THIS PAPER RELATES TO ITEM 5 COUNCIL ON THE AGENDA

Report to Planning Committee of 16th April, 2009

Subject: Erection of 6 No. Houses at Jerah, 55 Ochil Road, (Ref:09/00037/FULL)

Applicant: Mr W McLaren and Sons

Agent: Machin Associates, 30 Ludgate,

Prepared by: Grant Baxter, Principal Planner

Electoral Ward: Clackmannanshire West

1.0 Purpose

1.1. The purpose of this report is to assess and make a recommendation on the planning application to erect 6 dwellinghouses on land at Jerah, 55 Ochil Road, Menstrie. The assessment concludes that the proposed development complies with Development Plan policies, and taking account of existing permissions already in place, can be recommended for conditional approval.

1.2. The report summarises the planning history of the site, the comments received from consultees and one neighbour and the relevant sections of the Development Plan.

2.0 Recommendations

2.1. The application is recommended for APPROVAL subject to the following conditions:- 1. Before any works commence on site a construction (and demolition) management plan shall be submitted for the written approval of the Council. Thereafter construction (and demolition) shall be carried out in accordance with the approved plan. The plan shall include details of the means by which the existing vehicular and pedestrian access to the Ochil Hills to the west of the site shall be maintained during the construction phase. 2. Before any works commence on site, samples of external finishing material shall be submitted for the written approval of the Council. Sample details shall include the following: a. Wet dash render to external house walls. b. Natural slate roof cladding. c. Natural timber external doors, windows and dormer face and haffits. For avoidance of doubt, all finishing materials shall accord with the approved details submitted under the terms of this condition.

3. Before any work starts on site, details of a scheme for the discharge of surface water from roads, footpaths, gardens and roofs shall have been submitted to and approved in writing by the Council. Thereafter, the scheme shall be implemented in accordance with the approved details. The scheme shall be designed in accordance with the principles set out in the "Sustainable Urban Drainage Systems, Design Manual for and Northern Ireland", and shall be in place prior to occupation of the first new house within the proposed development. 4. Before any works commence on site, a details of landscaping, boundary treatment and hard surfacing shall be submitted. The details shall include the following: (a) Details of plant species, size, planting distance, means of protection and arrangements for the successful establishment of native tree and shrub planting. (b) Details of existing trees to be retained/lopped/topped/felled. (c) Natural rubble stone walls and/or beech/hawthorn hedging to the boundaries highlighted in GREEN on the stamped approved Proposed Site Layout plan. (d) Timber post and wire fencing and/or beech/hawthorn hedging to the boundaries highlighted in YELLOW on the stamped approved Proposed Site Layout plan. (e) Stone setts to the access road, parking and turning areas.

Once approved, the development shall be completed in accordance with approved details and all planting shall be carried out within the first planting season following occupation of the first proposed new house. 5. Before the occupation of the first new house within the proposed development all roads, footpaths (including remote footpath link to Ochil Road), turning areas and parking shall have been completed in accordance with the details shown on the stamped approved Proposed Site Layout plan. 6. Demolition and construction work on the site shall only take place between the hours of 08.00am to 06.00pm Monday to Friday and 8.00am to 1.00pm on Saturday and at no time on Sundays or local bank holidays. For the following reasons: 1. In the interests of road/pedestrian safety and residential amenity. 2. In the interests of visual amenity and local environmental quality. 3. In the interests of residential amenity. 4. In the interests of visual amenity and local environmental quality. 5. In the interests of road and pedestrian safety. 6. In the interests of residential amenity. 3.0 Background to the Proposals

3.1. The planning application site is mainly an agricultural paddock and garden ground located off a private track served from Ochil Road, Menstrie. The site contains one main building, (a single storey farm cottage) and two smaller outbuildings. The access track serving these cottages continues through the site and forms the lower section of a track into the Ochil Hills to the north. A more recent diversion to this track has been formed to the west of the cottage which provides public access into the hills.

3.2. The site is generally level and approximately 0.235ha in size, and is in a generally residential area, with the northern site boundary forming the edge of the settlement of Menstrie at the foot of the Ochil Hills. It is therefore within the village boundary as shown in the Local Plan.

3.3. Planning consent was granted in May 2008 for erection of four houses within the site and sub-division/alteration of the existing cottage into two houses (a total of 6 houses on the site), in the form of three pairs of semi-detached, one and a half storey houses. These would be served off an upgraded access road and a landscaped parking courtyard.

3.4. Following this approval, an application was submitted in June 2008 seeking demolition consent for the cottage. This application was supported by a survey by a chartered surveyor which concluded that the overall condition of the cottage was very poor, with an internal layout that did not suit sub-division and that the costs associated with conversion/renovation would be high. The building is neither listed nor within a conservation area and consent for demolition was approved in August 2008.

3.5. The current application proposes an amendment to the existing permissions on the site. Two of the proposed houses are in the same position as already approved. Two are proposed on the footprint of the existing cottage. The two easternmost cottages have changed from a pair of cottages running on the east-west axis to an L-shaped plan. The access, parking and landscaped courtyard arrangements generally reflect those already approved.

4.0 Consultations

4.1. Roads and Transportation have no objections. The access proposals are as previously required by Roads and Transportation. The existing and proposed properties should be accessed via an appropriately designed and constructed adoptable access road.

4.2. Sustainability - The site is now included in the Consultative Draft Local Plan for 6 units, and provided planning conditions reflect those previously applied, no objections in principle.

4.3. Scottish Water have no objections although final connection cannot be guaranteed at this stage. A separate drainage system is required to deal with surface water drainage. 4.4. Waste Management have no objections and advise that kerbside refuse collection should be in accordance with the Council's Supplementary Advice Note on this matter.

4.5. Land Services have no objections.

4.6. Access Officer - No additional comments to previous advice that the path to the west of the site which provides access to the hill and is a possible core path should be kept open and free from obstruction. Comment: The site layout plan shows this path retained within the layout. The development does not encroach on its route.

5.0 Representations

5.1. A total of 7 neighbouring proprietors were notified of the planning application. In response, one letter of objection has been received on behalf of Mr and Mrs Sorowka, 5 Ochil Road, Menstrie.

5.2. The key issues can be summarised as follows:-

• The proposed development is contrary to the Clackmannanshire Local Plan Policy RES 2 Brownfield Development. A portion of the site is in agricultural use, is not brownfield land and therefore should not be favoured for development. Comment: Policy RES2 gives priority for development on brownfield sites but also supports the development of underused land and property within settlement boundaries. In this case, whilst the site may be largely agricultural land, both it and the existing vacant dwellinghouse on the site are underused land within the Menstrie settlement boundary. Accordingly, the proposal complies with this policy.

• The proposed development is contrary to Local Plan Policy RES4 Infill and Backland development. The proposals represent backland development and parking facilities have been compromised and do not comply with the Council' standards. Plot ratio and garden ground standards do not meet the Council's policies in terms of 25% plot rations. This element of the objection also contains a comparison between proposed garden ground standards and those in certain plots surrounding the site. Comment: Policy RES4 on Infill and Backland Developments supports such proposals where they will meet the requirements of the related supplementary Advice Note and in particular must:-

(a) Not result in the loss of open space that is of value to the community. In this case the proposal does not result in the loss of open space and would retain access to the Ochil Hills.

(b) Where garden ground is to be sub-divided to achieve an acceptable standard of amenity for the new development and ensure there is no significant loss of standard of amenity for existing properties. The proposal does not comprise the sub-division of garden ground.

(c) Proposals must provide appropriate access and parking to meet the Council's Development Roads Guidelines and Specifications. Roads and Transportation have been consulted on the application and, as noted above, have no objections to the proposals, including the provision of parking. The proposals accord with this criterion.

• New developments must contribute to the enhancement of the existing character of the neighbourhood through appropriate form and quality design. The building design and site layout have been developed in consultation with the Council, taking account of new and emerging Government policy and advice on residential development, notably PAN 76 and the Government's Consultation Draft Designing Streets Policy. The proposals accord with this criterion.

• The development should not result in over-development or town cramming, with plot ratios not exceeding 25% for any individual plot of land. Infill and backland development should reflect surrounding densities of development. The original proposals have been amended to largely comply with this policy guidance. The amendments include the deletion of communal parking and consequential enlargement of plots. The surrounding area is characterised by varying plot ratios. The proposed development respects this theme.

5.3 The objection refers to potential overlooking and loss of privacy between houses within the development and between them and an existing house adjacent to the site. Comment: Some front windows face gable end windows. However, these are narrow, secondary windows, typically 10m apart and separated by the access road. Moreover, the windows do not align with each other. Therefore, standards of amenity and privacy will be acceptable.

5.4 The residents of 5 Ochil Road were not notified of the previous planning and demolition applications for the site as they should have been in accordance with the General Permitted Development Order thereby denying opportunity to object to these applications. Comment: Both of these previous applications were submitted with certification that all notifiable neighbours, 5 Ochil Road had been notified of the application. At the time of these applications, the plot of 5 Ochil Road did not contain a postal address and was, in fact, a vacant site with planning permission for erection of a house. The site is owned by the objectors and the proposed house is now under construction. Issues of this discrepancy in the neighbour notification came to light following the grant of planning permission and demolition consent and both permissions remain valid. Subsequent legal advice confirms that the application and planning permission remain valid.

6.0 Planning Considerations

6.1. The application must be considered in accordance with the terms of the Development Plan unless material considerations indicate otherwise. In this case, the relevant Development Plan Policies are those policies of the Clackmannanshire Local Plan dealing with residential development. Key material considerations include consultation responses as summarised in Section 4.0 of the report, representations as summarised in Section 5.0 of the report and the site's planning history including the extant planning and demolition permissions referred to in the Background Section 3.0 of this report.

6.2. Development Plan Policies

The key Development Plan Policies in respect of this application are:-

Policy RES 2 - Brownfield Development Policy RES 4 - Infill and Backland Development Policy RES 7 - Layout and Form of Development Policy RES 8 - Amenity Standards Policy EN 11 - Enhancing Environmental Quality

6.3. As noted in the representations section above, the proposal are considered to comply with Policy RES 2 in that they would redevelop underused land within the settlement boundary of Menstrie.

6.4. Similarly, the proposals comply with Policy RES 4 Infill and Backland Development, in that they would not result in the loss of open space, would provide an acceptable standard of private and communal amenity space, are acceptable in terms of roads and transportation guidelines and through the high quality of design layout and finishing materials would contribute to the enhancement of the character of the neighbourhood. Whilst all individual house plots within the development may not fully meet the recommended standards in their entirety as set out in Policy RES 4 and RES 8, the combination of private spaces, shared communal spaces within the development, the context of densities within surrounding houses and indeed the immediate proximity of and access to the Ochil Hills all combine to ensure that the houses in the development would have an acceptable standard of amenity space.

6.5. Taking account of the provision of Policy RES 7 and EN11, it is considered that the development has been carefully designed, taking account of the characteristics of the location and has resulted in a high quality of architectural design which integrates well with the built form and landscape character of the immediate surroundings, and has a form, scale and layout and finishing materials that would enhance the character of the surrounding area.

6.6. Taking all these matters together, the planning application is considered to comply with the terms of the Development Plan.

6.7. Taking account of these considerations, and noting the advice from consultees, the terms of the extant planning permission and our conclusions on the representation from one of seven neighbours, the application can be recommended for approval subject to the conditions set out in Section 3.0 of this report.

7.0 Sustainability Implications

7.1. None.

8.0 Resource Implications

8.1. Financial Details

8.2. The full financial implications of the recommendations are set out ; in the report. This includes a reference to full life cycle costs where appropriate.

8.3. Staffing - No staffing implications

9.0 Declarations

The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities 2008 - 2011 (Please tick ;)

The area has a positive image and attracts people and businesses ; Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all ; The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

10.0 Equalities Impact

10.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations?

Yes No ;

11.0 Legality

11.1 In adopting the recommendations contained in this report, Yes ; the Council is acting within its legal powers

APPROVAL/SIGNATURE DATE 02.04.09

Head of Service:

REPORT TO PLANNING COMMITTEE

To: Head of Administration and Legal Services, Greenfield, Alloa FK10 2AD

Report author: Grant Baxter, Principal Planner

Service: Development Services

Report title: Erection of 6 No. Houses at Jerah, 55 Ochil Road, Menstrie (Ref:09/00037/FULL)

Date of meeting: 16th April 2009

It is recommended that the attached report be:

1. Given unrestricted circulation

2. Taken in private by virtue of paragraph __ of schedule 7A of the Local Government (Scotland) Act 1973

List any appendices attached to this report (if there are no appendices, please state 'none')

1. None

List the background papers used in compiling this report . If you have completed a sustainability checklist please add this to your list (if there are no background papers please state 'none'

1. Clackmannanshire Local Plan

2. Consultation responses

3. Letter of representation

4. Previous planning applications

Nb. All documents listed must be kept available by the author for public inspection for four years from the date of the meeting at which the report is considered.

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09/00037/FULL - Jerah, 55 Ochil Road, Menstrie Erection of 6 No. Houses

Development & Environmental Services Ward: Clackmannanshire West OS Grid Ref: NS8597SW Kilncraigs Greenside Street ±Date: 0 10 20 30 40 50 Alloa 25-Mar-2009 Metres Scale: 1:1,250 FK10 1EB Based upon Ordnance Survey mapping with the permission of the controller of Her Majesty's Stationery Office (HMSO) © Crown Copyright. Tel: 01259 450 000 Fax: 01259 727 452 Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Clackmannanshire Council 100020783 (2009) [email protected]