Land and Building 55M South Ofcarbeth

Item 7a

Teith House Kerse Road Stirling FK7 7QA Tel: 01786 233660 Fax: 01786 233186 Email: [email protected]

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ONLINE REFERENCE 100167561-001

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Applicant or Agent Details

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Jigsaw Planning Company/Organisation:

Ref. Number: You must enter a Building Name or Number, or both: *

Katherine PO Box 2844 First Name: * Building Name:

Sneeden Last Name: * Building Number:

Address 1 PO Box 2844 Telephone Number: * (Street): *

Extension Number: Address 2:

Glasgow Mobile Number: Town/City: *

United Kingdom Fax Number: Country: *

G61 9DG Postcode: *

Email Address: * [email protected]

Is the applicant an individual or an organisation/corporate entity? *

 Individual  Organisation/Corporate entity

Page 1 of 5 Applicant Details

Please enter Applicant details

Mr Title: You must enter a Building Name or Number, or both: *

Carbeth House Other Title: Building Name:

Allan First Name: * Building Number:

Address 1 Barns-Graham Blanefield Last Name: * (Street): *

Company/Organisation Address 2:

Blanefield Telephone Number: * Town/City: *

UK Extension Number: Country: *

G63 9AS Mobile Number: Postcode: *

Fax Number:

Email Address: *

Site Address Details

Planning Authority: Stirling Council

Full postal address of the site (including postcode where available):

CARBETH HOUSE Address 1:

Address 2: BLANEFIELD

Address 3:

Address 4:

Address 5:

Town/City/Settlement: GLASGOW

G63 9AS Post Code:

Please identify/describe the location of the site or sites

679081 253477 Northing Easting

Page 2 of 5 Description of Proposal

Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters)

Erection of dwelling house

Type of Application

What type of application did you submit to the planning authority? *

 Application for planning permission (including householder application but excluding application to work minerals).  Application for planning permission in principle.  Further application.  Application for approval of matters specified in conditions.

What does your review relate to? *

 Refusal Notice.  Grant of permission with Conditions imposed.  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.

Statement of reasons for seeking review

You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters)

Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account.

You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances.

Refer to Review Statement

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Page 3 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)

Review Statement Covering Letter Location Plan 730 D1 005 C - Plans section elevations as existing 836 02 01 A - Location & Block Plan 836 C1 001 A - Indicative plans sections elevations as proposed Structural Inspection Report Decision Notice Officer Report

Application Details

Please provide details of the application and decision.

What is the application reference number? * 19/00225/PPP

What date was the application submitted to the planning authority? * 27/03/2019

What date was the decision issued by the planning authority? * 27/05/2019

Review Procedure

The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case.

Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. *  Yes  No

In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:

Can the site be clearly seen from a road or public land? *  Yes  No Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No

If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) The application site is within the grounds of a private residence and therefore if a site visit is required this should be arranged through the agent

Page 4 of 5 Checklist – Application for Notice of Review

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Have you provided the name and address of the applicant?. *  Yes  No Have you provided the date and reference number of the application which is the subject of this  Yes  No review? *

If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No procedure (or combination of procedures) you wish the review to be conducted? *

Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No (e.g. plans and Drawings) which are now the subject of this review *

Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent.

Declare – Notice of Review

I/We the applicant/agent certify that this is an application for review on the grounds stated.

Declaration Name: Mrs Katherine Sneeden

Declaration Date: 31/05/2019

Page 5 of 5

19/00225/PPP

Planning Permission in Principle for Erection of a dwelling house

Land and Building 55m south of Carbeth House, Blanefield G63 9AS

Review Statement

June 2019

ABG / Carbeth House / RS001

This planning statement has been prepared by Jigsaw Planning.

Katherine Sneeden BA (Hons) Dip TP MRTPI Jigsaw Planning PO Box 2844 Glasgow G61 9DG www.jigsawplanning.co.uk [email protected]

ABG / Carbeth House / RS001 4 June 2019 Appeal to Stirling Council’s Local Review Body

Against the Decision of the Planning Officer to refuse Planning Permission in Principle for Erection of a dwelling house

At site of the former piggery to the south of Carbeth House, Blanefield

1. This review statement has been prepared by Jigsaw Planning, Chartered Planning Consultancy, on behalf of our client, Mr Allan Barns Graham. We dispute the Planning Officer’s reasons for refusing the application and respectfully request that Stirling Council’s Local Review Body review that decision.

The applicant Mr Allan Barns Graham is appealing against the decision taken by Stirling Council through the delegated decision of the Planning Officer to refuse Planning Permission in Principle for Erection of a dwelling house on the site of the former piggery to the south of Carbeth House, Blanefield.

Summary of applicant’s reasons for review

• The proposal is found to accord with the relevant policies within the adopted Local Development Plan given the proposal sees the replacement of a building where residential reuse is already established.

• The application was for Planning Permission in Principle and as such the dwelling design is indicative, however the design shown is less than the existing footprint of the existing building and the original hardstanding.

• There were no objections to the application from neighbours or statutory consultees.

Site Background

2. Full planning permission (16/00650/FUL) was granted in 2017 for the Change of Use of the former piggery building to a dwelling.

3. Since approval of permission 16/00650/FUL the existing building has unfortunately been subject to the unusually harsh and well documented winter weather of 2018 which has, as can be read from the accompanying ATK Structural Report, rendered the building fabric beyond practical and economic repair.

4. Planning Permission in Principle was there applied for in March 2019 (Ref 19/00255/PPP) for a new dwelling rather than to renovate the existing building. The Planning Officer determined to refuse the application under delegated powers.

Grounds of Appeal

5. The reasons for refusal of the replacement dwelling centres around the Planning Officer’s position that the proposed development is contrary to Policy 2.10 of the Adopted Stirling Council Local Development Plan, October 2018 in that he claims it fails to meet any of the criteria set out in the aforementioned policy. We dispute this.

ABG / Carbeth House / RS001 4 June 2019 6. The decision notice sets out the reasons for refusal as below:

“1 - In the opinion of the Planning Authority, the proposed development is contrary to Policy 2.10 of the Adopted Stirling Council Local Development Plan, October 2018, since the proposal relates to housing development in the Green Belt, which fails to meet any of the criteria set out within Policy 2.10, which allows new houses in the Green Belt.

2 - In the opinion of the Planning Authority, the proposed development is contrary to Policy 1.5 (Green Belts) of the Adopted Stirling Council Local Development Plan October 2018, since the development represents a speculative house in the Green Belt, not essential in support of an established rural business and it is not for the purposes of a rural enterprise such as agriculture, woodland, forestry or horticulture.”

7. This appeal is submitted as the applicant disagrees with the Planning Officer’s decision to refuse planning permission the basis of the following grounds set out in this document.

8. We set out below how the refused dwelling does not undermine these policies and as such how planning permission in principle should be granted.

9. Policy 2.10: Housing in the Countryside

The first reason for refusal refers to Policy 2.10: Housing in the Countryside which states the following;

(a) New houses (including those for holiday let outwith managed chalet developments), of a scale, layout and design suitable for their intended location, will be supported in the Countryside* where one or more of the following circumstances apply:

(i) When they are within or closely and cohesively visually related to existing Building Groups and Clusters.

(ii) Where they will occupy Infill sites relative to existing rows of houses.

(iii) Outwith existing groups or Infill situations when the proposal is for a Single house at a specific type of site or for a specific purpose.

(iv) When the Replacement or Renovation of a single house is proposed.

(v) When the proposal is for the Conversion, redevelopment or replacement of a Farm Steading or other range or cluster of Non-Domestic Buildings.

(vi) When the proposal will result in the beneficial re-use of a Brownfield Site.

(b) Support may be given to single houses in the Green Belt (outwith building groups or infill situations) for specific purposes where consistent with Policy 1.5 and Supplementary Guidance on Housing in the Countryside and Green Belts.

ABG / Carbeth House / RS001 4 June 2019

10. The proposed dwelling accords with criterion iv as a replacement of a single house. The property has been deemed as suitable for residential use through the granting of planning permission 16/00650/FUL and it is only due to the passage of time and the poor weather of 2018 that that permission cannot be economically implemented. The replacement of the property is the only viable option and therefore it’s replacement accords with criterion iv.

11. In addition, the proposal would see the beneficial reuse of a brownfield site as given as an option under criterion vi. As set out in the planning application documentation, the site comprises both the existing piggery building but also a significant area of hardstanding. The footprint of the existing building is 55.92sqm and is supplemented by existing areas of original hardstanding at a total of 119sqm, totalling 174.92sqm. The illustrative design shows a house with a footprint of 127 sqm with a garage of 33.6 sqm. As such the proposed footprint of the dwelling and garage is less than the existing footprint. As such the proposal accords with criterion.

12. Therefore on this basis two criteria of Policy 2.10 are met and the proposed erection of a dwelling on the site is supported by the policy. The application for planning permission in principle should therefore be granted.

13. The proposed design is indicative as the application was made for planning permission in principle and the applicant would therefore expect an approval to be subject to reasonable conditions and the submission of a further Matters specified by condition application.

14. Policy 1.5: Green Belts

The second reason for refusal relates to Policy 1.5 Green Belts which states;

(a) Green Belts are designated around Stirling, Bannockburn, Bridge of Allan, Dunblane and Strathblane. Development should preserve the openness of Green Belts and should not undermine their core role and function by individual or cumulative impacts. Development in the Green Belt will only be supported where it supports diversification of the rural economy and is for the purposes of:

(i) Agriculture, woodland, forestry and/or horticulture uses (including allotments).

(ii) Recreational uses compatible with an agricultural or natural countryside setting.

(iii) Essential infrastructure (such as electronic communications, electricity grid connections and new transport infrastructure supported by the National, Regional and Local Transport Strategies).

(iv) Re-using redundant rural vernacular buildings (see also Policy 2.10, and for further design guidance SG: Housing in the Countryside).

(b) Support may be given to single houses in the Green Belt (outwith Building Groups or Infill situations) for specific purposes where consistent with Policy 2.10 and SG: Housing in the Countryside.

ABG / Carbeth House / RS001 4 June 2019 15. The proposal is for a single house on the site of a building and hardstanding where residential use has been established following the previous approval and would see the positive reuse of brownfield land. As such it is appropriate under criterion iv and part b which links back to Policy 2.10 where the replacement of redundant buildings is acceptable. By according with Policy 2.10 as set out in the section above the proposal does accord with Policy 1.5.

Conclusions

16. To summarise, the decision taken by the Planning Officer is appealed based on the applicant’s position that the proposal is not contrary to the policies referred to in the decision notice given the proposal is for a replacement dwelling. As such it is their position that the refused application is acceptable and it is not contrary to Adopted Stirling Council Local Development Plan, October 2018.

On behalf of Mr Allan Barns-Graham we therefore respectfully request that this appeal be granted.

ABG / Carbeth House / RS001 4 June 2019 ABG / Carbeth House / L001 29 March 2019

Planning Department Stirling Council Teith House Kerse Road Stirling FK7 7QA

Dear Sir/Madam,

Erection of dwelling house

On behalf of our client, Mr Barns-Graham, we have submitted an application for Planning Permission in Principle via E-Planning relating to an existing property at Carbeth House. The proposal is to replace the existing building, which was approved for Change of Use to a dwelling by application 16/00650/FUL, with a new dwelling.

Submitted in support of this application are the following drawings and reports:

• 836 – 002 - 01 A Location & Block Plan • 836 - C1 - 001 -A Indicative Plans & Elevations as Proposed • 730 – D1 – 005 -C Plans Sections & Elevations as Existing • ATK Structural Inspection Report

Since approval of application 16/00650/FUL by the Local Review Body on 27 September 2017 the existing building has unfortunately been subject to the unusually harsh and well documented winter weather of 2018 which has, as can be read from the accompanying ATK Structural Report, rendered the building fabric beyond practical and economic repair.

Our client has a desire to see a dwelling of quality constructed over the existing footprint of the property, commensurate with the setting of Carbeth House.

The existing building at one time had a larger footprint with related hardstanding. The proposal seeks to increase the existing footprint sensitively to create a dwelling that is appropriate to modern standards of living.

The site is located within the established residential site of Carbeth House with a good landscape setting. The site is elevated from the nearby West Highland Way and will be carefully landscaped to provide appropriate screening and will be delivered in an architectural style appropriate to the area.

PO Box 2844, Glasgow G61 9DG e: [email protected] t: 07860757873 www.jigsawplanning.co.uk Jigsaw Planning is the trading name of Jigsaw Planning Limited A company registered in Scotland number 592268 The illustrative drawings enclosed show that it is possible to replace the existing building sensitively, albeit it is proposed that the replacement dwelling would be slightly larger to be commensurate with modern living requirements and to provide additional living accommodation. The illustrative design of the proposed replacement dwelling is reflective of other new properties in the area, using similar materials and a one and a half storey configuration. The illustrative design shows a house with a footprint of 127 sqm with a garage of 33.6 sqm. The footprint of the existing building is 55.92sqm and is supplemented by existing areas of original hardstanding at a total of 119sqm, totalling 174.92sqm. As such the proposed footprint of the dwelling and garage is less than the existing footprint.

The relevant policies of the Stirling Local Development Plan 2018 are as follows:

Primary Policy 1: Placemaking - In order to achieve the Council’s Placemaking objectives, development of all scales must:

(a) Be designed and sited, not only with reference to their own specifications and requirements, but also in relation to the character and amenity of the place, urban or rural, where they are located.

(b) Be of quality, having regard to any relevant design guidance, landscape character guidance, Conservation Area Character Assessments and Settlement Statements.

(c) Be located so as to reduce the need to encroach onto greenfield sites and to maximise sustainability benefits. Developments should utilise vacant and under-used land and buildings within settlements at higher densities where appropriate.

(d) Safeguard and enhance built and natural heritage, contribute to the implementation of the Council’s Open Space Strategy and Green Network objectives, and respect the Green Belts.

(e) Have minimal adverse impact on air quality. Air quality assessments and appropriate mitigation measures will be required for any proposed development which the Council considers may significantly impact upon air quality, either on its own or cumulatively.

The outline proposal will be sited over the existing footprint of the former piggery and its design, as shown indicatively, will support the character and amenity of the rural area together with the setting of Carbeth House. The design of the proposal will be in keeping with similar schemes approved within the environs of Carbeth House and the design specifics will be subject to submission and approval under a reserved matters application.

Policy 1.5: Green Belts

Barns-Graham/Piggery/ L001 29 March 2019

(i) Agriculture, woodland, forestry and/or horticulture uses (including allotments).

(ii) Recreational uses compatible with an agricultural or natural countryside setting.

(iii) Essential infrastructure (such as electronic communications, electricity grid connections and new transport infrastructure supported by the National, Regional and Local Transport Strategies).

(iv) Re-using redundant rural vernacular buildings (see also Policy 2.10, and for further design guidance SG: Housing in the Countryside). (b) Support may be given to single houses in the Green Belt (outwith Building Groups or Infill situations) for specific purposes where consistent with Policy 2.10 and SG: Housing in the Countryside.

The proposal is for a single house on the site of a former building now reclassified as a dwelling following the previously approved Change of Use application. This is in accordance and consistent with Policy 2.10 and Supplementary Guidance: Housing in the Countryside.

Policy 2.10: Housing in the Countryside

(i) When they are within or closely and cohesively visually related to existing Building Groups and Clusters.

(ii) Where they will occupy Infill sites relative to existing rows of houses.

(iii) Outwith existing groups or Infill situations when the proposal is for a Single house at a specific type of site or for a specific purpose.

(iv) When the Replacement or Renovation of a single house is proposed.

(v) When the proposal is for the Conversion, redevelopment or replacement of a Farm Steading or other range or cluster of Non-Domestic Buildings.

(vi) When the proposal will result in the beneficial re-use of a Brownfield Site.

Barns-Graham/Piggery/ L001 29 March 2019 The proposal accords with item (iv) as a replacement of a single house and the beneficial re-use of a brownfield site.

Replacement and Renovation of single houses

2.20 Proposals will be supported in the following circumstances

2.21 To replace a house that is:

• Habitable, but sub-standard and of a design that is not readily improvable or extendable, with a dwelling of similar scale (Proposals of this description are acceptable, in principle, in designated Green Belt areas); or

• abandoned or ruinous; provided that there is substantial visible evidence of the structure of the original house above ground level (without resort to excavation),it is located within an established site with a good landscape setting and a good ‘fit’ in the landscape, has site boundaries capable of providing a suitable enclosure for a new house, and the site is in other respects acceptable in planning terms.

2.22 In either case the siting and orientation of the new house should be similar to that of the existing house. However, if the historic site, in terms of orientation and distance from a public road ,is unlikely to be able to offer a reasonable residential environment for a new house by reason of traffic noise, vibration or the difficulty of achieving a safe vehicular access, another position(within the site boundaries) with a satisfactory landscape fit, may be approved.

2.23 If the proposed house does not occupy the footprint of the previous house, that footprint will not be accepted as a site for a future house-building proposal relying on this part of the Policy.

2.24 (b)To replace a house located within a flood risk area and has suffered recent flood damage. The replacement should be a dwelling of similar scale at an appropriate nearby safe site with a safe vehicular access and should consider incorporating flood resistant and resilient materials. The existing house and any flood protection measures solely associated with it shall be demolished/ removed following occupation of the new house. (Proposals in this category are acceptable, in principle, in designated Green Belt areas)

2.25 (c) To renovate a house that is a substantial ruin of traditional style, capable of forming the basis of a building of merit and local character, appropriate to its setting. If such a structure survives, renovation will be the Council’s preferred option. Any proposal involving demolition (and reconstruction or replacement) will need to be supported by an engineer’s structural report and a financial appraisal demonstrating, to the Council’s satisfaction, that renovation is not a viable option. (Proposals in this category are acceptable, in principle, in designated Green Belt areas).

Barns-Graham/Piggery/ L001 29 March 2019 As per 2.21 the property is now in a ruinous condition and will be set in the existing established landscape which has a boundary that is suitable for enclosing a new dwelling. The proposal is to sit over the footprint of the existing building. As per 2.25 the application is supported by a structural engineer’s report that notes the existing structure is now is such poor condition that an uncontrolled failure is likely to occur.

Drawings are included within the application for illustrative purposes only showing how the potential replacement dwelling may progressed, however this would be confirmed through a future Matters Specified by Condition application.

To summarise, the principle of housing development at this location has been established with the approval of application 16/00650/FUL. Due to the passage of time and the construction materials, the building is not now capable of conversion or extension, and the applicant has justified the need to demolish it and redevelop the site for a single dwelling. This is supported within the Green Belt. Furthermore the granting of permission at this site cannot be viewed as undermining the principles of the green belt in this area, with no perceptible impact arising from the development of the site.

We trust that the supporting information is useful, and we would of course be happy to discuss any aspect of the application with you as required.

Yours sincerely

Katherine Sneeden MRTPI Director

Barns-Graham/Piggery/ L001 29 March 2019 m

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Decision Notice abc

Mr Allan Barns-Graham APPLICATION NUMBER per Jigsaw Planning PO Box 2844 19/00225/PPP Glasgow G61 9DG DECISION LEVEL Delegated

Refusal of Planning Permission In Principle

Stirling Council refuses Planning Permission In Principle for the proposals described below, on the application form and on the accompanying plans.

Description of the proposed development

Erection of dwelling house

Location of the proposed development

Land And Building 55 Metres South Of Carbeth House Blanefield

The Council’s reasons for refusal are:-

1 In the opinion of the Planning Authority, the proposed development is contrary to Policy 2.10 of the Adopted Stirling Council Local Development Plan, October 2018, since the proposal relates to housing development in the Green Belt, which fails to meet any of the criteria set out within Policy 2.10, which allows new houses in the Green Belt.

2 In the opinion of the Planning Authority, the proposed development is contrary to Policy 1.5 (Green Belts) of the Adopted Stirling Council Local Development Plan October 2018, since the development represents a speculative house in the Green Belt, not essential in support of an established rural business and it is not for the purposes of a rural enterprise such as agriculture, woodland, forestry or horticulture.

Service Manager Date 27 May 2019 Planning & Building Standards

Schedule of Plans Refused - Plans can be viewed online at www.stirling.gov.uk/onlineplanning

Stirling Council Name Ref on Plan Status Plan No. 01 Location Plan 002 01A Decision

Reason for Decision

Proposals for new houses on brownfield land within the Green Belt are not supported by policy 2.10 or 1.5, and in the absence of other material considerations to support the application, the recommendation to refuse planning permission is justified.

Stirling Council, Planning, Teith House, Kerse Road, Stirling FK7 7QA. Tel: (01786) 233660 This Decision Notice is issued under the Town and Country Planning (Scotland) Acts. It should be read, together with the accompanying plans; if any details differ, then the Decision Notice takes priority.

This Decision Notice neither gives nor implies a decision on a Building Warrant or under any other legislation.

Your Rights of Appeal

If you disagree with the Council’s decision on your application, or with one or more of the conditions attached to the decision, you have the right to make an appeal within 3 months of the date of the decision notice.

If your application was determined under delegated powers you can apply for a Review by the Council’s Local Review Body (LRB) under Section 43A of the Town and Country Planning etc (Scotland) Act 2006.

If your application was determined by way of the Council’s weekly Planning Schedule or heard at Panel, then you can appeal that decision to the Scottish Government’s Directorate for Planning and Environmental Appeals.

In either event, you can apply online on the Government’s ePlanning Scotland website at www.eplanning.scot. You can also download the Notice of Review Form here and this should be sent to Head of Legal Services, Stirling Council, Old Viewforth, Stirling, FK8 2ET. Report of Handling

REFERENCE NO 19/00225/PPP

PROPOSAL Erection of dwelling house

SITE ADDRESS Land And Building 55 Metres South Of Carbeth House, Blanefield, ,

RECOMMENDATION Refuse

AGREED BY Appointed Officer

DATE 27 May 2019

Development Plan Considerations:

The decision has been made with consideration to the following policies and guidance in the Stirling Local Development Plan:-

Primary Policy 1: Placemaking

Policy 1.5: Green Belts

Policy 2.10: Housing in the Countryside

Other Material Considerations

Supplementary Guidance Ten (non statutory): Housing in the countryside.

Summary of Representations

One contributors letter was received setting out the following:

In order to protect a European species, a bat survey should be commissioned before work starts or advice sought from the Bat Conservation Trust about legal protection of the species. Some mitigation for loss of a roost might be considered if bats are found.

Summary of Consultation Responses

Roads Development Service: No objection to the proposal submitted, subject to the following conditions being applied to any permission granted:

Visibility: The hedge, which lies to the east of the existing access onto the B821, shall be lowered in height to ensure there is no obstruction to visibility above 1 metre in height above adjacent carriageway level within a visibility splay of 2.4 metres x 160 metres.

Bin Storage: Any bins being stored at the junction shall be placed so that they sit out with the aforementioned visibility splay. Previous History

Application refused for Conversion of outbuilding to form dwelling house Ref 16/00650/FUL. This application was appealed to the Local Review Body where it was granted based upon the submitted drawings.

Officer Assessment

Proposal Planning permission in principle is sought for the erection of a single dwelling house on the site of an existing stone outbuilding, a former piggery. Indicative drawings have been submitted showing a single storey house with roof accommodation covering a footprint of approximately double the size of the existing building. Along with the application a structural report has been submitted setting out the current condition of the building on site and why it is not fit for conversion, allowing implementation of 16/00650/FUL.

Site Description The application site sits to the rear of Carbeth House, which is a rural property within the countryside and green belt. The building on site comprises a redundant rectangular shaped single storey brick built building, previously used as a piggery. Vehicular access to the site is available via an existing track and junction off the B821 public road, which also serves a number of existing properties.

Assessment Having regard to the adopted development plan policies set out above, the determining issues for this application are whether the proposal complies with the housing in the Green Belt policy provisions. The relevant policy provisions are contained within Policy 1.5 and Policy 2.10 including associated Supplementary Guidance Ten: Housing in the Countryside/Green Belt. Policy 1.5 greatly restricts housing in the Green Belt and this is also reflected within policy 2.10 and the associated non statutory guidance. Within this policy context only housing essential and in connection with an established rural business will be supported or proposals involving the conversion of a redundant rural building in accordance with the Supplementary Guidance design guide.

The building on site and subject of application 16/00650/FUL, which gained approval for conversion, is no longer structurally sound to allow that approval to be implemented. Instead the applicant wishes to demolish the building and erect a new house in its place. A condition survey of the building has been undertaken and the findings of the survey highlight the 'very poor condition' of the building. Given this, it is proposed that the house subject of this application would be constructed as a new build development as opposed to the conversion of an existing building.

In view of the above conclusions, it is considered that the development proposal relates to the redevelopment of a 'brownfield site' as defined in Supplementary Guidance Ten, as opposed to the conversion or redevelopment of a non-domestic rural vernacular building. Proposals for new houses on brownfield land within the Green Belt are not supported by policy 2.10 or 1.5, and in the absence of other material considerations to support the application, the recommendation to refuse planning permission is justified.

Conclusion Proposals for new houses on brownfield land within the Green Belt are not supported by policy 2.10 or 1.5, and in the absence of other material considerations to support the application, the recommendation to refuse planning permission is justified.

Summary of Main Issues Raised In Respect of:

Any Environmental Statement submitted. Any assessment under Conservation (Natural Habitats &c.) Regulations 1994 carried out. Any Design Statement or Design and Access Statement submitted. Any report on impact or potential impact of the proposed development (e.g. retail, transport, noise or risk of flooding) submitted.

Not Applicable.

C:\USERS\STOKOED\APPDATA\LOCAL\TEMP\UFM66.RTF Section 75 Obligations

In assessing and reporting on a planning application the Council is required to provide a summary of the terms of any planning obligation entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of planning permission for the proposed development.

None.

Scottish Ministers Directions

In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

None.

Local Application

This application is classified as a 'local application' and as such is processed under delegated powers, unless one of the below criteria is met

- Ward member referral within 25 days of validation or marker set within 25 days and member referral following recommendation - NO - Recommendation to approve where there are five or more objections - NO - Council financial interest and proposal contrary to Development Plan - NO - The application is made by a member of the Planning Authority - NO - Recommendation to approve where the proposal is a significant departure from the Local Development Plan - NO - The application requires to be notified to Scottish Ministers - NO

Schedule of Plans Determined

Stirling Council Name Ref on Plan Status Plan No. 01 Location Plan 002 01A Decision

Equalities Impact Assessment

This application was assessed in terms of equality and human rights. Any impact has been identified in the Consideration/Assessment section of this report.

C:\USERS\STOKOED\APPDATA\LOCAL\TEMP\UFM66.RTF

Item 7bi

Item 7bii

Comments for Planning Application 19/00225/PPP

Application Summary Application Number: 19/00225/PPP Address: Land And Building 55 Metres South Of Carbeth House Blanefield Proposal: Erection of dwelling house Case Officer: Peter McKechnie

Customer Details Name: Ms M Scott Address: 3 Alexander Drive, Bridge Of Allan, Stirling, Stirling FK9 4QB

Comment Details Commenter Type: Member of Public Stance: Customer made comments neither objecting to or supporting the Planning Application Comment Reasons: Comment:Comments from Scottish Wildlife Trust, Stirling & Clacks Group

As this involves demolishing the piggery, a stone / slate building in a rural setting where bats may be roosting throughout the year, a bat survey should be commissioned before work starts or advice sought from the Bat Conservation Trust about legal protection of the species.

Some mitigation for loss of a roost might be considered if they are found.

Thank you

Item 7c

1 Matters Specified in Conditions: Prior to the commencement of development on site a further application shall be submitted to and approved in writing by the Planning Authority; this further application shall include the following details:-

Drawings and documentation illustrating the layout of the site including existing and proposed contours, access, parking, vehicle turning and footpath provision, foul and surface water drainage arrangements (which will require independent certification of design and implementation, all to the relevant technical standards of the statutory service providers and regulators), and the position of all buildings.

2 Matters Specified in Conditions: Prior to the commencement of development on site a further application shall be submitted to and approved in writing by the Planning Authority; this further application shall include the following details:-

Plans, sections and elevations of all proposed buildings and other structures clearly indicating the colour and type of facing materials to be used for all external walls and roofs and details of existing and proposed ground levels, details of underbuilding and finished floor levels.

3 Matters Specified in Conditions: Prior to the commencement of development on site a further application shall be submitted to and approved in writing by the Planning Authority; this further application shall include the following details:-

A scheme of landscaping for the whole site (in accordance with the Council's approved guidelines enclosed) indicating existing trees and other planting to be retained and proposals for new boundary walls, fences and hedges, and new planting specifying number, size and species of all trees and shrubs.

4 Building Height: This permission relates to the erection of 1 dwelling house of single storey with roof accommodation not exceeding a maximum of 8 metres in height.

5 Traditional Properties: The size, massing, height, style and design of the building(s) granted permission shall be of a traditional nature in particular the following shall be incorporated in the design a) Pitched roofs of between 30 and 45 degrees. b) Windows with a vertical emphasis. c) The use of natural slate only on the building roofs.

6 Visibility: Visibility shall be provided and maintained by forming clear visibility splay sightlines measuring 2.4 metres by 160 metres measured in either direction from the centre line of the proposed access onto the B821, within which there shall be no obstruction to visibility above one metre in height above the carriageway level.

7 Waste Collection: As part of any matters specified by conditions application, provision shall be made for a properly designed collection point in accordance with Supplementary Guidance SG19: Waste Management: Requirements for Development Sites. This collection point should be outwith the required visibility splay sightlines.

8 Receptical Provision: Prior to occupation of the property, the developer shall provide the household with the necessary recycling and waste management receptacles to serve the development in accordance with the Council's Waste Service requirements and as specified in the Supplementary Guidance on Waste Management Requirements for Development Sites.

9 Unsuspected Contamination: The presence of any previously unsuspected or encountered contamination that becomes evident during the development of the site shall be brought to the attention of the planning authority within one week. At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the planning authority. Reasons:

1 In order to ensure that the overall layout and design is satisfactory for the site. 2 In order to ensure that the overall layout and design is satisfactory for the site. 3 In order to ensure that the overall layout and design is satisfactory for the site. 4 In order to ensure the proposed house is of a scale that respects the character of the area. 5 In order that the development granted consent is compatible in its overall massing, design and appearance with that of the surrounding area. 6 In order to ensure this visibility is achieved and maintained. 7 In order to ensure provision is made for on-road waste collection. 8 To ensure that the proposals are in accordance with Stirling Council's Supplementary Guidance 19 - Waste Management.

9. To ensure all contamination within the site is dealt with.

Item 7d

Relevant Policies 19/00225

Primary Policy 1: Placemaking

In order to achieve the Council’s Place making objectives, development of all scales must: (a) Be designed and sited, not only with reference to their own specifications and requirements, but also in relation to the character and amenity of the place, urban or rural, where they are located. (b) Be of quality, having regard to any relevant design guidance, landscape character guidance, Conservation Area Character Assessments and Settlement Statements. (c) Be located so as to reduce the need to encroach onto greenfield sites and to maximise sustainability benefits. Developments should utilise vacant and under-used land and buildings within settlements at higher densities where appropriate. (d) Safeguard and enhance built and natural heritage, contribute to the implementation of the Council’s Open Space Strategy and Green Network objectives, and respect the Green Belts. (e) Have minimal adverse impact on air quality. Air quality assessments and appropriate mitigation measures will be required for any proposed development which the Council considers may significantly impact upon air quality, either on its own or cumulatively.

Policy 1.5: Green Belts (a) Green Belts are designated around Stirling, Bannockburn, Bridge of Allan, Dunblane and Strathblane. Development should preserve the openness of Green Belts and should not undermine their core role and function by individual or cumulative impacts. Development in the Green Belt will only be supported where it supports diversification of the rural economy and is for the purposes of: (i) Agriculture, woodland, forestry and/or horticulture uses (including allotments). (ii) Recreational uses compatible with an agricultural or natural countryside setting. (iii) Essential infrastructure (such as electronic communications, electricity grid connections and new transport infrastructure supported by the National, Regional and Local Transport Strategies). (iv) Re-using redundant rural vernacular buildings (see also Policy 2.10, and for further design guidance SG: Housing in the Countryside). (b) Support may be given to single houses in the Green Belt (outwith Building Groups or Infill situations) for specific purposes where consistent with Policy 2.10 and SG: Housing in the Countryside.

Policy 2.10: Housing in the Countryside (a) New houses (including those for holiday let outwith managed chalet developments), of a scale, layout and design suitable for their intended location, will be supported in the Countryside* where one or more of the following circumstances apply: (i) When they are within or closely and cohesively visually related to existing Building Groups and Clusters. (ii) Where they will occupy Infill sites relative to existing rows of houses. (iii) Outwith existing groups or Infill situations when the proposal is for a Single house at a specific type of site or for a specific purpose. (iv) When the Replacement or Renovation of a single house is proposed. (v) When the proposal is for the Conversion, redevelopment or replacement of a Farm Steading or other range or cluster of Non-Domestic Buildings. (vi) When the proposal will result in the beneficial re-use of a Brownfield Site. (b) Support may be given to single houses in the Green Belt (outwith building groups or infill situations) for specific purposes where consistent with Policy 1.5 and Supplementary Guidance on Housing in the Countryside and Green Belts. [SG: Housing in the Countryside supports this policy by providing details of the definition of terms used, requirements relative to Listed Buildings, affordable housing, Green Belts, etc, and includes guidance on siting and design, landscaping, energy efficiency etc. SG: Small Settlements sets out the procedures allowing for the identification and formation of Small Settlements within the Countryside and policy interpretation therein]. [SG: Placemaking supports this policy by providing specific design guidance in relation to the reuse of redundant rural buildings].