ms M Clark and Mr A Beaton, Balure, Ford, Lochgilphead Mr and Mrs M Cockerline, Taodh-an-ach-Adh, Ford, Lochgilphead Mr and Mrs A Robinsonn, Inverliever Croft, Ford, Lochgilphead Mrs D Clocherty, Ahbitmhor Cottage, Torran, Ford, Lochgilphead Mr and Mrs J MacIntyre, Plot 9, Inverliever, Ford, Lochgilphead Mr and Mrs D Heeney, 16 Westclyffe street, Glasgow, G41 2EE Mr and Mrs D McEwen, 2 Pier Cottages, Ford, Lochgilphead Mr R MacLeod and Ms F McCuaig, 13 Rowan Park, Lochgilphead Ms K Brolly, 61 Mina Crescent, Kinglassie, Fife, KY5 0XS Mr D Brolly, Flat J, 280 St Georges Road, Glasgow, G3 6LA Mr A Murchison and Ms A McKenna, 6 Campfield Sstreet, Falkirk

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