Argyll and Bute Council Development & 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 : 13/01822/PP Planning Hierarchy : Local Applicant : The Church of Scotland General Trustees Proposal : Erection of residential development comprising 10 dwellinghouses (6 affordable), installation of treatment plant and associated accesses. Site Address : Land South West of Ardfern House, Ardfern DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of 10 dwelling houses including 6 affordable units • Formation of access points • Formation of public footpath • Installation of private foul water treatment plant (ii) Other specified operations • Connection to Scottish Water supply network • Planting and landscaping (B) RECOMMENDATION: Recommend that planning permission be granted i) as a ‘minor departure’ to the provisions of the Development Plan and the non- statutory supplementary planning guidance provided within the Craignish Community Plan; ii) subject to the conditions and reasons listed in the report; iii) and subject to a pre-determination hearing being held in recognition of the substantial third party representation received. (C) CONSULTATIONS: ABC Public Protection (02.09.13) – No objections. Scottish Water (02.09.13) – No objections subject to note to applicant. ABC Roads (05.09.13) – No objections subject to conditions. Craignish Community Council (14.09.13) – Object to the application on the grounds that the proposal is contrary to both the adopted Development Plan and the Craignish Community Plan. • It is noted that the Community Council voted by a majority of 6 to 1 to object to the current application. • The Community Council also states its unanimous support for an alternative proposal for the Glebe which has been put forward by the Craignish Community Company. SEPA (16.09.13) – No objections. SNH – No response received to date in respect of the amended application. (D) HISTORY: The current proposal is an amendment proposal to the previous submission (ref. 12/02766/PP) which was withdrawn by the applicant prior to its formal determination. The previous application has however been subject to discussion in public at the May 2013 PPSL meeting and a discretionary public hearing on 17 th June 2013 at which Members moved that the application be continued to afford the applicant an opportunity to review the detail of their proposals. (E) PUBLICITY: The proposal has been advertised having regard to the provisions of Reg. 20 for the purposes of neighbour notification and as development potentially affecting the setting of a listed building. Publicity period expired 27.09.13. (F) REPRESENTATIONS: (i) Representations received from: There have been 188 representations of which 126 are in support and 62 are objections – these are listed in Appendix B attached to this report. (ii) Summary of issues raised: Support: • A proportion of letters of support come from individuals and families (and their relatives/friends) advising of their urgent requirement and/or longer term desire for affordable housing provision locally and the consequences of previous failure to deliver this provision within Craignish, including families who have been forced to reside in substandard residential accommodation and/or relocate outwith the Criagnish area to access affordable housing. • It is contended that the new development will be assimilated into the existing landscape setting very quickly in a similar manner to that which other recent developments in the area have come to be accepted. • It is contended that it is important for the viability and vitality of the community that a good range of housing stock is available. • It is contended that the amended design and layout details within the current application satisfactorily address the concerns previously expressed by Officers and Members at the public hearing (in consideration of the previous application ref. 12/02766/PP) in relation to the massing and appearance of buildings and the provision of sufficient open space. • That whilst it would have been preferable that the current application sought consent solely for affordable housing development it is contended that the proposed mix of private and social housing should be viewed favourably as a necessary compromise given the urgent requirement for affordable housing provision at this time. • It is stated that there has been no affordable housing provision within Craignish for some fifty years and that the current development is long overdue. • That it is unthinkable that Craignish should pass up the current opportunity to deliver a fully funded affordable housing development particularly given that no guarantee can be provided if or when affordable housing development will materialise within the Housing Allocation (or elsewhere) in Ardfern. • It is contended that the circumstances of the proposal merit approval of the current application as a departure to the provisions of both the Argyll and Bute Local Plan and the Craignish Community Plan. Whilst the value of these policy documents are acknowledged it is argued that circumstances have changed since the site was originally designated for 100% affordable housing – a grant of planning approval would ensure that these aims are partially met whilst a decision to refuse planning permission is likely to result in the ambition to provide affordable housing at this location remaining unfulfilled. • That funds raised from sale of private house plots and land to Fyne Homes is to be ring-fenced and will be retained with the interest providing continuing support for Ministry in the Parish. • It is suggested that an alternative proposal for development of the Glebe which has been put forward by the Craignish Community Company (C3) is premature with no security in relation to either the purchase of the land or any formal plans to be presented. The current application is on the otherhand fully funded, detailed proposal which is ready to proceed to implementation in the event that planning permission were to be granted. Objection: Craignish Community Company (C3) Alternative Proposals: • Craignish Community Company (C3) have objected to the current application on the basis that it is contrary to both the Local Plan and the Craignish Community Plan which both stipulate that development of the Glebe should be for affordable housing only. • C3 acknowledge the need for the provision of affordable housing and contend that they are in a position to deliver an alternative proposal which would solely provide affordable housing on the Glebe. This proposal has been presented to the Craignish Community Council and met with overwhelming support by those present; C3’s proposal has also been endorsed in some individual third party representations. • C3 advise that they are an approved Rural Housing Body and were advised in June 2013 of funding available from the Scottish Land Fund (SLF) for purchase of land. The SLF will fund up to 95% of the acquisition costs of land or property (up to £750,000 provided that the purchase is intended for community benefit) plus a further £50,000 over 2 years to provide for project development. • C3 assisted by a local SLF advisor have been working on an alternative proposal for the development of the Glebe which would provide a sympathetic low density development of affordable housing with an allocation policy controlled by the local community. The proposal would also create local jobs in the development and delivery of the project. • C3 would intend to offer to buy the Lower Glebe from the General Trustees of the Church of Scotland at its open market value (subject to C3 raising the requisite amount of money through the SLF). • C3 will submit an application to the SLF for the project development funding in order to employ a project manager, to cover professional fees, planning application and building warrant. • C3 will submit applications to the Big Lottery (Growing Community Assets), private trusts and foundations, and individuals for the requisite funds to build up to 5 houses initially. The remainder of the land will be ‘banked’ for future community use – open space, more social housing, sheltered housing etc. • A new Craignish Housing Association would be formed to build and manage the project. • Subject to securing approval of the Community, agreement to acquire the site and funding, it would be C3s intention to submit a planning application in October 2014 with an anticipated commencement of works in April 2015. Comment: The alternative proposals put forward by the Craignish Community Company have obvious merit as a development which would appear, in principle at least, to be consistent with the provisions of the Argyll and Bute Local Plan and the Craignish Community Plan which seek only to deliver affordable housing within PDA 12/80. The proposals are subject to support from the Craignish Community Council and elements of the wider public and could perhaps, afforded due time, give rise to a viable affordable housing development. The current planning application by the Church of Scotland requires to be assessed on its own merits, with due regard to the provisions of the Development Plan and any other relevant material planning considerations;