Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid
Corporate Services Director: Nigel Stewart
22 Hill Street, Dunoon, Argyll, PA23 7AP Tel: 01369 704374 Fax: 01369 705948
8 September 2004
NOTICE OF MEETING
A meeting of the BUTE AND COWAL AREA COMMITTEE will be held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY, ISLE OF BUTE on TUESDAY, 7 SEPTEMBER 2004 at 10:30 AM, which you are requested to attend.
Nigel Stewart Director of Corporate Services
BUSINESS
1. APOLOGIES
2. PRESENTATION ON CITIZENS' ADVICE BUREAUX
3. DECLARATIONS OF INTEREST
4. MINUTES
(a) Minute of Area Commitee of 3rd August 2004 (Pages 1 - 4)
5. OPERATIONAL SERVICES
(a) Implementation of Full Wheeled Bin Service (Pages 5 - 6)
6. CORPORATE SERVICES
(a) Dunoon - Fairtrade Town (Pages 7 - 12)
(b) BT Proposals for Payphones in Bute and Cowal (Pages 13 - 34)
7. DEVELOPMENT SERVICES
(a) Dunoon Burgh Hall Project (Pages 35 - 40)
(b) Planning Application Reference No: 03/01228/DET, Mount Stuart Trust, Deposition of Material to Infill Shore Headland (Retrospective), Shingle Beach, Ettrick Bay, Isle of Bute, continued (Pages 41 - 48)
(c) Planning Application Reference No: 03/02186/DET, R C W Developments (Scotland) Ltd, Erectionof 7 detached dwellinghouses and formation of vehicular access, Former Cowal House Site, 7 Kilbride Road, Dunoon, Argyll (Pages 49 - 66)
(d) Planning Application Reference No: 04/01033/DET, H & H McIntyre, Demolition of garages, erection of a dwellinghouse and formation of parking and turning space; Provision of a passing place on Belmont Lane and reduction of walls on Belmont Lane/William Street, Garden Ground of 12 and 12a Edward Street, Belmont Lane, Dunoon (Pages 67 - 76)
(e) Planning Application Reference No: 04/01034/DET, Mrs Carole McKay, Demolition of garage, erection of a dwellinghouse and formation of parking and turning space; Provision of a passing place on Belmont Land and reduction of walls on Belmont Lane/William Street, Garden ground to rear of 14 Edward Street, Belmont Lane, Dunoon (Pages 77 - 86)
(f) Planning Application Reference No: 02/00033/OUT, Mrs M Kohls, Erection of 4 Houses and istallation of septic tank, Ground North East of Ashgrove, Wyndham Road, Innellan, Dunoon (Pages 87 - 100)
(g) Planning Application Reference No: 04/00404/OUT, Mr Eric Hopkins, Erection of 3 dwellinghouses and formation of new vehicular access, Land adjacent to Ashgrove, Wyndham Road, Innellan, Argyll (Pages 101 - 116)
(h) Planning Application Reference No: 04/01195/DET, Mr A W Waugh, Alterations & extensions (amendment to permission 03/01645/DET incorporating increased ridge height and additional porch, rooflight and upper floor deck), 1 Clachan, Back Road, Tighnabruaich (Pages 117 - 122)
(i) Planning Application Reference No: 04/01353/DET, Retention of Rear Extension, Bellafield Cottage, Bannatyne Main Road, Port Bannatyne, Isle of Bute (Pages 123 - 128)
(j) Delegated Decisions (Pages 129 - 144)
(k) Planning Permission Ref: 04/00470/DET, Formation of Vehicular Access at 173 Victoria Road, Dunoon (Pages 145 - 148)
8. EXEMPT ITEMS
E1 (a) Enforcement Reports Nos: 03/00069/ENFOTH, 04/00026/ENFOTH, 04/00091/ENFHSH, 01/01553/DET (Pages 149 - 166)
E2 (b) Tree Preservation Orders (Pages 167 - 178)
E3 (c) Ardencraig Nursery (Pages 179 - 180)
EXCLUSION OF THE PRESS AND PUBLIC The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.
The appropriate paragraph is:-
E1 – E2 Paragraph 13 Information which, if disclosed to the public, would reveal that the authority proposes-
(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment.
E3 - Paragraph 6 Information relating to the financial or business affairs of any particular person (other than the authority).
BUTE & COWAL AREA COMMITTEE
Councillor Brian Chennell (Chair) Councillor Douglas Currie Councillor Robert Macintyre Councillor Bruce Marshall Councillor Gordon McKinven Councillor James McQueen Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh (Vice-Chair)
Contact: George McKenzie, Area Corporate Services Manager
Page 1 Agenda Item 4a
MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the QUEENS HALL, DUNOON on TUESDAY, 3 AUGUST 2004
Present: Councillor B Chennell (Chair)
Councillor B Marshall Councillor L Scoullar Councillor J McQueen Councillor I Strong Councillor R Macintyre Councillor JR Walsh Councillor G McKinven
Attending: George McKenzie, Area Corporate Services Manager Eilidh Headrick, Area Community Services/Information Officer Alan Lothian, Area Roads & Amenity Manager Jennifer Crawford, Estates Surveyor Gary Wilson, Building Control Manager Neil McKay, Planning Manager John Bone, Senior Building Control Officer John Irvine, Enforcement Officer
1. APOLOGIES
An apology for absence was intimated on behalf of Councillor Currie.
The Chairman welcomed John Bone, Senior Building Control Officer and John Irvine, Enforcement Officer to the meeting
2. PRESENTATION ON CITIZENS' ADVICE BUREAUX
The Chairman apologised on behalf of Ms Lough from the Citizens Advice Bureau and advised the meeting that this item would be continued to the next meeting as she had lost her voice and was unable to make her presentation.
3. DECLARATIONS OF INTEREST
None
4. MINUTES
(a) MINUTE OF AREA COMMITTEE OF 6 JULY 2004
The minute of the Area Committee of 6th July 2004 was approved as a true record.
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5. COMMUNITY SERVICES
(a) OFFICE ACCOMMODATION - DUNOON (SOCIAL WORK)
A report was considered which outlined arrangements for the re-location of Social Work staff in Dunoon because of the poor condition of the old Cowal Resource Centre.
Decision
The Committee noted and approved the proposed re-location arrangements
(Reference; Report by the Director of Community Services – submitted)
6. DEVELOPMENT SERVICES
(a) REPORT ON BUILDING CONTROL PERFORMANCE MONITORING
A report from the Head of Planning detailing Building Control Performance Monitoring and Service Plan progress for 2003/04 was submitted for the committee’s information.
Decision
The Committee:-
(i) noted the contents of the report and the progress on service plan commitments and stakeholder consultations (ii) congratulated the Building Control staff for achieving such high performance figures in this area.
(Reference; Report by Head of Planning dated 14th June 2004 – submitted)
(b) PLANNING APPLICATION REFERENCE NO: 03/01228/DET MOUNT STUART TRUST, DEPOSITION OF MATERIAL TO INFILL SHORE HEADLAND (RETROSPECTIVE), SHINGLE BEACH, ETTRICK BAY, ISLE OF BUTE, CONTINUED
Decision
Continued to the next meeting
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(c) PLANNING APPLICATION REFERENCE NO: ARGYLL & BUTE COUNCIL - HOUSING DEPARTMENT, RETENTION OF CAR PARK, FORMERLY KNOWN AS MILLARLEA, 163-165 EDWARD STREET, DUNOON, ARGYLL
Decision
Approved subject to the conditions contained in the report by the Head of Planning
(d) PLANNING APPLICATION REFERENCE NO: 04/01144/DET, MR JAMES SMITH, RETENTION OF DOUBLE GLAZED UPVC WINDOWS, FLAT 3/1, THIRD FLOOR, 17 BISHOP STREET, ROTHESAY
Decision
The committee unanimously approved the application for the following reasons (i) it was considered to be a minor departure to the Rothesay Window Policy Statement 1995 and the Council’s Design Guide on Replacement Windows. (ii) the building is not a prominent part of the Conservation Area (iii) there has already been changes to the fenestration pattern of the building with different types of windows at different locations (iv) the windows installed do not adversely affect the overall appearance of the building to its detriment.
(e) DELEGATED DECISIONS
The Committee noted delegated Development and Building Control decisions made since their last meeting.
7. EXEMPT ITEMS
(a) ENFORCEMENT ACTION
Enforcement reports were considered and disposed of as follows:- 03/00069/ENFOTH – continued 03/00235/ENFOTH and 03/00263/ENFOTH – no further action
(b) TREE PRESERVATION ORDERS
Tree Preservation Orders 11/04 & 12/04 were approved as recommended
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(c) MOAT COMMUNITY CENTRE, ROTHESAY
The Committee agreed to the terms of the lease as contained in the report.
(d) GARAGES, EAGLESHAM TERRACE, ROTHESAY
The Committee agreed to the recommendation in the report
(e) WEST BAY TOILETS AND WAITING ROOMS
The Committee agreed to accept the offer to lease these premises as detailed in the report.
8. CIVIC GOVERNMENT HEARING, R MCINTYRE, 4A HILL STREET, DUNOON - TAXI DRIVERS LICENCE, THE HEARING WILL TAKE PLACE AT 1.00PM
Allan Goodall, Senior Solicitor and Inspector Kerr, Strathclyde Police joined the meeting for the Hearing.
The applicant failed to appear and having allowed a period of 20 minutes from the time fixed for the hearing the committee agreed to proceed with the hearing in his absence.
The Area Corporate Services Manager outlined the application and drew the members attention to the details on the application form submitted by the applicant.
Inspector Kerr then spoke to the Chief Constable’s report on this application outlining the reasons for his objection.
Several members of the committee questioned Inspector Kerr on the information contained in the Chief Constable’s report.
The Committee then unanimously agreed that the application be refused in terms of Section 5(3)(ii) of Schedule I of the Civic Government (Scotland) Act 1982, namely that the applicant is ’not a fit and proper person to be the holder of a licence.’
Page 5 Agenda Item 5a
ARGYLL & BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE
OPERATIONAL SERVICES 7th September 2004
IMPLEMENTATION OF FULL WHEELED BIN SERVICE
1. PURPOSE This report advises the Committee of the forthcoming implementation of full wheeled bin service with effect from week commencing 25th October 2004
2. RECOMMENDATIONS The Committee is asked to note the report
3. DETAIL 3.1 The Council approved the wider introduction of wheeled bins in 2002 but for operational reasons including the Council restructuring this is yet to be implemented. The problems of waste being presented loose or in black bags with dangers to refuse loaders, manual handling risks and littering must be addressed each for the separate and important reasons.
3.2 It is now proposed to commence a full wheeled bin service with collections on week commencing Monday 25th October. This will follow widespread advertising in the press and also leaflet drop (copy attached) to every household advising that only the contents of the wheeled bin shall be uplifted, items loose or in black bags shall not be collected, unless there are particular situations where a wheeled bin cannot be used. The exceptional circumstances of Assisted Collection for elderly and infirm residents will continue.
3.3 The Council undertook to complete the provision of wheeled bins in 2002-03 to all households and refuse collection crews are now paying attention to properties currently not presenting wheeled bins. Checks will be made regarding any reasons why a wheeled bin is not being used and encouragement or assistance given where appropriate.
3.4 The benefits of this operation are to the Council in the provision of a standardised service for all households, the encouragement of recycling and the reduction of plastic bags taken to landfill; to the workforce in safer working due to better handling arrangements, particularly lifting and removal of danger from sharp objects in plastic bags; to the householder by containment of domestic refuse in a solid container preventing access from vermin; and to the environment by lessening the number of plastic bags in landfill, by avoiding burst bags with resultant litter at the roadside and encouragement of recycling.
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3.5 Should households incur excess waste this can be held over until the following week or taken to the nearest Recycling and Civic Amenity Site or by contacting the local Operational Services office where a chargeable special uplift can be arranged.
3.6 A 2 week transition period will be used to introduce the service after which householders not presenting waste in the proper wheeled bin will be served notice regarding any refuse left on the street and charges made for its clearance.
4. SUMMARY
Operational Services shall commence full wheeled bin collection with effect of 25th October 2004. After this date no loose or bagged waste shall be uplifted unless exceptional circumstances prevail.
5. IMPLICATIONS
5.1 Policy – .None
5.2 Financial – Savings should be made in the longer term in collection costs and less litter on streets caused by loose materials and burst bags
5.3 Personnel – Safer and cleaner working conditions for staff
5.4 Equal Opportunities – None
5.5 Legal – None
For further information, please contact Alan Lothian, Area Manager, Roads and Amenity Services Tel 01369 708600
Background papers Strategic Policy Committee Report 18 April 2002 Wider Introduction of Wheeled Bins
2 Page 7 Agenda Item 6a
ARGYLL AND BUTE COUNCIL BUTE AND COWAL AREA COMMITTEE CORPORATE SERVICES 7TH SEPTEMBER 2004 DUNOON – FAIRTRADE TOWN
1. SUMMARY
1.1 Bute and Cowal Area Committee at its meeting in May heard a presentation from representatives of the Justice and Peace Churches Group in Dunoon on the Fairtrade Foundation and Fairtrade products. As a Group they were actively promoting Fairtrade products in Dunoon and were seeking designation of Dunoon as a Fairtrade Town.
1.2 To establish a Fairtrade Town there are five goals which must be realised the one being that the Council has to pass a resolution supporting Fairtrade, and agrees to serve Fairtrade coffee and tea at its meetings in its offices and canteens.
2. RECOMMENDATION
2.1. Bute and Cowal Area Committee recommends that:-
(i) Argyll and Bute Council passes a resolution supporting the aims and objectives of the Fairtrade Foundation. (ii) Welcomes the designation of Dunoon as a Fairtrade town (iii) Agrees to serve Fairtrade coffee and tea in the Kilmory canteen and in offices and at council meetings in the Bute and Cowal Area.
3. BACKGROUND
3.1 At its meeting in May 2004 the members of Bute and Cowal Area Committee unanimously endorsed the concept of Fairtrade and the designation of Dunoon as a Fairtrade Town subject to a further report.
3.2 The Operations Manager of Facility Services has advised that Fairtrade goods coffee/tea can be readily sourced and obtained and said there was no reason why they should not be introduced into the Kilmory Canteen and in the Bute and Cowal area.
3.3 However in view of the narrow profit margins on this part of the catering provision at Kilmory and the slightly higher cost of Fairtrade goods she said that should Council accept the Area committee’s recommendation in future only Fairtrade coffee and Page 8
tea would be provided in the Kilmory Canteen and at central meetings. The higher cost of Fairtrade tea/coffee may also mean a resultant increase in the cost of a cup of coffee or tea, but probably no more than 1p per cup.
3.4 Should Council agreed to pass the resolution, as recommended by Bute and Cowal Area Committee, it will allow towns in the other decentralised areas of Argyll and Bute to seek Fairtrade status without further reference to Council.
4. CONCLUSION
4.1 The designation of a Fairtrade Town requires five goals or benchmarks to be achieved. (See attached Fairtrade leaflet.) A Council resolution supporting Fairtrade and the use of Fairtrade tea/coffee by the Council is one of these necessary benchmarks. Council endorsement of the Fairtrade Foundation’ objectives is an essential part in the designation of Dunoon as a Fairtrade Town.
5. IMPLICATIONS
POLICY A Council resolution on this matter will formally establish the policy, aims and objectives of the Fairtrade Foundation to Argyll and Bute and help in the designation of Dunoon as a Fairtrade Town. However the establishment of such a policy will then allow towns in the other de-centralised areas to pursue similar Fairtrade objectives.
FINANCIAL There will be an increased cost associated with the introduction of Fairtrade tea/coffee into the Kilmory canteen and at Bute and Cowal meetings but possibly limited to around 1p per cup. Additional cost Road Signage indicating Dunoon as a Fairtrade Town.
PERSONNEL None
EQUAL OPPORTUNITY The introduction of this policy will contribute to the Fairtrade Foundation’s aim of tackling poverty by enabling disadvantaged producers from poor countries to receive a better deal, improving their living standards thereby helping their country’s economy.
LEGAL None
Nigel Stewart, Director of Corporate Services 17th August 2004.
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For further information contact George B. McKenzie, Area Corporate Services Manager, Tel: 01369704374. Page 10
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ARGYLL AND BUTE COUNCIL Bute and Cowal Area Committee COMMUNITY SERVICES 7 September 2004
DUNOON BURGH HALL PROJECT
1. SUMMARY
1.1 The purpose of this report is to inform Members about the current position of the Dunoon Burgh Hall Project.
2. RECOMMENDATIONS
2.1 That Members welcome and commend the commitment shown by the Burgh Hall Project Steering Group in developing this project without Council financial support.
2.2 That Members nevertheless reiterate the Council’s commitment to developing the Queen’s Hall as the main focus for arts activity in Dunoon and Cowal as part of their duty in developing the agreed Area Strategy, and note that the potential replication of facilities may jeopardise the future Council bid for external funding for this and the many other community halls and assets.
2.3 That the Committee requests the Council to undertake a study into the capacity and usage of community and village halls.
3.0 DETAIL
3.1 The Dunoon Burgh Hall Project Steering Group was formed in 2002 to explore the possibility of acquiring the hall from Fyne Homes, and converting it into a multi-purpose arts, heritage and entertainment venue. Following a feasibility study into the project, the Group lodged an application for project funding with the Heritage Lottery Fund, and has been recognised by the Inland Revenue as a registered Scottish charity.
3.2 The Group now wishes the Area Committee to endorse the project and lend support in principle. It is not requesting any funding from the Council.
3.3 A Council-commissioned a development study into the Queen’s Hall, Dunoon, reported in September 2003. The outcome has a recommendation that the Queen’s Hall should be relaunched primarily as an artistic venue, stating that:-
• The need was identified for a dedicated arts venue, providing a range of performance, rehearsal and workshop space, which would provide a base for local arts groups and a prime venue for touring groups. • Development of the theatre and artistic markets would potentially have the greatest economic impact on the town.
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3.4 At its meeting in October 2003 the Area Committee agreed that a recommendation be made to the Strategic Policy Committee that the Queen’s Hall redevelopment, as contained in the Consultant’s report, be agreed in principle and taken forward to completion.
3.5 It is the intention of the Council to seek external funding from, among others, the Heritage Lottery Fund and the Scottish Arts Council towards the development of the Queen’s Hall as an arts venue.
3.6 As part of the Council’s Educational capital development programme, a number of village hall management committees are progressing applications for funding from the Council and similar sources. In recognition of this, the Council should now undertake a study into the capacity and use being made of these community assets. To illustrate the extent of the demand, a list of community/village halls in use in Cowal is attached as Appendix 1.
4. CONCLUSION
4.1 While the Council has no objection to the Burgh Hall Project, its main priority must be to protect the interests of the Queen’s Hall development. There is obvious potential for replication of facilities, with a limited market of local users groups and touring groups. External funders are also unlikely to give grants to multiple projects in such close proximity.
5. IMPLICATIONS
Policy: It is Council policy to take forward the redevelopment of the Queen’s Hall as part of the Area Strategy.
Financial: The Council will rely on external funding for the Queen’s Hall project, and it is unlikely that adequate sources will be available to fund all that is applied for.
Personnel: None.
Equal Opportunities: None.
Andy Ewan Culture & Libraries Manager 23 August 2004
For further information contact:- Andy Ewan Telephone No. 01369 703214 Page 37 APPENDIX 1
List of village halls in Cowal area
Ardentinny
Blairmore
Cairndow
Carrick Castle Amenities
Colintraive
Dunoon Argyll Pipe Band
Glenbranter
Glendaruel
Innellan
Kames
Kilfinan
Kilmun
Kyles Community Centre
Lochgoilhead
Millhouse
Sandbank
Strachur
Strathlachlan
Strone
Toward
Uig (Benmore & Rashfield) Page 38
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APPENDIX 2
List of Church Halls in Cowal area
Innellan
Toward
St Johns
Baptist
St Margarets (Kirn)
St Muns
Sandbank
List of Other Halls in Cowal area
Dog Club
Masonic
Scout Halls
Lochgoilhead Scout Centre
Guide Halls
BB Hall
Senior Citizen
Old Mens Club
School Halls
British Legion
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DEVELOPMENT SERVICES Local Member Councillor R Macintyre PLANNING APPLICATION REPORT Date of Validity - 15th August 2003 Bute and Cowal Area Committee Committee Date - 7th September 2004
23rd August 2004
Reference Number: 03/01228/DET Applicants Name: Mount Stuart Trust Application Type: Detailed Application Application Description: Deposition of Material to Infill Shore Headland (Retrospective) Location: Shingle Beach, Ettrick Bay, Isle of Bute
SUPPLEMENTARY REPORT 5
(A) BACKGROUND
Members will recall, having considered the Department’s report dated 28th July 2004 (copy enclosed), that it was decided at the August meeting of the Area Committee to ‘continue’ consideration of this matter, pending the receipt of the formal comments of Scottish Natural Heritage on the effect of the total removal of the deposited material on this part of Ettrick Bay. In addition, further photographs were taken on 20th August 2004 that will be displayed at the forthcoming Area Committee meeting.
Scottish Natural Heritage (letter dated 10th August 2004) have now made the following comments:
“Impacts on Vegetation
The report submitted by Carol Crawford suggested that the plant species that had colonised the spoil largely reflected the surrounding plant communities. It is likely, therefore, that should the spoil be removed then a similar process will occur, indeed it is possible that the seed bank in the area smothered by the spoil may be reactivated.
Although in theory there is a possible danger of removing too much spoil and removing some of the original substrate, the two materials should look quite different and, therefore, it should be reasonably easy to avoid this.
Impacts on Erosion
I understand that no evidence has been presented by the applicant which would support the view that coastal erosion was posing any kind of threat to agricultural land before the spoil was dumped on site. In terms of possible natural heritage impacts, there is no evidence that any future erosion that may occur following the removal of the spoil would pose any kind of natural heritage threat, indeed we consider that beaches in Scotland are inherently dynamic in character and are subject to periodic coastal erosion.
Conclusion
In conclusion, Scottish Natural Heritage would not object on ecological grounds to the Council requiring the removal of the spoil.”
In light of the above comments, this Department is satisfied, based upon all information to hand, that the removal of the material would not be of detriment to the ecology of Ettrick Bay. Having regard to the adverse visual impact of the spoil deposit and the lack of any definitive evidence that the works are essential in combating coastal erosion, the Department would return to the initial recommendation contained within its report dated 22nd April 2004, namely that the application should be refused.
(B) RECOMMENDATION
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In view of the foregoing, it is recommended that Planning Permission be refused for the four reasons set out on the following page.
Angus J Gilmour Head of Planning Services
Case Officer: S. Gove 01369-70-8603 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”.
REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/01228/DET
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1. The planning authority has given consideration to the potential risk of coastal flooding. However, in the absence of any substantive evidence, including a detailed flood risk assessment, the planning authority is unable to support the notion that the area suffers from serious coastal flooding in an area that is in the main undeveloped, and having regard to the slatey materials/spoil used which is not considered an appropriate material as a sea defence mechanism such that the spoil is “superfluous” for such a role. Consequently, the tipped spoil is contrary to the underlying principles contained within SPP7 ‘Planning and Flooding’ and NPPG 13 ‘Coastal Planning’ which advises that:
“Ill considered development, however, can have a detrimental effect on the ecology and scenery as well as on the cultural heritage interests, a key objective for the planning system is to provide a framework for investment in development whilst protecting the undeveloped coast from unjustified and inappropriate development.”
“In addressing the problem of coastal erosion, there are essentially three courses of action open to planning authorities;
• Allow continuation of natural processes • Defend the coastline • Managed retreat
For the majority of the coast, especially where there is little or no development, the most appropriate course of action will be to let the natural processes of erosion continue” (NPPG 13 ‘Coastal Planning’)
“ Pre application discussions will help to identity whether flooding is an issue. If it is, developers should commission a flood risk assessment…”
“On some parts of coastal and estuarial plains, a managed realignment of the coast may help to create new areas of functional flood plain and extend inter-tidal habitats inland. New development should not be permitted in such areas unless the potential flooding issues are addressed…”
(SPP7 ‘Planning and Flooding’)
2. The deposited slatey spoil, by virtue of its excessive length (approximately 330 metres), its colonisation by non-indigenous weedy species and its exposed top, represents an unnatural and man-made intrusion into one of Bute’s important natural landscapes namely Ettrick Bay, which is visited in significant numbers by locals and tourists alike for recreational purposes. As a consequence, the development is of detriment to the visual amenity of the area and contrary to STRAT DC 8 of the Argyll and Bute Structure Plan 2002 and the Draft District-wide Argyll and Bute Local Plan 2004 as follows: “ Development which, by reason of location, siting, scale, form, design or cumulative impact, damages or undermines the key environmental features of a visually contained or wider landscape or coastscape shall be treated as ‘non-sustainable’ and is contrary to this policy. Outwith the National Park, particularly important and vulnerable landscapes in Argyll and Bute are those associated with:
1. ….
2. …. 3. Landward and coastal areas with semi-wilderness or isolated or panoramic quality.”
(Continued)
REASONS FOR REFUSAL RELATIVE TO APPLICATION 03/01228/DET
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3. The deposited slatey spoil, by virtue of its excessive length (approximately 330 metres), its colonisation by non-indigenous weedy species and its exposed top, represents an unnatural and man-made intrusion into one of Bute’s important natural landscapes namely Ettrick Bay, which is visited in significant numbers by locals and tourists alike for recreational purposes. As a consequence, the development is of detriment to the visual amenity of the Isle of Bute Regional Scenic Area and contrary to Policy POL RUR 1 of the Bute Local Plan 1991 as follows:
“ The Council will seek to maintain and, where possible, enhance the landscape quality of Bute including certain areas of scenic woodlands identified in Proposals Map 8. The Council will resist prominent or sporadic development that would have an adverse impact on the landscape. All developments in the countryside will therefore require to be justified and assessed using the following:
I. Environmental Impact (including design, setting and scale of development);
II. Locational/Operational Need;
III. Economic Benefit;
IV. Infrastructure and Servicing Implications;
V. Sterilisation of Natural Resources;
VI. Alternative Policies and Proposals in the Local Plan.
4. The deposited slatey spoil, by virtue of its excessive length (approximately 330 metres), its colonisation by non-indigenous weedy species and its exposed top, represents an unnatural and man-made intrusion into one of Bute’s important natural landscapes namely Ettrick Bay, which is visited in significant numbers by locals and tourists alike for recreational purposes. As a consequence, the development is of detriment to the visual amenity of the natural foreshore adjoining the site and contrary to Policy E 4 of the Draft District- wide Argyll and Bute Local Plan 2004 as follows: A. “Development will only be acceptable on the natural foreshore if there is a specific operational purpose for its foreshore location and there being no effective alternative location of the development landward of the natural foreshore.
B. Development shall not damage nor undermine the key features of foreshore areas, including the following:
1. The dynamics and balance of the ecology of the foreshore;
2. The sustainable productive capacity of the foreshore for shell-fish farming;
3. The effective functioning of the foreshore in providing access between land and water activity; general public access down to and along the foreshore;
4. The attractive appearance of the foreshore itself and value of outlooks over and across the foreshore from land to sea.”
DEVELOPMENT SERVICES Local Member Councillor R Macintyre PLANNING APPLICATION REPORT Date of Validity - 15th August 2003 Bute and Cowal Area Committee Committee Date - 3rd August 2004
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28th July 2004
Reference Number: 03/01228/DET Applicants Name: Mount Stuart Trust Application Type: Detailed Application Application Description: Deposition of Material to Infill Shore Headland (Retrospective) Location: Shingle Beach, Ettrick Bay, Isle of Bute
SUPPLEMENTARY REPORT 4
(A) BACKGROUND Members will recall that it was decided at the July meeting of the Area Committee to ‘continue’ consideration of this matter, having regard to the technical nature of the issue and the desire for a fully accountable decision to be made. The Department despatched copies of the letter from Mount Stuart Trust dated 23rd June 2004 and the reports from the NRC and the SAC to those previously consulted on the application and those who have made representations, with the expiry date for comments being 23rd July 2004.
Responses have been received from the following:
Scottish Natural Heritage (letter dated 15th July 2004)
• Satisfaction that the report from the Natural Resource Consultancy states that the deposited material appears to be in the process of being colonised by plants that largely reflect the surrounding vegetation;
• No evidence in report by Scottish Agricultural College to substantiate claim that there was any significant erosion in the first place. Previous information and site visits would seem to indicate that this was a stable beach;
• It is likely that the existing spoil and any further deposits would detract from the overall visitor experience.
Angus C Hannah (letter dated 18th July 2004)
o No evidence of previous erosion and, even if there were, the deposited material would do nothing to protect the area;
o Strong suspicion that the deposited material will never resemble the beach material;
o The pH figures are misleading in the sense that the scale is logarithmic and indicates the proportion of H (acid) and OH (alkaline) ions present in the sample. In this case, there are 30 times as many H ions to every OH ion in the deposited material as in the beach material;
o No mention is made of nitrogen, another essential nutrient, and it is clear that the nitrogen levels in the deposited material are very low;
o The surface of the deposit is too sharply draining and too deficient in nutrients to permit colonisation by plants of normal soils and grassland but is also too physically coarse and acidic to encourage colonisation by beach plants, which require high calcium and nitrogen levels;
o It is strongly recommended that Dr Rupert Ormond (Director of the University Marine Biological Station, Millport) should be consulted prior to any action being taken. Mr Hannah remains of the opinion that damage limitation can best be achieved by removing the great bulk of the deposit, leaving a few centimetres only, which might integrate slowly with the natural strata.
Ian Hopkins (letter dated 22nd July 2004)
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There appear to be contradictory and erroneous statements within the report from the Scottish Agricultural College in terms of erosion and visual appearance;
It is contended that the deposited material constitutes ‘controlled waste’ as defined by SEPA and should have permission from them;
Although reports appear quite convincing, the applicant commissioned them and it would be in the public interest for the Council to obtain an independent report.
Principal Horticultural Services Officer (report dated 26th July 2004)
Content of the independent reports has been noted. The observations that nearby flora appear to be colonising the site indicates that the slight variation in pH from the beach to the deposited material is not a serious problem;
It is unclear from supplied information whether SEPA have been consulted about their views on the dumping of this infill and whether it is defined as waste or material used in land engineering;
In terms of the impact on the flora the site appear to be colonising the material in a favourable manner.
Clearly, prior to taking any remedial action, the Council must be satisfied that the removal of the material would not be of detriment to the ecology of Ettrick Bay, particularly as conflicting opinions have been expressed on this issue by Mount Stuart Trust and Mr Hannah.
In this respect, Scottish Natural Heritage is the organisation from which the Council seeks comments on a range of issues, including those of an ecological nature. Their comments so far have not specifically addressed the potential effect of the removal of the deposited material and it is considered essential that their written views on this issue are obtained prior to a final decision being made in order to ensure that there would be no ecological damage.
(C) RECOMMENDATION
In view of the foregoing, it is recommended that consideration of this matter be continued and that the formal comments of Scottish Natural Heritage are obtained on the effect of the total removal of the deposited material on this part of Ettrick Bay.
Angus J Gilmour Head of Planning Services Case Officer: S. Gove 01369-70-8603 Senior Planning Officer P. O’Sullivan 01369-70-7983
“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”.
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This page is intentionally left blank Page 49 Agenda Item 7c
DEVELOPMENT SERVICES Local Member Councillor- J R Walsh PLANNING APPLICATION REPORT Date of Validity - 10th December 2003 Bute and Cowal Area Committee Date - 7th September 2004
17th August 2004
Reference Number: 03/02186/DET Applicants Name: R C W Developments (Scotland) Ltd Application Type: Detailed Application Description: Erection of 7 detached dwellinghouses and formation of vehicular access;
Location: Former Cowal house site, 7 Kilbride Road, Dunoon, Argyll
(A) THE APPLICATION
Development Requiring Express Planning Permission.
• Erection of seven detached dwellinghouses on the site of the former Cowal House, at Kilbride Road, Dunoon.
• Formation of new public and private vehicular access from Kilbride Road and formation of turning head and traffic calming measures.
• Formation of two off-street car parking spaces for each house within the curtilage of the application site.
• Installation of Sustainable Urban Drainage Scheme incorporating surface water drainage, filter trenches and ditch and storm cell attenuation tank.
• Erection of boundary treatment(s)
Other Specified Operations
• Connections to public water supply and public sewerage supply.
• Improvement works to existing burn incorporating embankment works, fitting of intake grill
• Removal of some trees and shrubs and landscaping.
(B) RECOMMENDATION
It is recommended that planning permission be Granted subject to the standard condition and reason and the following conditions and reasons together with ‘notes to the applicant’ set out overleaf.
(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS
The main issue in the assessment of this proposal is whether to the erection of seven detached dwellinghouse on this site would have any significant impact on surrounding properties, and the wider townscape in respect of privacy, amenity and visual appearance.
There is a previous commitment for development of this site by virtue of a permission granted in April 1998. Although seven dwellings are now proposed the density, spacing and design is consistent with the wider character of the area on this prominent and elevated site which is open to view particularly when viewed from West Bay, The proposed development accords with Policy H08 of the Cowal Local plan and is equally consistent with structure and draft
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development plan polices. The overall design, scale and finish of the proposed dwellinghouses is acceptable and gives rise to no land use, privacy or visual amenity concerns.
Concerns have been raised from an adjoining neighbour regarding drainage from the site. The applicants propose a Sustainable Urban Drainage System (SUDS), the principle of which has been approved by Roads and Scottish Water. This SUDS system incorporating surface water run-off measures and associated works to the existing burn will actually improve the existing situation, an aspect that would be suitable conditioned. Specific conditions should be imposed relative to the burn that flows at the northern extremity of the site including the long term maintenance consistent with National Policy SPP7 ‘Planning and Flooding.’ Other important conditions relate to the protection of trees at the site that have considerable amenity value and act as an important backdrop to the development.
On the basis of the above and having due regard to the points addressed in the Assessment below, the proposal is considered to be acceptable.
Angus J Gilmour Head of Planning Services
Case Officer: B. Close 01369-70-8604 Senior Planning Officer P. O’Sullivan 01369-70-7983
"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".
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02186/DET
Conditions
2. Unless consent for variation is obtained in writing from the Planning Authority, the seven dwellinghouses hereby approved shall be fully constructed in accordance with the submitted plans titled : 1:250 Overall existing site plan RW-SITE-PL-03 received 21st November 2003, 1:1000 Overall proposed site plan RW-SITE-PL-04 received 21st November 2003, 1:250 Proposed site plan RW-SITE-PL-02 Rev B received 5th July 2004, 1:100 Proposed plans and elevations: House Type 1 RW-T1-PL-101 received 21st November 2003, 1:100 Proposed plans and elevations: House Type 2 RW-T2-PL-102 received 21st November 2003, 1:100 Proposed pans and elevations RW-PL-100 received 21st November 2003,1:250 Proposed site section RW-SITE-PL-05 received 21st November 2003, 1:250 Street Lighting Layout RW-SITE-PL- 02/SL01 received 5th July 2004, 1:10 Boundary wall detail RW-DETAIL-PL-01 received 21ST November 2003, 1:10 Boundary fence detail RW-DETAIL-PL-02 received 21ST November 2003,
Reason : For the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved and amended plans.
3. The access serving this site, up to that area defined by the junction with Kilbride Road and the gates of dwelling Plot 7, as identified on drawing number RW-SITE –PL 02 dated 17-11-2003 shall be a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984, and shall be constructed in consultation with the Council’s Area Roads Manager.
Reason: In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.
4. No works, including excavations for the foundations of the proposed dwelling, shall take place until the Japanese knotweed (subject to condition 15) and other vegetation has been removed and the existing stone boundary wall lowered to a height no greater than 1.0 metres above the road level to provide a visibility splay of 35.0 metres from a 2.5 metre setback in both directions on land within the application boundary site edged red. No obstruction to visibility (i.e. walls, fences and hedges) shall be permitted within the visibility splays on land within the application boundary site edged red, above a height of 1.00 metres from ground level.
Reason : To improve sightlines and visibility and in the interests of pedestrian and traffic safety.
5. Vehicular access to the development shall be constructed as per the details shown on approved Drawing No. RW-SITE-PL-02, in accordance with the Council’s Development Guidelines. Footways or 2.0 metre wide continuous service strips shall be provided to accommodate public utility services. None of the dwellinghouses hereby approved shall be occupied until the access has been fully constructed.
Reason : In order to make adequate provision for vehicular traffic.
6. The base course of the access road and pavements leading from Kilbride Road and serving any individual dwelling within the development site shall be completely constructed prior to the occupation of any individual dwelling; the final wearing surface shall be applied concurrently with the construction of the last dwellinghouse on site or in the independent access serving a group or phase of the development
Reason: In the interests of road safety and to ensure that an adequate level of access is provided for the development.
7. Prior to the first occupation of any of the dwellinghouses, a turning area and provision for two car parking places shall be provided within the curtilage of each of the seven plots, and thereafter be retained in perpetuity for such a dedicated purpose.
Reason : In the interests of road safety. (Continued)
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02186/DET (Continued)
8. The roofs of the dwellinghouses shall be finished in either natural slate or a good quality slate substitute tile, full details of which shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any work to the roof.
Reason : In the interests of visual amenity and to help integrate the proposal into its surrounding townscape setting.
9. The walls of the dwellinghouses shall be finished in a wet dash external wall finish off-white in colour unless otherwise agreed in writing with the Planning Authority.
Reason : In the interests of visual amenity and to help integrate the proposal into its surrounding townscape setting.
10. The boundary treatment to the curtilage of the dwellinghouses shall accord with drawing number RW-SITE –PL 02 dated 17-11-2003 and boundary wall detail drawing number RW- Detail –PL-02 dated 17-11-2003 and RW- Detail–PL-01 dated 17-11-2003 unless consent for variation is approved in writing by the Planning Authority. Thereafter and notwithstanding the provision of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no fence or wall shall be erected fronting the new road without the prior written approval of the Planning Authority.
Reason : In the interests of visual amenity and to help integrate the proposal into the surrounding townscape setting and to prevent the proliferation of alternative number and mixture of walls/fencing fronting the road/access that would detract from the overall character and ambience of the development site.
11. Notwithstanding any details submitted, within three calendar months of the date of this permission, a detailed scheme of landscaping of the seven plots and tree planting has been submitted to and approved in writing by the Planning Authority. The landscaping scheme, as may be approved, shall indicate the siting, numbers, species and heights (at the time of planting) of all trees, shrubs and hedges to be planted and shall ensure:
(a) A minimum of one native deciduous tree of a heavy standard shall be planted within the each of the seven plots, unless consent for variation is approved in writing by the Planning Authority.
(b) Completion of the scheme during the planting season following the completion of the building(s) or such other date as may be agreed in writing with the Planning Authority.
(c) The maintenance of the landscaped areas for a period of five years or until established, whichever may be longer. Any trees or shrubs removed, or which in the opinion of the Planning Authority, are dying, being severely damaged or becoming seriously diseased within three years or planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted.
Reason: To ensure the implementation of a satisfactory scheme of landscaping which will in due course improve the environmental quality of the development.
12. No tree at the site (site edged red) shall be felled until such trees have been clearly indicated (tagged) on site using a coloured identification on site. Such measures shall be put in place for the visual inspection and the written approval by the Planning Authority before any felling commences.
Reason : In the interests of visual amenity, the overall integrity and setting of the development within the area and to ensure that no damage is caused to trees during development operations.
(Continued)
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 03/02186/DET (Continued)
13. Prior to any construction work those trees that are to be retained (as indicated and approved in writing by the Planning Authority under condition 12 above), such trees shall be protected by suitable fencing not less than one metre in height that shall be erected around the extremities of the canopies of these trees, as may be agreed in writing with the Planning Authority. No material, spoil or fires shall be placed within such protected areas during any construction works and such measures shall be put in place for the visual inspection and the written approval by the Planning Authority before any construction works.
Reason : In the interests of visual amenity, the overall integrity and setting of the development within the area and to ensure that no damage is caused to trees during development operations.
14. Notwithstanding the submitted 1:250 Section Drawing No. RW-SITE-PL-05, no development shall commence until ‘revised’ cross sectional drawings of the site have been submitted and approved in writing by the Planning Authority. Such details shall show a minimum of 2 cross sections through the site running from west to east which shall show specifically, a cross section through the proposed central access, the existing land contours and the proposed finished levels of the ground, the levels of the houses (finished floor levels and ridge levels), and associated garden areas, the central access road and car parking/turning areas relative to a fixed datum point.
Reason :. To allow the planning authority to consider these aspects in detail, to allow close monitoring of the development and to ensure that development accords with the approved permission.
15. Prior to the commencement of any works to clear the site, full details of the method of the treatment and subsequent removal of the large areas of Japanese Knotweed Fallopia japonica on the application site, shall be submitted to and approved in writing by the Planning Authority. All removal and clearance operations shall be carried out in accordance with such agreed course of action, unless consent for variation is obtained in writing from the Planning Authority.
Reason : To control the spread of this pernicious weed.
16. The drainage scheme as identified on drawing number RW-SITE –PL 02 dated 17-11-2003, that includes the provision of filter trenches and a storm cell attenuation tank, shall be fully implemented to the satisfaction of the Planning Authority in consultation with SEPA, Scottish water and the Area Roads manager prior to the any dwelling being first occupied.
Reason: In order to provide for sustainable development of the site that incorporates the basic principles of Sustainable Urban Drainage Systems identified in ‘Planning Advice Note 61’and to protect existing and proposed development from the effects of potential increased surface water run-off.
17. No works shall take place to the burn or the embankment of the burn (including bank regrading) until such details including plans and cross sections have been submitted for the written approval of the Planning Authority in consultation with SEPA and the Area Roads Manager. Such details shall also provide details of the intake grill including its precise positioning within the burn.
Reason : To ensure that the drainage and safety of the site and adjoining land is not affected and that existing watercourse is not compromised. 18. No dwelling shall be first occupied until a scheme for the subsequent maintenance in perpetuity of the burn and the area around the burn, culvert and intake grill, has been completed and approved in writing by the Planning Authority in consultation with SEPA and the Area Roads Manager. This scheme should be completed by the owners of the properties, as may be agreed in writing by the Planning Authority and shall be incorporated as a real burden within the title deeds of the said properties. Reason : To ensure that the drainage and safety of the site and adjoining land is not affected and that existing watercourse is regularly maintained.
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NOTES TO APPLICANT
(i) The Area Roads Manager has advised that it is an offence under Section 99 of the Roads (Scotland) Act 1984 to allow surface water drainage to pass onto the public highway. A drainage system including positive drainage measures should be agreed with the Area Roads Manager. The applicant is advised to contact the Area Roads Manager (Mr. Farrell, tel. 01369 703959) directly in this regard.
(ii) The Area Roads Manager has advised that the proposed works will require a Construction Consent (S21), a Road Bond (S17) and a Road Opening Permit (S56). The applicant is advised to contact the Area Roads Manager Manager (Mr. Farrell, tel. 01369 703959) directly upon this matter.
(iii) The applicant is advised by Scottish Water, that :
• there is a public sewerage system to which a connection may be made from the proposed development. The applicant should satisfy himself, by site investigation if necessary, that relative levels are such as will allow the development to be connected at a gradient acceptable to Scottish Water;
• a totally separate drainage system of foul and surface water sewers will be required
• this development will involve the provision of sewers, which may become vested in Scottish Water. The layout and specification of these sewers must be agreed, in writing, by Scottish Water prior to their construction;
• it is recommended that the applicant must consider the implementation of a Sustainable Urban Drainage Systems within the proposed drainage design.
• there is an existing public water main located in the street adjacent to the site, which may be suitable to provide a supply to the proposed development. Precise details regarding the highest water fitting and proposed demands must be forwarded to Scottish Water for their comments;
• separate applications will have to be made for the provision of site water mains and service connections. In this regard Scottish Water recommend that a cold water storage system is provided for each house having an actual (not nominal) capacity of 200 litres;
• any work carried out by Scottish Water to facilitate the proposed development shall be rechargeable to the applicant. Contact should be made with Developer Services regarding compliance with current water bylaws and how the proposed development would be best served with a public water supply;
• contact should be made with Developer Services regarding compliance with current water bylaws.
• Contact should be made with Developer Services to discuss how the proposed development would be best served with a public water supply;
For all of the advisory points given above, the applicant/developer is advised to contact Scottish Water directly (Developer Services, tel.0845 601 8855, or at www.scottishwater.co.uk ).
(iv) The applicant is advised by the Councils Public Protection Unit that any waste construction materials will require to be removed from the site by waste transfer rather than burning in order to prevent any nuisance conditions caused by smoke arising (The applicant is advised to contact Rachel McInnes, Environmental Health Officer 01369-708615 directly regarding this matter.
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(v) The applicant / developer is advised by the Councils Public Protection Unit that the noise from construction work will be controlled by this Service using the powers under of the Control of Pollution Act 1974. Prior to the commencement of any construction works, the applicant is requested to discuss with the Councils Public Protection Unit (Rachel McInnes, Environmental Health Officer 01369-708615) measures that will be put in place to control noise from the site. It should be noted that any agreement made at this time will not preclude any action being taken under Section 60 of the Control of Pollution Act 1974 should it be deemed necessary.
(vi) The applicant is advised by Scottish Environmental Protection Agency (SEPA) that non- objection is based on the understanding that the foul drainage is connected to the public sewer. The applicant is advised to consult with Scottish Water in this regard. SEPA suggest that the applicant be required to treat surface water from the site in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland, published by CIRIA in March 2000. The applicant is advised to contact SEPA (Mr. Brian Fotheringham, tel. 01355 574200) directly upon this matter.
(vii) The applicant is advised that the development hereby approved may be the subject to the Construction (Design and Management) Regulations 1994, which govern health and safety through all stages of a construction project. The Regulation requires clients (i.e. those, including developers who commission construction projects) to appoint a planning supervisor and principal contractor who are competent and adequately resourced to carry out their health and safety responsibilities. Clients have further obligations. Your designer will tell you about these and your planning supervisor can assist you in fulfilling them. Further information is available from the Health and Safety Executive Infoline (Tel. 0541 545500).
(viii) Your attention is drawn to the planning conditions above which should be read carefully and fully complied with. Such planning conditions are imposed as an integral part of the grant of planning permission.
You are advised that any development carried out in breach of pre conditions (requiring details to be submitted and approved first) is unauthorised development. Non-compliance with such conditions will not be sufficient to implement a planning permission. Once development commences the planning authority's compliance officer will ensure that such planning conditions are strictly observed. In the event that planning conditions are not complied with this may result in Legal Action in the form of an Enforcement Action or a Breach of Condition Notice and therefore it is in your best interest to ensure compliance with the same.
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APPENDIX RELATIVE TO 03/02186/DET
A. OTHER MATERIAL CONSIDERATIONS
(i) Site History
The site of this proposal relates to the former Cowal House site, off Kilbride Road, Dunoon and adjacent to the Glen Morag Hotel. Cowal House, a substantial nursing home (formerly a hotel) was fire damaged in the mid 80s and the site has lain vacant since. There have been a series of unimplemented permissions for the site.
Ref. 17-6-90 Planning permission was refused for forty chalets on 18 April 1975 on land immediately to the rear of the current application site.
Ref. 237/75 Planning permission was refused on 8 January 1976 for access improvements at the site. However, the applicant appealed the decision and the appeal was in fact upheld by the Scottish Office.
Ref 438/78 Outline planning permission was granted on 12 December 1978 for the erection of chalets to the rear of the site although a condition was imposed that the number and density should not be determined until a tree survey was carried out.
Ref 95/00050/DET Detailed planning permission for the erection of 36 chalets, dry ski slope, associated parking, amenity building was refused on 12 December 1995. The applicant appealed the decision, however this appeal was dismissed by the Secretary of State.
Ref. 98/00194/DET Detailed planning permission for the erection of a single large three storey baronial style dwellinghouse within the ground of the former Cowal House was granted on 7th April 1998.
Ref. 03/01463/DET Detailed planning permission for the erection of twelve semi detached dwellinghouses and one large detached dwellinghouse within the ground of the former Cowal House was withdrawn on 15th December 2003, following ‘material’ revisions resulting in a reduction of the number of houses to seven detached in total.
There is an associated report (ref 08/04) elsewhere on this agenda.
(ii) Consultations
Area Roads Manager (consultation response dated 11th May 2004 and subsequent letter dated 22nd June 2004) : No objections subject to conditions and advisory notes. The site of the proposed development is off the UC46 Kilbride Road within an urban 30mph restriction. The access road and turning area to be designed and constructed in accordance with the requirements of the Development Guidelines and will be subject to Construction Consent and a Road Bond. Footways or 2.0 metre wide continuous service strips to be provided to accommodate public utility services. An approved system of street lighting to be included. A turning area and parking for two vehicles with each plot are required. A system of surface water drainage to be provided to prevent water passing onto the public road. A Road Opening Permit will also be required.
The applicant has consulted the Area Roads Manager on the basis of a revised layout plan incorporating Roads Development Guidelines, street lighting, turning head, surface water drainage, a Sustainable Urban Drainage System and surface treatment. In their response of 22nd June 2004, the Area Roads Manager has confirmed that the proposed design appears adequate for the proposed development. The proposals for the burn to be maintained by the adjacent plots would be an improvement over the existing situation. Provision of grills at the
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inlet to the culvert should reduce the risk of a blockage assuming some system of monitoring is established.
Scottish Water (response date 2nd February 2004) : No objections subject to comments and advisory notes;
Scottish Environmental Protection Agency : (response dated 16th January 2004) : No objection on the understanding that the foul drainage is connected to the public sewer. The applicant should consult with Scottish Water in this regard. Surface water from the site should be treated in accordance with the principles of Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2003.
Scottish Natural Heritage : (response dated 15th December 2003) : No comment.
Public Protection : (response dated 23rd January 2004) : No observations to make subject to conditions regarding noise from construction work and advisory notes regarding removal of waste materials from the site.
(iii) Publicity and Representations
The proposal has been advertised under the provisions of Article 18 (Potential departure) and Article 9 (neighbour notification) (publication date 26th December 2003). Representation has been received from Mr Black, Mars Hill, Kilbride Road, Dunoon (letters dated 22nd December 2003 and 19th July 2004), and Helen Macdougall, Silver Hill, Kilbride Road, Dunoon letter dated 6th January 2004). The following observations were made.
1. No notice of the proposal in the press despite trees being felled within an established Tree Preservation Order area.
Comment: In terms of the felling of trees, this occurred last summer and was carried out by the developer to clear the site of either dead or rotten trees and to keep the channel of the burn clear to avoid flooding. The department was made aware of these actions, contacted the developer and apparently no further felling has taken place since. There is an associated report (ref 08/04) elsewhere on this agenda. Specific recommended conditions (condition 12 and 13) would be imposed on this permission regarding the protection of trees during construction.
2. Although a detailed application, there is a lack of detailed information in terms of Technical Standards Details e.g. sewer/soil waste discharge, surface water run-off, firemain arrangement/fire hydrant connections and locations, structural/architectural details of houses, electrical drawings, street lights etc
Comment: When the original application was submitted many of these details were still to be confirmed. A recent revised Site Plan Drawing No. RW-SITE-PL-02 and associated details concerning a Sustainable Urban Drainage Scheme (SUDS), includes details such as sewer/soil discharge, surface water run-off and street lighting. All other details will be addressed in an application for Building Warrant.
3. The adjoining properties were not notified in accordance with the provisions of Article 9.
Comment: The neighbour notification was undertaken in accordance with the provisions of Article 9 of the Act. Only two objections in total have been received.
4. No ordinates were given upon the submitted site plan boundaries.
Comment: Sufficient information was submitted by the applicant to determine the exact site boundaries and to allow for determination of the application as submitted.
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5. No details have been submitted regarding fire protection facilities during construction.
Comment: This issue will be addressed in terms of the Building Regulations.
6. No details have been given of the type of plant to be installed within the building and there is concern regarding possible noise levels and issues of safety.
Comment: The Head of Public Protection has raised no concerns with regard to the installation of the plant equipment regarding noise. Advisory notes are recommended to the applicant//developer regarding noise during construction.
7. No details regarding the possibility of contamination and fill from previous uses and the ability to service the site in respect of fire safety.
Comment: The suitability of ground in respect of fill, contamination or instability will be considered in an Application for Building Warrant. Other matters such as access for fire safety vehicles; fire safe materials and distance to boundaries will also be considered in the Building Warrant. The Fire Authority is responsible for ensuring that each property is supplied with suitable water pressure for fire fighting purposes.
(iv) Applicants supporting Information
Following discussions with this department, additional information has recently been received which may allay some of the objector’s concerns. At the department’s request, the applicant and his agent have now responded to many outstanding details, which have been ratified by the Area Roads Manager and Scottish Water. These ‘revised’ details include such matters as road design and access, boundary treatments, street lighting and a new Sustainable Urban Drainage System including surface water run-off, attenuation tanks and drainage issue related to the burn. The SUDS scheme is geared towards improving drainage from the site. Until planning permission and building warrant is approved, the developer would have had no authority to provide, replace or divert the existing culvert. This matter has been addressed via the SUDS scheme.
(B) POLICY OVERVIEW
The following advice and guidance from Central Government includes:
Scottish Planning Policy SPP1 “The Planning System” including the promotion of ‘sustainable development’.
National Policy Planning Guideline 3 “Land For Housing”
“In small towns and villages there is a particular need to ensure that the character and landscape setting is not affected unacceptably by the scale or location of new housing developments, and does not lead to over-development.”
(NPPG 3, “Land for Housing” Para 16)
“The character and amenity of existing residential areas should not be unacceptably damaged by the effects of redevelopment or infill development.”
(NPPG 3, “Land for Housing” Para 31)
SPP7 ‘Planning and Flooding’ –(February 2004) Advises that watercourses and culverts can aggravate the impact flood risk. Watercourses should not be culverted unless there is no practical alternative. If unavoidable they must be designed to maintain or improve existing flow conditions and aquatic life. Ownership and maintenance must be addressed. A culvert may be
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acceptable as part of a flood prevention scheme or where it is used to carry a watercourse under a road.”
Planning Advice Note 69 ‘Planning and Building Standards Advice on Flooding’
Planning Advice Note 67 - ‘Housing Quality” advise that, “the design of a successful place will begin with understanding how new housing can be connected to the settlement patterns of an area. The combination of layout of buildings, streets and spaces should create local identity, and contribute positively to the character of towns and villages”.
Furthermore, “new housing should take account of the wider context and be integrated into its wider neighbourhood, where issues to consider include the topography of the site and its relationship to adjacent sites and natural and built features ..”.
“Designing Places – A Policy Statement for Scotland” advise that design is a material consideration in determining planning applications. Councils may refuse an application, and defend their decision at appeal, solely on design grounds. Design is an integral part of the development process.
Planning Advice Note 61, ‘Sustainable Urban Drainage Systems’: “Flood risk and other environmental damage can be managed by minimised changes in the volume and rate of surface water run off from development sites through sustainable urban drainage systems”. SUDS deals with this in an integrated way with the issues of water quantity, water quality and amenity.”
Planning Advice Note 60 - ‘Planning for Natural Heritage’ – advises that native woodlands are valuable reservoirs of biodiversity.
Planning Advice Note 46 ‘Planning for Crime Prevention’- identifies and considers matters of natural surveillance, residential privacy, boundaries, lighting, landscaping and parking to prevent crime.
Structure Plan Policy – (Argyll and Bute Structure Plan 2002 (approved 30th November 2002)
STRAT SI 1 Sustainable development- will seek to :
h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources.
i) respect the character of an area and the setting and character of settlements.
STRAT DC1 Development within settlements- encourages appropriate infill, rounding off and redevelopment sites. Developments which do not accord with this policy are those which are essentially incompatible with the close configuration of land uses found in settlements e.g. development which results in excessively high development densities, settlement cramming or inappropriate rounding off on the edge of settlements.
STRAT HO1 Development Control Policy on Housing- Encourages housing within settlements where it constitutes infill, rounding off and redevelopment consistent with STRAT DC1-10
Cowal Local Plan 1993 (adopted 1995)
Policy HO 8: ‘Within the settlements including Dunoon the Council will encourage infill, rounding off and redevelopment related to the existing built form... Regard will be had to the to the principles set out in the Government’s Planning Advice Note 36. Proposals that do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse visual or environmental impact will normally be resisted.’
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RUR 1 :Landscape Quality
The site is situated within the Central and East Cowal Local Scenic Area as identified under POL RUR1 of the Cowal Local Plan whereby the proposal requires to be assessed in terms of its environmental impact, locational/operational need, economic benefit and infrastructure and servicing implications.
RUR 2 : Nature Conservation
The Council will resist developments and land use changes, which would erode or have an adverse affect on features of wildlife and scientific value in particular those having an adverse effect on :
vi) Local features of wildlife value and in particular small native broadleaf woodlands and ‘scrub’, and mixed woodland including amenity planting.
POL BE9 ‘Layout and Design of Urban Development’ importance of ensuring that the character of many areas of existing development needs to be protected, including fine Victorian Villas and more traditional vernacular architecture. In addition to the design of individual buildings, the character of existing buildings and surrounding areas should be respected.
POL HO 7 -the level of open space provision (if any) will be dependent upon the type of houses to be built, plot sizes and assessment of existing provision in the area.
POL BE 8 -encourages the retention and enhancement of existing tree groups and belts of trees within or directly adjacent to built up areas. … 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 an appropriate cases may place tree preservation orders in the interests of conservation.
Argyll and Bute Draft District Wide Local Plan 2004
With respect to the Consultative Draft (December 2003) District Wide Local Plan, the following policies are applicable:
STRAT DC1- Encouragement to development within settlements including medium scale development on appropriate infill, rounding off and redevelopment sites. Medium scale is defined as “between 6 and 30 dwelling units inclusive” which is below the threshold in this instance.
STRAT S1 - Sustainable development- conserve the natural and built environment and avoid significant adverse impacts upon biodiversity; respect the setting and character of settlements; maximise opportunities for sustainable forms of design; avoid places where there is significant risk of flooding.
STRAT DC10 - Presumes against development where there is a significant risk of flooding. Where it is feasible to manage the threat, suitable mitigation measures may be possible.
STRAT FW 2 - Development shall not damage nor undermine the key environmental features of important woodland areas.
E 10 and H4- Development setting, layout and design- sited and positioned to harmonise with the key features of the settlements. Poor quality or inappropriate layouts or densities including over development shall be resisted. Design should be compatible with surroundings. Poor or not good enough design for a particular location will be resisted.
A5 Vehicle parking provision - prescribed off-street car and vehicle parking standards.
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S2 Sustainable Urban Drainage Systems – ensure arrangements for foul water and surface water drainage are effectively separated to satisfy requirements of SUDS.
Policy A4(B) – Development, Roads and Private Accesses
Developments shall be served by roads over which the public have a right of access allowing for private access arrangements that meet specified criteria. In this instance the road would be brought up to adoptable standards.
Policy A4(B) – Development, Roads and Private Accesses
“ private accesses shall have suitable layout, design dimension and construction to function effectively and safely.”
In addition, Policy A4(D) states that, “private accesses servicing development shall be to a standard consistent with the level of use and location of the access.” Policy Note 7 within Chapter 10 Annex, comments that private accesses should be suitably constructed, properly drained and finished with a hard-wearing surface.
The proposal accords with the provisions of the relevant policies of the Cowal Local Plan 1995 and the Structure Plan Polices.
(C) ASSESSMENT
Density, Scale, Design and Siting
The site particularly when viewed from ‘West Bay’ occupies a prominent, elevated location along Kilbride Road adjacent to the Glen Morag Hotel, which formerly contained a traditional substantial building known as Cowal House. Cowal House was a large three-storey hotel, which was fire damaged and subsequently demolished in the mid 80s and the site has lain vacant since.
To the rear of the site lies a large woodland fronting Crochan Road, which forms an attractive backdrop to the site and to the wider area. This area of extensive woodland, is in the ownership of the applicant but does not form part of the proposed development. The application site is situated within the Central and East Cowal Local Scenic Area as identified under POL RUR 1 of the Cowal Local Plan. In essence, the proposal relates to the replacement of a demolished nursing home that was fire damaged with seven new dwellinghouse.
Due to the location of the proposed dwellinghouses within the former Cowal House, coupled with the high standard of design and finish, it is considered that the proposal is acceptable and will not serve to detract from the landscape setting of this Local Scenic Area. In light of the fact that the proposal does not have an adverse environmental impact there is no requirement for the proposal to be assessed in terms of the criteria outlined for the remainder of POL RUR 1.
The application site is accessed from Kilbride Road and is flanked by mature woodland and scrub. The site slopes steeply from Crochan Road to Kilbride Road with an area of plateau to the western extremity of the site. A burn runs down the northern boundary of the site into a culvert on Kilbride Road.
The proposal relates to the erection of seven detached dwellinghouses on a sloping site, accessed off a central access spine road leading to a raised plateau at the rear of the site. This plateau was formerly in use as a walled garden for Cowal House and will be the location for a single large five bedroomed two-storey imposing mansion type house.
The mansion house will also contain an attached single storey, sauna/spa gymnasium and games room. The house is to be a large two-storey property with a number of hipped roofs, the design of which is particularly attractive and incorporates a number of interesting features including projecting bays, balcony, chimney features and stone detailing on the front elevation.
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The walls are to be finished in a wet dash render to be painted white with a slate substitute roof finish and oak grain uPVC double windows installed. The scale and massing of the proposed large dwellinghouse is akin to that of the former property Cowal House and whilst it is a relatively large property given the nature of the surrounding buildings along Kilbride Road, it is considered to be in keeping with the surrounding settlement pattern.
The remaining six detached dwellinghouses on the lower part of the site, will be two storeys and have a scale and design broadly in keeping with surrounding traditional villas. The proposed houses will be situated within the confines of the former Cowal House site with two car parking spaces for each of the six houses and a large parking courtyard for the mansion house. A turning head is provided adjacent to Plot 4. The development does not encroach into the woodland to the rear.
The overall design, scale and finish of the proposed dwellinghouse is to a high standard and is acceptable in this instance given the nature of the surrounding properties along Kilbride Road and will not serve to detract from the wider landscape setting of this Local Scenic Area to its detriment.
Principle of development
The principle of residential development on the site has largely been established by virtue of an earlier planning permission (ref. 98/00194/DET) for a single large baronial villa that would have dominated the majority of the site. In terms of the proposed development of seven houses within this large site, the proposed plot density is acceptable and respects the surrounding settlement pattern. The overall design, scale and finish of the proposed dwellinghouses are acceptable and accords with the provisions of POL HO 8 and POL BE 9 and gives rise to no land use nor privacy and amenity concerns.
Access/Road Issues
During the course of this application, the applicant discussed the proposal with the Area Roads Manager where outstanding issues (for Roads initial consultation response and incorporating some of the objectors concerns) were resolved. The Area Roads Manager (and Scottish Water) has confirmed that the amended site layout plan which incorporates a number of additional features i.e. revised road design and access, boundary treatments, street lighting. Notwithstanding necessary safeguarding conditions, Roads are satisfied with the proposed development. A specific condition (condition 3) would be imposed that would see the roads being brought up to adoptable standards from the junction with Kilbride Road until the road meets the gates of the mansion type dwelling at Plot 7 where a this would become a private way.
In terms of sightlines 35 metres from a 2.50 metre setback would be necessary to provide safe access to and from the site. The currently sightline in the northerly direction is particularly good due to the alignment of the road and the required sightline is early achieved. In a southerly direction (ie direction of car park/swing park at Bullwood Road) the current sightline is obscured by the substantial grown of Japanese knotweed and to provide the required sightline would require the removal of this and possibility the marginal lowering of a boundary wall. All of this land is however within the site edged red and within the applicants control and can be conditioned accordingly, condition 4.
Drainage Issues
Foul drainage will be connected to the foul sewer with Scottish Waters permission. In terms of Sustainable Urban Drainage System (SUDS) and surface water drainage, the applicant, has submitted a SUDS compliant solution for the disposal of surface water from the site. In terms of surface water, a SUDS type system is being developed which would collect all surface water run-off via individual filter trenches, a filter ditch and into a storm cell attenuation tank located close to the Kilbride Road frontage.
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There is a main watercourse running the northern extremity of the site discharging into a culvert at Kilbride Road. As a general rule watercourses should be left undisturbed unless there is a good reason to alter them not least since it can impact upon the local wildlife and biodiversity of the area. Very recent guidance SPP7 ‘Planning and Flooding’ (February 2004) and equally polices contained within the draft Argyll Local Plan emphasises that it is imperative to ensure that flooding or the risk of flooding will not occur to any new and existing development. The Areas Roads Manager has welcomed the provision of an inlet grill (precise location is conditioned) as are any works to the embankment of the watercourse since full details would be required before any alterations took place.
The developer has indicated that the new owners of the house plots would be responsible for the maintenance of the burn all of which falls within the development site, site edged red. However it has been suggested by the developer that the “owners of each plot adjacent will be responsible for the section of the burn and will undertake any works necessary to maintain its efficiency.” But the Planning authority cannot solely rely on such an undertaking or commitment particularly when SPP7 ‘Planning and Flooding’ (February 2004) advises that “watercourses and culverts can aggravate the impact flood risk and … Ownership and maintenance must be addressed”. Accordingly, the department would suggest the imposition of Condition 18 that deals with the long-term maintenance in perpetuity of the burn such that it would be imposed as a burden on the relevant house plots, as may be agreed in writing with the Planning Authority.
Trees/landscaping
There is an associated report (ref 08/04) elsewhere on this agenda.
Under the provisions of 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. The site is partially wooded with a number of mature deciduous trees on the edges of the site and primarily to the rear. The larger site to the rear is heavily wooded with a mixture of mature deciduous and coniferous trees.
The application site does not impinge on the area of established woodland to the rear. Given the landscaping and boundary treatment and existing tree cover on the fringes of the site, it is considered that the development would not have an adverse impact on this woodland. Given the current condition of the site, it is considered that the proposed development would actually enhance this area of neglected woodland within the application site and provide an improved setting for the woodland to the rear. The site is well screened and apart from the larger house set further up the slope, the majority of the six dwellinghouses would not be conspicuous when viewed form the wider area.
Suggested conditions imposed on this permission will offer adequate protection for trees worthy of retention ad protection. In this regard, the loss of some trees (through neglect and windblown) has already been established in principle and given the presence of the adjacent woodland, this should not detract from the landscape setting at the edge of the built-up area.
However, in order to minimise the loss of trees, specific landscape conditions are recommended in respect of protection and replanting. Should permission be granted specific safeguarding conditions would be imposed to retain/protect such trees during the construction period as well as seeking further landscaping of the developed areas (Conditions 11, 12 and 13).
In addition, it has been observed that there is evidence of Japanese Knotweed (Fallopia japonica) on the site, in particular at the northern and southern boundaries of the site. The careful and controlled removal of this weed should be suitably conditioned and would meet the ‘six tests.’ of Circular 4/1998 (Condition 15).
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DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity - 25th January 2002 Bute & Cowal Area Committee Committee Date - 3rd September 2004
20th August 2004 Reference Number: 02/00033/OUT Applicants Name: Mrs. M. Kohls Application Type: Outline Application Description: Erection of 4 houses and installation of septic tank Location: Ground North East Of Ashgrove, Wyndham Road, Innellan Dunoon
(A ) THE APPLICATION (i) Development Requiring Express Planning Permission: Erection of four dwellings indicative layout shows Plots 1 & 2 fronting Wyndham Road, with Plots 3 & 4 immediately behind in tandem. Formation of a new vehicular access, parking and turning area.
Other Specified Operations Connection to public water main. Installation of communal septic tank or bio disc system with a soakaway.
(B) RECOMMENDATION It is recommended that planning permission be refused for the seven reasons set out in this report.
(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The surrounding area is characterised by large detached dwellinghouses that are situated within very generous curtilages in a single tier linear format. The siting of four dwellings on this greenfield sloping site between Wyndham Road and Shore Road between the established building lines would result in a third tier of development that is at variance and contrary to the established settlement pattern of the area. As such its development would be incongruous and would undermine the provisions of Policy POL HO 8 of the Cowal Local Plan, in addition to National Planning Policies and Guidelines.
Whilst the department does not object to the principle of housing on this infill site this should have regard to the character of the area. To allow four dwellings, as a matter of principle in this location would establish a precedent and further plot sub-division within the area, cumulatively eroding the character of the area by cramped development and the establishment of an incongruous third tier. The layout proposed is more reflective of that normally found on a suburban estate and not within this part of Innellan.
Members may recall the refusal of permission 02/00489/DET for a dwelling at Burnbank, Wyndham Road, Innellan by the Area Committee on 7th May 2002 including the issue of precedent for further similar developments within the localised area, the cumulative effect would lead to an erosion in the character of the area. Whilst the erection of four dwellings cannot be supported in principle, there may be scope to allow two dwellings fronting and accessed from Wyndham Road.
This application attracted six letters of representation from nearly local residents that is significant for a development of this scale within Innellan. The majority of such residents have expressed concerns of the development leading to flooding which has been a problem that has been encountered in the recent past. Having regard to the information supplied, the department cannot give any assurance that the development will not increase the risk of flooding and or contamination rather than having a neutral impact and concerns on this issue remain. Without further details, the impact cannot be determined and the department cannot therefore determine whether the proposal will be acceptable in terms of drainage arrangements.
Angus J Gilmour Head of Planning Services
"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".
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/00033/OUT
1. Having regard to the character of the existing settlement pattern and density, which generally comprises of large detached dwellinghouses that are situated within generous curtilages in a single tier linear format, the proposed layout of four dwellings would result in a third tier of development that is at variance and contrary to the established settlement pattern of the area, which would constitute an alien and incongruous feature, resulting in the over-development of the site. Accordingly the proposed development would be contrary to the general principles of Scottish Planning Policy SPP3 “Planning for Housing”, Planning Advice Note 67 - ‘Housing Quality, which advises that:
“Infill sites can often make a useful contribution to the supply of housing land. Planning authorities should ensure that infill development respects the scale, form and density of its surroundings and enhances rather than detracts from the character and amenity of existing residential areas. Care should be taken that the individual and cumulative effects of infill can be sustained by the social and economic infrastructure and do not lead to over-development. These principles apply equally to development in the gardens or grounds of existing houses or on backland sites in urban, suburban or village locations”. (SPP3 “Planning for Housing” para 34)
“The design of a successful place will begin with understanding how new housing can be connected to the settlement patterns of an area. The combination of layout of buildings, streets and spaces should create local identity, and contribute positively to the character of towns and villages”.
“New housing should take account of the wider context and be integrated into its wider neighbourhood, where issues to consider include the topography of the site and its relationship to adjacent sites and natural and built features ..” (Planning Advice Note 67 - ‘Housing Quality”)
2. Having regard to the character of the existing settlement pattern and density, which generally comprises of large detached dwellinghouses that are situated within generous curtilages in a single tier linear format, the proposed layout of four dwellings would result in a third tier of development that is at variance and contrary to the established settlement pattern of the area and would constitute an alien and incongruous feature resulting in the over-development of the site. Accordingly, the development would be contrary to the Policy STRAT SI 1 ‘Sustainable development’ and STRAT DC1 ‘Development within Settlements’ of the Approved Argyll and Bute Structure Plan 2002 that seeks to :
h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; i) respect the character of an area and the setting and character of settlements;
(Policy STRAT SI 1 Approved Argyll and Bute Structure Plan 2002)
“(D) Developments which do not accord with this policy…are essentially incompatible with the close configuration of land uses found in settlements….or development which results in excessively high development densities, settlement cramming or inappropriate rounding off on the edge of settlements”
(STRAT DC1 ‘Development within Settlements’ of the Approved Argyll and Bute Structure Plan 2002)
3. The siting of four dwellings would be detrimental to and erode the existing character of the immediate settlement pattern of the area that is characterised by large detached dwellinghouses that are situated within generous curtilages in a single tier linear format. The siting of four dwellings on this greenfield sloping site between Wyndham Road and Shore Road between the established building lines would result in a third tier of development that is at variance and contrary to the established settlement pattern of the area. As such its development would be incongruous and would undermine the provisions of Policy HO 8 of the Cowal Local Plan 1993 (adopted 1995) that states that:
‘Within the settlements including Innellan, the Council will encourage infill, rounding off and redevelopment related to the existing built form... Regard will be had to the to the principles set out in the Government’s Planning Advice Note 36. Proposals that do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse visual or environmental impact will normally be resisted.’ (Continued)
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/00033/OUT (Continued)
4. The indicative layout depicting the regimental spacing of four dwellinghouses fails to respect the existing settlement pattern in respect of building line, plot density, and access that would equally lead to a substandard level of residential amenity. Accordingly, given the proposed layout of the four dwellings, which constitute ‘tandem’ development, this would be contrary to Policy BE9 of the Cowal Local Plan 1993 (adopted 1995) and Policy H4 and Policy E10 of the Argyll and Bute Draft District Wide Local Plan 2003 which states that:
“The Council will seek to achieve a high standard of layout and design where new urban developments are proposed. Proposals for new development should have regard to the Councils published design guidelines and development standards”
(Policy BE9 of the Cowal Local Plan 1993)
“encouragement shall be given to traditional, innovative and sympathetic housing development layout and design which are appropriate to the village. Housing layouts and designs judged to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted.
(Policy H4 of the Argyll and Bute Draft District Wide Plan 2004)
(A) Development shall be sited and positioned so as to harmonise with the key features of the settlements. Developments, which do not satisfactory harmonise with their settings and surroundings will be resisted; (B) Development layout and density shall effectively integrate with the setting of the development. Layouts shall be adapted to take into account the location or sensitivity of the area. Development with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.
(Policy E10 of the Argyll and Bute Draft District Wide Plan 2004)
5. The position of the septic tank is more than 30 metres from a road/suitable area to enable the septic tank to allow satisfactory access for emptying by a tanker. In addition, concerns have been expressed from residents, and those in closest proximity to the site of experience of flooding. Having regard to the precautionary principles and with regard to PAN 69, ‘Planning and Building Standards Advice on Flooding’, and development plan polices, the applicant has not demonstrated satisfactorily that the proposed development would not have an adverse impact on dwellings and land below in respect of adequate sewerage drainage arrangements in the form of a septic tank or bio disc and given the known rock beneath the surface. Without such necessary information this may lead to public health and amenity concerns and/or contamination of ground conditions via effluent seepage to the properties below the site fronting Shore Road, Innellan to their detriment contrary to PAN 69 which states that:
“Where it is not reasonable to connect to a public sewer.. then discharge should be to a private wastewater treatment plant or septic tank…. The discharge can however still be harmful and will require great care when discharging to ground to ensure a suitable level of protection of the environment is achieved,”
(PAN 69 Planning and Building Standards Advice on Flooding)
6. Concerns have been expressed from residents, and those in closest proximity to the site of experience of flooding. Having regard to PAN 61 ‘Planning and Sustainable Urban Drainage Systems’, and development plan polices relative to flooding, the applicant has not demonstrated satisfactorily that the proposed development would not have an adverse impact on dwellings and land below in respect of adequate measures to deal with surface water run off and given the known rock beneath the surface. Without such necessary information this may lead to localised flooding of properties below the site fronting Shore Road, Innellan to their detriment contrary to Pan 69 ‘Planning and Sustainable Urban Drainage Systems’ that indicates:
“At the outline planning application stage the drainage assessment should indicate whether the sub soil is suitable for the infiltration of SuDs, and the scale of system required.”
(PAN 61 ‘Planning and Sustainable Urban Drainage Systems’)
(Continued)
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 02/00033/OUT
7. The erection of a dwelling a Plot 3 would result in the loss and removal of mature and semi mature trees that form part of a distinctive and important key environmental feature when viewed from Wyndham Road and Shore Road Innellan that as a matter of principle should be resisted. Accordingly the proposed development of this part of the site would be contrary to Policy BE8 – Tree Groups and Woodlands of the Cowal Local Plan 1993 and Policy FW2 of the Draft Argyll and Bute Draft District Plan 2003 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’’
(POL BE 8 of the Cowal Local Plan 1993):
Development shall not damage or undermine the key environmental features of important woodland areas including the following categories: (A) woodland areas and trees which have been mapped for safeguarding in Argyll and Bute Local Plans or are protected by Tree Preservation Orders
(STRAT FW 2 Draft Argyll and Bute Draft District Plan 2003)
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APPENDIX RELATIVE TO APPLICATION 02/00033/OUT
A. POLICY OVERVIEW
National Policy
Scottish Planning Policy SPP1 “The Planning System” including the promotion of ‘sustainable development’, which states that both the short-term and the long-term consequences of development plan policies, must be considered from the outset. Planning decisions should favour the most sustainable option, promoting development that safeguards and enhances the long-term need of the economy, society and the environment.
Scottish Planning Policy SPP3 – “Planning for Housing”.
“Good housing in the right locations makes an important contribution to achieving Scottish Executive policy objectives” (SPP3, “Planning for Housing” Para 1)
“The planning system should therefore seek to create quality residential environments and guide development to the right places.” (SPP3, “Planning for Housing” Para 5)
“Infill sites can often make a useful contribution to the supply of housing land. Planning authorities should ensure that infill development respects the scale, form and density of its surroundings and enhances rather than detracts from the character and amenity of existing residential areas. Care should be taken that the individual and cumulative effects of infill can be sustained by the social and economic infrastructure and do not lead to over-development. These principles apply equally to development in the gardens or grounds of existing houses or on backland sites in urban, suburban or village locations”. (SPP3 “Planning for Housing” para 34)
Planning Advice Note 67 - ‘Housing Quality” advise that, “the design of a successful place will begin with understanding how new housing can be connected to the settlement patterns of an area. The combination of layout of buildings, streets and spaces should create local identity, and contribute positively to the character of towns and villages”.
Furthermore, “new housing should take account of the wider context and be integrated into its wider neighbourhood, where issues to consider include the topography of the site and its relationship to adjacent sites and natural and built features ..”.
SPP7 ‘Planning and Flooding’- “Flood risk is a material planning consideration for a wide range of sites including those with a history of flooding… including....those with drainage constraints or otherwise poorly drained….. very careful consideration must be given to those development proposals for which a flood would have especially serious adverse consequences”.
PAN 61 ‘Planning and Sustainable Urban Drainage Systems’ - “all proposals for development should therefore take account of potentially increased surface water run off. This can increase the flows downstream and so increase the risk of flooding. This is particularly so for development on greenfield sites…. where the existing drainage system may not have the capacity or be in a fit condition to carry the additional drainage without substantial reconstruction.”
PAN 69 Planning and Building Standards Advice on Flooding – “The potential of garden ground and other open space to become waterlogged or suffer from localised flooding is something to be considered from the earliest stages of site proving”.
“Where it is not reasonable to connect to a public sewer.. then discharge should be to a private wastewater treatment plant of sectic tank…. The discharge can however still be harmful and will require great care when discharging to ground to ensure a suitable level of protection of the environment is achieved.”
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Structure Plan Policy – (Argyll and Bute Structure Plan 2002 (approved 30th November 2002)
STRAT SI 1 Sustainable development—will seek to : h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; i) respect the character of an area and the setting and character of settlements; j) avoid places where there is a significant risk of flooding;
STRAT DC1 Development within settlements - encourages appropriate infill, rounding off and redevelopment sites. Developments which do not accord with this policy are those which are essentially incompatible with the close configuration of land uses found in settlements e.g. development which results in excessively high development densities, settlement cramming or inappropriate rounding off on the edge of settlements.
STRAT FW 2 Development Impact on Woodland
Development shall not damage or undermine the key environmental features of important woodland areas including the following categories: (A) woodland areas and trees which have been mapped for safeguarding in Argyll and Bute Local Plans or are protected by Tree Preservation Orders
Cowal Local Plan 1993 (adopted 1995)
Policy HO 8: ‘Within the settlements including Innellan, the Council will encourage infill, rounding off and redevelopment related to the existing built form... Regard will be had to the to the principles set out in the Government’s Planning Advice Note 36. Proposals that do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse visual or environmental impact will normally be resisted.’
POL BE9 ‘Layout and Design of Urban Development ‘ reference is made to the importance of ensuring that the character of many areas of existing development needs to be protected, including fine Victorian Villas and more traditional vernacular architecture. In addition to the design of individual buildings, the character of existing buildings and surrounding areas should be respected.
POL BE 8 Tree groups and woodlands
“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’’
Argyll and Bute Local Plan Consultative Draft 2003
With respect to the emerging District Wide Local Plan, the following policies are applicable:
Policy STRAT DC 1 ‘Development within the Settlements’
This policy seeks to encourage development within the small towns and villages (such as Innellan) serving a local community interest up top and including medium scale development on appropriate infill, rounding-off and redevelopment sites. Developments, which do not accord with this policy, are those, which are essentially incompatible with the close configuration of land uses found in settlements or developments, which result in settlement cramming or inappropriate rounding-off on the edge of settlements.
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Policy SI 1 – ‘Sustainable Development’
The key principles of this policy seek to – (h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; (i) respect the character of an area and the setting and character of settlements; (j) avoid places where there is a significant risk of flooding; (k) avoid having an adverse effect on land and water quality.
Policy E10 –‘Development Setting, Layout and Design
This policy seeks a general uplifting of design standards in respect of development setting, development layout and density and development design. The policy specifically states : (A) Development shall be sited and positioned so as to harmonise with the key features of the settlements. Developments, which do not satisfactory harmonise with their settings and surroundings will be resisted; (B) Development layout and density shall effectively integrate with the setting of the development. Layouts shall be adapted to take into account the location or sensitivity of the area. Development with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.
Policy H 1 – ‘Housing Development’
In the Argyll and Bute Local Plan 2003, the application site is located within the defined village envelope and settlement pattern of Innellan. Policy H1 ‘Housing Development’ states that housing development for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.
Policy H4 Housing layout and design- encouragement to traditional, innovative and sympathetic housing development layout and design which are appropriate to the village. Housing layouts and designs judged to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted.
Policy S2 – Sustainable Urban Drainage Systems
A) development proposals shall ensure that their arrangements for foul water and surface water drainage are effectively separated to satisfy the requirements for sustainable urban drainage systems in accordance with B) below; B) Surface water drainage arrangements shall be resisted and may be refused planning permission when :
2. the surface water arrangements are significantly prejudicial to adjacent land, property, accesses, roads or infrastructure.
B. OTHER MATERIAL CONSIDERATIONS
(i) Site History
While there is no relevant site history in this instance. This application was validated in 2002 during which time the applicant has employed three agents and despite requests to formally withdraw the application, that was widely anticipated, the applicant now wishes that this application is now determined.
Members should also be aware that an outline application (ref. 04/00404/OUT) for three dwellinghouses on a field adjacent to the application site, has been placed before the area Committee, recommended for refusal.
(ii) Consultations
Scottish Water (response dated 5th March 2002) : There are no known sewers to which a connection may be made. If a septic tank is utilised it must be sited in such a manner as to allow easy access for emptying by tanker.
Area Roads Manager (response dated 4th March 2002) : No objection subject to conditions and advisory notes. The site is located on the east side of Wyndham Road (U31), Innellan. Wyndham Road is approximately 4.2 metres wide with a 2.0 metre wide grass verge adjacent to the proposed
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development. The required sightlines can be achieved by removing a tree, which encroaches into the road, hedges etc. and the post and wire fence on top of the stone boundary wall. The access to be formed as a bellmouth 5.5. metres wide for the initial length, in accordance with the development guidelines. A dropped kerb, with 20mm upstand, to be provided along the edge of the road at the access bellmouth. The gradient of the initial 5mete length should not exceed 3% and the desirable maximum gradient for the remainder should not exceed 10% with the absolute maximum being 12.5%. Parking for two vehicles within each site and a turning area on the access road complying with the dimensions of the Development Guidelines are required. A system of surface water drainage to be provided to prevent water passing onto the road and also to pass water onto neighbouring properties in a controlled and agreed manner. A Road Opening Permit will be required.
Building Control (response dated 29th January 2002) :Warrant required – consistent with most ground in the Innellan area, rock material is very close to the surface and as such may give rise to problems in accommodating a septic tank and discharge system. Connection to public sewer is preferable.
Scottish Environmental Protection Agency (response dated 12th February 2002) : No objection to the proposal. SEPA do not intend to pursue a consent for the discharge to the total soakaway. Accordingly, the matter is referred to the Building Control Department.
(iii) Publicity
The proposals were advertised under Article 9 & Article 18 (vacant land & potential departure – publication date 8th February 2002). Having regard to PAN 40 ‘Development Control’ the department wrote to those residents (letter dated 20th August 2004) to advise that their original letters of representation would be considered. Any additional letters, as may be received, will be brought to the attention of the Area Committee.
Letters of representation have been received from Mr & Mrs Crae, Joppa Cottage, Shore Road, Innellan (letter dated 18th February 2002), Mr & Mrs Gray, Joppa House, Innellan (letter dated 12th February 2002 and fax message dated 13th February 2002), Mrs. Thomson, Joppa House, Innellan (letter dated 16th February 2002), Patricia Ferguson, Seaford House, 14a Shore Road, Innellan (letter dated 18th February 2002), Mrs. E. Tyrell, Struan, Shore Road, Innellan (letter received 19th February 2002), Mr & Mrs Jackson, 74b Shore Road, Innellan (letter dated 18th February 2002), in which the following concerns were raised :
i. Very little information in the outline application; To state that drainage arrangements are not applicable is a major oversight;
Comment : The Planning Authority has requested additional information regarding proposed drainage arrangements under Article 13 Direction Order. See Assessment.
ii. Problems of drainage and risk of contamination to properties below; Existing drainage system unable to cope with volume of water coming from higher ground. Numerous incidents of flooding and damage to properties.; Soakaway would drain directly onto adjacent land. Surface water run-off from tarmac or concrete areas; Contamination of the burn. Drainage, sewerage and run-off water as the houses at sea level on Shore Road have suffered in the past from flooding coming from the fields above i.e. the proposed site and the adjacent field (i.e. the subject of application 04/00404/OUT). There is a drop in height of almost 50 metres from Wyndham Road to the garden grounds below.
Comment : The Planning Authority has requested additional information regarding proposed drainage arrangements under Article 13 Direction Order. See Assessment.
iii. Access to be from Wyndham Road only; Newton Lane shown to be in applicant’s control
Comment : This aspect has been addressed in the assessment below.
iv. Setting a precedent which could affect the amenity of the entire village.
Comment : This aspect has been addressed in the assessment below.
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v. Area of proposed development covered by a Tree Preservation Order, and is the habitat of the Red Squirrel, an endangered species.
Comment : The site lies in proximity to, but outwith an area covered by a Tree Preservation Order.
vi. Difficult to tell whether proposed development would be visible above the protected wooded higher ground which runs behind the houses on Shore Road and which is so characteristic of the pleasing aspect of this part of Innellan, which comes under the protection of Townscape Policy BE3
Comment : This aspect has been addressed in the assessment below.
vii. Tandem development
Comment : This aspect has been addressed in the assessment below.
viii This area is characterised by large Victorian villas set within large gardens which will be devalued by this development, if permitted and establish a precedent for backland development within this part of Innellan.
Comment : This aspect has been addressed in the assessment below.
Assessment
This outline application relates to a steeply sloping field, located south east of Wyndham Road, Innellan. The site slopes steeply from west to east. The application site is bounded by another sloping field to the south-west (and the subject of a similar outline application for 3 houses, ref. 04/00404/OUT). The site extends as far as Newton Lane to the south-west, which is a private lane serving other properties. The application site backs onto land to the rear of properties: Auchnastruan, Struan, Seaford Cottages and Seaford House below on Shore Road. A strip of land on the southern portion of the site approximately 20 metres wide, is covered by the Wyndham Road Tree Preservation Order (ref. TPO 09/93). The indicative layout submitted suggests that this area of protected trees would not be directly affected by this proposal.
The application site lies immediately adjacent and overlooks the Innellan Townscape Policy Area, which is characterised by large detached villas set within generous curtilages.
The submitted plan indicates the footprints of four dwellings regimentally spaced within the site that has been quartered into four equally sized plots. Two dwellings (Plot 1 and 2) are shown facing Wyndham Road while the other two dwellings (Plots 3 and 4) are shown immediately behind in tandem fashion. A new central access is to be formed from Wyndham Road into the heart of the site, but there are no further details at this stage.
The surrounding area along Wyndham Road and Newton Road is primarily characterised by large detached dwellinghouses that are situated within generous curtilages in a single tier linear format each of which has a roadside frontage. These properties tend to be positioned and set back slightly from the road with generous curtilage area to both the front and rear. There are however two properties between Newton Road and Wyndham Road which are ‘sandwiched’ between existing houses. However both are accessed directly from Newton Road and have a roadside frontage and are a consequence of the historical development of Innellan.
The siting of four dwellinghouses within this location between the established building lines along Newton Road and Wyndham Road will result in the establishment of a third tier of development at variance to and contrary to the established settlement pattern.
In order to accommodate the four dwellings proposed this would inevitably result in the siting of the two house Plots (Plots 1 and 2) decidedly close to Wyndham Road projecting forward of other established properties fronting Wyndham Road which tend to be set back around 10 metres from the road frontage. The indicative layout for Plots 1 and 2 suggests the dwellings would be sited around 7 metres from the road frontage. Repositioning the dwellings further back into the site in order to have due regard to the established settlement pattern and building line would result in cramped and further incongruous development that would be at odds with the established character of the area. The site
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layout suggest a central access road and parking and turning area within the heart of the site an attribute that is not apparent within the wider area.
Planning Circular 4/1998 ‘The use of planning conditions in planning permissions’ reminds that “Conditions can be imposed on a grant of a planning permission to enable development proposal to proceed where it would otherwise have been necessary to refuse permission”. Whilst acknowledging that the siting of the four dwellings within the site is ‘indicative’, the department is not satisfied that suitable planning conditions could be imposed on this outline application relative to the siting of the houses in order to make the development any more acceptable having regard to development plan policy, government advice and the established character of the area. To do so would leave a legacy for the Planning Authority to deal with without essential planning objectives being achieved.
It is considered that the site does not relate to either the building line or settlement pattern of either Newton Road or Wyndham Road. This site is steep and given the topographic constraints that exist, such a development would be incongruous when considered in the wider settlement pattern of this area.
To allow four dwellings in this locale would establish precedent for similar developments and plot sub- division within the localised area. The cumulative effect of the same would undoubtedly lead to an erosion in the character of the area by its cramped appearance and the establishment of a third tier, contrary to the surrounding settlement pattern which would serve to undermine the provisions of Policy POL HO 8 of the Cowal Local Plan. There may however be scope to develop the site for possibly two dwellinghouses fronting Wyndham Road, which could retain and strengthen the existing building line.
Privacy and Amenity
The department equally has concerns regarding the standards of privacy and amenity that potential occupiers of the four house plots, and their successors, would be afforded. Due to the proposed ‘quartering’ of the site and a central access road and turning area, it is difficult to envisage how private amenity areas could be provided at the two plots (Plots 1 and 2) fronting the site without the introduction of high walls or fences around the side and rear boundaries of the plots. Such a feature would be necessary to provide a basic standard of amenity to the rear garden areas but equally, if conditioned accordingly, would add to a development layout that is more characteristic of an urban area rather than this part of Innellan The rear gardens of Plots 3 and 4 would have limited rear amenity area, a fraction of that ready available for other established properties within the vicinity of the site.
Trees
An extensive tree preservation order was imposed on an area of mixed woodland eleven years ago in 1993 (TPO reference 09/93) although no review of the boundary and extent of the area covered by the tree preservation area have been undertaken in the intervening years. Although no part of the site lies within this protected area, nevertheless there is an important belt of mature and semi mature trees, particularly towards the southern part of the site in that are primarily covered by Plot 3. This woodland particularly when viewed from Shore Road and Wyndham Road provides an extensive and continuous tree canopy that is a key environmental feature of this area set against the large established residences of Wyndham Road and Shore Road.
It is inevitable that should permission be granted that trees would require to be felled. It simply cannot be the case that the indicative siting of the dwelling at Plot 3 could be positioned closer to Plot 1 to ameliorate this issue. This would only serve to detract further from the established settlement pattern and character of the area. It should be borne in mind that it is not just the trees but their extensive root systems that are also worthy of protection or retention. Established development Local Policy BE8 and Draft Policy FW2 presumes against the destruction of trees and woodlands the subject of tree preservation orders or “existing tree groups and belts of trees within or directly adjacent to built up areas.” and this key environmental feature which is an important characteristic of this part of Innellan should be retained as a matter of principle to ensure that the character of the area would not be seriously devalued.
Sewerage disposal and Flooding
Almost all of the representations received, mention previous incidents of flooding from this higher site. The issue of flooding has quite rightly been given paramount impotence by Central government
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resulting in a revision of NPPG 7 in the form of SPP7 ‘Planning and Flooding’ and more recently by an accompanying Planning Advice Note 69 ‘Planning Advice and Building Standards Advice of Flooding’.
Not only is the issue of flooding a material consideration but also, in particular, any new development should not materially increase the probability of flooding elsewhere. The decision makers must ask whether on the basis of the information supplied, they can with confidence indicate to surrounding residential properties who have expressed concerns in this regard, that such matters can adequately be addressed having also having regard to the precautionary principle.
In terms of sewerage arrangements Scottish Water confirmed that there were no public sewers available thus a septic tank or bio disc and soakaway is proposed, the position which is shown at the south eastern extremity of the site and closest to residential properties below, and who have expressed the greatest concerns and experience of flooding in the past.
Given that the applicant now intimated that the application was not to be withdrawn, in a letter to the applicant’s agent, dated 18th June 2004, a request for additional information was made under Article 13 of the Town and Country Planning (General Development Procedures)(Scotland) Order 1992. The department requested details of proposed drainage arrangements particularly when it is bone in mind that that “consistent with most ground in the Innellan area, rock material is very close to the surface and as such may give rise to problems in accommodating a septic tank and discharge system”.
As part of the information required, and in order to satisfy the department that the increase risk of flooding would not materially change, and to prevent the potential for the issuing of an un- implementable planning permission, details of the following matters were requested together with the agent’s response, letter dated 8th July 2004:
1. Provide details and nature of the underlying ground/soil conditions. You may wish to provide details of any ‘trial test pit digs to determine the position of the water table and soil type and conditions and results of any percolation tests.
Agents comments (letter dated 8th July 2004): A walk on site and a geology map will give you this information, the local authority will already posses. Given that the site is on a fair slope and eventually drops off a cliff face to the foreshore, the water table is unlikely to be an issue. I do not wish to provide trial pit information at this time.
2. Underlying geology of the site.
Agents comments (letter dated 8th July 2004): A geology map will give you this information, the local authority will already posses and should be sufficient for your purposes at this time.
3. Whether the ground is liable to flooding.
Agents comments (letter dated 8th July 2004):The site slopes quite noticeably and the only flooding was across the bottom of the site due to a broken main on the main road to the north of the site. You will be aware of this and it was fixed some time ago now.
4.Nature of the sub-soil.
Agents comments (letter dated 8th July 2004) Tests would be carried out as part of the structural engineers desk top study as the appropriate time which is RIBA Stage B
5. Proximity of underground services.
Agents comments (letter dated 8th July 2004) They are at the road. Service enquiries will be sent out by this office at RIBA Stage C
6. Site topography and local drainage patterns.
Agents comments (letter dated 8th July 2004): The site slopes towards the sea, as can be seen from a contour map. Detailed topography issue will of course be addressed at house design stage.
7. Whether water is abstracted for drinking.
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Agents comments (letter dated 8th July 2004):Water for drinking for human consumption is not happening at the present time and its not envisaged.
The information as supplied above does little to convince that a septic tank or bio disc with soakaway can be installed without any potential risk of public health and amenity concerns via effluent seepage to properties below.
Surface Water Run Off and Flooding
It is conceivable that a SuDs scheme may be possible to deal with surface water run off, but this is not known and hypothetical, Pan 69 indicates that “at the outline planning application stage the drainage assessment should indicate whether the sub soil is suitable for the infiltration of SuDs, and the scale of system required.” The sub soil is not known although building control has expressed concern of the presence of rock close to the surface.
With regard to all information submitted to date, the department cannot be wholly satisfied that this matter can be conditioned and such information is required now and part of the determination of this application. In its absence refusal on this ground is equally justified if residential properties below and their amenity are to be fully protected.
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This page is intentionally left blank Page 101 Agenda Item 7g
DEVELOPMENT SERVICES Local Member - Councillor D. Walsh PLANNING APPLICATION REPORT Date of Validity - 3rd June 2004 Bute & Cowal Area Committee Committee Date - 7th September 2004
27th August 2004
Reference Number: 04/00404/OUT Applicants Name: Mr. Eric Hopkins Application Type: Outline Application Description: Erection of 3 dwellinghouses and formation of new vehicular access Location: Land adjacent to Ashgrove, Wyndham Road,Innellan, Argyll.
(A ) THE APPLICATION
(i) Development Requiring Express Planning Permission:
Erection of three dwellings; indicative layout shows one plot fronting Wyndham Road, with two plots immediately behind.
Formation of a new vehicular access (indicative only), from Wyndham Road.
Other Operations
Connection to public water main.
Connection to public sewer
(B) RECOMMENDATION It is recommended that planning permission be refused for the nine reasons set out in this report.
(C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The details submitted with this application are insufficient to enable the decision maker to support the proposed development. The indicative layout of the three dwellings serves little, if any useful purpose and the information submitted with this application falls well short of what could reasonably be expected having regard to the site characteristics. There are concerns relative to the principle of three dwellings, tandem development, siting, plot ratio, underbuilding, trees, the burn and flooding. The department is conscious of a recent appeal decision that was dismissed (Scottish Executive ref P/PPA/130/95) in so far as such concerns cannot simply be ‘conditioned away’ for to do so would leave a difficult legacy for the Planning Authority to attempt to resolve.
The surrounding area is primarily characterised by large detached dwellinghouses that are situated within generous curtilages. The siting of three dwellings on this steeply sloping greenfield site and garden plot, between Wyndham Road and Shore Road between the established building lines is at variance and contrary to the established settlement pattern of the area. As such its development would be incongruous leading to tandem development and would undermine the provisions of Policy POL HO 8 of the Cowal Local Plan, in addition to National Planning Policies and Guidelines.
Such new dwellings would punctuate the extensive tree canopy that forms a distinctive and important key environmental feature when viewed from Shore Road contrary to adopted Policy BE8 and Policy FW2 and E10 of the Draft Argyll and Bute District Plan 2003. It is difficult to accept that such development would sensitively harmonise with the settings and surroundings, whilst such permission if granted would equally establish a precedent and further plot sub-division within the area, cumulatively eroding the character of the immediate area by overdevelopment.
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Seven letters of objection have been received from local residents most affected by the proposed development, a significant number for Innellan having regard to the scale of development proposed. In terms of potential flooding, local residents have expressed concerns, which is quite understandable given the history of flooding and for which no details have been submitted despite a significant engineering operation on this steeply sloping site being necessary.
.
Angus J Gilmour Head of Planning Services
"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".
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00404/OUT
1. The central characteristic feature of the settlement pattern of this part of Wyndham Road is of large detached imposing dwellings set back a considerable distance back from Wyndham Road within large curtilages facing the River Clyde. The extensive tree canopy forms a distinctive and important key environmental feature when viewed from Shore Road Innellan. Having regard to the character of the existing settlement pattern and density, the proposed three randomly sited dwellings would result in incongruous tandem development of the site that is at variance and contrary to the established low-density settlement pattern of the area, which would constitute an alien feature.
In particular by encroaching into the extensive tree canopy that is a key environmental feature, rather than nestling adjacent to it, such new dwellings would incongruously loom out of the woodland and /or punctuate gaps within it contrary to the principles of sustainable development and that of protecting and enhancing the quality of the environment as identified in Scottish Planning Policy SPP1 “The Planning System” (November 2002) in that such dwellings would not maintain and reflect the immediate character of the area and the wider settlement pattern. The proposed development would therefore be contrary to the general principles of Scottish Planning Policy SPP3 “Planning for Housing”, Planning Advice Note 67 - ‘Housing Quality, which advises that:
“Infill sites can often make a useful contribution to the supply of housing land. Planning authorities should ensure that infill development respects the scale, form and density of its surroundings and enhances rather than detracts from the character and amenity of existing residential areas. Care should be taken that the individual and cumulative effects of infill can be sustained by the social and economic infrastructure and do not lead to over-development. These principles apply equally to development in the gardens or grounds of existing houses or on backland sites in urban, suburban or village locations”.
(SPP3 “Planning for Housing” para 34)
“The design of a successful place will begin with understanding how new housing can be connected to the settlement patterns of an area. The combination of layout of buildings, streets and spaces should create local identity, and contribute positively to the character of towns and villages”.
“New housing should take account of the wider context and be integrated into its wider neighbourhood, where issues to consider include the topography of the site and its relationship to adjacent sites and natural and built features ..” (Planning Advice Note 67 - ‘Housing Quality”)
2. Having regard to the character of the existing settlement pattern and density, which generally comprises of large detached dwellinghouses that are situated within generous curtilages, the proposed plot ratio/layout of three dwellings is at variance and contrary to the established settlement pattern of the area and would constitute an alien and incongruous feature resulting in incongruous tandem development of the site. Accordingly, the development would be contrary to the Policy STRAT SI 1 ‘Sustainable development’ and STRAT DC1 ‘Development within Settlements’ of the Approved Argyll and Bute Structure Plan 2002 that seeks to :
h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; i) respect the character of an area and the setting and character of settlements;
(Policy STRAT SI 1 Approved Argyll and Bute Structure Plan 2002)
“(D) Developments which do not accord with this policy…are essentially incompatible with the close configuration of land uses found in settlements….or development which results in excessively high development densities, settlement cramming or inappropriate rounding off on the edge of settlements”
(STRAT DC1 ‘Development within Settlements’ of the Approved Argyll and Bute Structure Plan 2002)
(Continued)
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00404/OUT (Continued)
3. The siting of three dwellings would be detrimental to and erode the existing character of the immediate settlement pattern of the area that is characterised by large detached dwellinghouses that are situated within generous curtilages. The siting of three dwellings on this greenfield/garden steeply sloping site between Wyndham Road and Shore Road between the established building lines is at variance and contrary to the established settlement pattern of the area. As such its development would be incongruous and would undermine the provisions of Policy HO 8 of the Cowal Local Plan 1993 (adopted 1995) that states that:
‘Within the settlements including Innellan, the Council will encourage infill, rounding off and redevelopment related to the existing built form... Regard will be had to the to the principles set out in the Government’s Planning Advice Note 36. Proposals that do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse visual or environmental impact will normally be resisted.’
4. The indicative layout depicting the regimental spacing of three dwellinghouses fails to respect the existing settlement pattern with regard to the building line, plot ratio and density. Accordingly, given the proposed layout of the three dwellings, which constitute ‘tandem’ development, this would be contrary to Policy BE9 of the Cowal Local Plan 1993 (adopted 1995) and Policy H4 and Policy E10 of the Argyll and Bute Draft District Wide Local Plan 2003 which states that:
“The Council will seek to achieve a high standard of layout and design where new urban developments are proposed. Proposals for new development should have regard to the Councils published design guidelines and development standards”
(Policy BE9 of the Cowal Local Plan 1993) “encouragement shall be given to traditional, innovative and sympathetic housing development layout and design which are appropriate to the village. Housing layouts and designs judged to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted.
(Policy H4 of the Argyll and Bute Draft District Wide Plan 2004)
A) “Development shall be sited and positioned so as to harmonise with the key features of the settlements. Developments, which do not satisfactory harmonise with their settings and surroundings will be resisted; (B) Development layout and density shall effectively integrate with the setting of the development. Layouts shall be adapted to take into account the location or sensitivity of the area. Development with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.”
(Policy E10 of the Argyll and Bute Draft District Wide Plan 2004)
5. The erection of dwelling(s) that would puncture the extensive tree canopy that forms a distinctive and important key environmental feature when viewed from Shore Road Innellan. Having regard to the boundaries of the application site, the area along the south-eastern boundary, covered by a Tree Preservation Order (Reference 09/93) would be encroached in that the proposed development would have serious implications for the area of protected woodland resulting in the felling of trees and/or development in such close proximity to such protected trees that would undermine their root systems. In addition, a deciduous copse within the central part of the site and not currently protected by a tree preservation order would inevitably be required to be felled having regard to extensive engineering operations necessary to accommodate the development, including issues pertinent to the burn which runs through the site. This would be contrary to Policy BE8 – Tree Groups and Woodlands of the Cowal Local Plan 1993 and Policy FW2 of the Draft Argyll and Bute Draft District Plan 2003 Accordingly the proposed development would be contrary to:
“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’’ (POL BE 8 of the Cowal Local Plan 1993):
“Development shall not damage or undermine the key environmental features of important woodland areas including the following categories: (A)Woodland areas and trees which have been mapped for safeguarding in Argyll and Bute Local Plans or are protected by Tree Preservation Orders.” (STRAT FW 2 Draft Argyll and Bute Draft District Plan 2003) (Continued)
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REASONS FOR REFUSAL RELATIVE TO APPLICATION 04/00404/OUT (Continued)
7. The area has experienced“ a history of flooding” and the site being steeply sloping and greenfield could, when developed, exacerbate the already delicate watercourse situation. A burn runs through the site with insufficient details submitted as to the location of its outfalling. Given that Newton Lane with restricted width, inadequate surface, alignment and poor sightlines is unsuitable for additional vehicular movements in order to accommodate the proposed development the siting of the two proposed dwellinghouses(Plots) at the southern part of the site would be required either side of the burn that has steep ground conditions either side. This would require an extensive engineering operation, including the potential culverting or bridging of the burn for which no details have been submitted and in the absence of such details the proposed development may lead to localized flooding contrary to SPP7 which states that:
“ Drainage measures proposed as part of a planning application should have a neutral or better effect on the risk of flooding both on and off the site. Planning authorities have a duty to consult Scottish Water and SEPA….. Existing watercourses should not be culverted as part of new development unless there is no practical alternative. If they are unavoidable they must be designed to maintain or improve existing flow conditions and aquatic life. Issues of ownership and maintenance must be addressed.”
8. Concerns have been expressed from residents, and those in closest proximity to the site of experience of flooding. Having regard to the PAN 61 ‘Planning and Sustainable Urban Drainage Systems’, and development plan polices relative to flooding. Insufficient information has been made available to conclusively demonstrate that the proposed development would not have an adverse impact on dwellings and land below in respect of adequate measures to deal with surface water run off and given the likelihood of rock beneath the surface. Without such necessary information, which may include a full drainage assessment, this may lead to localised flooding of properties below the site fronting Shore Road, Innellan to their detriment contrary to Pan 69 ‘Planning and Sustainable Urban Drainage Systems’ that indicates:
“At the outline planning application stage the drainage assessment should indicate whether the sub soil is suitable for the infiltration of SuDs, and the scale of system required.”
(PAN 61 ‘Planning and Sustainable Urban Drainage Systems’)
9. The indicative layout and the information submitted with this application falls short of what could reasonably be expected having regard to the site characteristics. The submitted application provides insufficient detail particularly given the absence of cross sections, ground profiles, extent of excavation works, tree felling, engineering operations to negotiate the burn, the use of the existing access, geology and in relation to surface water run off and drainage assessment.
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APPENDIX RELATIVE TO APPLICATION 04/00404/OUT iv) OTHER MATERIAL CONSIDERATIONS
(i) Site History
Ref: 02/01552/DET: Removal of static residential caravan and the erection of a double garage and alterations to existing access granted on 10th October 2002. This permission was granted subject to five conditions including condition 3 that specified the ‘type and colour of materials’ ie Spanish slate roof and white wet dash render.
Members should also be aware that an outline application (ref. 02/00033/OUT) for four dwellinghouses on a field adjacent to the application site has been placed before the Area Committee, recommended for refusal.
(ii) Consultations
Scottish Water (response dated 28th June 2004) : Comments regarding existing public water mains and public sewerage system, which it may be possible to connect to.
Area Roads Manager (response dated 29th June 2004) : No objection subject to conditions and advisory notes. The site is located on the east side of Wyndham Road (U31), Innellan. The site is slopes steeply away from the road and is partially occupied by a double garage currently under construction and also animal outbuildings on the southern side of the plot. These buildings are not shown on the submitted plans, therefore there is some dubiety on the shown proposed access road position. Site definition and layout is required.
The site being steeply sloping and currently greenfield could, when developed, exacerbate the already delicate watercourse condition. Roads note that the watercourse is indicated as leading into 75-76 Shore Road – there is no sign of this watercourse outfalling to the shore and it has to be assumed that either this leads into the foul sewerage system or is somehow diverted to Seaford Cottages / Joppa House where there is a history of flooding. Measures will be required to ensure that no additional or increased peak water flow is directed to the downstream watercourse.
There is an existing field access to the property, but a new wider access will be required with footway crossing to Fig. 10.16 at 5.5. metres wide for 12.0 metres back from the rear of the footway and at a gradient not exceeding 3% for the first 5.0 metres from the back of the footway. Sightlines are in excess of 100 metres northwards but restricted to 20 metres southwards by vegetation at the roadside of the boundary wall - with this vegetation cleared the sightline south will be in excess of 50 metres. Parking and turning for 2 vehicles within each plot will be required. A Road Opening Permit will be required for footway crossing and public utility connections.
Building Control: Warrant required – regarding sewerage and drains (rainwater) from property. (land is below level of Wyndham Road). Will a septic tank be installed or drains should be taken to Shore Road. Groundwater and run-off from road should be disposed of properly.
iv) Publicity
The proposals were advertised under Article 9 & Article 18 (vacant land & potential departure – closing date 9th July 2004). Letters of representation have been received from Mr & Mrs Crae, Joppa Cottage, Shore Road, Innellan (letter dated 26th March 2004 with a previous letter of 18th February 2002 attached regarding the proposed 4 house scheme adjacent), Mrs. P. Mathieson, Broom Lodge, 19 Wyndham Road, Innellan (letter dated 18th March 2004), Mary Morrison, Joppa House, Innellan (letter dated 17th March 2004), Mrs. E. Tyrell, Struan, Shore Road, Innellan (letter dated 17th March 2004), Mr & Mrs Gray, Joppa House, Innellan (letter dated 16th March 2004), Mrs. C. Campbell, Auchnastruan, Shore Road, Innellan (letter dated 15th March 2004), Mr. Hugh Miller, Seaford
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Cottages, 74 Shore Road, Innellan (letter dated 24th June 2004), in which the following concerns were raised :
Many of the concern raised area exactly the same as was originally submitted for Mrs. Kohls application (ref.02/00033/OUT); which were:
i. Very little information in the outline application; To state that drainage arrangements are not applicable is a major oversight;
Comment: The Planning Authority requested basic additional information regarding proposed drainage arrangements under Article 13 Direction Order, see assessment.
ii. Problems of drainage and risk of contamination to properties below; Existing drainage system unable to cope with volume of water coming from higher ground. Numerous incidents of flooding and damage to properties.; Soakaway would drain directly onto adjacent land. Surface water run-off from tarmac or concrete areas; Contamination of the burn. Drainage, sewerage and run-off water as the houses at sea level on Shore Road have suffered in the past from flooding coming from the fields above i.e. the proposed site and the adjacent field (i.e. the subject of application 02/00033/OUT). There is a drop in height of almost 50 metres from Wyndham Road to the garden grounds below.
Comment : This aspect has been addressed in the assessment below.
iii. Access to be from Wyndham Road only; Newton Lane shown to be in applicant’s control
Comment: This aspect has been addressed in the assessment below.
iv) Setting a precedent which could affect the amenity of the entire village.
Comment : This aspect has been addressed in the assessment below.
v. Area of proposed development covered by a Tree Preservation Order, and is the habitat of the Red Squirrel, an endangered species
Comment: The applicant states that the area of the proposed development has a Tree Preservation Order which is unaffected by the proposals, a view that is not shared by the department, see assessment. The applicant indicates that that Red Squirrels have never been seen on the site.
vi. Difficult to tell whether proposed development would be visible above the protected wooded higher ground which runs behind the houses on Shore Road and which is so characteristic of the pleasing aspect of this part of Innellan, which comes under the protection of Townscape Policy BE3
Comment : See assessment.
vii. Many of the representations refer to ‘tandem’ development and the precedent set for similar proposals.
Comment: The applicant suggests that there are numerous examples of ‘tandem’ development within the vicinity.
viii) This area is characterised by large Victorian villas set within large gardens which will be devalued by this development, if permitted and establish a precedent for backland development within this part of Innellan.
Comment : This aspect has been addressed in the assessment below.
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(v) Information submitted by the applicant/agent.
This application was received on 15th March 2004 and found to be invalid. It was finally validated on 3rd June 2004.
During the course of this application very many letters have been submitted by the applicant/agent (available for inspection on the planning file). An Article 13 Direction was invoked requesting basic clarification as to the proposed drainage arrangement ie whether main drainage, septic tank of bio disc would be utilised given that Pol PU2 of the adopted Cowal Local Plan 1995 may be relevant and with regard to the known absence of sewers at he adjoining land.
During the course of the application the applicant invoked the ‘complaints procedure’ that was dealt with. A consistent theme has been the intention of referral to the local government ombudsman and more recently intimating an appeal against no determination under Section 47 of the Town and County Planning (Scotland) Act 1997. At the time of writing the Scottish Executive have not indicated that an appeal against ‘non determination’ has been received which would restrict determination of this application. Whilst many points are raised during correspondence the most salient points are as follows:
• Proposed areas of rear garden of Ashgrove is some 2150 metres square (0.53 acre), which is more than sufficient for one dwelling and larger than most house plots in the Innellan/Toward area.
• Concern of tandem development can be demonstrated in over one hundred locations in Argyll and Bute.
• Lismore (Wyndham road) has been built on the seaward side of Kylemouray, recent planning approval of dwelling being built on the seaward side of Southview.
• Newton houses relation to Broom Lodge is (Wyndham road) is tandem development.
• Soil waste would be taken to a sewer or treated on site. The existing drain that lies within the curtilage of the site could be used. If not practical I do no use septic tanks due to their toxicity but would use a bio disc treatment plant.
• Detailed drainage proposals would be submitted with a detailed application.
• With regard to surface water a detailed rainwater system would be designed at detailed planning submission. No doubt that a rainwater system would help the problems encountered regarding run off from the proposed site.
• Tree preservation order will not be affected by the proposals.
• Understand that a burst water main resulted in flooding problems. That problem was resolved and recorded at the time.
• Building in rear garden of Ashgrove is not a precedent as this has received approval on numerous occasions.
• Red squirrels have never been seen on the proposed site checked with previous owners of Ashgrove.
• Previous letters make it quite clear that no further design proposals will be submitted.
• No intention to interrupt views.
• No confidence in the complaints system, ‘wall of silence’, blatant maladminstration.
• Informed the department on 21st August 2004 that a new agent was appointed.
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(B) POLICY OVERVIEW
National Policy
Scottish Planning Policy SPP1 “The Planning System” including the promotion of ‘sustainable development’, which states that both the short-term and the long-term consequences of development plan policies, must be considered from the outset. Planning decisions should favour the most sustainable option, promoting development that safeguards and enhances the long-term need of the economy, society and the environment.
Scottish Planning Policy SPP3 – “Planning for Housing”. “Good housing in the right locations makes an important contribution to achieving Scottish Executive policy objectives.” (SPP3, “Planning for Housing” Para 1)
“The planning system should therefore seek to create quality residential environments and guide development to the right places.” (SPP3, “Planning for Housing” Para 5)
“Infill sites can often make a useful contribution to the supply of housing land. Planning authorities should ensure that infill development respects the scale, form and density of its surroundings and enhances rather than detracts from the character and amenity of existing residential areas. Care should be taken that the individual and cumulative effects of infill can be sustained by the social and economic infrastructure and do not lead to over-development. These principles apply equally to development in the gardens or grounds of existing houses or on backland sites in urban, suburban or village locations”. (SPP3 “Planning for Housing” para 34)
Planning Advice Note 67 - ‘Housing Quality” advise that, “the design of a successful place will begin with understanding how new housing can be connected to the settlement patterns of an area. The combination of layout of buildings, streets and spaces should create local identity, and contribute positively to the character of towns and villages.”
Furthermore, “new housing should take account of the wider context and be integrated into its wider neighbourhood, where issues to consider include the topography of the site and its relationship to adjacent sites and natural and built features ..”.
SPP7 ‘Planning and Flooding’- “Flood risk is a material planning consideration for a wide range of sites including those with a history of flooding… including....those with drainage constraints or otherwise poorly drained….. very careful consideration must be given to those development proposals for which a flood would have especially serious adverse consequences”.
PAN 61 ‘Planning and Sustainable Urban Drainage Systems’ - “all proposals for development should therefore take account of potentially increased surface water run off. This can increase the flows downstream and so increase the risk of flooding. This is particularly so for development on greenfield sites…. where the existing drainage system may not have the capacity or be in a fit condition to carry the additional drainage without substantial reconstruction.”
PAN 69 Planning and Building Standards Advice on Flooding – “The potential of garden ground and other open space to become waterlogged or suffer from localised flooding is something to be considered from the earliest stages of site proving”.
“Where it is not reasonable to connect to a public sewer.. then discharge should be to a private wastewater treatment plant of septic tank…. The discharge can however still be harmful and will require great care when discharging to ground to ensure a suitable level of protection of the environment is achieved.”
Structure Plan Policy – (Argyll and Bute Structure Plan 2002 (approved 30th November 2002)
STRAT SI 1 Sustainable development—will seek to : h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; i) respect the character of an area and the setting and character of settlements;
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STRAT DC1 Development within settlements - encourages appropriate infill, rounding off and redevelopment sites. Developments which do not accord with this policy are those which are essentially incompatible with the close configuration of land uses found in settlements e.g. development which results in excessively high development densities, settlement cramming or inappropriate rounding off on the edge of settlements.
STRAT FW 2 Development Impact on Woodland
Development shall not damage or undermine the key environmental features of important woodland areas including the following categories: (A) Woodland areas and trees which have been mapped for safeguarding in Argyll and Bute Local Plans or are protected by Tree Preservation Orders
Cowal Local Plan 1993 (adopted 1995)
Policy HO 8: ‘Within the settlements including Innellan, the Council will encourage infill, rounding off and redevelopment related to the existing built form... Regard will be had to the to the principles set out in the Government’s Planning Advice Note 36. Proposals that do not relate to the existing built form will be assessed for servicing and environmental implications. Those considered to have an adverse visual or environmental impact will normally be resisted.’
POL BE9 ‘Layout and Design of Urban Development ‘ reference is made to the importance of ensuring that the character of many areas of existing development needs to be protected, including fine Victorian Villas and more traditional vernacular architecture. In addition to the design of individual buildings, the character of existing buildings and surrounding areas should be respected.
POL PU 2 ‘ Private sewerage disposals schemes’ The Council will not normally permit alternative private sewage disposals schemes in area covered by mains drainage.
Argyll and Bute Local Plan Consultative Draft 2003
With respect to the Draft District Wide Local Plan 2003, the following policies are applicable:
Policy STRAT DC 1 ‘Development within the Settlements’
This policy seeks to encourage development within the small towns and villages (such as Innellan) serving a local community interest up top and including medium scale development on appropriate infill, rounding-off and redevelopment sites. Developments, which do not accord with this policy, are those, which are essentially incompatible with the close configuration of land uses found in settlements or developments, which result in settlement cramming or inappropriate rounding-off on the edge of settlements.
Policy SI 1 – ‘Sustainable Development’
The key principles of this policy seek to – (h) conserve the natural and built environment and avoid significant adverse impacts on … natural and built heritage resources; (i) respect the character of an area and the setting and character of settlements; (j) avoid places where there is a significant risk of flooding; (k) avoid having an adverse effect on land and water quality.
Policy E10 –‘Development Setting, Layout and Design
This policy seeks a general uplifting of design standards in respect of development setting, development layout and density and development design. The policy specifically states : (A) Development shall be sited and positioned so as to harmonise with the key features of the settlements. Developments, which do not satisfactory harmonise with their settings and surroundings will be resisted; (B) Development layout and density shall effectively integrate with the setting of the development. Layouts shall be adapted to take into account the location or sensitivity of the area. Development with poor quality or inappropriate layouts or densities including over-development of sites shall be resisted.
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Policy H 1 – ‘Housing Development’
In the Argyll and Bute Local Plan 2003, the application site is located within the defined village envelope and settlement pattern of Innellan. Policy H1 ‘Housing Development’ states that housing development for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.
Policy H4 Housing layout and design- encouragement to traditional, innovative and sympathetic housing development layout and design which are appropriate to the village. Housing layouts and designs judged to be of a low standard or ‘not good enough’ for the location and setting of the development will be resisted.
Policy S2 – Sustainable Urban Drainage Systems
A) development proposals shall ensure that their arrangements for foul water and surface water drainage are effectively separated to satisfy the requirements for sustainable urban drainage systems in accordance with B) below; B) Surface water drainage arrangements shall be resisted and may be refused planning permission when :
2. the surface water arrangements are significantly prejudicial to adjacent land, property, accesses, roads or infrastructure.
(C) ASSESSMENT
Proposal This outline proposal entails the erection of three dwellinghouses on land to the rear and side of Ashgrove, Wyndham Road, Innellan. The application relates to a steeply sloping field and includes garden ground that is somewhat overgrown to the rear of ‘Ashgrove’ but which could easily be rejuvenated. The site slopes steeply from west to east. A burn runs through the central part of the site. Another sloping field bounds the application site to the north-east (and the subject of an outline application for 4 houses, Ref. 02/00033/OUT elsewhere on this committee agenda).
The site is bounded to the south-west by ‘Ashgrove’ (the home of the applicant), and extends as far as Newton Lane to the south-west, which is a private lane serving other properties. The application site backs onto land to the rear of properties: Auchnastruan, Struan, Seaford Cottages and Seaford House below on Shore Road. A strip of land on the southern portion of the site approximately 20 metres wide, is covered by the Wyndham Road Tree Preservation Order (Ref. TPO 09/93). The indicative layout submitted suggests that this area of protected trees would be directly affected by this proposal.
Settlement Character An essential component to consider with the submitted application for three dwellings is the immediate character of the area. The surrounding area along Wyndham Road and Newton Road is primarily characterised by large detached dwellinghouses that are situated within generous curtilages in a single tier linear format each of which has a roadside frontage. These properties tend to be positioned and set back from the road with generous curtilage area to both the front and rear.
There are however two properties between Newton Road and Wyndham Road which are ‘sandwiched’ between existing houses. However both are accessed directly from Newton Road and have a roadside frontage and are a consequence of the historical development of Innellan.
Not far from the site is the property ‘Burnbank’ sited approximately 150 metres away from the application site. An application (Ref 02/00489/DET) was refused planning permission by the Area Committee on the 7th May 2002 primarily on the basis of cramped development and that the existing character and immediate settlement pattern of the area would be eroded, as well as setting a precedent for further similar developments and plot sub-division of garden areas within the localised area.
Further along Wyndham Road planning permission was granted in April 2003 at land east of Kylamaursy for the erection of a dwellinghouse, the site having historical permissions dating to the 1993 and 1977. Whilst this site lies within relative proximity of the application site (also sited
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approximately 150 away from the application site) and in plan form displays ‘tandem’ development, the property ‘Lismore’ and the site of the permission (Ref 03/00020/OUT) is not a dominant feature in the street scene but concealed from view and not readily apparent from most vantage points along Shore Road and to a large degree from Wyndham Road. It is considered that direct comparisons including their site characteristics between ‘Kylamaursy’ and this application site are extremely limited where as ‘Burnbank’ is within the same vista.
The submitted plan is extremely limited in detail and a recurrent theme of representations received has been the lack of detail submitted with application. In this regard it is highly unusual that the large detached garage within at the front curtilage of the property ‘Ashgrove’ has not been identified on the plan nor have two wooden sheds that are positioned within the site itself. One proposed dwelling is shown gable-end on to Wyndham Road while the other two dwellings are shown at 45o angles to Wyndham Road and set back within the site, one to the rear of Ashgrove.
An indicative new access is to be formed from Wyndham Road into the site, but there are no further details at this stage. While an existing access is shown to the rear of the site from Newton Lane, this access is presently heavily overgrown, poorly surfaced and aligned, restrictive in width with extremely poor sightlines and wholly unsuitable for additional vehicles.
One of key purposes of any indicative plan is to demonstrate to the Planning Authority how the site could be developed having regard to the settlement pattern and character of the immediate area. In this regard the random and haphazard positioning of the three houses within the ‘L’ shaped site and their limited plot size and positioning in relation to other dwellings within the immediate vicinity essentially disregards the fact that the established Victorian villas directly face Wyndham Road within an established building line to command views over the River Clyde to the south. Indeed it is difficult to understand why the layout as depicted has been chosen and no rational has been submitted to support either the indicative siting of such dwellings or the layout of the three plots. It is not considered realistic that the three dwellings would not directly face the River Clyde consistent with virtually all other established dwellings within the immediate and wider vicinity of the site.
Planning Circular 4/1998 ‘The use of planning conditions in planning permissions’ reminds “Conditions can be imposed on a grant of a planning permission to enable development proposal to proceed where it would otherwise have been necessary to refuse permission”. Whilst acknowledging that the siting of the three dwellings within the site is ‘indicative’, the department is not satisfied that suitable planning conditions could be imposed on this outline application relative to the siting of the dwellings in order to make the development any more acceptable having regard to development plan policy, government advice and the established character of the area. To do so would leave a difficult, if not impossible, legacy for the Planning Authority to address without essential planning objectives being achieved.
One of the key areas to view and consider the impact of the proposed development is from Shore Road at two locations that are large grassed verges on the seaward side. The properties at Lismore and Kylamaursy are not visible from such vantage points but nestle behind the extensive woodland belt that is covered by an extensive tree preservation order. Essentially the character is defined by large villas facing the River Clyde fronting Shore Road with the second tier of villas along Wyndham Road. Exceptions to this area are the villas fronting Newton Road but these sit comfortably with, and adjacent to, the defined woodland that is a key characteristic of this area.
The site is steeply sloping and should development be permitted it is conceivable that extensive undebuilding for any new dwellings would be required, such a characteristic not being readily apparent elsewhere at the established properties. However, with the limited information supplied this issue would be difficult to guesstimate.
Part 16 of the completed planning application form states that no trees are to be felled. The department has serious difficulties in accepting such a view. An extensive tree preservation order was imposed in 1993 on an area of mixed woodland and part of the area covered extends to approximately 20 metres at the rear of the site behind Ashgrove and within that area fronting Newton Lane. The rear houses plot is shown to be sited within this area.
This woodland particularly when viewed from Shore Road provides an extensive and continuous tree canopy that is a key environmental feature of this area with the large establishes residences of Wyndham Road nestling below the extensive tree foliage. There are trees within the southern part of the site (around 20 metres), together with a copse of trees within the central part of the site that would
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inevitably require to be felled. It should be borne in mind that it is not just the trees but their extensive root systems that are also worthy of protection particularly when the issue of the burn is addressed. It simply cannot be the case that the indicative siting of the dwelling could be pushed closer to ‘Ashgrove’ that would detract even further from the established settlement pattern and character of the area.
The net result is that any new two-storey dwelling would encroach into this extensive and continuous canopy of trees that is such a defining feature. Such new dwellings would loom intrusively or punctuate the tree canopy rather than nestling adjacent to it. This would devalue the purpose of the tree preservation order in the first instance and radically alter the character and identity of the area. Indeed there is a case to suggest that the boundaries of the existing tree preservation order require being re-evaluated given the passage of 11 years since it was first promoted.
Established development Local Plan Policy BE8 and Draft Policy FW2 presumes against the destruction of trees and woodlands the subject of tree preservation orders and as a matter of principle this key environmental feature which is an important characteristic of this part of Innellan should be retained as a matter of principle and to ensure that the character of the area would not be seriously devalued.
Equally the encroachment into the extensive and continuous canopy of trees would serve to reinforce and promote a central third tier that is largely at variance with the established character of the area, resulting in plot subdivision and a higher density of development that is the defining character of the immediate area to the overall degradation in the character of the area. In addition, if approved, it would be difficult to resist the promotion of a third tier of essential properties with a number of other garden plots being readily apparent within the vicinity of the site. The cumulative effect of the same would undoubtedly lead to erosion in the character of the area by inappropriate tandem development contrary to the surrounding settlement pattern, which would serve to undermine the provisions of Policy POL HO 8 of the Cowal Local Plan.
Sewerage During the course of this application many letters have been written from the applicant/agent in respect of foul drainage. Part 13 of the completed planning application form states ”Not applicable”. Since the adopted Cowal Local Plan Policy PU2 presumes against the introduction of the introduction of private sewage disposal system including septic tans or bio disc in an area covered by main drainage. It is essential for the decision maker to know what method of disposal would be used not least to ascertain whether a conflict with development plan policy would occur. The department served an Article 13 direction to simply establish whether a public main or a septic tank or bio disc treatment plant would be used. The applicants’ letter dated 27th May 2004 had indicted that “the existing drain which lies within the curtilage of the site could be used. If not practical I do not use septic tanks due to their toxicity but would use a bio disc treatment plant where the toxicity of the outfall would be approximately one eleventh of that of a septic tank”.
There are no public sewers available on the adjoining plot (the subject of application 02/00333/OUT) Scottish Water have subsequently confirmed that a public sewer main is available at this site. With all the foregoing in mind it is envisaged that a connection to the main sewer would be available and utilised should development be approved.
Flooding Concerns have been expressed from residents, and those in closest proximity to the site of experience of flooding from this higher site. The Area Roads Manger in his consultation response has reaffirmed the view that the area has experienced “ a history of flooding” and this is not simply considered to be that a of a burst water main. There is a substantial burn that runs through the site and the siting of the two proposed dwellinghouses (Plots) at the southern part of the site are on either side of the existing burn.
The ground conditions here are particularly steeply sloping and which at the very least would require the burn to be crossed, a quite extensive engineering operation in its own right. It would be necessary to ensure that no additional or increased peak water flow is directed to the watercourse. How this would be achieved is not known, presumably by a culvert or some from of bridge across the burn and one in which the views of SEPA, amongst others, would be required before the department could be satisfied that such culverting or bridging of the burn would not lead to problems of flooding to properties below.
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SPP7 ‘Planning and Flooding’ reinforces the view that burns should not be culverted and even if an exception were to be made to this point, the question is whether the Planning Authority could be satisfied that flooding would not result. A full drainage assessment would be required before any decision could be reached as part of any application, such a critical element cannot be simply ‘conditioned away.’ The department has not however pursued such a requirement that may be viewed as unreasonable particularly since at the outset the principle of the development for three houses on this site was not supported by the department.
Adequate measures to deal with surface water run off are required given the likelihood of rock beneath the surface and unknown qualities in respect of the current flow of the burn and necessary proposals to culvert the burn. PAN 61 ‘Planning and Sustainable Urban Drainage Systems’, and development plan polices relative to flooding, reinforce the view that this should not have an adverse impact on dwellings and land below. Insufficient information has been submitted and without such necessary information this may lead to localised flooding of properties below the site fronting Shore Road, Innellan to their detriment contrary to Pan 69 ‘Planning and Sustainable Urban Drainage Systems’ that indicates:
“At the outline planning application stage the drainage assessment should indicate whether the sub soil is suitable for the infiltration of SuDs, and the scale of system required
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This page is intentionally left blank Page 117 Agenda Item 7h
DEVELOPMENT SERVICES Local Member - Councillor- D. Currie PLANNING APPLICATION REPORT Date of Validity - 15th June 2004 Bute and Cowal Area Committee Date - 7th September 2004
11th August 2004
Reference Number: 04/01195/DET Applicants Name: Mr A. W. Waugh Application Type: Detailed Application Description: Alterations & extensions (amendment to permission 03/01645/DET incorporating increased ridge height and additional porch, rooflight and upper floor deck) Location: 1 Clachan, Back Road, Tighnabruaich
(A ) THE APPLICATION
Development Requiring Express Planning Permission.
Alterations & extensions (amendment to permission 03/01645/DET) incorporating:
• The ridge height of the bathroom/store on the northwest elevation is to increase by 0.6 metres; • The breadth of the porch extension on the northeast elevation is to increase by 4.2 metres; • The height of the porch extension on the northeast elevation is to increase by 1.6 metres; • The design of the windows on the northeast elevation is to be altered; • The design and number of the rooflights on the northeast elevation is to be altered; • The design, size and number of the rooflights on the southeast elevation are to be altered; • An upper deck is to be formed onto the southeast elevation; • Patio doors are to be installed on the southwest elevation; • The design of the windows on the southwest elevation is to be altered.
(B ) RECOMMENDATION
It is recommended that planning permission be Granted subject to the following conditions and reasons set out overleaf.
(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS
Planning permission was originally granted on the 30th October 2003 for alterations and extensions to an existing dwelling. The additional works, requiring a further retrospective planning application are in keeping with that of the design of the house and the other alterations to it. The applicant has also continued to use natural stone and slate to help the development fit into its surroundings and as such this complements Cowal Local Plan (1993) policy POL RUR 13 Development in the Countryside. Although two letters of representation (from the same individual) have been received all matters have been addressed and there is no sound reason to withhold permission.
Angus J Gilmour Head of Planning Services Case Officer: J. Irving 01369-70-8621 Senior Planning Officer P. O’Sullivan 01369-70-7983
"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".
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01195/DET
1. The development works hereby permitted shall be carried out in accordance with the approved plans (drawing numbers: 2106..01rev A, 2106..02 rev B, 2106..03rev B) unless prior written consent for variation is obtained from the Planning Authority.
Reason: In the interests of visual amenity in order to maintain the overall quality and character of the development and the surrounding environment.
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APPENDIX RELATIVE TO 04/01195/DET
A. OTHER MATERIAL CONSIDERATIONS
(i) Site History
03/01645/DET – Application submitted on the 4th September 2004 for the alterations and extensions to an existing building. Planning permission granted on the 30th October 2003 under delegated powers following a ‘blue ‘report’ to the Chairman, Vice chairman and local member.
04/00884/NMA – Application submitted on the 6th May 2004 for the amendments to the original permission (03/01645/DET) was not considered to be non-material in nature and as such is being considered in this current application.
04/00091/ENFHSH – An associated enforcement report elsewhere on this agenda.
(ii) Consultations
Scottish Water (Memo dated the 7th July 2004). No Comment.
(iii) Publicity and Representations
Under Article 9 neighbour notification procedures, advertisement (published 2nd July2004), two letters of representation from the same individual have been received. The letters of representation has been received from the Miss T.A.R Lushington (letters dated the 2nd July & 10th July 2004), The Square, Tighnabruaich, Argyll, PA21 2DX.
The points raised can be summarised as follows:
i. Building works are nearing completion on the outside, for which he is now applying for planning permission.
Comment: The applicant was advised in a letter dated the 10th June 2004 of the potential risks should development works continue that deviate from that of the approved plans. Such works are carried out entirely at risk and open to formal planning enforcement proceedings. The present application seeks to regularise these unauthorised works.
ii Cannot understand why the planning department granted permission on a back road when some 25 years ago the Council put a Building Prohibition Order on it for any future buildings.
Comment: The original application was not considered to be a ‘new development’ rather as the alteration and extension to an existing dwellinghouse. POL HO 12 of the Cowal Local Plan (1993) identifies the ‘back road’ as one where new development should not be encouraged. However, such a policy could not be taken into account when considering the redevelopment of a building with existing ‘residential use rights’.
iii Concerns raised over the current state of the access road as emergency vehicles and any large vehicles are unable to use it.
Comment: This is not a material planning consideration in this particular case given that the application relates to the redevelopment of a building with existing ‘residential use rights.’ However the current condition of the access road is acknowledged in the Cowal Local Plan (1993) POL HO 12 as being a road where no new housing development should take place.
iv. Who will be responsible for the damage caused to the High Road and access roads damaged by the heavy building materials being transported to the site.
Comment: Construction traffic is a matter outwith the remit of this application. Damage to the High Road, if substantiated, would be a mater for the Area Roads Manager to consider.
(B) POLICY OVERVIEW
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Cowal Local Plan 1993
POL RUR 13: Development in the Countryside.
The Council supports development in the countryside which are sensitive, to and integrate with, their surroundings. They should have regard to the Councils published design guidelines and government planning advice notes.
POL BE 9- General Layout & Design
‘The Council will seek to achieve a high standard of design and layout where new developments are proposed. Proposals for development should have regard to the councils published design guidelines’.
Non Statutory Policy
Council’s Design Guide “Extensions and Alterations to Existing Buildings” states that:
“ The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the existing building. The extension should not dominate. ………………Generally, walls or extensions should be finished in a single material the presence of the several different finishes will detract from the overall appearance of the building.’’
“ Extensions and alterations should be finished in the same materials as the original building or in materials that match or compliment the original building”
It is considered that the development is consistent with development plan policy.
(C) ASSESSMENT
Following the submission of a non-material amendment application (04/00884/NMA) on the 6th May 2004 it was concluded that the alterations and additional extension, collectively could not be treated as non- material. It was considered that the cumulative impact of the above changes (in particular, the raising of the ridge height of the bathroom/store; the increase in breadth and height of the porch extension; and the provision of the upper deck) would significantly alter the appearance and impact of this renovated building and, as such, this new application should be submitted.
The alterations include the insertion of an additional velux window and the enlargement of existing velux window on the southeast elevation. The raising of the roof ridge height of the bathroom/store to the same height as the existing roof, the increase in breadth and height of the porch extension and the provision of the upper deck/balcony would significantly alter the appearance and impact of the renovated building.
Although the additional works merit the submission of a further planning application they are in keeping with the works carried out under the previous planning permission (03/01645/DET). The applicant has continued to use natural slate and stone and although the porch and store area has increased in height, the roof height of the existing building has not been breached. The proposed alterations do not create any new issues of privacy, overlooking or amenity that have not already been addressed in the previous planning application. The building is not visually prominent, and can only be viewed from the ‘back road’ Tighnabruaich.
Policy HO12 (back roads policy) is not considered relevant as this policy essentially relates to new housing development and the permission granted in October on 2003 demonstrated that there was an existing dwelling such that this permission related to” alterations and extensions” to an existing dwelling. The site is also not contained within the Tighnabruaich Townscape Policy Area.
On this basis, and given that the application complements POL RUR 13 and BE 9 of the Cowal Local Plan (1993) and that all of the issues raised in the letters of representation have been suitably addressed the additional alterations and extensions contained within this application are found to be acceptable.
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DEVELOPMENT SERVICES Local Member Councillor- R. Macintyre PLANNING APPLICATION REPORT Date of Validity - 2nd July 2004 Bute and Cowal Area Committee Date - 7th September 2004
11th August 2004
Reference Number: 04/01353/DET Applicants Name: Mr J. Law Application Type: Detailed Application Description: Retention of Rear Extension Location: Bellafield Cottage, Bannatyne Main Road, Port Bannatyne, Isle of Bute
(A ) THE APPLICATION
Development Requiring Express Planning Permission.
• Retention of Rear Extension
(B ) RECOMMENDATION
It is recommended that planning permission be Granted subject to the following condition and reason together with a ‘note to the applicant’ set out overleaf.
(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS No letters of representation have been received. The retention of the red brick extension on this traditional stone dwelling is visually degrading being an alien and discordant material. However providing that the extension is finished in a grey wet dash render to compliment the existing cottage the development will complement POL BE 9 of the Bute Local Plan and will successfully integrate the rear extension into the surrounding townscape settings. On this basis the retention of the extension is acceptable.
Angus J Gilmour Head of Planning Services
Case Officer: J. Irving 01369-70-8621 Senior Planning Officer P. O’Sullivan 01369-70-7983
"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".
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01353/DET
1. No later than the 7th November 2004 and notwithstanding the approved plans the rear extension shall be finished in a suitable wet dash render. A 1.0 metre square sample panel of the proposed wet dash render shall be made available for the approval of the Planning Authority prior to its application. Upon such written approval the extension shall be rendered in such an approved material.
Reason: The use of red brick on this traditional stone dwelling is visually degrading and an alien and discordant material and in the interests of visual amenity and to integrate the development into the surrounding townscape setting.
NOTE TO APPLICANT
Water/Sewerage
The applicant is advised by Scottish Water, that :
A totally separate drainage system of foul and surface water sewers will be required;
For all of the advisory points given above, the applicant/developer is advised to contact Scottish Water directly (Developer Services, tel.0845 601 8855, or at www.scottishwater.co.uk ).
The applicant is advised by Scottish Environmental Protection Agency (SEPA) that non-objection is based on the understanding that the foul drainage is connected to the public sewer. The applicant is advised to consult with Scottish Water in this regard.
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APPENDIX RELATIVE TO 04/01353/DET
(A) OTHER MATERIAL CONSIDERATIONS
(i) Site History
04/00025/ENFOTH – An associated enforcement report else where on this agenda
(ii) Consultations
Scottish Water (Memo dated 19th July 2004): Advisory Notes Recommended.
(iii) Publicity and Representations
Under Article 9 neighbour notification procedures, One letter of representation has been received. From Mr Arthur Reaveley (letter received 13 July 2004), 96 Claremont Road, Whitley Bay, Tyne & Wear, NE26 3TU. This letter does not refer to the merits of the application under consideration rather a recently constructed garage (red brick and mineral felt roof) that benefits from ‘permitted development’ under Part 1 Class 1 of the Town & Country Planning (General Permitted Development)(Scotland) Order 1992. Since the garage constitutes ‘permitted development’ the department is unable to insist on the types of building materials to be used.
Despite being informed that Mr Reaveley could make representation on the rear extension, no further letter has been received.
(B) POLICY OVERVIEW
Bute Local Plan 1990
POL BE 15 - General Layout & Design
‘The Council will seek to achieve a high standard of design and layout where new developments are proposed. Proposals for development should have regard to the councils published design guidelines’.
Non Statutory Policy
Council’s Design Guide “Extensions and Alterations to Existing Buildings” states that:
“ The most basic principle is that any extension should be subsidiary to, and sympathetic with the form of the existing building. The extension should not dominate. ………………Generally, walls or extensions should be finished in a single material the presence of the several different finishes will detract from the overall appearance of the building.’’
“ Extensions and alterations should be finished in the same materials as the original building or in materials that match or compliment the original building”
Subject to a planning condition in respect of the finish it is considered that the provisions of POL BE 15 of the Bute Local Plan and the Councils own Design Guide would not be undermined.
(C) ASSESSMENT
It was brought to the departments’ attention on the 17th February 2004 that works requiring planning permission were underway at Bellafield Cottage. Following discussions with the applicant it was determined that the rear extension under construction would require planning permission, albeit retrospective for its retention.
Bellafield Cottage is a one and a half storey, stone building situated outwith the Rothesay Conservation Area. The rear extension is single storey and finished in red textured facing bricks. The windows are uPVC, double-glazed to match the existing windows of the cottage and the roof of the extension is finished in natural slate, to match the roof of the original cottage.
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The extension to Bellafield Cottage is not situated in a visually prominent location. However a number of flatted properties on Castle Street, Port Bannatyne (contained within the Rothesay Conservation Area) can view the cottage and extension from their rear windows. In terms of its scale, the extension is subsidiary to the main dwelling. However, the use of red textured facing bricks is not an acceptable finishing material given that the main cottage has a stone finish and as such should this application have been submitted prior to the extension being constructed the department would have insisted that the extension be finished in a suitable grey wet dash render to visually integrate it with the existing cottage. Written confirmation is awaited from the applicant’s agent that they are agreeable to this condition.
Having regard to Policy POL BE 15 of the Cowal Local Plan and in order to make this development acceptable the department finds it prudent to condition the grant of planning permission with the requirement that the extension is finished in a suitable grey wet dash render to help match the extension to the existing cottage. Only on this basis would the retention of the rear extension be acceptable.
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This page is intentionally left blank Page 129 Argyll and Bute Council Agenda Item 7j Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
Application Types: ADV App.for Advertisement Consent, ART4 App. Required by ARTICLE 4 Dir, CLAWUApp. for Cert. of Law Use/Dev. (Existing), CLWP App. for Cert. of Law Use/Dev. (Proposed), COU App. for Change of Use Consent, CPD Council Permitted Dev Consultation, DET App. for Detailed Consent, FDP Forest Design Plan Consultation, FELLIC Felling Licence Consultation, GDCON Government Dept. Consultation, HAZCON App. for Hazardous Substances Consent, HYDRO Hydro Board Consultation, LIB Listed Building Consent, LIBECC App. for Consent for ecclesiastical building, MFF Marine Fish Farm Consultation, MIN App. for Mineral Consent, NID Not. of intent to develop app., NMA Not. for Non-Materail Amnt, OUT App. for Permission in Principal, PNAGRI Prior Not. Agriculture, PNDEM Prior Not. Demolition, PNELEC Prior Not. Electricity, PNFOR Prior Not. Forestry, PNGAS Prior Not. Gas Supplier, PREAPP Pre App. Enquiry, REM App. of Reserved Matters, TELNOT Telecoms Notification, TPO Tree Preservation Order, VARCON App. for Variation of Condition(s), WGS Woodland Grant Scheme Consultation
Decision Types PER Approved WDN Withdrawn NOO No Objections AAR Application Required CGR Certificate Granted OBR Objections Raised PDD Permitted Development PRE Permission Required NRR New App. Required
19 August 2004 Page 1 of 7 Page 130 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/01432/FELLIC Beornwood Ltd 15/07/2004 04/08/2004 NOO
Woodland Knockdow Estate Glenstriven Dunoon Argyll
Application for Felling Licence
04/01430/DET Mr And Mrs D Mitchell 20/07/2004 06/08/2004 PER
Linden Lea Innellan Dunoon Argyll PA23 7SB
Extension to East Gable End of Existing Cottage
04/01421/DET Miss Fiona Campbell 13/07/2004 10/08/2004 PER
First Floor Southmost Flat 6 King Street Rothesay Isle Of Bute PA20 0DD Installation of replacement windows
04/01379/DET Mr And Mrs McCarry 09/07/2004 03/08/2004 PER
Lauryan Eastlands Road Rothesay Isle Of Bute
Erection of boundary wall, metal railings and gates
04/01378/DET Mr John MacMillan 09/07/2004 27/07/2004 PER
Rockvale Workshop Newton Road Innellan Dunoon Argyll
Erection of Dwellinghouse (Renewal of Planning Permission 00/00589/DET)
04/01368/DET Anne Chassels 23/07/2004 10/08/2004 PER
Ground Floor Flat 1 40 Mount Pleasant Road Rothesay Isle Of Bute PA20 9HJ Installation of Replacement Windows
04/01366/DET Mr Scott 07/07/2004 15/07/2004 PER
52 Crichton Road Rothesay Isle Of Bute PA20 9JT
Installation of Replacement Windows
04/01363/CPD M Gorringe 07/07/2004 06/08/2004 NOO
Dunoon Pier Pier Esplanade Dunoon Argyll
Erection of 6 metre high lamp column supporting webcam
19 August 2004 Page 2 of 7 Page 131 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/01357/DET Ian Connon 02/07/2004 21/07/2004 PER
Upper Altgaltraig Colintraive Argyll PA22 3AS
Extension to house
04/01352/COU Philip W W Norris 01/07/2004 03/08/2004 PER
Lyall Cliff 141 Alexandra Parade Dunoon Argyll PA23 8AW
Partial change of use and alteration of hotel to form two self catering holiday units
04/01350/DET Mr And Mrs Gault 30/06/2004 12/08/2004 PER
89 Sandhaven Sandbank Dunoon Argyll PA23 8QW
Erection of front extension to dwellinghouse
04/01349/DET Mr And Mrs Drinnan 16/07/2004 11/08/2004 PER
24 Sandhaven Sandbank Dunoon Argyll PA23 8QN
Erection of side extension,alterations to access and provision of parking area
04/01272/NMA Mr And Mrs J Maskell 29/06/2004 27/07/2004 PER
Southern Wing, Dalinlongart Farm Sandbank Dunoon Argyll
Non material amendment (relative to Permission 88/0867/DET001) conversion of farm steading and minor external alterations in relation to doors and windows 04/01267/DET Mr And Mrs McGillvray 13/07/2004 03/08/2004 PER
Plot 19 9 Dhailling Park Kirn Dunoon Argyll PA23 8FB
Erection of 2 Storey Side Extension with Integral Garage
04/01262/DET Mr And Mrs McLean 28/06/2004 21/07/2004 PER
24 Lochan Avenue Kirn Dunoon Argyll PA23 8HT
Erection of front porch
04/01258/DET Mr And Mrs Gordon Cooley 24/06/2004 15/07/2004 PER
Upper Flat Ardenlea 21 Shore Road Port Bannatyne Rothesay Isle Of Bute Retention of replacement windows
19 August 2004 Page 3 of 7 Page 132 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/01245/DET Mr Pearce 15/07/2004 27/07/2004 PER
Craigend 311 Marine Parade Hunters Quay Dunoon Argyll PA23 8HN Demolition of existing timber lean-to and erection of conservatory
04/01243/DET Messrs Caird, Hunter And Crawford 25/06/2004 03/08/2004 PER
6, 7 And 8 Pointhouse Crescent Port Bannatyne Rothesay Isle Of Bute PA20 0LG Partial demolition of boundary walls to form vehicle access into rear of properties
04/01213/LIB Mr Ivor And Mrs Linda Coaley 22/06/2004 03/08/2004 PER
Attic Flat 17 Victoria Place High Road Port Bannatyne Rothesay Isle Of Bute Retention of replacement windows at front and rear of property
04/01211/DET Mr Ivor And Mrs Linda Coaley 22/06/2004 03/08/2004 PER
Attic Flat 17 Victoria Place High Road Port Bannatyne Rothesay Isle Of Bute Retention of replacement windows at front and rear of property
04/01199/DET Mr A Gibson 16/06/2004 11/08/2004 PER
Ettrick Bay Tearoom Rothesay Isle Of Bute PA20 0QT
Alterations and extension to tearoom and installation of septic tank and soakaway
04/01198/DET Mr Alexander N R B Good 06/07/2004 21/07/2004 PER
Millcroft Cottage Millhouse Tighnabruaich Argyll PA21 2BW
Extension to Dwellinghouse
04/01143/DET Mr John Anderson 01/07/2004 15/07/2004 PER
Flat 2/2 7 East Princes Street Rothesay Isle Of Bute
Installation of Replacement Windows
04/01142/DET Mr And Mrs A Lambert 14/06/2004 06/08/2004 PER
Shore Cottage, Tighcladdich St Catherines Cairndow Argyll PA25 8AZ Demolition of outbuildings, erection of side extension and timber bothy and external alterations
19 August 2004 Page 4 of 7 Page 133 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/01119/VARCO Mr And Mrs McNeil 14/06/2004 10/08/2004 PER N North East Of Ardhallow Dairy Bullwood Road Dunoon Argyll
Variation of Condition 7 of Planning Permission 02/02207/DET (Vehicle Access)
04/01098/DET Mr And Mrs G Dick 09/06/2004 21/07/2004 PER
Fairy Glen Cottage 59 Bullwood Road Dunoon Argyll PA23 7QJ Erection of Rear Extension and Alterations to Roof of Dwellinghouse
04/01097/COU Mr And Mrs J Quirk 02/07/2004 11/08/2004 PER
Dunmore Lodge 3 Clyde Street Kirn Dunoon Argyll PA23 8DX
Conversion of self catering accommodation to create 2 flats and external alterations
04/01084/DET Alan And Margaret Eccles 16/06/2004 11/08/2004 PER
Plot 3 Land South West Of Netherfield Sandbank Dunoon Argyll Preparatory Ground works, Erection of Dwellinghouse with attached garage and formation of new vehicular access
04/01083/COU Mr And Mrs A Chalet 07/06/2004 19/07/2004 PER
69 Victoria Street Rothesay Isle Of Bute PA20 0AJ
Partial Change of Use of Shop (Class 1) to Holistic Services/Therapies (Class 2) and Repainting of Exterior
04/01037/DET Airwave Mm02 Ltd 01/06/2004 13/07/2004 PER
Telecommunications Mast Glen Lean Hill Park Clachaig Dunoon Argyll Erection of telecommunications monopole, antennae, cabinets, fence and ancillary equipment
04/01036/DET S And A McMahon 14/06/2004 13/08/2004 PER
66 Queen Street Dunoon Argyll PA23 8AU
Erection of rear extension and external alterations
04/01035/DET Mr Peter Thuring 15/06/2004 03/08/2004 PER
Shore Cottage Strachur Argyll
Alterations and extension to existing studio incorporating provision of additional store, kitchen and toilet
19 August 2004 Page 5 of 7 Page 134 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/01032/DET Mr And Mrs W Bowie 02/06/2004 15/07/2004 PER
4 Ardencraig Lane Rothesay Isle Of Bute PA20 9EZ
Erection of extension on north gable and erection of conservatory on east elevation
04/01025/DET Mr Graham Roxburgh 22/06/2004 27/07/2004 PER
Ardyne 21 Hunter Street Kirn Dunoon Argyll PA23 8DT
Demolition of garage and conservatory, and erection of side extensions, including attached garage and external alterations to roof of dwellinghouse 04/01024/DET Paul And Isobel Rodger 01/06/2004 27/07/2004 PER
Auchenlochan House Tighnabruaich Argyll PA21 2BJ
Alterations to Two Flats to form dwellinghouse incorporating formation of dormer windows, rooflights and terrace, and replacement of porch 04/01019/COU Mrs Davis 18/06/2004 27/07/2004 PER
Undercliff 275 Marine Parade Hunters Quay Dunoon Argyll PA23 8HN Partial use of dwellinghouse (Class 9) as bed and breakfast accommodation (Class 7) and alterations to vehicular access
04/00983/OUT Clanaid Healthcare Services 09/06/2004 27/07/2004 PER
Garail Bullwood Road Dunoon Argyll PA23 7QN
Demolition of Former Nursing Home and Erection of 8 Dwellinghouses and Formation of Vehicular Access
04/00940/LIB Mrs Catherine Dunnachie 20/05/2004 28/06/2004 PER
Ground Floor Flat 7 Columshill Place Rothesay Isle Of Bute PA20 0DL Alterations to install French door at rear of property
04/00917/DET Mr And Mrs Tom Morton 01/06/2004 11/08/2004 PER
Sherwood 48 Mary Street Dunoon Argyll PA23 7EE
Erection of rear extension and external alterations
04/00861/DET Neil And Danielle Leckie 14/06/2004 11/08/2004 PER
Plot 4 Land South West Of Netherfield Sandbank Dunoon Argyll Preparatory Ground Works, Erection of Dwellinghouse with atached garage and formation of new vehicular access
19 August 2004 Page 6 of 7 Page 135 Argyll and Bute Council Development Services TOWN AND COUNTRY PLANNING DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
App No Applicant name, address and proposal Valid date Decision date Decision
04/00660/DET Mr And Mrs Armstrong 22/06/2004 16/07/2004 PER
17 Pilot Street Dunoon Argyll PA23 8DB
Erection of Front Roof Dormer Extension, Alterations to Rear Roof Dormer and External Alterations
04/00291/COU J Turnbull 19/03/2004 11/08/2004 WDN
Butterbridge Farm Cairndow Argyll PA26 8BQ
Alterations and extensions to form buildings for use as a retail outlet (Class 1) with attached manager's cottage and formation of vehicular access and car parking 04/00083/DET Dunoon Baptist Church 18/06/2004 27/07/2004 PER
11 Alexandra Parade Dunoon Argyll PA23 8AB
Erection of multi function building
03/02384/DET The Hollies Dental Practice 07/01/2004 13/08/2004 PER
The Hollies Dental Practice 143 - 145 Alexandra Parade Dunoon Argyll Erection of extension to form two treatment rooms and extension of residential accommodation over
03/01706/DET H And H McIntyre 11/09/2003 15/01/2004 REF
Garden Ground Of 12 And 12A Edward Street Belmont Lane Dunoon Argyll Demolition of garage and erection of a dwellinghouse
19 August 2004 Page 7 of 7 Page 136
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Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 03/01841/MTP Mr Robert McIntosh 06/10/2003 10/10/2003 08/07/200 WARAPP 4 Alterations to form rooms in basement
Basement And Ground Floor Flats 13 Bishop Street Rothesay Isle Of Bute 03/01911/ERC CRE Energy 14/10/2003 28/10/2003 30/06/200 WARAPP 4 Erection of WC facilities and associated septic tank
Cruach Mhor Windfarm Glendaruel Colintraive Argyll
04/00332/ALT Gavin E Purdie 23/02/2004 12/07/200 WARWIT 4 Loft Conversion
Portandrain Strathlachlan Strachur Argyll PA27 8BU
04/00594/ALT Mr John MacNeill 24/03/2004 26/03/2004 30/06/200 WARAPP 4 Alterations to enlarge bathroom
Upper Flat Oakfield Tighnabruaich Argyll
04/00619/AOW Mr Alan C Wright 29/03/2004 29/03/2004 15/07/200 WARWIT 4 Amendment to approved plans (amendment 02/01881/ERD) Ground South Of Dhailling House Dhailling Road Dunoon Argyll 04/00640/AOW Cunningham Guild And Scott 31/03/2004 06/04/2004 10/08/200 WARAPP 4 Amendment to approved plans (amendment to 03/00684/MTP) 41 And Land To Rear Argyle Street Rothesay Isle Of Bute 04/00649/EXT George Henry 31/03/2004 01/04/2004 30/06/200 WARAPP 4 Erection of garage
The Strand Baycroft Strachur Argyll PA27 8BY
04/00745/AOW Mr And Mrs John Crawford 13/04/2004 15/04/2004 15/07/200 WARAPP 4 Amendment to retain second door to top level from access stair (amendment to 03/01627/MTP) 15 Bishop Street Rothesay Isle Of Bute PA20 9DH
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 1 of 8 Page 138
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/00770/ERD MC Construction Ltd 16/04/2004 25/05/2004 22/07/200 WARAPP 4 Change of Use from Hotel to flats.
Queens Hotel 11 Marine Parade Kirn Dunoon Argyll PA23 8HE 04/00783/ERD Chameleon Property Developments 20/04/2004 06/05/2004 29/07/200 WARAPP 4 Alterations and change of use from hospital to 4No domestic dwellings 2 Victoria Park Alexander Street Dunoon Argyll PA23 7PP 04/00810/ALT Douglas Fraser 23/04/2004 14/06/2004 05/07/200 WARAPP 4 Alterations to Hotel to form Cold Room
Stagecoach Inn Cairndow Argyll PA26 8BN
04/00831/ALT Shearwater Engineering Services Ltd 26/04/2004 02/07/2004 30/07/200 WARAPP 4 Alteration to Chandlery building to form new entrance.
Holy Loch Marina Sandbank Dunoon Argyll
04/00836/MTP Mr And Mrs Beattie 26/04/2004 29/04/2004 15/07/200 WARAPP 4 Alterations and Extension to building
202-204 Edward Street Dunoon Argyll PA23 7PJ
04/00854/ERD A Galbraith And D Black 28/04/2004 14/06/2004 15/07/200 WARAPP 4 Erection of house and garage
Ground To The West Of 96 - 98 Ardenslate Road Kirn Dunoon Argyll 04/00855/ERD D And F Limbert 28/04/2004 07/06/2004 15/07/200 WARAPP 4 Erection of dwellinghouse and garage
Land To The West Of 94 - 96 Ardenslate Road Kirn Dunoon Argyll 04/00868/ALT Mr J Campbell 30/04/2004 21/06/2004 28/07/200 WARAPP 4 Alteration to attic floor to provide letted rooms and ensuite facilities Park Hotel 3 Glenmorag Avenue Dunoon Argyll PA23 7LG
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 2 of 8 Page 139
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/00874/ALT Mr And Mrs Alan Clark 05/05/2004 07/05/2004 02/07/200 WARAPP 4 Alterations to form door opening
93 Barone Road Rothesay Isle Of Bute PA20 0DZ
04/00883/EXT Mr And Mrs D Herriot 05/05/2004 01/08/200 WARAPP 4 Erection of conservatory
Balmory Cottages Ascog Rothesay Isle Of Bute PA20 9LL 04/00885/AOW Mr David Paterson 06/05/2004 07/05/2004 08/07/200 WARAPP 4 Amendment to drainage layout (amendment to 03/02305/ERD) Land To East Of Dunallan Cottage Rothesay Isle Of Bute 04/00907/ERD Randall Taylor 07/05/2004 10/05/2004 23/07/200 WARWIT 4 Alteration to lower flat.
Millburn 113 Alexandra Parade Dunoon Argyll PA23 8AN 04/00940/ALT Mrs Nikki Cameron 12/05/2004 12/05/2004 29/07/200 WARAPP 4 Alteration to flat
Second Floor Eastmost Flat 17A Battery Place Rothesay Isle Of Bute 04/00966/ERD C Johnstone And R McAlpine 14/05/2004 02/06/2004 29/07/200 WARAPP 4 Proposed erection of dwelling
South Plot, Land South East Of Kames Farm Kames Tighnabruaich Argyll 04/00999/ALT Mrs Audrey Blakeley 19/05/2004 24/05/2004 29/07/200 WARAPP 4 Alterations forming open plan kitchen
Ground Floor Eastmost Flat 11 The Terrace Ardbeg Road Rothesay Isle Of Bute PA20 0NP 04/01000/ALT Mrs Catherine Dunnachie 19/05/2004 24/05/2004 29/07/200 WARAPP 4 Alterations forming patio doors to rear of property
Ground Floor Flat 7 Columshill Place Rothesay Isle Of Bute PA20 0DL
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 3 of 8 Page 140
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01001/ALT Ms E Thomson 19/05/2004 08/06/2004 22/07/200 WARAPP 4 Alteration of integral garage to form utility room, and formation of carport. Reinach Ardentinny Dunoon Argyll PA23 8TR
04/01011/ALT New Life Christian Fellowship 20/05/2004 30/06/2004 02/07/200 WARAPP 4 Alteration to Church, to form additional toilet
94 Queen Street Dunoon Argyll
04/01012/LOC Evan Malcolm 20/05/2004 16/06/2004 02/07/200 COMF 4 Request for Letter of Comfort - Confirmation of Completion relating to 00/01416/ALT and Sunny Brae Bullwood Road Dunoon Argyll PA23 7QL
04/01020/ALT Stuart Robertson 21/05/2004 01/06/2004 29/07/200 WARAPP 4 Alteration to Top Flat to form kitchen and enlarge bathroom Top Floor Eastmost 19 Argyle Street Rothesay Isle Of Bute 04/01031/EXT Mr J Primrose 24/05/2004 13/06/2004 05/07/200 WARAPP 4 Erection of unheated conservatory
Sunny Bank Ardentinny Dunoon Argyll PA23 8TR
04/01032/ALT Angus M Sutherland 24/05/2004 13/06/2004 05/07/200 WARAPP 4 Internal alterations to form additional bathroom, new doorway and balcony 3 Ardenfield Ardentinny Dunoon Argyll PA23 8TU
04/01059/ALT Dunoon Baptist Church 25/05/2004 13/06/2004 09/08/200 WARAPP 4 Alterations to Church hall to form accessible toilet anform accessible (unisex) toilet and shower room 9 Alexandra Parade Dunoon Argyll PA23 8AB
04/01060/ALT John C Macleod 25/05/2004 17/06/2004 28/07/200 WARAPP 4 Alteration to extend sales area.
124 - 126 Argyll Street Dunoon Argyll
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 4 of 8 Page 141
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01089/MTP Mrs Davis 01/06/2004 09/07/2004 22/07/200 WARAPP 4 Alterations to provide ensuite facilities to Bed and Breakfast Accommodation. Undercliff 275 Marine Parade Hunters Quay Dunoon Argyll PA23 8HN 04/01090/ALT David Hutcheson 01/06/2004 07/06/2004 02/07/200 WARAPP 4 Alteration to dwelling to install French windows and raised decking area Fernlea Innellan Dunoon Argyll
04/01094/LOC George McCance 02/06/2004 02/06/2004 21/06/200 COMF 4 Request for Letter of Comfort (Property Inspection Services) Kames Cottage Kames Tighnabruaich Argyll PA21 2AD 04/01137/AOW Seavision (Scotland) Ltd 07/06/2004 02/07/2004 23/07/200 WARAPP 4 Amendment to Warrant to form additional units. (amendment to 03/02135/ALT) Foreshore East Of A815 Sandbank Dunoon Argyll
04/01148/AOW Nigel Sim 08/06/2004 16/06/2004 29/07/200 WARAPP 4 Amendment to remove WC from upper floor level
Ground Floor Flat Oakfield Tighnabruaich Argyll PA21 2DX 04/01164/ALT Mr And Mrs R Turnbull 09/06/2004 16/06/2004 29/07/200 WARAPP 4 Alterations to form patio doors and external decking
6 Eaglesham Terrace Rothesay Isle Of Bute PA20 9HL 04/01173/ALT George Grant 10/06/2004 28/07/2004 28/07/200 WARAPP 4 Alterations to move kitchen and bathroom
Travancore Sandbank Dunoon Argyll PA23 8PN
04/01174/ALT Charles W Stewart 11/06/2004 28/07/2004 28/07/200 WARAPP 4 Alterations to re-position windows in bedrooms and install patio door in living room Hillister Strathlachlan Strachur Argyll PA27 8BZ
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 5 of 8 Page 142
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01205/ALT Miss Paula Doolan 15/06/2004 17/06/2004 29/07/200 WARAPP 4 Alteration to form kitchen and bathroom with enlargement of bedroom (incl CH boiler) Top Floor Eastmost Flat 31 Barone Road Rothesay Isle Of Bute PA20 0DY 04/01210/ALT Mr And Mrs R Stokes 16/06/2004 22/07/2004 09/08/200 WARAPP 4 Alteration to dwelling , to install velux roof Windows
15 Hunters Grove Hunters Quay Dunoon Argyll PA23 8LQ 04/01211/ALT Fraser Harper 16/06/2004 23/07/2004 23/07/200 WARAPP 4 Alteration to house to relocate kitchen and alter stairway Annandale 8 Ericht Bank Drive Kirn Dunoon Argyll PA23 8HB 04/01212/AOW Colin Chisholm 16/06/2004 21/06/2004 21/06/200 WARAPP 4 Amendment to Warrant to remove domestic oil tank(amendment to 01/00784/ALT) The Larches Sandbank Dunoon Argyll PA23 8PW
04/01247/AOW Mr Livingstone 21/06/2004 15/07/2004 15/07/200 WARAPP 4 Amendment to Warrant to allow deletion of doorway to stairwell (amendment to 03/02100/ALT) Shop 152-156 Argyll Street Dunoon Argyll PA23 7NA
04/01248/ALT Mr McCulloch 21/06/2004 25/06/2004 29/07/200 WARAPP 4 Alterations forming patio doors
Lodge Eleonora Ascog Rothesay Isle Of Bute PA20 9ET 04/01249/ALT Mr And Mrs Pearce 18/06/2004 05/07/2004 22/07/200 WARAPP 4 Alteration to flats to form a dwelling
Craigend 311 Marine Parade Hunters Quay Dunoon Argyll PA23 8HN 04/01253/LOC Mr And Mrs Wills 21/06/2004 23/06/2004 15/07/200 COMF 4 Request for Letter of Comfort - Confirmation of Completion relating to 97/01595/ALT Kinlochruel Colintraive Argyll PA22 3AH
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 6 of 8 Page 143
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01304/ALT Ms B O'Neil 28/06/2004 09/07/2004 03/08/200 WARAPP 4 Alteration to dwelling, to convert garage to bedroom
26 Lochan Avenue Kirn Dunoon Argyll PA23 8HT
04/01309/MTP Mr Pearce 28/06/2004 02/07/2004 05/07/200 WARAPP 4 Erection of Conservatory and Formation of Doorway
Craigend 311 Marine Parade Hunters Quay Dunoon Argyll PA23 8HN 04/01328/LOC Mr And Mrs Carlyle 05/07/2004 07/07/2004 15/07/200 COMF 4 Request for Letter of Comfort - Confirmation of Completion relating to 99/01363/ Stroncarraig Tighnabruaich Argyll PA21 2ED
04/01351/ALT Mr And Mrs E Dewhurst 06/07/2004 28/07/2004 28/07/200 WARAPP 4 Alterations to lower flat to form hallway to kitchen
Ground Floor Flat 42 Craigmore Road Rothesay Isle Of Bute PA20 9ES 04/01381/EXT S And A McMahon 07/07/2004 02/08/2004 03/08/200 WARAPP 4 Extension to cottage to form kitchen and additional bedroom 66 Queen Street Dunoon Argyll PA23 8AU
04/01382/ERC P J Dawson 08/07/2004 15/07/2004 15/07/200 WARAPP 4 Erection of domestic garage
Croft Kennels Cairndow Argyll PA26 8BH
04/01383/AOW Mr J Mattison 09/07/2004 14/07/2004 15/07/200 WARAPP 4 Amendment to Warrant to cover drainage layout and direction of ramps (amendment to 04/00009/ERD) 209 Edward Street Dunoon Argyll PA23 7PJ
04/01391/LOC Peter MacPhail 13/07/2004 15/07/2004 20/07/200 COMF 4 Request for Letter of Comfort (Property Inspection) for alterations to form attic accomodation and erection Rhu Alainn 5 Bencorrum Brae Dunoon Argyll PA23 8HU
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 7 of 8 Page 144
Argyll and Bute Council Development Services BUILDING CONTROL DELEGATED DECISIONS SINCE LAST COMMITTEE BUTE AND COWAL
CASENO APPLICANT NAME/PROPOSAL RECEIVED VETTED DECISION DECISION AND SITE ADDRESS DATE DATE 04/01402/LOC Several Owners 13/07/2004 15/07/2004 06/08/200 COMF 4 Request for Letter of Comfort (confirmation of completion 319/94/B/47 ) Burnside Buildings Kames Tighnabruaich Argyll
04/01405/ALT Mr And Mrs Curnyn 14/07/2004 15/07/2004 15/07/200 WARAPP 4 Alterations to window opening to form mullions
Clunitor Innellan Dunoon Argyll PA23 7TN
04/01451/ERC Mrs Mrs A. Don 21/07/2004 23/07/2004 23/07/200 WARAPP 4 Erection of double garage.
Lochwood House Lochgoilhead Argyll
04/01452/EXT Mrs MacDonald 21/07/2004 26/07/2004 11/08/200 WARAPP 4 Erection of heated conservatory.
Cormonachan Carrick Castle Lochgoilhead Argyll
04/01462/AOW Brian Emery 22/07/2004 22/07/2004 22/07/200 WARAPP 4 Amendment to Warrant to insert additional Velux Window(amendment to 03/00383/ALT) 2 Gordon Street Dunoon Argyll PA23 7EJ
04/01464/AOW Andrew Walters 22/07/2004 06/08/2004 10/08/200 WARAPP 4 Amendment to approved plans ( 03/00383/ALT)
16 East Princes Street Rothesay Isle Of Bute PA20 9DL 04/01467/AOW John Brown (Strone) Ltd 22/07/2004 26/07/2004 27/07/200 WARAPP 4 Amendment to Warrant to form additional WC Room and enlarge entrance door (amendment to Workshop Hamilton Street Dunoon Argyll
04/01468/ERC Mr G Tyre 23/07/2004 26/07/2004 28/07/200 WARAPP 4 Erection of detached garage.
17 Victoria Road Dunoon Argyll PA23 7EA
WARAPP=Building Warrant Approved WARREF=Building Warrant Refused WARWIT=Building Warrant Withdrawn COMF=Letter of Comfort issued COMFR=Letter of Comfort refused EXEMPT=Exempt Building Warrant LOCWIT= Letter of Comfort withdrawn SUPERS=Superceded by new Building
19 August 2004 Page 8 of 8 Page 145 Agenda Item 7k
DEVELOPMENT SERVICES Local Member Councillor- G. McKinven
Bute and Cowal Area Committee Date - 7th September 2004
26th August 2004
ADDITIONAL REPORT PLANNING PERMISSION REF: 04/00470/DET FORMATION OF VEHICULAR ACCESS AT 173 VICTORIA ROAD, DUNOON
(A) BACKGROUND
The department advanced a recommendation of refusal for a new vehicular access at 173 Victoria Road, Dunoon (Ref 04/00470/DET) a view concurred by the Area Roads Manager. Members will recall that the Area Committee meeting on 6th July 2004 they were minded to grant planning permission subject to conditions. The planning conditions that were duly imposed by members were as follows: 2. Notwithstanding the approved plans, the wall fronting the site at 173 Victoria Road shall be completely removed along the entire frontage unless consent for variation is approved in writing by Planning Authority.
Reason: In the interests of road safety and to maximise the visibility splays at the site.
3. Notwithstanding the approved plans, all that area in front of the dwelling at 173 Victoria Road shall be increased in width from 3.2 metres to 7.0 metres and hard surfaced to provide for the access across the complete width of the site, unless consent for variation is approved in writing by Planning Authority.
Reason: In the interests of road safety and to enable vehicles to manoeuvre into/out of the site.
4. The proposed access shall have visibility splays of 18.0 metres at a 2.0 metre setback in the direction of Macarthur Street and 12 metres at a 2.0metre setback in the direction of Alfred Street formed from the centre line of the proposed access within the applicants control. Prior to the first use of the access these visibility splays shall be provided and thereafter shall be maintained in perpetuity of all obstructions over one metre in height to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
5. No gates shall be erected at the site and in perpetuity
Reason: In the interests of road safety as any gates would prejudice road safety.
(B) REVISIONS SOUGHT BY APPLICANT
Following the issuing of the planning permission the applicant contacted the department to advise that he would be seeking a variation of the conditions. Members will note that the conditions generally provide “unless consent for variation is approved in writing by Planning Authority”. In this instance it may not be necessary to formally submit a planning application to vary such Conditions 2 and 3 of the above permission, rather agreement by letter and plan as sought by the applicant.
The applicant subsequently submitted a letter (dated 16th July 2004) that advises that:
• The ground is level with the top of the front wall and foundations are 1 metre below this level. The wall is used to retain this ground so if the full 7 metre width of the site is excavated the foundations maybe weakened.
• The ground contains services ie gas, electricity etc. Relocation of these services would cause disruption and be prohibitively expensive.
• The north boundary way which protects the neighbouring parking space will be undermined by excavation.
• Attached drawing including a widened access at the frontage and lowering of the remained of the wall has been agreed with Roads and agreed as being acceptable for sightlines.
(C ) CONSULTATIONS;
The views of the Area Roads Manager have been requested and his views (memo dated 24th August 2004)
raised “No objections subject to conditions”. However these include the following conditions:
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“The sightlines for this access are below recommended of 2m x 20m. Visibility north is approx 18m at 2m setback, for the south visibility is approx 12 m. at 2m setback. The minimum required sightlines of 20 x 2m can be obtained by lowering to the south, boundary wall of 171 for 2.1m to a height not exceeding 1m above the road and 175 at the north for a distance of 1.3m. These alterations must be maintained as long as the vehicular crossing is in existence.
Space to provide a turning area within the Site would be beneficial. The vehicular access should be at a defined point on the frontage and not the full width of the property. Construction details to be as per Fig 10.16 of the Council’s Development Guidelines. A system of surface water must be provided to prevent water running on to the footway and road”
(D) ASSESSMENT
The Area Committee at the meeting on 1st June 2004 adjudicated on the merits of the application and imposed the conditions as set out in this report. This included a condition that the visibility splays would be 18.0 metres at a 2.0 metre setback and 12 metres at a 2.0 metre setback in the direction of Alfred Street.
The views of the Area Roads Manager seek to achieve a 20.0 metre sightline that is understandable in the interest of road safety. However to achieve such a standard this is outwith the control of the applicant ie the boundary wall of 171 Victoria Road and 175 Victoria Road. These cannot be imposed as conditions.
Members may be so minded to not to pursue condition 2 and 3 although the justification advanced by the applicant for dispensing with the conditions are largely matters of cost. If agreed by members this at would result in visibility splays of 18.0 metres at a 2.0 metre setback in the direction of Macarthur Street and 12 metres at a 2.0 metre setback in the direction of Alfred Street. However, the department would reinforce the view that such visibility splays are below those originally considered necessary by the department and hence the recommendation of refusal in the first instance. The justification by the applicant for not wishing to comply with conditions 2 and 3 of the permission as imposed relate do not relate to road safety issues.
Alternatively the applicant could see whether indeed the neighbours at 171 Victoria Road and 175 Victoria Road were prepared of their own volition and/or in conjunction with the applicant to lower their respective walls to improve visibility to 20 metres at a 2.0 metre setback. However this could not be imposed via condition or agreement since a decision has been issued and is on land outwith the applicants’ control. If the walls were however to be lowered of their own volition a more favourably view could then be taken. Once such views were known further consideration of the matter could be considered.
(E ) RECOMMENDATION That the matter be continued pending further views of the applicant in respect of the potential for lowering of the walls either side of the property.
Angus J Gilmour Head of Planning Services Case Officer: B. Close 01369-70-8604 Senior Planning Officer P. O’Sullivan 01369-70-7983
"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".
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