DEVELOPMENT SERVICES Ward Number - 6 Cowal PLANNING APPLICATION REPORT Date of Validity - 5th November 2007 Bute and Cowal Area Committee Committee Date - 1st April 2008 _____________________________________________________________________ Reference Number: 07/01836/DET Applicants Name: Mr S McRoberts Application Type: Detailed Application Description: Demolition of dog grooming parlour (following temporary occupation for 3 years), erection of 3 dwellinghouses, formation of vehicular access, installation of septic tank and ground engineering works. Location: Land to north of Dalinlongart Cottage, Sandbank, Dunoon _____________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of 3 one-and-a-half-storey dwellinghouses with detached garages; • Formation of single shared vehicular access with individual driveways; • Landscaping, tree planting and boundary treatments within plots and communal open space areas; • Installation of communal septic tank system; • Land raising of application site by approximately 1.0 metre; • Continued use of former dog grooming parlour as residential accommodation (for a temporary period of three years. (ii) Other specified operations. • Demolition of dog-grooming parlour; • Connection to public water supply; _____________________________________________________________________ (B) RECOMMENDATION It is recommended that planning permission be Refused for the reasons set out overleaf. _____________________________________________________________________ (C) SUMMARY OF DETERMINING ISSUES AND MATERIAL CONSIDERATIONS (i) Development Plan Context: In the adopted Cowal Local Plan 1993, the application site is located outwith the settlement of Sandbank, within an area of countryside covered specifically by policies RUR1 and TOUR6. In the Argyll and Bute Modified Finalised Draft Local Plan (June 2006) the application site is located within an area zoned Countryside Around Settlement. The proposal is considered contrary to the Cowal Local Plan in respect of the erection of three dwellinghouses in an open countryside location that would have an adverse visual impact with no locational or operational justification. The proposal is contrary to both the Argyll and Bute Structure Plan and Argyll and Bute Modified Finalised Draft Local Plan since the three dwellinghouses proposed cannot be regarded as appropriate infill, rounding-off or redevelopment in an area of Countryside Around Settlement. (ii) Representations: No letters of representation have been received. (iii) Consideration of the Need for Discretionary or PAN 41 Hearing: Although the proposal represents a departure from the Development Plan, as no letters of objection have been received, the department would not recommend a Hearing. (iv) Reasoned Justification for a Departure from 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. No, the application is recommended for refusal. (viii) Has a sustainability Checklist Been Submitted: No Angus J Gilmour Head of Planning 25 March 2008 Author: Brian Close Date: 7th March 2008 Reviewing Officer: David Eaglesham Date: 19 th March 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 REASONS FOR REFUSAL RELATIVE TO APPLICATION 07/01836/DET 1. Having regard to the location of the application site on undeveloped land outwith the established settlement of Sandbank within an area zoned Countryside Around Settlement (CAS), the siting of three proposed dwellinghouses to extend the linear pattern of existing established dwellings would not complement but be at variance with the existing settlement character. The siting of three dwellinghouses in such a location would result in a development that would be out of context within the immediate surroundings and visually detrimental within Countryside Around Settlement where it is regarded as unacceptable ribbon development and visually dominant in respect of existing dwellings and within the Central and East Cowal Local Scenic Area. Development within the CAS in this instance would be inconsistent with the settlement plan that comprises a small isolated cluster of three dwellinghouses south of the Little River Eachaig. The proposed development could not be regarded as infill, rounding-off or redevelopment since it is not subordinate to the existing buildings and there is no substantial natural feature which could be described as terminating the development. The development would also result in an unacceptable ribbon development which would not only be at variance with the existing settlement character but establish a dangerous precedent for land within this CAS zone on either side of the A815. The redevelopment of the former dog grooming parlour building occupying a small portion of the site would not constitute redevelopment of the overall application site Additionally, the proposed development involves an element of land raising in order to avoid potential areas of flooding and create a suitable freeboard for the proposed dwellinghouses that would result in poor and unacceptable siting in this particular location. Land raising is not normally encouraged and in this instance would result in an unnatural landform with the proposed development built on an artificial mound that would be incapable of integrating with its rural surroundings. Accordingly, such a development with its particular siting, layout and scale and unacceptable intensification of the existing small cluster of dwellings would be contrary to the principles of sustainable development and of protecting and enhancing the quality of the environment and established settlement pattern within the Countryside Around Settlement. The proposal would therefore be contrary to SPP 3 Planning for Housing; SPP 15 Planning for Rural Development; Policies STRAT SI 1 ‘Sustainable Development’, STRAT DC2 ‘Development Within The Countryside Around Settlements’ and STRAT HO 1 ‘Housing– ‘Development Control Policy’ of the Argyll and Bute Structure Plan 2002; Policies RUR 1 ‘Landscape Quality’, HO 5 ‘Private Housing Estate Development’ and BE 9 of the Cowal Local Plan 1993; and Policies LP ENV19 ‘Development Setting, Layout and Design’ and LP HOU 1 ‘General Housing Development’ of the Argyll and Bute Modified Finalised Draft Local Plan, all of which presume against the nature of the development proposed. 2. The applicant has failed to demonstrate that the proposed dwellinghouses could be adequately served by either the existing mains drainage system or the septic tank system proposed in respect of foul drainage disposal arrangements for the site and in respect of potential discharge to the Little Eachaig River. The lack of precise details in respect of foul drainage is considered contrary to Policy STRAT SI 1 ‘Sustainable Development’ of the Argyll and Bute Structure Plan 2002; Policy PU 1 ‘Local Pollution Problems’ of the Cowal Local Plan 1993; and Policies LP SERV 1 ‘Private Sewage Treatment Plants and Wastewater Systems’ and LP SERV 3 ‘Drainage Impact Assessment’ of the Argyll and Bute Modified Finalised Draft Local Plan June 2006, all of which presume against the nature of the development proposed. APPENDIX A – RELATIVE TO APPLICATION NUMBER: 07/01836/DET MATERIAL CONSIDERATIONS AND ADVICE (i) POLICY OVERVIEW AND MATERIAL ADVICE (a) Argyll and Bute Structure Plan 2002: The following policies are applicable: STRAT SI 1 ‘Sustainable Development’ includes policies to conserve the built environment and avoid significant adverse impacts on built heritage resources; respect the landscape character of an area and the setting and character of settlements; and avoid places where there is a significant risk of flooding. STRAT DC 2 ‘Development Within The Countryside Around Settlements’ encourages development which accords with the settlement plan for the area and includes appropriate small scale infill, rounding-off and redevelopment sites. Developments which do not accord with this policy are those which will erode the setting of settlements or result in undesirable forms of ribbon development or settlement coalesence. STRAT DC 10 – ‘Flooding and Land Erosion’ states that development which would be at significant risk of flooding from erosion, or which would increase the risk to other land and property, or occupy the functional flood plain will not be in accord with the Structure Plan. In some places where it is feasible to manage the threat, suitable mitigation or other measures may be possible. STRAT HO1 – ‘Housing – Development Control Policy’ encourages appropriate forms and scales of housing infill, rounding-off and redevelopment where it is consistent with STRAT DC1 -10. The above policies are developed further in the Argyll and Bute Local Plan (Modified Finalised Draft) 2006. (b) Cowal Local Plan 1993 (adopted 1995) The application site is located outwith the settlement boundary of Sandbank, situated