THIS REPORT RELATES STIRLING COUNCIL TO ITEM ON THE AGENDA

PLANNING PANEL ENVIRONMENT SERVICES

28 FEBRUARY 2006 NOT EXEMPT

ERECTION OF AGRICULTURAL BUILDING AT EDENMILL FARM, BLANEFIELD, GLASGOW G63 9AX - M GIBSON - 05/00888/DET (RETROSPECTIVE)

1 PURPOSE

1.1 To determine planning application S/05/00888/DET.

2 SUMMARY

2.1 Permission is sought retrospectively to extend the Agricultural Building Ref S/05/00260/NAG to form a farm shop/butchery. A farm shop/butchery does not require Planning Permission if the produce sold is primarily sourced from the farm unit itself.

3 RECOMMENDATION(S)

3.1 To indicate that the Council is minded to approve the application subject to the negotiation of a Section 75 agreement to restrict the use of the premises to agricultural use, including farm shop, and the establishment of an acceptable level of landscape screening.

4 CONSIDERATIONS

The Site

4.1 The proposed site is within the yard area of Edenmill Farm. The site is situated within the Greenbelt.

Local Plan

4.2 Policy E7 of the adopted Local Plan states that in relation to development proposals falling within Countryside Policy Boundaries, the Council will only give favourable consideration to those which are essential to the proper functioning of the primary rural activities, or other uses which can be shown to have an overriding need for a countryside location. Such developments will be subject to further assessment in relation to traffic generation and access services, pollution and potential conflict with established neighbouring users.

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Policy E16 of the Adopted Local Plan indicates that in accordance with the Structure Plan, the Council designates areas of Green Belt at Dunblane, Bridge of Allan, Stirling, Bannockburn and Strathblane. In order to prevent the coalescence of those settlements with neighbouring towns and villages and to preserve key aspects of the settings of the towns and villages and to preserve key aspects of the settings of the towns and villages and to preserve key aspects of the setting of the towns and their historic features, the Council will:

a) Operate a presumption against any development not essential for agriculture on forestry (except appropriate recreation and tourism projects dependant upon a countryside location);

4.3 Policy ENV3(Development in the Countryside) of the Approved Clackmannanshire and Stirling Structure Plan Approved 2002 states that in areas of Countryside, as defined in Local Plans, development will only be permitted where:

1 The proposed enterprise or activity is dependent upon a countryside location; or

2 It accords with Policy ED4.

3 All development in the countryside should, both in function, siting and design, be suitable for its particular location, and should respect and preserve features contributing to local character. Proposals satisfying these criteria should where possible re-use redundant vehicular buildings.

Policy ED4:(Rural Development) of the Approved Clackmannanshire and Stirling Structure Plan Approved 2002.

1 The Councils will support economic development in rural areas to support the economic and social needs of communities through detailed Local Plan Policies and proposals based on the following:-

a) Focusing development within existing towns and villages with emphasis being placed on the identification of opportunities in the Rural centres.

b) Restricting development within the Green Belt and Clackmannanshires Countryside Area (as defind in the Clackmannanshire Local Plan) to that requiring a rural location including appropriate farm diversification.

Policy ENV4 (Green Belts) of the Approved Clackmannanshire and Stirling Structure Plan Approved 2002 indicated that Local Plans will define precise boundaries for the areas of Green Belt broadly shown on the key diagram and bring forward detailed policies for their protection and enhancement. In these areas there will be a strong presumption against development, and only in exceptional circumstances will development be permitted. Any developments which are permitted will be expected to demonstrate appropriate environmental enhancement within the Green Belt.

4.4 Representations

4 letters of representation were received stating the following: -3- a) Stirling Council should seriously consider the fact that since 2002, Mr Gibson has ignored his responsibility to apply in advance for Planning Permission.

Response: This in itself is not a reason for refusing planning permission. b) The site is a small part of the original 1800’s Auchineden farm that has not been in operation since the 1930’s. The original buildings form four private residences.

Response: It is not considered unreasonable that the 4 buildings converted from farm buildings cannot exist alongside agricultural operations. c) The proposal is considered to be unsustainable as

1 The site is clearly being overdeveloped and is in the Greenbelt and Countryside setting.

2 The site is an unsuitable location, being close to four private residences.

3 The site is at the end of a long single track and this proposal will generate further traffic using this site.

Response: It is accepted that the site is in the Green Belt, which is within proximity of 4 dwellings but that the use of the track is acceptable to Roads Service. d) The proposal already has a serious detrimental affect upon the existing residential amenity of the four private residences through increase in noise, light and dirt.

Response: It is considered that the development of the agricultural nature proposed is acceptable on this site. e) The increased vehicular volume of traffic raises the issue of road safety. The line of sight distance to the north on leaving the Auchineden Estate entrance at opposite at Auchineden onto the A809 is shorter than the required guidelines due to the hill and is considered dangerous. This is a problem for all vehicles leaving the estate and turning left.

Response: Roads Service have confirmed that the existing access is adequate for the development proposed. f) Proposal is contrary to the Approved Clackmannanshire and Stirling Structure Plan Policy (August 2000) in respect of development in the Countryside (ENV3) and the Greenbelt (ENV4) where there is “a strong presumption against development” and “any development permitted will be expected to demonstrate appropriate environmental enhancement.”

Response: It is accepted that the site is located within the Green Belt but it is considered that an agricultural development of this type is an acceptable use within the Green Belt, subject to satisfactory details. g) The proposal does not comply with the Approved Stirling Council Local Plan (December 1999) Policies E7 and E16 because there is no -4-

“overriding need for a Greenbelt and Countryside location” and there is a presumption against any development.

Response: It is accepted that the site is located within the Green Belt but it is considered that an agricultural development of this type is an acceptable use within the Green Belt. h) The proposal is not consistent with the terms set out in the Stirling Council Local Plan Alteration 1A, in particular, the sustainability Development Plan and criteria.

Response: It is accepted that the site is located within the Green Belt but it is considered that an agricultural development of this type is an acceptable use within the Green Belt. i) Mr Gibson does not own the land where most of the 100 cattle-related activities occur. He is not employed by Auchineden Ltd nor is he the manager of the estate. Therefore, the key issue is the duration of Mr Gibson’s agricultural tenancy.

Response: The ownership of the land or the employment status of Mr Gibson is not relevant to the land use considerations related to this application. j) Will there be any other goods sold from the site in addition to organic beef directly to the public? If so what other goods for sale to the public and wholesalers from the proposed farm shop.

Response: The information initially provided by Mr Gibson to Officers was that the primary retail element proposed within the farm shop will be the retails of goods from the farmholding itself. k) Mr Gibson is disregarding Stirling Council’s August 2002 refusal decision regarding storage of vehicles, equipment and materials associated with his landscape contracting business.

Response: The information given by the applicant to Officers was that the primary use of the land is for agricultural purposes and that the landscape business is primarily carried out from a site elsewhere.

One further objection has been received detailing the following: l) The catalogue of unauthorised developments at Edenmill, have completely changed the character of a quiet rural residential back-water. Stirling Council has appeared one or two steps behind the developer at each turn and the whole episode sets an appalling example for others wishing to build in the greenbelt.

Response: A Retrospective Planning application in itself is not a reason for refusing planning permission. It is accepted that the development is within the Green Belt, but it is considered that an agricultural development of this nature is an acceptable land use within the Green Belt. During the member site visit on the 2 February 2006, it became apparent that the applicant has improved the appearance of the yard through the use of landscaping compared with the raw appearance of a couple of months previous. m) I have read the planning department’s reports for the Planning Panel Meeting for 19 January, and I am unable to see how the Planners Assessment comes even close to answering the arguments put forward by -5-

the representations. Ironically if the applicant had stated his objectives in the first instance and gone through the right channels we might have supported him. As it is, accepting all these retrospective applications will leave Stirling Council looking very foolish.

Response: As stated previously, a Retrospective Planning application in itself is not a reason for refusal. As detailed in the assessment section of this report the proposal is situated within the Green Belt but it is considered that an agricultural development of this type is an acceptable use within the Green Belt.

Support letters: Over 70 letters of support have since been received detailing the following:

• The proposals provide jobs to local people and suppliers. • The Scottish Executive Rural Affairs Department support this form of farm enterprise.

Assessment

4.5 Edenmill Farm is situated within the Auchineden Estate, the farmland is tenanted by Mark Gibson and produces Christmas Trees and Beef. The Agricultural building erected is to be used as a farmshed selling the beef and Christmas trees produced on the farm. A farm shop which sells produce directly from the land owned or leased by the farmer does not require Planning Permission. Therefore, only the building is being considered in this application.

The agricultural building is situated within the Countryside and the Greenbelt. Therefore, the proposal shall be assessed with regard to both Countryside and Greenbelt conditions. Furthermore, the history of the site is also a material consideration.

A prior notification application was submitted and accepted in May this year Ref S/05/00260/NAG. This current application was originally submitted as an extension to the notification application, however during a site visit it became apparent an entire new building had been erected taking the form of the elevations shown and the footprint.

The principle of the erection of an agricultural building on this site was accepted through the acceptance of the prior notification in May 2005.

The Agricultural building will not generate any coalescence which the Greenbelt is primarily there to guard against and is required for the agricultural activities carried out at the location.

The building is stated to be required essentially to sell produce produced directly from the farm in order to help financially sustain the business. The proposal represents a form of farm diversification which the Council generally supports in rural locations. This building accords with Policy E7 as it can be argued to have a need to be in this Countryside location. -6-

Therefore the proposal can accord with ENV3 of the approved structure plan as the development requires a Countryside location.

The proposal will demonstrate environmental enhancement within the Greenbelt as a condition has been recommended which will ensure the site is suitably landscaped to achieve this.

In consideration of the objections to the application reference was made to the previous refusal on the site in 2002 Ref S/02/00702/DET for which Network Services had raised concerns regarding extra vehicular activity at the estate entrance onto the A809. This is not a consideration for this application as the use of the building , as a farm shop does not require Planning Permission.

The objections also state that Mr Gibson does not own the land that produces the beef and Christmas trees and only has it on a short term lease, length of lease or ownership is not a material Planning Consideration.

Furthermore should Mr Gibson sell any other goods from the building then the Farm shop will require Planning Permission.

Summary of Relevant Consultations

4.6 Strathblane Community Council: Considers the totality of the proposals for Edenmill Farm to amount to poor quality overdevelopment not in sympathy with the surrounding countryside. SCC considers that the use of the single- track road for regular and sometime frequent large vehicle journeys as detrimental to the natural enjoyment that the residents should normally expect of their properties. However SCC considers any commercial access should be via the route determined as the access for the riding establishment. SCC recommends the refusal of the application and calls for the removal of those elements installed without planning consent and for the reinstatement of the greenbelt.

Strathblane Community Council has seen the objection submitted by Dr Leslie Malkin (detailed in para 4.4) and fully endorses the points made. The Community Council also shares the concerns of the other objectors and stated similar grounds for objection.

Conclusions

4.7 In conclusion the Agricultural building development is supported. It is required as part of the farm operation and therefore essentially requires to be located in the Countryside. The proposal therefore accords with Planning Policy. -7-

5 POLICY IMPLICATIONS

5.1 None.

6 CONSULTATIONS

6.1 Service Manager (Planning And Policy)

6.2 SEPA East Region North Division – have no comments to make.

6.3 Strathblane Community Council – recommends refusal of the application.

6.4 Service Manager (Community Health) – recommends the imposition of standard contaminated land conditions.

6.5 Environment Services Transport Development – have no objection to the proposal.

7 RESOURCE IMPLICATIONS

7.1 None.

8 BACKGROUND PAPERS

8.1 Planning application file S/05/00888/DET. -8-

Author(s) Name Designation Tel No/Extension

Peter McKechnie Planning Officer 01786 443143

Approved by Name Designation Signature

Mick Stewart Head of Planning and Regulation

Date 17 March, 2006 Reference S/05/00888/DET

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APPENDIX 1

SUGGESTED CONDITIONS (AFTER ISSUE OF SECTION 75 AGREEMENT)

EXTENSION TO BUILDING TO FORM FARM STORAGE AT EDENMILL FARM, BLANEFIELD, GLASGOW G63 9AX - M GIBSON - S/05/00888/DET

Approve, subject to the following conditions:

1 Period of Consent: This development must begin within 5 years.

2 Compliance with Details: All works shall be carried out and completed strictly in accordance with the approved details, to the satisfaction of the Planning Authority.

3 Contaminated Land Investigation: The applicant shall demonstrate to the Planning Authority that a comprehensive contaminated land investigation was carried out. The applicant shall provide evidence that the investigation was carried out to BS 10175:2001 standards.

4 Remediation: The applicant shall demonstrate to the Planning Authority that only remediation works are carried out to mitigate any contamination encountered.

5 Roof Water: The roof water shall drain to the soakaways.

6 Fuel Or Waste Oil: Any fuel or waste oil stored on the premises shall be appropriately bunded or contained to retain spillage of leakage.

7 Landscape - New Planting: No development shall take place until details of new planting proposals with details of ground preparation, species, nursery stock size and density of planting and areas of grass seed/turf have been submitted to and approved in writing by the Planning Authority.

Reasons:

1 To comply with terms of Section 58 and 59 of the Town and Country Planning (Scotland) Act 1997.

2 To ensure that the overall development is undertaken in accordance with the approved drawings.

3 To ensure potential risks arising from previous site uses have been fully assessed.

4 To ensure all contamination found within the site has been dealt with.

5 In order to ensure that adequate and timeous drainage arrangements are made.

6 In order to prevent against pollution.

7 The proposed development and its location is such that landscaping is necessary to enable it to fit in with its surroundings, enhance the locality and the quality of the development itself for those using it and those affected by it