DEVELOPMENT SERVICES Ward Number - 01 South Kintyre PLANNING APPLICATION REPORT Date of Validity - 23 rd June 2008 MID ARGYLL, KINTYRE AND THE ISLANDS Committee Date- 3rd September 2008 __________________________________________________________________________ Reference Number: 08/01148/DET Applicants Name: Mr & Mrs Jonathan Bruce Application Type: Detailed Application Description: Erection of dwellinghouse and installation of septic tank Location: Land adjacent to ‘Elyston’, Campbeltown __________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of dwellinghouse • Modification of existing access • Installation of single septic tank (ii) Other specified operations. • Connection to public water supply __________________________________________________________________________ (B) RECOMMENDATION It is recommended that the application be refused for the reason attached. __________________________________________________________________________ (C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS (i) Development Plan Context: The application site is located within a proposed ‘Rural Opportunity Area’ within the emerging ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006 in which Policy HOU 1 would normally offer a general presumption in favour of small scale housing development which accords with the prevailing landscape character and settlement pattern. This emerging policy gives effect to Policy STRAT DC 4of the adopted ‘Argyll and Bute Structure Plan’, which seeks to give encouragement to small scale developments on suitable sites which, in terms of siting and design will visually integrate with the landscape and settlement pattern; this may include small scale housing development within the open countryside. The adopted ‘Kintyre Local Plan’ (1 st Review and Alteration) 1988 also gives a presumption in favour of single or small scale residential development in the countryside (Policy STRAT 4) subject to examination in terms of infrastructure and servicing implications. Although the proposed development is considered acceptable in terms of its siting and design and although it accords with the existing settlement pattern and is sympathetic to the landscape character of the area, the Area Roads Manager has highlighted a problem with the existing private driveway serving ‘Elyston’ (and proposed to serve the new dwelling) in that the existing access visibility onto the public road is constrained to the south west, and the land required to improve and maintain the existing visibility splay is outwith the applicant’s control. Policy TRAN 4 of the ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006, states that the Local Planning Authority may consider a proposal unacceptable where an existing access is, “ of such a poor standard as to be unsuitable for additional vehicular traffic ”, unless the applicant can either secure the ownership of land to allow for improvements to bring the access up to an acceptable standard, or demonstrate that an appropriate agreement (Section 75 Agreement) has been concluded with the existing owner of the affected land to allow for the necessary improvements. In this case, the land required for access improvements, consisting of the provision of an appropriate visibility splay to the south west, is not in the applicants’ control. The applicant has not demonstrated that they are in a position to secure a legal agreement with third parties to bring about access improvements consistent with the requirements of Policy TRAN 4. The proposal, therefore, fails to meet the requirements of development plan policy on access and road safety grounds. (ii) Representations: None. (iii) Consideration of the Need for Non-Statutory or PAN 41 Hearing: Not required. (iv) Reasoned Justification for a Departure to the Provisions of the Development Plan. Not applicable. (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. (viii) Has a sustainability Checklist Been Submitted: Not appropriate for this scale of development. Angus J Gilmour Head of Planning 18th August 2008 Author: Tim Williams (01546 604084) Date: 14 th August 2008 Reviewing Officer: Richard Kerr (01546 604080) Date: 15 th August 2008 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 REASON FOR REFUSAL RELATIVE TO APPLICATION: 08/01148/DET 1. The visibility from the proposed access point is constrained to the south west and the required visibility splay to meet the Council’s current standards of 70 metres measured from a point 2 metres back from the edge of the public road cannot be achieved in this direction. Furthermore, a large proportion of the land bisected by the required visibility splay to the south west of the proposed access is outwith the ownership or control of the Applicant, and it has not been demonstrated that the Applicant is able to secure the control of this land or any legal agreement to secure its management and future maintenance. It is therefore considered that the required visibility splay cannot be achieved and maintained in perpetuity. The constrained visibility from the proposed access point is considered contrary to the interests of highway safety and conflicts with Policies ENV 1 and TRAN 4 of the ‘Argyll and Bute Local Plan’ (Modified Finalised Draft), June 2006. APPENDIX A – RELATIVE TO APPLICATION NUMBER: 08/01148/DET MATERIAL CONSIDERATIONS AND ADVICE (i) POLICY OVERVIEW AND MATERIAL ADVICE ‘Argyll and Bute Structure Plan’ 2002 STRAT DC 4 – Supports the principle of up to ‘small scale’ developments on suitable sites within ‘rural opportunity areas’, subject to compliance with other relevant policies in the Development Plan. STRAT DC 8 – Seeks to resist development which will have a significant adverse impact upon the wider landscape setting. ‘Kintyre Local Plan’ 1984 and (1 st review) 1989 STRAT 4 - Gives a presumption in favour of single or small scale residential development in the Kintyre countryside. STRAT 4A – Sets out the criteria against which proposals for development in the Kintyre countryside will be assessed. PU 2 - Sets out the Council’s policy requirements with regard to private sewage treatment plants and wastewater systems. ‘Argyll and Bute Local Plan’ (Finalised Modified Finalised Draft) 2006 LP ENV 1 – Sets out the criteria against which all applications for planning permission will be assessed. LP HOU 1 – Sets out the criteria for the assessment of applications for development within the various development control zones and, in respect of proposed development within rural opportunity areas, offers a general presumption in favour of small scale housing development which accords with the prevailing landscape character and settlement pattern. LP TRAN 4 – Sets out the Council’s policy requirements with regard to development utilising new and existing, public roads and private access regimes. LP SERV 1 – Sets out the Council’s policy requirements with regard to private sewage treatment plants and wastewater systems. 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 The existing dwellinghouse, ‘Elyston’, and its access to and from the public road results from an outline planning permission, 99/00641/OUT, granted on 20 th August 1999 and a subsequent approval of reserved matters, 00/00309/REM, approved on 7 th April 2000. There is no other relevant planning history available for this site. (iii) CONSULTATIONS • Area Roads Manager (25.07.08) – Recommends refusal on the grounds that the visibility from the existing access (proposed to serve the new development the subject of this application) is constrained to the south west and that the land required to secure an acceptable visibility splay and to maintain that splay in perpetuity is outwith the control of the Applicant. The required improvements, although technically possible, cannot, therefore, be secured by condition. The Applicants have not demonstrated that they are able to enter into a Section 75 Agreement to secure provision of the off-site visibility improvements. • Scottish Water (02.07.08) – No objection subject to note to Applicant regarding potential future capacity issues. • Highlands and Islands Airports (01.07.08) – No objection. • National Air Traffic Services (09.07.08) – No objection. (iv) PUBLICITY AND REPRESENTATIONS Article 9 (Vacant Land) Advertisement. Expiry Date: 18th July 2008. No representations received. APPENDIX B – RELATIVE TO APPLICATION NUMBER: 08/01148/DET PLANNING LAND USE AND POLICY ASSESSMENT A. Settlement Strategy The application site is located within a larger ‘rural opportunity area’ identified in the emerging ‘Argyll and Bute Local Plan’ (Modified Finalised