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 : 10/01169/PPP Planning Hierarchy : Local Applicant : Mr Jonathon Hooper Proposal : Site for the erection of a dwellinghouse Site Address : Low Ugadale Cottage, Peninver, Campbeltown DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Site for the erection of a dwellinghouse (no details of siting, design or finishes submitted for approval); • Installation of septic tank/biodisc (no details submitted for approval); • Formation of new vehicular access to the public highway (no details submitted for approval). (ii) Other specified operations • Connection to existing private water supply. • Closure of existing vehicular access to Ugadale Cottage/Veterinary Surgery (B) RECOMMENDATION: Recommend that planning permission in principle be granted subject to the conditions and reasons attached as a ‘minor departure’ to the Development Plan. (C) CONSULTATIONS: Area Roads Manager (24.08.10) – No objections subject to conditions relating to access geometry, visibility and parking. Notes that the proposal will result in a significant road safety improvement as the existing access to Ugadale Cottage has sub-standard visibility to the north. Area Environmental Health Manager (12.08.10) – No objections subject to conditions relating to private water/foul drainage. (D) HISTORY: 08/00558/OUT – outline application for a site for the erection of a dwellinghouse on the opposite side of the public highway from the current application site – this proposal was refused as inappropriate development within the ‘sensitive countryside’ contrary to the provisions of policies STRAT DC 5 and LP HOU 1. (E) PUBLICITY: Reg. 20 – expired 3 rd September 2010 (F) REPRESENTATIONS: (i) Representations received from: 91 letters in support of the proposal have been received to date. Names and addresses are listed in Appendix B (ii) Summary of issues raised: • Stresses the applicant’s positive personal qualities and professional value to the area as a veterinary surgeon; • Questions the relevance of the North & South Kintyre Landscape Study; • Sets out that Argyll and Bute Council as the Planning Authority have stymied the rural communities of Kintyre with inappropriate and retrograde decision-making. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Statement: No (ii) An appropriate assessment under the No Conservation (Natural Habitats) Regulations 1994: (iii) A design or design/access statement: No (iv) A report on the impact of the proposed No development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: No (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 4 – Development in Rural Opportunity Areas STRAT DC 8 – Landscape and Development Control ‘Argyll and Bute Local Plan’ 2009 LP ENV 1 – Impact on the General Environment LP ENV 10 – Impact on Areas of Panoramic Quality (APQs) LP ENV 19 – Development Setting, Layout and Design LP HOU 1 – General Housing Development LP SERV 1 – Private Sewage Treatment Plants and Wastewater Systems LP SERV 4 – Water Supply LP TRAN 4 – New and Existing Public Roads and Private Access Regimes LP TRAN 6 – Vehicle Parking Provision P/DCZ 4 – Rural Opportunity Areas – Areas and Boundaries Appendix A – Sustainable Siting and Design Principles (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. • North and South Kintyre Landscape Capacity Study (2010) • Third Party Representation (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No (L) Has the application been the subject of statutory pre-application consultation (PAC): No (M) Has a sustainability check list been submitted: No (N) Does the Council have an interest in the site: No (O) Requirement for a hearing (PAN41 or other): A significant amount of representation has been received – it is however noted that correspondence to date is unanimous in its support of the proposal – a hearing would only be required in the event that Member’s disagree with the recommendation and are minded to refuse planning permission. (P) Summary of determining issues and material considerations The proposal seeks planning permission in principle for a site for the erection of a dwellinghouse; the application site is located within Rural Opportunity Area and an Area of Panoramic Quality wherein the provisions of policies STRAT DC 4, LP HOU 1 and LP P/DCZ 4 require decisions to be undertaken in accordance with the recommendations of the ‘North and South Kintyre Landscape Capacity Study’ recently approved by the Council. In addition, the provisions of STRAT DC 8 and LP ENV 10 would seek to resist development which is considered to have a significant adverse impact upon the character of the landscape. Whilst the proposal is located within an ‘ area not recommended for development’ within the ‘North and South Kintyre Landscape Capacity Study’ it is considered that because the application site shares identical landscape characteristics and is located sufficiently close to an ‘area with potential for development’ and, is consistent with the other requirements for new development in this locality, the proposed dwellinghouse would not result in a significant alteration or adverse impact upon the landscape character, and may consequently be viewed favourably as a ‘minor departure’ to the relevant provisions of policies STRAT DC 4, LP HOU 1, P/DCZ 4 and the recommendations maps contained within the ‘North and South Kintyre Landscape Capacity Study’. The proposal does not give rise to concern with regard to access or infrastructure. 91 third party representations declaring support for the proposal have been received. (Q) Is the proposal consistent with the Development Plan: No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: It is considered that the development of a modest dwellinghouse at the proposed location will, notwithstanding the spatial representation of landscape capacity to accommodate additional development as set out in the ‘North and South Kintyre Landscape Capacity Study’, not result in any significant alteration or adverse impact upon the key landscape qualities of the Area of Panoramic Quality within which it is located, and as such, is considered acceptable notwithstanding the relevant provisions of policies STRAT DC 4, LP HOU 1 and LP P/DCZ 4 which would ordinarily seek to resist development located of open countryside sites within ‘areas not recommended for development’ in the Landscape Capacity Study. (S) Reasoned justification for a departure to the provisions of the Development Plan Whilst the proposal is located within an ‘area not recommended for development’ within the North and South Kintyre Landscape Capacity Study it is considered that because the application site shares identical landscape characteristics and is located sufficiently close to an ‘area with potential for development’ and, is consistent with the other requirements for new development in this locality the proposed dwellinghouse would not result in a significant alteration or adverse impact upon the landscape character and may consequently be viewed favourably as a ‘minor departure’ to the relevant provisions of policies STRAT DC 4, LP HOU 1, P/DCZ 4 and the recommendations maps contained within the ‘North and South Kintyre Landscape Capacity Study’. The proposal does not give rise to concern with regard to access or infrastructure. (T) Need for notification to Scottish Ministers or Historic Scotland: No Author of Report: Peter Bain Date: 22 nd December 2010 Reviewing Officer: Richard Kerr Date: 24 th December 2010 Angus Gilmour Head of Planning & Regulatory Services CONDITIONS AND REASONS RELATIVE TO APPLICATION 10/01169/PP 1. That the permission is granted in terms of Section 59 of the undernoted Act and Regulation 10 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 on the basis of an application (or applications) for planning permission in principle that further approval of Argyll and Bute Council or of Scottish Minister on appeal shall be required, such application must be made before whichever is the later of the following:- a) the expiration of a period of 3 years from the date of this permission. b) the expiration of a period of 6 months from the date on which an earlier application for the requisite approval was refused. c) the expiration of a period of 6 months from the date on which an appeal against such refusal is dismissed. And in the case of b and c above only one such application can be made after the expiration of the period of 3 years from