AGENDAITEM NO. ?-2
Bute and Cowal Area Committee 2ndFebruary 1999
Presentation of the 1998 Design Award
Application Applicant Proposed Development Location Number
98101631DET S!ories(Argyll) Permanent retention of offices Stones Yard, J&.d LTD. Kilbride Road, Dunoon.
981015 15DET StonesiArgyll) Permanent retention of sccurity- LTD. fence and gate. c Dunoon.
98/0146X/DET British Ensign Erection of pubirestaunnt Land East of Former Estates LTD. Harmony House Hotel Site, Alexandra Parade, Dunoon.
98101652DET Mr & Mrs Kay Erection of dwelling land adjacent to
Firbank, c lnnellan.
98/01615/OUT Mr. White Erection of dwelling (Continued application) (Site Familiarisation)
98100865DET R.. Creelman Erection of a dwelling (Continued application)
9810136 1LIB C. Barrett Retention of flue Shore Road, Tighnabruiach. 65’
98101354PET Trustees Ex te mal alterations, extension & Boat house, Mount Stuart C.0.U of boathouse to dwelling Ascog Point, Trust Ascog, Isle of Bute.
9SiO 1355iLIB Trusters Internal &external alterations, Boathouse, Mount Stuart extension & C.0.U of Ascog Point, Trust boathouse to dwelling Ascog, Isle of Bute
9 810 173 2/D ET Rothesay & Erection of pipe band District Pipe Practice hall. Band ,
99,'00047~T\IID Argyll & Erection of a Wall 28-32 Marine Place & Bute 1-5 Pointhouse Crescent, Ardbeg, Rothesay, - +3bfU&/ Isle of Bute.
DC 19 Mrs Gilles Application for Listed ' ' "Heathbank", Building Gram Aid Shore Road, Kilmun...... ~
Local Member - Councillor Walsh Date of Validity - 9* November 1998
13" January 1999
Reference Number: 98/01 631/DET Applicants Name: Storie (Argyll) ttd Application Type: Detailed Application Description: Cladding of Walls and New Pitched Roof on Existlng Offices to Allow For Permanent Retention Location: Stories Yard, Kilbrlde Road, Dunoon.
(A) SUMMARY
The proposal will in effect result in the establishment of a permanent office in place of the existing temporary structure which has been in situ for a number of years. The replacement of this unattractive modern building with a new office is to be welcomed and does not give rise to any land use or policy
(B ) POLICY CONSIDERATIONS
The site is situated within a Local Scenic Area as defined under POL RUR 1 of the Cowal Local Plan whereby the proposal requires to be assessed in terms of its environmental impact, locational/operational need, economic benefit and servicing and infrastructure constraints.
The proposal accords with Local Plan Policy.
(C ) SITE HISTORY
01 -90-0629 Detailed planning permission was Granted on the 23'd August 1991 for the installation of temporary office buildings for a five year period.
96/00935/DET Detailed planning permission was Granted on the 181h September 1996 for a further 4 year period. This permission will lapse on the 18* September 2000.
(D ) CONSULTATIONS
I. Area Engineer Highways : Views awaited.
It. West of Scotland Water : Views awaited.
Ill. West of Scotland Water (Sewerage) : Views awaited.
IV. Public Protection Unit : Views awaited.
(E) PUBLICITY
The proposal has been advertised under the provisions of Article 18 (Potential Departure - closing date 1 January 1999). One letter of representation was received from Mr Black, Mars Hill, Kilbride Road, in which the following concerns were raised:
i) Description of the application site was not accurate.
Comment : There was sufficient information to allow identification of the site along with a detailed location and site plan.
I \WORD\DBOUNI*PPS 98iWSTl~lMl-WWRSTORE OFFICE KILBRIDE ROM DUNOON.DOC ii) It is unclear whom the applicant is and who owns the site.
Comment : The application was submitted by Storie (Argyll) Ltd who confirmed under Article 8 Procedures that they also owned the site and who submitted a copy of their title deeds for confirmation.
iii) The proposal was not advertised as a Potential Departure in relation to all the relevant policies as contained in the Local Plan.
Comment : The proposal was advertised as a Potential Departure under the provisions of POL RUR 1 of the Cowal Local Plan alone, as there were no other relevant policies applicable.
iv) It was unclear whether the walls of the building were to be rendered or finished in blockwork.
Comment : The wafls are to be finished in breeze blocks and then rendered roughcast white in colour as specified on the plans and forms.
v) It was unclear when planning permission was originally granted for the offices.
Comment : See Section C above.
vi) No drainage details were submitted with the application.
Comment : No additional drainage details were required given that it was intended to utilise the existing sewerage connections.
vii) Insufficient detail was given on the submitted drawings regarding the scale and dimensions of buildings proposed.
Comment : There was sufficient information submitted on the drawings to allow for a detailed assessment of the proposal. The standard scales of 150, 1 :loo; I :200,1 :2500 were used.
viii) No fire precaution measures have been identified as part of the planning application.
Comment : No such details are required as part of a formal planning submission although it is an issue that would be examined under the Building Warrant application.
ix) Not all the doors shown on the plans swing outwards.
Comment : This is not a relevant planning consideration. And is a matter that would be examined under the Building Warrant application.
x) No toilet or first aid provision is identified on the submitted plans.
Comment : Two toilets are identified within the existing building. No details were provided of first aid provision and is not a retevant planning consideration .
(F ) ASSESSMENT
DeveloDrnent Reouirina ExDress Plannino Permission.
I Permanent retention of temporary office building (Class 2 - Financial, Professional & Other Services).
I Installation of new pitched roof which is to be finished in black profiled sheeting.
H Re-cladding of external walls in breeze block which is to be rendered roughcast white.
I \WORD\OE~UNIAWSsa\~Tlsarss401631-WR STOFIlE OFFICE KllBRlDE ROAC WNOON Doc Amlicants Sumortina Information
The applicant seeks to formalise and improve their existing office provision through the replacement of the existing temporary buildings with a permanent building to allow for their continued operation.
Material Considerations
The site is situated within a Local Scenic Area and as such requires to be assessed against the provisions of POL RUR 1 of the Cowal Local Plan.
I. LocationaVOperationaI Need
The proposal entails the provision of a permanent office within the applicants existing site rather than the continued use of their existing temporary structure.
11. Economic Benefit
There may be some economic benefit to the applicant through the permanent provision of an office facility at this location.
Ill. Environmental Impact
The existing offices are contained within temporary grey portacabins which are situated within the applicants yard. This building is unattractive being grey in colour and of modern appearance and construction and unsuitable for permanent retention. The existing office itself is largely hidden to public view by the presence of other buildings and the topography of the site which means the building is only briefly visible to public view.
It is proposed to make the building permanent through the installation of a new breeze block wall on its exterior which is to be rendered roughcast white and the installation of a new pitched roof. The principle of an office for an ancillary use to the operation of the main yard is not in question. The only concern related to the temporary nature of the existing structure which was considered unsuitable for long term retention. This current application addresses these concerns by making the building permanent, aesthetically more attractive and allows for its use on a permanent basis without having an adverse environmental impact upon the landscape setting of the area to its detriment.
IV. Effect on Conservation of Natural and Heritage Resources
It is not considered that the proposal will have any effect upon natural and heritage resources.
V. Sterilisation of Natural Resources
The proposal will not adversely affect existing natural resources.
VI. Alternative Policies and Proposals Contained in the Local Plan
There are no other relevant policies within the local Plan affecting this development,
(G ) CONCLUSION
The proposal, will result in the replacement of an existing temporary portacbain with a purpose built office with a pitched roof and rendered walls which is to be welcomed and which will give rise to no land use and privacy and amenity concerns.
I-IWORD\DBCIUNIAPPS mTi60a6940iai.wfl STORIE OFFICE KILBRIDE RO*O WN(MN.WC (H ) RECOMMENDATION ,
It is recommended that planning permission be Granted subject to the following conditions and reasons.
Head of Development and Building Control
"In reaching my assessment on this application, t have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985'.
Case Officer: D. Jones 01 369-70-8604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer:
I:\WORMOBQUNIIIPPS 4a9c,Tlsm68Ror€3l_WRSTORIE OFFICE KllERlDE ROM cvNooN.ooC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01631/DET
CONDlTlO N S
1. Standard.
2. Prior to the commencement of any works, full details of the proposed roof finish (including 6s Reference number) and sample shall be submitted to and approved by the Planning Authority
3. Prior to the external walls being rendered a 2.00 square metre %ial panel" of render shall be erected on site for the prior approval of the planning authority and upon such written confirmation the development shall be carried out in such an approved material.
REASONS
1. Standard.
2-3. In the interests of visual amenity and to help integrate the proposal into its surrounding townscape setting.
I \WORD\OBC\UNIAPPS.~Tl~ol~l~W~STORIE OFFICE KILBRIDE ROU WHOON wc I 7 ! Local Member - Councillor Walsh Date of Validity - 22 October 1998
15" January 1999
Reference Nu mbet: 98/01 515/DET Applicants Name: Storie (Argyll) Limited Application Type: DETAlLED Application Description: Retention of Security Fence and barrier Location: Stories Yard, Kilbrlde Road, Dunoon
(A) SUMMARY
The proposal will result in the retention of the perimeter fence and gate on the boundary of the applicant's storage yard. The siting of the fence around an already established storage yard is acceptable and does not adversely affect the landscape of this local scenic area to its detriment subject to appropriate plating. It has now been established that the retention of the barrier constitutes "permitted development."
(6 ) POLICY CONSIDERATIONS
The site is situated within a Local Scenic Area as defined under POL RUR 1 of the Cowal Local Plan whereby the proposal requires to be assessed in terms of its environmental impact, iocational/operational need, economic benefit and servicing and infrastructure constraints.
Subject to appropriate planting the proposat does not undermine local plan policy.
(C ) SITE HISTORY
Ref 13677 Detailed Planning Permission was Granted on 15' April 1970 for the construction of an access and subsequent use of area of ground for constructors plant yard.
Ref 01 -90-0629: Detailed Planning Permission was Granted on 23rdAugust 199 I for the installation of temporary office building for a 5 year period within the site.
Ref 96/00935/DET : Detailed Planning Permission was Granted on 18" September 1996 for a further 4 year period for the said temporary office buildings. This permission will lapse on 18 September 2000.
Ref 98/01631/DET : There is an associated planning application which is currently before members for consideration for the permanent retention of the existing office building by recladding its external walls and installing a new pitched roof.
(D ) CONSULTATlONS
I. Area Engineer Highways (memo dated 9" November 1998. No objection.
2. Scottish Rights of Way Society (letter dated P December 1998) advise that there is no registered Public Right of Way along the private road adjacent to the applicant's site.
3. Corporate and Legal Services (memo dated 9' December 1998) advise that there would appear to be a pedestrian right of way in existence along the private road to the rear of the applicants site, but that the existing barrier does not prevent the pedestrian access aIong the route and as such it is not considered appropriate to take any further action requiring the removal of the barrier. (E ) PUBLICITY & REPRESENTAllONS
The proposal has been advertised under the provisions under Article 18 (Potential Departure - closing dated 20m November 1998). Twelve letters of representation were received, all from Mr Black, Marshill, 7 Kilbride Road, Dunoon (letters dated 1grn August 1998, 23d September 1998, 2gth September 1998, 2P October 1998, 3* November 1998, 5~ November 1998, 13* November 1998, 15'" November 1998, undated letter received 20h November, 1998, 1" December 1998, 3M December 1998 and 4* January 1999) in the which the following concerns were raised:
1 The securrty fence along the boundary of the site was erected without planning permission.
Comment: The owner of the site was advised by the planning authority that planning permission was required for the fence which was duly submitted.
2 The secunty barrier erected required planning permission.
Comment: The barrier erected across the private road to the rear of the application site does not exceed 1.0 metre in height and constitutes permifted development" by virtue of Schedule 1 Part 2 Class 7 and does not therefore require planning permission. Any planning decision notice, as may be issued, should duly take account of this fact.
3 The security barrier at the rear of the application site blocks an alleged right of way which leads to the Bishops Glen.
Comment: See above and Assessment.
4 The wrong applicant was stated in the application forms.
Comment: This was drawn to the applicant's agent attention and duly rectified.
5. The wrong description and location was given in the advertisement when the proposal was advertised under Article 18 Procedures.
Comment: An amended advertisement was placed to rectify and address these concerns.
6. Earth works have been undertaken at the site which require the benefit of planning permission.
Comment: Upon examination it is established that the said works did not constitute an engineering operation and did not require submission of a formal planning application.
7. There has been a significant storage of material and equipment out with the defined boundaries of the site.
Comment: Following a site inspection it was established that the equipment had been sited within the defined site boundaries and within the approved area of the original planning permission.
8. There has been a risk of possible pollution through fuel leakage from the parked vehicles within the site.
Comment: No complaints have been received by any of the consultees in this regard.
9. No warning signs have been erected along the private road to indicate the presence of the security barrier.
Comment: This is not a relevant planning consideration as the barrier itself does not require pianning permission. 1O.The private road is not within the applicants ownership.
Comment: In the submitted applications forms under Article 8 the applicants agents confirms that all of the affected site was in the applicants ownership, which included the private road.
ii .The proposal contravenes Council Policy.
Comment: See Assessment.
12.The proposal is in conflict with POL TUR 12 of the Cowal Plan.
Comment: POL TOUR 12 relates to the provision of a country park for the Bishops Glen. The application site lies out with the boundaries of the Bishops Glen and this is not a relevant policy consideration in this instance.
13. The erection of the securii fence and barrier detracts from the wider landscape setting of the area.
Comment: See Assessment.
(F ) ASSESSMENT
DeveloDment Reauirina Exmess Plannino Permission.
- Retention of 2.30 metre high perimeter securrty fence around the applicants existing storage yard.
Other SDecifjed Operations
- Erection of security barrier across the private road to the rear of the applicants storage yard, which does not exceed I .O metre in height.
A~plicantsSumortina Information
The applicant has spoken to the Police and Fire Services about the barrier and they have no problems about it. The barrier was put up to stop a motor cyclist who is causing problems in the area with his constant use of the site at night. The barrier is open between 8.00 am and 6.00 p.m. and is only closed at night.
The applicant has advised that the security fence is required to improve security within the yard and to prevent theft and vandalism.
Material Considerations
The site is situated within a Local Scenic Area and as such requires to be assessed against the provisions of PUL RUR 1 of the Cowal Local Plan.
I. LocationaVOperational Need
The erection of the perimeter .security fence is required in order to prevent theft and vandalism to the applicants existing storage yard.
II. EconomIc Benefit
There maybe some economic benefit to the applicant through reduction in vandalism and theft from the storage yard. Ill. Environmental frnpact
The site is situated on the western periphery of Ounoon and the boundary of its ruralhrban fringe. As outlined above under Section C the storage yard itself is well established. The security fence already in situ is a 2.3 metres high chain link fence, with a three strand barbed wire on the top and which extends for a distance of approximately 125 metres around the western and northern boundaries of the storage yard.
The fence is functional in appearance and serves to act as a defining boundary to the storage yard. Given that it bounds an established storage yard, its form and function are inter-related and its presence does not therefore serve to seriously detract from the wider landscape setting of this local scenic area, to accord with the provisions of POL RUR 1 of the Cowal Local Plan.
The security fence would however benefit from integrated landscaping within the fence and shrubs with prickly thorns such as gorse, berberis, hoily or hawthorn which can act as deterrent to intruders as well as providing protection for fencing and its integration within the landscape. Consequentially a planning condition to this end should be duly imposed having regard to the principles set out in PAN 46 “Planning for Crime Prevention.”
IV. Effect on Conservation of Natural and Heritage Resources
None
V. Sterilisation of Natural Resources
None
VI. Alternative Policies and Proposals Contained in the Local Plan
There are no other relevant policies within the Local Plan affecting this development.
(G) Planning Advice Note 46 ”Planning for Crime Prevention”
Crime prevention can be a material consideration in determining planning applications. Indicates that a fence, wall or hedge around an area creates a sense of territoriality which makes trespasses feel uncomfortable and exposed ... ..The risk of theft from industrial and business premises can be high particularly at night ... . Landscaping complements other security measures and prickly shrubs and thorn hedges in a landscaping scheme will help to keep people on designated routes. The use of trees close to fencing should be avoided if they can be used as a climbing frame over a fence.
(HI Other Considerations
The primary concerns in relation to the representations received related to the issue of the erection of the security barrier at the rear of the application site over a private road which it was claimed is a right of way.
The security barrier which has been erected across this private road does not exceed 1.0 metre in height and consequentially constitutes “permitted development” under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and does not therefore require express planning permission. The barrier itseff is left open during the day and is locked at night time. The applicants claim that they instalied the barrier in the first instance to prevent motorised access to the forestry roads at the rear and to help protect the existing storage yard from €heftand vandalism. The barrier has been erected on land that is within the ownership of the applicant.
Upon consideration of the proposal the Corporate and Legal Services Department have advised that the barrier ‘does not prevenl pedeslrian access along the route and QS such it is nof our view appropriaie to take any action requiring the removal of [he barrier. I would confirm that the view stated above is also !hat held by the Scottish Rights of Way Society who have been consulfed with parricular regard
(0this malter. ‘I The Scottish Rights of Way Society and the Corporate and Legal Services Department have confirmed that the private road itself is not a recognised right of way- It is recognised by the Corporate and Legal Services Department however that there would appear to be a right of way in existence across the private road referred to. However, it would be incumbent upon any affected individual to demonstrate such a claim to enable such a route to be recognised as a formal right of way.
Whilst the department recognises that it may be desirable to allow for improved access along this private road and to return to the 'status quo", as the barrier does not exceed 1.0 metre in height and its erection does not require express planning permission this is an element which the planning authority does no1 have jurisdiction to pursue further.
Conclusion
The retention of the existing securrty fence afong the perimeter of the storage yard does not serve to seriously detract from the wider landscape setting of this local scenic area contrary to the provisions of POL RUR 1 of the Cowal Local Plan although its integration could be improved subject to appropriate planting.
(J) Recommendation
It is recommended that planning permission for the securrty fence only is Granted subject to the following condition and reason.
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".
Case Officer: Dafydd Jones 01369708604 Senior Planning P.O'Sullivan 01369-70-8608 Officer: CONDITIONS AND REASONS RELATIVE TO APP LlCATlON 98/0151WDET
CONDITIONS
Within one calendar month of the date of this permission, a landscaping scheme shall be submitted to the Council as Planning Authonty for the prior written approval. This scheme shall include full details of proposed planting including species number, type and variety of integrated planting within the fence and within close proximrty to the fence with shrubs with prickly thorns such as gorse, berberis, holly or hawthorn or other suitable species as may be agreed with the planning authority. The approved landscaping scheme shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season and thereafter shall be maintained to the satisfaction of the Planning Authorrty for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.
REASONS
1. In the interests of visual amenity and to help integrate the securrty fence into its surrounding landscape setting. NOTE TO APPLICANT RELATIVE TO APPLICATION 98/01515/DET
The security barrier which has been erected does not exceed I .O metre in height and consequentially constitutes ‘permitted development” under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and does not therefore require express planning permission. . .\._
i! I' I' !I ~ 1.- :!
ITitle: LOCATION PLAN RELEVANT TO AP P LICAT1 0 N No .qB /Of515/ Local Member - Councillor D. Walsh Date of Validrty - 20* October 1998
14" January 1999
Reference Number: 98/01 468PET Applicants Name: British Ensign Estates Ltd Application Type: Detailed Application Descrlption: Erection of Pubmestaurant Location: Land East of Former Harmony House Hotel Site, Alexandra Parade, Dunoon I I"' SUMMARY In view of the complex nature of the application and the Council's dual role as Planning Authority and landowner in this instance, coupled with the excambion deal and the requirement for referral to the Secretary of State thereafter, there are a number of issues which require to be clarWd and resolved. A further repot-! will be placed before Members fur consideration upon this matter on receipt of further information from the applicant together with a revised site plan regarding the issue of parking and examination of ail the associated concerns.
POLICY CONSIDERATIONS
Under POL COM 5 the Council will oppose potential "bad neighbouf developments when it is considered they are likely to adversely affect the amenrty of neighbouring properties on land.
The proposal accords with Local Plan Policy
SITE HISTORY
Ref 01/95/0630/DET : Demolition of the former Harmony House Hotel, provision of eleven fiats and an estate agents office withdrawn.
Ref 01/95/0682/DET : Detailed permission Granted on 31'' August 1995 for the demolition of the hotel, erection of eleven flats and an estate agents office.
Ref 96/00974/DET : Erection of an estate agents office (Class 2) withdrawn 17"' September 1996.
Ref 96/01222/DET : Demolition of the hotel and the erection of an estate agents in its place within part of the former Harmony House Hotel site was Granted on 6mNovember 1996. The hotel has now been demolished.
(D ) CONSULTATIONS
1. Public Protection Unit (memo dated 22"d November 1998): No objections.
2. Statutory Plans Section (memo dated 9" November 1998): No objections.
3. Petroleum Officer (memo dated 1 1" November 1998): No objections.
4. West of Scotland Water (Sewerage) (letter dated 3rdNovember 1998) : No objections.
5. West of Scotland Water (letter dated 1P November 1998) : Advises that there is a 12 inch C.I. main running through the centre of the site and all costs associated with the diversion of this main will require to be met by the developer. The developer has been advised of this. 6. Area Engineer (Highways) (letter dated 23d November 1998) : Advised that a 61 space car park ' , will be created with 31 spaces for the publrestaurant and 30 dedicated spaces for the replacement car park. Advises that as a consequence of the relocation of the existing car park from its current site to the former Harmony House Hotel Site and the siting of the new pubhestaurant will result in a shortfall of 12 car parking spaces within the town centre. They have requested that the developer either :
i) rmonsider the development,
ii) provide alternative parking elsewhere within the town,
iii) compensate the Roads Department for the lost spaces at approximately !ZOO0 per space
It is recognised that policing the car park may prove problematic in the future with the introduction of the car parking charges. How the car park will be divided between the public car park, where charging will occur and those spaces dedicated for the patrons of the pubkestaurant. Measures to address this could include either ;
a} the car park being divided and cordoned off between public and private use.
b) the whole car parking area being set aside for the Council #or charging.
c) only essential staff and service parking being made exclusive to the developer.
Should the whole car park be set aside for public car parking with charging introduced this may help resolve the compensation issue relative to the issue of charging per space lost as outlined under iii above. The car park itself must also be in operation prior to any works commencing upon the proposed Car park site itself where it is proposed to site the pub/restaurant.
(E) PUBLlClTY
The proposals have been advertised under the provisions of Section 34 and Article 9 (Bad Neighbour and Vacant Land (closing date 20thNovember 1998). Five letters of representation were received from J G Hairlines, Bedford House, Alexandra Parade (letter dated 4" October 19981, Mr Alan Camden, Mary Street (letter dated 4" October 1998), A C Goran, Rigruin, Kilmartin (letter dated 30" September 1998) an# Corrigall Black on behalf of lan Fraser Hotels Ltd (letter dated 16" November 1998), and Mr and Mrs Mill, 4A Moir Place, Church Street, Dunoon. The points of concern were as follows :-
1) The development gives rise for potential for noise
Comment: See Assessment.
2) The plans as originally submitted were misleading in that they referred to a hotel development but showed no bedrooms.
Comment: The original plans received had originally been titled 'hotel development" However clarification was sought from the applicant who has confirmed that the proposal is for a pub/restaurant and not for a hotel development.
3) The proposed development does not follow the established building line.
Comment: See Assessment.
4) The proposed development will adversely affect the setting of the adjoining Category B Listed Building.
Comment: See Assessment. 5) The proposed development will result in the loss in a number of car parking spaces within the town centre.
Comment: See Assessment.
6) The proposed development will result in an over provision of eating facilities within the town centre of Ounoon to the detriment of established premises.
Comment: Planning does not seek to and should not be used to stifle competition and this is not considered to be a relevant planning consideration in this instance.
7) There is concern that construction traffic may cause structural damage to adjoining properties.
Comment This would constitute a legal matter between the affected party and contractor and does not impinge upon the planning assessment.
(F ) ASSESSMENT
DeveloDmmt Reauirina Express Plannina Permission.
- Erection of large three storey publrestaurant (Sui Generis). The building incorporates a conical tower on its southern elevation and is to be finished in a mixture of stone and roughcast render with a natural date roof. The site lies between the current car park between AIexandra Parade and the former Harmony Hotel site.
- Formation of new 61 space car park within the former Harmony Hotel Site, with provision for a replacement 30 space car park for the Council.
- Alterations to existing vehicular access onto Moir Street and Alexandra Parade.
Other Specified Omrations
- Connection to public sewer.
- Connection to and alteration to existing water main.
Amlicants SuDDortina Information
The applicant has advised that the development constitutes an €800,000 investment which will result in the creation of 12 jobs. In relation to the Area Engineers request for a financial contribution the applicants has refused to agree to this in view of the level of financial commitment being undertaken through the proposed development in itself.
Backaround
The car park which forms part of the development site is within the Council’s ownership. As such the Council‘s involvement is twofold, on the one hand as the Planning Authority in determining the application and on the other as a landowner. The development of this site also involves an excambion for the car park which is currently in the Council’s ownership and which is to be transferred to the applicant in exchange for the former Harmony Hotel site where the car park will be re-sitd.
In view of the fact that the Council has a direct interest in the application site and in view of the number of objections received it will be necessary to refer the application to the Secretary of State for final determination.
Given the complex nature of the application and the Council’s dual role as Planning Authorii and landowner in this instance, coupled with the excambion deal and the requirement for referral to the Secretary of State thereafter, there are a number of issues which require to be clarified and resolved. A further report will be placed before Members for consideration upon this matter on receipt of further information from the applicant regarding the issue of parking and examination of all the associated issues.
(G ) RECOMMENDATION
It is recommended that the application be Continued pending the submission of a revised site plan regarding the proposed car park and detailed examination of the planning implications relative to the possible excampion. J+p.L!$!):'..... Head of Develop t amFBuil g Control
Case Officer: Dafydd Jones 01369708604 Senior Planning P. O'Sullivan 01 369-70-8608 Officer:
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985 ".
941
Local Member - Councillor Walsh Date of Validity - 10" November 1998
18" January 1999
Reference Number: 98/01652/OUT Applicants Name: Mr & Mrs Kay Application Type: Outline Application Description: Erection of Dwellinghouse Location: Land Adjacent to Firbank, Innellan. I(A) SUMMARY It is considered that this revised application satisfies the original concerns which were held in regard to the previous application (ref 98/00569/0UT) which was Refused permission. The dwellinghouse now proposed is sited significantly further from the remains of Knockamille Castle a Scheduled Ancient Monument and accords with the provisions of PUL HO 8 and POL BE 1 of the Local Plan. The road measures propose for two passing places, shrub clearance for improved visibility splays together with the provision of a drainage ditch which should improve highway safety and accessibility. It is considered that this allows the development to be viewed as an acceptable "Minor Departure" to the Cowal Local Plan in terms of the provisions of POL HO 12 (8). It is recommended that permission be Granted, subject to conditions.
(B ) POLICY CONSlOERATtONS
The site is situated within Innellan whereby under the provisions of POL HOB of the Cowal Local Plan 1993 the Council will encourage infill, rounding off and redevelopment that is related to the surrounding settlement pattern.
The road serving the site has been identified under PO1 H012 (8)as requiring improvement but which is either impracticable or undesirable.
The Council will under POL BE8 of the Local Plan encourage the retention and enhancement of trees and tree groups within or directly adjacent to built up areas.
The site now proposed lies approximately 65 metres to the south of Knockamitle Castle which is a Scheduled Ancient Monument whereby the Council will only permit those developments which will maintain and enhance their setting under Policy POL BE1 of the Cowal Local Plan 1993. The application site previously refused permission (ref 98/00569/OUT) lay approximately 25 metres from the Scheduled Ancient Monument.
The Strathclyde Structure Plan 1995 under Policy STRAT 2 also indicates that there is a general presumption against development which has an adverse environmental impact on Scheduled Ancient Monuments and other regionally archaeological locations and their settings.
The proposal addresses the previously held concerns regarding the earlier application (ref 98/00569/0Ur) which was refused on 5th August 1998, in terms of the scale of development, Its location relative to the remains of Knockamille Castle and the proposed road safety measures. The development It is considered can now be supported as a "minor departure" to Local Plan Policy. (C ) PLANNING HISTORY
01/94/0119/OUT Outline permission was Granted on 13th September 1994 for the erection of 3 houses on land owned by the Golf Ctub 200 metres to the North of the current application site.
01/94/00145/DET Planning permission was Granted on the 13th September 1994 for the conversion of the former club house to a dwellinghouse.
96/00151/DET Planning permission was Granted on 13th May 1996 for a material amendment to the previous permission for the conversion of the club house to a dwetlinghouse.
97/01188/OUT Outline permission was Granted an 3rd October 1997 for the erection of 3 houses within the same site as previously approved under reference no 07/94/01 19/OUT.
In each of the above instances permission was only granted on the basis that they were conditional upon road safety improvements being undertaken.
98/00569/OUT Outline planning permission was Refused on the 5irn August 1998 for the erection of two houses the siting of which was further north and within close proximity to Knockamille Castle which is a Scheduled Ancient Monument. This application was refused on the basis that that it would adversely affect the setting of Knockamille Castle and that it would give rise to road safety concerns under POL HO 12 (€3).
(D ) CONSULTATIONS
I. West of Scotland Water (Water Supply) : Views awaited.
11. West of Scotland Water (Sewerage) {letter dated 1'' December 1998): No objections.
Ill. Area Engineer (Highways) Defer decision: The site served off Knockamillie Terrace is substandard and unadopted and which cannot be supported until improvements are carried out. The proposals include road improvements local to the proposal and these are to be welcomed as positive steps towards a general road improvement for the upper section of Knockamillie. The problem with the lower section of Knockamillie remains and will only be exacerbated by the increased traffic generated. The required improvements are drainage roadside ditch to deal with surface water; verge- to be made up level with road on both sides at least 1 metre wide; road- passing places at St Ola and above Knockamillie Terrace to be widened to 3.5 metres with edge protection and resurfacing; junctions- sightline improvements at Knockamillie Terrace to give 2.50 x 30 metres splays with gradient and radii improvements at Wyndham Road which should be 5.5 metres wide for the first 15 metres.
Whilst the proposals for local road improvements are welcomed and appropriate to the development there remains a failure to address the substandard condition of Knockamitle Road to sustain increased usage.
IV. West of Scotland Archaeology Services: (letter dated llmDecember 1998) : Advise that given the distance between the site and Knockamillie Castle they no longer consider it appropriate to impose a condition requesting the provision of a watching brief.
V. Historic Scotland (letter dated 4m December 1990) : No objections.
VI. Statutory Plans (memo dated 9' December 1998) : Whilst some improvements to the road have been indicated these do not entirely meet the requirements for an adoptable road and Policy POL H012 (B) still applies. Accordingly, if support were advanced it would be treated as a 'minor departure" to Local Plan Policy and a justification for this departure given.
I:\WORhDBC\UNIAPPS.OmDClTl~~652_WREKAY HOVSE KNOQUMIWE INNELUN POG1.wC 943
(E ) PUBLICITY
The proposal has been advertised under the provisions of Article 18 (Potential Departure - closing date 18”’ December 1998). Six letters of representation were received from Stuart & Bennett Solicitors on behalf of Mr & Mrs Bell, Knockamillie Farm, (letters dated 3‘* and ISm November 1998), Mr & Mrs McGuinoess, Merkland, North Campbell Road, (undated letter received 26” November 1998), Mr Rhodes, Firbank, Knockamillie Terrace, (letter dated .27”’November 1998), Mrs Buena, Mossgiel, Knockamillie Terrace, (letter dated 4’ Oecember 1998), Euan MacDonald, Towerbank, Knockamillie Terrace, (letter dated 17* December 1998), Stewart 81 Bennett on behalf of Knackamiltie Residents Association & Knockamillie Terrace Repairs Fund, (letter dated 17* December 1998) in which the following concerns were raised:
i) There was no reference number upon the application when it was deposited at the post office by the appticants.
Comment : No application reference number was upon the application as at the time of deposition at the post office the application itself had yet to be registered, at which time it would receive a reference number.
ii) The proposal will lead to the felling of a number of trees which had not been specified in the apptication form.
Comment : See Assessment.
iii)The proposal will detract from Knockarnillie Castle
Comment : See Assessment.
iv)The development will affect a cundy which may be of historical interest.
Comment : It is understood that the cundy is of no historical interest. The Regionaf Archivist raised no concerns in this regard.
v) The proposal is contrary to POL HO 8 of the Local Plan.
Comment : See Assessment.
vi) Concern that the scale, design and finish of the development will be out of keeping with the character of the area.
Comment: This application is in Outline form. Matter of scale, design and finish would be considered at the Reserved Matters stage should permission be granted.
vii)The property is shown as not being in accordance with the established building line.
Comment : See Assessment.
viii) The proposed new vehicular access will give rise to road safety concerns particularly in relation to its proximity opposite Knockamillie Farm.
Comment : See Assessment.
ix)The existing private road is in a poor condition and will be worsened by the development.
Comment : See Assessment.
xi) The proposed access will create a road safety hazard on Knockamillie Road.
Comment : See Assessment.
I lWORDIDBC4JNIdPPS %iDCiTl€QId940165Z_WRE MYHOUSE KNOCKAMILLIE INNELM PO52 DOc (F ) ASSESSMENT
Development Reauirina Express Plannina Permission.
Erection of dwellinghouse, no details provided other than an indicative position set back 20 metres from Knockamitlie Road which is a private road.
rn Formation of access onto private road opposite Knockamillie Farm.
rn Provision of two additional passing places on the private road distanced approximately 55 metres apart on either side of the proposed new vehicular access.
Qther SDecified OPerations
I Connection to public water supply.
I Connection to public sewer.
rn Proposed felling of a number of trees and scrub for site clearance and access improvements.
Amticants SurmortinQ Information
The applicant has indicated that the land within close proximity to Knockamille Castle would be offered to the local community to be retained in its undeveloped form (part of previous application).
Material Considerations
It is proposed to erect a dwellinghouse on an undeveloped area of ground situated between Knockamitlie Castle, Knockamillie Road and Terrace. Access to the site is to be taken off Knockamillie Road which is a private road with the indicative position of the house shown some 20 metres into the site within the confines of the former sheep fank. The plot ratio and floor area for the proposed house has been indicated as being 120 square metres.
Members will recall as outlined in Section C above that the previous application (ref 98/00569/0UT) for two houses had been refused. Firstly, the adverse affect the development would have on Knockamillie Castle which is a Scheduled Ancient Monument and the road safety concerns associated with the increased vehicular movement along Knockamillie Road.
The current application site has been materially amended and the proposal is now for only One dwellinghouse. The site is bounded by Knockarnillie Road to the North and West, Knockamillie Terrace to the East and the former Castle to the North. The site slopes from west to east with the southern half covered in scrub woodland and the northern half largely comprising gorse bushes and open ground. The dwellinghouse will be sited within the confines of a former sheep fank.
The new site is now some 65 metres from Knockamillie Castle and lies below it. Given the sloping nature of the topography, the site is sited further from the Castle than the nearest dwellinghouses to the north. Due to the separation distance between the two areas coupled with the reduction in the scale of development from two dwellinghouses to one, it is now considered that the siting of the house in this locale will not adversely affect the setting of Knockarnillie Castle and will not therefore be in conflict with POL BE 1 of the Cowal Local Plan.
It is pertinent to note that this assessment has been reinforced by the Regional Archivist who advised that in view of the distance between the two sites the requirement for a watching brief, as previously requested is no longer applicable. However in order to protect its setting it is considered appropriate to restrict the development between the proposed dwellinghouse and the Castle to establish a buffer zone to define ?he space and setting of the Castle through an appropriately worded condition.
The development of the site constitutes infill development in accordance with the provisions of POL HO 8 of the Cowal Local Plan. With the development of this site it is considered that there exists no further development opportunities on the lower side of Knockamillie Road between the gulf club and Knockamillie Terrace for any development beyond that already approved that would be in accordance with the provisions of POL HO 8 of the Cowal Local Plan.
The development of the site and the provision of the two passing places will result in the felling and clearance of some trees and scrub. As outlined below there would be a road safety gain through the clearing of the trees for improved visibility and passing place provision. Whilst the loss of this scrub woodland is not in itself of great scenic value it is appropriate to impose a condition seeking replacement landscaping and planting in this instance which in time would further assist the ability of the area to readily absorb the impact of development. As such it is considered that the felling of these tress is not in serious conflict with the provisions of POt BE 8 of the Cowal Local Plan
Road Safety
The principle concern with regard to road safety is whether the measures proposed are sufficient to alleviate concerns and allow the proposal to be viewed more favourably. In highways terms, this private road has been identified in the Cowal Local Plan as requiring significant improvements in terms of POL HO 12 (B). The applicant has indicated the provision of two passing places, clearance of scrub and vegetation to allow for improved visibility and the provision of a roadside drainage ditch which would be to the benefit of road users, both to local residents and users of lnnelian Golf Club.
However the Area Roads Manager has specifically advised that these provisions do not address the wider road network concerns that are associated with upgrading this private road. The Area Roads Manager advises that the improvements proposed are to be welcomed in themselves but that the problems with lower Knockamillie Road will remain and will only be exacerbated by the increased traffic generated. From the junction with Wyndham Road it is estimated that this private road currently serves 40 + dwellings together with the golf club, including 7 dwellinghouses which have been built or have permission to be built with access taken from the private road to the west of Knockamillie Terrace.
The works required to improve the road as outlined under Section D above by the Area Roads Manager are substantive and includes improvements to the drainage, verges, additional passing place and resurfacing and improvements to the geometry and radii of the junction of Knockamillie Road and Wyndham Road. This requires a comprehensive upgrading of the road and involves land which lies outwith the applicants control and cannot be conditioned as this would be ultra vires and would require the submission of a new planning application.
Concerns had been expressed in correspondence regarding the individual measures as to the position of the new access and its geometry. However, the Area Engineer has advised that the access is considered safe in its own respect and does not represent a road safety hazard.
The previous application (ref 98/00569/0UT)proposed three passing places for two proposed dwellinghouses. The current application for one dwellinghouse include the provision of two passing places, drainage provision shrub clearance for improved visibility splays along Knockamillie Road and for the junction between it and Knockamillie Terrace. The level of works proposed is significant that is within the applicants control and is considered jn the context of this section of road between Knockamillie Terrace and the Castle to represent a significant and proportionate response in terms of the scale of development proposed.
I \WORD\D'dCIUNIAPPS 9B\DCiT1~01652_WABKAY HOUSE KNOCKAMlLLlE INNEUN PO52 Doc Just if i cat i 0n fur " M inor de Da rt u re"
It is considered by my department that the opporlunity to enable significant road improvements should be taken and the proposed dwelling will act as a catalyst for such necessary improvements. The scale and measures of development proposed are sufficient within this context to allow the proposal to be supported as the development in itself will not give rise to any road safety concerns and will result in measured improvement along Knockamillie Road and which allows the proposal to be viewed as an acceptable "minor departure" to the provisions of POL H012 (B) of the Local Plan. These measures must be implemented prior to any works commencing upon the development of the site itself and would be the subject of a suspensive condition to safeguard this.
The lower section of Knockamille Road is not controlled by the applicant and the Area Engineer (highways) is seeking improvements of the same in accordance with local Plan Policy. Such improvements in relation to this current application would be both onerous and out of scale to the development proposed. It is considered that improvements to the upper section of Knockamille Road and the opportunity this affords should not be lost. In the event that planning permission for the development were to be refused the provision of two passing places and visibility improvements at the junction of Knockamille Terrace and Knockamille Road would be removed.
1. Locational/Operational Need
No claim of locationalloperational need has been made by the applicant.
II. Economic Benefit
It is not considered that there is any significant economic benefit associated with the proposal.
111. Environmental Impact
It is considered that the development of this area is well related to the existing settlement pattern of the immediate area and will not adversely affect the landscape setting of the area nor impinge upon the character of the area. Due to topography of the area and existing features, a dwelling would be neatly positioned and be significantly less pronounced than the site the subject of the previous application which was somewhat exposed and divorced from the settlement pattern of the area.
IV. Effect on Conservation of Natural and Heritage Resources
The relocated site for the proposed dwelling will not adversely affect from the character and setting of the Scheduled Ancient Monument
V. Sterilisation of Natural Resources
None.
VI. Alternative Policies and Proposals Contained in the Local Plan
None.
(G ) CONCLUSION
It is considered that the amended proposal satisfies the original concerns which were held in regard to the previous application (ref 98/00569/OUT). The current proposal for one dwellinghouse which is sited further from the Scheduled Ancient Monument and accords with the provisions of POL HO 8 and POL BE 1 of the Local Plan. The road measures proposed are considered to constitute a
I \WORO\DBQUNIAPPS sa\mir-ola5z_wns KPY HOUSE KNOCWILLIE INNEW ms2 DCC proportionate response relative to the scale of development proposed and will not give rise to any road safety concerns and which will result in 8 measured improvement along Knockamillie Road which wilt allow the proposal to be viewed as an acceptable "minor departure" in terms of the provisions of POL HO 12 (B)of the COWA Local Plan.
Should Members be minded to support the application as a "minor departure" to the Local Plan then it ''remains at the discretion of the authority" (PAN 41) whether or not to convene a local public hearing. In view of the fact that the development only constituies a 'Minor" rather than a "Major Departure" from Local Plan Policy such a hearing may not appear justified. The matter does not require tc be referred to the Strategic Committee.
(H ) RECOMMENDATION
It is recommended that that planning permission be Granted subject to the following conditions and reasons. $'d# $'d# dfwf, Head of Development aniilding Control
"In reaching my assessment on this appkation, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Acf 1985':
Case Officer: D. Jones 01 369-70-8604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer:
I \WORO\DEC\UNIAPPS 98\DCiT?60349?01&52_WRB KAY HOUSE KNOCKAMILLE INNEW WSI WC CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01652/OUT
CONDITIONS
1-3 Standard Outline.
4. A landscaping scheme shall be submitted for the prior written approval of the Planning Authority prior to the commencement of any works . This scheme shall include the location, age and species which shall be indigenous. The landscaping scheme, as may be approved, shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting and seeding season following the Commencement of the development and thereafter shall be maintained to the satisfaction of the Planning Authority for a period of ten years. Any losses of ptant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.
5 The proposed two vehicular passing places, tree and shrub clearance, roadside ditch drainage measures as detailed in drawing 806/2A shall be fully implemented to the satisfaction of the Council as Planning Authority in consultation with the Area Engineer prior to the commencement of any works upon the dwellinghouse hereby approved.
6. Notwithstanding the provisions of Article 3 and Classes 1 and 3 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no development shall take place between the external wall of the proposed dwelling and the northern boundary of the site within the curtilage of the dwelling without the prior written consent of the Planning Authority.
7. Any details pursuant to Condition 1 (a) above shall show a house of local traditional design and finish and shall incorporate the following elements:-
(i) The window openings shall have a strong vertical emphasis.
(ii) The wails shall be finished in a white wet dash render / smooth coursed cement render / natural stone.
(iii) The roof shall be symmetrically pitched to at least 37 degrees and shall be finished in natural slate or a good quality slate substitute.
(iv) The building shall be of a general rectangular shape and gable ended.
(v) Traditional "peaked" roof dormers and porches shall be encouraged.
(iv) The dwelling shall be sited a minimum distance of 35 metres from the northern boundary of the application site.
REASONS
1-3. Standard Outline.
4. In the interests of visual amenity and to help integrate the proposal into its .surrounding landscapeltownscape setting.
5. In the interests of road safety.
6. In the interests of visual amenity, and in particular to protect the setting of Knockamillie Castle a Scheduled Ancient Monument from unsympathetic siting and design of developments normally carried out without planning permission, these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 and having regard to the provisions of POL BE 1 of the Cowal Local Plan 1993,
7. In the interests of visual amenity and to refledretain the vernacular building traditions of the area.
I \WORD\DBC\UNIAPPS.OC~Tl~~l652-WRBKAY HOUSE KNOCKAMILLIE INNELM POSZWC i
:I .. 1 .. Local Member - Councillor Rees .. I.$.:- ..- . . ., . C -:Date of Validity - 5" November 1998 ..-.J.,L,~ ., 7 -. .,/ I..*.
gfhDecember 1998
Reference Number: 98/01615/0UT Applicants Name: Sheila White Application Type: Outline Application Description: Erection of House Location: Land North East of Lagganbuie, Kilmun.
The development of this prominent and elevated site, particularly when viewed from across the Holy Loch will visually dominate and overwhelm the dwellinghouse immediately to the front of it and adversely affect the landscape setting of this Local Scenic Area to its detriment contrary to the provisions of POL RUR 1 of the Local Plan. The granting of permission for this development would establish a precedent for two tier development that fails to accord with the established single tier linear settlement pattern of Kilmun and is in conflict with the provisions of POL HO 8 of the Local Plan. Furthermore the felling of a number of trees within this localised area of woodland which serves to act as an attractive backdrop to the site is contrary to the provisions of POL BE 8.
The proposal is contrary to the policies contained within the Cowal Local Plan.
(B ) POLICY CONSIDERATIONS
The site is sjtuated within a Local Scenic Area as defined under POL RUR 1 of the Cowal Local Plan and as such requires to be assessed in terms of its landscape impact, locationalloperational need, economic benefit and infrastructure and servicing implications.
The site is situated on the northern periphery of Kitmun and in this regard the proposal requires to be assessed against the provisions of POL HO 8 of the Cowal Local Plan whereby the Council will encourage fill rounding off and redevelopment related to the existing built form.
Under POL BE 8 of the Cowal Local Plan, the Council will encourage the retention and enhancement of existing tree groups and belts of trees within or directly adjacent to built up areas.
(C ) SITE HISTORY
ref 731/77 Planning permission was granted on the 26' October 1998 for a dwellinghouse 50 metres to the east of the current application site which occupies a prominent and eievated location.
01-94-04930utline planning was originally sought for three houses to the south east of the current application site. Permission was subsequently granted for two of the houses on the 22"d June 1995. The third house was deleted due to the likely adverse environmental impact it would have had on the Local Scenic Area and by virtue of introducing two tier developmen t .
(D ) CONSULTATIONS
I. Area Engineer (Highways) (memo dated 24m November 1998) : No objections subject to conditions. II. West of Scotland Water (Sewerage) (letter dated 231d November 1998) : No objections.
Ill. West of Scotland Water : No representations have been received.
IV. Scottish Natural Heritage (letter dated 27m November 1998) : No objections.
(E) PUBLICITY
The proposal has been advertised under the provisions of Article 18 (closing date 11"' December 1998). No representations have been received to date.
(F ) ASSESSMENT
Development Requirinq Exmess Plannina Permission.
H Erection of dwellinghouse (no details provided) on elevated woodland ground.
Formation of a new vehicular access onto the public road.
Formation of driveway to dwellinghouse from proposed access.
H Demolition of cottage to allow for formation of access.
Other Specified Operations
I Connection to public sewer.
H Connection to public water supply.
Material Considerations
The site is situated within a Local Scenic Area and as such the proposal requires to be assessed in terms of POL RUR 1 of the Cowal Local Plan.
I. Locationat/Operational Need
No claim of locational or operational need has been made by the applicant.
II. Economic Benefit
There is unlikely to be any significant economic benefit associated with the development should it proceed.
Ill. Environmental impact
The proposal entails an outline application for the erection of a dwellinghouse within an elevated area of woodland to the rear of the applicants flatted dwellinghouse. The site occupies an elevated location above Shore Road, Kilmun which is visually prominent particularly to long distance views
The erection of a dwellinghouse and the formation of the access, parking and turning area within this location will result in the demolition of an existing cottage and will also require the felling of a number of mature trees within an established woodland setting. This woodland serves to define the urban fringe of the settlement of Kilmun and acts as an attractk&ackdrop which contributes to the wider landscape setting of this Local Scenic Area.
There exists a fragile relationship between the built up area of Kilmun and the surrounding countryside. Although the site is not prominent from along Shore Road due to the presence of existing trees and buildings the site is clearly visible to long distance views from across the Holy Loch and will be visually prominent.
The principle characteristic of Kilrnun is its predominantly single tier linear settlement pattern that has evolved along the coast between Ardbeg House and Strone. This built up area is clearly established and bounded by a well defined woodland edge which also defines the natural edge of the existing development pattern. This elevated wooded hillside along its eastern boundary is almost whotly free of any development or encroachment.
The application site sits at a higher level than the dwellinghouse located immediately in front on Shore Road. This will result in the proposed dwellinghouse being visually divorced from the existing sea level linear settlement pattern and also in visual disruption to the undeveloped wooded backcloth to the settlement of Kilmun.
The provision of the new vehicular access between the existing houses will in itsetf be largely screened by them and as such will not adversely affect the landscape setting of the Local Scenic Area.
The development of this elevated and prominent site, particularly to long distance views from across the Holy Loch, will have and adverse environmental impact on the Local Scenic Area contrary to the provisions of POL RUR 1 of the Cowal Local Plan.
IV. Servicing and Infrastructure Constraints
There are no infrastructure or servicing constraints associated with the development of the site.
V. Effect on Conservation of Natural and Heritage Resources
The issues relating to the actual felling of the trees will be addressed below relative to policy POL BE 8 of the Locaf Plan.
VI. Sterilisation of Natural Resources
As outlined above the concerns regarding the felling of the trees will be addressed below relative to POL BE 8.
VII. Alternative Policies and Proposals Contained in the Local Plan
POLICY H08
The site is situated on the northern periphery of Kilmun and in this regard the proposal requires to be assessed against the provisions of POL HO 8 of the Cowal Local Plan whereby the Council will encourage fill rounding off and redevelopment related to the existing built form.
As outlined above under section F (iii) above the predominant characteristic of Kilmun is its single tier linear settlement pattern along the coast. The floor level of the proposed dwellinghouse wili by virtue of its elevated location be roughly in line with the ridge line of the roof of the dwellinghouse below it and as such will serve to overwhelm the affected properly to its detriment. The development of this elevated site wIll result in a two tier deveiopment which does not accord with the established settlement pattern of Kilrnun and as such would be contrary to the provisions of POt HO 8 of the Cowal Local Plan,
Privacy and Amenity ;:' ?,, , .I-. -. i. - ? .. ,-u.p.-.,Ir ::, . .e-- ,
The proposed dwellinghouse will Cottage although due to the difference in ground levels the flooi of the proposed house will be.ai'the same level as the ridge line of Lagganbuie Cottage. Additionally the applicants flatted dwellinghouse is some 17 metres from the site although it is set at a slight angle to it. In both instances it is considered that the imposition of appropriate conditions regarding boundary treatment will satisfactorily address potential privacy and amenity concerns to prevent direct overlooking.
POL BE 8
Under POL BE 8 of the Cowal Local Plan, the Council will encourage the retention and enhancement of existing tree groups and belts of trees within or directly adjacent to built up areas.
In order to allow for the development of the site, this will result in the felling of a number of trees, which it is estimated at between 6-9. These trees form part of an attractive backdrop to the immediately surrounding area of Kilmun and if felled would detract from the its setting and be contrary to the provisions of POL BE 8 of the Local Plan.
(G ) CONCLUSION
In conclusion as outlined above the development of this prominent and elevated site, particularly to long distance views, will dominate and overwhelm the dwellinghouse immediately to the front of it and adversely affect the landscape setting of this Local Scenic Area to its detriment contrary to the provisions of POL RUR 1. The development if granted would establish a precedent for two tier development that would be at variance to the established single tier linear settlement pattern of Kilmun and contrary to the provisions of POL HO 8 of the Local Plan. Furthermore the felling of these trees to allow for this development within this localised area would be at variance to POL BE 8.
(H ) RECOMMENDATION
It is recommended that planning permission be refused for the reasons detailed on the following page.
Head of Development and Building Control
"In reaching my assessment on this application, 1 have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".
Case Officer: D. Jones 01369-70-8604 Senior Planning P.O'Sullivan 01369-70-8608 Officer: GROUNDS OF REFUSAL RELATIVE TO APPLICATION 98/01615/OUT . ,, l
1, The proposal will result in an incongruous and dominant two tier development which will result in the proposed dwellinghouse being visually divorced from the existing sea level linear settlement pattern and also in a visual disruption to the undeveloped wooded backcloth to the settlement of Kilmun. As such the proposal will adversely affect the landscape setting of this Local Scenic Area, contrary to the provisions of POL RUR 1 of the Local Plan. The proposal has not been sufficiently justified against the criteria outlined under POL RUR which states:
“The Council will seek to maintain and enhance the landscape quality of Areas of Local Landscape Significance. Within these areas the Council will resist prominent or sporadic development which would have an adverse landscape impact. All development will require to be justified and assessed against the following criteria :
i) Environmental Impact
ii) Locational /Operational Need
iii) Economic Benefit (including agricultural) diversification
iv) Infrastructure and Servicing implications”
2.. The proposal by virtue of the necessity to fell a number of trees which form an attractive backdrop to the application site and the adjoining houses within this woodland area of Kilmun is contrary to the provisions of POL BE 8 of the Cowal Local Plan 1993 which states that:
“The Council will encourage the retention and enhancement of existing tree groups and belts of trees within or directly adjacent to built up areas. The Council will normally require that developments and land use changes within its powers of control do not lead to the destruction of trees, woodlands and hedges and in appropriate cases may place Tree Preservation Orders in the interests of conservation”
3. The development of this elevated site will result in two tier development which will be at variance to the existing settlement pattern of Kilmun which is characterised by its predominantly single tier development along the coast between Ardbeg House and Strone contrary to the provisions of POL HO 8 of the Cowal Local Plan 1993 which states that:
“Within the settlements listed below the Council will encourage infill, rounding off and redevelopment related to the existing built form. ..Kilmun ... Regard will be had to the to the principles set out in the Governments Planning Advice Note 36. Proposals which do not relate to the existing built form will be assessed for servicing and environrnentaI implications. Those considered to have an adverse visual or environmental impact will normally be resisted.”
Local Member - Councillor Rees Date of Validity - Sh November 1998
15'" January 2 999
Reference Number: 98;O 16 1 510UT Applicants Name: Sheila White Application Type: Outline - Supplementary Report No 1 Application Description: Erection of Dwellinghouse Location: Land North East of Legganbuie, Kilmun
(A ) INTRODUCTION
Members will recall that the above application was Continued at the Bute 8 Cowal Area Committee on the 5'h January 1999 to allow Members the opportunity to undertake a site familiarisation
Please find enciosed a copy of the amended site plan referred to in Section C of my original report dated gth December 1998 in relation to the current application site. The most recent dwellinghouse, denoted 1 was only recently constructed and is not currently identified on Ordnance Survey maps at present. The dwelling has therefore been sketched on to give an indication of its location and position.
The other dwe!linghouse denoted 2: vvhich occupies a prominent and elevated posttion was granted permission in 1977 and as outlined in Section F of my original report is one of the few dwellinghouses which does not accord with the predominantly single tier settlement pattern that is characteristic of the area.
(E3 ) RECOMMENDATION
It is recommended that my original recommendation of refusal remain unaltered.
"In reaching my assessment on this application, / have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information)Act 1985".
Case Officer: D.Jones 01 369-70-8604 Senior Planning P.O'Sullivan 01 369-70-8608 Officer: Argyll & Bute Council Title: LOCATION PLAN RELEVANT TO Department of Planning, Developinent APPLICATION No.? a /a1 G ITbuT 2% Tourism ' -.7".- K il mory , Loc hg il p he a d Local Member- Councillor R Maclntyre Date of Validity - 23'dJune 1998
261h January 1999 Reference Number: 98/00865/D ET Applicants Name: R Creelman Application Type: Detailed Application Application Description: Erection of dwelling Location : Lochhead, Ormidate, by Glendaruel
SUPPLEMENTARY REPORT 1 SUMMARY
Members will recall that the application was continued at the meeting on 1" December 1998 and 51h January 1999 to allow comment upon the report from Water Tech and whether this constituted a qualified hydrologist report. Upon receipt of an undated response from Public Protection Section a further report will follow.
Head of Develapment and Building Control
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".
Case Officer; L. Jones 0 1369-70-8603 Senior Planning Officer: P.G'Suilivan 01 369-70-8608
Local Member - Councillor McQileen Date of Validity - 2"dDecember, 1998
1 January. I999
Reference Number: 98/01361/L18 Applicants Name: Catherine Barrett Application Type: Listed Building Application Application Description: Retention of flue Location : The Old Church, Shore Road, Tighnabruaich
(A) SUMMARY
The applicanr seeks retrospective Listed Building Consent in respect of the installation of a central heating flue onto the north elevation of the former church at Tighnabruaich The Development is of a minor nature and IS in principle acceptable
(B) POLICY CONSIDERATIONS
Cowal Local Pian (19931
The application site is included in an area covered by Policy BE 1 which seeks to protect and maintain Listed Buifdings and their setting.
The development is of a minor nature and does not conflict with adopted policy.
(C ) SITE HISTORY
Ref. 97:00537/LIB - Alterations to church, approved 30'" June 1997
Ref ' 97!00538/COU - change of use of disused church to dwellinghouse, approved 3'" June 1997.
(D) CONSULTATIONS
No consultations have been carried out.
(E) PUBLICITY
The application has been advertised under Regulation 5 of the Listed Building and Conservation Areas (Scotland) Act, 1997, closing date 8'h January. 1999. One letter of objection has been received. Ms Lushington, The Square, Tighnabruaich. letter dated 24'h December, 1998. There are two principle points of objection :
i) details of the flue should have been included in the original applications for change of use and alterations and should have been considered at that time.
Comment: the method of fume extraction from the central heating or cooking systems was not incorporated in the original application. The approved internal alterations have been carried out and it could be considered unreasonable not to allow some form of fume extraction: ii) the flue is not in keeping with the architectural quality of the Category B Listed Building.
Comment. Planning permission has been Granted for the Change of Use of the church to a dwelling house and significant alterations have been carried out to the interior of the property to turn it into a habitable space. The scheme that has been undertaken to date has ensured the retention and continuing use of this Listed property. The flue as insialled is of a stainless steel construction and it was this element which gave rise to the original concerns It is possible 10 patnt the flue in a manner and colour whereby its impact on the property will be minimal.
(F) ASSESSMENT
DeveloDment Recwirinq Listed Buildina Consent
- the retention of central heating flue
ApDiicants Supportincl Information
The applicant has confirmed that it is possible to paint the flue in an appropriate colour thereby mitigating its impact on the architectural quality of the building
Material ConsidErations
The Old Church in Tiyhnabruaich has recently been converted into a private dwelling under planning permissions Granred in 1997. As part of the internal fitting out of the new dwelling it transpired that an external flue was required to draw fumes from the central heating/cooking system installed. The new kitchen is IocaLed in the middle of the property and the only external wall is the north facing elevation. The internal alterations to the property are complete. The central heating system requires some form of extraction flue and the location chosen provides the shortest route. It would have been preferable for any flue to have been sited on the rear elevation, however, the internal arrangements are such that this would necessitate an extensive internal venting system.
The flue installed is constructed from stainless steel and has a diameter of 0.225m. The department would concur with the objector that in its present stainless steel form the flue is unsympathetic and intrusive to the character of this Listed Building. The internal alterations are complete and to demand an internal ducting system now would cause considerable disruption. The flue as installed clears the eaves by 1 metre, and it is this section of the flue that causes the greatest detraction. An alternative route for fume extraction would be through the roof; unfortunately this does not offer an improved solution. The applicant has Indicated that it B possible to 'paint-out' the flue with a suitably coloured heat resistant paint and is prepared to undertake the same.
It is a matter of fact that the property is no ionger in ecclesiastical use and that it is now a private residency. The conversion of the church has (notwithstanding the subject development) been undertaken with the minimum of alteration to its external appearance. The introduction of the flue however is not onto the principle elevation although in its present form it is still unacceptable. The department is satisfied however that the impact of the flue can be reduced by applying a suitably coloured permanent finish, as agreed with the applicant. The application of a suitable COlOUr wi!l mitigate the impact of the flue on the building. ~...... -...
(G) CONCLUSION
The principle consideration of the development is whether the flue it has a significant adverse impact on the Listed Building. The development is Small scale and its impact can be mitigated through the application of an appropriate colour.
(H) AECOMMENDATiON
It is recommended that Listed Building Consent is Granted subject to clearance from the Secretary of State and to the conditions and reasons overleaf. $:!# $:!# 5:'y- Head of Development and Building Control
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 7985".
Case Officer: Steven Carneron 01436 658887 Senior Planning Phi1 O'Sullivan 01369708608 Officer: CONDITIONS AND REASONS RELATIVE TO APPLICATION 98/01361/LIB
CONDITIONS
1. Within 28 days of the date of this permission, details shall be submitted for the prior written approval of the planning authority, including a colour sample, of the heat resistant paint to be used on the external flue. Upon such written agreement the flue shall be painted in the approved colour within a period of 28 days from the date of written agreement.
REASONS
1. The flue in its present stainless steel form detracts from the Character of this Listed Building. Appropriately coloured heat resistant paint applied to the flue wilt mitigate the impact of the flue on the integrity of the Listed Building. As the flue is already in situ the heat resistant painting should be carried out timeously. ,
Local Member - Councillor R Maclntyre Date of Validity - 17th December 1998 14th January I999
Reference Number: 98/01354/DET Applicants Name: Trustees of Mount Stuart Trust Application Type: Detailed Planning Application Application Description: External alterations, erection of extension, installation of septic tank and change of use of boathouse to dwelling Location: Bathouse, Ascog Point, Ascog, Isle of Bute
(A) SUMMARY
The proposal involves the conversion of a currently disused Category C(S) listed boathouse to form a single dwelling. The principal external alterations comprise the erection of an extension to the property together with re-roofing and repair works to the fabric of the building. The installation of a septic tank is proposed to serve the property, The change of use and the extension to the property is accepfable in principle but it is recommended that the application be Continued pending the receipt of amended plans which address outstanding issues of the design of the proposed extension and the receipt of consultation responses.
The application is also the subject of an associated Listed Building application (reference 98/01355/116).
1
(B ) POLICY CONSIDERATIONS
Bute Local Plan 1990
Policy BE1 ‘Listed Buildings and Archaeological Sites‘ of the Local Plan applies which states that the Council will ‘.._normallyonly permit those alterations to statutory lisfed buildings which maintain and/or enhance their special architectural qualifies’.
As the site is within Rothesay Outstanding Conservation Area Policy BE 6 ‘Rothesay Conservation Area’ of the plan applies which states that one of the Council’s prime objectives in the area will be ‘..To prevent any deterioration in the character and setting of the designated area through UnSympafhetiC new development... . ’
Subsequent to minor amendments being made to the submitted plans, it is considered that the application in its current form is in conformance with Local Plan policy.
(C ) SITE HISTORY
There is no site history of relevance to the application.
(D ) CONSULTATIONS
No consultation responses have been received tc date. Members attention Is drawn to the consultation responses received in respect of the associated Listed Building application (reference 98/01355/LIB)
(E) PUBLICITY
The application has been advertised as a Potential Departure to the Local Plan and development within a Conservation Area. The period for making representations expires on 22nd January 1999. To date no representations to the application have been received.
(F ) ASSESSMENT
DeveloDment Reauirinq Exaress Plannina Permission
- Change of Use from disused boathouse to dwelling.
I:\WORD\DBC\UNIAPPS 98\DC\T1300-399\01354~WR~BOATHOUSE,ASCOG. COU TO DWELLING.DOC - Erection of extension.
- Installation of septic tank.
- lnstaflation of velux rooflights.
- Re-roofing of property in slate.
Other Soecified ODerations
- Formation of connection to public main.
Material Considerations
Environmental impact
The property is set in fairly extensive grounds and !he nearest adjoining occupier is Ascog Church, located approximately 20 metres away from the building. Subject to there being no fundamental problems with accessing and servicing the property, the principle of a residential use in the location is considered to be acceptable.
Effect on Conservation of Natural and Heritage Resources
The development proposal involves the reuse of a currently disused boathouse. The category C(S) Listed Building is a single storey stone built property which is relatively simple in its design with few window and door openings. The principal alteration proposed is the erection of an extension to the property. This extension is of a limited size, approximately 24 square metres, and the external materials to be used are indicated as matching those of the original building. It is considered that the design of the openings on the extension are of a size and scale which are appropriate and subordinate to the character of the original building.
The outstanding issue relates to external steelwork which is proposed above the new window openings in the proposed extension to the property. It is considered that the use of external steelwork is inappropriate in a property of this character and amended plans have been requested which show the use of a more traditional stone lintel.
(G ) CONCLUSION
It is considered that the reuse of the property is to be welcomed and that the change of use and alterations proposed, excepting the external steelwork proposed, are in principle acceptable.
(H ) RECOMMENDATION
This department recommends that the application is Continued pending the submission of amended plans which address outstanding concerns in relation to the design of the extension to the property and upon the receipt of consultation responses. asl,.JJpur* Head of Development d%mkhg ntrol
Case Officer: L. Jones 01 369-70-8603 Senior Planning Officer: P.O’Sullivan 01369-70-8608
“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985”.
I :\WORD\DBC\UNIAPPS .98\DCIT 1 3oO-399\01 354-WR-BOATHOUSE. ASCOG, COU TO DWELLING.DOC Argyll & Bute Council Title: LOCATION PLAN RELEVANT TO Development and Environment Services APPLICATION No. ~3,43354/OST K iI mory , Loc hg iI p h ead Argyll PA31 8RT t
Local Member - Councillor R Maclntyre Date of Validity - 16* September 1998 14Ih January 1999
Reference Number: 98/01355/U B Applicants Name: Trustees of Mount Stuart Trust Application Type: Listed Building Application Application Description: Internal and External alterations, erection of extension and change of use of boathouse to dwelling Location: Boathouse, Ascog Point, Ascog, Isle of Bute I(A) SUMMARY The proposal involves the conversion of a currently disused Category C(S) Listed boathouse to form a single dwelling. The principal external alterations proposed comprise the erection of an extension to the property together with the re-roofing and repair works to the fabric of the building. It is considered that the change of use and the extension to the property is acceptable in principle but that the application be Continued pending the receipt of amended plans which address outstanding issues in relation to the design of the proposed extension.
This application is also the subject of an associated detailed planning application (reference 98/01354/DET)
POLICY CONSf DERATIONS Bute Local Plan 1990
Policy BE1 ‘Listed Buildings and Archaeological Sites’ of the Local Plan applies which states that the
Council will ‘. ., normally only permif those akrations to statufory listed buildings which mainfain and/or enhance their special architectural qualities’.
Subsequent to minor amendments being made to the submitted plans, it is considered that the application in its current form is in conformance with Local Plan Policy.
SITE HISTORY
There is no site history of relevance to the application.
CONSULTATIONS
The Architectural Heritage Society (letter dated 26” October 1998) express concern in relation to the application for the following reasons:
” 1. Lack of adequate information on existing materials such as roofing material, wdl construction, rainwater goods.
2. We object to the proposal to use concrete roof tiles and pvc rainwater goods on a listed building. As stated in 1. above it is unclear what is the existing roofing material. We would expect such a listed building as fhis to be roofed in slate and we would expect the roof to be repaired using natural slate to match existing and would oppose the use of any other material. In addition, we oppose the use of any other material than cast-iron.
3. It is also unclear what is the construction externally. If the existing material is rubble masonry than we expect it fabe repaired with mortar to match existing which will likely be lime mortar.
4. The specification calls for the walls to be ]et-washed‘ with a//joints being raked out and repointed. No indicafion is given of the condition of mortar joints. If the (presumably) lime mortar is in good condition it should be left alone. Only is the mortar is in poor condition should it be repointed and then onty in mortar to match the original.
5. The external wall and roof finishes of the extension should match the existing.
6. We would like to question the proposed use of an injected silicone d.p.c. as this could be ineffective and cause problems. nr
The Scoff ish Civic Trust (letter dated lgrnNovember 1998) : Object to the application for the following reasons:
"The removal of the original entranceway and doors due to the proposed extension is unacceptable as the character and meaning of the listed boathouse will be irrevocably altered. The dwelling should be contained within the existing fabric, however consideration could be given to fhe attachment of an elegant glazed extension tucked just under the gable of the North- West elevation to retain most of the existing fabric and features.
The specification of synthetic materials is inappropriate for use on the boathouse as it is situated in a pmminent and sensitive location aqoining the listed Ascog Church. The use of natural materials should be encouraged, such as natural slate and cast-iron rainwater goods."
It should be noted that the above consultation responses were received in relation to the oriainal drawinas which were submitted, these drawings have now been altered following concerns raised by this department.
(E) PUBLICITY The application has been advertised as a Potential Departure to the Local Plan and in accordance with Listed Building Procedures. The period for making representations expired on Sth November 1998. One letter of objection to the application has been received, from Ascog Church (dated 25/th October 1998), the contents of which are summarised below :
1. The excavation work in relation to the foundations and services for the house could cause damage to church property by loosening the banking and causing disruptive tremors in the rock on which the rock stands. It is essential therefore that a survey of the church property be carried out by the applicants at their expense before work commences to justify any claims for damage which the church may require to make.
Comment: The church itself is situated approximately 20 metres from the boathouse and the extension works proposed are not of a significant scale. As such, it is not considered that there is likely to be an effect on the adjacent church property. However the planning system has no jurisdiction in this respect. Any damage to a property caused by works in an adjacent property would require legal redress,
2. The access road outlined in red seives an access to the Church and stone pier and public weigh- bridge.
Comment: This is noted. The access road is not a registered right of way.
\\ABCNT330l\P~NNING\WOA[nDBC~UNIIIPPS9R,DC7T 13M)~35¶01355_WR-BOATHOUSE. *sQxi. CW TO W/EUING.DOC ASSESSMENT
Develomnent Reauirincl Listed Buildina Consent
- Erection of extension to property.
- Installation of velux rooflights.
- Re-roofing of property in slate.
- Repair works to fabric of building.
Material Considerations
Effect on Conservation of Natural and Heritage Resources
The development proposal involves the reuse of a currently disused boathouse. The category C(S) Listed Building is a single storey stone built property which is relatively simple in its design with few window and door openings. The principal alteration proposed in connection with the application is the erection of an extension to the property. This extension is of a limited size, approximately 24 square metres, and the external materials to be used are indicated as matching those of the original building. It is considered that the design of the openings on the extension are of a size and scale which are appropriate and subordinate to the character of the original building.
The outstanding issue is in respect of external steelwork which is proposed above the new window openings in the proposed extension to the property. It is considered that the use of external steelwork is inappropriate in a property of this character and amended plans have been requested which show the use of a more traditional stone lintel.
CONCLUSION
It is considered that the reuse of the property is to be welcomed and that the change of use and alterations proposed, excepting the external steelwork proposed, are in principle acceptable.
RECOMMENDATION
This department recommends that the application is Continued pending the submission of amended plans which address outstanding concerns in relation to the design of the extension to the property. $44r?:'...., Head of Development a d Building Control
Case Officer: L. Jones 01 369-70-8603 Senior Pfanning Officer: P.O'Sullivan 01 369-70-8608
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985".
\~ABCNT33O~\PUWNING\WOR~~OEC~UNl~~S9flDC\i13003~01355_WR_BOATHOUSE. ASCOG. COU TO OWELLING Dot I
Argyll & Bute Council Development and Env iron me nt Services Kilmory, Lochgilphead Argyll PA31 8RT Local Member - Councillor F Gillies Date of Validity - 9* December 1998 14hJanuary 1999
Reference Number: 98/01 732/DET Applicants Name: Rothesay and District Pipe Band Application Type: Detailed Planning Application Application Description: Erection of pipe band practice hall Location: King George V Recreation Ground, High Street, Rothesay (A) SUMMARY I The proposal entails the erection of a single storey building on behalf of the Rothesay and District Pipe Band for use as a pipe band practice halt. The building is proposed to be located at the north-western corner of the King George V recreation ground. The erection of such a building is, in principle, acceptable in this location however, the applicant has been asked to provide further details in relation to the tree felling required to accommodate the building and to amend the proposed design of the building. It is recommended that the application is Continued pending the receipt of consultation responses, the receipt of amended plans and clarification from the applicant in relation to the tree felling proposed.
(6 ) POLICY CONSIDERATIONS
Bute Local Plan 1990
There are no policies of relevance to the current application.
(C ) SITE HISTORY
There is no history of relevance to this site although planning permission (reference 98/00570/NID) was recently granted for the erection of the sports stand to the east of the application site.
(D ) CONSULTATIONS
Director of Public Protection (memo dated 23d December 1998) : No objection.
West of Scotland Water (Sewerage) (letter dated 29Ih December 1998): At the time of writing did not have all the information required to make a full assessment of the implications of the proposal.
West of Scotland Water (letter dated 6Ih January 1998): No objection.
(E) PUBLICITY
The application has been advertised in accordance with "bad neighbour" procedures. The period for making representations expired on 8" January 1999, to date no representations in connection with the application have been received.
I-\WORD\DEQUNIAPPS.9TI foa~,Ol~Z~Wfl~KWGGE- V RECR€ATW GROWD. ROMEMY.PIPE BAN0 PRACTICE HALL.CCC (F) ASSESSMENT
Development Reauirina Exmess Plannina Permission.
- Erection of pipe band practice hall.
Other S~ecifiedODerations
- Ccrnnection to public water supply. - Connection to public sewer. - Felling of trees.
Material Considerations
The building proposed is a pipe band practice hall for the Rothesay and District Pipe Band and is shown as being located on a currently grassed area at the north-westem corner of the King George V recreation ground. The proposed building is of one storey construction and is shown as being a brick built with a mcrete tile roof. The proposed design and external materials are fairly basic and are not in this department’s view of a suitable standard of specification for the location immediately adjacent to the playing fields, notwithstanding the fact that there are a mix of building styles in the surrounding area.
The construction of the building appears to require the felling of a number of mature ornamental trees which bound the recreation ground to the west and clarification of this has been requested from the applicant.
There are a mixture of uses surrounding the site and the nearest residential property is distanced from the site. As such, it is not considered the proposed use will have a detrimental effect on surrounding residential occupiers.
(G ) CONCLUSION
The erection of a single storey building to accommodate the pipe band practice hail is in principle acceptable but clarification in relation to the tree felling proposed is required, together with amended elevation plans which show an external finish and use of materials which are of a higher specification and more appropriate for this location.
(H ) RECOMMENDATION
This department recommends that the application is Continued pending the receipt of consultation responses, amended elevation plans and further details in relation to tree felling proposed in order to accommodate the buifding.
Head of Development and
Case Officer: L. Jones 01369-70-8603 Senior Planning Officer: P.0’Sullivan 01 369-70-8608
“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985“. \ ,--' .i-
Ths I I I Argyll & Bute Council Development and Title: LOCATION PLAN RELEVANT TO Environment Services APPLICATION NO.~S/~J~~Z/ET Kilmory, Lochgilphead -_ Argyll PA31 8RT
Local Member - Councillor R Maclntyre Date of Validity - 12" January 1999 14m January 1999
Reference Number: S/WO47/NlD Applicants Name: Argyll and Bute Council Application Type: Notice of Intent to Develop Application Application Description: Erection of wall Location: 28-32 Marine Place and 1-5 Pointhouse Crescent, Ardbeg, Rothesay
I(A) SUMMARY
The erection of a wali along a distance of approximately 100 metres is proposed adjacent to the foreshore at Marine Place and Pointhouse Crescent at Ardbeg. The wall is required in connection with flood prevention works and it is considered that the proposal is acceptable. It is, therefore, recommended, Subiect to no representations or adverse consultation responses being made prior to the expiry of the period for making representations on 5" February 1999, that planning permission be Granted subject to conditions and subject to the application being remitted to the Chairman, Vice- Chairwoman and Local Member.
POLICY CONSIDERATIONS
Bute Local Plan 1990
As the site is within Rothesay Outstanding Conservation Area policy BE6 'Rothesay Conservation Area' of the plan applies which states that one of the Council's prime objectives in the area will be '.,To prevent any deterioration in the character and setting of the designafed area through unsympathetic
new development....I
It is considered that the proposal is in conformance with Local Plan Policy.
SITE HISTORY
Planning permission was recently Granted on 26" May 1998 (reference 98/00451/DET) for the formation of a revetment on the foreshore immediately adjacent to the application site.
CONSU LTATlO N S
As the application has only been recently received, no consultation responses have been received.
PUBLICITY
The application is to be advertised as development in the Conservation Area and in accordance with Council Notice of Intention to Develop Procedures. The period for making representations expires on 5mFebruary 1999.
ASSESSMENT
DeveloDment Reauirinq Express Plannina Permission,
- Erection of wall. CONDITIONS
1. Prior to the commencement of rendering on the parapet wall, a two square metre sample pane( of the proposed render shall be made available at the site for the written approval of the planning authorrty and upon written approval such an approved render shall be used.
REASONS
1. In order to integrate the wall with the surrounding Rothesay Outstanding Conservation Area. ADDlicant's Sumortina Information
The following supporting information has been provided by the Council's Department of Transportation and Property (memo dated 1 lm January 1999):
"This location is subject to flooding in high tide and adverse weather conditions. The parapet wail is intended to form the major part of some flood prevention works.
The construction detail is to use dense concrete blocks with cement mortar rendering both sides and coloured dark grey. The rendering will be a textured ragged finish fo simulate rendered stone work. The cope will be cement mortar 80mm high at centre and be formed at the same time as the rendering is applied. "
Material Considerations
LocatlonaVOperattoneINeed
The applicant has indicated that the wall is required in relation to flood prevention works.
Effect on Conservaticm of Natural and Heritage Resources
The proposed wall is to be approximately 90 crn in height and approximately 100 metres in length. The materials proposed are indicated above as being rendered blockwork with coping over. The majority of the boundary walls on adjoining residential properties are of rendered random rubble or stone construction. It is, however, considered that a rendered blockwork wall is acceptable, although a condition is proposed requiring that a sample of the render is made available for the written approval of this department. The proposed wall is relatively low in height and it is considered that the impact on the Conservation Area will be minimal.
Construction of the wall has partially commenced, however, work on the wall ceased when the Transportation and Property department ascertained that the submission of a Notice of Intent to Develop application was required given the location of the site within the Rothesay Outstanding Conservation Area.
(G ) CONCLUSION
It is considered that the application proposal is acceptable in principle.
(H ) RECOMMENDATION
This department recommends that:
Subject to no representations being received prior to the expiry of the publicity period on 5* February 1999 which raise issues not addressed in this report; and
ii) Subject to no adverse consultation responses; that
iii) Planning permission be Granted subject to the conditions and reasons set out on the following page and subject to the application being remitted to the Chairman, Vice-Chairwoman and Local Member.
Head of
Case Officer: L. Jones 01 369-70-8603 Senior Planning Officer; P.O'Sullivan 01369-70-8608
"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available furpublic inspection in terms of the Local Government (Access to Information) Act 1985 ".
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i ,/
/ s85 APPLICATION I SITE I
I N I Aravll & Bute Council Title: LOCATION PLAN RELEVANT TO Deklapment and Environment Services APPLICATION No.qq/i=wm Kilmory, Lochgilphead Argyll PA31 8RT (Scale. 1 2 500 !Date- , TAU '49 IDrawn Bv: