Argyll and Bute Council Development & Infrastructure Services
Committee Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle
Reference No: 17/00041/PP Planning Hierarchy: Local Applicant: West Highland Housing Association Ltd Proposal: Erection of 5 dwellinghouses (affordable housing). Site Address: Land SW of Baile Iochdrach, Lower Kilchattan, Isle of Colonsay
DECISION ROUTE
Local Government Scotland Act 1973
(A) THE APPLICATION
(i) Development Requiring Express Planning Permission Erection of 5no. dwellings (4no. semi-detached and 1no. detached); Improvements to existing private access and public road junction; Installation of wastewater treatment plant and outfall; Installation of surface water drainage system.
(ii) Other specified operations Connection to public water main.
(B) RECOMMENDATION:
Recommend that planning permission be granted subject to the conditions and reasons set out below.
(C) CONSULTATIONS:
Highlands and Islands Airports Ltd – responded: 18.01.2017 – No objection
Scottish Environment Protection Agency – responded: 20.01.2017 – No objection; advice provided
Royal Society for the Protection of Birds – responded: 27.01.2017 – No objection subject to condition
West of Scotland Archaeology Service – responded: 03.02.2017 – No objection subject to condition
Council’s Flood Risk Management Officer – 06.02.2017 & 24.02.2017 – No objection subject to condition
Council’s Area Roads team – responded: 06.02.2017 – No objection subject to conditions
Council’s Area Environmental Health team – responded: 06.02.2017 – No objection subject to condition
Colonsay Community Council – responded: 13.02.2017 – Communicated strong support from the community, with some individual concerns which were raised by constituents. These individual concerns are addressed in Section (F) below.
Council’s Local Biodiversity Officer – responded: 03.02.2017 – No objection subject to conditions
Crofting Commission – no response received to date
(D) HISTORY:
No relevant planning history
(E) PUBLICITY:
Regulation 20 advert – expired: 16.02.2017
(F) REPRESENTATIONS:
(i) Representations received from:
A total of 86 representations have been received to this application; 62 in support, 24 in objection and 2 neither supporting nor objecting.
Councillor Anne Horn (3/3/17): Supportive of the affordable housing in Colonsay.
SEE APPENDIX B BELOW FOR FULL LIST OF THIRD PARTY REPRESENTATIONS
(ii) Summary of issues raised:
* It should be noted that the issues detailed below are only a summary of the representations which have been received and that full copies of the relevant correspondence can be viewed on the Council’s website. www.argyll- bute.gov.uk
Support
The vast majority of letters submitted in support of the application cited the severe lack of affordable housing on the island and the implications for the population. A declining and ageing population was cited as being the result of locals and young families who are unable to afford to stay on the island. A number of individual and personal examples of this have been provided.
The biodiversity issues raised by objectors are outweighed by the need for affordable housing.
The biodiversity issues raised by objectors can be successfully mitigated, as per the response from the RSPB.
The loss of this small area of croft land will be mitigated by the improvements to the access to existing croft land. Newly created crofts will benefit directly from the proposed housing development.
Housing has traditionally been spread all over Colonsay, the objectors’ arguments that the development is in the wrong part of the island are erroneous.
The design is an appropriate mix of modern and traditional vernacular.
Objection
The proposed development would have an adverse impact on protected species and their habitats which would be contrary to Scottish Planning Policy and the Development Plan. Species cited by objectors are: corncrake, other ground-nesting birds, slow worms, common lizards, rabbits, otters, bats
Comment: This issue is explored in Appendix A, Section C below. It is recognised that the application site does contain valuable habitat and has the potential to support a range of species. However, both the RSPB and the Council’s Local Biodiversity Officer are satisfied that, provided certain measures are put in place, the development will not have a significant adverse effect on these interests.
The proposed development will give rise to noise and light pollution
Comment: The Council’s Environmental Health team have not raised any concerns with respect to noise and light pollution. This is not an abnormal scale or type of development within the context of the area and there are no aspects of the development which are considered to give rise to noise or light pollution.
Rural Opportunity Areas should not be considered to be the automatic acceptance of any and all proposals for small housing development. Development must take place on ‘appropriate sites’ in accordance with Policy LDP DM 1 of the Development Plan
Comment: Rural Opportunity Areas are not considered to be the automatic acceptance of any and all proposals for small housing development. The location of the proposed development is considered to be an ‘appropriate site’ – the settlement strategy is discussed in Appendix A, Section A below.
The PDA at Scalasaig is where affordable housing should be provided on Colonsay, in close proximity to services and amenities.
Comment: The PDA at Scalasaig does contain a requirement for 25% affordable housing. However, the current proposal is consistent with the Development Plan and settlement strategy on its own merits.
The siting and design of the buildings is inappropriate for the open, rural setting and inconsistent with the traditional design vernacular and settlement pattern in this area. The buildings will appear too prominent in the landscape and will be visually intrusive.
Comment: This matter is explored in Appendix A below. It is the opinion of officers that the design of the buildings is appropriate for the location and the development can be successfully absorbed within the landscape in a manner which is consistent with the prevailing settlement pattern.
The provision of road surfacing and paving is inconsistent with Argyll and Bute Council design guidance.
Comment: The design guidance does seek to discourage excessive ‘urban’ features such as large areas of hard surface and paving. The proposed surfacing of the site has been kept to a minimum and is not considered to be excessive. The surface treatment of the access will be agreed prior to development commencing, small areas of concrete paving slabs have been included to provide pedestrian access to the buildings and the parking areas will consist of block paving. The areas of hard surface are accepted as being proportionate to the development and will assist in providing safe access for pedestrians, particularly those with special needs.
The permission applied for indicates that widening of the existing access road and bell-mouth and the construction of a passing place are to be located on my ground and the applicants have no agreement with me to that effect. As such it will not be possible for the applicants to construct the passing places or carry out the work needed to widen the existing access road and therefore the permission as applied for cannot be granted.
Comment: Whilst the land ownership situation is not a material planning consideration, the applicant’s agent has been made aware of this representation and it has been confirmed that the appropriate ownership notification has been served and certified by the applicant. The land required for the passing places has not been included within the application site but a suspensive planning condition will ensure that the work must be carried out prior to any other development commencing.
The proposed development should not be built on croft land and will contribute to the continued decline of croft land in Kilchattan. Comment: The proposed development is located within a Rural Opportunity Area, wherein the Development Plan offers broad encouragement to ‘small-scale’ housing development on appropriate sites. The proposal is considered to be consistent with the Development Plan in every regard. A consultation response is still awaited from the Crofting Commission and Members will be appraised separately of any response received between the compilation of this report and the meeting
There is a limit of 10 houses via the only possible access road. The addition of this development will prevent further development associated with crofts accessed from this road.
Comment: The current assessment has been made taking into account extant planning permissions and existing development. It is not possible to second-guess future development proposals. The current proposal can be safely accommodated, with commensurate improvements, via the access track in question. Whatever access regime might be required to serve any prospective future development would be a matter for consideration at the time of any subsequent application(s).
The access track is at risk from flooding. In previous years the tide has washed over the track, leaving debris and causing it to be blocked.
Comment: The access track does lie adjacent to the medium likelihood (0.5% annual probability or 1 in 200 year) flood extent of the SEPA Flood Map and may therefore be at medium to high risk of flooding. This matter has been addressed by the Scottish Environment Protection Agency and the Council’s Flood Risk Management Officer; who have concluded that the risk is within acceptable limits. Nonetheless, a copy of the advice provided by the Council’s Flood Risk Management Officer will be forwarded to the developer – this notes the potential for flooding of the access track under certain conditions.
The access track is not capable of safely accommodating further development; it will be rendered unusable in a very short time.
Comment: The access track, with the implementation of commensurate improvements, is considered by the Council’s Roads Engineers as being capable of safely accommodating the proposed development. Maintenance responsibilities would rest with the users of this shared private access.
More bins at the roadside will be an unsightly and unsafe problem.
Comment: The provision of a refuse collection point adjacent to the public road will be required by planning condition. This is a normal situation in rural locations where properties are served by a private access.
Will the allocation of the houses be to appropriate people?
Comment: This is not a matter for the Planning Authority to consider. Consistency with the Development Plan does not rely on the development being for ‘affordable housing’ and tenancy allocation is not a material planning consideration. Should social housing be treated any different to private housing in the eyes of the Planners?
Comment: The provision of affordable and social housing is a matter for the Planning Authority where provision is required to satisfy policy requirements. However, this proposal is acceptable on its own merits regardless of its status as ‘affordable housing’ and therefore has not been assessed or treated differently from a private housing development proposal.
What other sites have been considered, and why were they rejected?
Comment: The proposed development is consistent with the settlement strategy set out in the Development Plan. There is no requirement to demonstrate a locational need for the development and therefore no requirement to set out any alternative sites which were considered.
(G) SUPPORTING INFORMATION
Has the application been the subject of:
(i) Environmental Statement: No
(ii) An appropriate assessment under the No Conservation (Natural Habitats) Regulations 1994:
(iii) A design or design/access statement: Yes – a short Design Statement has been provided on the submitted plans
(iv) A report on the impact of the proposed Yes – a Flood Risk development eg. Retail impact, transport Assessment was impact, noise impact, flood risk, drainage provided in response to impact etc: concerns raised by the Council’s Flood Risk Management Officer
(H) PLANNING OBLIGATIONS
Is a Section 75 agreement required: No
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No
(J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application.
‘Argyll and Bute Local Development Plan’
LDP STRAT 1 – Sustainable Development. The site is located within a Rural Opportunity Area.
LDP DM 1 – Development within the Development Management Zones
LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment
LDP 8 – Supporting the Strength of our Communities
LDP 9 – Development Setting, Layout and Design
LDP 11 – Improving our Connectivity and Infrastructure
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’
Natural Environment
SG LDP ENV 1 – Impact on Habitats, Species and our Biodiversity
SG LDP ENV 2 – Development Impact on European Sites
SG LDP ENV 4 – Development Impact on Sites of Special Scientific Interest (SSSIs) and National Nature Reserves
SG LDP ENV 5 – Impact on Local Nature Conservation Sites (LNCS)
Landscape and Design
SG LDP ENV 14 – Landscape
Historic Environment and Archaeology
SG LDP ENV 20 – Impact on Sites of Archaeological Importance
General Housing Development
SG LDP HOU 1 – General Housing Development Including Affordable Housing Provision
Departures from the Local Development Plan
SG LDP DEP – Departures from the Local Development Plan
Sustainable Siting and Design
SG LDP Sustainable – Sustainable Siting and Design Principles
Resources and Consumption SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
Addressing Climate Change
SG LDP SERV 7 – Flooding and Land Erosion – The Risk Framework for Development
Transport (Including Core Paths)
SG LDP TRAN 3 – Special Needs Access Provision
SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes
SG LDP TRAN 6 – Vehicle Parking Provision
(ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013.
Scottish Planning Policy Consultation responses Third party representations Local affordable housing need
(K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No
(L) Has the application been the subject of statutory pre-application consultation (PAC): No
(M) Has a sustainability check list been submitted: No
(N) Does the Council have an interest in the site: No
(O) Requirement for a hearing (PAN41 or other): There is no mandatory requirement for a hearing, however given the significant local interest and representation on the application in the context of a relatively small island community, Members may wish to consider whether it is appropriate to hold a discretionary local hearing.
However, the proposal is consistent with the Development Plan and there are no particularly controversial or complex issues which would benefit from being explored in detail at a hearing. All the representations received from third parties have been satisfactorily addressed and there are no objections to the proposal from consultees.
It is the opinion of officers that a discretionary hearing would add little value to the assessment process in this instance.
(P) Assessment and summary of determining issues and material considerations
This application relates to a low-lying field within the dispersed crofting settlement of Lower Kilchattan on the west coast of Colonsay. Planning permission is sought for the erection of 5no. dwellinghouses in three blocks; two sets of semi-detached with a single detached dwelling.
The application site lies within a ‘Rural Opportunity Area’ (ROA), wherein the provisions of policies LDP DM 1 and SG LDP HOU 1 of the Development Plan offer broad encouragement to ‘small-scale’ (not exceeding 5 dwelling units) housing development on appropriate sites, subject to ongoing capacity evaluation.
The siting, design, access and servicing of the proposed development are considered to be acceptable and consistent with the relevant provisions of the Development Plan.
The site presents a number of additional constraints; notably archaeology, natural heritage and flood risk. These issues are addressed in detail in Appendix A, where it is concluded that, subject to the imposition of relevant conditions and mitigation measures, the development will not give rise to significant adverse effects in any of these regards and is consistent with the relevant Development Plan policy.
The proposed development is an application by West Highland Housing Association Ltd, and is intended to fulfil an urgent need for affordable housing on the Isle of Colonsay. Whilst the proposal is considered to be consistent with the Development Plan regardless of its ‘affordable housing’ status, this is a material consideration which adds further weight to the merits of the proposal.
(Q) Is the proposal consistent with the Development Plan: Yes
(R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted:
The development is wholly consistent with the relevant provisions of the Development Plan and other material considerations relating to the provision of affordable housing serve to strengthen the merits of the proposal. There are no other considerations, including the views expressed by third parties, which would warrant anything other than the determination of the application in accordance with the provisions of the Development Plan.
(S) Reasoned justification for a departure to the provisions of the Development Plan N/A
(T) Need for notification to Scottish Ministers or Historic Scotland: No
Author of Report: Rory MacDonald Date: 02.03.2017 Reviewing Officer: Richard Kerr Date: 03.03.2017
Angus Gilmour Head of Planning & Regulatory Services CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 17/00041/PP
1. The development shall be implemented in accordance with the details specified on the application form dated 10th January 2017 and the approved drawings numbered 1 to 4 unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.
Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.
2. The developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record, recover and report items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences.
Reason: In order to protect archaeological resources, to ensure the development is consistent with the Development Plan and Scottish Planning Policy.
3. No development shall commence until a scheme of access works, with associated implementation timescales, has been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads department. These works shall include the following:
Connection of the private access serving the development site to the public road to be constructed as per standard detail drawing ref. SD 08/004 Rev. a (access width: 5.50 metres) with visibility splays of 75 x 2.40 x 1.05 metres;
Passing place to be provided on the private access between the public road and the application site. The passing places shall be sited at 150m intervals and constructed as per standard detail drawing ref. SD 08/003 Rev a.;
A turning head for a commercial vehicle;
Potholes along the length of the access to be infilled and the surface regraded where required on completion of construction works;
Refuse collection point to be provided adjacent to the public road.
Reason: In the interests of road safety, to ensure the development is served by an adequate and safe standard of vehicular access and parking.
4. No ground breaking works shall be undertaken on the site during the period of March- August inclusive, unless otherwise agreed in writing by the Planning Authority in consultation with the Royal Society for the Protection of Birds. Any agreement may include mitigation measures to ensure there is no adverse effect upon ground-nesting birds. Reason: In the interests of biodiversity, to ensure that construction works do not have a significant adverse effect upon the ground-nesting bird population.
5. No development shall commence until a scheme of mitigation measures for affected corncrake habitat has been agreed in writing by the Planning Authority in consultation with the Royal Society for the Protection of Birds. Such measures will include the following:
Removal and replanting of any iris beds that will be lost through building/ground clearance;
Protecting/establishing an area of early-cover habitat (i.e. herb-rich grassland, nettle or iris) in the immediate vicinity of the development.
The development shall thereafter be implemented in accordance with the duly agreed details.
Reason: In the interests of biodiversity, to ensure the proposal does not have an adverse effect upon the habitat of an Annex 1 species (EC Birds Directive).
6. No development shall commence until an ecological survey has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority in consultation with the Council’s Local Biodiversity Officer. This survey shall also include a scheme of mitigation measures for the species identified in the survey and shall specifically address the following:
The management of the construction of the buildings and the overflow pipe
The management of Crocosmia
The development shall be implemented in accordance with the measures identified in the duly approved scheme.
Reason: In the interests of biodiversity, to ensure the development does not have an adverse effect upon existing features of biodiversity value and any protected species frequenting the development site.
7. No development shall commence until a landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of:
i) Location, design and materials of proposed walls, fences and gates; ii) Surface treatment of communal area for the manoeuvring of vehicles within the application site; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels; iv) The retention of the reedbed and willow thicket;
The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme.
All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to preserve features of biodiversity value.
8. Notwithstanding the effect of Condition 1, no development shall commence until written details of the timber cladding to be applied to the external walls of the hereby approved buildings have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority.
Reason: In the interest of clarity and in order to integrate the development into its surroundings.
9. No development shall commence until full details of a scheme of drainage proposals has been submitted to and approved in writing by the Planning Authority. This scheme shall include:
Details of the overland flow interception design to be provided. This system shall be designed to convey a flow of 88 l/s;
Details of the proposed surface water drainage system, which shall be designed in accordance with CIRIA C753 and Sewers for Scotland 3rd Edition. The scheme shall include details of the future maintenance regime for the system
Reason: In order to ensure that the development is not subject to an unacceptable degree of flood risk and to ensure that surface water is managed in a sustainable and adequate manner.
10. No development shall commence until full details of the siting and design of the hereby approved outfall pipe have been submitted to and agreed in writing with the Planning Authority. The development shall thereafter be completed in accordance with the approved details.
Reason: In the interest of visual amenity, to ensure the outfall pipe does not give rise to an adverse impact upon the character of the area through inappropriate siting/design.
11. Notwithstanding the effect of Class 3A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, or any equivalent provisions following the revocation and re-enactment thereof, no buildings incidental to the enjoyment of the hereby approved dwellings will be erected without the prior written permission of the Planning Authority.
Reason: In the interest of visual amenity, to prevent the siting of inappropriate buildings which could undermine the character of the area. The position of the dwellings is such that Class 3A of the GPDO offers the potential for extensive development with no requirement for express planning permission. NOTE TO APPLICANT
The length of the permission: This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]
In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start.
In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.
A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.
The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.
The developer is advised to note the comments in the attached response from the Council’s Flood Risk Management Officer with respect to the access track.
The developer is advised to make contact with the Scottish Environment Protection Agency and The Crown Estate with respect to the proposed outfall. Consent from both bodies is likely to be required. APPENDIX A – RELATIVE TO APPLICATION NUMBER: 17/00041/PP
PLANNING LAND USE AND POLICY ASSESSMENT
A. Settlement Strategy
The application site lies within a ‘Rural Opportunity Area’ (ROA), wherein the provisions of policies LDP DM 1 and SG LDP HOU 1 of the Development Plan offer broad encouragement to ‘small-scale’ (not exceeding 5 dwelling units) housing development on appropriate sites, subject to ongoing capacity evaluation.
The location and siting of the proposed development is discussed in more detail below, where it is concluded that this is an appropriate site and the development can be accommodated within the context of the existing settlement pattern and wider landscape.
The proposed development therefore represents a ’small-scale’ housing development on an appropriate site within an ROA, and is consistent with the settlement strategy set out in policies LDP DM 1 and SG LDP HOU 1 of the Development Plan.
B. Location, Nature and Design of Proposed Development
The application site is located within the dispersed crofting settlement of Lower Kilchattan on the west coast of Colonsay. The proposed development will occupy a fairly level, low-lying field close to the coast; the closest dwellings are ‘Corncrake Cottage’ to the south east and ‘Baile Iochdrach’ to the north.
The proposed development comprises 5no. dwellinghouses in three blocks; two sets of semi-detached with a single detached dwelling. The layout of the buildings is intended to respect the traditional character of the wider area – a ‘random cluster’ set out in a rough ‘L’ shape which mimics similar irregular, low-density building clusters within the Kilchattan area.
All three buildings will be single storey in height and gable-ended with broadly rectangular footprints. The pitch on the main roofs will be 35º and external materials will consist of natural slate roofs with a mix of white, smooth render and horizontal timber cladding on the walls. Stainless steel flues will protrude from the roofs and the doors and windows will be timber and aluclad respectively.
The siting and layout of the proposed development is considered to be acceptable. The irregular, low-density grouping is consistent with the existing settlement pattern and the topography of the site and surrounding landscape is such that the dwellings can be readily accommodated without appearing too prominent or incongruous. The development as whole will integrate well within the existing built form of Lower Kilchattan. As such, the proposal is considered to be consistent with Development Plan policies LDP 3, LDP 9, SG LDP ENV 14 and SG LDP Sustainable in this regard.
The design of the dwellings is broadly traditional, with the incorporation of some modern, non-traditional features. Improvements to the submitted design have been sought during the planning application process:
The gable width is greater than that which would ideally be encouraged, given that narrow gables are a more traditional design feature in rural locations in Argyll. However, the inclusion of timber cladding to the edges of the gables to provide contrast with the central section of the gable ends has served to soften this effect and to improve the design.
The roof pitch is within acceptable limits; traditionally roofs would be within 35º to 45º - the pitch has been increased from 30º to 35º at the request of officers.
The overhang on the eaves with associated fascia detail is a more modern design feature; and a traditional plain gable without overhangs but with skews would be desirable.
The applicant’s agent has advised that the implementation of design improvements beyond those agreed thus far would prove too costly and render the project “unfundable” under the allowance set by the Scottish Government.
Despite the suggested improvements not being accepted in full, the design of the buildings is nonetheless considered to be consistent with the design principles set out in the Development Plan. The buildings are of a form and scale which will sit comfortably within the open, rural setting and mostly traditional built form of the Kilchattan Area and the proposal is therefore consistent with policies LDP 9 and SG LDP Sustainable of the Development Plan in this regard.
C. Natural Environment
The application site is located within a ‘Local Nature Conservation Site’, less than 1km from the Oronsay and South Colonsay Site of Special Scientific Interest (SSSI) and Special Protection Area (SPA) and includes a variety of habitats. Most notably, the area constitutes an important habitat for corncrake.
Consultation responses from the Royal Society for the Protection of Birds (RSPB) and the Council’s Local Biodiversity Officer have recognised the value of the habitats in question and recommended that certain mitigation measures are put in place to ensure that the development does not have an adverse effect upon natural heritage interests. It is not considered that the development will have a significant effect upon the qualifying interest of the designations and a Habitats Regulations ‘appropriate assessment’ is not required. The following are recommended as conditions to be attached to any planning permission granted:
Preservation of corncrake habitat which will be affected by the construction works;
Ground clearance works to take place outwith the ground nesting birds breeding season (March – August), unless agreed in advance with the RSPB and the Planning Authority. Any agreement may include mitigation measures or specific caveats;
The carrying out of an ecological survey at the appropriate time of year. This survey will include mitigation for the species identified in the survey and provide advice on the management of the workings of the buildings and the overflow pipe;
Steps to combat the spread of Crocosmia, an Invasive Non-Native Species;
The implementation of a Landscape Planting Plan which provides for the retention of the reedbed, willow thicket and the re-location of the Iris bed. A number of representations have been received which identify species and habitats which will be affected by the proposed development. Objections have been received on the basis that the development will have a significant adverse effect on natural heritage interests. However, it is considered that the mitigation measures set out in the responses from the RSPB and the Council’s Biodiversity Officer will satisfactorily address the natural heritage interests and the development will not therefore give rise to a significant adverse effect upon any species or habitat. The proposal is therefore consistent with policies LDP 3, SG LDP ENV 1, SG LDP ENV 2, SG LDP ENV 4 and SG LDP ENV 5 in this regard.
D. Affordable Housing
The proposed development is an application by West Highland Housing Association Ltd, and is intended to fulfil an urgent need for affordable housing on the Isle of Colonsay. The identified need has been corroborated and quantified by the Council’s Housing Services Manager:
“There are currently 17 active applications on the common housing register for Colonsay. This figure covers only those people who have recorded their housing need. It also includes two statutory homeless families to whom the Council has a statutory obligation to secure permanent housing. These cases have been waiting for over a year and there is little prospect for a solution within the current housing provision…the affordability analysis we did back in 2014 suggested that only 25% of local households could afford the average market price – again a strong indicator of unbalanced housing market and latent demand for affordable homes”
Whilst the proposal is considered to be consistent with the Development Plan regardless of its ‘affordable housing’ status, this is a material consideration which adds further weight to the merits of the proposal and offers some justification for the compromises in design.
E. Road Network, Parking and Associated Transport Matters.
The development site is accessed by a private access which connects to the B8086 public road and serves a number of existing dwellings. A number of upgrades are proposed to the private access in order to facilitate the increased traffic volumes created by the proposed development:
The upgrade of the existing public/private road junction; The widening of the shared private access; The provision of passing places along the private access at intervals of 150m; Infilling of potholes and regarding of the private access upon completion of construction works;
A new offshoot from the existing private access will provide a means of vehicular access to the site, where an appropriate level of parking and turning for vehicles will be provided.
It is considered that the proposed works are appropriate to the scale and nature of the proposed new development and will result in an access/parking regime which is adequate to safely serve the development. The proposal is therefore consistent with policies LDP 11, SG LDP TRAN 4 and SG LDP TRAN 6 of the Development Plan in this regard.
It should be noted that a representation has been received from a neighbouring landowner, which reads as follows:
“I am writing to object to this as the permission applied for indicates that widening of the existing access road and bell-mouth and the construction of a passing place are to be located on my ground and the applicants have no agreement with me to that effect. As such it will not be possible for the applicants to construct the passing places or carry out the work need to widen the existing access road and therefore the permission as applied for cannot be granted”
Whilst the land ownership situation is not a material planning consideration, the applicant’s agent has been made aware of this representation and it has been confirmed that the appropriate ownership notification has been served and certified by the applicant. The land required for the passing places has not been included within the application site but a suspensive planning condition will ensure that the work must be carried out prior to any other development commencing.
F. Infrastructure
The development will be served by a private wastewater treatment with an outfall which will discharge to the sea. A condition will be attached to any planning permission granted requiring full details of the siting and design of the outfall pipe to be agreed with the Planning Authority in advance of development commencing to ensure this is not inappropriate. The developer will be made aware that a CAR licence (issued by SEPA) and consent from the Crown Estate will have to be sought for this element of the proposal.
A representation has been received from a neighbouring resident which notes the presence of an existing outfall pipe within the area proposed for development, which originates from a waste treatment system on neighbouring land. The applicant’s agent has confirmed that they are aware of this and that steps will be taken on site to ensure this situation is addressed without adverse effect upon the interest of the neighbour in question.
Potable water will be achieved through connection to the public network.
The development will include a Sustainable Urban Drainage System (SUDS) to deal with surface water drainage. A condition will be attached to any permission granted ensuring that the design and ongoing maintenance of the system is appropriate.
The proposal is considered to be consistent with policies LDP 11, SG LDP SERV 1 and SG LDP SERV 2.
G. Flood Risk
Part of the access road serving the site lies immediately adjacent to the medium likelihood (0.5% annual probability or 1 in 200 year) flood extent of the SEPA Flood Map and may therefore be at medium to high risk of flooding. As such, consultations have been undertaken with SEPA and the Council’s Flood Risk Management Officer. It was concluded that the risk of flooding is within acceptable limits, however the Council’s Flood Risk Management Officer has suggested that the applicant be made aware that part of the access track may be at risk.
Additionally, more information was sought on potential overland flow as surrounding ground levels are higher than the proposed finished floor levels. Following the submission of a Flood Risk Assessment, the Council’s Flood Risk Management Officer is satisfied that this can be satisfactorily dealt with through interception measures proposed within the FRA. This will be secured by planning condition.
The proposal is considered to be consistent with policy SG LDP SERV 7.
H. Archaeology
A consultation response has been received from West of Scotland Archaeology Service confirming that the application sites lies in an archaeologically sensitive area, populated with recorded sites and monuments. Unrecorded archaeological remains unearthed during ground disturbance are to be expected. In order to ensure that archaeological issues are adequately addressed, a watching brief condition should be added to any planning permission granted. The attachment of this condition will ensure that the proposal is consistent with Development Plan policy SG LDP ENV 20 and Scottish Planning Policy in this regard. Appendix B – Third Party Representations received – 17/00041/PP
OBJECTORS
Burns, Janet Woodlands Cawdor Road Nairn IV12 5EF 09/02/2017 O
Burns, John Woodlands Cawdor Road Nairn IV12 5EF 09/02/2017 O
Byrne, Christa Homefield Lower Kilchattan Isle of Colonsay 11/02/2017 O Argyll And Bute PA61 7YR
Byrne, Kevin Homefield Lower Kilchattan Isle of Colonsay 11/02/2017 O Argyll And Bute PA61 7YR
Byrne, Maghnus Longfield Lower Kilchattan Isle of Colonsay 13/02/2017 O Argyll And Bute PA61 7YR
Campbell, Flora Baile Iochdrach Lower Kilchattan Isle of 01/03/2017 O Colonsay PA61 7YR
Campbell, Percy 4 Arkenside Mews Cirencester Glos GL7 1QQ 31/01/2017 O
Cooke, Leone No Address Given 26/01/2017 O
Furze, Phoebe Cnoc Na Ban Lower Kilchattan Isle of 25/01/2017 O Colonsay Argyll And Bute PA61 7YR
Furze, Robert 32 Astonville St London SW18 5AL 31/01/2017 O
Furze, Rupert Solas Cottage Young Street Nairn Nairnshire 31/01/2017 O IV12 4ET
Furze, Sophie Cnoc Na Ban Lower Kilchattan Isle of 22/01/2017 O Colonsay Argyll And Bute PA61 7YR
Hannay, L 24 Kirkland Street Dalry Castle Douglas 10/02/2017 O Kirkcudbrightshire DG7 3UX
Hannay, Tim 5 Marmion Road North Berwick East Lothian 10/02/2017 O EH39 4PG
Hansen, E Baile Iochdrach Lower Kilchattan Isle Of 22/02/2017 O Colonsay PA61 7YR Hendrie, Kirsten 31Barnton Gardens Edinburgh EH4 6AE 25/01/2017 O
Lawson, A M Brough House Kinloss Moray IV36 2UA 09/02/2017 O MacNeill, D Baile Iochdrach Lower Kilchattan Isle of 22/02/2017 O Colonsay PA61 7YR MacNeill, M Baile Iochdrach Lower Kilchattan Isle of 22/02/2017 O Colonsay PA61 7YR Poland, John Ferry Cottage The Rhos Haverfordwest 31/01/2017 O SA62 4AR Robinson, Les Homefield Croft Lower Kilchattan Isle of 05/02/2017 O Colonsay Argyll And Bute PA61 7YR Robinson, Rhona Corncrake Cottage Isle of Colonsay 29/01/2017 O PA61 7YR Ruane, Richard J No Address Given 10/02/2017 O
Scott, David Maxwell No Address Given 10/02/2017 O
SUPPORTERS Abrahams, Andrew Poll Gorm The Strand Isle of Colonsay 12/02/2017 S Argyll and Bute PA61 7YR Abrahams, Sandy Partner Lux Nova Partners Limited 24/01/2017 S
Anderson, Anne 37 Whiting Road Wemyss Bay PA18 13/02/2017 S 6EB Anderson, James 2 Glassard Isle of Colonsay Argyll and 12/02/2017 S Bute PA61 7YN Anderson, Sarah Flat 3/1 2 Broomlands Court Paisley PA1 13/02/2017 S 2LN Bailey, Natalie 85 Pierce Street Macclesfield Cheshire 30/01/2017 S SK11 6EX Bamforth, Angela The Studio At No 8 Darwin Grove 30/01/2017 S Bramhall Cheshire SK7 2DS Bell, Katrina 26 Cleland Place Calderwood East 27/01/2017 S Kilbride G74 1HJ Bennett, Janet Col Na Tarn Upper Kilchattan Isle of 27/01/2017 S Colonsay Argyll and Bute PA61 7YR Bradley, Colin 18A Uppercraigs Stirling FK8 2DG 13/02/2017 S
Bradley, Nicki 18A Upper Craigs Stirling FK8 2DF 14/02/2017 S
Burns, Jak Ferry View Scalasaig Isle of Colonsay 30/01/2017 S Argyll and Bute PA61 7YW Campbell, Arlene 8 Columba Court Oban Argyll and Bute 01/02/2017 S PA34 5BG Carnell, Jennifer 20 Travebank Gardens Monifieth 16/02/2017 S Dundee Angus DD5 4ET DD5 4ET Carrigan, Annie Dunara Upper Kilchattan Isle of 30/01/2017 S Colonsay Argyll and Bute PA61 7YR Chalmers, Linsay Community Land Scotland Scott Road 10/02/2017 S Tarbert Isle of Harris HS3 3DL Clark, Barbara 2 Dunoran Scalasaig Isle of Colonsay 31/01/2017 S Argyll and Bute PA61 7YZ Clark, Gavin The Pantry Scalasaig Isle of Colonsay 31/01/2017 S Argyll and Bute PA61 7YW Dance, Sue Tigh Ur Lower Kilchattan Isle of 01/02/2017 S Colonsay Argyll and Bute PA61 7YR Du Cane, Alison Ravensburn 16 Shore Road Skelmorlie 14/02/2017 S PA17 5DY Gallacher, Jacqueline 79 Langmuirhead Road Glasgow G66 30/01/2017 S 5DJ Halligan, Morag Nether Stewarton Eddleston Peebles 30/01/2017 S EH45 8PP Hamilton, Barbara Beinn Sgoltaire Uragaig Isle of Colonsay 30/01/2017 S Argyll and Bute PA61 7YT Harvey, Rona Clachan Calltuin Isle of Colonsay PA61 20/02/2017 S 7YW Hemmings, Mark 18 Whitefield Avenue Newcastle ST5 30/01/2017 S 2JH Hobhouse, Georgina Clachan Calltuin Scalasaig Isle of 30/01/2017 S Colonsay Argyll and Bute PA61 7YW Jewell, Chris Crumble Cottage East Uragaig Isle of 30/01/2017 S Colonsay PA61 7YT Jewell, Rosalind Crumble Cottage East Uragaig Isle of 30/01/2017 S Colonsay PA61 7YT Johnston, David Fairnielaw House Athelstaneford North 31/01/2017 S Berwick EH395BE Johnston, Grace Croft 1 Baile Iochdrach Lower Kilchattan 01/03/2017 S Isle of Colonsay Argyll And Bute PA61 7YR Johnston, Keir Croft 1 Baile Iochdrach Lower Kilchattan 01/02/2017 S Isle of Colonsay Argyll And Bute PA61 7YR Johnston, Shirley Maggie Thomsons Cottage Scalasaig 03/02/2017 S Isle of Colonsay Argyll And Bute PA61 7YW Johnstone, Eilidh 47 Pennan Fraserburgh Aberdeenshire 06/02/2017 S AB43 6JB Johnstone, Lucy 14 Toberonochy Luing Argyll PA34 4UE 30/01/2017 S
Lawson, William Seaview Track To Druimhaugh Lower 08/02/2017 S Kilchattan Isle of Colonsay Argyll and Bute PA61 7YR
Lund, Keith 14 Dalesman Drive Carlisle Cumbria 14/02/2017 S CA1 3TH MacAllister, Hannah Creag Mhor Upper Kilchattan Isle of 30/01/2017 S Colonsay Argyll and Bute PA61 7YR MacConnell, Archibald Col Na Tarn Upper Kilchattan Isle of 10/02/2017 S Colonsay Argyll and Bute PA61 7YR MacGregor, Andrew An Taigh Geal Scalasaig Isle of 31/01/2017 S Colonsay Argyll and Bute PA61 7YW Mann, Helen Hill Cottage Scalasaig Isle of Colonsay 31/01/2017 S Argyll and Bute PA61 7YW Marshall, Esme Poll Gorm The Strand Isle of Colonsay 12/02/2017 S Argyll and Bute PA61 7YR McKinnon, Mary Mulldubh Upper Kilchattan Isle of 02/02/2017 S Colonsay Argyll and Bute PA61 7YR McNeil, Isabella No Address Given 10/02/2017 S
McNeill, Caitlin 1 Squint Street Scalasaig Isle of 30/01/2017 S Colonsay Argyll and Bute PA61 7YW McNeill, Christine 4 Glenoran Scalasaig Isle of Colonsay 06/02/2017 S Argyll and Bute PA61 7YW McNeill, Craig 138 Lockerbie Road Dumfries DG1 3BW 30/01/2017 S
McNeill, Hugh 4A Catalina Avenue Oban PA34 4GD 27/01/2017 S
McNeill, Liam 4 Glenoran Scalasaig Isle of Colonsay 27/01/2017 S Argyll and Bute PA61 7YW McNeill, Seumas 4 Glenoran Scalasaig Isle of Colonsay 06/02/2017 S Argyll and Bute PA61 7YW Milliken, Catrina 4 Glassard Isle of Colonsay Argyll and 06/02/2017 S Bute PA61 7YN Milliken, Emma No Address Given 07/02/2017 S Musgrave, Shonagh Tigh Ur Lower Kilchattan Isle of 15/02/2017 S Colonsay Argyll and Bute PA61 7YR Neilson, Carri 3 3/2 Wardieburn Terrace Edinburgh 13/02/2017 S EH5 1DD Nisbet, Christopher Highfield Croft Upper Kilchattan Isle of 27/01/2017 S Colonsay Argyll and Bute PA61 7YR Nisbet, Holly Highfield Croft Upper Kilchattan Isle of 30/01/2017 S Colonsay PA61 7YR Patrick, Fran 8 Glassard Isle of Colonsay Argyll and 01/02/2017 S Bute PA61 7YN Penton, Joanne 14 Dalesman Drive Carlisle Cumbria 14/02/2017 S CA1 3TH Piper, Elizabeth 2 Silverknowes Court Edinburgh EH4 30/01/2017 S 5NS Pocklington, Robert Glaic-Na-Craiobhe Scalasaig Isle of 30/01/2017 S Colonsay Argyll and Bute PA61 7YW Reynolds, Lesley 47 Pennan Fraserburgh AB43 6JB 02/02/2017 S
Summers, Paul Mo Dhachaidh Uragaig Isle of Colonsay 30/01/2017 S Argyll and Bute PA61 7YT Weatherstone, Scott Gortain Cottage Upper Kilchattan Isle of 31/01/2017 S Colonsay Argyll and Bute PA61 7YR
3. - Neutral A3 d- aNmEsUoTnR, IAaLn Torrlinn Kilmory Isle of Arran Ka27 8PQ 06/02/2017 R
MacNeill, M Baile Iochdrach Lower Kilchattan Isle of 09/02/2017 R Colonsay Argyll and Bute PA61 7YR
Representations - Summary Totals
1 - OBJECTORS 24
2 - SUPPORTERS 62
3 - NEUTRAL 2