Argyll and Bute Council Development and Infrastructure Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No : 09/01256/PP Planning Hierarchy : Local Development Applicant : Mr John MacFarlane Proposal : Demolition of Store and Erection of 2 Semi-Detached Dwellinghouses Site Address : 23 Balvicar, Isle of Seil ____________________________________________________________________________ DECISION ROUTE Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Demolition of store • Erection of 2 semi-detached dwellinghouses • Upgrade of existing vehicular access (ii) Other specified operations • • Connection to public water system • Connection to public drainage system ____________________________________________________________________________ (B) RECOMMENDATION: It is recommended that planning permission be granted subject to the conditions and reasons appended to this report. ____________________________________________________________________________ (C) HISTORY: 09/01159/PP - Demolition of store and erection of 2 semi-detached dwellinghouses – withdrawn 31/08/09 ____________________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager Report dated 24/02/10 (supersedes previous response dated 15/09/09) advising no objection subject to conditions. Scottish Water Letter dated 07/09/09 advising no objection to the proposal but indicates that there are no public sewers within the vicinity of the site. However, a new public sewer has recently been constructed within this area. Seil and Easdale Community Council Letter dated 16/09/09 advising no objection. ___________________________________________________________________________ (E) PUBLICITY: N/A ____________________________________________________________________________ (F) REPRESENTATIONS: 12 letters have been received regarding the proposed development. Ian Harper, 17 Balvicar, Isle of Seil, By Oban, PA34 4TF C Ferguson, 20/21 Balvicar, Isle of Seil, By Oban, PA34 4TF Richard Wesley, 1 Kilbrandon Cottages, Balvicar, By Oban, PA34 4RA Mr McEwan, 25 Harris Gardens, Glasgow, G60 5LG Martin Waddell, 2 Kilbrandon Cottages, Balvicar, by Oban, PA34 4RA Mr Mrs Mackintosh, 77 Russell Road, Duntocher, Clydebank, G81 6JP Gavin Rae, 6 Kilbrandon Cottages, Balvicar, Isle of Seil Laura Howe, 22 Balvicar , by Oban, PA34 4TF John A Howe, 22 Balvicar , by Oban, PA34 4TF Myra Waddell, 9 Kilbrandon Cottages, Balvicar, by Oban, PA34 4RA Mr Mrs M and S Robertson, Barchailein, Balvicar, By Oban, PA34 4TF Hugh S Flockhart, 3 Meadowfield Terrace, Edinburgh EH3 7NR (i) Summary of issues raised • The proposed dwellinghouses are large two storey structures and are incongruous with, and will dominate, the adjacent single storey traditional slate workers cottages. They are a full 2m higher than the immediate neighbouring properties at 20&22 Balvicar and will therefore be contrary to Policy LP ENV 19 and Appendix A. Comment: The proposed dwellinghouses are of single storey appearance but with attic accommodation and whilst they are larger in scale than the traditional slate workers cottages which adjoin the site, it is considered that the difference in level between the site and the adjoining residential properties will ensure that the proposed dwellinghouses will not detract from the setting and character of the existing houses. Furthermore, in order to help reduce the overall impact of the dwellinghouses on the surrounding area, the applicant has agreed to reduce the existing ground level by 0.8 metres in order that the overall height of the proposed dwellings is reduced relative to surrounding cottages. • The footprint of the dwellinghouses dominates the overall plot size and the shape of the garden ground is illogical in relation to the houses themselves. Comment: The overall area of the application site is 722 square metres and the footprint of the dwellinghouses is 149 square metres which occupies approximately 20% of the overall site which complies with the terms of Appendix A, Sustainable Siting and Design Principles. • The proposed car parking is contrary to Policy TA5 and the proposed parking should be designated for visitor parking with the proprietors vehicles garaged. Comment: The Area Roads Manager was consulted on the proposal and advised no objection to the proposed parking provision. • The proposal will overshadow the property at 20/21 Balvicar. Comment: Given that the application site is set at a higher level than the neighbouring property at number 20/21 and there are a number of very mature trees between the application site and adjoining garden it is not considered that the proposal will cause any overshadowing. Furthermore, in order to help reduce the overall impact of the dwellinghouse on the surrounding area, the applicant has agreed to reduce the ground level by 0.8 metres. • The proposed boat maintenance shed is within less than 30 metres of the proposed development and would be a nuisance based on noise. Comment: The proposed boat maintenance shed is a similar distance from existing residential properties within the vicinity and a condition on the permission restricts the hours of operation in order to protect the residential amenity of the area. • Road safety and parking issues Comment: The Area Roads Manager was consulted on the proposal and raised no objection to the proposal. • The vertical drop to the west of the site would be dangerous for proprietors of the property. Comment: This is not a material consideration in the determination of this application but a matter for the applicant. • Any boundary treatment would undermine the existing retaining wall to the west. Comment: This is not a material planning consideration in the determination of this application. This is essentially a civil matter and good working practice but is solely a matter between the applicant, contractor and adjoining neighbours. • The gap site between 17 and 19 Balvicar should be completed before any new building work is started. Comment: Each planning application is considered on its own merits. The Planning Authority does not have any powers to ensure that planning permissions are implemented. • The proposed houses are to be constructed over water pipes serving neighbouring properties and this could result in interruption to the water supply during construction. Comment: Scottish Water was consulted on the proposed development and did not raise any issues over the position of the proposed dwellinghouses. The possible interruption to the water supply during construction is essentially a civil matter between the applicant, developer and Scottish Water. • The proposal has the potential to damage the wall and trees at number 22 which is contrary to Policy LP ENV 7 and LP ENV 19 and the houses should therefore be moved further towards the northwest. Comment: This is essentially a civil matter and good working practice but is solely a matter between the applicant, contractor and adjoining neighbours. Please note that the above represents a summary of the issues raised in the letters of representation. Full copies of the letters of representation can be viewed via the Council’s Public Access System at www.argyll-bute.gov.uk . ________________________________________________________________________ (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the Conservation No (Natural Habitats) Regulations 1994: (iii) A design or design/access statement: No (iv) A report on the impact of the proposed development No e.g. retail impact, transport impact, noise impact, flood risk, drainage impact etc: ____________________________________________________________________________ (H) PLANNING OBLIGATIONS (i) Is a Section 75 agreement required: No ____________________________________________________________________________ (I) Has a Direction been issued by Scottish Ministers in terms of No Regulation 30, 31 or 32: ____________________________________________________________________________ (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. Argyll and Bute Structure Plan 2002 STRAT DC 1 – Development within the Settlements Argyll and Bute Local Plan 2009 LP ENV 1 - Development Impact on the General Environment LP ENV 19 - Development Setting, Layout and Design LP HOU 1 – General Housing Development LP TRAN 4 - New & Existing Public Roads & Private Access Regimes LP TRAN 6 – Vehicle Parking Provision Appendix A – Sustainable Siting and Design Principles Appendix C – Access and Parking Standards (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. Argyll & Bute Sustainable Design Guidance (2006) Scottish Planning Policy, 2010 ____________________________________________________________________________