DEVELOPMENT SERVICES Local Member - Ward 5 PLANNING APPLICATION REPORT Date of Validity - 09/07/07 OBAN, LORN AND THE ISLES Committee Date - 05/09/07
31 July 2007
Reference Number: 07/01295/OUT Applicants Name: R A Gordon Duff Esq Application Type: Outline Application Description: Site for Erection of 2 Dwellinghouses Location: Site West of Seaview, Port Appin
(A ) THE APPLICATION
Development Requiring Express Planning Permission.
• Site for erection of two dwellinghouses (no details submitted) • Formation of vehicular access
Other Aspects of the Development
• Installation of septic tank and soakaway • Connection to public water main
(B ) RECOMMENDATION
It is recommended that subject to a discretionary hearing, planning permission be granted subject to the following conditions and reasons.
(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS
Outline planning permission is sought for erection of two dwellinghouses on land to the west of Seaview, Port Appin. The site is accessed from the Port Appin Road and is bounded on both sides by existing dwellinghouses.
Adopted Lorn Local Plan
The site lies within the Lorn Local Plan Inset Map for Port Appin. Port Appin is considered to be a sensitive settlement as defined by Policy HO22, within which large scale or unsympathetic development could have a detrimental effect on the existing landscape and servicing. Accordingly, new housing development has been restricted to those areas identified by Policy HO22 on the inset map.
The site lies within the area identified as being suitable for housing development in the Adopted Lorn Local Plan and accordingly the proposal accords with Adopted Policy.
Modified Finalised Draft Argyll and Bute Local Plan
The Modified Finalised Draft Argyll and Bute Local Plan has identified the site as being within the “settlement zone” designation within which Policy STRAT DC 1 of the Argyll and Bute Structure Plan encourages appropriate small scale infill, rounding-off and redevelopment. Developments which will result in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements will be resisted, however, suitable sites which, in terms of siting and design will visually integrate with the landscape and settlement pattern and constitute infill or rounding-off with this policy can be supported.
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The erection of two dwellinghouses on this site can be considered as acceptable infill development as it lies between two existing properties, Seaview to the east and Tigh Monach to the west. The proposed dwellinghouses are considered to meet the definition of infill development as contained within the Modified Finalised Draft Argyll and Bute Local Plan.
It is therefore considered that two new dwellinghouses on this site could be successfully integrated into the existing settlement pattern as infill development and would not have an adverse impact on the landscape quality or any key environmental features of the area.
In light of the above, and as there have been no public objections to the site during the Argyll and Bute Local Plan consultation process, the proposal is considered to represent a suitable opportunity for development consistent with Policy STRAT DC 1 of the Adopted Argyll and Bute Structure Plan and Policy LP HOU 1 of the Modified Finalised Draft Argyll and Bute Local Plan.
The principal of residential development is therefore acceptable subject to the proposed density being in accordance with the existing settlement pattern, infrastructure and servicing.
Setting
The area is characterised by a mix of dwellinghouses, including traditional single storey cottages, two storey dwellinghouses and modern bungalows and it is considered that the development of this site with two dwellinghouses is compatible with, and will consolidate the existing settlement pattern of the area.
Part of the application site appears to be in use as garden ground for the dwellinghouse to the east but the majority of the site is fairly overgrown with a backdrop of trees. Whilst the site is open green space, it is not considered to be sufficiently important in the overall setting of the village.
Layout and Density
The site plan shows an indicative layout of two fairly modest dwellinghouses with sufficient private open space which are similar in scale and massing to the existing dwellinghouses surrounding the site. The dwellinghouses do not exceed a third of the area of the site and are therefore consistent with the requirements of the modified finalised local plan.
Design
The application is for outline permission only, but it is considered that through appropriate conditioning an acceptable design in terms of the Council’s Sustainable Design Guide can be achieved for the site which will help integrate the proposal into its surroundings.
Servicing and Infrastructure
It is proposed to form a new vehicular access off the C27 Tynribbie to Port Appin Road to serve the two new dwellinghouses.
Various concerns have been raised regarding road issues. These include pedestrian and cyclist safety, lack of public parking, lack of passing places, intensification of use of an already congested road, jeopardising future road widening or improvement works and the relocation of the vehicle ferry to Port Appin.
The Area Roads Manager was consulted and has raised no objection to the proposal subject to appropriate conditions regarding the construction of the access onto the public road. He further advised that the site has adequate visibility of 2.4m x 60m and the development of 2 new dwellinghouses is not considered to be a significant intensification of use.
Drainage is via installation of a septic tank and soakaway and connection to the public water main is proposed.
The Scottish Environment Protection Agency has advised that the proposals for foul drainage are acceptable provided the minimum distances outlined in their response can be achieved. Full details of
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the foul drainage system will be submitted in accordance with SEPA’s requirements at the detailed stage.
Scottish Water has raised no objection and this advice will be reviewed at detailed stage.
Privacy and Amenity
In terms of privacy and amenity of neighbouring properties, the application is for outline permission only, however it is considered that the proposed dwellings can be sited a sufficient distance from neighbouring properties so as not to adversely affect their privacy and amenity as detailed in Appendix 1 of the Modified Finalised Draft Argyll and Bute Local Plan. Full details will be dealt with at the detailed stage of development.
With regards to daylighting, it is not considered that the development of this site will have a significant adverse effect on daylighting or direct sunlight to the neighbouring properties.
Boundary Treatment
The village of Port Appin is characterised by open gardens and hard boundary treatments such as fencing and walls are not common. Accordingly boundary treatment for the site will be limited to soft landscaping to help integrate the development into its surroundings.
(D ) CONCLUSION
The proposal is consistent with Policy HO22 of the Adopted Lorn Local Plan.
The proposal is consistent with Policy STRAT DC 1 of the Adopted Argyll and Bute Structure Plan, the settlement zone designation and Policies ENV19 and HOU 1 of the Modified Finalised Draft Argyll and Bute Local Plan.
33 letters of representation have been received relating to the proposed development and therefore, in accordance with Departmental Policy, it is advised that it would be appropriate to hold a discretionary informal hearing prior to the determination of this application.
Angus J Gilmour Head of Planning
Author: Fiona Scott 01631 567968 Contact: Ian McIntyre 01631 567951
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 07/01295/OUT
1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on the basis of an outline application for planning permission and that the further approval of Argyll and Bute Council or of the Scottish Executive on appeal shall be required with respect to the undermentioned reserved matters before any development is commenced:
(a) the siting, design and external appearance of the proposed development; (b) the landscaping of the site of the proposed development; (c) details of the access arrangements; (d) details of the proposed water supply and drainage arrangements.
Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.
2. In the case of the reserved matters specified in (1) above, an application for approval of the reserved matters in terms of Article 6 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 must be made to Argyll and Bute Council no later than the expiration of 3 years beginning with the date of this permission.
Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.
3. That the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within the expiration of 2 years from the final approval of all reserved matters, whichever is the later.
Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997.
4. Any details pursuant to Condition 1(a) above shall incorporate a design statement in accordance with the provisions of PAN 68 Design Statement which addresses the “key issues” in the Council’s Approved Design Guide for Small Scale Housing and shall show a design incorporating the following elements. i) be finished in white wet dash render or natural stone or a mixture of both; ii) have a roof covering of natural slate or good quality slate substitute; iii) be single or one and a half storeys in height; iv) incorporate windows with a strong vertical emphasis; v) have a roof pitch of not less than 37 o and not greater than 42o; vi) be predominantly rectangular in shape width traditional gable ends not exceeding 6 metres; vii) be sited to fit with the natural contours of the site and using existing landscape features as a natural backdrop; viii) have a footprint no greater than that shown on the approved site plan.
Reason: In the interests of visual amenity in order to reflect the vernacular building traditions of the area and integrate the proposal into its landscape setting.
5. Any details pursuant to Condition 1(c) above shall show the vehicular access at the junction with the public road constructed in accordance with Argyll & Bute Council Roads Services Drawing Number NA/32/05/2A and the proposed access shall be surfaced in dense bitumen macadam for the first 5 metres from the edge of the public road.
Reason: In the interest of road safety, in order to ensure that the proposed house is served by a safe means of vehicular access.
6. Any details pursuant to Condition 1(c) above shall include a number of car parking spaces within the site at a level commensurate with the size of dwelling house proposed, in accordance with Policy LP TRAN 6 of the Modified Finalised Draft Argyll and Bute Local Plan.
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Reason: To enable vehicles to park clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.
7. Any details pursuant to Condition 1(b) above shall show a scheme of boundary treatment, surface treatment and landscaping works submitted to and approved in writing by the Council, as Planning Authority: Details of the scheme to include:
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Council as planning authority, within six months of the dwelling house being occupied or brought into use. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting season following the commencement of the development unless otherwise agreed in writing with the Council, as Planning Authority.
Reason: In the interests of visual amenity, in order to integrate the development with its surroundings and maintain the landscape character of the area.
8. Notwithstanding the provisions of Article 3, Part 2, Class 7 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) (or any Order re-enacting or revoking that Order with or without revision), no walls, fences or other means of enclosure shall be built on the site which is the subject of this application. Construction of walls, fences or other means of enclosure cannot be carried out without planning permission being granted on an application made to the Planning Authority.
Reason: In the interests of visual amenity, to protect the visual qualities of the area and the setting of the proposed dwellinghouses from unsympathetic developments normally carried out without planning permission, these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992..
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APPENDIX RELATIVE TO APPLICATION 07/01295/OUT
A. POLICY OVERVIEW
In terms of Section 25 of the Act the following Development Plan Policies are applicable:
Argyll and Bute Structure Plan
STRAT DC 1 Development within the Settlements
Encouragement shall be given, subject to capacity, to development in the settlements as follows:
A) within the Main Towns to development serving a wide community of interest, including large scale development, on appropriate infill, rounding off and redevelopment sites. B) Within the Small Towns and Villages to development serving a local community of interest, up to and including medium scale development, on appropriate infill, rounding-off and redevelopment sites; in exceptional cases large scale development may be supported. C) Within the Minor Settlements to small scale development which is compatible with an essentially rural settlement location on appropriate infill, rounding-off or redevelopment sites; in exceptional circumstances medium or large scale development may be supported. D) Developments which do not accord with this policy are those outwith A), B) and C) above and urban bad neighbour developments which are essentially incompatible with the close configuration of land uses found in settlements e.g. mineral extraction or development which results in excessively high development densities, settlement cramming or inappropriate rounding-off on the edge of settlements. E) Development in settlements are also subject to consistency with the other policies of this Structure Plan and in the Local Plan.
Lorn Local Plan
HO 22 The following are considered to be Sensitive Settlements where large scale or unsympathetic development could have a detrimental effect on the existing landscape setting and servicing.
Appin/Tynribbie/Portnacroish, Balvicar, Barcaldine, Benderloch/Baravullin/Keil Crofts/Kintaline Mill, Clachan Seil, Dalmally/Stronmilchan, Easdale/Ellenabeich, Kilchrenan, Kilmore/Cleigh, North Connel/Black Crofts, Port Appin and Taynuilt.
The Council has accordingly restricted new housing development to areas identified on the inset maps. It will not grant approval for a house on greenfield sites outwith these areas other than in exceptional circumstances. Applicants will be required to demonstrate an overriding locational or operational need that makes it essential for them to have a house outwith rather than within the areas identified.
Where such need has been demonstrated, special attention will be given to ensure that the actual location of the house creates the minimum adverse environmental impact. Regard will also be had to the principles set out in the Government’s Planning Advice Note 36 when assessing all proposals within sensitive settlements.
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Modified Finalised Draft Argyll and Bute Local Plan
ENV 19 The Council will require developers and their agents to produce and execute a high standard of appropriate design in accordance with the design principles set out in Appendix A of this Local Plan, the Council’s sustainable design guide and the following criteria: -
Development Setting (A) Development shall be sited and positioned so as to pay regard to the context within which it is located.
Development Layout and Density (B) Development layout and density shall effectively integrate with the urban, suburban or countryside setting of the development. Layouts shall be adapted, as appropriate, to take into account the location or sensitivity of the area. Developments with poor quality or inappropriate layouts or densities including over-development and over-shadowing of sites shall be resisted.
Development Design (C) The design of developments and structures shall be compatible with the surroundings. Particular attention shall be made to massing, form and design details within sensitive locations such as National Scenic Areas, Areas of Panoramic Quality, Greenbelt, Very Sensitive Countryside, Sensitive Countryside, Conservation Areas, Special Built Environment Areas, Historic Landscapes and Archaeologically Sensitive Areas, Historic Gardens and Designed Landscapes and the settings of listed buildings and Scheduled Ancient Monuments. Within such locations, the quality of design will require to be higher than in other less sensitive locations.
(D) The design of buildings shall be suitably adapted to meet the reasonable expectations for special needs groups.
(E) Energy efficient design and sustainable building practice is strongly encouraged. HOU 1 General Housing Development
(A) There is a general presumption in favour of housing development other than those categories, scales and locations of development listed in (B) below. Housing development, for which there is a presumption in favour, will be supported unless there is an unacceptable environmental, servicing or access impact.
(B) There is a general presumption against housing development when it involves: In the settlements: 1. large-scale housing development in small towns and villages and minor settlements; 2. medium-scale housing development in the minor settlements. In the countryside development control zones: 3. large and medium scale housing development in all the countryside development control zones; 4. small-scale housing development in the Greenbelt, Very Sensitive Countryside and in open/ undeveloped areas within Countryside Around Settlements and Sensitive Countryside. On croft lands: 5. more than one dwelling house on a bare-land croft; or more than one additional dwelling house on an individual croft containing an existing dwelling house unless the croft is of a size where subdivision could be considered sustainable in terms of Crofters Commission advice.
(C) Housing development, for which there is a general presumption against, will not be supported unless an exceptional case is successfully demonstrated in accordance with those exceptions listed for each development control zone in the justification for this policy.
(D) Housing Developments are also subject to consistency with other policies of both the Structure and Local Plan. Scales Of Housing Development Small-scale housing development will not exceed 5 dwelling units. Medium-scale housing development between 6 and 30 dwelling units inclusive Large-scale housing development exceeding 30 dwelling units.
Informal Council Policy
Design Guide for Small Scale Housing
(B) OTHER MATERIAL CONSIDERATIONS
(a) Site History
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07/00141/OUT – Site for erection of 3 dwellinghouses – withdrawn further to officer advice.
(ii) Consultations
Response Comment Date Area Roads Engineer 07/08/07 No objection subject to conditions. Scottish Environmental Protection Agency 14/08/07 The proposals are acceptable provided minimum distances can be achieved. Scottish Water 02/08/07 No objection.
(iii) Publicity and Representations
Advert Type : Section 34, Bad Neighbour and Article 9, Vacant Land Closing Date: 16 August 2007
Representations : Yes
Name Address Letter Date Mary J. D. Gregory Rhugarbh Croft, Appin, PA38 4BA 21/07/07 (e-mail) Catriona C. MacKenzie 2 Ferry Cottages, Port Appin, PA38 4DE 30/06/07 Dr Euan W. MacKie Fairhills, Station Road, Old Kilpatrick, G60 5LT 22/07/07 Christine Wilson 2 Port Ramsay, Isle of Lismore, PA34 5UN 09/08/07 (e-mail) Dr Iain D. McNicol Dunvegan, Port Appin, PA38 4DE 11/08/07 (e-mail) Caroline Stewart 3 Seaview, Port Appin, PA38 4DE 14/08/07 (e-mail) G&A White Hazelwood, Port Appin, PA38 4DE 14/08/07 Tim Watkins Balnagowan, Port Appin, PA38 4DE 15/08/07 (e-mail) Frank & Eileen Bell Linnhe House, Port Appin, PA38 4DE 15/08/07 (e-mail) Roberta R. Lawrie 7 Shuna View, Port Appin, PA38 4DG 14/08/07 Margaret Davidson 9 Shuna View, Port Appin, PA38 4DG 09/08/07 Collin & Chrissie Malone 5 Shuna View, Port Appin, PA38 4DG 09/08/07 Greg McAlister c/o 9 Shuna View, Port Appin, PA38 4DG 10/08/07 A.M. Dairon 4b Bealach na Mara, Port Appin, PA38 4DR 10/08/07 Sean Dunlop 15 Bealach na Mara, Port Appin, PA38 4DE 13/08/07 Padruig McNicol Dunvegan, Port Appin, PA38 4DE 11/08/07 Sheila Lawrie 9 Bealach na Mara, Port Appin, PA38 4DR 12/08/07 Linda Lawrie 16 Bealach na Mara, Port Appin, PA38 4DR 12/08/07 Mrs J. MacLeod Sea View, Port Appin, PA38 4DE 08/08/07 Ian & Mary Ross 1 Bealach na Mara, Port Appin, PA38 4DE 13/08/07 Mary Thomson 10 Bealach na Mara, Port Appin, PA38 4DR 11/08/07 Mr & Mrs D. Thomson Am Bogha, North Shian, Appin, PA38 4BA 14/08/07 Janette MacDonald & 11 Bealach na Mara, Port Appin, PA38 4DR 12/08/07 Alan Gill N. Ashford Old School, Port Appin, PA38 4DE 15/08/07 Donald MacLeod F1, 134 Musters Road, Nottingham, NG2 7PW 16/08/07 Mrs Michelle Davidson 14 Bealach na Mara, Port Appin, PA38 4DR 12/08/07 Mrs C. Gillies 2 Bealach na Mara, Port Appin, PA38 4DR 11/08/07 Robert Duncan Rowan 2 Shuna View, Port Appin, PA38 4DG 13/08/07 Christine King Hawthorn, Appin, PA38 4BB 12/08/07 Appin Community c/o Alison MacCorquodale, Inverfolla Farm, Appin, 15/08/07 Council PA34 4BA M.B. Gourlay The Studio, The Pier, Port Appin, PA38 4DN 15/08/08 Margaret Dunlop 3 Shuna View, Port Appin, PA38 4DG 22/08/07 Simon Lewis Seahorse, Port Appin, PA38 4DE 14/08/07
Summary of points raised:
• The majority of the new housing in the village is for holiday occupation and if this trend continues it will have an adverse effect on village amenities such as the primary school.
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Comment: The applicant has applied for permanent dwellinghouses and their future use as holiday occupation is not something that can be controlled by the planning department.
• The site for the proposed development is one of the last remaining green spaces in the village and its development would not be in the interests of residents and visitors.
Comment: The site is identified as being within the settlement and accordingly subject to satisfactory design and siting criteria it is considered to be an acceptable site for housing. This area of “green space” is not considered of sufficient importance to justify a refusal of planning permission.
• There is a major problem with sewage discharge in this area of the village.
Comment: This is an individual site with its own septic tank which is considered to be acceptable.
• Water pressure is a problem especially in the summer months, and any additional houses will put extra strain on this service.
Comment: Scottish Water has raised no objections to the proposal and this advice will be reviewed at the detailed planning stage.
• Various road safety issues including, pedestrian and cyclist safety, lack of car parking, lack of passing places, future road improvements, re-location of Lismore car ferry have been raised.
Comment: These points are addressed in my assessment.
• With the inevitable clearance of trees and foliage, surface take-up of water by plants will be seriously reduced, leading to an increased risk of flooding of neighbouring properties.
Comment: Flooding is not considered a significant issue in this instance.
• The proposed dwellinghouses will be obtrusive and will overlook the properties on the other side of the road, adversely affecting their privacy and amenity.
Comment: This point is dealt with in my assessment.
• The proposed site is not of sufficient size to accommodate two dwellinghouses and would completely alter the appearance of the village at this point rendering it cramped and characterless.
Comment: This point is dealt with in my assessment.
• The Old Ferryhouse and its neighbour Greenbanks are the only traditional 18 th century cottages left in the village and have been listed as buildings of interest by Argyll and Bute Council.
Comment: The dwellinghouses are not covered by a statutory listing from Historic Scotland and it is not considered that the development would adversely affect their setting.
• If these houses are built, the area will become more like another modern village street.
Comment: The proposed site is considered to be an appropriate infill site.
• The noise during construction would be intolerable to many people.
Comment: This is not a material planning consideration .
• Neighbouring properties have washing lines on the development site together with storage areas to the rear of the site, access to which has been unchallenged for over 60 years.
Comment: This is a private legal matter, not a material planning consideration .
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NOTE TO APPLICANT RELATIVE TO APPLICATION 07/01295/OUT
Scottish Water has advised as follows:
Scottish Water receives a number of enquiries on a daily basis and is unfortunately unable to reserve capacity at our water treatment works. In view of this, the information provided in this letter will need to be reviewed if this proposal progresses to full planning approval.
There are no known public sewers in the vicinity of the proposed development. It is advisable that any septic tank should be sited in such a manner as to allow easy access for emptying by tanker.
Tullich Water Treatment Works currently has sufficient capacity to service this proposed development.
There are no known issues at present within our Water Network that serves this proposed development.
If the connection to the public water main requires to be laid through land outwith your ownership, the developer must provide evidence of formal approval from the affected landowner(s).
If the developer requires any further assistance or information on our response, please contact William Paton on the number below or alternatively additional information is available on our website: www.scottishwater.com .
You are advised to contact them direct to discuss this matter
Scottish Water Developer Services Clyde House 419 Balmore Road Glasgow G22 6NU Tel: 0845 601 8855
Please note the information contained within the enclosed letter from the Scottish Environment Protection Agency (SEPA).
You are advised to contact them direct to discuss this matter.
SEPA Greyhope House Greyhope Road Torry Aberdeen AB11 9RD Tel: 01224 248 338
The Council’s Area Roads Manager has advised as follows:
A Roads Opening Permit is required for the proposed development.
You are advised to contact them direct to discuss this matter:
Area Roads Engineer Operational Services Argyll and Bute Council Kilbowie House Gallanach Road Oban Tel: 01631 562125
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