Public reports pack
Argyll and Bute Council · 17 June 2024
Back to Planning, Protective Services and Licensing Committee — 17 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 10 June 2024 NOTICE OF MEETING A meeting of the PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE will be held ON A HYBRID BASIS IN THE MARRIAGE SUITE, HELENSBURGH AND LOMOND CIVIC CENTRE, 38 EAST CLYDE STREET, HELENSBURGH AND BY MICROSOFT TEAMS on MONDAY, 17 JUNE 2024 at 10:45 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. CALA MANAGEMENT LIMITED: APPROVAL OF MATTERS SPECIFIED IN CONDITIONS 2, 3, 6, 7, 8, 9, 11, 12, 13, 15, 16 AND 17 OF CONSENT 18/01444/PP (PPA-130-2071): ERECTION OF RESIDENTIAL DEVELOPMENT WITH ASSOCIATED ACCESS, INFRASTRUCTURE, OPEN SPACE, LANDSCAPING AND MISCELLANEOUS WORKS: LAND NORTH OF CARDROSS PRIMARY SCHOOL, BARRS ROAD, CARDROSS: (REF: 23/00144/AMSC) (Pages 3 - 40) Report by Head of Development and Economic Growth Planning, Protective Services and Licensing Committee Councillor John Armour Councillor Gordon Blair (Vice-Chair) Councillor Jan Brown Councillor Audrey Forrest Councillor Kieron Green (Chair) Councillor Amanda Hampsey Councillor Daniel Hampsey Councillor Graham Hardie Councillor Fiona Howard Councillor Mark Irvine Councillor Andrew Kain Councillor Paul Donald Kennedy Councillor Liz McCabe Councillor Dougie Philand Councillor Peter Wallace Contact: Fiona McCallum Tel. No. 01546 604392 Public Document Pack
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Template Reviewed Feb 2023 Argyll and Bute Council Development & Economic Growth Committee 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: 23/00144/AMSC Planning Hierarchy: Major Applicant: Cala Management Limited Proposal: Approval of Matters Specified in Conditions 2,3,6,7,8,9,11,12,13,15,16 and 17 of consent 18/01444/PP (PPA- 130-2071). Erection of residential development with associated access, infrastructure, open space, landscaping and miscellaneous works.( Proposed removal/alterations to conditions 4, 5 &7 of REF 15/01794/PPP) Site Address: Land North of Cardross Primary School, Barr Roads, Cardross, Argyll and Bute. DECISION ROUTE Local Government Scotland Act 1973 (A) THE APPLICATION (i) Aspects of the Development Requiring Approval of Matters the subject of Conditions within a Grant of Planning Permission in Principle (ref. PPA-130-2071) A brief summary of the matters to be addressed by each of the conditions to be discharged is set out below. The full condition wording is referenced at Appendix A of this report. • Condition 2 – Site layout, design and external finishes of the development • Condition 3 – Scheme for the provision of affordable housing • Condition 6 – A814 Main Road, gateway enhancement and traffic calming scheme • Condition 7 – Internal road layout • Condition 8 – Car Parking provision • Condition 9 – Archaeological field evaluation • Condition 11 – Drainage details including cut-off ditch • Condition 12 – SUDS and Maintenance • Condition13 – boundary treatments and landscaping • Condition 15 – provision and maintenance details of communal open space and equipped play areas • Condition 16 – Waste management during operation (submission?) • Condition 17 – Site Waste Management Plan (ii) Other specified operations • None Page 3 Agenda Item 3
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Template Reviewed Feb 2023 (B) RECOMMENDATION: It is recommended to approve the submissions and discharge these aspects of the conditional approval. (C) CONSULTATIONS: West of Scotland Archaeologist Service (22.03.23, 01.06.23 and 03.08.23) - confirms that the field work element is complete and the required post excavation and publication work is secured by contract between the applicant and their chosen archaeological contractor. No further archaeological works are required for this development and the Service advise that the condition dealing with archaeology can be satisfactorily discharged. ABC Area Roads Officer: Responses Dated (31.03.23, 15.05.23, 24.05.23 19.10.23, 31.10.23, 06.02.23 and 07.03.24 Previous concerns of the Area Roads Engineer in respect of road safety (over the 8 houses directly taking access to Barr’s Road) and in respect of pedestrian safety at the proposed pedestrian access/egress point to Barr’s Road have been addressed by the redesign of the housing layout and the introduction of traffic calming at this point in the revised layout. The submitted details are now considered by the Area Roads Engineer to be in accordance with necessary technical and safety standards. The internal layouts are also considered to be in accordance with necessary standards and the proposed Traffic Calming proposals for the A814 are also considered acceptable and in accordance with necessary road safety standards. ABC Flood Risk Assessor (08.08.23 & 10.01.24) – Confirms that the information provided is sufficient to meet planning condition 11 and 12 and that the flooding and drainage proposals meet required technical standards. ABC Local Biodiversity Officer (30.03.23) has provided advice in relation to the landscape proposals. It is considered that the contents of the design proposal and associated Management Plan are acceptable. (Members are requested to note that following the Barr’s Road frontage redesign additional landscaping and biodiversity improvements of the proposals has been secured). Cardross Community Council (15.12.23 & 21.2.24) Object. Concerns expressed in respect of Flooding, Japanese Knotweed, Core Paths, and Roads. Second representation states that documents are not available on the public website and expresses further concerns over drainage and flooding. Officer Comment: Following the representations of 15.12.23 and 21.2.24 further advice and clarification was sought from the Council’s Flooding advisor. He has confirmed that the proposed flooding and drainage works are in accordance with required design and capacity standards. In respect of Japanese Knotweed, an informative has been added clarifying the legislative framework under which this matter should be addressed. Page 4
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Template Reviewed Feb 2023 In respect of the comments on the core path on Darleith Road and other roads matters in respect of Darleith Road, these matters do not form part of the application which has been submitted and are therefore not considered material to the determination of this application. Officers are content that the concerns expressed by the Community Council, in so far as they are material to this application on drainage and flooding matters, have been properly addressed by the applicant. The Council’s flooding advisor is content that the proposals meet required technical standards and no grounds to refuse the current submissions have been identified. In respect of the question of documents being on the public website, all the relevant and material documents are on public access. The stated concerns on transparency in respect of the Darleith Road access are noted. At time of writing no alternative access arrangement for Darleith Road to that approved by the Reporter has been agreed. All discussions on this matter are via a Pre-Application submission (REF:22/01642/PREAPP).Such discussions are currently confidential in accordance with the normal procedures of the Council. However, Officers are aware of the local concerns on this matter and will ensure that the Community Council is notified of any submissions made to alter the existing, approved access arrangements on Darleith Road under condition 04 of the permission and will be given the opportunity to submit comments, which will be taken into consideration in evaluating any alternative proposals. (D) HISTORY: 23/00145/PP – Variation of Condition 2 relative to planning permission in principle reference 18/01444/PP (PP-130-2071) - amendment to wording of Condition 2 in relation to finished floor levels. Application approved at Planning Committee on 25/05/23. 18/01444/PP/ PPA-130-2071– Removal of Conditions 4 and 5 and variation of condition 7 of planning permission in principle 15/01794/PPP (Site for the erection of residential development with associated access, infrastructure, open space, landscaping and miscellaneous works) in relation to roads arrangements. (Members are requested to note that this application was subject to Non-Determination Appeal to The Scottish Ministers (DPEA). Members advised that had they been so empowered the application would have been refused at planning Committee. Permission was subsequently granted by appeal on 15th July 2019 under reference: PPA-130-2071. It is the conditions associated with this appeal decision/grant of permission that are currently subject to this application to discharge). 15/01794/PPP – Planning Permission in Principle for ‘Site for the erection of residential development with associated access, infrastructure, open space, landscaping and miscellaneous works. Granted subject to conditions 26/01/17. There is associated planning history linked to this site in respect of its inclusion within Local Development Plans as a Housing allocation (Kirkton Farm). The site was included as a Housing Allocation within LDP 2015 as Housing Allocation site H2002 and has been included in LDP 2 as Housing Allocation Site H2002. Therefore as well as historic planning permission having been granted in principle for the development of the site in 2015 by the Page 5
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Template Reviewed Feb 2023 Council, the site forms part of the housing land supply supported by the Local Development Plan. (E) PUBLICITY: Regulation 20 Advert Major Application – Expiry date- 13th April 2023 (F) REPRESENTATIONS: (i) Representations received from: At the time of writing this report 91 objections and 10 representations have been received in relation to this application for AMSC. A list of representees is attached to Appendix B. Copies of the objections/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. Jackie Baillie MSP has forwarded concerns on behalf of a resident who has contacted her but has not raised objection herself. Members are requested to note that many of the objections either wholly or in part, relate to matters associated with the Darleith Road access arrangements approved under condition 04 of the appeal decision by the Reporter (REF: PP-130-2071). For clarity, the decision issued by the Reporter in allowing the development does not require the submission of any further AMSC details in respect of condition 04 as the access arrangements along Darleith Road have been approved. Members are requested to note that no matters related to the approved Darleith Road access arrangements form part of this AMSC application, and therefore such objections/concerns are not relevant to the current submissions before members. (ii) Summary of issues raised- the concerns and general comments raised are summarised within the various themes below: Comments/Objections received in relation to Condition 4 and approved Darleith Road Access arrangements • wholly impractical, on vehicular access grounds • object on the grounds of public health and safety if the condition is not complied with • development includes third party land with the owner not willing to allow the works to occur • Formation of the three parking spaces on western side of Darleith Road would entail major construction, environmental damage with huge tree loss and require further upkeep paid for by the council. • Point 2 of the approved access requires third party land on the eastern side of Darleith Road and previous correspondence from the applicant states “it is clear the access to the site cannot be achieved in terms of the conditions attached to the original consent.” Page 6
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Template Reviewed Feb 2023 • A single track road is inappropriate for a development of this size • No segregation or places of safety for other non-motorised road users. • Conflict between the Core Path Plan and this proposal using Darleith Road • Application does not include any information on the Darleith Road improvements. • The road is well used by walking, horse-riding and cyclists and the proposal would increase safety impacts. • Geometry of Darleith Road provides poor visibility • Concern regarding the lack of a resolution between the potentially dangerous access route between Mill Road and the west site entrance. • Works to Darleith Road will undermine the road stability, leading to a potential road collapse due to the flooding erosion to the west. • Darleith Road is used by timber lorries, farm traffic and traffic to the existing houses. This proposal will worsen the safety. • Council have removed Condition 4 which was to ensure improvements would be made to Darleith Road. • The public should be allowed to pass comment on the remits of Condition 4. • Darleith Road cannot be widened • The painting of give-way markings is considered an inadequate traffic calming measure. • Darleith Road is unsuitable as the access to the development Impacts on the Core Path • 120 new homes, with parking for 338 cars mean an increased volume of traffic using Darleith Road which is a core path could cause adverse safety impacts on the public exercising access rights. Comments on Road Safety • Development would increase pressure on the road network of the village, in particular Darleith Road, and Muirend Road (as the only other exit onto the Min road) • Darleith Road is unsuitable for any more traffic. • The development traffic in addition to school traffic would make the area congested and noisy • Unacceptable that Darleith Road includes no footway provision • Concern for road safety due to construction traffic • Barr’s Road has parked cars and the increase in traffic is a safety concern • Proposal is contrary to LDP road policies due to a lack of a separate public footpath provision • Barr’s road and Darleith road are unsuitable for the increase in vehicular traffic • Query as to why the site plan shows a “future link provision” from the internal vehicle route near to Barr’s Road and the private track. • Queries regarding the traffic survey collected and the methods used. • No suitable access to the development Officer Comment: The AMSC submission before the Council is to discharge conditions 2,3,6,7,8,9,11,12,13,15, 16 and 17 of consent 18/01444/PP (DPEA REF: PP-130-2071) and do not relate to condition 04. Therefore objections/concerns related to condition 04 matters (Darleith Road Access arrangements) are not relevant to the matters which form part of this AMSC application and are therefore not material to its consideration, That the applicant wishes to discharge the conditions relating to primarily onsite layout, landscaping and the access arrangements for Barr’s Road, as is required by the permission is a matter of planning process. Page 7
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Template Reviewed Feb 2023 Road safety concerns which are not connected to condition 04 and which relate the internal layout of the scheme and works proposed at Barr’s Road, and general roads safety associated with the construction of the development are addressed in the commentary associated with the relevant layout conditions within the Report. Comments on Flooding and Drainage • Concern that the additional single SUDS is not enough capacity to deal with the surface water arising from the development. • Concern regarding surface water arising from the proposal being offset to the lower part of the village causing adverse impacts • Proposal would exacerbate existing drainage infrastructure problems within the area. • Concern that the proposal would exacerbate flooding issues in the area • Queries relating to the flooding statements included within the supporting documentation. • Climate change must be considered. • Query regarding whether the existing network between the site and the public waste water treatment works have the capacity to accommodate the development waste. Officer Comment: The application is supported by the necessary technical information on such matters. The Council’s flooding and drainage advisor is content that the submitted details submitted comply with necessary technical standards. Comments on Waste • Query regarding the positioning of the refuse collection point location and whether the van would drive up the Private Drive to access it. Officer Comment: A layout plan showing bin store and collection locations has been provided and Roads and amenity services raise no concerns over this. Comments on Biodiversity • Geilston Gardens is a haven for wildlife- has the impact of the development taken account of the ecosystem? • The applicant should be made aware of Japanese knotweed close to the drainage channels in the southeast corner of the site. Officer Comment: The Council’s Biodiversity advisor raises no objection to the proposals and is content that the biodiversity requirements have been properly addressed. Officers are content that the scheme is compliant with biodiversity objectives and the Council’s Biodiversity Action Plan and that no adverse impacts upon Geilston Gardens will occur. An informative in respect of Japanese Knotweed is proposed as this is controlled under other legislation. Comments on Archaeology • Note that the recent archaeology survey report recommended further assessment. • This is an area of archaeological significance and the remains of a later prehistoric enclosed settlement have been discovered, which would be destroyed by the development. Officer Comment: WOSAS have confirmed that they are content with the condition discharge submissions. Comments on Construction Page 8
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Template Reviewed Feb 2023 • Construction will cause noise pollution affecting the residents of the area. • Concern regarding construction traffic impact access to adjacent properties Officer Comment: It is unavoidable that some noise and disturbance will be caused to some residents during construction. This is an unavoidable consequence of building new development near to existing houses and is not a matter which would warrant the refusals of the current AMSC submission on what is an allocated housing site. The transient nature of any disturbance is considered to be vastly outweighed by the benefits of providing new housing, both market and affordable given the Housing Emergency. Comments on School and Infrastructure • How will the school cope with the additional pupils/ School is at capacity • Car parking within village and railway will need to be increased. • Scale of development is too big for the site and location. Officer Comment: This is a long standing housing allocation site where planning permission has already been granted. The development is of an appropriate scale and density for the site and meets all council standards within LDP 2015. Indeed, the number of units proposed, at 120, is below the nominal allocation number of 158 units and planning permission has already been granted for the development of the site. Comment on the substation • Concern regarding the proximity of the proposed substation to the residential dwellings outwith the site and the impact on health and amenity. Officer Comment: This is not considered to be a matter of any substantive planning weight. Safety associated with the operation of substations is not a matter for the Planning Authority but for the relevant power company and power licensing organisations. Comments on Procedure • Neighbour notifications should have been sent to more than 14 residencies. • Request for a public meeting. • Why is condition 4 not subject to public scrutiny Officer Comment: The Council has no powers to alter the decision notice or change the removal of condition 04 from the requirement for an AMSC submission as the Reporter has determined such a further formal submission is not required. The Council has acted in accordance with Planning Procedures, and in compliance with the terms of the appeal decision. The Council must follow proper procedures and cannot depart from this to favour one party or another. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: No (iii) A Design or Design/Access statement: Yes Page 9
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Template Reviewed Feb 2023 (iv) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: The application is supported by the following technical information: • Drainage Impact Assessment • Biodiversity Net Gain Strategy and checklist • Agent analysis against relevant NPF4 policies • Submission of a Statement of Community Benefit and Cala Community Pledge document, 11th April 2023. Yes (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. 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 12 – Zero Waste NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes NPF4 Policy 20 – Blue and Green Infrastructure NPF4 Policy 21 – Play, Recreation and Support 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 Page 10
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Template Reviewed Feb 2023 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 Connected Places Policy 32 – Active Travel Policy 33 – Public Transport Policy 34 – Electric Vehicle Charging Points Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 36 – New Private Accesses Policy 38 – Construction Standards for Public Roads Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 62 – Drainage Impact Assessments 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 Policy 68 – Housing Greenspace High Quality Environment 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 • Approved Planning Permission and Planning History • ABC Technical Note – Biodiversity (Feb 2017) • ABC Housing Needs and Demand Assessment • ABC Housing Emergency Statement (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: No Page 11
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Template Reviewed Feb 2023 (L) Has the application been the subject of statutory pre-application consultation (PAC): No PAC is not required for AMSC applications. (M) Has a Sustainability Checklist been submitted: Yes (N) Does the Council have an interest in the site: No (O) Requirement for a pre-determination hearing: No The AMSC submissions made by the applicant are considered to be in accordance with necessary technical standards and will result in an attractive housing development in accordance with plan policies. Many of the objections which have been lodged are related to the approved access arrangements on Darleith Road. This does not form part of the application before Members, and in such circumstances it is not considered that a hearing will add value to the consideration of this AMSC application. . (P)(i) Key Constraints/Designations Affected by the Development: N/A (P)(ii) Soils Agricultural Land Classification: Class 3.2 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 (P)(iii) Woodland Will the proposal result in loss of trees/woodland? ☐Yes ☒No. Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (P)(iv) Land Status / LDP Settlement Strategy Page 12
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Template Reviewed Feb 2023 Status of Land within the Application (tick all relevant boxes) ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield (Allocated Housing Site H2002) ABC LDP 2015 Settlement Strategy LDP DM 1 (tick all relevant boxes) ☒Main Town Settlement Area ☐Key Rural Settlement Area ☐Village/Minor Settlement Area ☐Rural Opportunity Area ☐Countryside Zone ☐Very Sensitive Countryside Zone ☐Greenbelt ABC pLDP2 Settlement Strategy (tick all relevant boxes) ☐Settlement Area ☐Countryside Area ☐Remote Countryside Area ☒Helensburgh & Lomond Greenbelt (Allocated Housing Site H2002) ABC LDP 2 Allocations/PDAs/AFAs etc: The site is allocated within LDP 2 for housing development under allocation H2002. (P)(v) Summary assessment and summary of determining issues and material considerations This application is for approval of matters specified in conditions following a permission in principle granted at appeal by a Reporter. This is effectively a formalised system for discharging conditions referenced as Approval of Matters Subject to Conditions (AMSC). Third party representations have been considered in the processing of this AMSC application insofar as they relate to the details of the submission. Those which question the principle of development or question the suspensive planning conditions attached to the Planning Permission in Principle, or relate to road safety concerns associated with Darleith Road are not material to the determination of the application before Members. All of the conditions which require the submission of further information by means of an AMSC have been satisfied by this single application. Following amendments to the proposals in respect of layout and landscape integration, officers are satisfied that the details submitted are acceptable and it is therefore recommended that AMSC approval is granted for discharge of conditions: 2, 3, 6, 7, 8, 9, 11, 12, 13, 15, 16, and 17. No competent reason to object to the approval of the conditional submissions has been identified. (Q) Is the proposal consistent with the Development Plan: Yes (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: The information submitted in respect of each condition is considered acceptable, and satisfy the conditions attached to the planning permission in principle. Page 13
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Template Reviewed Feb 2023 (S) Reasoned justification for a departure to the provisions of the Development Plan Not applicable. (T) Need for notification to Scottish Ministers or Historic Environment Scotland: No Author of Report: David Moore Date: 4.03.24 Reviewing Officer: Sandra Davies Date: 7.03.24 Fergus Murray Head of Development & Economic Growth Page 14
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Template Reviewed Feb 2023 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 23/00144/AMSC (Copy conditions into Uniform Decision Tab) (Refer to Standard Conditions Document) Approved Details and Instructional Conditions: AMSC - Approved Details The development shall be implemented in accordance with the details specified on the application form dated 30.01.23, supporting information and, the approved drawings listed 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. Location Plan: 00289 LP-01 Planning Layout & (Schedule of Accommodation)SOA: 251022 Rev I 2 Bed Semi / End Terrace: AFF-ET-2B PD1 2 Bed semi / Mid Terrace: AFF-MT-2B PD1 3 Bed semi / End Terrace: 3B5PET-PD1.2 Rev A 3 Bed Semi / Mid Terrace: 3B5PMT-PD1.2 Rev A Quarter Villa - Semi Detached: QV-PD1.1-ET1 Rev C Ramsey - Detached RAM-PD1.2 Rev H Ranald IC – Detached RAN-PD1.2-IC Rev I Ranald SE – Detached RAN-PD1.2-SE Rev I Bryce – Detached BRY-PD1.2 Rev G Colville COL-PD1.2 Rev D Crichton – Detached CRI-PD1.2 Rev E Darroch – Detached DAR-PD1.2 Rev F Dewar – Detached DEW- PD1.2SE Rev H Evan – Detached EVA-PD1.2 Garvie – Detached GAR-PD1.2 Rev E Kennedy – Detached KEN-PD1.2B2RH Rev F Lewis – Detached LEW-PD1.2H Rev G Logan – Detached LOG-PD1.2 Rev E Moncrief – Detached MON-PD1.2 Rev G Brodick – Detached BRO-PD1 2 Rev A External Finishes Layout 00289 EF-01 Rev E Development Phasing Plan 00289 PL-05 Rev A Bin Storage and Collection 00289 PL_02 Rev D Landscape Layout and Planting Plan (Sheet 1 of 2) 2063/03 Rev E Landscape Layout and Planting Plan (Sheet 2 of 2) 2063/04 Rev E Planting Plan (Sheet 1 of 5) 2063/05 Rev E Planting Plan (Sheet 2 of 5) 2063/06 Rev E Planting Plan (Sheet 3 of 5) 2063/07 Rev E Planting Plan (Sheet 4 of 5) 2063/08 Rev E Planting Plan (Sheet 5 of 5) 2063/09 Rev E Cardross Play Area 00289 PL_04 Rev 0 Horizontal Geometry 22217-100-100 Rev F Northern Cut Off Ditch Details 22217-500-104 Rev D SUDS Basin Details 22217-500-105 Rev F Drainage Maintenance Regime 22217-500-106 Rev F Overland Flow Route 22217-500-109 Rev C Outline Traffic Calming Along A814 22217-SK-17 Rev D Swept Path Analysis (Refuse) 22704-SK-02 Rev F Swept Path Analysis (Fire) 22704-SK-03 Rev F Page 15
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Template Reviewed Feb 2023 Preliminary Site Levels (300mm FFL Raise) 22704-SK-04 Rev K Drainage Layout Sheet 1 22217-500-100 Rev F Drainage Layout Sheet 2 22217-500-101 Rev E Surface Water Management Plan 1 Rev E Three Pipe System 22217-SK-20B Rev B Affordable Housing - Combined Plans and Elevations Sheet 1 00289-AFF_C01 Rev B Affordable Housing - Combined Plans and Elevations Sheet 2 00289-AFF_C02 Rev A Brodick Handed 22 PD1 2H Rev A Bryce Handed BRY-PD1 2H Rev G Cleland Handed CLE PD1 2H Rev F Close Coupled Substation GTC E SS 0011 R2 1 (1 of 1) Colville Enhanced Stone COL PD1 2 Rev E Colville Enhanced Stone Handed COL PD1 2H Rev E Crichton Handed CRI PD1 2H Rev E Darroch Handed DAR PD1 2H Rev F Evan Handed EVA PD1 2H Garvie Handed GAR PD1 2H Rev E Kennedy Handed PD1 2verB2RH Rev F Lewis Handed LEW PD1 2H Rev G Logan Handed LOG PD1 2H Rev E Moncrief Handed MON PD1 2H Rev G Ramsay Handed RAM PD1 2H Rev H Driveway Visibility Splay 22217-SK-24 Rev E Driveway Swept Path Analysis 22217-SK-25 Rev A Barr’s Road Traffic Calming Proposals 22217-SK-31 Rev A Approved Supporting Documentation and Technical Reports Scheme for affordable housing (27.01.23) Drainage Strategy Report Issue 3 (07.07.23) Planning Condition 11 Memo (Cut off ditch) (27.01.23) Archaeological Field Evaluation (AFE) (27.01.23) Site Waste Management Plan (27.01.23) Geilston Burn Flood Study RP 4 22217 Issue 2 (07.07.23) RSA Letter Darlieth Rd Cardross (27.07.23) Landscape Planting and Maintenance (27.01.23) Biodiversity Statement (Updated) (06.03.24) Statement of Community Benefit (26.10.23) Cala Community Pledge (26.10.23) Biodiversity Measures Checklist (26.10.23) Barr’s Road Roads Safety Audit (RSA) (5423) (26.10.23) Biodiversity Memo (31.01.24) 2 Unless otherwise agreed, the play area shall be completed and brought into use within 6 months of completion of the final unit. Reason: In order to secure the provision of an equipped play area within the development in accordance with the minimum standards are set out in the Local Development Plan. 3. Unless otherwise agreed, planting and landscaping associated with each phase shall be completed by the end of the planting season following the completion of each phase as shown on the approved Build Route and Development Phasing Plan. All other landscaping which falls outwith the phased areas shall be completed by the end of the planting season following the completion of development. Any landscaping which fails Page 16
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Template Reviewed Feb 2023 to become established, which is diseased, dies or is removed, shall be replaced in the following planting season with equivalent numbers and species as those originally required to be planted. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 4 All landscape works/ maintenance shall be carried out in accordance with the methodology and objectives set out in the submitted Biodiversity Statement (06.03.24). Reason: To ensure the long term management of the landscaping and communal areas continue to protect and promote biodiversity improvements inherent in the details being approved. Page 17
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Template Reviewed Feb 2023 NOTE TO APPLICANT • This permission should be read in conjunction with the terms and conditions of the Planning Permission in Principle to which it relates (PPA-130-2071) and permission 23/00145/PP in which permission variation in the height of floor levels was approved as part of a Section 42 application. Officers advise that there will be a requirement to implement and approved development under a single approved permission. • This permission will last for two years from the date of this decision unless the development has been started within that period. In the event that the requisite approval of different matters relating to the Planning Permission in Principle are sought and approved at a later date, then the time period for expiry of this permission would then run concurrently with that of any subsequent decision. [See section 59 of the Town and Country Planning (Scotland) Act 1997 (As Amended).] • In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed. • Japanese Knotweed has been reported on or near this site. It is a highly invasive weed that is capable of structural damage. Disturbance will cause it to spread and its movement is controlled by non planning legislation. Under the Wildlife and Countryside Act 1981 it is illegal to cause it to spread in the wild. You are therefore advised to survey the site for the presence of Japanese Knotweed at an early stage and before any site clearance work and, if found, to formulate plans to control or eradicated it within the terms of related regulation... A link to good practice and Legislative controls is set out in the links below; Guidance for gardeners on invasive or harmful plants | Argyll and Bute Council (argyll- bute.gov.uk) Scotland » NNSS (nonnativespecies.org) Page 18
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Template Reviewed Feb 2023 APPENDIX A – RELATIVE TO APPLICATION NUMBER: 23/00144/AMSC Assessment of Condition Submissions The current AMSC application seeks to discharge conditions: 2, 3, 6, 7, 8, 9, 11, 12, 13, 15, 16, and 17. Below each condition which requires to be discharge is listed and a short Officer evaluation of the submissions is provided, together with a recommendation on whether Officers recommend that the condition should be discharged. 2. Condition No. 2 2.1. Condition No.2 states: 2.1.1. “Pursuant to Condition 1 – no development shall commence in respect of any individual plot until plans and particulars of the site layout, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished ground floor levels relative to an identifiable fixed datum location outwith the application site. These levels shall be at least 0.3 metres to 0.6 metres above finished ground levels. Thereafter the development shall be implemented in accordance with the duly approved details which shall have regard to special needs access requirements established by policies SG LDDP TRAN 3 and SG LDP HOUS 2.” 2.1.2. Reason: To ensure that the development has a layout and design which is compatible with its surroundings and in accordance with Local Development Plan policy. 2.2. Siting: The layout has been altered from the indicative layout presented at the outline stage due to the topography of the site. The amended layout comprising 120 houses is below the indicative number of units within the site allocation within LDP 2 where 158 units are allocated. It is considered by Officers that this less dense layout is more sympathetic to the transitional nature of the site from the urban edge of Cardross to the more rural environs of its locality to the North West and East. An alteration to the initial layout on the eastern edge of the site was requested by Officers as the site fronts Barr’s Road. 2.3. The previous line of 8 properties facing Barr’s Road on the eastern edge of the site road (as set out in the original layout submitted) were considered to represent a potential road safety risk by the Area Roads Engineer. In addition, Planning Officers considered that the design presented a hard and unsympathetic suburban edge to the site which would appear discordant and out of context. The amended layout has both softened this edge and allowed for more comprehensive landscaping to be accommodated along this eastern edge, whilst also addressing road safety concerns. The amended layout is therefore considered to be an improvement in terms of placemaking objectives and also road safety matters. 2.4. Necessary formal and informal open space and plot ratio standards have been met by the revised layout. In respect of adhering to placemaking objectives, Officers would comment as follows: • Development should (3.1) ‘respect existing landforms and development patterns, and the amenity of other dwellings. Southerly aspect and shelter should be Page 19
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Template Reviewed Feb 2023 maximised. Clues can often be gained from old houses as to the best orientation for a new building, relative to shelter and aspect.’ Officers consider that the layout proposed respects the characteristics of the site and facilitated an acceptable integration of the development into its locality. The development will not adversely impact the amenity of any adjoining residential dwellings and will in officers’ opinion represent a high quality and acceptable development within its local context. . • Location: new housing must reflect or recreate the traditional building pattern or built form and be sympathetic to the setting landmarks, historical features or views of the local landscape. The local area has a variation of development styles and densities of development. The proposals is considered to represent an attractive and appropriate density and layout. The proposals will not adversely impact on any historic features or views of sensitive landscape. It should also be acknowledged that this is an identified housing site and the density of the proposed scheme is below that allocated in the LPD providing a more spacious and landscaped scheme to assist integration at this transition from town to countryside. • Access: should be designed to maximise vehicular and pedestrian safety and not compromise the amenity of neighbouring properties. In rural areas, isolated sections of urban-style roads, pavements and lighting are best avoided. The proposals are directly connected to existing development to the south and proposed new development to the west. The dwellings along Barr’s Rd will take access from an existing low traffic road which provides through access to residential and farm users. The proposals include improvements to Barr’s Road, with traffic calming measures, improved road surfacing, and provision of pedestrian footways connecting the development into the wider development to the west. The Area Roads Engineer is content that the revised proposals represent a safe and technically compliant layout for pedestrians and road users. • Layout: must reflect local character/patterns and be compatible with neighbouring uses. Ideally the house should have a southerly aspect to maximise energy efficiency. There are no neighbouring uses that are incompatible with the proposed pattern of residential development. No defined local character has been found and the proposals is considered to represent an acceptable density and layout for the site and its environs. All houses will be constructed to modern energy efficiency standards as required by the Building Regulations. • Design: The scale, shape and proportion of the development should respect or complement the adjacent buildings and the plot density and size. Colour, materials and detailing are crucial elements to pick up from surrounding properties to integrate a development within its context. The proposals are consistent with housing types, colour, materials, plot densities and sizes found in the immediate area which has no defined or dominant characteristics. The direct connectivity between existing residential development and the proposals will ensure excellent integration with the surround context and reflected the allocated site within the LDP having good access to facilities and integration with the existing settlement. • Proposed external material finish: Three colours of render are proposed. The render is wet dash render coloured Stratherm Carilse (a reddish render), Stratherm Kenal (an oatmeal colour) and Stratherm Torbay (a cream colour). Cast iron effect ogee gutters; Page 20
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Template Reviewed Feb 2023 Cupa slate roofs, Oak external doors, two pane uPVC Windows, Keinton square dressed stone for front bay detailing are proposed. It is proposed that there be solid mullions between the two vertical windows. The details provided will in Officers opinion provide attractive external finishes for the homes and are therefore acceptable. • Levels: The requirements of condition 02 in respect of the indicated levels within this condition are confirmed by submission to have been met. Acceptable levels details were submitted which meet the minimum height standards and accord with DDA and therefore this element of the development is considered acceptable. 2.5. The proposed details submitted in respect of Condition 2 are considered to be acceptable and this condition has been satisfied. 3. Condition No.3 3.1. Condition No.3 states: 3.1.1. “Pursuant to Condition 1 no development shall commence until a scheme for the provision of affordable housing that is in accordance with the provisions of the Council’s Development Plan Policy and Supplementary Guidance on Affordable Housing has been submitted to and approved in writing by the Planning Authority. The scheme shall include: a) Provide that a minimum of 25% of the approved dwellings are affordable homes; b) Define those dwelling that are to be used as affordable homes; c) Established the timing of the provision of the affordable homes relative to the phasing of the development, which shall ensure that works on the last 25% of those approved dwellings that are not affordable homes are not commenced until the affordable homes have been completed for occupation; d) Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers. The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing. Reason: To accord with the provisions of the development plan in respect of affordable housing provision. 3.2. The details provided indicate that of the 120 houses proposed 30 of these will comprise affordable housing units. This is in accordance with the requirements of the condition and council policy. In respect of the phasing of the construction of the units and compliance with the requirements of the condition. It has been clarified in the Planning Statement Submission Dated January ( Paragraphs 4.11 – 4.13) submissions that; ..work will not commence on the 75th Private unit until the 30no. Affordable Housing units have been completed for occupation.. Dunbritton Housing Association is the allocated Registered Social Landlord (RSL) for the site and they have confirmed that the proposed affordable provision satisfies their requirements, and that the programme of delivery as illustrated on Build Route and Development Phasing Plan 00289 PL-03 is acceptable. This is further detailed in the accompanying Scheme for Affordable Housing letter from Dunbritton Housing Association. It is therefore considered that the criteria of condition 3 are satisfied. Officers are content that this ties the phasing and affordable housing provision commitments together in an appropriate manner. Page 21
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Template Reviewed Feb 2023 3.3. . This condition is considered to be satisfied. 4. Condition No.6 4.1. Condition No.6 states: 4.1.1. “Pursuant to Condition 1- no development shall be commenced until the following plans and particulars have been submitted to and approved by the Planning Authority in consultation with the Road Network Manager. Thereafter the schemes shall be carried out in accordance with the approved details. Such details shall incorporate: i) On the A814 Main Road, Cardross, a scheme to enhance the gateway features in both directions at the entrances into Cardross village to be fully implemented in accordance with these details prior to occupation of the first dwelling house. ii) On the A814 Main Road, Cardross, within the village envelope a scheme to enhance traffic calming to be fully implemented in accordance with these details prior to occupation of the first dwelling house. 4.1.2. Reason: In the interests of road safety. 4.2. The details in pursuant to this condition have been submitted and are considered by the Area Roads Engineer to be acceptable. 4.3. Therefore the requirements of Condition 06 are considered to have been satisfied 5. Condition No.7 5.1. Condition No.7 states: “ Pursuant to Condition 1 – no development shall commence until full details of the internal road layout within the development have been submitted to and approved in writing by the Planning Authority. The development layout shall ensure that no more than 20 dwelling houses will be served from the east access i.e. via Barr’s Road. All other vehicular traffic will be required to access the development site from Darleith Road. The internal roads shall be constructed in accordance with the principles of Designing Streets.” 5.1.1. Reason: In the interests of road safety and good placemaking. 5.2. Members will note that the Area Roads Engineer was not content with the original Barr’s Road frontage layout in the originally submitted layout from a road safety stance. Through discussions both the housing layout and traffic calming have been altered to accord with the requirements of the Area Roads Engineer. The revised layout has six houses being served from Barr’s Road and enhanced traffic calming and pedestrian safety measures at the footpath access and egress as this will be the main pedestrian route in and out of the site to school, shops and the train station/main bus routes. 5.3. The proposals are therefore considered to be in accordance with this condition. 6. Condition No.8 6.1. Condition No.8 states: Page 22
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Template Reviewed Feb 2023 “Pursuant to Condition 1 – Car parking provision shall be provided in accordance with the Argyll and Bute Council Supplementary Guidance Policy SG LDP TRAN 6. Parking provision shall be constructed and made available for use prior to the first occupation to the dwelling(s) to which it relates and shall be maintained thereafter for the parking of vehicles.” 6.1.1. Reason: In the interests of road safety. 6.2. The Area Roads Engineer has confirmed that the car parking provision, including those for visitors required by LDP 2 within the submitted layout is in accordance with required standards. 7. Condition No.9 7.1. Condition No.9 states: 7.1.1. “Pursuant to Condition 1 – no development or ground breaking works shall commence until an archaeological field evaluation has been undertaken and submitted to the Planning Authority for approval, the results of which shall inform as necessary the layout of the development to be submitted for the purposes of the Approval of Matters Subject to Conditions. This archaeological field evaluation shall be prepared by a suitably qualified person and shall consist of a trial trenching programme of a distributed sample of 8% of the full application area. The West of Scotland Archaeology Service shall be notified at least 14 days in advance of the evaluation in order to facilitate monitoring of the work evidence of which to be submitted along with the archaeological field evaluation as part of the Approval of Matters Specified in Conditions submission. If archaeological remains on site are confirmed, proposals for their preservation shall also be included.” 7.1.2. Reason In order to protect archaeological resources. 7.2. An Archaeological Field Evaluation has been submitted in pursuant to this condition. The West of Scotland Archaeological Service, confirms that the field work required on site has been completed, and the required post excavation and publication work is now secured. As no further archaeological work is required for this development, the condition can be satisfactorily discharged. 8. Condition No.11 8.1. Condition No.11 states: 8.1.1. “Pursuant to Condition 1 – no development shall commence until the following details have been submitted to and approved in writing by the Planning Authority: i) Details of the proposed cut off ditch (or similar) to be located along the northern border of the site, along with calculations demonstrating that this proposed mitigation measure will not exacerbate flooding elsewhere; ii) The existing flow pathway in the vicinity of the sewer line shall be maintained; iii) A detailed drainage assessment and layout; iv) Method Statement detailing the surface water containment during construction.” Reason: In order to ensure appropriate mitigation for flood risk. Page 23
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Template Reviewed Feb 2023 8.1.2. The details in pursuant to this condition have been supplied with necessary design details and engineering calculations. The Council’s Flood Risk Advisor has reviewed the submissions and has advised that he considers they meet required technical standards. 8.1.3. The concerns expressed by the Community Council on drainage have been put to the Councils expert advisor following their objections. His advice remains that the submitted proposals are in accordance with necessary technical standards. The submitted details are therefore considered acceptable and the condition can therefore be discharged. 9. Condition No.12 9.1. Condition No.12 states: “Pursuant to Condition 1 – full details of the proposed SUDs shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall commence in accordance with these details. These details shall include: i) Full details of the proposed design and appearance of the SUDs facility to be designed in accordance with CIRIA C753; ii) Detailed design calculations for this facility; iii) Details of the proposed drainage of the SUDs facility; iv) Details of the proposed maintenance regime and maintenance responsibilities for the SUDs facility; v) Soil information to be provided if infiltration SUDs are proposed.” Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. 9.1.1. The details in pursuant to this condition have been supplied with necessary design details and engineering calculations. The Council’s Flood Risk Advisor has reviewed the submissions and has advised that he considers they meet required technical standards. The submitted details are therefore considered acceptable and the condition can therefore be discharged. 9.2. Regarding maintenance, the Flood Risk Advisor confirms that the proposed maintenance regime and responsibilities as outlined within the supporting information are acceptable. 10. Condition No.13 10.1. Condition No.13 states: “Pursuant to Condition 1 – no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved 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. This shall include details of a secure boundary between the application site and the disused quarry on the south west corner of the site; 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; Page 24
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Template Reviewed Feb 2023 vi) The proposed landscape plan shall take account of the Design Recommendations (para 4.8) contained within the applicant’s supporting Landscape Report dated June 2015, undertaken by Ann Nevett. 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 the Planning Authority. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity. 10.2. Detailed landscaping and planting plans have been submitted. These show that a large number of new trees are proposed to be planted on the site. Following the contractor’s period for maintenance the supporting landscape information notes that a management company will be set up to take care of the long term maintenance. 10.3. The landscaping scheme and overall strategy is also a vital component in providing biodiversity opportunities associated with the development. The initial landscaping scheme was considered acceptable by the biodiversity Officer , however officers considered that as part of the redesign of the Barr’s Road frontage, that there were opportunities for further enhancement associated with the redesign of the eastern boundary to meet the objectives of the updated Biodiversity Strategy which clarified that the landscaping proposals were designed to facilitate the Creation, maintenance, and enhancement of indigenous hedgerows for biodiversity; Creation and maintenance of amenity hedgerows for biodiversity; Creation, maintenance and enhancement of woodland, scattered trees, and shrubs for biodiversity; Creation and maintenance of wildflower meadows for biodiversity; Creating early and continuing sources of nectar for pollinators through planting; Providing and maintaining hibernacula for a wide range of species; Installation of hedgehog highways for biodiversity; Creation and maintenance of SuDS ponds for biodiversity; Creation of wildlife kerbs adjacent to gully pots; and Use of wildlife friendly lighting. 10.4. The submitted details are considered to meet these objectives. Members will note that an instructional condition requiring that the future maintenance of the landscaping and wildlife areas continues in accordance with the terms set out in the Biodiversity Strategy has been proposed to ensure the longer term maintenance of these landscape features in accordance with biodiversity objectives. 11. Condition No.15 11.1. Condition No.15 states: 11.1.1. “Pursuant to Condition 1 – no development shall commence until details for the provision and maintenance of proposed areas of communal open space and equipped play areas(s) within the development have been submitted to and approved by the Planning Authority. The details shall comprise: Page 25
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Template Reviewed Feb 2023 i) A plan showing the location and extent of communal open space and equipped play areas; ii) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit; iii) Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors); iv) Proposals for the timing of the implementation of the play areas(s) in relation to the phasing of the development; v) A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on- going inspection, recording and procedures for detailing with defects. The communal open space and equipped play area(s) shall be provided in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter.” Reason: In order to secure prevision of communal open space and equipped play areas within the development in accordance with the minimum standards set out in the Development Plan. 11.2. The submitted site plan identifies three dedicated communal open space areas and one equipped play area, located centrally within the development. The locations of the communal areas and play area benefit from passive surveillance by fronting properties and provides a total of 2,140sqm of communal open space and 730sqm of equipped play space which exceed policy requirements. Officers were however of the opinion that the original play equipment proposed did not reflect the more natural equipment currently being used which promotes play to a wider range of children and allows older children more play opportunities. The applicant has amended the submitted play area details to accord with these views. This is considered by officers to now reflect modern design objectives and is considered to be acceptable. 11.3. The submitted Landscape Maintenance Information establishes the provision for the on- going retention and maintenance of communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on-going inspection, recording and procedures for dealing with defects. The applicant has advised that this will be undertaken through a Factor or Management Agent appointed by the developer prior to completion of the development in accordance with normal practice for such developments. Taking account of the above, it is considered that condition no. 15 can be discharged 12. Condition No.16 12.1. Condition No.16 states: “Pursuance to Condition 1 – no development shall commence until details for the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick-up by refuse collection vehicles, have bene submitted to and approved in writing by the Planning Authority. Thereafter the duly approved provision shall be implemented prior to the first occupation of the dwellings which it is intended to serve.” Reason: In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with Policy SG LDP SERV 5 (b). Page 26
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Template Reviewed Feb 2023 12.2. The details in pursuant to this condition identify in curtilage and communal waste storage and safe collection points for refuse vehicles. A swept path analysis for refuse vehicles confirms are able to safely manoeuvre within the site to the collection points. Details have been submitted and the Area Roads Engineer has advised that these are acceptable. There for the condition can be discharged. 13. Condition No.17 13.1. Condition No.17 states: “Pursuant to Condition 1 – no development shall commence until a Site Waste Management Plan has been submitted to and approved in writing by the Planning Authority. The provisions of this plan shall be adhered to during the construction period unless any subsequent variation thereof is agreed in writing by the Planning Authority. Reason: In order to ensure the minimisation of waste generated during construction in accordance with Policy SG LDP SERV 5 (b). 13.2. A Site Waste Management Plan has been submitted in pursuant to Condition No.17 which aims to: minimise the creation of waste, appropriately manage any waste created to achieve legal compliance and a reduction in waste going to landfill, identify waste for re-use or recycling and set targets for improvement, and continual review of waste practices. The site waste management plan is to be adhered to throughout the construction period of the development. 13.3. The procedures set out in this plan are considered by officers to be in accordance with best practice and will minimise waste and both the export and import of materials to the site. The submitted Waste Management plan is therefore considered to be acceptable and the condition has been satisfied. Page 27
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Template Reviewed Feb 2023 Appendix B Representations in relation to 23/00144/AMSC Objection Alec Major 41 Hillside Road Cardross G82 5LU Alexandra Easton 10 Napier Avenue Cardross Argyll And Bute G82 5LY Anthony Amato-Watkins The Stables Barrs Road Cardross Dumbarton Argyll And Bute Avril Williams Kirkton Farm Cottage Darleith Road Cardross Dumbarton Brian Craven 1 Kilmahew Grove Cardross Dumbarton Argyll And Bute Candy Lee The Stables Barrs Road Cardross Dumbarton Carol Murray No Address Provided. Carol Murray (Borrowfield) No Address Provided Caroline Forbes Barrs Road Cardross Charles Morrish 7 Kilmahew Avenue Cardross Dumbarton Argyll And Bute Charlotte Francoz Hillview Darleith Road Cardross Dumbarton Chris Moore 17 Napier Avenue Cardross Dumbarton Argyll And Bute Christine A Nevin 32 Hillside Road Cardross Dumbarton Argyll And Bute Claire Blackwood Kirkton Cottage Darleith Road Cardross Dumbarton Claire McGonagle Address Not Provided. Colin Clarke Barbain Church Avenue Cardross Dumbarton Corrie Smith 8 Riverview Crescent Cardross G82 5LT David Galloway No Address Given Dawn Brown 11 Mill Road Cardross Dumbarton Argyll And Bute Donald John Mac Innes 1 Barrs Court Cardross Dumbarton Argyll And Bute Duncan Gregory Middle Lodge Drumhead Darleith Road Cardross Dumbarton Argyll And Bute Edmund Wardle Drumhead Darleith Rd Cardross Eileen Murray 6 Napier Avenue Cardross Dumbarton Argyll And Bute Elaine Lafferty No Address Provided Elizabeth Gregory Middle Lodge Drumhead Darleith Road Cardross Dumbarton Argyll And Bute Elspeth Gibb No Address Provided Emily Howell No Address Provided Emma Mcpherson 32 Barrs Road Cardross Dumbarton Argyll And Bute Eric Duncan 11A Muirend Road Cardross Argyll And Bute G82 5LQ Erin Gregory Middle Lodge Drumhead Darleith Road Cardross Dumbarton Argyll And Bute Fiona Allyson Preston Darleith Lodge Darleith Road Cardross Dumbarton Argyll And Bute Forbes Hart Barrs Road Cardross Gary Davidson Inverawe Station Road Cardross Dumbarton Argyll And Bute Gillian Macdonald No Address Provided. Grace Morrish 7 Kilmahew Avenue Cardross Dumbarton Argyll And Bute H Munro 12 Borrowfield Cardross Dumbarton Argyll And Bute Henry Boswell Darleith House Darleith Road Cardross Dumbarton Argyll And Bute Henry Sweeney Upper Grayfriars Darleith Road Cardross Dumbarton Argyll And Bute Page 28
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Template Reviewed Feb 2023 Ian Fleming 1 Kilmahew Avenue Cardross Dumbarton Argyll And Bute Isabel S Cullen No1 Cottage Brooks Road Cardross G82 5HD Jackie Baillie 11 Castle Street Dumbarton G82 1QS Jay Thundercliffe No Address Provided Jean Senior 107 East Princes Street Helensburgh Argyll And Bute G84 7DN Jean Veitch 3 Barrs Court Cardross Dumbarton Argyll And Bute Jennifer Mansley Kirkton Granary Darleith Road Cardross Dumbarton Argyll And Bute Joanna Boswell Darleith House Darleith Road Cardross Dumbarton Argyll And Bute John Hamilton 7A East Argyle Street Helensburgh Argyll And Bute G84 7RS John Watkins Darleith Stables House Darleith Road Cardross Dumbarton Argyll And Bute John Young John Young 5 Kilmahew Avenue Cardross Dumbarton Argyll And Bute Julie Lang Ellismhor Darleith Road Cardross Dumbarton Juliet Lunn Geilston Cottage Main Road Cardross Dumbarton Argyll And Bute Karen Moriarty Milnholm Darleith Road Cardross Dumbarton Argyll And Bute Karen Veitch Thomson 5 Burnfoot Cardross Dumbarton Argyll And Bute Katie Mitchell 5 Kilmahew Drive Cardross Dumbarton Argyll And Bute Kirstie Dubojski Tigh Na Mara Peel Street Cardross Dumbarton Argyll And Bute Linda Scott Laigh Barrs Main Road Cardross Dumbarton Argyll And Bute Madeleine Badger Green Cottage Darleith Road Cardross Dumbarton Argyll And Bute Mark McGhee 32 Muirend Road Cardross Dumbarton Argyll And Bute Martha Hart Full Address Not Provided Matthew Scott Laigh Barrs Main Road Cardross Dumbarton Argyll And Bute Mavourneen Watkins Darleith Stables House Darleith Road Cardross Dumbarton Argyll And Bute Melanie Thomson Burnside Cottage Main Road Cardross Dumbarton Mhairi Cooper 13 Napier Avenue Cardross Dumbarton Argyll And Bute Mhairi Terrace Westlade North Darleith Road Cardross Dumbarton Argyll And Bute Michael Hutcheson 30 Barrs Road Cardross Dumbarton Argyll And Bute Mr Michael Veitch 3 Barrs Court Cardross Dumbarton Argyll And Bute Michael Veitch 3 Barrs Court Cardross Dumbarton Argyll And Bute Michael Veitch 3 Barrs Court Cardross Dumbarton Argyll And Bute Moira Craven 1 Kilmahew Grove Cardross Dumbarton Argyll And Bute Morag Elliott East Lodge Drumhead Darleith Road Cardross Dumbarton Argyll And Bute Nicola Craise Glen Cottage Carman Road Cardross Dumbarton Argyll And Bute Paul Robb 11 Napier Avenue Cardross Dumbarton Argyll And Bute Paula Grafton 27 Kilmahew Avenue Cardross Dumbarton Argyll And Bute Peter McPherson 32 Barrs Road Cardross Dumbarton Argyll And Bute Philip Barlow Kirkton Cottage Darleith Road Cardross G82 5EZ R Gerard Lindsay Address Not Provided. Rob Irving Creran Church Avenue Cardross Dumbarton Robert Harvey Barrachan Darleith Road Cardross Dumbarton Argyll And Bute Page 29
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Template Reviewed Feb 2023 Robert Murray 6 Napier Avenue Cardross Argyll And Bute G82 5LY Rosemary Wilson High Auchensail Farm Cardross Dumbartonshire G82 5HN Scott Elliott No Address Provided Sharon Creasey Quarry Cottage Darleith Road Cardross Dumbarton Argyll And Bute Stella Kinloch Craigend Cardross Dumbarton Argyll And Bute Stephen Allcroft 15 Barrs Road Cardross Dumbarton Argyll And Bute Stewart Macdonald Kirkton House Darleith Road Cardross Dumbarton Argyll And Bute Stewart McKenna Maxwell 2 Kilmahew Court Cardross Dumbarton Argyll And Bute Susan Gregory Beacons, Victoria Road Kingsdown Deal CT14 8DY Tom McInally 16 Robertson Street Glasgow G2 8DS William Major 41 Hillside Road Cardross Dumbarton Argyll And Bute Representation Amanda Murray Drumhead Darleith Rd Cardross Argyll Andrea Miller Cameron Lodges The Stable Block Cameron House On Loch Lomond, Dunbartonshire G83 8QZ Christine Hendry No Address Provided David Sargent No Address Provided. Francine Ewen 8 Ritchie Avenue Cardross G82 5LN Gordon Hendry No Address Provided. Jackie Baillie Constituency Office 11 Castle Street Dumbarton G82 1QS Janet Smith 3A Bainfield Road, Cardross, G82 5JQ Michael Veitch No Address Provided. Ruth Lightbody 43 Barrs Road Cardross G82 5PR Page 30
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Ref: ABH1/2009 ARGYLL AND BUTE COUNCIL PROCEDURE NOTE FOR USE AT HYBRID DISCRETIONARY HEARING HELD BY THE PLANNING, PROTECTIVE SERVICES & LICENSING COMMITTEE 1. Hybrid meetings are those that will involve a physical location and facilitate attendees joining virtually if they wish. 2. The Executive Director with responsibility for Legal and Regulatory Support will notify the applicant, all representees, supporters and objectors of the Council’s decision to hold a Hearing and to indicate the date on which the hearing will take place. The hearing will proceed on that day, unless the Council otherwise decides, whether or not some or all of the parties are represented or not. Statutory consultees (including Community Councils) will be invited to attend the meeting to provide an oral presentation on their written submissions to the Committee, if they so wish. Details on how interested parties can access the meeting will be referenced within the same notification. 3. On receipt of the notification the applicant, all representees, including supporters and objectors will be encouraged to appoint one or a small number of spokespersons to present their views to concentrate on the matters of main concern to them and to avoid repetition. Parties who wish to speak at the meeting shall notify Argyll and Bute Council no less than 2 working Days (excluding public holidays and weekends) prior to the start of the meeting. This is to facilitate remote access (see note 1) and the good conduct of the meeting. 4. The Executive Director with responsibility for Legal and Regulatory Support will give a minimum of 7 days’ notice of the date and time for the proposed Hearing to all parties. 5. The hearing will proceed in the following order and as follows. 6. The Chair will introduce the Members of the Committee, confirm the parties present who have indicated their wish to speak and outline the procedure which will be followed. It is therefore imperative that those parties intending to speak join the meeting at its commencement. 7. The Executive Director with responsibility for Development and Economic Growth’s representative will present their report and recommendations to the Committee. Page 33
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Ref: ABH1/2009 8. The applicant will be given an opportunity to present their case for approval of the proposal and may include in their submission any relevant points made by representees supporting the application or in relation to points contained in the written representations of objectors. 9. The consultees, supporters and objectors in that order (see note 1), will be given the opportunity to state their case to the Committee. 10. All parties to the proceedings will be given a period of time to state their case (see note 3). In exceptional circumstances and on good cause shown the Committee may extend the time for a presentation by any of the parties at their sole discretion. 11. Members of the Committee only will have the opportunity to put questions to the Executive Director with responsibility for Development and Economic Growth’s representative, the applicant, the consultees, the supporters and the objectors. 12. At the conclusion of the question session the Executive Director with responsibility for Development and Economic Growth’s representative, the applicant, any consultees present, the supporters and the objectors (in that order) will each be given an opportunity to comment on any particular information given by any other party after they had made their original submission and sum up their case. 13. If at any stage it appears to the Chair that any of the parties is speaking for an excessive length of time he/she will be entitled to invite them to conclude their presentation forthwith. (see note 3) 14. The Chair will ascertain from the parties present that they have had a reasonable opportunity to state their case. 15. The Committee will then debate the merits of the application and will reach a decision on it. No new information can be introduced after the Committee begins to debate. 16. The Chair or the Governance Officer on his/her behalf will announce the decision. 17. A summary of the proceedings will be recorded by the Committee Services Officer. NOTE (1) If you wish to speak at the hearing you will require to notify the Committee Services Officer no less than 2 working Days (excluding public holidays and weekends) prior to the start of the meeting. This is to facilitate remote access if required and the good conduct of the meeting. Page 34
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Ref: ABH1/2009 In the event that a party wishes to speak to a visual presentation, this requires to be sent to Committee Services no less than 2 working days (excluding public holidays and weekends) before the commencement of the Hearing; this will not be shared with other parties prior to the meeting but will ensure its availability for the commencement of the Hearing. The Committee Services Officer will control the slides under explicit instruction from the spokesperson(s), it would therefore be helpful if the slides were individually numbered. It would also be helpful if the file size of the presentations is kept to a minimum to mitigate against any potential IT issues – guidance can be provided if required. If it is your intention to join the hearing to observe the proceedings, please advise the Committee Services Officer no less than 2 working Days (excluding public holidays and weekends) prior to the start of the meeting to facilitate remote access if required. (2) Councillors (other than those on the Committee) who have made written representations and who wish to speak at the hearing will do so under note 1 above according to their representations but will be heard by the Committee individually. (3) Recognising the level of representation the following time periods have been allocated to the parties involved in the Hearing. For the avoidance of doubt the time allocated will be per party and will include for example all supporters/objectors in the half hour slot except where additional time is agreed by the Chair. The representative of the Executive Director with responsibility for Development and Economic Growth – not more than half an hour The Applicant - not more than half an hour. The Consultees - not more than half an hour. The Supporters - not more than half an hour. The Objectors - not more than half an hour. (4) The purpose of the meeting is to ensure that all relevant information is before the Committee and this is best achieved when people with similar views co-operate in making their submissions. (5) Everyone properly qualified as a representee recorded on the application report who wishes to be given an opportunity to speak will be given such opportunity subject to the requirements for notice herein. (6) Should, for any reason, Members of the Committee who are joining remotely lose connection or have any technical issues during the meeting, they will be asked to contact the Governance or Committee Support officer, if possible, by email or instant message. A short adjournment may be taken to try and resolve the connection. If the Members of the Committee are unable to re-join the meeting and a quorum still exists then the meeting will continue to proceed. If a Page 35
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Ref: ABH1/2009 quorum does not exist the meeting will require to be adjourned. For the avoidance of doubt Members of the Committee have to be present for the whole hearing in order to take part in the decision. (7) Should, for any reason, participants joining the hearing remotely lose connection or have any technical issues during the meeting, a short adjournment may be taken to try and resolve the connection. In the event the connection cannot be restored within a reasonable timeframe consideration will be given to the continuation of the meeting. (8) Members of the Committee joining remotely will use the hands up function to indicate to the Chair when they wish to speak to ask a question or make a comment. This function will be monitored by the Chair and by governance staff in attendance. (9) Where a Councillor who is a member of the PPSL has made or wishes to make a representation (on behalf of any party) during the meeting in relation to the application under consideration, they should make their position clear to the Chair and declare an interest. Having done so, they may, at the appropriate time, make the relevant representation and then must retire fully from the meeting room prior to deliberation of the matter commencing. A Councillor, not a member of the PPSL, may make a representation (on behalf of any party) during the meeting in relation to the application then must retire fully from the meeting room prior to deliberation of the matter commencing. (10) The Council has developed guidance for Councillors on the need to compose a competent motion if they consider that they do not support the recommendation from the Executive Director with responsibility for Development and Economic Growth which is attached hereto. I:data/typing/virtual planning hearings/procedure note Page 36
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Ref: ABH1/2009 COMPETENT MOTIONS • Why is there a need for a competent motion? o Need to avoid challenge by “third party” to local authority decision which may result in award of expenses and/or decision being overturned. o Challenges may arise from: judicial review, planning appeal, ombudsman (maladministration) referral. Expenses may be awarded against unsuccessful parties, or on the basis of one party acting in an unreasonable manner, in appeal/review proceedings. • Member/Officer protocol for agreeing competent motion: o The process that should be followed should Members be minded to go against an officer’s recommendation is set out below. • The key elements involved in formulating a competent motion: o It is preferable to have discussed the component parts of a competent motion with the relevant Member in advance of the Committee (role of professional officers). This does not mean that a Member has prejudged the matter but rather will reflect discussions on whether opinions contrary to that of professional officers have a sound basis as material planning considerations. o A motion should relate to material considerations only. o A motion must address the issue as to whether proposals are considered consistent with Adopted Policy of justified as a departure to the Development Plan. Departure must be determined as being major or minor. o If a motion for approval is on the basis of being consistent with policy reasoned justification for considering why it is consistent with policy contrary to the Head of Development and Economic Growth’s recommendation must be clearly stated and minuted. o If a motion for approval is on the basis of a departure from policy, reasoned justification for that departure must be clearly stated and minuted. Consideration should be given to holding a PAN 41 Hearing (determined by policy grounds for objection, how up to date development plan policies are, volume and strength of representation/contention) o A motion should also address planning conditions and the need for a Section 75 Agreement. o Advice from the Scottish Government as contained within Planning Circular 3/2013: Development management procedures on the definition of a material planning consideration is attached herewith However, interested parties should always seek their own advice on matters relating to legal or Page 37
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Ref: ABH1/2009 planning considerations as the Council cannot be held liable for any error or omission in the said guidance. Page 38
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Ref: ABH1/2009 DEFINING A MATERIAL CONSIDERATION 1. Legislation requires decisions on planning applications to be made in accordance with the development plan (and, in the case of national developments, any statement in the National Planning Framework made under section 3A (5) of the 1997 Act) unless material considerations indicate otherwise. The House of Lord’s judgement on City of Edinburgh Council v the Secretary of State for Scotland (1998) provided the following interpretation. If a proposal accords with the development plan and there are no material considerations indicating that it should be refused, permission should be granted. If the proposal does not accord with the development plan, it should be refused unless there are material considerations indicating that it should be granted. 2. The House of Lord’s judgement also set out the following approach to deciding an application: - Identify any provisions of the development plan which are relevant to the decision, - Interpret them carefully, looking at the aims and objectives of the plan as well as detailed wording of policies, - Consider whether or not the proposal accords with the development plan. - Identify and consider relevant material considerations for and against the proposal, and - Assess whether these considerations warrant a departure from the development plan. 3. There are two main tests in deciding whether a consideration is material and relevant: - It should serve or be related to the purpose of planning. It should therefore relate to the development and use of land, and - It should fairly and reasonably relate to the particular application. 4. It is for the decision maker to decide if a consideration is material and to assess both the weight to be attached to each material consideration and whether individually or together they are sufficient to outweigh the development plan. Where development plan policies are not directly relevant to the development proposal, material considerations will be of particular importance. 5. The range of considerations which might be considered material in planning terms is very wide and can only be determined in the context of each case. Examples of possible material considerations include: - Scottish Government policy, and UK Government policy on reserved matters - The National Planning Framework - Scottish planning policy, advice and circulars - European policy - A proposed strategic development plan, a proposed local development plan, or proposed supplementary guidance Page 39
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Ref: ABH1/2009 - Guidance adopted by a Strategic Development Plan Authority or a planning authority that is not supplementary guidance adopted under section 22(1) of the 1997 Act - A National Park Plan - The National Waste Management Plan - Community plans - The Environmental impact of the proposal - The design of the proposed development and its relationship to its surroundings - Access, provision of infrastructure and planning history of the site - Views of statutory and other consultees - Legitimate public concern or support expressed on relevant planning matters 6. The planning system operates in the long term public interest. It does not exist to protect the interests of one person or business against the activities of another. In distinguishing between public and private interest, the basic question is whether the proposal would unacceptably affect the amenity and existing use of land and buildings which ought to be protected in the public interest, not whether owners or occupiers of neighbouring or other existing properties would experience financial or other loss from a particular development. Page 40