DEVELOPMENT SERVICES Local Member - Cllr. John McAlpine PLANNING APPLICATION REPORT Date of Validity - 6th August 2004 MID ARGYLL, KINTYRE AND ISLAY Committee Date - 25th November 2004 Reference Number: 04/01466/DET Applicants Name: Fyne Homes Ltd. Application Type: Detailed Planning Permission Application Description: Erection of 18 dwellinghouses, associated access, drainage, play area and footpath Location: Land adjacent to Gigha Hotel, Ardminish, Isle of Gigha (A ) THE APPLICATION (i) Development Requiring Express Planning Permission: • Erection of 18 dwellinghouses; • Provision of an equipped play area; • Formation of 2 new accesses onto the public highway and site access roads; • Formation of 45 on site parking spaces; • Formation of a footpath; • Installation of 2 biodisc waste water treatment plants and soakaways. (ii) Other aspects of the proposal: • Connection to the public water main; • Provision of site landscaping. (B) RECOMMENDATION It is recommended that Members resolve to grant planning permission as a ‘minor departure’ to the provisions of the development plan subject to: i) The standard time limit condition and reason; ii) The conditions and reasons set out in the report; iii) The Head of Planning being authorised to issue the decision notice following the expiry of the publicity period on the 24th November 2004, provided that no further representations raising material issues have been received in the interim, and on the understanding that if such representations were to be received the matter would be remitted to the Area Committee for further consideration. (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS This is an application for 18 housing association dwellings on two linked sites, in a low density format including significant areas of open space, within the settlement of Ardminish. The proposal, along with an associated programme of the development of individual plots in the countryside, forms part of the Gigha Heritage Trust’s response to the shortage of housing on the accommodation on the island, arising from previous landowners’ historic failure to release sites for development. The need to redress this shortfall has been recognised by Communities Scotland’s support for the proposal, and by the identification of land for development in the Council’s emergent local plan. There is also widespread community support on the island for a development on this scale to meet identified housing needs. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001884\AI00019935\PLANNINGPERMISSION0401466GIGHA0.DOC The Kintyre Local Plan supports the development of small scale infill and rounding-off development in minor settlements, including Ardminish. This allows, in the normal course of events, for incremental development opportunities to be fulfilled in the smaller settlements, in the expectation that more major developments will be directed to higher order settlements. However, due to the lack of housing development of any significance on Gigha for a number of decades, it is necessary to redress the shortfall in supply by a single development which exceeds ‘small scale’. It is appropriate that this scale of development should take place in Ardminish, as there is no higher order settlement on the island to which such development could be directed. Such development would represent a ‘minor departure’ to the provisions of the adopted local plan, which is in any event, now substantially out of date. There are no objections to the proposal in principle from consultees. The application is supported by the Gigha Heritage Trust and by 45 letters from 23 households on the island. There are 3 letters of objection to the proposal. Angus J Gilmour Head of Planning 28th October 2004 Author: Peter Bain – 01546 604082 Contact officer: Richard Kerr – 01546 604080 F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001884\AI00019935\PLANNINGPERMISSION0401466GIGHA0.DOC CONDITIONS AND REASONS RELATIVE TO APPLICATION 04/01466/DET Conditions: 2. Prior to the commencement of works on site, the accesses hereby permitted onto the public road shall be formed in accordance with the details specified on the approved plans to the satisfaction of the Planning Authority, or as otherwise agreed in writing with the Planning Authority. 3. Prior to the commencement of works on site, visibility splays measuring 120 metres by 2.5 metres measured from the centre line of the proposed accesses shall be cleared and thereafter maintained clear of all obstructions over one metre in height measured from the nearside metal portion of the adjacent road. 4. All access roads and pavements leading from the public road and serving the site shall be constructed to base course standard prior to the occupation of any individual dwelling served by that means of access; and the final wearing surface shall be applied concurrently with the completion of any independent access serving a group of dwellings or a phase of the development, and in any event, prior to the occupation of the final dwelling to be completed on the site. 5. Notwithstanding the details shown on the approved plans, the section of road within the ‘South Site’ between the public road and the public service vehicle turning area shall be constructed to an adoptable standard in consultation with the Council’s Area Roads Manager to the satisfaction of the Planning Authority. The minimum road width of the adopted section shall be 3.5 metres widened locally to 5.5 metres by means of a passing place. 6. Notwithstanding the details shown on the approved plans, prior to the occupation of the final dwelling to be completed on the site, a footway shall be constructed, in consultation with the Council’s Area Roads Manager, along the eastern boundary of the application site adjacent to the public highway in accordance with details to be submitted to and approved by the Council as Planning Authority. 7. The parking and turning provision, associated with each individual dwellinghouse/group of dwellinghouses, shall be constructed and made available for use in accordance with the details specified on the approved plans prior to the occupation of each dwellinghouse. 8. Prior to the commencement of development, details of the finished floor level for each dwellinghouse, relative to an identifiable fixed datum located outwith the application site, shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details. 9. Within three months of the commencement of development, a scheme of hard and soft landscaping works shall be submitted for approval by the Council as Planning Authority. Details of the scheme shall include: (i) Existing and finished ground levels in relation to an identified fixed datum; (ii) Existing landscaping features and vegetation to be retained; (iii) Location and design, including materials, of walls, fences and gates; (iv) Soft and hard landscaping works, including location, type and size of each individual tree and/or shrub; (v) Surface treatment of means of access and hardstanding areas; (vi) Programme for completion and subsequent on-going maintenance. All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting seasons following the substantial completion of the development, unless otherwise agreed in writing with the Planning Authority. Any trees or plants which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001884\AI00019935\PLANNINGPERMISSION0401466GIGHA0.DOC 10 Prior to the commencement of development, samples or full details of the roof covering to be applied throughout the development shall be submitted to and approved in writing by the Planning Authority. Such details shall show the roof covering to be of a natural slate or a good quality slate substitute tile coloured dark blue/grey. 11 Notwithstanding the details shown in the approved plans, the south, east and north facing elevations of the eastern most property within the south site (2 bedroom drawing ref. B-14, adjacent to the access onto the public road) shall be finished in a white render to the satisfaction of the Planning Authority. 12 Notwithstanding the provisions of Article 3 and Class 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no additional window or other openings shall be installed within the buildings as approved without the prior written consent of the Planning Authority. 13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order(s) 1992, (or any Order revoking and re-enacting that Order(s) with or without modifications), nothing in Article 3 of or Schedule 1 to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 2 and Class 9 of the of the aforementioned Schedule 1, as summarised below: PART 2: MINOR OPERATIONS Class 9: Stone cleaning and exterior painting of any building work. No such development shall be carried out at any time within these Parts and Classes without the prior written approval of the Planning Authority. 14 Prior to the commencement of development a scheme for the provision of a play area as detailed on drawing ref. L-06(A) shall be submitted to and approved in writing by the 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), BS EN 1176 (Play Equipment) and BS EN 1177 (Impact Absorbing Playground Surfacing – safety requirements and test methods), together with: a. full details and location of the proposed play equipment; b.