and Bute Council Development & Infrastructure Services

Delegated or Committee Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) () Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle

Reference No: 15/02402/PP

Planning Hierarchy: Local

Applicant: Mr & Mrs D. McFadyen

Proposal: Erection of dwellinghouse, installation of septic tank and formation of vehicular access.

Site Address: Land South West of Carn Farm, Port Charlotte, Isle of

DECISION ROUTE

Local Government Scotland Act 1973

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

 Erection of a dwellinghouse;  Installation of an air source heat pump;  Formation of new vehicular access to the A847;  Formation of parking and turning area for two vehicles;  Installation of a septic tank and soakaway;

(ii) Other specified operations

 Connection to the public water main.

(B) RECOMMENDATION:

Having due regard to the Development Plan and all other material planning considerations, it is recommended that:

a) The Area Capacity Evaluation (ACE) appended to this report be endorsed by Members and be regarded as a material consideration in the determination of this application;

b) planning permission be granted subject to the conditions and reasons detailed in the report. (C) CONSULTATIONS:

ABC Roads (05.10.15) – No objections subject to conditions relating to the geometry of the proposed access and provision of visibility splays, parking and refuse collection facilties.

ABC Environmental Health (16.09.15) – No objections, advise that the proposed air source heat pump is unlikely to give rise to any noise nuisance to the amenity of the locale.

SNH (01.10.15) – No objections, advise that it is considered that the development is unlikely to have any significant effect upon the qualifying interest of the Rinns of Islay SSSI / SPA designations.

West of Scotland Archaeology Service (16.10.15) – No objection subject to imposition of a ‘watching brief’ condition during ground breaking works.

Scottish Water – No response to date, assumed no objections.

(D) HISTORY:

There is no planning history relating to the current application site.

(E) PUBLICITY:

Reg. 20 – Expired 15th October 2015

(F) REPRESENTATIONS:

Representations received from: None

(G) SUPPORTING INFORMATION

Has the application been the subject of:

(i) Environmental Statement: No

(ii) An appropriate assessment under the No – The proposal is Conservation (Natural Habitats) Regulations considered unlikely to 1994: have a significant impact upon the qualifying interests of the Rinns of Islay SPA and SSSI designations.

(iii) A design or design/access statement: Yes

(iv) A report on the impact of the proposed Croft Management Plan development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc:

(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.

‘ Local Development Plan’ (Approved for adoption Jan 2015)

LDP STRAT 1 – Sustainable Development LDP DM 1 – Development within the Development Management Zones LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment LDP 5 –Supporting the Sustainable Growth of our Economy LDP 8 – Supporting the Strength of our Communities LDP 9 – Development Setting, Layout and Design LDP 10 – Maximising our Resources and Reducing our Consumption LDP 11 – Improving our Connectivity and Infrastructure

(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 4/2009.

 Scottish Planning Policy  ABC Sustainable Design Guidance 2006  Argyll and Bute Local Development Plan Supplementary Guidance (approved by the Council but yet to be approved by the Scottish Government. Can therefore be afforded significant weight as a material consideration but does not constitute adopted policy) including:

SG LDP ENV 1 – Development Impact on Habitats, Species & Biodiversity SG LDP ENV 2 – Development Impact on European Sites SG LDP ENV 4 – Development Impact on SSSIs and NNRs SG LDP ENV 14 – Landscape SG LDP ACE 1 – Area Capacity Evaluation SG LDP ENV 20 – Development Impact on Sites of Archaeological Importance SG LDP HOU 1 – General Housing Development SG LDP Sustainable – Sustainable Siting & Design Principles SG LDP SERV 1 – Private Sewage Treatment SG LDP SERV 2 – Surface Water Drainage SG LDP SERV 5(b) – Waste Storage & Collection Facilities within New Development SG LDP SERV 6 – Water Supplies SG LDP TRAN 4 – New & Existing Public Roads and Private Access Regimes SG LDP TRAN 6 – Vehicle Parking Provision

(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): No

(P) Assessment and summary of determining issues and material considerations

The proposal seeks detailed planning permission for the erection of a new croft house on a bareland croft holding. The application is accompanied by a valid croft management plan which satisfactorily demonstrates that that the proposed dwellinghouse would support the management of some 72ha of croft and tenanted agricultural land for the purposes of agriculture and nature conservation.

The proposal is situated in the ‘countryside’ zone for the purposes of the LDP which is normally restrictive in terms of new ‘development in open countryside, even when it is ‘small scale’ Policy requires that an exception case must be made for development which would not otherwise satisfy Policy LDP DM 1 and that this should be founded around a justifiable locational/operational need and be supported by the conclusions of an ACE assessment. In this case, the crofting requirement is such as to satisfy the locational need based upon the applicant’s croft management plan. .

In accordance with LDP policy requirements, an Area Capacity Evaluation has been undertaken which concludes that the erection of an appropriately modest, traditional dwelling at this location will not give rise to any significant adverse effect upon either the appearance or key characteristics of the landscape setting.

The design and finishes of the building are considered to be appropriate and similarly the proposal does not give rise to any significant concerns in respect of the means of access or infrastructure necessary to facilitate a residential use.

(Q) Is the proposal consistent with the Development Plan: Yes (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted:

The proposal is consistent with the relevant provisions of policies LDP DM 1, LDP 3, LDP 8, and LDP 11 and their associated draft Supplementary Guidance. Furthermore, the proposal would directly support the continuation and expansion of an existing croft/agricultural business and as such may be accorded additional support having regard to the provisions of policy LDP 6.

(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: Peter Bain Date: 30th October 2015

Reviewing Officer: Richard Kerr Date: 2nd November 2015

Angus Gilmour Head of Planning & Regulatory Services CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 15/02402/PP

1. The development shall be implemented in accordance with the details specified on the application form dated 24th August 2015 and the approved drawing reference numbers 1/6 – 6/6 unless the prior written approval of the planning authority is obtained for other materials/finishes/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 dwelling hereby approved shall be occupied in association with the management of the croft land to which it relates in accordance with the stated intentions specified in the associated Croft Management Plan, or any variation thereof as may be agreed subsequently in writing by the Planning Authority.

Reason: In order to underpin the special circumstances without which the proposal would be contrary to the provisions of the Development Plan.

3. Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004 Rev a. and visibility splays of 2.4 metres to point X by 84.0 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

Reason: In the interests of road safety.

4. The parking and turning area, and the refuse collection point shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles/refuse collection.

Reason: In the interest of road safety.

5. No development or ground breaking works shall commence until a method statement for an archaeological watching brief has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service.

The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site.

Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

Reason: In order to protect archaeological resources.

6. No development shall commence until a scheme of boundary treatment, surface treatment and landscaping 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 proposed means of access and hardstanding areas; iii) Any proposed re-contouring of the site by means of existing and proposed ground levels. iv) Finished Floor Level of the dwellinghouse relative to an identifiable fixed datum located outwith the application site. v) Proposed hard and soft landscape works.

Any gates on the vehicular access shall be set a minimum distance of 6.0m back from the edge of public road and shall open inward to the development site.

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.

7. Notwithstanding the effect of Condition 1, no development shall commence until written details of the type/specification and colour of materials to be used in the construction of external walls and the natural slate roof covering 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 order to integrate the development into its surroundings.

8. Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C697. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. 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.

 Regard should be had to the West of Scotland Archaeology Service’s consultation comments in respect of the proposed development. APPENDIX A – RELATIVE TO APPLICATION NUMBER: 15/02402/PP

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site is located on an open and undeveloped location within the ‘countryside zone’ as defined in the Argyll and Bute Local Development Plan 2015 wherein the provisions of policies LDP DM 1, LDP 8, and draft SG LDP HOU 1 would ordinarily set out a general presumption against new housing development. However, this particular application relates to a registered bareland croft holding and accordingly the application should be assessed having due regard to the provisions of draft SG LDP HOU 1, which sets out that a dwellinghouse on a bareland croft may be supported where i) a specific locational/operational need is demonstrated, and ii) the proposal is supported by an Area Capacity Evaluation (ACE).

The current application is supported by a croft management plan which states that the applicant currently resides in unsecured rented accommodation in Bruichladdich (approximately 3 miles from the croft holding). The croft holding only extends to 2.35ha but is managed in conjunction with a further 70.0ha of adjoining tenanted agricultural land which is currently stocked with 229 sheep, 2 cows and 1 calf. The croft development plan identifies that the applicant requires to reside within closer proximity to the croft holding in order to attend to livestock; this being of particular importance during lambing/calving time. It is also stated that the applicant would intend to increase the stocking levels of the combined croft/agricultural holding in the event that planning permission is secured for the proposed croft house. Parts of the holding are currently managed under the Rural Priority Scheme and Goose Management Scheme and as such directly support the biodiversity/habitat and species protection aims of the Rinns of Islay SSSI/SPA designations. The proposal would therefore support an established croft/agricultural business within an ‘economically fragile area’ and as such may be afforded additional support having regard to the provisions of policy LDP 5

An ACE has been carried out in accordance with the procedure set out in draft SG LDP ACE 1 and is recommended for approval by Members in support of this proposal. The ACE concludes that the wider countryside containing the application site is capable of successfully absorbing the proposed development.

In summary, this application relates to a proposed croft house on a bareland croft which is considered to be on an appropriate site with a locational need which accords with an Area Capacity Evaluation. As such, it is wholly consistent with the settlement strategy set out in policy LDP DM 1, LDP 8 and draft SG LDP HOU 1 of the Development Plan.

B. Location, Nature and Design of Proposed Development

The proposal seeks detailed planning permission for the erection of a modest 3 bedroom, single storey property. The proposed dwelling is generally of a traditional design emphasis being based upon a gable-ended rectangular footprint with symmetrically pitched roof. The roof covering shall be of natural slate (no specification provided), the external wall finish shall be of roughcast (no detail of colour finish provided); the windows shall be of white uPVC with white timber doors. In order to improve the appearance of what is a standard house design, the applicant has agreed to add dummy chimneys to either gable end which will assist in securing an appearance which is appropriate to its surroundings. The submitted details specify that the proposed dwelling will be set back some 24m from the public road; the existing drystone walling shall be retained to the south and eastern site boundaries and a post and wire fence shall be installed to demarcate the north and western plot boundary.

The proposed development includes for the installation of an air source heat pump; the Council’s Environmental Health Officer has not raised objection and has advised that this element of the development is unlikely to give rise to noise nuisance to existing residential property.

The siting and design of the proposed dwelling will not appear incongruous within either the local or wider landscape setting. The proposal is considered to be acceptable having regard to the relevant provisions of policy LDP 9, draft SG LDP Sustainable, and the Council’s Sustainable Design Guidance 2006.

C. Natural Environment

The application site is located within the Rinns of Islay SSSI and SPA designations. wherein the relevant provisions of policy LDP 3 and draft SG LDP ENV 1, SG LDP ENV 2 and SG LDP ENV 4 would seek to resist development considered likely to have an adverse impact upon the natural heritage interests associated with these.

The SPA is classified for internationally important populations of chough, hen harrier, corncrake, Greenland white-fronted goose, whooper swan and common scooter. SNH have advised that the proposed development is unlikely to have a significant effect, either directly or indirectly, upon the qualifying interests of the SPA; officers concur with this view and accordingly advise that a further detailed ‘Appropriate Assessment’ having regard to the Conservation (Natural Habitats, & C.) Regulations 1994 is not required in this instance.

The SSSI is designated for a number of habitats including peatland, heathland, woodland, and coastland, and some of their associated species. SNH again advise that the proposal is unlikely to have a significant effect on these natural heritage interests of national importance.

D. Landscape Character

The issue of landscape character has been addressed in detail within the Area Capacity Evaluation (ACE) which is appended to this report. It is considered that the development can be satisfactorily absorbed without adverse impact upon the character of the wider landscape and is therefore consistent with policies LDP DM 1 and LDP 3 and SG LDP ENV 14 of the Development Plan in this regard.

E. Archaeological Matters

The West of Scotland Archaeology Service advise that the application site lies within a landscape populated with recorded sites and monuments of several periods with a weighting toward prehistoric and medieval sites. Having regard to the provisions of the Scottish Government’s PAN 2/2011, policy LDP 3 and draft SG LDP ENV 20 it is recommended that any ground breaking works associated with the development be subject to a requirement for an archaeological watching brief – this requirement can readily be secured by means of planning condition. F. Road Network, Parking and Associated Transport Matters.

The development shall be served by means of a new vehicular access with the A847 public road formed on the north eastern corner of the site area; on-site parking and turning for two vehicles will be provided along with a roadside refuse collection point. The Council’s Roads Officer has not raised objection to the proposal subject to the imposition of conditions relating to the technical implementation of the afore- mentioned elements. The proposal is considered to be consistent with the relevant provisions of policy LDP 11 and the associated draft SG LDP TRAN 4, SG LDP TRAN 6, and SG LDP SERV 5(b).

G. Infrastructure

Water shall be by connection to the public water main; foul drainage shall be to a new septic tank and soakaway. Surface water drainage shall be to a SuDS compliant system. The proposal is consistent with the relevant provisions of policy LDP 11 and the associated draft SG LDP SERV 1, SG LDP SERV 2, and SG LDP SERV 6. APPENDIX B – RELATIVE TO APPLICATION NUMBER: 15/02402/PP

AREA CAPACITY EVALUATION (ACE)

A. Purpose and Requirement for the ACE

The proposed dwellinghouse is located within an LDP defined ‘Countryside Zone’ wherein the provisions of policies LDP DM 1, LDP 8 and draft SG LDP HOU 1 of the Development Plan would ordinarily only encourage ‘small scale’ development on appropriate infill, rounding off, redevelopment and change of use of existing buildings. However, in exceptional cases, including the erection of a dwelling on a bareland croft, development in the open countryside may be supported on appropriate sites if this accords with an Area Capacity Evaluation (ACE).

The proposed dwelling is intended to facilitate the management of an existing bareland croft and adjoining tenanted agricultural holdings which extend to some 72ha in total. The application is submitted by a croft development plan which satisfactorily demonstrates that the applicant has a valid locational/operational requirement for the proposed dwelling.

The ACE assessment has been undertaken in accordance with the draft SG LDP ACE 1. The aim of the ACE process is simply to comprehensively and methodically assess the capacity of the landscape to successfully absorb the proposed development.

B. Area of Common Landscape Character / ACE Compartment

Having regard to SNH’s ‘Landscape Assessment of Argyll and the Firth of Clyde’ (1996), the proposed development site is located within the extensive LCT 9 ‘Rocky Moorland’ which extends across the whole of the Rinns of Islay.

The ACE compartment is defined as an area between Carn Farm and a point some 800m to the south along the A847 as it follows the western coast of the Rinns of Islay. The eastern boundary is defined by the coastline and the western boundary by the steep rising hill land contained approximately by the 40m contour line. Within the ACE compartment the landward element of the landscape is experienced as a narrow strip of land between the rocky/ indented coastline and steep rising rocky land to the west. The A847 public road runs SW-NE through the middle of this strip. The ACE compartment is generally only experienced from the A847 although it is visible in long distance panoramic views of the Rinns of Islay from the opposite side of .

C. Key Environmental Features – Constraints & Opportunities

The ACE compartment solely relates to rough grazing punctuated by rocky outcrops and divided by the line of the A847 public road. The small fields of the shoreside grazings merge seamlessly with the rocky indented coastline and provide an open, exposed outlook over Loch Indaal. On the landward side the rough grazing land is uneven and interspersed with rocky outcrops. The southern end of the ACE compartment is contained by more steeply rising, rocky bluffs. Carn Farm is the sole grouping of buildings within the ACE compartment, and this roadside cluster consists of a traditional single storey cottage and asociated stone byres. Viewed from the A847, the grouping of farm buildings and the rising, rocky land to the west visually contain the ACE compartment. From the perspective of road users they provide a focussed point of transition to the more expansive and agriculturally managed landscape character area to the north.

D. Visual / Landscape Impact

The proposed development is a modest dwellinghouse which is of simple form which will be finished in natural slate and render. It will be located within close proximity to the public road at a similar set back distance to that of the existing traditional byre buildings of Carn Farm which lies to the north-east.

The visual impact of the proposed dwellinghouse will be contained by the existing landform to the immediate approach on the A847 from both the north and south. The erection of a modest dwelling at this location would not appear prominent or incongruous within its local landscape setting. The proposed development would also be visible within views from across Loch Indaal, however within this wider context, the property will be located above the coastal fringe and with a strong backdrop of rising land, and would not appear out of keeping with the wider established rural settlement pattern between and Port Charlotte.