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 : 10/01931/PP Planning Hierarchy : Local Applicant : Dunlossit Estate Proposal : Erection of dwellinghouse and detached garage Site Address : Land to the South West of Laggan Bridge, Isle of Islay DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of detached dwellinghouse; • Erection of detached garage; • Installation of private foul drainage system; • Improvement of private vehicular access and connection to public road (ii) Other specified operations • Connection to public water supply; • Forest management plan (no details submitted for approval). (B) RECOMMENDATION: It is recommended that: i) The appended Area Capacity Evaluation (ACE) be adopted as a material consideration in the determination of this application and any future application within the defined area of common landscape character; and ii) Subject to the Applicant entering into an appropriate Section 75 Legal Agreement, this application for planning permission be approved subject to the conditions and reasons set out in this report. (C) CONSULTATIONS: Scottish Natural Heritage No comment Core Paths No reply received. West Of Scotland 10.12.2010 No objection. Archaeologist Service Scottish Water 09.12.2010 No objection. Environmental Health 10.12.2010 No objection. Area Roads 25.01.2011 No objection subject to conditions. Engineer (D) HISTORY: None (E) PUBLICITY: The proposal was advertised in the local press under the provisions of Reg. 20 – expiry 6 th January 2011. (F) REPRESENTATIONS: (i) Representations received from: None (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: Yes (iv) A report on the impact of the proposed Yes – Statement of development eg. Retail impact, transport locational/operational impact, noise impact, flood risk, drainage need impact etc: (All supporting documentation is available to view in its entirety via the public access section of the Council website). (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: Yes – required to tie the ownership of the development to the Applicant and to tie the occupancy of the dwelling to that of an person, or their dependents, employed by Dunlossit Estate in the capacity of a ‘River Watcher’ and who’s terms of employment include duties which seek to secure the security and monitoring of fish stocks within the Estate’s ownership of the River Laggan. Reason for Refusal if S75 not completed within 3 months: The proposal by virtue of its ‘open countryside’ location within a ‘sensitive countryside’ designation cannot be supported in the absence of sufficient means to underpin the claimed ‘locational/operational’ need having regard to the provisions of policy STRAT DC 5 of the Argyll and Bute Structure Plan 2002 and LP HOU 1 of the Argyll and Bute Local Plan 2009. (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 5 – Development in Sensitive Countryside STRAT AC 1 – Development in Support of Farms, Crofts and Estates ‘Argyll and Bute Local Plan’ 2009 LP ENV 1 – Impact on the General Environment LP ENV 7 – Impact on Tree/Woodland LP ENV 17 – Impact on Sites of Archaeological Importance 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 TRAN 4 – New and Existing Public Roads and Private Access Regimes LP TRAN 6 – Vehicle Parking Provision 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. • Area Capacity Evaluation (appended to this report and subject to Committee consideration before determining this application). (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): No (P) Assessment and summary of determining issues and material considerations The proposal seeks detailed planning permission for the erection of a detached single storey dwelling to be used as ‘river watcher’s/water bailiffs’ accommodation to facilitate the management of this part of Dunlossit Estate. The application site is located within an area of ‘Sensitive Countryside’ immediately to the south of, and largely contained by, a sharp bend in the Laggan River to the east of Laggan Bridge. Settlement strategy policy STRAT DC 5 and Local Plan policy LP HOU 1 would normally offer a presumption against new residential development in this location. In this case, however, the applicant has made a claim that the proposed development is required on an operational / locational need basis, primarily for the management and monitoring of this stretch of the river and due to a significant and growing problem with the poaching of wild salmon over the length of the river which is readily accessible from the adjacent Laggan Bridge. Development Plan policy STRAT DC 5 suggests that, in special cases, small scale residential development in the sensitive countryside may be supported where it has a locational need to be on or in the near vicinity of the proposed site, subject to it according with an Area Capacity Evaluation (ACE). In this case, it is considered that sufficient locational need has been established to outweigh the general policy presumption against such development in the sensitive countryside and a competent ACE has been carried out which demonstrates that the proposed site can support the development proposed without having any materially detrimental impact upon the key landscape characteristics of the identified ACE compartment. In addition to the above, Policy STRAT AC 1 offers a general presumption in favour of appropriate small scale residential development which would sustain the operational integrity of estate land; normally to be limited to infill, rounding-off, redevelopment and change of use opportunities but more peripheral sites possibly proving acceptable subject to appropriate environmental assessment. The scale and design of the proposed development is largely dictated by its unusual function and is considered acceptable given the specific requirements of the design brief, by the sheltered and well screened nature of the site and by a small yet significant element of design cohesion between the proposed dwelling, an existing fisherman’s lodge building on the opposite side of the river bank, and an existing private dwellinghouse, being the closest substantial building to the application site. The proposed development raises no conflict with the Development Plan in this regard, notably with policies LP ENV 1 and LP ENV 17. The proposed development raises no issues of access or servicing and would have no adverse impact upon any historically sensitive site or feature or on any ecologically important habitat, species or environment. (Q) Is the proposal consistent with the Development Plan: Yes (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: As per P above. (S) Reasoned justification for a departure to the provisions of the Development Plan Not applicable (T) Need for notification to Scottish Ministers or Historic Scotland: No Author of Report: Tim Williams Date: 30 th May 2012 Reviewing Officer: Peter Bain Date: 6th June 2012 Angus Gilmour Head of Planning & Regulatory Services CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 10/01931/PP 1. The proposed development shall be carried out in accordance with the details specified in the application form dated 5th November 2010; and the approved drawings numbered 1 of 6 to 6 of 6; and stamped approved by Argyll and Bute Council. Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings. Standard Note: In terms of condition 2 above, the council can approve minor variations to the approved plans in terms of Section 64 of the Town and Country Planning (Scotland) Act 1997 although no variations should be undertaken without obtaining the prior written approval of the Planning Authority. If you wish to seek any minor variation of the application, an application for a non material amendment (NMA) should be made in writing to Planning Services, Dalriada House, Lochgilphead, PA31 8ST which should list all the proposed changes, enclosing a copy of a plan(s) detailing these changes together with a copy