Democracy Spraffa

Mr Paul Rodger: Demolition of Detached Dwellinghouse, Erection of 3 Detached Dwellinghouses and Formation of Vehicular Access: Peat Knowe, Back Road, Clynder, Helensburgh (Ref: 21/01943/Pp)

Argyll and Bute Council · 28 September 2022
Back to Planning, Protective Services and Licensing Committee — 28 September 2022 and its agenda

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Argyll and Bute Council
Development and Economic Growth   
Delegated or Committee Planning Application Report and Report of Handling as
required by Schedule 2 of the Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 relative to applications for Planning
Permission or Planning Permission in Principle
_________________________________________________________________________ 
Reference No:   21/01943/PP
Planning Hierarchy:  Local Application
Applicant:   Mr Paul Rodger
Proposal: Demolition of detached dwellinghouse, erection of 3 detached
dwellinghouses and formation of vehicular access 
Site Address: Peat Knowe, Back Road, Clynder, Helensburgh, Argyll and Bute
G84 0QF
________________________________________________________________________
SUPPLEMENTARY REPORT NO. 3
1.0 INTRODUCTION 
The attention of Members is drawn to the main Report of Handling dated 8th June 2022 that is
currently before them for consideration in respect of the above application and the
Supplementary Report No.2 dated 16th August 2022, on the main agenda.
At the PPSL meeting on 22nd June, the Council agreed to continue consideration of this
application at their next available meeting in August 2022 and instructed Officers to request
that the Applicant provide, by the end of July 2022, an engineering report on the ground
engineering works required to ensure stability of the sloping ground to prevent any slippage
or flooding onto neighbouring properties. 
A Supplementary Report no.2 was presented to the August meeting of the PPSL advising
members the requested Civil Engineering Report had not been received within the timescale
required to report this to the August PPSL. However, the agent gave an assurance that the
Civil Engineering Report (to address the issues raised by the PPSL Committee at the June
meeting) would be submitted before the deadline of 26/8/22 at the latest (in order to allow the
proposed development to be fully considered by Members at the September PPSL
Committee.)
The Supplementary Report No.2 also included a summary of additional considerations and
clarification of previously raised issues arising from a letter of objection submitted after the
June PPSL meeting.
At the August meeting, in response to the Supplementary Report No.2, the Committee:
1. agreed that consideration of this planning application be continued to the September
PPSL Committee to allow the applicant the extended opportunity to prepare and submit
the Civil Engineering Report requested; and

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2. noted that Planning Officers would undertake to carry out any further investigations
required in response to concerns expressed by local residents and report back to the
next available PPSL Committee.
2.0 SUMMARY OF DEVELOPMENTS 
Pursuant to the decision made by Members at the June PPSL Committee, the additional
information requested from the applicant has been received on 24th August 2022: -
1) Letter dated 23rd August from Ardmore Point Ltd. to the applicant’s agent
2) Phase 1 Desk Study Report by Ardmore Point Ltd. – Issue 1 – July 2022
3) Phase 2 Ground Investigation Report by Ardmore Point Ltd. – Issue 1 – August 2022
The applicant’s consultant, Ardmore Point Ltd. provides Geomatics, Geotechnical, Drone
UAV and Construction Management Services. 
3.0 SUMMARY OF ADDITIONAL SUPPORTING INFORMATION
The covering letter and the Phase 1 and Phase 2 Reports are available for inspection in full
on the planning application file, however this information is summarised below for members
convenience.
Applicant’s consultant’s covering letter (23.08.2022)
 The ground conditions on the site are “stiff glacial till clay overlying shallow bedrock”
(based on a review of the ground condition data now received from the ground
investigation boreholes and testing , the site topographical  survey and the proposed
levels layout.)
 Confirmation that “subject to a suitably designed retaining wall to the front the ground
would be stable for the intended road development”
(based on an understanding of the proposed development layout with houses sited to
the rear and an access road along the front of the site).
 Confirmation that the site is stable in its current state.
Phase 1 Desk Study Report – Summary of Conclusions
 Current use (on the basis of a walkover survey carried out in July 2022) is derelict
awaiting redevelopment with an existing house; a mix of hard and soft landscaping
with gently sloping topography.
 A Flood Risk Assessment is outside of the scope of this report.
 It is considered that “the site has “passed” with minimal risk to flooding.”
 Made ground could be a potential source of ground gas on site – risk to local ecology
from potential contamination is low.
 The “Landmark” Report makes no reference to sources of potential ground gas. 
Landfill gas unlikely to be present. Site is in “lower probability Radon area – no
Radon protection measures are necessary in relation to construction.”
Phase 2 Ground Investigation Report – Summary of Conclusions
 Work carried out 09.08.2022-11.08.2022 comprising boreholes, in-situ testing,
sampling, gas and water monitoring installations.
 The borehole plan indicates 3 no. boreholes at regular intervals along the top of the
‘built up’ bank adjacent to the front of the site (BH02, WS02 & BH04); 4 no. regularly
spaced boreholes along the rear part of the site; and 1 no. adjacent to the site access

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at the south east corner of the site. Boreholes BH02, WS02 & BH04 were terminated
at 4.03m, 4.0m & 3.0 respectively due to Mudstone/Sandstone obstruction.
 Intrusive ground investigation revealed made ground (concrete) in only 1 no.
borehole from 0.00-0.10m.
 Superficial deposits of sandy, gravelly silt with clay to a maximum depth of 3.80m
was recorded consistently across the site in all boreholes.
 Bedrock, or possible bedrock, was encountered across the site as sandstone and
mudstone recorded from 2.80m x 3.90m variable depth.
 Groundwater was not encountered.
 No areas of ecological or archaeological significance were encountered.
 Due to ground conditions, infiltration-based soakaways are unsuitable for this site.
 From the proposed site plan, levels will be reduced by approximately 900mm when
the driveway is constructed.
 Proposed Finished Floor Levels (houses) will be typically 200mm above existing
ground levels and foundations will be at the shallowest convenient depth.
 From inspection of ground conditions, the boulder clay encountered at 1.20m depth
would be classed as “stiff to very stiff” with potential bearing capacity in the order of
approximately 100kN/m2.
4.0 ASSESSMENT
The additional information requested by Members at the June PPSL meeting has now been
submitted by an appropriately qualified and experienced consultant and in accordance with
British Standards and all normative references.
The contents of the covering letter from Ardmore Point Ltd. are self-explanatory.
It is noted that the Phase 1 Survey is limited to a ‘desktop assessment’ of relevant
information and documentation already available supplemented by a walkover survey in July
2022. 
The description of the current site use at para. 4.2, 4.3 & 4.4 is not accepted by planning
officers. The site has been stripped of any soft landscaping including trees, hedgerows,
shrubs and grass as part of land engineering works. The topography of the site is not “gently
sloping”  but has a very steep and relatively high excavated bank along the rear boundary
and ground made up from the spoil from that excavation along the front of the site including
a high bank along the front edge of the site adjacent to the rear boundaries of existing
residential properties.
It is noted that the Phase 1 Survey does not include a Flood Risk Assessment. The
assessment on flood risk is based on records held by regulatory authorities and statutory
bodies to determine prevalent hydrological features on or within 250m of the site. The Report
does not specifically address the groundworks and clearance of natural vegetation on the
site and any consequent increased risk of flooding affecting nearby property and roads.
It is also noted that the Phase 1 Report does not address issues of ground stability, either in
respect of the proposed development or the existing site condition following significant re-
contouring of ground levels.
The conclusions of the Phase 1 Report are generally accepted with the exceptions of the
description of the current site topography/landscaping the observation that it does not
address issues of flooding outside of the site or ground stability.

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The Phase 2 Report is perhaps more informative in that the assessment is based on in-situ
testing and intrusive ground investigation including boreholes. It is noted that 3 no. boreholes
were located at regular intervals along the top of the banked material used to build up the
ground level adjacent to the front (north eastern) site boundary. 
It is considered that the conclusions as set out in the covering letter from the applicants
consultant, Ardmore Point Ltd., based on the desk-top and site investigation survey
information provides adequate assurances that; -
1) The existing site is stable in its current state; and,
2) “Subject to a suitably designed retaining wall to the front” the ground would be
stable for the intended road development. 
On this basis it is recommended that the application be approved in line with the original
recommendation as presented to Members at the June PPSL Committee meeting.
In addition, it is considered that the representations received subsequent to the June
meeting of the PPSL do not raise any further material planning considerations such as would
warrant the refusal of this application for planning permission.
On the basis of the assessment as set out in the original Report to the June meeting of the
Committee and the assessment in relation to the additional supporting information
submitted, subject to planning conditions, it is considered that the proposed development is
in accordance with the relevant provisions of the Argyll and Bute Local Development Plan –
2015 and all other associated guidance.
5.0 RECOMMENDATION 
It is recommended that planning permission be approved, subject to conditions and advisory
notes as set out in full in the main Report (June PPSL meeting) with the exception of an
additional planning condition as follows: -
“Notwithstanding the provisions of Condition 1, no development shall commence until full
technical construction details of the proposed retaining wall, including the means of vehicle
restraint, directly adjacent to the east of the proposed shared roadway have been submitted
to and approved in writing by the Planning Authority. The retaining wall and vehicle restraint
barrier shall be implemented in full in accordance with the approved details prior to
commencement of any other development on the site in relation to the construction of any
roads/driveways or the construction of the houses including ground excavation, and shall be
retained and maintained to the satisfaction of the planning authority unless otherwise agreed
in writing by the planning authority.
Reason: To ensure that the proposed development does not result in any ground instability
by reason of excavation and land-raising engineering operations carried out as part of this
development, and to protect adjacent land and property from potential damage by reason of
unstable ground conditions.”
Author of Report: Norman Shewan      Date: 9th September 2022
Reviewing Officer: Howard Young             Date: 9th September 2022 
Fergus Murray 
Head of Development and Economic Growth