Creran Homes Ltd: Erection of 6 Dwellinghouses and Installation of 2 Septic Tanks: Land South East of Inverbhreach Cottages, Barcaldine (Ref: 23/02409/Pp)
Argyll and Bute Council · 19 June 2024
Back to Planning, Protective Services and Licensing Committee — 19 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 23/02409/PP Planning Hierarchy: Local Applicant: Creran Homes Ltd Proposal: Erection of 6 Dwellinghouses and Installation of 2 Septic Tanks Site Address: Land South East of Inverbhreach Cottages, Barcaldine DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of 6 dwellinghouses • Installation of 2 septic tanks • Formation of private access road (ii) Other specified operations • Utilisation of existing vehicular access • Connection to public water main (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Argyll and Bute Council – Roads Authority Report dated 16/04/24 advising no objection to the proposed development subject to conditions being imposed on the grant of permission to secure the upgrade of the existing access at the junction with the B845 public road and provision of a 2 metre footway; the provision of speed calming measures; the provision of a passing place along the new stretch of private access track; the provision of a turning head within the new stretch of private access track; the provision of parking and turning for three
Page 2
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 vehicles for each dwellinghouse; and the provision of a bin storage area on the new stretch of private access track. Argyll and Bute Council – Environmental Health Service Memo dated 17/01/24 advising no objection to the proposed development subject to a condition being imposed on the grant of permission to restrict the hours of construction of the proposed development. However, this is not something that should ordinarily be controlled by planning condition. Should construction noise become an issue within the development, this is a matter that would be dealt with directly by the Environmental Health Service. Scottish Water Letter dated 28/12/23 advising no objection to the proposed development which would be serviced from the Tullich Water Treatment Works but providing advisory comments for the applicant regarding connection to their infrastructure. JBA Consulting Ltd Final report dated 25/04/24 advising no objection to the proposed development. Consultation responses are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (D) HISTORY: 22/02546/PP Erection of 12 dwellinghouses, formation of vehicular access and installation a sewage treatment plant – Withdrawn: 11/01/24 22/01113/PP Erection of 21 dwellinghouses, installation of sewage treatment plant, formation of access and a play park area – Withdrawn: 06/09/22 20/01879/NMA Non material amendment for change of house type and relocation of driveways on plots 6 and 9 relative to Planning Permission 19/00150/PP for erection of 10 dwellinghouses and installation of septic tank – Granted: 28/10/20 20/01228/NMA Non material amendment for amendment to boundary treatment relative to application 17/03075/PP – Granted: 17/07/20 19/00150/PP Erection of 10 dwellinghouses and installation of septic tank – Granted: 28/05/19 18/02621/NMA Non material amendment to 17/03075/PP - Relocation of plots 1 -4 south east by 3m – Granted: 13/12/18 18/01843/NMA Non Material Amendment to planning permission reference 17/03075/PP (Erection of 10 affordable dwellinghouses, installation of private drainage system and formation of vehicular access) Adjustment to the location of the dwellinghouses and driveways for plots 1-4 – Granted: 31/08/18
Page 3
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 17/03075/PP Erection of 10 affordable dwellinghouses, installation of private drainage system and formation of vehicular access – Granted: 16/03/18 (E) PUBLICITY: The proposal has been advertised in terms of Regulation 20 and Neighbour Notification procedures, overall closing date 01/02/24. (F) REPRESENTATIONS: (i) 18 objections and 1 representation has been received from: Oban and District Access Panel – by e-mail only – (21/0124) Odile Francois, Glensalloch House, Barcaldine, PA37 1SF (13/01/24) David Jackson, 17 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Keira Jackson, 17 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Liam Roberts, 23 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Mr Jeremy Moore, Ashfield, Barcaldine (11/01/24) Mrs Suzanne Black, 10 Inverbhreach Cottages, Barcaldine, PA37 1AH (13/01/24) Mr Gregory Black, 10 Inverbhreach Cottages, Barcaldine, PA37 1AH (12/01/24) Ms Sine MacKay, Tigh Sonas, Barcaldine, PA37 1SG (12/01/24) Mrs Kirsten Leach, 21 Inverbhreach Cottages, Barcaldine, PA37 1AH (12/01/24) Mr Andrew Leach, 21 Inverbhreach Cottages, Barcaldine, PA37 1AH (12/01/24) Stephanie Brain, 14 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Emily Buchanan, 16 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Martin George, 9 Inverbhreach Cottages, Barcaldine, PA37 1AH (10/01/24) Miss Laura Sage, 8 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Mrs Caroline MacInnes, 3 Inverbhreach Cottages, Barcaldine, PA37 1AH (11/01/24) Christy Walton – by e-mail only – (09/01/24) Christine Wood - by e-mail only - (06/01/24) Ms Margaret Taylor, 15 Inverbhreach Cottages, Barcaldine, PA37 1AH (05/01/24) Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of issues raised: • Flooding and Surface Water Drainage There are ongoing issues with flooding within the surrounding area, with many of the neighbouring properties often flooded. Consideration will require to be given to a suitable drainage scheme for the proposed development to ensure that the existing situation is not exacerbated and that existing dwellinghouses are not affected by surface water flooding arising from the proposed development. Concerns over the siting of an open SuDS pond which would have open access in an area where children regularly play. Officer Comment: The agent has worked closely with the Council’s flooding advisors JBA Consulting Ltd to agree a suitable scheme for the
Page 4
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 treatment of surface water from the proposed development to ensure that surface water flooding does not arise. A condition is proposed on the grant of permission to ensure that the surface water scheme agreed with JBA Consulting Ltd is implemented within the development. With regards to the safety issue of the proposed SuDS Pond, this will be covered by the appropriate health and safety legislation and appropriate site management procedures. • Road and Access Issues The road access from the B845 is too narrow for vehicles to enter and exit Inverbhreach Cottages at the same time with vehicles requiring to reverse back into the development or out onto the main road. The view when exiting Inverbhreac Cottages is obstructed on both sides, on the left by a sign and on the right by a pole. Due to the lack of visitor parking within the existing development, with vehicles parked on the street, access for works vehicles is likely to be a problem. Approximately 7 visitor parking spaces are required prior to any work starting on the next phase. Will there be street lighting within the proposed development. Barcaldine needs a speed restriction. Officer Comment: The agent has worked closely with the Council’s Roads Authority regarding the access regime to serve the proposed development. The Roads Authority have requested that conditions are imposed on the grant of permission to secure the upgrade of the existing access at the junction with the B845 public road involving it being widened to 6 metres, a 2 metre footway being provided and speed calming measures being provided within the development. The condition will require the access improvements to be provided to at least base course prior to work starting on the proposed development. The other requirements of the Roads Authority, specific to the 6 dwellinghouse development, are discussed in more detail in the main assessment of the application within Appendix A of this report. The Roads Authority has not indicated a requirement for street lighting. The reduction in speed limit is a matter for the Roads Authority, it does not represent a material planning consideration relating to this planning application. • Impact on Wildlife Concerns over the impact of the proposed development on wildlife due to the proximity to an area of Ancient Woodland and the sea.
Page 5
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Officer Comment: The site is not covered by any specific nature designation, however, as part of the landscaping scheme for the development which will be sought by planning condition, details of biodiversity enhancement and protection measures will be sought. • Future Phases of Development There are concerns over future phases of development and the potential impact they could have on the privacy and amenity of existing properties. Should permission be granted, does this set a precedent for continued development, how many properties can be expected to be built. Will there be improvements to local infrastructure to support further development. Officer Comment: The site forms part of Housing Allocation H4017 allocated for the overall development of 50 dwellinghouses. Phases 1 and 2 have provided 20 of those units with the current application proposing a further 6. Any future application for further development within the Housing Allocation will require to be assessed against the provisions of the Development Plan in force at the time along with all other material considerations, including the requirements of consultees with regards to suitable infrastructure and comments from third parties with regards to the impact of the development on their privacy and amenity. • Hours of Operation for Construction Works Consideration has to be given to the hours and days of work if approved. There are many young families leaving for school and work, with children playing on the street after school and at weekends. Officer Comment: This is not a material planning consideration but a matter for the developer as part of the good practice for the management of the construction phase of the development. • Is there a guarantee that the planting on the proposed plans will materialise if permission is granted as this was not done in the previous phases. This is considered to be false marketing to prospective purchasers. Officer Comment: A landscaping condition is proposed on the grant of permission which requires a timescale for the implementation of the proposed landscaping together with details of its ongoing maintenance. Should the agreed timescale not be adhered to, the Planning Authority has the ability to commence enforcement action to ensure compliance with the requirements of the condition. • Will there be provision for the maintenance and upkeep of the proposed public areas.
Page 6
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Officer Comment: If this forms part of the landscaping condition, then the powers of the Planning Authority set out above would be relevant. • The proposal represents creeping development without any provision or consideration for the residents of the existing dwellinghouses of Phases 1 and 2. Officer Comment: The site is within a Housing Allocation in LDP2 allocated for residential development and Scotland has recently declared a ‘housing emergency’. • Lack of Neighbour Notification Not all properties within Inverbhreac Cottages have received neighbour notification. Officer Comment: Neighbour Notification is issued to those properties who have a boundary within 20 metres of the red line which delineates the application site. • Issues with the Previous Phases of Development Some of the gardens of Inverbhreac Cottages have not been completed properly, there is no drainage and they are not level resulting in them being waterlogged for a good part of the year. The play area approved in the previous phases has not been provided resulting in children playing in the street, representing a road and pedestrian safety issue. The planting and landscaping has not been completed. There are ongoing issues with the operation of the septic tanks serving the dwellinghouses within the previous phases. There has been sewage in one of the driveways due to this issue and ongoing odour issues. SEPA or Environmental Health should investigate the installation of these existing septic tanks before any further septic tanks are installed or building works start as this poses a rise to the health and safety of residents. This is the third planning application for Phase 3, would it not be advisable for the developer to meet with the existing residents to resolve the issues with the previous phases before the next phase starts. Officer Comment: If the development has not been undertaken in accordance with the approved plans, this is something which can be investigated by the Planning Enforcement Officer. With regards to the operational arrangements of the existing septic tanks, this is not a matter for the Planning Authority, this is a matter for the developer and/or the Council’s Building Standards Service.
Page 7
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 With regards to the treatment of surface water within the development, again this would be a matter for the developer and/or the Council’s Building Standards Service. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☒Yes ☐No A Supporting Statement has been submitted with the application the content of which is discussed in the main assessment of the application within Appendix A of this report. (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist ☒Yes ☐No ☒Yes ☐No (v) A report on the impact of the proposed development e.g. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: ☒Yes ☐No Flood Risk Assessment which is discussed in more detail in the main assessment of the application within Appendix A. (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No
Page 8
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (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. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 11 – Energy NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes NPF4 Policy 17 – Rural Homes NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 06 – Green Infrastructure Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Diverse and Sustainable Economy Policy 30 – The Sustainable Growth of Renewables Connected Places Policy 34 – Electric Vehicle Charging Policy 36 – New Private Accesses Policy 37 – Development Utilising an Existing Private Access or Existing Private Road
Page 9
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Policy 41 – Off Site Highway Improvements Sustainable Communities Policy 55 – Flooding Policy 58 – Private Water Supplies and Water Conservation Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management Homes for People Policy 64 – Housing Development on Allocated Sites Policy 67 – Provision of Housing to Meet Local Needs Including Affordable Housing High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) Policy 73 – Development Impact on Habitats, Species and Biodiversity (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 3/2013. • Third Party Representations • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • TN06 Sustainability Technical Note and Checklist (Oct. 2023) • TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023) • ABC Housing Needs and Demand Assessment • ABC Housing Emergency Statement (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No In deciding whether to hold a discretionary hearing Members should consider: • How up to date the Development Plan is, the relevance of the policies to the proposed development, and whether the representations are on development
Page 10
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 plan policy grounds which have recently been considered through the development plan process. • The degree of local interest and controversy on material considerations, together with the relative size of community affected, set against the relative number of representations and their provenance. At the time of writing, representations have been received by the Planning Authority from 19 respondents in relation to this planning application. 18 respondents raise objection and 1 submits a representation. The main thrust of objection relate to the unsuitability of the junction with the public road and the ongoing issues with surface water flooding. In this regard the agent has worked closely with the Council’s Roads Authority to agree an upgrade of the access at the junction with the public road which involves an increase in its width and the provision of a pedestrian footway, works on which will require to be undertaken before works on the construction of the dwellinghouses commences. The agent has also worked closely with the Council’s flooding advisors JBA Consulting Ltd to agree a suitable scheme for the treatment of surface water within the proposed development. The main other concerns raised by objectors relate to the standard of completion of the previous phases of the development and ongoing issue they are having with the developer. It is the opinion of the Planning Authority that the representations received, together with officer assessment of the relevant planning issues contained within this report, provide all the information required to enable Members to make an informed decision based on all of the material planning considerations in this case. In this instance it is not considered that the objections raise any complex or technical issues that have not been addressed in the current Report of Handling and it is not considered that a discretionary local hearing would add value to the planning process. The determining factor in the assessment of this application is whether the proposed small scale housing development is consistent with the provisions of the adopted National Planning Framework 4 and Local Development Plan 2 and whether the issues raised by third parties raise material considerations of sufficient significance to withhold planning permission. In this instance the proposed housing development is within an area recently adopted as a housing allocation within LDP2 and is considered to be wholly consistent with that allocation and with the provisions of both National and Local Planning Policy whilst helping to address the locally and nationally declared ‘housing emergency’. (O)(i) Key Constraints/Designations Affected by the Development: • North Argyll LLA • H4017 – Barcaldine – 50 Units
Page 11
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (O)(ii) Soils Agricultural Land Classification: Class 4.2 - Land capable of producing a narrow range of crops, primarily on grassland with short arable breaks of forage crops. Class 5.2 - Land capable of use as improved grassland. Few problems with pasture establishment but may be difficult to maintain. Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP2 Settlement Strategy (tick all relevant boxes) ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: H4017 – Barcaldine – 50 Units Short/Medium term timescale with 50% affordable requirement (P) Summary assessment and summary of determining issues and material considerations The proposal the subject of this application is seeking to secure planning permission for the erection of 6 dwellinghouses, the formation of a private access track and the installation of 2 septic tanks and soakaways.
Page 12
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The principle of residential development on this site has been established by the adopted LDP2 which identifies the site as a Housing Allocation (H4017) allocated for development with 50 units with a 25% affordability requirement. The proposed dwellinghouses comprise two storey, pitched roof structures finished in a mixture of white render and horizontal weatherboard cladding to the walls with grey upvc doors and windows and a grey concrete roof tile, the design and finishes of which are similar to those within the adjacent completed development of Phase 2. The dwellinghouses are situated within spacious plots, arranged adjacent to the proposed private access track which will serve them which is taken from the proposed future adoptable road that runs through Inverbhreac Cottages (Phase 2). Three of the dwellinghouses are accessed via one spur off and the remaining three served by another spur. The proposed private access provides an access point into the future phase of the housing allocation. Water supply is via connection to the public water main with drainage via the installation of two septic tanks. At the time of writing, representations had been received by the Planning Authority from 19 respondents in relation to this planning application. 18 respondents raise objection and 1 provides a representation. The proposed small scale housing development is considered to be consistent with the provisions of the adopted National Planning Framework 4 and Local Development Plan 2 with the issues raised by third parties not considered to raise material considerations of sufficient significance to withhold planning permission. Taking account of the above, it is recommended that planning permission be approved subject to conditions. A full report is provided in Appendix A. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission Should be Granted: The proposal is considered to be consistent with the relevant provisions of the Development Plan and there are no other material considerations of sufficient significance, including issues raised by third parties, to indicate that it would be appropriate to withhold planning permission having regard to Section 25 of the Act. (S) Reasoned justification for a departure to the provisions of the Development Plan N/A
Page 13
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Fiona Scott Date: 29/05/24 Reviewing Officer: Tim Williams Date: 04/06/24 Fergus Murray Head of Development & Economic Growth
Page 14
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/02409/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 15/12/23, supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Pre-Development Surface Water Run Off Layout 0460-C-0004 P01 08/04/24 Post-Development Surface Water Run Off Layout 0460-C-0005 P01 08/04/24 Proposed Below Ground Drainage Layout 0460-C-0032 P03 08/05/24 Location Plan 5021-02-301 B 19/12/23 Site Plan 5021-02-302 B 19/12/23 GF Plan HT01 5021-03-301 B 19/12/23 GF Plan HT01H 5021-03-301H B 19/12/23 FF Plan HT01 5021-03-302 B 19/12/23 FF Plan HT01 Handed 5021-03-302H B 19/12/23 GF Plan HT03 5021-03-305 B 19/12/23 GF Plan HT03 Handed 5021-03-305H B 19/12/23 FF Plan HT03 5021-03-306 B 19/12/23 FF Plan HT03 Handed 5021-03-306H B 19/12/23 Elevations HT01 5021-04-301 B 19/12/23 Elevations HT01 Handed 5021-04-301H B 19/12/23 Colour Options HT01 5021-04-302 B 19/12/23 Elevations HT03 5021-04-305 B 19/12/23 Elevations HT03 Handed 5021-04-305H B 19/12/23 Colour Options HT03 5021-04-306 B 19/12/23 Site Sections 01 5021-05-301 B 19/12/23 Site Sections 02 5021-05-302 B 19/12/23 Drainage, SUDS and Surface Water Management Plan – 49 Pages 21/03/24 Flood Risk Assessment – 39 Pages 12/02/24 Greenfield Run Off 08/04/24 Percolation Tests – 4 Pages 08/05/24 Supporting Statement – 15 Pages 18/12/23 Surface Water Network (Land Drainage) – 13 Pages 08/04/24 Surface Water Network (Soakaway) – 5 Pages 08/04/24
Page 15
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 TN06 – Sustainability Checklist – 7 Pages 18/12/23 TN07 – Sustainable Buildings Checklist – 4 Pages 18/12/23 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. Note to Applicant Regard should be had to Scottish Water and the Oban and District Access Panel comments in relation to the proposed development, details of which are available to view via the Public Access section of the Council’s website. 2. PP – Vehicular Access No development shall commence until plans and particulars of the means of vehicular access to serve the development have been submitted to and approved by the Planning Authority in consultation with the Roads Authority. Such details shall incorporate: i) Upgrade of the existing access at its junction with the B845 comprising a kerb radius of 6 metres and provision of a 2 metre footway at the north west side of the access road; ii) Visibility splays measuring 2.4 metres to point X by 75 metres to point Y from the centre line of the junction; iii) Details of speed calming measures (speed cushions) within the development road at locations to be agreed with the Roads Authority; iv) Details of a passing place approximately midway on the private access road serving Plots 3-04, 3-05 and 3-06; v) Details of a 2 metre level service strip for pedestrian refuge along the extent of the new private access roads; vi) Details of a turning head to Figure 18 of The National Development Guide at the end of the private access road serving Plots 3-04, 3-05 and 3-06; vii) Details of a bin storage area at a point next to the private access road serving Plots 3-01 and 3-02. Prior to work starting on site, the approved scheme of works in respect of junction upgrade shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. The approved speed calming measures, passing place, service strips, turning head and bin storage area shall be implemented in full prior to the development first being occupied to the satisfaction of the Roads Authority. Reason: In the interests of road safety. Note to Applicant
Page 16
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. • No walls, fences, hedges etc. will be permitted within 2 metres from the channel line of the public road. 3. PP - Sustainable Drainage System The surface water drainage system for the development shall be undertaken in accordance with the Drainage, Suds and Surface Water Management Plan dated March 2024 and the associated drawings set out in Condition 1 above and shall be operational before the first occupation of the first dwellinghouse to be completed. Note to Applicant: Regard should be had to the consultation comments from JBA Consulting Ltd in relation to the proposed development, details of which are available to view via the Public Access section of the Council’s website. 4. PP – Landscaping Scheme and Biodiversity Enhancement Measures No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall comprise a planting plan and schedule which shall include details of: i) Existing and proposed ground levels in relation to an identified fixed datum; ii) Existing landscaping features and vegetation to be retained; iii) Location design and materials of proposed walls, fences and gates; iv) Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted; v) A programme for the timing, method of implementation, completion and subsequent on-going maintenance; vi) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority. Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use.
Page 17
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity and in order to comply with the requirements of NPF4 Policy 3. 5. PP – Finishing Materials Notwithstanding the effect of Condition 1, no development shall commence until written details of the proposed external finishing materials to be used in the construction of the proposed dwellinghouses have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority. Reason: In order to integrate the development into its surroundings. 6. PP - Electric Vehicle Charging – Residential with off street parking Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), a scheme detailing the provision of a minimum 7kw electric vehicle charging point shall be submitted to and approved in writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be installed. The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the planning authority Reason: to comply with the provisions of NPF4 Policy 13 Sustainable Transport and LDP2 Policy 34 – Electric Vehicle Charging.
Page 18
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 23/02409/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Introduction 1.1. The proposal the subject of this application is seeking to secure planning permission for the erection of 6 dwellinghouses, the formation of a private access track and the installation of 2 septic tanks and soakaways. 2. Settlement Strategy 2.1. The principle of residential development on this site has been established by the adopted LDP2 which identifies the site as a Housing Allocation (H4017) allocated for development with 50 units with a 25% affordability requirement. In order to address the determining issues, the key considerations in this application are: 2.1.1. Compliance with the Development Plan and other relevant planning policy 2.1.2. Any other material considerations. 3. Application Site 3.1. The site is a relatively flat area of rough grazing ground which extends to just under 0.6 hectares in size. The site lies to the south of Phases 1 and 2 of the existing development which were developed under the provisions of the previous LDP as Housing Allocation (HA) 5/19 Phase 1 comprised 10 affordable units with Phase 2 comprising 10 mainstream units, all of which are completed and occupied. At the time when the current application was submitted and validated, the site formed part of HA 5/19 with the proposal effectively completing the development within the HA. However, LDP2 has now been adopted and has merged former HA 5/19 (27 units) and adjacent PDA 5/105 (low density housing) to form Housing Allocation H4017 for the development of 50 units with a 25% affordable requirement. The Supporting Statement submitted with the application details that it is the applicant’s intention is to phase the development of the remainder of H4017 with the proposal the subject of the current application representing Phase 3 with the application showing an area for the future development of Phase 4. In respect of the affordability component of the development and its context within the wider Housing Allocation and the planning history of the site, it is noted that the current planning application was submitted before the adoption of LDP2 at a time when the total required provision of affordable units was 7. The existing and built Phase 1 and Phase 2 provided 10 affordable units, an over-provision of 3. During the determination period of the current application, however, the new LDP2 now requires a total affordability component of 25%. The current application proposes 6 new units, none of them affordable. The previous Phase 1 and Phase 2 permissions provided 20 units
Page 19
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 in total which, added to the 6 units the subject of the current application gives an affordability requirement of just over 6 units (25% of 26 = 6.5). Therefore the existing affordability provision of 10 units is still above the current requirement of 25% although it is accepted that this is a pro-rata calculation and that any future additional development within the housing allocation may require the provision of further affordable units, with a potential need for three additional affordable dwellings should the total capacity of the housing allocation (50 units) be reached. 4. Proposed Development 4.1 The application is seeking to secure permission for 6 detached dwellinghouses which comprise two different but very similar designs comprising two storey, pitched roof structures finished in a mixture of white render and horizontal weatherboard cladding to the walls with grey upvc doors and windows and a grey concrete roof tile. The design and finishing materials of the proposed dwellinghouses are very similar to those within the adjacent completed development of Phase 2. The dwellinghouses are situated within spacious plots, arranged adjacent to the proposed private access track which will serve them which is taken from the proposed future adoptable road that runs through Inverbhreac Cottages (Phase 2). Three of the dwellinghouses are accessed via one spur off and the remaining three served by another spur. The proposed private road provides an access point into the future phase of the housing allocation. Whilst the site plan shows area of landscaping within the site, the finer details of the proposed landscaping, boundary treatment and biodiversity enhancement measures within the development will be sought by planning condition with such details requiring to be submitted and agreed with the Planning Authority prior to works starting on site. 5. Compliance with National and Local Development Plan 2 Policy Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024 which, together with NPF4 which was adopted on 13 February 2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. 5.1. NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 1 seeks to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. 5.2. NPF4 Policy 2 – Climate, Mitigation and Adaption
Page 20
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 NPF4 Policy 2 seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. 5.3. NPF4 Policy 3 – Biodiversity NPF4 Policy 3 seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. With regards to the need in NPF4 Policy 3 to secure biodiversity improvements, it is not considered that there are any issues of compliance with Policy 3. Whilst the Supporting Statement details that habitat improvements have been incorporated into the site design including the provision of native species planting, swift boxes and a SUDS pond area, it is considered appropriate to impose a condition on the grant of permission to secure the finer detail of these proposals as part of the wider landscaping and boundary treatment measures for the site. With a condition to secure the finer details of the biodiversity enhancement and protection measures within the development, as part of the wider landscaping and boundary scheme for the site, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity. 5.4. NPF4 Policy 4 – Natural Places NPF4 Policy 4 seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The development proposed by the current planning application is considered appropriate in terms of its type, location and scale such that it will have no unacceptable impact on the natural environment. The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a site designated as a local nature conservation site or within an area identified as wild land. Whilst the site is located within the North Argyll LLA, the application proposes a small scale residential development, within an area identified for housing development in LDP2, where it will be viewed in the context of an area of existing housing development, therefore it is the considered opinion of the Planning Authority that the proposal will not result in any significant adverse effects on the integrity of the area or the qualities for which it has been identified.
Page 21
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The proposed development is considered to be consistent with NPF4 Policy 4 and does not conflict LDP2 Policy 71, Development Impact on Local Landscape Areas. 5.5. NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings NPF4 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Part (b) of Policy 9 states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. The site has been allocated as Housing Allocation H4017 in LDP2 and therefore there is no conflict between NPF4 Policy 9 and the settlement strategy set out in LDP2. 5.6. NPF4 Policy 11 – Energy NPF4 Policy 11 seeks to encourage, promote and facilitate all forms of renewable energy development, including energy generation, storage, and new and replacement transmission and distribution infrastructure. NPF4 Policy 11(a) states that development proposals for all forms of renewable, low- carbon and zero emissions technologies will be supported. The proposed development, through the provision of air source heat pumps to the rear of the dwellinghouses, would contribute to the expansion of low-carbon and zero emission technologies. The proposed development is supported by NPF4 Policy 11 and there is no conflict with LDP2 Policy 09, Sustainable Design, which seeks proposed developments to consider renewable sources of energy. 5.7. NPF4 Policy 12 – Zero Waste NPF4 Policy 12 seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission for 6 dwellinghouses. Whilst this is a development likely to generate waste when operational, it will already benefit from regular waste uplifts by the Council and will be expected to comply with our adopted and enforced recycling and reuse strategy. The application shows an area within the grounds of each dwellinghouse for the placement of refuse bins with the Roads Authority seeking to secure an area adjacent to the proposed private access track for the placement of these bins for uplift by the Council’s Refuse Collection Vehicle. The proposed development is considered to be in compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy 63, Waste Related Development and Waste Management which seek to ensure that effective provision for waste/recycling is provided within developments and the current proposal would raise no issue of conflict should permission be granted. 5.8. NPF4 Policy 13 – Sustainable Transport
Page 22
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 NPF4 Policy 13 seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The development is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. A new private access is proposed into the site from the future adoptable road spurring from the B845 public road which runs through Inverbhreac Cottages (Phase 2). Three of the dwellinghouses are to be accessed via one spur off of the new private access track with the remaining three served by a further spur. The proposed private access provides an access point into the future phase of the housing allocation. The Supporting Statement submitted with the application details that the application site is readily accessible with links to existing path and public road networks, the existing public bus network and National Cycle Network Route 78 thereby providing suitable vehicular and pedestrian connectivity to the wider network and existing community. The applicant has worked closely with the Roads Authority to agree the proposed access regime to serve the development which includes an upgrade of the existing access point at the junction with the B845 public road and the provision of a 2 metre wide footway; the provision of speed calming measures along the extent of the internal road spurring from the junction with the B845; the provision of a passing place along the new private access track; the provision of a 2 metre level service strip to provide pedestrian refuge along the new private access track; the provision of a turning head within the new private access track; and the provision of a bin storage area adjacent to the new private access track. The Roads Authority also sought a condition to secure three parking spaces for each dwellinghouse, however as this is shown on the site plan there is no need for such a condition. With conditions to secure the requirements of the Roads Authority the proposed development is considered to be consistent with the broad aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 36 , New Private Accesses, Policy 37, Development Utilising an Existing Private Access or Existing Private Road, Policy 39, Construction Standards for Private Accesses, Policy 40, Vehicle Parking Provision and Policy 41, Off Site Highway Improvements which collectively seek to ensure that proposed developments are served by a suitable and safe access regime and provide appropriate parking provision commensurate with the scale of the development proposed and the current proposal would raise no issue of conflict should permission be granted. 5.9. NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 14 seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. NPF4 Policy 14(a) details that development proposals should be designed to improve the quality of an area whether in urban or rural locations, regardless of scale with Part (b) affording support to developments where they are consistent with the six qualities of successful places: Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable.
Page 23
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 A statement addressing the six qualities of place has been submitted with the application as follows. “Healthy - Pedestrian routes provide for overlooking by neighbouring properties, providing a sense of community and supporting women’s safety. With links to National Cycle Network Route 78 the proposals support improving physical health and the associated benefits to mental health. Enhanced natural features on site and within the local area support the mental health of the surrounding community. Pleasant - The overall layout for the proposed development has been designed to respond to the existing site constraints and surrounding context including a robust landscape strategy which will ensure the proposals sit well within the existing area. The development retains key landscape features following the natural contours of the site. Existing neighbouring woodland to the Southern border and a backdrop of significant hills and munros creates an attractive setting for the proposals. Connected - The site is placed within walking distance of local primary education facilities, community facilities, local public transport links and National Cycle Network Route 78. The layout will be clear and easy to navigate around and will provide excellent pedestrian connectivity to the wider network and existing community. Distinctive - To take advantage of this setting, high quality house design is proposed with the low housing density consistent with the neighbouring properties. Dwellings within a more generous plot size are considered to be more appropriate for this setting and will allow for a more sympathetic approach when considering the integration of housing in this area. Additional structured landscaping and woodland planting is proposed to the edge of the site to ensure the proposed development is well integrated into the landscape reinforcing the links with the surrounding countryside. Adaptable - The applicant is committed to providing dwellings designed to be flexible through incorporation of the lifetime homes standard as defined within Section three of the Scottish Building Regulations. This standard is a series of design criteria intended to make homes more easily adaptable for lifetime use at minimal cost. The concept was initially developed by the Joseph Rowntree Foundation. The dwellings shall be fully accessible to wheelchair users and ambulant disabled persons. Sustainable - The site has been designed to accommodate six low energy family homes. By building to this standard this will ensure that the buildings are climatically resilient. For any development to be sustainable, it needs to create a sense of place and community. A development is required to provide a socially inclusive, attractive environment which meets the current needs of the residents. The development is also required to be adaptable to social and economic change while still meeting the long term needs of the residents. In order to achieve this, the site layout needs to include; access to greenspace, access to surrounding community services and facilities and be an environment conducive to bringing people together. The location of the site lies within the settlement boundaries of the settlement of Barcaldine, the pedestrian linkages and the close proximity of the site to open spaces, local business, and the Primary School are considered critical in achieving these aims”. The development the subject of this planning application is considered to be in accordance with the broad aims of NPF4 Policy 14 and the sustainable siting and design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08,
Page 24
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: All Development which, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site; and ensure that no adverse visual or amenity impacts arise. 5.10. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 15(a) seeks development proposals to contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to a number of facilities. The LDP2 settlement strategy seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found and thereby making best use of these resources is a sustainable approach to development. In this instance, the site, by virtue of being allocated as Housing Allocation H4017, would reasonably comply with NPF4 Policy 15 given the scale of the environment within which the development is to be located, and given its compliance with the existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding area where people can reasonably meet the majority of their daily needs within a reasonable distance of their home. The proposed development aligns with NPF4 Policy 15 and there is no conflict with LDP2 Policy 01, Settlement Areas and the current proposal would raise no issue of conflict should permission be granted. 5.11. NPF4 Policy 16 – Quality Homes NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(a) supports development proposals for new homes on land allocated for housing in LDPs. The site of the proposed residential development is within Housing Allocation H4017, allocated within LDP2 for residential development. Policy 16(e) supports proposals for new homes where they make provision for affordable homes to meet an identified need. Proposals for market homes will only be supported where the contribution to the provision of affordable homes on a site will be at least 25% of the total number of homes, unless the LDP sets out locations or circumstances where: i. a higher contribution is justified by evidence of need, or ii. a lower contribution is justified, for example, by evidence of impact on viability, where proposals are small in scale, or to incentivise particular types of homes that are needed to diversify the supply, such as self-build or wheelchair accessible homes. The contribution is to be provided in accordance with local policy or guidance.
Page 25
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 With regards to the affordability component of the development, as detailed above, the site and its context within the wider Housing Allocation and the planning history of the site, it is noted that the current planning application was submitted before the adoption of LDP2 at a time when the total required provision of affordable units was 7. The existing and built Phase 1 and Phase 2 provided 10 affordable units, an over-provision of 3. During the determination period of the current application, however, the new LDP2 now requires a total affordability component of 25%. The current application proposes 6 new units, none of them affordable. The previous Phase 1 and Phase 2 permissions provided 20 units in total which, added to the 6 units the subject of the current application gives an affordability requirement of just over 6 units (25% of 26 = 6.5). Therefore the existing affordability provision of 10 units is still above the current requirement of 25% although it is accepted that this is a pro-rata calculation and that any future additional development within the housing allocation may require the provision of further affordable units, with a potential need for three additional affordable dwellings should the total capacity of the housing allocation (50 units) be reached. The proposed development is deemed to be consistent with NPF4 Policy 16 and there is no conflict with LDP 2 Policy 01, Settlement Area with the current proposal raising no issue of conflict. 5.12. NPF4 Policy 17 – Rural Homes NPF4 Policy 17 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy 17(a) supports development proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and (i) is on a site allocated for housing in the LDP. Policy 17(b) requires proposals for new homes in rural areas to consider how the development will contribute towards local living and take into account identified local housing needs. It is has already been seen at NPF4 Policy 15 above that the proposed development is consistent with our adopted settlement strategy policies and that it would have no materially harmful access or environmental impact. The proposed development seeks the introduction of 6 dwellinghouses which would accord with the Council’s key planning policy aims of supporting and sustaining fragile rural communities by contributing to actions to reverse our falling rural populations and supporting the local economy. In this regard, the proposed development would directly support the local and national ‘housing emergency’. Policy 17(c) offers support to new homes in remote rural areas where such proposals (i) support and sustain existing fragile communities; (ii) support identified local housing outcomes; and (iii) are suitable in terms of location, access and environmental impact. The development proposed accords with the broad aims of NPF4 Policy 17 and does not conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design all Development, and Policy 67, Provision of Housing to Meet Local Needs. 5.13. NPF4 Policy 18 – Infrastructure First NPF4 Policy 18 seeks to encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking.
Page 26
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 The application indicates water supply via connection to the public network with private drainage arrangements comprising two septic tanks and soakaways due to the lack of public drainage infrastructure within the vicinity of the site. Scottish Water raised no objection to the proposed development which would be serviced from the Tullich Water Treatment Works but advised that further investigations may be required once a formal application for connection to their infrastructure is submitted for consideration. The Council’s Building Standards Service will apply sufficient control over the detailed arrangements over the proposed private drainage arrangements at Building Warrant stage. The proposed development aligns with NPF4 Policy 18 and is in accordance with LDP2 Policy 04, Sustainable Development and Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable infrastructure is available to serve proposed developments and give support to private drainage arrangements where connection to the public system is not available and the current proposal would raise no issue of conflict should permission be granted. 5.14. NPF4 Policy 22 – Flood Risk and Water Management NPF4 Policy 22 seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed above the development proposes connection to the public water supply to which Scottish Water has not objected to. The site is within proximity of an area identified as having potential surface water flooding issues and accordingly consultation was undertaken with the Council’s flooding advisors JBA Consulting Ltd (JBA). JBA deferred their decision until evidence was provided that the surface water drainage system has been designed in accordance with CIRIA C753 and Sewers for Scotland 4th Edition, including: • Detailed drainage plan and drainage calculations, demonstrating that the post development runoff rate does not exceed the greenfield runoff rate. • Evidence that the drainage network is designed to accommodate the 1:30 year rainfall event plus climate change and a 10% allowance for future build out, and that the 200 year plus climate change event does not flood existing or proposed buildings. • Expected overland flow routes should the system be overtopped. The request from JBA resulted in ongoing correspondence between the agent and JBA to agree a suitable scheme for the treatment of surface water within the development. A suitable system was agreed to which JBA has confirmed their acceptance to. With a condition to ensure that the surface water drainage system for the proposed development is installed in accordance with the scheme agreed with JBA the proposal aligns with NPF4 Policy 22 and LDP2 Policy 61, Sustainable Drainage Systems and the current proposal would raise no issue of conflict should permission be granted.
Page 27
LDP2 format template March 4th 2024 Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 6. Public Representation 6.1. At the time of writing, representations had been received by the Planning Authority from 19 respondents in relation to this planning application. 18 respondents raise objection and 1 provide representation. It is not considered that the objections raise any complex or technical issues that have not been addressed in the current Report of Handling. 7. Conclusion The principle of residential development on this site has been established by virtue of the site being within Housing Allocation H4017 as defined in LDP2. No objections have been received from consultees with regards to the proposed infrastructure to serve the proposed development. The proposed development is considered to be consistent with the provisions of both the adopted National and Local Policy with the issues raised by third parties not amounting to material planning considerations that have not been addressed through the processing of the planning application. Accordingly the application is recommended for approval subject to conditions.