Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid Customer Services Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 13 December 2013 SUPPLEMENTARY PACK 1 PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE - COUNCIL CHAMBERS, KILMORY, LOCHGILPHEAD on WEDNESDAY, 18 DECEMBER 2013 at 10:30 AM I enclose herewith items 6 and 13 which were marked “to follow” on the Agenda for the above meeting along with a supplementary report for item 8. ITEMS TO FOLLOW AND SUPPLEMENTARY REPORT 6. MR JAMES PAUL DALY AND ANDREENA DALY: ERECTION OF DWELLINGHOUSE, FORMATION OF CAR PARKING AND SITING OF STEEL CONTAINER UNIT (PARTIALLY RETROSPECTIVE): 3 KYLE VIEW, KILCREGGAN, HELENSBURGH (REF: 13/02045/PP) Report by Head of Planning and Regulatory Services (Pages 1 - 26) 8. MR SEUMAS MACARTHUR: ERECTION OF FLAG POLE (RETROSPECTIVE): FORESHORE, OPPOSITE 7 SHORE STREET, PORTNAHAVEN, ISLE OF ISLAY (REF: 13/02075/PP) Report by Head of Planning and Regulatory Services (Pages 27 - 28) 13. 13/02270/S36: CONSULTATION FROM MARINE SCOTLAND RELATIVE TO PROPOSED WEST ISLAY TIDAL ENERGY PARK Report by Head of Planning and Regulatory Services (Pages 29 - 48) PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE Councillor David Kinniburgh (Chair) Councillor Gordon Blair Councillor Rory Colville Councillor Robin Currie Councillor Mary-Jean Devon Councillor George Freeman Councillor Alistair MacDougall Councillor Robert Graham MacIntyre Councillor Donald MacMillan Councillor Roderick McCuish Councillor Alex McNaughton Councillor James McQueen Councillor Sandy Taylor Councillor Richard Trail Contact: Fiona McCallum Tel. No. 01546 604392 This page is intentionally left blank Page 1 Agenda Item 6 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 : 13/02045/PP Planning Hierarchy : Local application. Applicant : Mr James Paul Daly and Andreena Daly Proposal : Erection of dwellinghouse, formation of car parking and siting of a steel container unit (partially retrospective) . Site Address : 3 Kyle View, Kilcreggan, Helensburgh ___________________________________________________________________________ DECISION ROUTE (i) Local Government (Scotland) Act 1973 ______________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Construction of a dwellinghouse (Differs from consent 04/02229/DET by ~2m platform height and ~1m position as well as design alterations) • Re-grading of land; • Formation of driveway and parking; • Erection of raised timber deck and external stair; • Siting of steel storage container. (ii) Other specified operations • Formation of access and installation of main services outwith this application site pursuant to 05/02413/DET. ________________________________________________________________________ (B) RECOMMENDATION: It is recommended that retrospective Planning Permission be granted i) as a ‘minor departure’ to policies LP ENV 19, LP HOU 3, LP TRAN 3, LP TRAN 4 and Appendix A of the ‘Argyll & Bute Local Plan’ (2009), and ii) subject to the conditions and reasons listed in the report. ___________________________________________________________________________ Page 2 (C) HISTORY: C4335 Erection of 42 Dwellinghouses (outline) granted 29 August 1974. An amended plot layout was approved on 2 October 1975 C4410 Erection of 6 dwellinghouses approved 24 October 1973 C5880/3 Erection of 5 dwellinghouses approved 24 June 1979 C7591 Erection of Residential development (outline) approved 3 February 1986 00/00240/DET – Full planning permission for development of 4 houses, Plots 1 - 4. Applicant HQ Developments. Granted 2/05/2000 03/02423/DET – Full planning permission for erection of dwelling, Plot 4. Applicant Professor A Watson. Granted 10.11.06. Now expired. 04/ 02229/DET – Full planning permission for erection of dwelling. Plot 3 Applicant Mr James Daly Granted 8.06.06. Now expired. 05/02413/DET – Construction of an adoptable estate road. Greenfinch Homes (Kilcreggan) Ltd. Granted 28.04.06. Implemented but superseded by 06/02478/DET. 06/02478/DET- Erection of 10 No dwellinghouses with associated roads. Granted 05.06.07. Now expired. 07/02291/DET – Erection of 8 No dwellinghouses (substitution of housetypes) with associated roads. Granted 07.04.08. Live. 08/01293/DET - Erection of 8 No Dwelling Houses (substitution of house types) with associated roads. Withdrawn 01.09.08 12/00170/PP - Erection of dwelling house, formation of a vehicular access and car parking, installation of private drainage and siting of a steel container unit (retrospective). Withdrawn 17.09.12 12/02761/PP - Erection of dwellinghouse, formation of car parking and siting of a steel container unit (retrospective). Withdrawn 18.04.13 _________________________________________________________________________ (D) CONSULTATIONS: Area Roads Manager (e-mail dated 22.10.13 and response dated 25.10.13) – No objections subject to conditions. The Roads Manager recommends that the development be subject to planning conditions to ensure acceptable tie-in with planned adjacent development. The present access is considered as a temporary arrangement which shall be reconstructed such that it ties in to the approved estate service road. The tie in should be compatible in both line and level with the approved road. All work to the final access arrangement will be contained within the designated plot 3. Should there be a need to revert to retaining structures adjacent to the access to plots 1 & 2, then the retaining structure will be constructed to an approved design, certified Page 3 by a qualified engineer. The design will not compromise in any way the access to plots 1 & 2. Provision will be made for the parking of three cars entirely within the curtilage of plot 3 that will not in any way encroach on the proposed public Road and its footways or verges. The area will have a sealed surface acceptable to the Argyll & Bute Council Roads Department. All of the above works will be completed satisfactorily prior to the laying of the final surface courses of the footways and Road carriageway. Arrangements must be put in place to alter the access as works progress in the construction of the proposed road such that access is maintained at all times. All drainage pipes and connections will have satisfactory cover and will be laid in accordance with industry standards. Disconnection manholes will be within the plot boundaries. All main line manholes will be constructed close to the centreline of the proposed Road. No surface water will be permitted to discharge from the access or parking area onto the proposed Road. Access from the Proposed Road will be via dropped kerb footway or verge crossing generally complying with the Council’s Standard Detail SD 08/005A . Scottish Water – No response. Environmental Health – No response SEPA (response dated 17.09.13) - No objections providing development is served by public drainage system. Building Standards (response dated 26.09.13) - The Building Standards Team was asked to comment upon the objections that focus on possible requirement for retaining walls between Plots 2, 3 and 4. The Area Team Leader advises that the application property has a habitation certificate and complies with the Building Regulations but states that any requirement for retaining walls will depend upon detailed design considerations, the local characteristics of the rock and the design engineer’s recommendations. As he is not an engineer this is a matter for the developer and site designers to consider and he has declined to offer an opinion at this point. ___________________________________________________________________________ (E) PUBLICITY: Regulation 20(1) advertisement was placed in the Helensburgh Advertiser on 19.09.13. Expiry 10.10.13 ___________________________________________________________________________ (F) REPRESENTATIONS: Four letters of representation have been received in relation to this application, two in support and two opposed to the development. Mr A Watts, 4 Courthill Rosneath. 17.09.13 (Objection) Mr and Mrs N Dunn, Braeview, Barbour Road, Kilkreggan 20.09.13 (Objection) Page 4 Mr J Kane, 7 Meikle Aiden Brae, Kilcreggan 7.10.13 (Support) Mr M Guthrie, 9 Meikle Aiden Brae, Kilcreggan 24.9.13 (Support) Mr Andrew Watts, 4 Courthill, Rosneath (objector) Mr Watts is the new owner and prospective developer of the adjacent development plots 2 and 4-10. His objections along with his business partner Mr Carl Norman have been submitted via various emails and correspondence in response to the previous withdrawn applications with the latest correspondence received reaffirming the earlier objections on the same main grounds. Council Officers have also met with Mr Watts on two occasions to discuss his objections to the application and the underlying enforcement complaint. Mr Watt’s previous comments and submissions including topographical survey level data and diagrams have been carried over to the current application. The objections are summarised below: The construction of the new house on Plot 3 is not built as previously