DEVELOPMENT SERVICES Ward Number - 2 – and the Islands PLANNING APPLICATION REPORT Date of Validity - 27th November 2007 MID , KINTYRE & THE ISLANDS Committee Date - 5th March 2008 ______

Reference Number: 07/02313/OUT Applicants Name: West Highland Housing Association Application Type: Outline Planning Permission Application Description: Residential Development Location: Land North of Bruach Gorm and Daal Terrace, Port Charlotte, Isle of ______

(A) THE APPLICATION

(i) Development Requiring Express Planning Permission

• Permission in principle for a 30 unit residential development within a 2 hectare site (details of siting, design and finishes reserved; full details of plot layout submitted for approval at outline stage); • Formation of a new vehicular access onto the public highway (full details submitted for approval at outline stage); • Formation of adoptable standard residential service road (full details submitted for approval at outline stage); • Provision of hard and soft landscaping, equipped and casual play areas (details reserved).

(ii) Other specified operations.

• Connection to public water main; • Connection to public sewer. ______

(B) RECOMMENDATION

It is recommended that outline planning permission be granted as a ‘departure’ to approved Development Plan policy subject to the conditions and reasons listed in the report.

______

(C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS

(i) Development Plan Context:

The application relates to land on the fringe of Port Charlotte village subject to the operation of adopted local plan Policy HO 6, which restricts development to identified infill sites within the settlement. As the development of the land would represent an enlargement of the village beyond its established boundaries, the proposal conflicts with this policy.

The emergent ' Local Plan' (Modified Finalised Draft) 2006 includes the land within the expanded settlement boundary for Port Charlotte, thereby giving effect to Structure Plan Policy STRAT DC 1, which supports housing development of up to ‘medium scale’; i.e. up to 30 dwellings. In addition, the site is specifically allocated for housing development in the emergent plan by virtue of housing allocation H-AL10/7. Given that the expanded settlement boundary and the housing allocation have not been contested as part of the local plan consultation process, they may be accorded material weight in the determination of the application, in preference to the outdated provisions of the adopted local plan.

(ii) Representations:

Three letters of representation opposing the proposal have been received from local residents, contesting the location of the development, the need for affordable houses and the likely impact upon the Port Charlotte conservation area.

(iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing:

Although the development represent a ‘departure’ to the adopted plan, the uncontested provision of the emergent local plan confirm the acceptability of the development of this land for residential purposes and may be accorded material weight. The persons making representations are small in number and largely contest the principle of the development of the land, which has already been established through the local plan process. A PAN 41 hearing is not required in this case.

(iv) Reasoned Justification for a Departure to the Provisions of the Development Plan.

The application relates to land outside the settlement boundary established by the inset map within the Islay Jura and Local Plan 1985 and 1 st Review and Alteration 1988. Accordingly residential development is restricted to identified infill sites in accordance with Policy HO6. The development of the land would not accord with this policy.

However, the 'Argyll and Bute Local Plan' (Modified Finalised Draft) 2006 has firstly extended the settlement boundary for Port Charlotte to include this land, and secondly, has specifically identified the site as housing allocation H-AL 10/7 supporting ‘medium density’ development with an affordability component. These provisions have not been contested as part of the local plan public consultation process and may therefore be accorded material weight in the determination of the application, in preference to the outdated provisions of the adopted local plan. The development comprises ‘medium scale’ residential development consisted with adopted Structure Plan Policy STRAT DC 1 and emergent local plan policy HOU 1, and may therefore be accepted as a ‘minor departure’ to adopted local plan policy.

(v) Is the Proposal a Schedule 1 or 2 EIA development:

No.

(vi) Does the Council have an interest in the site:

No.

(vii) Need and Reason for Notification to Scottish Ministers.

None required.

(viii) Has a sustainability Checklist Been Submitted:

Not required for this scale of development.

Angus J Gilmour Head of Planning 20 th February 2007

Author: Peter Bain Date: 18.02.07 Reviewing Officer: Richard Kerr Date: 18.02.07

NOTE: Committee Members, the applicant, agent and any other interested party should note that the consultation responses and letters of representation referred to in Appendix A, have been summarised and that the full consultation response or letter of representations are available on request. It should also be noted that the associated drawings, application forms, consultations, other correspondence and all letters of representations are available for viewing on the Council web site at www.argyll-bute.gov.uk

CONDITIONS AND REASONS RELATIVE TO APPLICATION: 07/02313/OUT

1. This permission is granted under the provisions of Article 4 of the Town and Country Planning (General Development Procedure) () 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 (including open space provision); (c) 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. The residential service road serving the main part of the development shall be constructed to Roads Authority adoption standards and shall be a road over which the public has a right of access in terms of the Roads (Scotland) Act 1984. The road shall comprise a 5.5m wide carriageway with footways along both sides. The road system shall be laid out in accordance with the layout details indicated, or any subsequent amendments thereto agreed in advance in writing by the Council as Planning Authority in consultation with the Area Roads Manager.

Reason: In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

5. The development shall be implemented in accordance with a phasing plan which shall be submitted to an be approved in writing by the Council as Planning Authority prior to the commencement of development. This shall provide that the development is implemented in a manner which ensures that the proposed dwellings fronting onto the A847 public road are constructed in advance of any of the remaining plots within the development.

Reason: In order to ensure that development is implemented in a progressive manner to limit the effects of construction activities both in the interests of the residential amenity of existing and prospective occupiers and in order to prevent sporadic development within the development site to the detriment of townscape character.

6. All access roads and pavements granted consent shall be constructed to at least base course level prior to any work starting on the erection of the buildings which they are intended to serve; the final wearing surface of the roads and pavements shall be applied concurrently with the construction of the final building within each phase of the development.

Reason: In the interests of road safety and to ensure that an adequate level of access is provided.

7. No development shall be commenced on any subsequent phase of development authorised under the terms of condition 5 above, until such time as the residential service road, car parking areas and footpath links within the immediately preceding phase have been constructed, marked out and made available for use in accordance with the layout details shown on the approved plans. Details of the means of surfacing of the car parking, turning areas and footpaths shall be agreed in writing by the Council as Planning Authority in consultation with the Area Roads Engineer in advance of construction taking place.

Reason: In order to ensure that the provision of vehicular access, footpaths and car parking facilities is commensurate with the phased implementation of development in the interests of amenity and road safety.

8. Any application for approval of reserved matters shall secure the following:

- in respect of plots 1 - 8 inclusive, the dwellings shall be 2 storey in height, and of an appearance similar to existing dwellings at Bruach Gorm with the principal elevations fronting the A847; - in respect of plots 13 -22 inclusive, the dwellings shall be a maximum of 1 storey with attic accommodation, and of an appearance similar to illustrative drawing No 174/07 ; - in respect of plots 9 -12 inclusive and 23 - 30, the dwellings shall be between 1 and 2 storeys, or a mixture of heights, and of an appearance similar to existing dwellings at Bruach Gorm, or illustrative drawing Nos. 174/07, 174/08 and 174/09.

In each case, the dwellings should be finished externally with a traditional rendered finish and a natural slate or good quality slate substitute roof. The use of window bands, and peaked roof porches will be encouraged, and elevations of traditional appearance will be particularly required for the front elevations of plots 1 – 8 inclusive facing the A847.

Reason: In order to ensure that the development has regard to the vernacular building traditions in the area and that the style and appearance of property has coherence in its character in the interests of the visual amenity of the area.

9. Any application for the approval of reserved matters in respect of residential properties shall include a proposed finished floor level(s) relative to a fixed datum. Development shall proceed in accordance with the duly approved levels.

Reason: Reason: In order to ensure an appropriate relationship between properties and in order to minimise underbuild in the interests of the visual amenity of the area.

10. Before development is commenced a scheme for the provision of a centrally located equipped play area and associated open space shall be submitted to and approved by the Council as Planning Authority. The details shall include a play area designed in accordance with the provisions of BS 5696 (Play Equipment Intended for Permanent Installation Outdoors), together with - i. full details and location of the proposed play equipment, seating, and litter bins; ii. details of the sub-base and surface treatment of the play area, in addition to any fences, walls or other boundary treatment; iii. proposals for the implementation of the play area and open space in relation to the proposed phasing of development. This programme shall ensure that the equipped play area is provided prior to the substantial completion of the 20th dwelling within the development and shall provide a timescale for the completion of the associated casual open space.

Reason: In the interests of public safety and to ensure compliance with the standards contained in BS 5696 (Play Equipment Intended for Permanent Installation Outdoors).

11. No development shall be commenced until details of a scheme of boundary treatment, surface treatment and landscaping works have been submitted to and approved in writing by the Planning Authority. Details of the scheme shall be informed by the plot layout which accompanies this outline consent and will include :

• location and design, including materials, of any walls, fences and gates; • surface treatment of means of access and hardstanding areas; • soft landscaping proposals; • phased implementation details.

In particular, these details shall provide for the retention/repositioning of the stone dyke along the A847 public road frontage of the site, and the provision of a hedge/tree planting along the northern boundary of the site.

None of the dwellings units within the phase concerned shall be occupied until the respective boundary and surface treatment works have been implemented in accordance with the duly approved scheme. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the substantial completion of the construction works within the relevant phase. Any trees or plants which within a period of ten years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Planning Authority gives written consent to any variation.

Reason: To ensure the implementation of a satisfactory scheme of boundary and surface treatment and landscaping proposals in the interests of the amenity of the area.

12. No development shall commence within the development site outlined in red on the approved plans until the developer has completed the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved in writing by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: To ensure that any archaeological remains located within the application area may be adequately dealt with before development proceeds.

13. Prior to the commencement of development, details of the surface water drainage system to serve the development shall be submitted to and agreed in writing by the Planning Authority. Such details shall be informed by the ‘masterplan’ which accompanies this outline consent and shall show that the development will be served by a separate means of foul and surface water disposal. Surface water shall be drained in accordance with Sustainable Urban Drainage (SUDS) principles and in accordance with details to be agreed with the Scottish Environment Protection Agency, Scottish Water, the Area Roads Manager and, the published advice given in the ‘ Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland ’ (CIRIA 2000).

Reason: In order to ensure a segregated means of drainage in the interests of pollution control and to prevent flooding.

14. The proposed access junction of the adoptable standard residential service road and the A847 public highway shall be formed in accordance with the Council’s Highway Drawing No. TM205 and shall have visibility splays of 4.5 metres by 90.0 metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over 1.05 metres in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over 1.05 metres in height to the satisfaction of the Planning Authority.

Reason: In the interest of road safety.

15. Prior to work starting on site, the access hereby permitted shall be formed in accordance with the Council’s Highway Drawing No. TM205 and the bellmouth surfaced in dense bitumen macadam for a distance of 10 metres back from the existing carriageway edge and dropped kerbs formed to the satisfaction of the Planning Authority, or as otherwise agreed in writing with the Planning Authority.

Reason: In the interest of road safety.

16. The gradient of the residential access road shall not exceed 1 in 15 within 4.5 metres of the edge of the existing carriageway edge and shall thereafter not be steeper than 1 in 7.

Reason: In the interest of road safety.

17. Prior to the first occupation of the 20 th dwelling within the development, an adoptable standard footway connection, drawn up in consultation with the Area Roads Manager, shall be constructed between the new access road serving the site from the A847, and the site boundary adjacent to the end of the existing public footway which terminates opposite No. 10 Daal Terrace.

Reason: In the interest of road safety and to provide a convenient means of pedestrian access between the development site and the remainder of the village..

18. The development hereby permitted shall be implemented solely by a Registered Social Landlord, for the purposes of providing affordable homes as defined in the Council’s published supplementary ‘Development Plan Policy Guidance – Affordable Housing’ and the Government’s Scottish Planning Policy 3 (SPP 3).

Reason: In order to meet the requirements of emergent development plan policy HOU 2, and having regard to the enhanced density of development permitted in recognition of the intended provision of 100% affordability.

19. No development shall commence until a Site Waste Management Plan has been submitted to and approved by the Council as Planning Authority in consultation with the Scottish Environment Protection Agency. This plan shall detail the measures for minimising waste production during the construction stage of the development and the measures for managing waste generated during the construction period. The plan shall thereafter be implemented in accordance with the approved details.

Reason In the interests of pollution control.

ADVICE NOTES: a) In respect of condition 4 above, the Area Roads Manager notes that Construction Consent and a Road Bond will be required. continued....

b) The Area Roads Manager notes that parking requirements and the access details pertaining to individual plots will be commented upon as and when an application for the approval of ‘reserved matters’ is submitted. It is noted that at the present time parking requirements for development are assessed against the provisions of policy LP TRAN 6 and Appendix C of the ‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006. Each access should be formed with dropped kerbs and have visibility splays of 20.0 by 2.0 metres in each direction; the gradient of the driveway should not exceed 1 in 15 for the first 4.5 metres and thereafter should not exceed 1 in 7. The Area Roads Manager also notes that accesses will require to be constructed to a standard that ensures no surface water is discharged onto the public highway. c) Regard should be had to the attached consultation response from Scottish Water dated 12 th December 2007 with regard to the proposed development. d) Regard should be had to the attached consultation response from Scottish Environment Protection Agency dated 18.02.08.

APPENDIX A – RELATIVE TO APPLICATION NUMBER: 07/02313/OUT

(i) POLICY OVERVIEW AND MATERIAL ADVICE

‘Argyll and Bute Structure Plan’ 2002

STRAT DC 1 – Within the Small Towns and Villages, sets out a general presumption in favour of up to medium scale development, on appropriate infill, rounding-off and redevelopment sites.

STRAT DC 7 – Seeks to protect nature conservation interests.

STRAT DC 8 – Seeks to resist development which by reason of siting, scale, form, design or cumulative impact would have a damaging impact upon the key environmental features of a visually contained or wider landscape/coastscape.

STRAT DC 9 – Seeks to protect the historic environment.

‘Islay, Jura and Colonsay Local Plan’ 1985 and (1 st review and alteration) 1988

STRAT 2 – Sets out a presumption that local development requirements shall be located within settlements including Port Charlotte.

POL RUR 10 – Seeks to resist development which would have a significant adverse impact upon nature conservation interests.

POL HO 6 – Restricts residential development within the Port Charlotte local plan inset map to specifically identified areas in order to protect the settlement pattern.

POL BE 11A – Seeks to ensure that new development proposals are of an appropriately high standard of design and have regard to the Council’s published design guidance.

‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006

P/DCZ 1 – gives spatial expression to ‘settlement areas’ established by Structure Plan Policy STRAT DC 1, thereby supporting the principle of development up to ‘medium scale’ (i.e. up to 30 units) within the ‘settlement area’ for Port Charlotte.

P/AL 1 – gives spatial expression to ‘allocations’ listed in Appendix F of the emergent Local Plan.

LP ENV 1 – Sets out the criteria against which the Council will assess all planning applications.

LP ENV 3 – Seeks to resist development which would adversely affect the integrity on European and Ramsar sites.

LP ENV 5 – Seeks to resist development which would compromise the conservation objectives and overall integrity of a Site of Special Scientific Interest (SSSI).

LP ENV 14 – Seeks to resist development which would have a significant adverse effect upon the character or appearance of a Conservation Area or its setting.

LP ENV 17 - Seeks to mitigate the impacts of development upon sites of archaeological importance.

LP ENV 19 – Requires new development to accord with a high standard of layout and design which accords with the principles set out in Appendix A of the emergent Local Plan.

LP HOU 1 – Sets out a general presumption in favour of up to, and including, ‘medium scale’ residential development within the ‘settlement area’ of Port Charlotte.

LP HOU 2 – Sets out the Council’s requirements with regard to the provision of affordable housing.

LP HOU 3 – Sets out the Council’s requirements with regard to special needs access provision within new housing developments.

LP HOU 4 – Sets out the Council’s requirements with regard to the provision and maintenance of casual and equipped play space for housing development of 20 or more units.

LP SERV 1 – Sets out the Council’s requirements with regard to foul drainage arrangements.

LP SERV 2 – Sets out the Council’s requirements for the incorporation of natural features and Sustainable urban Drainage Systems in development schemes.

LP SERV 4 – Sets out the Council’s requirements with regard to water supplies serving new developments.

LP TRAN 2 – Sets out the Council’s requirements in respect of integrating new development with public transport provision.

LP TRAN 3 – Sets out the Council’s requirements in respect of special needs access provision.

LP TRAN 4 – Sets out the Council’s requirements in respect of new and existing public and private access regimes.

LP TRAN 5 – Sets out a requirement for developers to contribute to offsite highway improvements that may be required as part of a planning proposal.

LP TRAN 6 – Sets out the Council’s standards with regard to onsite car parking provision for new developments.

‘Argyll and Bute Council Sustainable Design Guidance’ (October 2006)

Topic 2 – Larger Housing Developments.

Scottish Planning Policy SPP3 – Planning For Housing

Seeks to secure well located, high quality housing including affordable provision.

Planning Advice Note PAN 42 – Archaeology

Seeks to protect archaeological resources.

Planning Advice Note PAN 74 – Affordable Housing

Sets out how the Planning System can support the Scottish Government’s commitment to increase the supply of affordable housing.

Note (i): The applicable elements of the above Policies have not been objected to or have no unresolved material planning issues and are therefore material planning considerations.

Note (ii): The Full Policies are available to view on the Council’s Web Site at www.argyll-bute.gov.uk

(ii) SITE HISTORY

None.

(iii) CONSULTATIONS

Scottish Water (received 17.12.07) – No objections.

Highlands and Islands Airports Ltd. (HIA) (20.12.07) – No objections.

Area Environmental Health Manager (18.12.07) – No objections.

West of Scotland Archaeology Service (WoSAS) (28.12.07) – Note that the site has some potential to contain previously unrecorded buried archaeological deposits; it is advised that a planning condition requiring the archaeological investigation of the site be imposed upon a grant of planning consent. (It should be noted that a prior archaeological investigation is being carried out on the site at the time of writing).

Scottish Natural Heritage (SNH) (16.01.08) – No objections – the site lies adjacent to the Rinns of Islay SSSI and SPA designation however it is anticipated that the development shall have minimal impact upon the qualifying interests.

Area Roads Manager (28.01.08) – No objections subject to the provision of an adoptable standard public highway, provision of footpath links, access geometry, visibility, construction, turning and parking standards.

Development Policy Manager (28.01.08) – No objections. It is advised that the Modified Finalised Draft Local Plan (MFDLP) includes H-AL 10/7 as an allocation for housing with a 25% affordable requirement on 24 units. There have been no objections to this allocation and it can therefore be viewed as a material consideration of significant weight. The MFDLP contains indicative figures in relation to the housing allocations. This figure may be varied in appropriate circumstances at the discretion of the planning authority. The 24 units at this allocation is based on providing a medium density development appropriate for this location, which contains a 25% requirement for affordable housing. The proposal received relates to 100% affordable housing. In this circumstance, it is considered that at this site an increase of up to 30 units could still deliver a medium density development in accord with the development plan, subject to layout, design and open space issues being addressed satisfactorily.

Scottish Environment Protection Agency (19.01.08) – no objection subject to conditions controlling the means of surface water drainage and the submission of a site waste management plan.

(iv) PUBLICITY AND REPRESENTATIONS

The proposal has been advertised in respect of ‘vacant land’ and as a ‘potential departure’ to the provisions of the Development Plan. To date, three representations have been received in respect of the proposal from: Mrs Jean Robertson, 12 Daal Terrace, Port Charlotte (received 12.12.07); Mr Fergus Muir OBE Hon FRIBA, An Cala House, 5 Shore Street, Port Charlotte (12.12.07); and Ms Isabel J M Brown, South Brae, Port Charlotte (15.01.08 x 2). The various issues are summarised as follows:

• That the development would represent in an inappropriate extension to the boundaries of the existing settlement of Port Charlotte, not only by altering the setting of adjacent dwellings which presently enjoy an outlook over open countryside but will also detrimentally impact upon views of the approach to Port Charlotte to the north and the settlement pattern of the village.

Comments: The principle of a residential development on the site has already been established by the designation of the site as a housing allocation in the emergent Local Plan. The disposition of this housing allocation was not subject to objection in the Local Plan consultation process and consequently may be given significant material weight in the determination of the current application. Consequently, objections to the principle of housing development on this land cannot be accorded material weight.

• There are other more appropriate locations for residential development within Port Charlotte than the current application site.

Comments: As above..

• A residential development at this location will adversely impact upon key views from the Bruichladdich – Port Charlotte public highway into the Conservation Area to the south.

Comments: The Port Charlotte Conservation Area only becomes visible from the A847 public road from Bruichladdich upon arriving adjacent to the application site. The development would effectively be beside or behind a viewer taking in the Conservation Area from this location and would not therefore significantly impinge upon the first impression of the Conservation Area upon approaching the village from the north.

• Port Charlotte has recently accommodated the development of 18 dwellings managed by a housing association. It is argued that Port Charlotte does not require further affordable housing development and that a development of this size would be better accommodated in or where there are greater employment opportunities for residents.

Comments: This is not a material planning consideration.

• That the proposal shall adversely impact on the views from private residences.

Comments: This is not a material planning consideration.

APPENDIX B – RELATIVE TO APPLICATION NUMBER: 07/02313/OUT

PLANNING LAND USE AND POLICY ASSESSMENT

A. Settlement Strategy

The application site is located within the ‘Islay, Jura and Colonsay Local Plan’ Settlement Inset Map for Port Charlotte wherein the provisions of policy POL HO 6 only support the principle of residential development within specifically identified areas. The current proposal is located outwith the areas identified as suitable for residential development and is consequently contrary to the provisions of POL HO 6.

However, in the emerging ‘Argyll and Bute Local Plan’ (Modified Finalised Draft) 2006, the application site is located within the enlarged ‘settlement area’ for Port Charlotte wherein the provisions of STRAT DC 1 of the Structure Plan and LP HOU 1 would support the principle of up to ‘medium scale’ residential development (development of between 6 and 30 units) on appropriate ‘infill’, ‘rounding-off’ and ‘redevelopment’ sites. Furthermore, the application site relates to the boundaries of ‘Housing Allocation’ H-AL 10/7 wherein the appropriate schedule in Appendix F of the emergent ‘Argyll and Bute Local Plan’ sets out an expectation that a medium density development of 24 dwellinghouses, incorporating a minimum of 25% affordable housing, can be accommodated at this location. As the site is proposed to be developed in its entirety by a Housing Association with 100% affordable provision, using exclusively semi-detached houses, the Development Policy Manager has confirmed that an increase of up to 30 units could still deliver a ‘medium density’ development in accordance with the development plan. The proposed site layout has been assessed in terms of local plan Policy ENV 19 and the considerations relating to the ‘Design of New Housing in Settlements’ listed in Appendix A to the plan. These are addressed below and it is concluded that the development of the site for 30 dwellings will meet accepted standards in the context of a ‘medium scale’ development.

B. Location, Nature and Design of Proposed Development

The proposal is an outline planning application seeking permission in principle for a 30 dwelling unit residential development on 2 hectares adjacent to the existing northern built limits of Port Charlotte. The application site pertains to improved grasslands located immediately to the north of the former Council housing development at Daal Terrace and a more recent Housing Association development at Bruach Gorm. The site gently slopes up from the public highway to Bruach Gorm in the south west corner of the site.

Permission is sought for the principle of the development, although details of the proposed access point, the residential service road and the plot layout have been submitted for approval as part of the current application. Remaining details, including the design of the dwellings themselves, will be the subject of a reserved matters application. The site layout details show a continuation of the building line established by Daal Terrace to provide a built frontage onto the A847, where it is proposed that two storey buildings (details of siting, design and finishes reserved) will overlook the public highway. A second tier of development would sit immediately behind on spurs off of the access road into the site. The remainder of the development is tiered upon the slope to provide both views out of the site over and to reflect the terraced nature of the much of the surrounding built environment. Illustrative designs of single and one and a half storey semi-detached dwellings have been submitted, although these are not to be approved at outline stage and will be the subject of a subsequent reserved matters application.

Appendix A to the emergent local plan requires housing development in settlements to be designed in accordance with the following:

Location – the built form should be sympathetic to the settlement pattern and local features. In this case, the development is generally orientated towards the loch to reflect the built form of the village and has no detrimental impact on the nearby conservation area.

Layout – must reflect local character and be compatible with adjoining uses. The semi- detached layout proposed is in character with existing properties at Dall Terrace and the more recently completed housing association properties to the south.

Access – should not compromise safety or amenity. The development is to be accessed by means road layout which will be to adoption standards.

Open space/density – developments should have sufficient private garden areas and communal open space. The scale of the development is such that it requires the provision of on-site play space and an equipped play area to meet development plan standards. Adequate provision is allowed in the layout of plots for this, although the details of this provision will form part of the reserved matters application. The size of the individual plots is such that they exceed the minimum garden sizes set out in the plan.

Services – availability of services will be a constraint in the design of schemes. In this case, there are no infrastructure constraints.

Design – the design of buildings should be such that they can integrate into their surroundings. Although design details are reserved for subsequent approval, the illustrative house types would be generally appropriate in this location. Given the location of the site on the margin of the village, boundary treatment should entail planting around the perimeter of the site adjoining the open land to the north, and the repositioning of the stone dyke along the road frontage to suit visibility requirements at the access point.

C. Natural Environment

The application site is located outwith, but immediately adjacent to, the Rinns of Islay SSSI and SPA designation. This is an area of old improved grassland which is used by feeding Greenland white-fronted and barnacle geese. Whilst the proposal shall result in a loss of feeding grounds and temporary disturbance during the construction phase of development, SNH have noted that the geese feed over extensive areas of grassland on the Rinns and therefore the impact of the development will be minimal. The proposal is considered to be consistent with the provisions of policies STRAT DC 7, POL RUR 10, LP ENV 3 and LP ENV 5.

D. Built Environment

The application site is located outwith the existing built limits of Port Charlotte immediately to the north of two storey Council and Housing Association residential developments at Daal Terrace and Bruach Gorm. The proposed development layout will effectively wrap around these existing buildings providing an element of equipped and casual open space on the common boundaries and a new northern edge to the settlement area. Development in the eastern and north eastern part of the application site in particular will require to be of a high quality of design and finish, being the parts of the proposal which will readily be open to public view on the road approach to Port Charlotte.

The application site is located outwith the Port Charlotte Conservation Area. The development will be screened from view from the majority of the Conservation Area by existing buildings and the topography of the land. The site is, however, readily open to view from the pier, the north end of Shore Street and short sections of Main Street where the development will feature in views looking north out of the Conservation Area. From the north end of Shore Street and the pier the eastern edge of the development will be visible as a continuation of the existing settlement on the west side of the A847. Existing development on the shoreward side of the A847 will sit in the foreground of these views; the majority of the development will on be partially visible or screened from view by existing two storey buildings at Daal Terrace and Bruach Gorm. From Main Street, the development will be largely screened by existing

development. It is the consideration of the Planning Department that the proposed development shall not adversely affect the key characteristics of views both into and out of the Port Charlotte Conservation Area.

In view of the above, the Planning Department views the proposal to be consistent with the relevant elements of policies STRAT DC 8, POL BE 4, LP ENV 1, LP ENV 14 and LP ENV 19.

E. Landscape Character

The proposed development is not located within an area specifically designated for its scenic value. With regard to rural landscape character the site is only open to the view of the wider public in the approach to Port Charlotte from Bruichladdich where much of the development will be screened from distant views by existing roadside development on the A847 to the north and a tree line which follows a fence line westwards from the A847 public highway. The development will only fully open up to view on the northern approach from Bruichladdich from a corner on the road some 220 metres to the north of the site from where the development would be visible across an open agricultural field. It should be noted that the existing developments at Daal Terrace and Bruach Gorm presently form the backdrop to this viewpoint. The current proposal will be for housing of a similar nature to that of the existing dwellings on the edge of the village and will only increase the proximity of development to the viewer, rather than substantially altering the character of the landscape setting. It will be necessary to restrict the height of development along the north and north western boundary of the site to ensure that it is screened by these existing landscape features. It will also be necessary to secure, by planning condition, the provision of some screen planting and boundary treatment to soften the transition from the built to rural environment on the northern boundary of the site. It is the consideration of the Planning Department that, subject to an appropriate sitting, scale, design and finishes, the proposed development shall not have a significant adverse impact upon the wider landscape character and is therefore considered to be consistent with the provisions of policies STRAT DC 8, LP ENV 1 and LP ENV 19.

F. Affordable Housing

The applicant, West Highland Housing Association, is a Registered Social Landlord and intends to provide 100% affordable housing within the development site. The proposed provision of affordable housing complies with the requirements of PAN 74, emergent Local Plan policy LP HOU 2 and the appropriate Schedule in Appendix F of the emergent Local Plan which requires a minimum provision of 25% affordable housing.

G. Archaeological Matters

Whilst the application site is located outwith the archaeological trigger areas notified to the Council, WoSAS have advised that the application site is located within an area which has some potential to contain previously unrecorded buried archaeological deposits. This interpretation is based upon the type and range of sites that have been identified from the wider landscape surrounding the development area. In particular a number of stone artefacts and material relating to flint working has been recorded from the area around Port Charlotte and Octomore demonstrating activity in the area during prehistory and suggesting that a previously unrecorded site may exist in the area. In addition, the area proposed for development appears to sit just above the 10m contour line on a raised beach, a topographic feature which has proved to be of particular focus of settlement during prehistory; as the site is located on land that does not appear to have been disturbed by development during the modern period these sub-surface archaeological remains would be susceptible to damage or disturbance as a result of construction activities.

WoSAS have advised that the archaeological evaluation of the site should preferably be undertaken prior to the determination of the current application, although a suspensive condition would also be acceptable to them. The applicant has elected to commission an

archaeological evaluation of the site in advance, and that this is being undertaken at the time of writing. It is unclear whether the results of this evaluation will be available prior to the consideration of this item by Committee and it is therefore advised that the requirements of PAN 42 and LP ENV 17 should be achieved by way of the imposition of an appropriate planning condition.

H. Road Network, Parking and Associated Transport Matters.

Access to the site shall be via a new vehicular access onto the A847 public highway. The new road within the site shall be an adoptable standard residential service road with pedestrian footpaths on both sides which will arc across the site from the east boundary to the south west corner with a couple of spurs with turning heads running north-south in order to open up the full width of the site at the eastern boundary for development. Parking shall be provided within the curtilage of each dwelling unit. The Area Roads Manager has not raised any objection to the proposal subject to the construction of the new residential service road to an adoptable standard, the provision of a road bond, appropriate geometry and visibility, both the new access onto the A847 and from each private driveway onto the residential service road, parking provision for two cars per dwelling, provision of a public footpath connection along the A847. It is also suggested that the provision of a footpath connection(s) with existing development should be investigated to provide a shorter pedestrian route back into Port Charlotte. This would also enhance the integration of the proposal with existing development. These issues can be adequately addressed through the imposition of planning conditions. Existing public transport links are available on the A847 approximately 150 metres to the south of the new access into the development site. The proposal is considered to be consistent with the provisions of LP TRAN 1, LP TRAN 2, LP TRAN 3, LP TRAN 4 and LP TRAN 6.

I. Infrastructure

Water shall be by connection to the public water main; foul drainage shall be by connection to the public sewer. Scottish Water has not raised objection and the proposal is considered to be consistent with the provisions of LP SERV 1 and LP SERV 4. SEPA have indicated that the proposed means of surface water drainage via a soakaway to coastal waters will be acceptable in principle subject to a condition requiring the submission of a sustainable urban drainage scheme. The development complies with the requirements of LP SERV 2.

J. Other Key Policy Matters

The provisions of draft policy LP HOU 4 set out the requirements for the provision of ‘housing green-space’ within developments of 20 units or more, including the provision of play equipment. The access and plot layout proposed reserves sufficient land for this provision in an appropriate location within the centre of the site, the detail of which will be considered as part of a subsequent reserved matters application.

K. Conclusion.

The development is consistent with the provisions of the 'Argyll and Bute Local Plan' (Modified Finalised Draft) 2006, which represents the most up to date expression of Council policy, and insofar as it has not been contested, may be accorded material weight in favour of the outdated adopted plan. The scale layout and servicing of the development, and the affordable housing provision proposed is acceptable in principle. Remaining matters of detail can be addressed at reserved matters stage. This outline application should be approved as being consistent with emergent policy, as a ‘minor departure’ to the adopted local plan.