Agenda Document Pack - Local Review Body. - 30/05/2023
Renfrewshire Council · 30 May 2023
Back to Local Review Body. — 30 May 2023 and its agenda
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23/05/2023 Notice of Meeting and Agenda Local Review Body. Date Time Venue Tuesday, 30 May 2023 14:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Membership Councillor Jim Paterson (Convener): Councillor Chris Gilmour: Councillor Anne Hannigan: Councillor Bruce MacFarlane: Councillor Iain Nicolson: Members of the Press and Public Members of the press and public wishing to attend the meeting should report to the customer service centre where they will be met and directed to the meeting. Further Information This is a meeting which is open to members of the public. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Webcasting of Meeting This meeting will be filmed for live or subsequent broadcast via the Council’s internet site – at the start of the meeting the Convener will confirm if all or part of the meeting is being filmed. To find the webcast please navigate to https://renfrewshire.public-i.tv/core/portal/home MARK CONAGHAN Head of Corporate Governance
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23/05/2023
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23/05/2023 Items of business Apologies Apologies from members. Declarations of Interest Members are asked to declare an interest in any item(s) on the agenda and to provide a brief explanation of the nature of the interest. 1 Procedure Note 1 - 2 2 LRB06.22 Review the Planning Authority's decision to attach conditions to the granting of planning permission for the formation of extension to watersports storage compound with associated boundary fence, access and road at Ground A, Lochlip Road, Lochwinnoch. (22/0414/PP) 2(a) Appellant's Submission Submit documentation in support of a review of the Planning Authority's decision to attach conditions to the granting of planning permission for the formation of extension to watersports storage compound with associated boundary fence, access and road at Ground A, Lochlip Road, Lochwinnoch. (22/0414/PP). 3 - 24 2(b) Planning Authority's Submission Submit documentation on which the Planning Authority decided to attach conditions to the granting of planning permission for the formation of extension to watersports storage compound with associated boundary fence, access and road at Ground A, Lochlip Road, Lochwinnoch. (22/0414/PP). 25 - 76 2(c) Planning Authority's response to request for Further Information Submit response from Planning Authority to Procedure Notice issued following the previous meeting requesting further written submissions setting out an assessment of the proposed development in relation to the relevant policies set out in National Planning Framework 4 (NPF4). 77 - 78 3 LRB01.23 Review the Planning Authority's decision to refuse planning permission for the erection of a dwellinghouse (in principle) 50 metres east of St Brydes Cottage, Shields Holdings, Lochwinnoch. (22/0399/PP).
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23/05/2023 3(a) Appellants Submission Submit documentation in support of a review of the Planning Authority's decision to refuse planning permission for the erection of a dwellinghouse (in principle) 50 metres east of St Brydes Cottage, Shields Holdings, Lochwinnoch. (22/0399/PP). 79 - 196 3(b) Planning Authority's Submission Submit documentation on which the Planning Authority decided to refuse planning permission for the erection of a dwellinghouse (in principle) 50 metres east of St Brydes Cottage, Shields Holdings, Lochwinnoch. (22/0399/PP). 197 - 244 3(c) Planning Authority's response to request for Further Information Submit response from Planning Authority to Procedure Notice issued following the previous meeting requesting further written submissions setting out an assessment of the proposed development in relation to the relevant policies set out in National Planning Framework 4 (NPF4). 245 - 246 3(d) Appellants comments in respect of the Planning Authority's response to request for Further Information Submit comments from the appellant in respect of the Planning Authority's response to the Procedure Notice issued following the previous meeting requesting further written submissions setting out an assessment of the proposed development in relation to the relevant policies set out in National Planning Framework 4 (NPF4). 247 - 254
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Item 1 LRB300523 Page 1 of 254
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APPELLANT’S SUBMISSIONS Item 2(a) LRB300523 Page 3 of 254
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Notice of Review Page 1 of 4 NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS; THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2008; AND THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Please use BLOCK CAPITALS if completing in ink The completed notice of review and any supporting documents should be sent by e-mail to lrb-planning.cs@renfrewshire.gov.uk, or by mail or by hand to the Head of Corporate Governance, Finance & Resources, Renfrewshire Council, Renfrewshire House, Cotton Street, Paisley, PA1 1TR. Applicant(s) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: * Do you agree to correspondence regarding your review being sent by e-mail? Yes No Planning authority Renfrewshire Council Planning application reference number Site address Description of proposed development Date of application Date of decision (if any) Note. This notice must be served on the Council within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Page 4 of 254
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Notice of Review Page 2 of 4 Nature of application 1. Application for planning permission (including householder application) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions Reasons for seeking review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 2. One or more hearing sessions 3. Site inspection 4 Assessment of review documents only, with no further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: 1. Can the site be viewed entirely from public land? Yes No 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: Page 5 of 254
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Notice of Review Page 3 of 4 Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes No If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. Page 6 of 254
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Notice of Review Page 4 of 4 List of documents and evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. Note. The Council will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at Renfrewshire House, Cotton Street, Paisley until such time as the review is determined. It may also be available on the Council’s website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the Council to review the application as set out on this form and in the supporting documents. Please sign or type your name if sending by e-mail Date For office use only: LRB Reference No: Page 7 of 254
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22/0414/PP extension to water sports storage compounds in the Lochside field, Castle Semple Loch. Figure 1) The Lochside field 05/2012 Page 8 of 254
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Chief Executive's Service Renfrewshire House Cotton Street, Paisley, PA1 1WB //www.renfrewshire.gov.uk My Ref: Contact: James Weir Telephone: 07483 370666 Email: dc@renfrewshire.gov.uk Date: 9 September 2022 Mr Graham Bell Proposal: Formation of extension to watersports storage compound with associated boundary fence, access and road Location: Ground A, Lochlip Road, Lochwinnoch, , Application Type: Planning Permission-Full Application No: 22/0414/PP Dear Sir/Madam, NOTIFICATION OF CONSENT The Council has approved your application, details of which are given above. I enclose a Consent Notice, which also lists the conditions attached to the approval, together with a copy of your submitted plans duly endorsed and the Report of Handling. I would specifically draw your attention to the notes attached to the consent regarding the interests of Scottish Water and The Coal Authority. Please note that the full reasons as to whether the above Proposal is in accordance with the Development Plan (as required by section 37(2A) of the Town and Country Planning (Scotland) Act 1997) are found in the Report of Handling for your application which is attached as Appendix 1 and referred to for its terms which are deemed to be repeated, incorporated and forming part of this Decision Notice. Yours faithfully, Alasdair Morrison Head of Economy and Development Page 9 of 254
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Notes Regarding Scottish Water Interests a. It is the responsibility of the applicant to check Scottish Water's record plans regarding the position of its water and/or waste water assets prior to any work commencing on site. Plans available on written request from the Property Searches Department, Bullion House, Dundee, DD2 5BB. b. If a water main or sewer is affected, then no building shall be erected over or in such a way as to interfere with Scottish Water's right of access. The applicant must contact Scottish Water Operations, Technical Support team to ascertain what measures should be taken to safeguard this apparatus. c. Scottish Water's current minimum level of service for water pressure is 1.0 bar or 10m head in the public main. Any property which cannot be adequately serviced using this pressure may require to have private pumping arrangements installed subject to compliance with the current water bylaws. d. The applicant must ensure that any new internal or external drain is connected to the correct drain or sewer. Page 10 of 254
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Making a better future for people and the environment in mining areas 200 Lichfield Lane Mansfield Nottinghamshire NG18 4RG T: 01623 637 119 (Planning Enquiries) E: planningconsultation@coal.gov.uk W: www.gov.uk/coalauthority Standing Advice The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2021 until 31st December 2022 Page 11 of 254
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Page 1 of 5 GRANT Consent subject to the conditions Ref. 22/0414/PP DECISION NOTICE Town and Country Planning (Scotland) Act 1997 Planning etc. (Scotland) Act 2006 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 TO Mr Graham Bell With reference to your application registered on 13 June 2022 for Planning Consent for the following development:- PROPOSAL Formation of extension to watersports storage compound with associated boundary fence, access and road LOCATION Ground A, Lochlip Road, Lochwinnoch, DECISION The Council in exercise of their powers under the above Acts and Orders, having considered the above proposal, the plans endorsed as relating to it and the particulars given in the above application hereby:- GRANT Consent subject to the conditions listed on the reverse/paper apart. PLANS AND DRAWINGS The plans and drawings relative to this permission are those identified in the Schedule of Plans/Drawings attached as a paper apart and forming part of this Decision Notice. NOTE: It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under any other statutory enactments, for example Building (Scotland) Acts, Roads (Scotland) Act 1984 etc. Dated: 9 September 2022 Signed Appointed Officer on behalf of Renfrewshire Council Page 12 of 254
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Page 2 of 5 Ref. 22/0414/PP CONDITIONS AND/OR REASONS ATTACHED TO THIS DECISION PAPER APART TERMS AND CONDITIONS Reason for Decision 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Conditions/Reasons 1. That all construction work associated with the implementation of the development hereby approved shall be undertaken in accordance with the Construction Method Statement dated the 23rd August 2022. Reason: To reduce pollution risk in the interests of protecting the water environment 2. That prior to the commencement of development on site, the developer shall provide a plan for the written approval of the Planning Authority detailing the location of the path network to the northeast of the proposed storage compound within the area demarcated by a blue line on the approved location plan. Should the development be found to encroach upon the path network the plan shall provide details of the realignment of the path network and when works associated with the realignment of the path will be undertaken. Any works associated with the realignment of the path shall thereafter be undertaken in accordance with the approved plan. Reason: To ensure the existing path network is protected in the interests of maintaining connections between the site and the national cycle network. 3. That prior to the commencement of development on site, the developer shall provide a species protection plan for the written approval of the Planning Authority. The plan shall set out measures to ensure that otters and nesting birds are protected during the construction process, and shall include provision for site surveys prior to work commencing and also for cessation of works should any otters or nesting birds be encountered. The development shall thereafter be implemented in accordance with the approved plans. Reason: To ensure that appropriate measures are put in place to ensure otters and nesting birds are protected during the implementation of the development. 4. That prior to the commencement of development on site, the developer shall provide a plan and further details for the written approval of the Planning Authority specifying all Page 13 of 254
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Page 3 of 5 earth moving, associated level changes and wall retention required along the north western boundary of the site. The plan shall specifically detail these works in relation to the tree protection zones associated with the trees along the north western boundary. The plan shall take cognisance of the recommendations within BS 3857 (2012) Trees in Relation to Design, Demolition and Construction. Only the works detailed in the approved plan shall thereafter be implemented on site including any measures to protect the existing trees. Reason: To ensure the trees along the north western boundary of the site are protected in the interests of natural heritage and visual amenity. Page 14 of 254
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Page 4 of 5 Notification of initiation of development Notice under Section 27A(1) Town and Country Planning (Scotland) Act 1997 1. A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date. 2. The notice to be given in accordance with section 27A(1) of the Act by a person intending to carry out development must– (a) include the full name and address of the person intending to carry out the development; (b) state if that person is the owner of the land to which the development relates and if that person is not the owner provide the full name and address of the owner; (c) where a person is, or is to be, appointed to oversee the carrying out of the development on site, include the name of that person and details of how that person may be contacted; and (d) include the date of issue and reference number of the notice of the decision to grant planning permission for such development. 3. Your attention is drawn to Section 123(1) of the Town and Country Planning (Scotland) Act 1997 set out below. “123 Expressions used in connection with enforcement (1) For the purposes of this Act— (a) carrying out development without the required planning permission, or (b) failing to comply with any condition or limitation subject to which planning permission has been granted, constitutes a breach of planning control.” “27B Notification of completion of development (1) A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority. (2) If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the Advisory regarding the Duration of Planning Permission in Principle, Planning Permission and Listed Building Consent. The following is advisory only and developers should satisfy themselves by reference to the relevant legislation if they are in any doubt regarding the duration of the permission Planning Permission in Principle - Section 59 of the Town and Country Planning (Scotland) Act 1997 generally specifies that an application for approval of matters specified in conditions (requisite approval) must be made before the latest of (i) the expiration of 3 years from the date of grant of permission; (ii) the expiration of 6 months from the date an application for the requisite approval was refused; and (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed. A planning permission in principle generally lapses on the expiration of 2 years from the date of the requisite approval being obtained unless the development to which the permission relates is begun before that expiration. Planning Permission and Listed Building Consent - Sections 58(1) and (3) of the Town and Country Planning (Scotland) Act 1997 generally specify that planning permission and listed building consent will expire after 3 years from the date on which it is granted unless the development to which it relates has been started, or that a different period has been specified in any condition attached to the permission. Page 15 of 254
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Page 5 of 5 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning Act (Scotland) Act 1997 within three months beginning with the date of this notice. The notice of review should be addressed to Head of Legal and Democratic Services, Renfrewshire House, Cotton Street, Paisley PA1 1PR. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 16 of 254
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Appendix 1 RENFREWSHIRE COUNCIL Application No: 22/0414/PP CHIEF EXECUTIVE’S SERVICE RECOMMENDATION OF PLANNING APPLICATION Regd:26 June 2022 Applicant Agent Mr Graham Bell Nature of Proposals Formation of extension to watersports storage compound with associated boundary fence, access and road Site Ground A, Lochlip Road, Lochwinnoch, Description This application seeks planning permission for an extension to a watersports storage compound with associated boundary fence, access and road at Castle Semple Visitor Centre in Lochwinnoch. The visitor centre is located on the northern bank of Castle Semple loch. It is bound by the national cycle network to the north with the village beyond. Castle Semple comprises of the main visitor centre building with associated club house and pontoons. There is an existing area of car parking to the southwest. The land to the northeast is already partly used for storage, and there have been previous applications in 2012, 2018 and 2019 to incrementally expand this storage area. The proposed development includes these existing areas plus a further area of expansion to the northeast which will create an overall storage area of 7,500 square metres. The storage areas will be formed by scraping back the existing grassland and laying hardcore. The land slopes gently uphill from southeast to northwest, and gabion baskets will be used for retention where necessary to ensure the ground can be levelled appropriately. The storage area will then be enclosed with 2.4m high Vmesh security fencing. Within the storage area there will be a mix of racking to store the various boats and containers for other equipment. An indicative layout of the storage area has been provided in this regard. This application also includes road access which continues northeast past the proposed storage areas. Although a site visit indicates that the road has already been formed. History Application No: 19/0431/PP Description: Formation of extension to water sports storage compound and erection of boundary fence Decision: Grant. Application No: 18/0052/PP Page 17 of 254
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Description: Formation of extension to water sports storage compound and siting of storage buildings. Decision: Grant. Application No: 12/0649/PP Description: Erection of single storey building (Class 11) with associated access. Decision: Granted subject to conditions. Application No: 12/0180/PP Description: Change of use from agricultural land to recreational use to include expansion of boat storage compound and erection of 2.4m high security fence. Decision: Granted subject to conditions. Policy and Material Considerations Adopted Renfrewshire Local Development Plan 2021 Policy ENV1 – Green Belt Policy ENV2 – Natural Heritage Policy ENV4 – The Water Environment Policy I3 – Flooding and Drainage New Development Supplementary Guidance 2021 Delivering the Environment Strategy – Green Belt, Natural Heritage and The Water Environment Delivering the Infrastructure Strategy – Flooding and Drainage Delivering the Places Strategy – Regional Parks Material Considerations Publicity The Council has undertaken neighbour notification in accordance with the requirements of legislation. Objections/Representation None received. Consultations NatureScot – No objection subject to condition regarding the implementation of works in accordance with the Construction Method Statement. Also recommend that species protection plans are prepared for otters and breeding birds. Communities & Housing Services - (Environmental Protection Team) – No comments. Environment & Infrastructure Services - (Roads) – No objection subject to conditions regarding the monitoring of parking provision and the safeguarding of existing connections to the national cycle network. Page 18 of 254
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Informative to be added: N Assessment Policy ENV1 states that development within the green belt will only be considered acceptable where it can be demonstrated that it is compatible with the provisions of the new development supplementary guidance. The supplementary guidance lists a range of developments that are considered appropriate within the green belt in principle. This includes recreational uses compatible with a natural environment setting, and tourism development. Castle Semple Visitor Centre is a well-established location for recreational activities associated with the loch. The storage of boats and other equipment to support these activities is a fundamental part of the Castle Semple development, and there is already a boat storage compound at the site. Further development of this nature will be commensurate with the waterside setting, and will support Castle Semple as a recreation destination. The development is therefore considered to be appropriate in principle All developments within the green belt must thereafter be assessed against the green belt development criteria. In this instance there will be no loss of agricultural land and no impact on wild land. In terms of traffic and access, the Environment and Infrastructure Service has offered no objections to the development. As noted above the access to the proposed storage area and the associated road to the northeast of the site has already been formed. The infrastructure does not have a significant impact on visual amenity or landscape character and is commensurate with the built up nature of the visitor centre. It is not anticipated that the development will have a significant effect on public water supply. In terms of effect on water courses from pollution risk, it is noted that NatureScot initially raised concerns over sediment and other pollutants entering the loch during the construction period. The applicant has therefore prepared a construction management plan to demonstrate how this potential pollution issue will be managed. NatureScot have confirmed that they have no objection to the development subject to the construction management plan being implemented on site during the construction phase. The Environment and Infrastructure Service has requested that existing connections between the visitor centre and the national cycle network are retained. During the site inspection it was noted that a path has been cut through the grass on the eastern edge of the existing storage area to provide an informal link to the cycle network. The proposed development will encroach upon this path. However, the applicant has advised that the path can be realigned if necessary to ensure the link is retained. A condition can be attached to ensure a plan showing the realigned route is submitted, with the route then brought into use thereafter in a timely manner. The applicant owns the land to the north east of the proposed storage area, and this provides flexibility for route options without land ownership constraints. Page 19 of 254
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The proposed development constitutes the managed expansion of an existing and well- established facility. There is already a storage area at the site, and expansion of this area will not be incongruous with regard to landscape character. There is a line of mature trees which provide a landscape backdrop to the site. The use of the area for storage of boats is also commensurate with the waterside location. The proposed boundary fencing also matches the fencing which bounds the existing storage area. Castle Semple Loch is designated as a Site of Special Scientific Interest (SSSI). As noted above the potential impact on the loch with respect to pollution risk will be managed via a construction management plan. In terms of potential impact on protected species, NatureScot have also recommended that species protection plans are prepared regarding otters and nesting birds. A condition will be attached to ensure that these plans are implemented on site to safeguard these protected species. In view of the above assessment, I am satisfied that the proposed development complies with the green belt development criteria. It is therefore considered to comply with Policy ENV1. The above assessment has also demonstrated that the development complies with Policies ENV2 and ENV3, with measures put in place to manage the potential impact on protected species and the SSSI designated Semple Loch. It is noted that due to the gradient of the site the most significant earthworks will take place along the north western boundary of the site adjacent to the row of mature trees that mark the edge of the cycle network. A condition can be used to request further details of the earthworks and any associated wall retention to ensure the root protection zones associated with the trees are not impacted. This will ensure that the trees are protected during the construction process. In view of the above, I am satisfied that the development complies with Policies ENV2 and ENV3. Policy I3 states that new development requires to avoid areas susceptible to flooding. The south eastern half of the site is within the flooding extents associated with the Semple Loch. However, in this instance the proposed water sports storage compound is a water compatible use with respect to SEPA’s land use vulnerability guidance. There is no sleeping or other residential accommodation proposed as part of the development. On this basis I am satisfied that the development is acceptable within the flood risk area, and is complaint with Policy I3 on this basis. The supplementary guidance on regional parks states that development within Clyde Muirshiel Regional Park will only be permitted where it can be demonstrated the assessment criteria have been met. In this instance, the development is for a leisure use. Nature conservation and landscape character matters have been considered above. It is not anticipated that the development will cause significant conflict with neighbouring land uses. Page 20 of 254
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A condition will be applied to ensure existing active travel networks are maintained. Habitat networks will be protected via adherence to the construction management plan. The proposed development is commensurate with the location in terms of its scale and appearance, and there will not be a significant detrimental impact on the visual amenity of the area. Finally, the development does not prevent recreational access to the area. It is anticipated that the development will enhance recreational access by improving storage of boats and other equipment at the site. Regarding the consultation responses not already addressed in the above assessment, it is noted that the Environment & Infrastructure Services have requested a condition regarding the monitoring of car parking capacity at the site. Car parking capacity is primarily an operational issue at the site. The proposed development will not result in the loss of any existing parking capacity, and the applicant has advised that the development will primarily allow for more efficient storage of boats and equipment as opposed to generating a significant increased demand which may in turn cause issues with parking. On this basis it is not necessary to apply a condition to the permission requiring monitoring of car parking capacity at the site. Index of Photographs No site visit was undertaken for this application. RECOMMENDATION Grant subject to conditions Reason for Decision 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Conditions 1. That all construction work associated with the implementation of the development hereby approved shall be undertaken in accordance with the Construction Method Statement dated the 23rd August 2022. Reason: To reduce pollution risk in the interests of protecting the water environment 2. That prior to the commencement of development on site, the developer shall provide a plan for the written approval of the Planning Authority detailing the location of the path network to the northeast of the proposed storage compound within the area demarcated by a blue line on the approved location plan. Should the development be found to encroach upon the path network the plan shall provide details of the realignment of the path network and when works associated with the realignment of the path will be undertaken. Any works associated with the realignment of the path shall thereafter be undertaken in accordance with the approved plan. Page 21 of 254
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Reason: To ensure the existing path network is protected in the interests of maintaining connections between the site and the national cycle network. 3. That prior to the commencement of development on site, the developer shall provide a species protection plan for the written approval of the Planning Authority. The plan shall set out measures to ensure that otters and nesting birds are protected during the construction process, and shall include provision for site surveys prior to work commencing and also for cessation of works should any otters or nesting birds be encountered. The development shall thereafter be implemented in accordance with the approved plans. Reason: To ensure that appropriate measures are put in place to ensure otters and nesting birds are protected during the implementation of the development. 4. That prior to the commencement of development on site, the developer shall provide a plan and further details for the written approval of the Planning Authority specifying all earth moving, associated level changes and wall retention required along the north western boundary of the site. The plan shall specifically detail these works in relation to the tree protection zones associated with the trees along the north western boundary. The plan shall take cognisance of the recommendations within BS 3857 (2012) Trees in Relation to Design, Demolition and Construction. Only the works detailed in the approved plan shall thereafter be implemented on site including any measures to protect the existing trees. Reason: To ensure the trees along the north western boundary of the site are protected in the interests of natural heritage and visual amenity. Alasdair Morrison Head of Economy and Development Page 22 of 254
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Applicant: Mr Graham Bell Ref. No: 22/0414/PP Site: Ground A Lochlip Road Lochwinnoch Officer: James Weir Documents Document Document Attached (Admin) Document Attached and Signed Decision Letter Decision Notice Appendix 1 – Report of Handling Plans to be stamped Drawing Number Drawing Title Checked Paper/DMS (Officer) Stamped DMS (BS) / Location Plan as Proposed / Block Plan 1:500 / Site Plan 1:1250 / Site Plan 1:200 / Site Plan 1:200 / Location Plan as Existing Officers Initials: JW Business Support Initials: __DM_____ Page 23 of 254
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PLANNING AUTHORITY’S SUBMISSIONS Item 2(b) LRB300523 Page 25 of 254
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Chief Executive's Service Renfrewshire House Cotton Street, Paisley, PA1 1WB //www.renfrewshire.gov.uk My Ref: Contact: James Weir Telephone: Email: dc@renfrewshire.gov.uk Date: 9 September 2022 Mr Graham Bell 5 Victoria Gardens Kilmacolm PA13 4HL Proposal: Formation of extension to watersports storage compound with associated boundary fence, access and road Location: Ground A, Lochlip Road, Lochwinnoch, , Application Type: Planning Permission-Full Application No: 22/0414/PP Dear Sir/Madam, NOTIFICATION OF CONSENT The Council has approved your application, details of which are given above. I enclose a Consent Notice, which also lists the conditions attached to the approval, together with a copy of your submitted plans duly endorsed and the Report of Handling. I would specifically draw your attention to the notes attached to the consent regarding the interests of Scottish Water and The Coal Authority. Please note that the full reasons as to whether the above Proposal is in accordance with the Development Plan (as required by section 37(2A) of the Town and Country Planning (Scotland) Act 1997) are found in the Report of Handling for your application which is attached as Appendix 1 and referred to for its terms which are deemed to be repeated, incorporated and forming part of this Decision Notice. Yours faithfully, Alasdair Morrison Head of Economy and Development Page 26 of 254
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Notes Regarding Scottish Water Interests a. It is the responsibility of the applicant to check Scottish Water's record plans regarding the position of its water and/or waste water assets prior to any work commencing on site. Plans available on written request from the Property Searches Department, Bullion House, Dundee, DD2 5BB. b. If a water main or sewer is affected, then no building shall be erected over or in such a way as to interfere with Scottish Water's right of access. The applicant must contact Scottish Water Operations, Technical Support team to ascertain what measures should be taken to safeguard this apparatus. c. Scottish Water's current minimum level of service for water pressure is 1.0 bar or 10m head in the public main. Any property which cannot be adequately serviced using this pressure may require to have private pumping arrangements installed subject to compliance with the current water bylaws. d. The applicant must ensure that any new internal or external drain is connected to the correct drain or sewer. Page 27 of 254
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Making a better future for people and the environment in mining areas 200 Lichfield Lane Mansfield Nottinghamshire NG18 4RG T: 01623 637 119 (Planning Enquiries) E: planningconsultation@coal.gov.uk W: www.gov.uk/coalauthority Standing Advice The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Standing Advice valid from 1st January 2021 until 31st December 2022 Page 28 of 254
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Page 1 of 5 GRANT Consent subject to the conditions Ref. 22/0414/PP DECISION NOTICE Town and Country Planning (Scotland) Act 1997 Planning etc. (Scotland) Act 2006 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 TO Mr Graham Bell 5 Victoria Gardens Kilmacolm PA13 4HL With reference to your application registered on 13 June 2022 for Planning Consent for the following development:- PROPOSAL Formation of extension to watersports storage compound with associated boundary fence, access and road LOCATION Ground A, Lochlip Road, Lochwinnoch, DECISION The Council in exercise of their powers under the above Acts and Orders, having considered the above proposal, the plans endorsed as relating to it and the particulars given in the above application hereby:- GRANT Consent subject to the conditions listed on the reverse/paper apart. PLANS AND DRAWINGS The plans and drawings relative to this permission are those identified in the Schedule of Plans/Drawings attached as a paper apart and forming part of this Decision Notice. NOTE: It should be understood that this permission does not carry with it any necessary consent or approval for the proposed development under any other statutory enactments, for example Building (Scotland) Acts, Roads (Scotland) Act 1984 etc. Dated: 9 September 2022 Signed Appointed Officer on behalf of Renfrewshire Council Page 29 of 254
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Page 2 of 5 Ref. 22/0414/PP CONDITIONS AND/OR REASONS ATTACHED TO THIS DECISION PAPER APART TERMS AND CONDITIONS Reason for Decision 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Conditions/Reasons 1. That all construction work associated with the implementation of the development hereby approved shall be undertaken in accordance with the Construction Method Statement dated the 23rd August 2022. Reason: To reduce pollution risk in the interests of protecting the water environment 2. That prior to the commencement of development on site, the developer shall provide a plan for the written approval of the Planning Authority detailing the location of the path network to the northeast of the proposed storage compound within the area demarcated by a blue line on the approved location plan. Should the development be found to encroach upon the path network the plan shall provide details of the realignment of the path network and when works associated with the realignment of the path will be undertaken. Any works associated with the realignment of the path shall thereafter be undertaken in accordance with the approved plan. Reason: To ensure the existing path network is protected in the interests of maintaining connections between the site and the national cycle network. 3. That prior to the commencement of development on site, the developer shall provide a species protection plan for the written approval of the Planning Authority. The plan shall set out measures to ensure that otters and nesting birds are protected during the construction process, and shall include provision for site surveys prior to work commencing and also for cessation of works should any otters or nesting birds be encountered. The development shall thereafter be implemented in accordance with the approved plans. Reason: To ensure that appropriate measures are put in place to ensure otters and nesting birds are protected during the implementation of the development. 4. That prior to the commencement of development on site, the developer shall provide a plan and further details for the written approval of the Planning Authority specifying all Page 30 of 254
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Page 3 of 5 earth moving, associated level changes and wall retention required along the north western boundary of the site. The plan shall specifically detail these works in relation to the tree protection zones associated with the trees along the north western boundary. The plan shall take cognisance of the recommendations within BS 3857 (2012) Trees in Relation to Design, Demolition and Construction. Only the works detailed in the approved plan shall thereafter be implemented on site including any measures to protect the existing trees. Reason: To ensure the trees along the north western boundary of the site are protected in the interests of natural heritage and visual amenity. Page 31 of 254
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Page 4 of 5 Notification of initiation of development Notice under Section 27A(1) Town and Country Planning (Scotland) Act 1997 1. A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date. 2. The notice to be given in accordance with section 27A(1) of the Act by a person intending to carry out development must– (a) include the full name and address of the person intending to carry out the development; (b) state if that person is the owner of the land to which the development relates and if that person is not the owner provide the full name and address of the owner; (c) where a person is, or is to be, appointed to oversee the carrying out of the development on site, include the name of that person and details of how that person may be contacted; and (d) include the date of issue and reference number of the notice of the decision to grant planning permission for such development. 3. Your attention is drawn to Section 123(1) of the Town and Country Planning (Scotland) Act 1997 set out below. “123 Expressions used in connection with enforcement (1) For the purposes of this Act— (a) carrying out development without the required planning permission, or (b) failing to comply with any condition or limitation subject to which planning permission has been granted, constitutes a breach of planning control.” “27B Notification of completion of development (1) A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority. (2) If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the Advisory regarding the Duration of Planning Permission in Principle, Planning Permission and Listed Building Consent. The following is advisory only and developers should satisfy themselves by reference to the relevant legislation if they are in any doubt regarding the duration of the permission Planning Permission in Principle - Section 59 of the Town and Country Planning (Scotland) Act 1997 generally specifies that an application for approval of matters specified in conditions (requisite approval) must be made before the latest of (i) the expiration of 3 years from the date of grant of permission; (ii) the expiration of 6 months from the date an application for the requisite approval was refused; and (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed. A planning permission in principle generally lapses on the expiration of 2 years from the date of the requisite approval being obtained unless the development to which the permission relates is begun before that expiration. Planning Permission and Listed Building Consent - Sections 58(1) and (3) of the Town and Country Planning (Scotland) Act 1997 generally specify that planning permission and listed building consent will expire after 3 years from the date on which it is granted unless the development to which it relates has been started, or that a different period has been specified in any condition attached to the permission. Page 32 of 254
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Page 5 of 5 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning Act (Scotland) Act 1997 within three months beginning with the date of this notice. The notice of review should be addressed to Head of Legal and Democratic Services, Renfrewshire House, Cotton Street, Paisley PA1 1PR. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 33 of 254
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Appendix 1 RENFREWSHIRE COUNCIL Application No: 22/0414/PP CHIEF EXECUTIVE’S SERVICE RECOMMENDATION OF PLANNING APPLICATION Regd:26 June 2022 Applicant Agent Mr Graham Bell 5 Victoria Gardens Kilmacolm PA13 4HL Nature of Proposals Formation of extension to watersports storage compound with associated boundary fence, access and road Site Ground A, Lochlip Road, Lochwinnoch, Description This application seeks planning permission for an extension to a watersports storage compound with associated boundary fence, access and road at Castle Semple Visitor Centre in Lochwinnoch. The visitor centre is located on the northern bank of Castle Semple loch. It is bound by the national cycle network to the north with the village beyond. Castle Semple comprises of the main visitor centre building with associated club house and pontoons. There is an existing area of car parking to the southwest. The land to the northeast is already partly used for storage, and there have been previous applications in 2012, 2018 and 2019 to incrementally expand this storage area. The proposed development includes these existing areas plus a further area of expansion to the northeast which will create an overall storage area of 7,500 square metres. The storage areas will be formed by scraping back the existing grassland and laying hardcore. The land slopes gently uphill from southeast to northwest, and gabion baskets will be used for retention where necessary to ensure the ground can be levelled appropriately. The storage area will then be enclosed with 2.4m high Vmesh security fencing. Within the storage area there will be a mix of racking to store the various boats and containers for other equipment. An indicative layout of the storage area has been provided in this regard. This application also includes road access which continues northeast past the proposed storage areas. Although a site visit indicates that the road has already been formed. History Application No: 19/0431/PP Description: Formation of extension to water sports storage compound and erection of boundary fence Decision: Grant. Application No: 18/0052/PP Page 34 of 254
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Description: Formation of extension to water sports storage compound and siting of storage buildings. Decision: Grant. Application No: 12/0649/PP Description: Erection of single storey building (Class 11) with associated access. Decision: Granted subject to conditions. Application No: 12/0180/PP Description: Change of use from agricultural land to recreational use to include expansion of boat storage compound and erection of 2.4m high security fence. Decision: Granted subject to conditions. Policy and Material Considerations Adopted Renfrewshire Local Development Plan 2021 Policy ENV1 – Green Belt Policy ENV2 – Natural Heritage Policy ENV4 – The Water Environment Policy I3 – Flooding and Drainage New Development Supplementary Guidance 2021 Delivering the Environment Strategy – Green Belt, Natural Heritage and The Water Environment Delivering the Infrastructure Strategy – Flooding and Drainage Delivering the Places Strategy – Regional Parks Material Considerations Publicity The Council has undertaken neighbour notification in accordance with the requirements of legislation. Objections/Representation None received. Consultations NatureScot – No objection subject to condition regarding the implementation of works in accordance with the Construction Method Statement. Also recommend that species protection plans are prepared for otters and breeding birds. Communities & Housing Services - (Environmental Protection Team) – No comments. Environment & Infrastructure Services - (Roads) – No objection subject to conditions regarding the monitoring of parking provision and the safeguarding of existing connections to the national cycle network. Page 35 of 254
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Informative to be added: N Assessment Policy ENV1 states that development within the green belt will only be considered acceptable where it can be demonstrated that it is compatible with the provisions of the new development supplementary guidance. The supplementary guidance lists a range of developments that are considered appropriate within the green belt in principle. This includes recreational uses compatible with a natural environment setting, and tourism development. Castle Semple Visitor Centre is a well-established location for recreational activities associated with the loch. The storage of boats and other equipment to support these activities is a fundamental part of the Castle Semple development, and there is already a boat storage compound at the site. Further development of this nature will be commensurate with the waterside setting, and will support Castle Semple as a recreation destination. The development is therefore considered to be appropriate in principle All developments within the green belt must thereafter be assessed against the green belt development criteria. In this instance there will be no loss of agricultural land and no impact on wild land. In terms of traffic and access, the Environment and Infrastructure Service has offered no objections to the development. As noted above the access to the proposed storage area and the associated road to the northeast of the site has already been formed. The infrastructure does not have a significant impact on visual amenity or landscape character and is commensurate with the built up nature of the visitor centre. It is not anticipated that the development will have a significant effect on public water supply. In terms of effect on water courses from pollution risk, it is noted that NatureScot initially raised concerns over sediment and other pollutants entering the loch during the construction period. The applicant has therefore prepared a construction management plan to demonstrate how this potential pollution issue will be managed. NatureScot have confirmed that they have no objection to the development subject to the construction management plan being implemented on site during the construction phase. The Environment and Infrastructure Service has requested that existing connections between the visitor centre and the national cycle network are retained. During the site inspection it was noted that a path has been cut through the grass on the eastern edge of the existing storage area to provide an informal link to the cycle network. The proposed development will encroach upon this path. However, the applicant has advised that the path can be realigned if necessary to ensure the link is retained. A condition can be attached to ensure a plan showing the realigned route is submitted, with the route then brought into use thereafter in a timely manner. The applicant owns the land to the north east of the proposed storage area, and this provides flexibility for route options without land ownership constraints. Page 36 of 254
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The proposed development constitutes the managed expansion of an existing and well- established facility. There is already a storage area at the site, and expansion of this area will not be incongruous with regard to landscape character. There is a line of mature trees which provide a landscape backdrop to the site. The use of the area for storage of boats is also commensurate with the waterside location. The proposed boundary fencing also matches the fencing which bounds the existing storage area. Castle Semple Loch is designated as a Site of Special Scientific Interest (SSSI). As noted above the potential impact on the loch with respect to pollution risk will be managed via a construction management plan. In terms of potential impact on protected species, NatureScot have also recommended that species protection plans are prepared regarding otters and nesting birds. A condition will be attached to ensure that these plans are implemented on site to safeguard these protected species. In view of the above assessment, I am satisfied that the proposed development complies with the green belt development criteria. It is therefore considered to comply with Policy ENV1. The above assessment has also demonstrated that the development complies with Policies ENV2 and ENV3, with measures put in place to manage the potential impact on protected species and the SSSI designated Semple Loch. It is noted that due to the gradient of the site the most significant earthworks will take place along the north western boundary of the site adjacent to the row of mature trees that mark the edge of the cycle network. A condition can be used to request further details of the earthworks and any associated wall retention to ensure the root protection zones associated with the trees are not impacted. This will ensure that the trees are protected during the construction process. In view of the above, I am satisfied that the development complies with Policies ENV2 and ENV3. Policy I3 states that new development requires to avoid areas susceptible to flooding. The south eastern half of the site is within the flooding extents associated with the Semple Loch. However, in this instance the proposed water sports storage compound is a water compatible use with respect to SEPA’s land use vulnerability guidance. There is no sleeping or other residential accommodation proposed as part of the development. On this basis I am satisfied that the development is acceptable within the flood risk area, and is complaint with Policy I3 on this basis. The supplementary guidance on regional parks states that development within Clyde Muirshiel Regional Park will only be permitted where it can be demonstrated the assessment criteria have been met. In this instance, the development is for a leisure use. Nature conservation and landscape character matters have been considered above. It is not anticipated that the development will cause significant conflict with neighbouring land uses. Page 37 of 254
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A condition will be applied to ensure existing active travel networks are maintained. Habitat networks will be protected via adherence to the construction management plan. The proposed development is commensurate with the location in terms of its scale and appearance, and there will not be a significant detrimental impact on the visual amenity of the area. Finally, the development does not prevent recreational access to the area. It is anticipated that the development will enhance recreational access by improving storage of boats and other equipment at the site. Regarding the consultation responses not already addressed in the above assessment, it is noted that the Environment & Infrastructure Services have requested a condition regarding the monitoring of car parking capacity at the site. Car parking capacity is primarily an operational issue at the site. The proposed development will not result in the loss of any existing parking capacity, and the applicant has advised that the development will primarily allow for more efficient storage of boats and equipment as opposed to generating a significant increased demand which may in turn cause issues with parking. On this basis it is not necessary to apply a condition to the permission requiring monitoring of car parking capacity at the site. Index of Photographs No site visit was undertaken for this application. RECOMMENDATION Grant subject to conditions Reason for Decision 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Conditions 1. That all construction work associated with the implementation of the development hereby approved shall be undertaken in accordance with the Construction Method Statement dated the 23rd August 2022. Reason: To reduce pollution risk in the interests of protecting the water environment 2. That prior to the commencement of development on site, the developer shall provide a plan for the written approval of the Planning Authority detailing the location of the path network to the northeast of the proposed storage compound within the area demarcated by a blue line on the approved location plan. Should the development be found to encroach upon the path network the plan shall provide details of the realignment of the path network and when works associated with the realignment of the path will be undertaken. Any works associated with the realignment of the path shall thereafter be undertaken in accordance with the approved plan. Page 38 of 254
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Reason: To ensure the existing path network is protected in the interests of maintaining connections between the site and the national cycle network. 3. That prior to the commencement of development on site, the developer shall provide a species protection plan for the written approval of the Planning Authority. The plan shall set out measures to ensure that otters and nesting birds are protected during the construction process, and shall include provision for site surveys prior to work commencing and also for cessation of works should any otters or nesting birds be encountered. The development shall thereafter be implemented in accordance with the approved plans. Reason: To ensure that appropriate measures are put in place to ensure otters and nesting birds are protected during the implementation of the development. 4. That prior to the commencement of development on site, the developer shall provide a plan and further details for the written approval of the Planning Authority specifying all earth moving, associated level changes and wall retention required along the north western boundary of the site. The plan shall specifically detail these works in relation to the tree protection zones associated with the trees along the north western boundary. The plan shall take cognisance of the recommendations within BS 3857 (2012) Trees in Relation to Design, Demolition and Construction. Only the works detailed in the approved plan shall thereafter be implemented on site including any measures to protect the existing trees. Reason: To ensure the trees along the north western boundary of the site are protected in the interests of natural heritage and visual amenity. Alasdair Morrison Head of Economy and Development Page 39 of 254
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Applicant: Mr Graham Bell Ref. No: 22/0414/PP Site: Ground A Lochlip Road Lochwinnoch Officer: James Weir Documents Document Document Attached (Admin) Document Attached and Signed Decision Letter Decision Notice Appendix 1 – Report of Handling Plans to be stamped Drawing Number Drawing Title Checked Paper/DMS (Officer) Stamped DMS (BS) / Location Plan as Proposed / Block Plan 1:500 / Site Plan 1:1250 / Site Plan 1:200 / Site Plan 1:200 / Location Plan as Existing Officers Initials: JW Business Support Initials: __DM_____ Page 40 of 254
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Location Plan 1:2000 @A3 as existing CSSCStWAC WCP & CSRC sports compounds Castle Semple Lochside Field Club Compounds fo Castle Semple Sailing Club (CSSC), St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) Castle Semple Loch Page 41 of 254
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Trailer parking Trailer parking Rigging area Boat storage racks Shed Boat storage racks Car ParkingCar Parking Private Car Parking Container=kit store Container=kit Trailer parking Trailer parking 53000 39000 3900019660 39200 26166 19660 Site Plan 1:200 @A3 StWAC WCP & CSRC sports compounds Castle Semple Lochside Field Sports Club Compounds for St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) Private Car Parking Private Car Parking 26834 Page 42 of 254
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Container RescueBoat1 Site Plan 1:200 @A3 CSSC sports compound, = sailing boatstored on a trailer on grass / hardcore Castle Semple Lochside Field Sports Club Compounds for Castle Semple Sailing Club (CSSC) and Clyde Windsurfing & SUP Club (CW&SUPC). St Winnoch Angling Club (StWAC) border shown to right side of Plan Adjoining StWACcompound area SW edge (see separate 1:200 plan) Sail Store Container Container RescueBoat 2 Clubhouse = Container Container WC Container 64600 43342 56521 Sail Store Container Equipment Container Covered admin area WC 19600 30355 Page 43 of 254
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Site Plan 1:1250 @A3. CSSC CW&SUPC, StWAC WCP & CSRC sports compounds Castle Semple Lochside Field Sports Club Compounds for Castle Semple Sailing Club (CSSC), Clyde Windsurfing & SUP Club (CW&SUPC), St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) 53000 143800 3000 Page 44 of 254
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Location Plan 1:2000 @A3 as proposed CSSC StWAC WCP & CSRC sports compounds Castle Semple Lochside Field Sports Club Compounds for Castle Semple Saling Club (CSSC), Clyde Windsuring & SUP Club, St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) Castle Semple Loch Page 45 of 254
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` 22500 53000 3000 39000 39200 26166 Block Plan 1:500 @A3 StWACWCP & CSRC sports compounds Castle Semple Lochside Field Sports Club Compounds for StWinnoch Angling Club 2000 44342 14380 ` ` Block Plan 1:500 @A3 CSSC StWAC WCP & CSRC sports compounds Castle Semple Lochside Field Sports Club Compounds forCastle Semple Sailing Club (CSSC) Clyde Windsurfing & SUP Club (CW&SUPC), St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) 30355 54526 Page 46 of 254
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Supporting Information; CSSC, StWAC WCP & CSRC Sports Compounds Castle Semple Lochside Field Sports Club Compounds for Castle Semple Sailing Club, St Winnoch Angling Club (StWAC), West Coast Paddlers (WCP) and Castle Semple Rowing Club (CSRC) Field Levelling We propose to level the area of the compounds with sloping banks to account for the height drops. Where necessary, gabion baskets will be used to support the banks, after levelling the ground will be covered with a combination of hardcore and grass Fencing 2.4m high Vmesh security fence will be used to surround the area and for the internal dividing boundaries. Gates will be sited as shown on the plans Proposed Racking for CSRC Rowing boats The racking will be set into the ground in concrete. Each individual rack stands approximately 2.2m high & 3.5m wide and boat rack requires 2 supports, one at each end. The racks are set at a variable distance apart depending on the length of boat (single scull, double scull, coxed four or coxed eight) There will be 10-14 boat racks within the compound. Exact positioning of the racks will be dictated by the levelling of the storage area, distance between the racks will be approximately 3m. Page 47 of 254
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Proposed Racking for WCP Kayaks The racking will be set into the ground in concrete. Each individual rack stands approximately 2.2m high & 2m wide and boat rack requires 2 supports, one at each end. The racks are set at a variable distance apart depending on the length of boat (single kayak or double kayak) There will be 6-8 boat racks within the compound. Exact positioning of the racks will be dictated by the levelling of the storage area, distance between the racks will be approximately 2m. Containers Containers of various lengths will be used for boat and other equipment storage, changing areas and administrative areas as required by clubs. These may include areas for portable toilet units. The containers will sit on levelled ground with a hardcore base. Page 48 of 254
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From: DC <dc@renfrewshire.gov.uk> Sent: 22 Jul 2022 01:13:46 To: dc.bs@renfrewshire.gov.uk Cc: james.weir@renfrewshire.gov.uk Subject: FW: 22/0414/PP Attachments: ACON-ESE-22/0414/PP From: BS Regservices <bsregservices@renfrewshire.gov.uk> Sent: 22 July 2022 10:53 To: DC <dc@renfrewshire.gov.uk> Subject: 22/0414/PP Having reviewed the above application, this Service has no comments to make on the proposals If you require any further information on this reply please contact Colin Hunter on Page 49 of 254
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1 James Weir From: Stephen Boyle Sent: 04 August 2022 10:25 To: James Weir Subject: RE: Consultation Letter for Planning Application Ref:22/0414/PP Thanks James, I don’t see any issues with the extension. In a sense storing the boats here could be seen as a benefit as it reduces the number of times the boats would be driven to and from the Sailing club. I would offer no objection subject to conditions 1. the applicant shall monitor the parking provision and provide additional parking should it be found demand exceeds provision. 2. the field to the west of the development site offers walkers a recreational route and connects into the cycle network. The applicant shall ensure the connection to the cycle network is not removed and shall look to improve the connection where possible. Thanks Stephen -----Original Message----- From: James Weir <james.weir@renfrewshire.gov.uk> Sent: 04 August 2022 10:03 To: Stephen Boyle <stephen.boyle@renfrewshire.gov.uk> Subject: RE: Consultation Letter for Planning Application Ref:22/0414/PP Hi Stephen, Yeah sorry I received a response to this one whilst I was on holiday. Please see attached email accordingly. Let me know if this clears things up. Thanks again, ________________________________ James Weir Planner, Development Management Renfrewshire House, Cotton Street, Paisley, PA1 1JD Phone: Email: dc@renfrewshire.gov.uk Web: Renfrewshire Council Website Please consider the environment before printing this email I am currently working from home so have no access to my phone line. Please contact me by email and I will respond as soon as possible. Due to the ongoing issues related to the Coronavirus, unfortunately the Planning Authority are suspending the drop in duty planning officer service. Please contact Planning via email – dc@renfrewshire.gov.uk Please note if you submitted your application via the eDevelopment portal all additional supporting documentation in relation to your application should be submitted in the same manner as the original application. Supporting Page 50 of 254
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2 Documentation should not be sent to the Case Officers email address or to the Council’s dc@renfrewshire.gov.uk mailbox. If you have any queries with this process please contact 0300 3000 144. -----Original Message----- From: Stephen Boyle <stephen.boyle@renfrewshire.gov.uk> Sent: 03 August 2022 15:28 To: James Weir <james.weir@renfrewshire.gov.uk> Subject: FW: Consultation Letter for Planning Application Ref:22/0414/PP Hi James, Trying to clear outstanding planning response. Did you reply to this one for me? I meant to also ask would the vehicles using the site change with the development, just want to make to that the new trailers etc would not cause issues with manoeuvrability. Thanks Stephen -----Original Message----- From: Stephen Boyle Sent: 06 July 2022 08:49 To: James Weir <james.weir@renfrewshire.gov.uk> Subject: FW: Consultation Letter for Planning Application Ref:22/0414/PP Hi James Can I request some further information regarding this. The extension looks quite large and I was looking to see if the applicant can answer the following 1. is there enough parking to accommodate the extension? Mini bus parking needed? 2. how does the extension compare with the existing usage? Thanks Stephen -----Original Message----- From: dc@renfrewshire.gov.uk <dc@renfrewshire.gov.uk> Sent: 06 July 2022 07:59 To: Stephen Boyle <stephen.boyle@renfrewshire.gov.uk> Subject: Consultation Letter for Planning Application Ref:22/0414/PP Dear Stephen Boyle Please find attached important information from Renfrewshire Council with regards to the planning application submitted on 13 June 2022. The documentation relating to the application can be reviewed online through the Council's Public Access web site, if you have registered as a Consultee on the system you directly input your comments to the case through this web site. Kind regards Renfrewshire Council Renfrewshire House, Cotton Street, Paisley, PA1 1JD Page 51 of 254
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Construction Methods Statement – 23rd August 2022 Site Lochside field Castle Semple (55.79, -4.618) immediately adjacent to the existing Clyde Muirshiel compound; Lochlip road, Lochwinnoch Terms of Reference All contractors engaging in work on the planning proposal 22/0414/PP will be asked ,prior to quotation, to adhere to this construction methods statement. Timescale It is expected that the work will occur in 2 or 3 phases; Firstly the kayak , angling sailing +/- windsurfing club and at a later date the rowing club compounds would be constructed. The period of work would be around 2 weeks for each phase Contractor Preferred contractor; Artscape ltd 23 Glenvilla Circle Paisley SC299890. Access Vehicle & plant access will be via the existing entry road from the lochside path Security During the build, plant will remain on site, all fuel & portable equipment will be locked in a secure freightliner container. This will be >30m from the border of the SSSI Housekeeping There are public toilets at the Clyde Muirshiel visitor centre less than 100m from the site so there is no requirement for additional facilities Chemical control measures Site supervisors will be required to ensure there are provisions in place to minimise the possibility of fuel spillages due to the adjacency of the SSSI; Spill kits will be available & any contaminated soil will be removed to a landfill site. No refuelling will be conducted within 30m of the waterside edge of the lochside field Sediment control measures During any ground movement work silt traps will be placed at all possible outfalls (including field drains) in order to prevent contamination of the shore of Castle Semple loch. These traps will be no closer than 15m from the shore. Earthworks will not be conducted during or immediately following periods of heavy rain. Excavated materials Some ground levelling will be required to create level areas for boat racks, Any excavated materials will be re-distributed locally in order to achieve this. There is only one natural watercourse near the lochside field, a stream close to the far north-west edge of the field, however no work is planned in the vicinity of this stream. Contamination All construction vehicles will be thoroughly washed prior to arrival on site Site maintenance & inspection The site will be walked & inspected each day prior to commencing work specifically to look for ground nesting birds, inspection findings will be recorded. If any ground levelling work is anticipated from the beginning of April until the end of August, the grass will be cut in March & maintained short until the completion of the work. Other provisions To our best knowledge, there is no evidence of Eurasian otter settlement on the northwest shore of Castle Semple loch adjacent to the lochside path. If, between the preparation of this document & the commencement of work there is evidence of otter activity in this area we (the lochside field owners) will consult with NatureScot to agree any further provisions in this construction methods statement. Page 52 of 254
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31 Miller Road, Ayr KA7 2AX 31 Rathad a’ Mhùilneir, Inbhir Àir KA7 2AX 01292 294048 nature.scot NatureScot is the operating name of Scottish Natural Heritage 13 July 2022 Dear James TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 GROUND A, LOCHLIP ROAD, LOCHWINNOCH - PLANNING CONSULTATION – 22 /0414/ PP Thank you for consulting NatureScot on the above proposal dated 6 July 2022. We understand that the development being considered would comprise formation of extension to watersports storage compound with associated boundary fence, access and road. Summary There are natural heritage interests of national importance adjacent to the site, which could be affected by the proposal. The proposal is adjacent to Castle Semple and Barr Lochs Site of Special Scientific Interest (SSSI). We require further information detailed below to determine if the proposal will affect the integrity of the SSSI. We therefore object to the proposal until the further information is obtained from the applicant and considered by the Planning Authority. We will comment further once the additional information is available. Appraisal of the impacts and Advice Castle Semple and Barr Lochs Site of Special Scientific Interest (SSSI) The boundary of the proposed development is adjacent to the Castle Semple and Barr Lochs Site of Special Scientific Interest. This site is designated for it Eutrophic Loch freshwater habitat and Breeding Bird Assemblage notified features. Further information can be found on NatureScot’s Site Link website: https://sitelink.nature.scot/site/346 The Supporting Statement proposes that there will be activity to “level the area of the compounds with sloping banks to account for the height drops. Where necessary, gabion baskets will be used to support the banks, after levelling the ground will be covered with a combination of hardcore and grass”. Construction work of this nature may result in direct and indirect impacts on the SSSI through run- off of material into the loch during construction. There is also the potential for disturbance to breeding birds, if works take place during the breeding bird season (March-August). James Weir Planning Officer Renfrewshire Council By email: dc@renfrewshire.gov.uk Page 53 of 254
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2 Cadzow Court, 3 Wellhall Road, Hamilton ML3 9BG Cùirt Cadzow, 3 Rathad Wellhall, Hamilton ML3 9BG 01738 457037 nature.scot NatureScot is the operating name of Scottish Natural Heritage As no information has been provided regarding the nature and timing of works proposed, it is not possible to assess effects on the objectives of designation and the overall integrity of the area without further information. There are natural heritage interests of national importance on the site, which could be affected by the proposal. We require further information to determine if the proposal will affect the integrity of the SSSI. We therefore object to the proposal until the further information detailed below is obtained from the applicant and considered by the Planning Authority. We will comment further once the additional information is available. - Detailed information on works to be carried out, the period during which these works will take place and the likely duration of the works (in order for us to assess the possible impacts upon the breeding bird assemblage) - Surface Water Management Plan If the planning authority intends to grant planning permission against this advice without the requested information, you must notify Scottish Ministers. Protected Species We also advise that there is a known population of Eurasian Otter resident within the area, and that the applicant should consider whether a species protection plan is likely to be required. Our standing advice on otter is available here: https://www.nature.scot/professional-advice/planning-and-development/planning- and-development-advice/planning-and-development-protected-species Concluding remarks The advice in this letter is provided by NatureScot, the operating name of Scottish Natural Heritage. We hope that you will find it helpful in your consideration of these proposals. However, should you require any further information or advice, please contact Siân Williams at sian.williams@nature.scot. Yours sincerely, Lyndsey Kinnes (by email) Operations Manager West Central Scotland Page 54 of 254
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Cadzow Court, 3 Wellhall Road, Hamilton ML3 9BG Cùirt Cadzow, 3 Rathad Wellhall, Hamilton ML3 9BG 01738 457037 nature.scot NatureScot is the operating name of Scottish Natural Heritage 30 August 2022 Dear James TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 GROUND A, LOCHLIP ROAD, LOCHWINNOCH - PLANNING CONSULTATION – 22 /0414/ PP Thank you for your email of 23 August 2022 providing us with the applicant’s Construction Method Statement (CMS), relating to the formation of extension to watersports storage compound with associated boundary fence, access and road. We previously issued a holding objection dated 13 July 2022, because we needed further information at that time to determine the potential impacts of the application on Castle Semple and Barr Lochs SSSI. Summary This proposal could be progressed with appropriate mitigation measures. However, the proposal could adversely affect natural heritage interests of national importance, and we therefore object to it unless it is made subject to the measures set out below: That all works are undertaken in accordance with agreed the Construction Method Statement. If the planning authority is minded to grant planning permission without the condition recommended above the case must be notified to Scottish Ministers. We advise that a species protection plan should be prepared, which covers otters and breeding birds. This plan should be completed in advance of any works commencing on site, and should include actions that will be taken should otters or breeding birds be found on-site. It is for the planning authority to determine, within the context of its own policies, whether conditions are necessary to secure the mitigation set out above for otters and breeding birds. James Weir, Planner Development Management Renfrewshire House Cotton Street Paisley PA1 1JD By email: james.weir@renfrewshire.gov.uk Page 55 of 254
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2 Cadzow Court, 3 Wellhall Road, Hamilton ML3 9BG Cùirt Cadzow, 3 Rathad Wellhall, Hamilton ML3 9BG 01738 457037 nature.scot NatureScot is the operating name of Scottish Natural Heritage Appraisal of the impacts of the proposal and advice Castle Semple and Barr Lochs Site of Special Scientific Interest (SSSI) The boundary of the proposed development is adjacent to the Castle Semple and Barr Lochs Site of Special Scientific Interest. This site is designated for it Eutrophic Loch freshwater and Breeding Bird Assemblage features. Further information can be found on NatureScot’s Site Link website: https://sitelink.nature.scot/site/346 With regards to the Eutrophic Loch notified feature, we advise that if the measures set out in the CMS are followed then the feature should not be adversely affected. We advise that the proposal will not compromise the objectives of designation and the overall integrity of the area provided that all works are undertaken in accordance with the CMS. Breeding Birds have been noted on site as early as March, and without survey work it is not possible to be certain that otter are not present. Guidance on otters can accessed here: https://www.nature.scot/professional-advice/planning-and-development/planning-and- development-advice/planning-and-development-protected-species. We advise that a species protection plan should be prepared, which covers otters and breeding birds. Guidance on the content of a Species Protection Plan can be found on our website: https://www.nature.scot/professional-advice/planning-and-development/planning-and- development-advice/planning-and-development-protected-species. Conclusion This advice is provided by NatureScot, the operating name of Scottish Natural Heritage. We hope that you will find it helpful in your consideration of these proposals. However, should you require any further information or advice, please contact Siân Williams at sian.williams@nature.scot Yours sincerely, Lyndsey Kinnes (by email) Operations Manager West Central Scotland Page 56 of 254
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Page 1 of 8 Renfrewshire House Cotton Street Paisley PA1 1JD Tel: 0300 3000 144 Fax: 0141 618 7935 Email: dc@renfrewshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100557175-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Creation of new West Coast Paddlers (WCP) kayak club compound, expansion of the proposed StWAC compound by 1.6m in width and relocation of the footprint of the future CSRC compound 21.2m down the field in a north-easterly direction. Access road shown in plans = 230m long, 3m wide road with 1m drainage ditch on NW side. Compared to previously approved plans 19/0431/PP the road is longer & also closer to the SE border of the field. Page 68 of 254
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Page 2 of 8 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr Graham Renfrewshire Council Bell Victoria Gardens 5 PA13 4HL South-west border of proposed application = North-east border of existing windsurfing sports compound in the lochside field adjacent to Castle Semple Loch United Kingdom 659208 Kilmacom 235993 Page 69 of 254
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Page 3 of 8 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). 3095.00 Agricultural land used for cattle grazing until purchase by several watersports clubs in 2012, the lochside field currently houses 2 water-sports club compounds and has a large remaining area currently used by dog walkers / joggers. The proposal will occupy 3095m2 of the field which is has a total area of 23954m2 Page 70 of 254
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Page 4 of 8 Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No Schedule 3 Development Does the proposal involve a form of development listed in Schedule 3 of the Town and Country Yes No Don’t Know Planning (Development Management Procedure (Scotland) Regulations 2013 * If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional fee and add this to your planning fee. If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance notes before contacting your planning authority. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Are you able to identify and give appropriate notice to ALL the other owners? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate B Page 71 of 254
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Page 5 of 8 Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 I hereby certify that (1) - No person other than myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application; or – (1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates. Name: Address: Date of Service of Notice: * Name: Address: Date of Service of Notice: * Name: Address: Date of Service of Notice: * Name: Address: Date of Service of Notice: * Name: Address: Mr Tom Sprought Mr Alan Murray Mr Peter Collings Mr Rob McIver Ms Eleanor Inglis Saint Winnoch Angling Club, 2, Calderpark Avenue, Lochwinnoch, PA12 4AY Saint Winnoch Angling Club, 3, Calderhaugh Mill, Lochwinnoch, PA12 4AJ Castle Semple Sailing Club, 57, Grovepark Street, Glasgow, G207NZ Castle Semple Sailing ClubC/O, 57, Grovepark Street, Glasgow, G20 7NZ Castle Semple Rowing ClubC/O, Clyde Muirshiel Regional Park, Lochlip Rd, Lochwinnoch, PA12 4AE 23/05/2022 23/05/2022 23/05/2022 23/05/2022 Page 72 of 254
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Page 6 of 8 Date of Service of Notice: * Name: Address: Date of Service of Notice: * Name: Address: Date of Service of Notice: * Name: Address: Date of Service of Notice: * (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: Name: Address: Date of Service of Notice: * Mr Tony Synott Mr Andy Galloway Mr Martin Kerr Castle Semple Rowing Club, 119, Renfrew Road, Paisley, PA3 4EA Clyde Windsurfing & SUP Clubc/o, Clyde Muirshiel Regional Park, Lochlip Rd, Lochwinnoch, PA12 4AE Clyde Windsurfing & SUP Clubc/o, Clyde Muirshiel Regional Park, Lochlip Rd, Lochwinnoch, PA12 4AE 23/05/2022 23/05/2022 23/05/2022 23/05/2022 Page 73 of 254
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Page 7 of 8 Signed: Mr Graham Bell On behalf of: Date: 13/06/2022 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. Page 74 of 254
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Page 8 of 8 If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Graham Bell Declaration Date: 13/06/2022 Payment Details Online payment: 094681 Payment date: 13/06/2022 09:43:15 Created: 13/06/2022 09:43 Page 75 of 254
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Procedure Notice of Renfrewshire Council Local Review Body Planning Authority Response to Request for Further Information Proposal: Formation of extension to watersports storage compound with associated boundary fence, access, and road. Location: Ground A, Lochlip Road, Lochwinnoch Application type: Planning Permission Application Number: 22/0414/PP This procedure notice is in response to the LRB request for further written submissions setting out an assessment of the proposed development in relation to the relevant policies set out in National Planning Framework 4 (NPF4). The following policies within NPF4 are considered to be relevant. Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 20 – Blue and Green Infrastructure Policy 30 - Tourism Policy 8 aims to support nature networks and the management of land to help tackle climate change. Part of this is to support development within the green belt where it makes provision for outdoor recreation, play, and sport or leisure and tourism relates uses, and developments that provide opportunities for access to the open countryside. The proposed development meets the requirements of policy 8 in terms of the green belt location and its function, landscape character, external appearance, and environmental quality. Policy 20 intends to protect and enhance blue and green infrastructure and their networks. Proposals that result in fragmentation of net loss of existing blue and green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall integrity of the network will be maintained. The conditions in their current form seek to ensure the integrity of the access routes within the site is protected. Policy 20 refers to compatibility with country parks, and the development is considered to be compatible with the character of this part of the Clyde Muirshiel Regional Park. Policy 30 aims to promote sustainable tourism development. The development is aligned with this policy intention in respect of compatibility with the surrounding area, opportunities for sustainable travel, and opportunities for provision of access to the natural environment The above development complies with the relevant NPF4 policies provided the proposed conditions are attached in their current form. Item 2(c) LRB300523 Page 77 of 254
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APPELLANT’S SUBMISSIONS Item 3(a) LRB300523 Page 79 of 254
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Page 1 of 5 Renfrewshire House Cotton Street Paisley PA1 1JD Tel: 0300 3000 144 Fax: 0141 618 7935 Email: dc@renfrewshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100573860-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Hobson Architects nicholas john hobson eglinton terrace seacliff PA17 5EP Scotland skelmorlie Page 80 of 254
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Ms Marna Renfrewshire Council Murdoch Redlands Lane 23 1-2 G12 0AF land adjacent St Brydes Cottage Scotland 660938 Glasgow 238333 KelvinsideNorth Paddock Properties Ltd Page 81 of 254
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) erection of new dwellinghouse please refer to the attached Statement in Support of Notice of Review Jan 2023 Page 82 of 254
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Location plan SL001 Site plan SL002-A Statement in Support of the Planning Application in Principle June 2022 Statement in Support of the Notice of Review Jan 2023 22/0399/PP 21/10/2022 07/06/2022 Page 83 of 254
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr nicholas john hobson Declaration Date: 17/01/2023 Page 84 of 254
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NOTICE OF REVIEW IN RELATION TO THE REFUSAL BY RENFREWSHIRE COUNCIL FOR PLANNING PERMISSION IN PRINCIPLE FOR THE ERECTION OF A DWELLINGHOUSE ON SITE 50 METRES EAST OF ST BRYDE’S COTTAGE, SHIELDS HOLDINGS, LOCHWINNOCH PLANNING APPLICATION REF NO 22/0399/PP STATEMENT IN SUPPORT Report Prepared By: MICHAEL S EVANS BA (Econ); Dip TP, MRTPI, MCIM PLANNING CONSULTANT meicplan.associates “TY-NEWYDD” 11 MURCHIE DRIVE KINGS MEADOW PRESTWICK KA9 2ND NICK HOBSON BA(Hons) Dip Arch RIBA RIAS HOBSON ARCHITECTS SEACLIFF EGLINTON TERRACE SKELMORLIE PA17 5EP January 2023 Page 85 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 2 CONTENTS (i) CONCLUSIONS 1.0 INTRODUCTION / TERMS OF REFERENCE / THE PROPOSALS 2.0 AREA CONTEXT AND SITE ANALYSIS 3.0 THE COUNCIL’S REASONS FOR REFUSAL 4.0 THE REASONS FOR SEEKING A REVIEW 5.0 RESPONSE TO THE COUNCIL’S REASONS FOR REFUSAL 6.0 CONCLUSIONS Page 86 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 3 (i) CONCLUSIONS • In relation to the Green Belt, our understanding is that the Council’s primary concern is that, while Green Belt designation is not in place to prevent development from happening, any proposed development does not undermine the core role and function of the Green Belt • With this providing, in effect, an overall context, it is our contention that the proposals are not entirely incompatible with the requirements of policy, and that their development would therefore not significantly implicate or, indeed, undermine the effectiveness of these policies here or elsewhere in the LDP area • In view of the particular locational and physical characteristics of the site which have not been disputed by the Appointed Officer, it is difficult if, that is, they were treated on their own particular merits to conclude otherwise • It is not unreasonable to assume that the strategic objectives set out in Strategic Policy 14 underpin or are, in effect, the ‘core values’ of this policy. The wording of several of these are included in LDP2, Policy ENV1 and, while the proposals are not on a scale requiring a Clydeplan Schedule 14 Strategic Scales of Development response, it is nevertheless, in our view, relevant to set out our opinion re potential negative consequences, if any, that is, for a number of the more relevant objectives. (i) directing planned growth to the most appropriate locations We would agree that the proposals do not represent planned growth but we maintain that the site is a satisfactory location for development for the points made elsewhere in this document and in the Supporting Statement that formed part of the planning application. Page 87 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 4 (ii) creating and safeguarding identity through place-setting and protecting the separation between communities As Figs 1, 2 and 3 confirm, the proposals would protect the identity of the historic development pattern locally – an opinion shared by the Appointed Officer and which is returned to later. (iii) protecting and enhancing the quality, character, landscape setting and identity of settlements In the Council’s response to the planning application, it is stated that ‘… on balance, it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment.’ Otherwise, the proposals are well outwith the landscape settings of the nearest three settlements, namely Howwood, Kilbarchan and Lochwinnoch, as confirmed in the Renfrewshire LDP Proposed Plan: Green Belt Review 2019. (iv) protecting open space and sustainable access and opportunities for countryside recreation The potential impact of the proposals on the requirements of this criterion would be zero. (v) maintaining the natural role of the environment whether in terms of floodplain capacity, carbon sequestration or biodiversity The Council’s Chief Executive’s Service Recommendation of Planning Applications Report indicates that the proposals would pose no problems for any of the aforementioned. • Policy ENV1 states: ‘… in line with Clydeplan Policy 14 and the green belt objectives of Clydeplan’, aims to: Page 88 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 5 maintain the identity of settlements protects and enhances the landscape setting of an area promotes and protects access opportunities to open space across Renfrewshire In our opinion, as confirmed by our comments on Clydeplan Policy 14, Green Belt, we would maintain our position that the proposals would not compromise delivery of these objectives. • Policy ENV1 goes on to state: ‘Development within the green belt will be considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy 8 of Clydeplan …’ Shortfalls, as a general rule, are rarely ‘flagged up’ during the period of an LDP. In our opinion, for the reasons set out elsewhere, these proposals, if implemented, would not undermine the efforts of the Council to otherwise deliver on the housing land proposals set out in LDP2. • In summary, the proposals - present no threat of coalescence between settlements and would be well outwith the landscape setting of any settlement - that, despite any precise development plan guidance on settlement pattern in the Green belt, recognise the presence of clusters in the locality, identifying closely with one of these, thereby safeguarding identity through place-setting - demonstrate that, while the details provided are indicative only, careful consideration of the mixed nature of the design and scale of individual houses in the grouping can ensure that the proposals nevertheless integrate with, complement and enhance the established character of the immediate area Page 89 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 6 - would deliver appropriate landscaping that protects the quality and character of the landscape setting by following the advice provided by Scottish Natural Heritage as well as that provided by the Development Plan - would maintain the natural role of the local environment with otherwise no significant detrimental impact on identified nature conservation interests, including species and habitats or the water environment from any pollution risks or risks to air quality - would not lead to the loss of any prime agricultural land - would have traffic and access infrastructure that can be sensitively accommodated - would have no significant effects on public water supply - would incorporate renewable and low-carbon technologies and - would, as required, demonstrate a high quality of design Page 90 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 7 1.0 INTRODUCTION / TERMS OF REFERENCE / THE PROPOSALS Introduction/Terms of Reference On 7 June 2022, application was made by Nick Hobson, Hobson Architects, The Studio, Seacliff, Eglinton Terrace, Skelmorlie, North Ayrshire, PA17 5EP on behalf of the Client, Ms Marna Murdoch, North Paddock Properties Ltd, 1 – 2, 23 Redlands Lane, Kelvinside, Glasgow, G12 0AF, now of 5 Capel Avenue, Newton Mearns, Glasgow, G77 6EL, for the erection of a Dwellinghouse (in principle) on land 50 metres east of St Bryde’s Cottage, Shields Holdings, Lochwinnoch, Planning Application Ref No 22/0399/PP. As commissioned by Ms Marna Murdoch (the Client), this Notice of Review has been prepared by Michael S Evans, meicplan.associates, Planning Consultant, ‘Ty-Newydd’, 11 Murchie Drive, Kings Meadow, Prestwick, KA9 2ND, with input from Nick Hobson, Hobson Architects (as per address above) and is submitted in response to the Client’s requirements re the Council’s decision to refuse planning permission on a delegated basis on 21 October 2022. The contents of the Appointed Officer’s ‘Recommendation for Planning Application’ (a copy of which has been submitted with this Notice) is considered to be a significant material consideration. We would also advise Review Body members that this Supporting Statement should be read in conjunction with the one that formed part of refused Planning Application 22/0399/PP. This document forms part of the refused planning application, along with Planning Application Drawing Nos SL001 and SL002-A and the Statement in Support of the application dated June 2022. Page 91 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 8 The Applicant The Applicant was, until 2021, resident in the local area for over 13 years. The Site The details are provided in Part 2.0. The proposed site extends to 5,670 m2 and boundaries are shown on Planning Application Drawing No SL002-A. The Proposals The proposals are for the erection of a one-and-a-half-storey Dwellinghouse on land adjacent to St Bryde’s Cottage/Shields Road. Proposals include vehicle access from an existing gateway and associated landscaping works. The details are shown in Planning Application Drawing No SL002-A which has been resubmitted for consideration by Board members. A written description of the proposals, along with a description of the approach taken/justification of these can be found in Part 5.0 of the Supporting Statement that formed part of Planning Application 22/0399/PP. Page 92 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 9 2.0 AREA CONTEXT AND SITE ANALYSIS The Council’s document ‘Renfrewshire Local Development Supplementary Guidance 2022: Delivering the Environmental Strategy – Development Guidance – Housing in the Green Belt, is underpinned by a number of criteria. While this is a planning application in principle, drawings were included to demonstrate that the requirements of setting were taken into account and that it was demonstrated that the requirements of the following influenced the, albeit indicative, outcome, viz: • This proposal demonstrates, by way of an example, that outstanding quality of design of an appropriate scale within its setting and one that makes a positive contribution to the site and surrounding area can be achieved • The proposal integrates with, complements and enhances the established character of the area and would have no significant detrimental impact on the landscape character In order to confirm the above, it is important for LRB members to be aware of the approach taken to understanding the geographical/landscape context into which the proposals would be introduced and to emphasise their sustainability in this regard. • Wider Landscape Context The Glasgow and the Clyde Valley Landscape Character Assessment was published by SNH in 1999 and this document has provided information that the relevant local planning authorities, including Renfrewshire, have relied on consistently for the formulation of policies for development and countryside management in Glasgow and the Clyde Valley. Page 93 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 10 Fig 5.1, Regional Character Areas, a large-scale plan, suggests that the site falls just within area (viii), the Inner Clyde Valley (a copy of Fig 5.1 can be found in the Appendix). The more detailed Landscape Classification provided later in the document indicates that the site falls within a Broad Valley Lowland, i.e. Landscape Area 10 and, even more specifically, Area 10a, Lochwinnoch, as shown in Map 10 (a copy of which can be found in the Appendix). The Clyde Valley Landscape Character Assessment provided detailed development planning and management guidelines, which are returned to in Part 4.0, Assessment/Design Principles. A copy of this can be found in the Appendix which is not repeated in the update. The Council’s own Landscape Assessment carried out in 2011 relied heavily on SNH’s 1999 Assessment. It quoted SNH’s overall assessment which, in relation to the requirements of policy, highlighted that ‘landscape planning and management should aim to conserve and enhance the diversity of this valley landscape and its component parts. In particular, this should aim to protect the transitions between valley floor and surrounding hills and prevent developments which would obscure the inherent changes in character’. The proposal is located within the transitional area between the more settled agricultural flood plain and valley edge and the less populated valley sides to the adjacent hills. More recently, the Landscape Character Assessment carried out by NatureScot and published in 2019 reconfirmed that the site was in LCT 205, that is Broad Valley Lowland – Glasgow and the Clyde Valley. Page 94 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 11 Settlement Pattern On this matter, the description provided in both Assessments is of a highly generalised nature. Although policy highlights the need to ‘… complement and enhance the established character of the area …’, in the Glossary of LDP2, no advice is offered on the matter of settlement pattern. The acceptability/sustainability of, in relation to, development takes on a heightened relevance in countryside areas. In the absence of detail in relation to policy guidance on settlement pattern in the countryside, the location of the proposals, in our opinion, has taken account of the historic pattern of development within the immediate area as set out below. • ‘Broader’ Local Context This we have defined as the area shown in Fig 2 on page 13. It was considered important to recognise the relationship of the proposals with the long-established pattern of development along Shields Holdings to the west. • ‘Nearer’ Local Context This we have interpreted as being the area shown in Fig 3. The proposed site sits at the eastern end of a recognisable cluster of 4 one- and one-and-a-half-storey dwellings around the junction of Shields Holdings and Bridesmill Road. The site itself is bordered to the north and north east by an existing stone wall to the main road, to the east and south by a wooded gorge and to the west by post-and-wire fencing to the adjoining properties. The circumstances of the immediate local context are illustrated by the photographs on page 17. Page 95 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 12 Fig 1: Planning Application Drawing No SL002-A – Location Plan Page 96 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 13 Fig 2: Planning Application Drawing No SL001 – Broader Local Context Page 97 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 14 Fig 3: Nearer ‘Local’ Context Site Analysis In addition to landscape context and settlement pattern, importantly the objective in the planning application process was to confirm the overall sustainability of the site in relation to the following: • Topography/Current Use The site is currently a well-defined field, generally flat but which gently slopes from the midpoint line of the site to the south and south east. On the eastern and south-eastern edge, the site is well sheltered from the mature tree belt following the existing gorge and burn below. Page 98 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 15 The site has a more open aspect to the south and south west, so is exposed to the prevailing weather. However, it does provide good opportunities for renewable energy generation. The photographs on page 17 regarding the setting, together with Fig 4 on page 18, indicate how well the proposals would sit within the local context. • Microclimate Situated at only 52.5 metres OD and in a relatively sheltered location, the site is not overly exposed to extreme weather that would implicate sustainability. Information about elements of microclimate is shown on Fig 4, Site Characteristics, on page 18. • Services The proximity of the adjoining cluster of houses confirms that water, electricity and telephone supplies/capacity are nearby. Adjacent dwellings are served by private foul water septic tank or treatment plants. The size and topography of the site plus the proximity of the existing burn means an on-site SUDS scheme would be possible to deal with surface water. • Connectivity Vehicle access to the site would be via the existing access gate at the junction of the private road and Bridesmill Road. Bridesmill Road leads to the A737, some 0.5 miles to the east and Lochwinnoch some 3.5 miles to the west. Howwood railway station is approximately 1 mile to the east of the site which provides regular connections to Glasgow and the Ayrshire coast. Page 99 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 16 There is an existing pedestrian/cycle path (National Route 7) some 800 m to the south which links Glasgow to Lochwinnoch, Johnstone and Paisley. McGill’s bus service 307 runs along Bridesmill Road linking Lochwinnoch to Johnstone and connects to other services beyond. • Current Use Vacant, not in current use. Page 100 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 17 Site Photos View at site entrance looking south along road edge View at site entrance looking south View from centre of site looking north View from south-western corner looking south View looking into site from St Bryde’s bridge View looking west from southern boundary View of private road junction with road Page 101 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 18 Fig 4: Site Characteristics Page 102 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 19 3.0 THE COUNCIL’S REASONS FOR REFUSAL These are: 1. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Housing in the Green Belt as it has not been demonstrated that there is a specific locational need for a dwellinghouse 2. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Green Belt Development as it has not been demonstrated that the site can be accessed safely, and that traffic and access infrastructure can be accommodated sensitively Page 103 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 20 4.0 THE REASONS FOR SEEKING A REVIEW • In our opinion, the proposals are not entirely incompatible with the requirements of Policy ENV1 and that their development would therefore not significantly implicate or, indeed, undermine the effectiveness of this and other relevant policies here or elsewhere in the LDP area • As a consequence, the proposals would not serve to undermine the core role and function of the Green Belt • That, in addition, the proposals are otherwise compatible with the requirements of other relevant policies Page 104 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 21 5.0 RESPONSE TO THE COUNCIL’S REASONS FOR REFUSAL Reason for Refusal 1 ‘The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Housing in the Green Belt as it has not been demonstrated that there is a specific locational need for a dwellinghouse’ Response In relation to the Green Belt, our understanding is that the Council’s primary concern is that, while Green Belt designation is not in place to prevent development from happening, any proposed development does not undermine the core role and function of the Green Belt. With this providing, in effect, an overall context, it is our contention that the proposals are not entirely incompatible with the requirements of policy, and that their development would therefore not significantly implicate or, indeed, undermine the effectiveness of these policies here or elsewhere in the LDP area. In view of the particular locational and physical characteristics of the site which have not been disputed by the Appointed Officer, it is difficult if, that is, they were treated on their own particular merits to conclude otherwise. The Appointed Officer refers in the Reasons for Refusal specifically to: • Clydeplan Policy 14 • LDP Policy ENV1 Page 105 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 22 • New Development Supplementary Guidance and, in the context of his report, to • Clydeplan Policy 8 Our commentary on the requirements of the above in relation to the proposals is provided below: Policies of the Development Plan Clydeplan Policy 14 The policy ‘context’ for Renfrewshire LDP2, Policy ENV1, is provided by Clydeplan Policy 14, Green Belt. Para 8.15 of Policy 14 sets out the objectives of this policy. It is not unreasonable to assume that the strategic objectives set out in Strategic Policy 14 underpin or are, in effect, the ‘core values’ of this policy. The wording of several of these are included in LDP2, Policy ENV1 and, while the proposals are not on a scale requiring a Clydeplan Schedule 14 Strategic Scales of Development response, it is nevertheless, in our view, relevant to set out our opinion re potential negative consequences, if any, that is, for a number of the more relevant objectives. (i) directing planned growth to the most appropriate locations We would agree that the proposals do not represent planned growth but we maintain that the site is a satisfactory location for development for the points made elsewhere in this document and in the Supporting Statement that formed part of the planning application. (ii) creating and safeguarding identity through place-setting and protecting the separation between communities Page 106 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 23 As Figs 2 and 3 confirm, we would maintain that the proposals protect the identity of the historic development pattern locally – an opinion shared by the Appointed Officer and which is returned to later. Otherwise, the nearest settlements, as defined in LDP2, are Lochwinnoch (3 miles to the west), Kilbarchan (3 miles to the north east) and Howwood (1 mile to the east). (iii) protecting and enhancing the quality, character, landscape setting and identity of settlements In the Council’s response to the planning application, it is stated that ‘… on balance, it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment.’ Otherwise, the proposals are well outwith the landscape settings of the nearest three settlements, namely Howwood, Kilbarchan and Lochwinnoch, as confirmed in the Renfrewshire LDP Proposed Plan: Green Belt Review 2019. (iv) protecting open space and sustainable access and opportunities for countryside recreation The potential impact of the proposals on the requirements of this criterion would be zero. (v) maintaining the natural role of the environment whether in terms of floodplain capacity, carbon sequestration or biodiversity The Council’s Chief Executive’s Service Recommendation of Planning Applications Report indicates that the proposals would pose no problems for any of the aforementioned. Page 107 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 24 LDP2: Policy ENV1 Policy ENV1 states: ‘… in line with Clydeplan Policy 14 and the green belt objectives of Clydeplan’, aims to: • maintain the identity of settlements • protects and enhances the landscape setting of an area • promotes and protects access opportunities to open space across Renfrewshire In our opinion, as confirmed by our comments on Clydeplan Policy 14, Green Belt, we would maintain our position that the proposals would not compromise delivery of these objectives. Policy ENV1 goes on to state: ‘Development within the green belt will be considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy 8 of Clydeplan …’ Interestingly, the word ‘shortfall’ does not appear in the Glossary of terms of either Clydeplan or LDP2. Shortfalls are rarely ‘flagged up’ during the timescale of a Development Plan but there are almost inevitably slippages. That said, the granting of consent for these proposals would not undermine the efforts of the Council to otherwise deliver on the housing land proposals set out in LDP2. Clydeplan Policy 8: Housing Land Requirement While not specifically mentioned in the Reasons for Refusal, the Appointed Officer’s report draws attention to the relationship between this policy and Policy 14. Page 108 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 25 Policy 8 requires that figures for all tenure Housing Land Requirements are provided for Housing Sub Market Areas. At the strategic level, the whole of Renfrewshire is considered to be a Housing Sub Market Area and it is stated in LDP2 that sufficient land has been identified to satisfy requirements for the plan period. While not specifically mentioned in the Reasons for Refusal, the Appointed Officer refers to: Policy 8 of Clydeplan This Policy has five criteria, namely: • the development will help to remedy the shortfall which has been identified Currently, no shortfall has been identified in Renfrewshire but the question is, would granting consent for these proposals undermine the Council’s efforts to deliver the housing proposals set out in LDP? We think not. • the development will contribute to sustainable development We have argued elsewhere in this Statement and the Supporting Statement that formed part of the refused planning application that development of this site, based on a range of widely used criteria, would be considered to be sustainable. • the development will be in keeping with the character of the settlement and the local area It would be. • the development will not undermine Green Belt objectives In our opinion, it would not. • any additional infrastructure required as a result of the development is either committed or to be funded by the developer Page 109 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 26 There would be no infrastructure issues. Housing Need The Appointed Officer uses the phrase ‘…specific locational need …’ in his report. This, of course, is more specifically a ‘requirement’ rather than a need, as described in the Council’s Housing Need and Assessment 3 (HNDA 3) which has informed the latest Housing Strategy. HNDA 3 provides an authority-wide estimate of future need by tenure. The relevance to the case at hand is that, since the adoption of LDP2, to gain a more comprehensive and detailed impression of the operation of the housing market system in Renfrewshire, a detailed study to build upon the outputs of HNDA 3 has been commissioned and will set out the local housing need and demand for Renfrewshire. Should this local housing need and demand study alter the housing need for Renfrewshire, these changes will be subject to a further period of consultation with local communities and by stakeholders. Importantly, for the purpose of this exercise, Renfrewshire is divided into five Housing Market Sub Areas. A copy of the map of the boundaries of these areas is found in the Appendix. The proposed site falls within the West Renfrewshire Housing Market Sub Area. With the exception of half a dozen or so formally identified settlements, the bulk of West Renfrewshire is countryside and all of this is Green Belt. At present, neither the Council’s planning nor housing policies make reference to any measurement of ‘need’ within countryside areas, nor is information provided on need/shortfall on anything other than a Renfrewshire-wide basis. Page 110 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 27 The Planning (Scotland) Act 2019, because of timing, had little or perhaps no bearing on the LDP2 plan-making process. Section 3A confirms that one of the outcomes of NPF should be ‘increasing the population of rural areas of Scotland’ and that LDP policies should, in future, be based on details of population. It is not for one moment being suggested that the Council is completely unconcerned about what happens to population levels in the Renfrewshire Countryside/Green Belt but neither does it seem to be taking account of what might be happening. It is understood, for example, that currently there is no monitoring of planning applications for housing in the area of Policy ENV1 and therefore its potential consequences for population levels. While understanding a requirement for application of the precautionary principle, there must be, in the final analysis, otherwise sustainable opportunities for new housing in the countryside, including the site that is the subject of this review, which, treated on their own merits, can deliver small-scale development without undermining the core values of the Development Plan Green Belt policies. To provide a sense of perspective, it is quite likely that a significant number of houses now in the Renfrewshire Countryside would likely fail to achieve planning consent if they were the subject of current planning applications. It is conceivable that there is a ‘need’ in the Renfrewshire Countryside for which there is currently no policy response. Policy ENV1 goes on to provide details of ‘Development within the green belt … considered appropriate …’ Not all of those shown on page 74 of LDP2 are housing specific and the proposals do not fall into any of the categories listed. Page 111 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 28 While these are the detailed ‘implementation end’ of Policy ENV1, our position is that the particular characteristics of the site means that the proposals present no threat to the underlying principles of Green Belt policy as the details shown elsewhere confirm. Renfrewshire Local Development Plan: New Development Supplementary Guidance Members of the Board will be aware that, in relation to Housing in the Green Belt, it is stated that residential development proposals will be considered in relation to six criteria, subject, that is, to ‘residential use considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy ENV1 Green belt and Policy 8 of Clydeplan 2017’. These latter points have been dealt with earlier but it is important to note once more that information on shortfall is available only on a Renfrewshire-wide basis. Three of the six criteria are relevant in this case, namely: • it is demonstrated that there is a need for the residential use to be located outwith the settlement As stated earlier, the matter of ‘need’ within countryside areas in Renfrewshire requires further clarification, but currently the details of the Council’s Green Belt policy are underpinned by a list of ‘requirements’ rather than an assessment of need. • the proposal demonstrates outstanding quality of design, is of an appropriate scale within its setting and makes a positive contribution to the site and surrounding area No guidance is provided by LDP2 in the matter of ‘outstanding quality’ and ‘positive contribution’ but, notwithstanding this, the appointed officer’s report confirms accepting that this was an in principle application, the Page 112 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 29 response was that ‘… the applicant has provided indicative designs which show a dwellinghouse could be accommodated on the plot with respect to its dimensions’. • the proposal integrates with, complements and enhances the established character of the area and has no significant detrimental impact on the landscape character The appointed officer concurs and states: ‘On balance, it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment.’ Green Belt Development Criteria are set out on page 31 of the Supplementary Guidance. Of the 12 criteria listed, the Appointed Officer has identified only one, i.e. ‘Traffic and access infrastructure can be sensitively accommodated’, as been problematic and this matter is addressed in our response to Reason for Refusal 2 later. Other Policies of the Development Plan It is generally accepted that the presumption in favour of the Development Plan may be rebutted if material considerations indicate otherwise. As Board members will be aware, material considerations are not given a statutory definition, although a number of them can readily be identified either directly or indirectly from statutes or from government policy statements. Otherwise, it has been left to the courts to develop the meaning of the term. There is therefore no exhaustive legally agreed list. In para 6.51 of the Third Edition of ‘Scottish Planning Law’, by Raymond McMaster, Alan Prior and John Watchman, the authors, however, include a Page 113 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 30 number of ‘following considerations’, amongst them being: ‘The fact that a proposal complies with some of the policies in the development plan’. In this regard, we have argued that the situation pertaining to Planning Application 22/0399/PP is somewhat different from this in that the proposals are not at variance with the requirements of aspects of Green Belt policy and, at the very least, would, if implemented, not threaten the robustness/viability of the policy. That said, and in response to the quote taken from Scottish Planning Law, we would maintain that the Supporting Statement for Application Ref No 22/0399/PP confirms the overall compliance of the proposals with overall policy objectives, together with the primary requirements of Policy ENV1, which have their origins in Clydeplan Policy 14. On the matter of other relevant policies of the Development Plan, the proposals comply with the requirements of ENV2, Natural Heritage; Policy ENV4, Water Environment; Policy ENV5, Air Quality; Policy P1, Renfrewshire Places; Policy P5, Green/Blue Network; Policy P6, Open Space, and Policy 14, Renewable and Low Carbon Technologies. Reason for Refusal 2 ‘The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Green Belt Development as it has not been demonstrated that the site can be accessed safely, and that traffic and access infrastructure can be accommodated sensitively’ Response The Response to Reason for Refusal 1 confirms, in our opinion, that the proposals do not offend the primary requirements of Strategic Policies 8 and Page 114 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 31 14 and of LDP2, Policy ENV1. In addition, they also conform to the requirements of all other relevant policies as described above. As for the matter of traffic and access, the Appointed Officer confirms that the Council’s Environment and Infrastructure Service has ‘raised no objections, subject to conditions relating to the proposed access’. These potential conditions are not made public. The Appointed Officer, however, introduces his own objective that ‘It is noted that the sight lines required by this service would be difficult to achieve and would likely involve realignment of the existing boundary wall which would not be desirable’. The guidance (SG) states that ‘traditional field enclosures and landscaped features should be respected’. This is returned to later. The full policy statement taken from Green Belt Development Criteria contains a number of elements: (i) Development will not have a significant detrimental impact on the local landscape character (ii) Development layout, design and siting must reflect local landscape character (iii) and respect and incorporate important landscape features such as traditional field enclosures, water courses, woodlands and skyline (i) Local landscape character was one of the key considerations in the approach taken to the proposals. The Clyde Valley Landscape Assessment, SNH, 1999, the Council’s own Landscape Assessment 2011, and NatureScot’s Landscape Character Assessment 2019 which placed the proposed site within LCT 205, i.e. Broad Valley Lowland – Glasgow and the Clyde Valley, were all used to ensure that the proposals would not negatively impact local landscape character. Indeed, the Appointed Officer agrees that ‘On balance, it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment’. Page 115 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 32 (ii) In relation to (ii), the Appointed Officer’s concern appears to be what he considers might be the implications of sight lines required by Environment and Infrastructure Service (which are not described by them?) That these would likely involve realignment of the existing boundary wall which, in the Appointed Officer’s opinion, would not be desirable because SG states that traditional field enclosures and landscape features should be respected. In the first instance, while the wall might be viewed as a boundary of a ‘traditional field enclosure’ (although what this feature is meant to comprise is not defined anywhere in LDP2 or SG). As a wall, it is not a traditional field boundary. Indeed, ‘traditional field boundaries’ are more often than not embankments/hedgerows with perhaps some trees included. The wall, otherwise, is not recognised as a cultural asset anywhere in LDP2 or Supplementary Guidance. In the final analysis, we do not consider the wall to represent a ‘traditional field boundary’. That said, as the planning application drawings confirm, the intention would be to use the existing access and therefore minimise any physical implications for the wall which would otherwise be considered important to the amenity of the proposals. (iii) The adjacent St Bryde’s Burn is seen as an important feature but would be unaffected by the proposals. The intention would also be to intensify tree cover to create a natural woodland comprising indigenous species and thereby strengthen biodiversity. The proposals would not impact negatively on skylines. Page 116 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 33 6.0 CONCLUSIONS • In relation to the Green Belt, our understanding is that the Council’s primary concern is that, while Green Belt designation is not in place to prevent development from happening, any proposed development does not undermine the core role and function of the Green Belt • With this providing, in effect, an overall context, it is our contention that the proposals are not entirely incompatible with the requirements of policy, and that their development would therefore not significantly implicate or, indeed, undermine the effectiveness of these policies here or elsewhere in the LDP area • In view of the particular locational and physical characteristics of the site which have not been disputed by the Appointed Officer, it is difficult if, that is, they were treated on their own particular merits to conclude otherwise • It is not unreasonable to assume that the strategic objectives set out in Strategic Policy 14 underpin or are, in effect, the ‘core values’ of this policy. The wording of several of these are included in LDP2, Policy ENV1 and, while the proposals are not on a scale requiring a Clydeplan Schedule 14 Strategic Scales of Development response, it is nevertheless, in our view, relevant to set out our opinion re potential negative consequences, if any, that is, for a number of the more relevant objectives. (i) directing planned growth to the most appropriate locations We would agree that the proposals do not represent planned growth but we maintain that the site is a satisfactory location for development for the points made elsewhere in this document and in the Supporting Statement that formed part of the planning application. Page 117 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 34 (ii) creating and safeguarding identity through place-setting and protecting the separation between communities As Figs 1, 2 and 3 confirm, the proposals would protect the identity of the historic development pattern locally – an opinion shared by the Appointed Officer and which is returned to later. (iii) protecting and enhancing the quality, character, landscape setting and identity of settlements In the Council’s response to the planning application, it is stated that ‘… on balance, it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment.’ Otherwise, the proposals are well outwith the landscape settings of the nearest three settlements, namely Howwood, Kilbarchan and Lochwinnoch, as confirmed in the Renfrewshire LDP Proposed Plan: Green Belt Review 2019. (iv) protecting open space and sustainable access and opportunities for countryside recreation The potential impact of the proposals on the requirements of this criterion would be zero. (v) maintaining the natural role of the environment whether in terms of floodplain capacity, carbon sequestration or biodiversity The Council’s Chief Executive’s Service Recommendation of Planning Applications Report indicates that the proposals would pose no problems for any of the aforementioned. • Policy ENV1 states: ‘… in line with Clydeplan Policy 14 and the green belt objectives of Clydeplan’, aims to: Page 118 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 35 maintain the identity of settlements protects and enhances the landscape setting of an area promotes and protects access opportunities to open space across Renfrewshire In our opinion, as confirmed by our comments on Clydeplan Policy 14, Green Belt, we would maintain our position that the proposals would not compromise delivery of these objectives. • Policy ENV1 goes on to state: ‘Development within the green belt will be considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy 8 of Clydeplan …’ Shortfalls, as a general rule, are rarely ‘flagged up’ during the period of an LDP. In our opinion, for the reasons set out elsewhere, these proposals, if implemented, would not undermine the efforts of the Council to otherwise deliver on the housing land proposals set out in LDP2. • In summary, the proposals - present no threat of coalescence between settlements and would be well outwith the landscape setting of any settlement - that, despite any precise development plan guidance on settlement pattern in the Green belt, recognise the presence of clusters in the locality, identifying closely with one of these, thereby safeguarding identity through place-setting - demonstrate that, while the details provided are indicative only, careful consideration of the mixed nature of the design and scale of individual houses in the grouping can ensure that the proposals nevertheless integrate with, complement and enhance the established character of the immediate area Page 119 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 36 - would deliver appropriate landscaping that protects the quality and character of the landscape setting by following the advice provided by Scottish Natural Heritage as well as that provided by the Development Plan - would maintain the natural role of the local environment with otherwise no significant detrimental impact on identified nature conservation interests, including species and habitats or the water environment from any pollution risks or risks to air quality - would not lead to the loss of any prime agricultural land - would have traffic and access infrastructure that can be sensitively accommodated - would have no significant effects on public water supply - would incorporate renewable and low-carbon technologies and - would, as required, demonstrate a high quality of design Page 120 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 37 APPENDIX Settlements within Renfrewshire and Housing Market Sub Areas Page 121 of 254
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Notice of Review in Relation to Refusal by Renfrewshire Council for Planning Permission in Principle for Erection of Dwellinghouse on Site 50 Metres East of St Bryde’s Cottage, Shields Holdings, Lochwinnoch: Statement in Support Prepared for: Ms Marna Murdoch 38 Page 122 of 254
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STATEMENT IN SUPPORT OF PLANNING APPLICATION IN PRINCIPLE FOR DWELLINGHOUSE ON PLOT AT SHIELDS HOLDINGS, LOCHWINNOCH, PA12 4HL REPORT PREPARED ON BEHALF OF NORTH PADDOCK PROPERTIES LTD PER MRS MARNA MURDOCH 1/2 REDLANDS LANE, GLASGOW, G12 0AF Report By: MICHAEL S EVANS BA (Econ); Dip TP, MRTPI, MCIM PLANNING CONSULTANT meicplan.associates “TY-NEWYDD” 11 MURCHIE DRIVE KINGS MEADOW PRESTWICK KA9 2ND NICK HOBSON BA(Hons) Dip Arch RIBA RIAS HOBSON ARCHITECTS SEACLIFF EGLINTON TERRACE SKELMORLIE PA17 5EP June 2022 Page 125 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 2 CONTENTS (i) CONCLUSIONS 1.0 INTRODUCTION AND BACKGROUND INFORMATION • Background • Project Team • The Applicant • Project Brief • The Site • The Proposals • Scope and Purpose of this Supporting Statement 2.0 AREA CONTEXT AND SITE ANALYSIS Area Context Site Location within the broader area and local context The Site Site Boundaries Site Analysis, i.e. - its topography - views in and out (photographs) - its relationship to neighbours - what exists within the site/current use - development options considered? 3.0 PLANNING HISTORY 4.0 ASSESSMENT / DESIGN PRINCIPLES • Introduction Page 126 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 3 • The implications of the Characteristics of the Site, etc. for location of proposals/design, including photographic evidence, maps and diagrams • Response to relevant Planning Policy, advice and guidance from relevant source documents at national, regional and local levels • Other relevant Material Considerations 5.0 CONCEPTS AND PROPOSALS • Landscape Context • Site Details • Site Boundaries • Architectural Proposals • The Vernacular • Structural Considerations • Sustainability and Energy Efficiency • Details and Materials • Parking, Circulation and Servicing • Landscaping 6.0 CONCLUSIONS APPENDIX • Glasgow and the Clyde Valley Landscape Character Assessment • Glasgow and the Clyde Valley Broad Valley Lowland • Broad Valley Lowland SNH Development planning and management guidelines • Informal Response from Renfrewshire Planning, 28 October 2014 Page 127 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 4 (i) CONCLUSIONS • In relation to the Green belt, the Council’s primary concern is that, while the Green belt designation is not in place to prevent development from happening, proposed development must not undermine the core role and function of the Green belt re to direct planned growth to suitable locations and safeguard the openness of the area • These guidelines/parameters have underlined the approach taken and that, as a result, we have delivered proposals that, if approved, would not impact negatively on the core role and function of the Green belt and, as a result, undermine the robustness and effectiveness of policy here or elsewhere in the Local Development Plan area. In so doing, and in detail: • the proposals - present no threat of coalescence between settlements and would be well outwith the landscape setting of any settlement - that, despite any precise development plan guidance on settlement pattern in the Green belt, recognise the presence of clusters in the locality, identifying closely with one of these, thereby safeguarding identity through place-setting - demonstrate that there has been careful consideration of the mixed nature of the design and scale of individual houses in the grouping to ensure that the proposals nevertheless integrate with, complement and enhance the established character of the immediate area - deliver appropriate landscaping that protects the quality and character of the landscape setting by following the advice provided by Scottish Natural Heritage as well as that provided by the Development Plan - maintain the natural role of the environment with no significant detrimental effect on identified nature conservation interests, including species and habitats or the water environment from any pollution risks or risks to air quality - will not lead to the loss of any prime agricultural land Page 128 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 5 - will have traffic and access infrastructure that can be sensitively accommodated - will have no significant effects on public water supply - incorporate renewable and low-carbon technologies and - demonstrate a high quality of design - Scottish Ministers have confirmed that one of the outcomes of National Planning Framework should be ‘increasing the population of the rural areas of Scotland’. Consultation on a draft NPF4 (Scotland 2045 – fourth National Planning Framework), published on 21 November 2021 ended on 31 March 2022, and the outcome of this is awaited. Whatever the outcome is likely to be, the direction of travel of the debate so far strongly suggests that change is on the way. As the National Records of Scotland’s April 2022 report indicates, 91% of the country’s population lives on 2.3% of its land. Elsewhere, it has been confirmed that 95% of Scotland is described as countryside. Not a commodity in short supply therefore. It is likely that there will be a response to what Savills in a recent report to the Scottish Land Commission stated as being ‘… an overly protective and relatively static approach to planning for rural areas across much of rural Scotland as evidenced by policies that are counter to the Scottish Government’s focus on rural depopulation’. One of the drivers of change must surely be the emergence – primarily as a result of the pandemic – of the transition to remote working by many more individuals. There is already emerging evidence that the shift to remote working is prompting people to look to move. Page 129 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 6 This represents an opportunity to support a broader rebalancing of the population. All of that said, and whatever changes might be in the offing, it is our opinion that the proposals in their present form are entirely compatible with the core values of greenbelt policy and the requirements of sustainability. In the following sections of this Statement, we set out the case as to how we have come to these conclusions. Page 130 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 7 1.0 INTRODUCTION AND BACKGROUND INFORMATION • Background This report has been commissioned by North Paddock Properties Ltd per Mrs Marna Murdoch, 1/2 Redlands Lane, Glasgow, G12 0AF. At the time of writing, it is understood that Mrs Murdoch was the owner of the site shown in Fig 1 and Drawing No 2007-SL002 which forms part of the planning application. • Project Team The Project Team comprises: ▪ Michael S Evans, Planning Consultant, meicplan.associates, ‘Ty-Newydd’, 11 Murchie Drive, Kings Meadow, Prestwick, KA9 2ND and ▪ Nick Hobson, Hobson Architects, Seacliff, Eglinton Terrace, Skelmorlie, PA17 5EP • The Applicant Application is made on behalf of the owner, North Paddock Properties Ltd per Mrs Marna Murdoch, and is made on her behalf by Nick Hobson. • Project Brief Refer to Scope and Purpose of this Supporting Statement but, basically, it is to achieve on behalf of the Client a development that does not undermine the core role and function of the Greenbelt. Page 131 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 8 • The Site As Fig 1 on page 10, which also forms part of the application, confirms, the site which extends to 5,670 m2 fronts on to Bridesmill Road. The site is closely related physically to a cluster of dwellings in the countryside comprising 4 existing units as shown in Fig 2 on page 10. • The Proposals The proposals are for the erection of a new one-and-a-half-storey dwellinghouse on land adjacent to St Bryde’s Cottage/Shields Road. Proposals include vehicle access from an existing gateway and associated landscaping works. Details are to be found in Part 5.0. • Scope and Purpose of this Supporting Statement This Statement forms part of the planning application and relates to the area of ground shown in Fig 1 and in Drawing No 1820-SL003 which also forms part of the planning application. Pre-application advice dated 28 October 2014 stated that ‘While the green belt designation is not in place to prevent development from happening, proposed development must not undermine the core role and function of the green belt which is to direct planned growth to suitable locations and safeguard the openness of areas …’ It was recommended that a planning application be accompanied by a ‘strong supporting statement which sets out why the development can be justified within the context of the green belt policies’. Although this advice was provided eight years ago and the development plan position at strategic and local levels has moved on since then, Greenbelt policy at both levels has substantially remained relatively unaltered. Page 132 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 9 The purpose of this Supporting Statement is therefore to confirm that the proposals would not undermine the core role and function of the Greenbelt and, as a result, undermine the robustness and effectiveness of Greenbelt policy here or elsewhere within the Local Development Plan area. To arrive at this conclusion, the requirement has also been to assess implications for a range of other relevant policies, guidance, advice and material considerations as set out in Part 4.0. As part of the process, and while this is a planning application in principle, we have in Part 5.0, ‘Concepts and Proposals, included a level of detail not usually required, but the intention is to confirm what might be possible in development terms, that sits comfortably within the landscape context, both broad and local, and, as a result, contributes to confirming that proposals could be delivered that would not undermine the core role and function of the Greenbelt. This does not preclude the possibility of other solutions being arrived at. Page 133 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 10 Fig 1: The Site Fig 2: The Cluster Page 134 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 11 2.0 AREA CONTEXT AND SITE ANALYSIS • Wider Landscape Context The Glasgow and the Clyde Valley Landscape Character Assessment was published by SNH in 1999 and this document has provided information that the relevant local planning authorities, including Renfrewshire, have relied on consistently for the formulation of policies for development and countryside management in Glasgow and the Clyde Valley. Fig 5.1, Regional Character Areas, a large-scale plan, suggests that the site falls just within area (viii), the Inner Clyde Valley (a copy of Fig 5.1 can be found in the Appendix). The more detailed Landscape Classification provided later in the document indicates that the site falls within a Broad Valley Lowland, i.e. Landscape Area 10 and, even more specifically, Area 10a, Lochwinnoch, as shown in Map 10 (a copy of which can be found in the Appendix). The Clyde Valley Landscape Character Assessment provided detailed development planning and management guidelines, which are returned to in Part 4.0, Assessment/Design Principles. A copy of this can be found in the Appendix which is not repeated in the update. The Council’s own Landscape Assessment carried out in 2011 relied heavily on SNH’s 1999 Assessment. It quoted SNH’s overall assessment which, in relation to the requirements of policy, highlighted that ‘landscape planning and management should aim to conserve and enhance the diversity of this valley landscape and its component parts. In particular, this should aim to protect the transitions between valley floor and surrounding hills and prevent developments which would obscure the inherent changes in character’. Page 135 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 12 The proposal is located within the transitional area between the more settled agricultural flood plain and valley edge to two populated valley sides and to the adjacent hills. These points are also returned to in Part 4.0, Assessment/Design Principles. More recently, the Landscape Character Assessment carried out by NatureScot and published in 2019 reconfirmed that the site was in LCT 205, that is Broad Valley Lowland – Glasgow and the Clyde Valley. Settlement Pattern On this matter, the description provided in both Assessments is of a highly generalised nature. In the Glossary of LDP2, no advice is offered on the matter of settlement pattern. The acceptability/sustainability of, in relation to, development takes on a heightened relevance in countryside areas. In the absence of detail in relation to policy guidance on settlement pattern in the countryside, the location of the proposals has taken account of the historic pattern within the immediate area as set out below. • ‘Broader’ Local Context This we have defined as the area shown in Fig 3 on page 13. It was considered important to recognise the relationship of the proposals with the long-established pattern of development along Shields Holdings to the west. • ‘Nearer’ Local Context This we have interpreted as being the area shown in Fig 2. Page 136 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 13 The proposed site sits at the eastern end of a recognisable cluster of 4 one- and one-and-a-half-storey dwellings around the junction of Shields Holdings and Bridesmill Road. The site itself is bordered to the north and north east by an existing stone wall to the main road, to the east and south by a wooded gorge and to the west by post-and-wire fencing to the adjoining properties. The circumstances of the immediate local context are illustrated by the photographs on page 16. Fig 3: Broader ‘Local’ Context Page 137 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 14 Site Analysis • Topography/Current Use The site is currently a well-defined field, generally flat but which gently slopes from the midpoint line of the site to the south and south east. On the eastern and south-eastern edge, the site is well sheltered from the mature tree belt following the existing gorge and burn below. The site has a more open aspect to the south and south west, so is exposed to the prevailing weather. However, it does provide good opportunities for renewable energy generation. The photographs on page 16 regarding the setting, together with Fig 7 on page 48, indicate how well the proposals would sit within the local context. • Microclimate Situated at only 52.5 metres OD and in a relatively sheltered location, the site is not overly exposed to extreme weather that would implicate sustainability. Information about elements of microclimate is shown on Fig 4, Site Characteristics, on page 17. • Services The proximity of the adjoining cluster of houses confirms that water, electricity and telephone supplies/capacity are nearby. Adjacent dwellings are served by private foul water septic tank or treatment plants. The size and topography of the site plus the proximity of the existing burn means an on-site SUDS scheme would be possible to deal with surface water. Page 138 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 15 • Connectivity Vehicle access to the site would be via the existing access gate at the junction of the private road and Bridesmill Road. Bridesmill Road leads to the A737, some 0.5 miles to the east and Lochwinnoch some 3.5 miles to the west. There is an existing pedestrian/cycle path (National Route 7) some 800 m to the south which links Glasgow to Lochwinnoch, Johnstone and Paisley. McGill’s bus service 307 runs along Bridesmill Road linking Lochwinnoch to Johnstone and connects to other services beyond. Howwood railway station is approximately 1 mile to the east of the site which provides regular connections to Glasgow and the Ayrshire coast. • Current Use Agriculture, rough grazing. Page 139 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 16 Site Photos View at site entrance looking south along road edge View at site entrance looking south View from centre of site looking north View from south-western corner looking south View looking into site from St Bryde’s bridge View looking west from southern boundary View of private road junction with road Page 140 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 17 Fig 4: Site Characteristics Page 141 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 18 3.0 PLANNING HISTORY There is no history of planning applications on the site. The Applicant has, however, previously given consideration to bringing forward a planning application for a new dwelling at the same location. A pre-application request for policy guidance was made on 14 October 2014 by the Applicant’s agent at the time. This was not a formal pre-application consultation and the advice provided on the 28 October 2014 was informal and ‘made without prejudice to any critical decisions taken by Renfrewshire Council as planning authority with respect to any formal application for planning permission’. With relatively little change in the core role and function of the Green belt since then, we concluded that the advice, albeit informal, would be relevant today. A copy of the response can be found in the Appendix. Page 142 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 19 4.0 ASSESSMENT / DESIGN PRINCIPLES Inevitably, in our opinion, the eventual outcome regarding any proposal is influenced/underpinned by a range of considerations that have influenced the design principles. The principal ones in this case are:- (i) the characteristics of the site, its location and setting within the broader and immediately surrounding landscape (ii) the requirements of the Development Plan and Supplementary Guidance, and (iii) where applicable, Material Considerations (i) The implications of the characteristics of the site, etc, for the location of the proposals and the design outcome Understanding and interpreting the characteristics of the site within its setting are vitally important to the delivery of a successful outcome. Details of the local context and its assessment to establish the capacity of the site in landscape terms to absorb the proposals are described in Part 2.0. The implications of those details for an indicative outcome are dealt with in Part 5.0. (ii) Response to relevant Planning Policy, advice and guidance, source documents at national, regional and local levels has included:- - Clydeplan, Strategic Development Plan, July 2017 - Adopted Renfrewshire Local Development Plan 2, December 2021 - Renfrewshire Local Development Plan: New Development Supplementary Guidance, November 2014 - Scottish Planning Policy (SPP), June 2014 Page 143 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 20 - Planning Advice Note 68: Design Statements, Scottish Government, August 2003 - Planning Advice Note 60: Natural Heritage, Scottish Government, January 2020 - Planning Advice Note 61: SUDS, Scottish Government, July 2001 - Planning Advice Note 72: Housing in the Countryside, Scottish Government, February 2005 - Planning Advice Note 77: Designing for Safe Places, Scottish Government, March 2006 - Renewables – Microgeneration, March 2013 (iii) Other relevant Material Considerations, including:- - Pre-Application Enquiry, October 2014 - Background information provided by Client - Renfrewshire Local Development Plan, Draft New Development Supplementary Guidance, 2022 - Renfrewshire LDP Background Report, Landscape Assessments, Dec 2011 - Renfrewshire Core Paths Plan - Glasgow and the Clyde Valley Landscape Assessment, 1999 - SNH National Landscape Character Assessment 2019 - Renfrewshire Biodiversity Action Plan, 2018 – 2022 - Renfrewshire Proposed LDP2, 2019 - Renfrewshire LDP Proposed Plan, Green Belt Review, 2019 - Scotland’s Third National Planning Framework Position Statement, June 2014 - Planning (Scotland) Act 2019 - Scotland’s Fourth National Planning Framework Position Statement, November 2020 - Scotland 2045 – Fourth National Planning Framework, November 2021 Page 144 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 21 - Renfrewshire Local Development Plan: Draft New Development Supplementary Guidance, 2022 (ii) Response to the relevant Planning Policy, advice and guidance Under the terms of Sections 25 and 37 of the Town and Country Planning (Scotland) Act 1997, any decisions on a planning application should be made in accordance with the Development Plan unless planning (material) considerations dictate otherwise. The Development Plan for the site is at two levels, namely:- 1. Glasgow and the Clyde Valley Strategic Development Plan The current strategic development plan, i.e. Clydeplan, was approved by Scottish Ministers in July 2017. The Planning (Scotland) Act 2019 removes the requirement to prepare strategic development plans. This may or may not be replaced in due course by a regional spatial strategy under Section 47A(i) but, at the time of writing, this is a long way off. For the foreseeable future therefore, Clydeplan will form part of the development plan for the area and continue to provide the context for the policies of LDP2. The proposals are located within the ‘strategic’ Green belt, and Schedule 14 of Clydeplan ‘is intended to clarify the scale of development likely to impact on the SDP Vision and Spatial Development Strategy’. Quite clearly, the proposals are, in terms of scale, well below the threshold of any of the categories included in Schedule 14. Page 145 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 22 Policy 14, Green Belt, is, however, underpinned by a number of strategic objectives which, in turn, provide the basis for Green Belt policy in Renfrewshire LDP2. The planning officer’s informal response of 28 October 2014 refers specifically to ‘core values’ which it is reasonable to assume have their origins in Clydeplan. Although merely a single-house development, we are of the opinion that it is important to assess the potential implications against the requirements of the relevant strategic objectives, namely:- • creating and safeguarding identity through place-setting and protecting the separation between communities The nearest settlements are Lochwinnoch, 3 miles to the west; Kilbarchan, 3.9 miles to the north east and Howwood, 1.6 miles to the east. There will therefore be no threat of coalescence. In the absence of settlements, it is the matter of settlement pattern in the area that becomes the important consideration. As Fig 3 confirms, the pattern in the ‘Broader Local Context’ includes the particular circumstances along Shields Holdings, but resulting in the cluster at Bridesmill Bridge, to which the proposals comfortably relate. In our opinion therefore, the proposals will have no adverse consequences for the requirements of this criterion. Page 146 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 23 • protecting and enhancing the quality, character, landscape setting and identity of settlements The proposals have embraced placemaking principles related to the immediate geographical context. Fig 7 on page 48, ‘Impression of Proposals in Context’, illustrates this. Otherwise, the proposals are well outwith the landscape settings of any settlement. Evidence of this is substantiated in part by Renfrewshire Council’s definition of Green belts in relation to settlements in the Renfrewshire LDP Proposed Plan: Green Belt Review 2019. • protecting open space and sustainable access and opportunities for countryside recreation What the proposals will not do is impact negatively on the requirements of this criterion. • maintaining the natural role of the environment, whether in terms of floodplain capacity, carbon sequestration or biodiversity The proposals would not impact on floodplain capacity, will enhance carbon sequestration through proposals for tree planting which, in turn, will enhance opportunity for enhancing biodiversity. The proposals, in our opinion, are therefore clearly in keeping with the core values of strategic Green belt policy as expressed through relevant strategic objectives. Page 147 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 24 2. Renfrewshire Local Development Plan 2021 Renfrewshire Council adopted the Renfrewshire Local Development Plan on 15 December 2021. The 2021 Plan replaced Renfrewshire Local Development Plan 2014. Delivering the Spatial Strategy - Environment The preamble states that: ‘Renfrewshire benefits from a distinctive landscape and a varied natural environment which are valuable resources for places across Renfrewshire. By promoting good-quality development in the right locations, the Renfrewshire Local Development Plan seeks to conserve, enhance and maintain natural heritage, including green spaces, landscape character, biodiversity, as well as recreational and access resources and active travel routes. Green infrastructure is an integral part of place-making, both existing assets and new opportunities. The design and layout of new developments will require to consider the relationship with and how it can enhance the surrounding area, particularly in relation to the natural environment and biodiversity’. Delivering the Spatial Strategy – Environment involves a number of policies that are relevant to the application. Green Belt It is confirmed that ‘the majority of Renfrewshire is rural and therefore land designated as green belt covers an extensive area which can be used for a variety of uses and can integrate and Page 148 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 25 align well with the objectives of the green network and connectivity to open spaces. The strategic objectives for the green belt are set out in Clydeplan (para 8.15). Renfrewshire’s green belt will be protected from inappropriate development that does not meet these objectives. It has already been confirmed that the proposals comply with these objectives. It is stated that: ‘The aim of the Renfrewshire Local Development Plan is not to restrict appropriate development or suitable uses in the green belt which can support sustainable growth and this is reflected in Policy ENV1’. Local Development Plan Objectives – Environment Specifically in relation to these, the proposals would: • protect and enhance the local natural environment and local built and cultural heritage, strengthen the attractiveness of the local place • In their detail, ‘promote and support measures to reduce and mitigate the effects of climate change’ • and would constitute ‘development that neither individually nor cumulatively would cause significant adverse environmental impacts’ The details that follow are intended to confirm that the advice provided by the aforementioned has been clearly adhered to in constructing the case for the proposals. While not listed among the uses shown on page 74 of LDP2, it has nevertheless been demonstrated elsewhere that the proposals would not undermine the primary aspirations, i.e. to Page 149 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 26 maintain the identity of settlements and not to impact negatively on landscape or efforts to improve access to open spaces. Policy 8 of Clydeplan, Housing Land Requirements, states that: - the development will contribute to sustainable development. The Glossary of LDP2 defines Sustainable Development in a very general sense as ‘Development that meets the current and future needs of an area without comprising the built and natural environment’. The case supports the sustainability credentials of the proposals, in our opinion, made elsewhere - the development will be in keeping with the character of the settlement and the local area, which it is - the development will not undermine Green Belt objectives, which we maintain, based on the evidence provided elsewhere in this Statement, it will not Policy ENV1: Green Belt It is critical therefore that the proposals comply with the primary requirements of the policy, i.e.: (i) they maintain the identity of settlements (ii) protect and enhance the landscape setting of an area, while (iii) protecting and promoting access opportunities to open space (iv) in line with Clydeplan Policy 14 and the green belt objectives of Clydeplan Response to Primary Requirements of ENV1 – Green Belt (i) The nearest settlements as defined in LDP are Lochwinnoch (3 miles to the west), Kilbarchan (2.5 miles to the north east) and Howwood (1 mile to the east). The Page 150 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 27 proposals would have no implications for coalescence or for the settings of these villages. Fig 2 shows the settlement pattern within the immediate area. LDP provides no specific guidance on the matter of settlement pattern in the countryside/Green belt but Fig 3 shows groups of buildings/individual buildings at fairly regular intervals. One of these groupings, focused on the Old Smiddy, is shown in Fig 2 which has the characteristics of a cluster, i.e. it is clearly defined, i.e. it is nucleated, comprising four adjacent houses, and the proposals would sit within the ‘junction’ of the two arms of the cluster and effectively consolidate this position. (ii) The details contained in Figs 7 and 11 in Part 5.0 confirm the capacity of the local landscape to absorb the impact of the proposals. Additional planting will, as shown, bring further benefits in relation to landscape setting. (iii) The proposals would have no negative consequences for access to the countryside. (iv) The proposals are confirmed elsewhere as being compatible with the requirements of Clydeplan Policy 14. While not listed among the uses shown on page 74 of LDP2, it has nevertheless, in our opinion, been demonstrated elsewhere that the proposals would not undermine the primary aspirations, i.e. to maintain the identity of settlements and not to impact negatively on landscape or efforts to improve access to open spaces. Page 151 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 28 Policy 8 of Clydeplan, Housing Land Requirements, states that: - the development will contribute to sustainable development. The Glossary of LDP2 defines Sustainable Development in a very general sense as ‘Development that meets the current and future needs of an area without comprising the built and natural environment’. The case supports the sustainability credentials of the proposals, in our opinion, made elsewhere - the development will be in keeping with the character of the settlement and the local area, which it is - the development will not undermine Green Belt objectives, which we maintain, based on the evidence provided elsewhere in this Statement, it will not Policy ENV 2: Natural Heritage To accord with the Local Development Plan, development must not have an adverse effect on the integrity of sites provided for their natural conservation interest or which have the potential to protect and enhance designated sites and the wider biodiversity and geodiversity of the area. A review of the Council’s records confirm that the proposed site is not within, or on the edge of, the types of location listed on page 75 of the LDP. The proposals, however, include a significant provision for soft landscaping, including meadow planting which, collectively, can create the opportunity for strengthening the biodiversity of the local area. These are described in the Concept Site Plan on page 51. Page 152 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 29 Policy ENV 4: Water Environment St Bryde’s Burn forms the western boundary of the site and eventually flows into Castle Semple Loch. The proposals will safeguard the existing water environment, helping to maintain/encourage biodiversity. Policy ENV 5: Air Quality The proposals, as detailed in Part 5.0, contain a range of sustainability features in accordance with the provisions of the New Development SG aimed at reducing carbon emissions. Delivering the Spatial Strategy Places Policy P5: Green/Blue Network The proposals will have no negative consequences for the development of the Green/Blue Network. Policy P6: Open Space The proposals will not implicate existing or proposed open spaces. Delivering the Infrastructure Strategy Policy 14 Renewable and Low Carbon Technologies The proposals will include air source heat pump as the principal heating source, coupled with solar panelling. Page 153 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 30 3. New Development Supplementary Guidance, adopted November 2014 Green Belt The preamble to the policy sets out the broad, essentially strategic, core principles replicating, as would be expected, those of Clydeplan underpinning policy, namely that:- (i) Green belt designation is not in place to prevent development from happening, (ii) it is to maintain the identity of settlements, with a clear definition of their physical boundaries, and (iii) preventing coalescence As confirmed elsewhere, the proposals would have no negative consequences for these major considerations. While not listed among the ‘Acceptable forms of development’, the proposals, in our opinion, reflect these core principles. The policy sets out Green Belt Development Criteria. ‘All developments within the green belt require to be assessed against the following criteria’:- • * There should be no loss of prime quality agricultural land or land of lesser quality that is locally important line with SPP • * Traffic and access infrastructure can be sensitively accommodated This is confirmed in Part 5.0. Page 154 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 31 • * There will be no significant effects on public water supply and water courses from any pollution risk Water supply via mains immediately adjacent to the plot access point. St Bryde’s Burn runs close to the western boundary of the site but measures will be put in place during construction to prevent damaging run-off. • + The local landscape character will be maintained and enhanced The landscape setting/capacity has been analysed and the outcome detailed in Part 5.0. This confirms that the proposals can be satisfactorily accommodated in line with the requirements of this criterion. • + Development layout, design and siting should respect and incorporate important landscape features, such as traditional field enclosures, water courses and features, woodlands and skylines As the information provided in Part 5.0 indicates, the existing field pattern has been retained, woodland has been strengthened and the skyline respected. • * It can be demonstrated that there is careful consideration of the design, scale and grouping of any buildings Page 155 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 32 As we have demonstrated elsewhere, the proposals would occupy a space associated with a cluster of existing dwellings, as shown in Fig 2. These are dealt with in Part 5.0. • * Appropriate landscape proposals have been incorporated These are detailed in Part 5.0. • * There are adequate services available for the development The situation pertaining to services is described in Part 2.0. • * There is no significant detrimental effect on identified nature conservation interests, including species and habitats There are no identified nature conservation interests, etc but the proposals include woodland planting that will significantly increase the potential for biodiversity here. The wording of these criteria marked ‘*’ are identical in LDP Draft New Development Supplementary Guidance 2022 and those marked ‘+’ are broadly similar. The 2022 document is dealt with later. In relation to the specific criteria re Housing in the Green Belt, as the details confirm in Part 5.0: Page 156 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 33 • The proposal, in our opinion, demonstrate outstanding quality of design, is of an appropriate scale to make a positive contribution to the surrounding area While this is an in principle application, the objective has been – albeit on an indicative basis – to indicate how these requirements could be delivered here. • The proposal integrates with, complements and enhances the established character of the area and has no significant detrimental impact on the landscape character In development terms, the character of the immediate area is that of a cluster in the countryside. The photographs on page 43 confirm the characteristics of the housing in the cluster. In landscape terms, setting has been a major consideration. The sketch contained in Fig 7 on page 48 suggests how the development might appear from its most ‘exposed’ orientation. The overall conclusions that we draw is that the proposals would have no significant impact on the character of the green belt. Scottish Planning Policy (SPP), June 2014 SPP Guidance has substantially been taken account of in Development Plan policies and has been responded to elsewhere on this basis. Page 157 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 34 Other Relevant Material Considerations As the Council will be aware, ‘Material Considerations’ are not given a statutory definition, although a number of them can be identified either directly or indirectly from statute or from government policy statements. Otherwise, it has been left to the courts to develop the meaning of the term – a process that has been ongoing for many years. Much, therefore, depends on the individual circumstances of each case that it is difficult to generalise. Over time, two broad-based criteria have emerged: (i) Material considerations must be planning considerations, that is they must have consequences for the use and development of land, and (ii) they must be relevant to the application in question In the absence of a statutory definition, however, and as a result of practice, a number of recognisable and generally agreed upon examples have emerged that would be relevant here. (a) Pre-Application Enquiry Advice, October 2014 Our consideration of this advice is detailed on page 18. As stated, while this advice was provided six years ago, essentially the main ‘ingredients’ of Green belt policy, both at strategic and local levels, have changed little since then. The requirement was – and still is – to deliver a ‘strong supporting statement which sets out why the development can be justified within the context of green belt policies’ based on the understanding that the ‘proposed development must not undermine the core role and function of the green belt …’. Page 158 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 35 (b) Renfrewshire Local Development Plan, Draft New Development Supplementary Guidance, 2022 This document was issued on 21 March for a 4-week consultation, ending on 22 April 2022. At the time of writing, the outcome of the consultation is not known. The SG sets out proposed Green Belt Development Criteria. The criteria appear to have changed very little when compared with the current ones, as confirmed earlier. On this basis therefore, we have concluded that the responses provided earlier are still relevant. (c) Renfrewshire LDP Background Report, Landscape Assessments, December 2011 This report was heavily reliant on the Clyde Valley Landscape Character Assessment published by SNH in 1999. The description provided by the Council’s report, and referred to earlier, was a material consideration in designing the outcome so that the proposals would not impact adversely on the broader environment. (d) Glasgow and the Clyde Valley Landscape Assessment, 1999 A copy of the detailed development planning and management guidelines can be found in the Appendix. This was taken into account in the development of the proposals. (e) Renfrewshire LDP Proposed Plan, Green Belt Review, 2019 The Review confirms that the site falls outwith the Lochwinnoch and Kilbarchan Green Belt Buffer, the two nearest settlements and also outwith General Green Belt Buffer areas. Page 159 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 36 (f) Renfrewshire Biodiversity Action Plan 2018 – 2022 This document, while referring to a wide range of projects, does not provide any maps to enable the possibility of establishing whether or not the site falls within an Action Plan Location. It appears that this is not the case but LDP and Proposed LDP 2 confirm elsewhere that the site does not fall within a designated area nor is it close to the boundary of any. (g) Renfrewshire Core Path Plan Map 9 confirms that the site is within 800 m of NCR/6. NCR/6 has a strategic role in that it provides the main cycle route between the Glasgow Conurbation and the Ayrshire Coast, enabling long- distance travel for both pleasure and commuting purposes. Links with other cycle routes are too numerous to mention but the presence of NCR/6 confirms the overall accessibility of the site to the regional cycle network. Local Core Paths include LOCH/1, LOCH/2 and LOCH/4. (h) Planning (Scotland) Act 2019 Commencement Orders for this new legislation were delayed considerably by the impact of the regulations introduced by Government in response to the COVID-19 pandemic. As a result, the requirements of this Act had little – or, indeed, probably no – bearing on the LDP2 plan-making process or the eventual policies. It is understood that various provisions of the Act are now in place. Part 1 of the Act, Development Planning, confirms the enhanced status given to the National Planning Framework within the statutory plan-making process. NPF is intended to set out Scottish Ministers’ priorities for development. Page 160 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 37 Of relevance to the situation concerning the current proposals is Section 3A which confirms that one of the outcomes of NPF should be ‘increasing the population of the rural areas of Scotland’’. Section 3AC. Information to assist preparation of NPF goes on to state that Scottish Ministers might seek that information on the size, composition and distribution of population in the area to assist in, amongst other things, the delivery of the policy’s aspirations. (i) Draft National Planning Framework 4 Consultation on a draft NPF4 (Scotland 2045 – fourth National Planning Framework), published on 21 November 2021, ended on 31 March 2022, and the outcome of this is awaited. Whatever the outcome is likely to be, the direction of travel of the debate so far strongly suggests that change is on the way. As the National Records of Scotland’s April 2022 report indicates, 91% of the country’s population lives on 2.3% of its land. Elsewhere, it has been confirmed that 95% of Scotland is described as countryside. Not a commodity in short supply therefore. It is likely that there will be a response to what Savills in a recent report to the Scottish Land Commission stated as being ‘… an overly protective and relatively static approach to planning for rural areas across much of rural Scotland as evidenced by policies that are counter to the Scottish Government’s focus on rural depopulation’. Page 161 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 38 One of the drivers of change must surely be the emergence – primarily as a result of the pandemic – of the transition to remote working by many more individuals. There is already emerging evidence that the shift to remote working is prompting people to look to move. This represents an opportunity to support a broader rebalancing of the population. All of that said, and whatever changes might be in the offing, it is our opinion that the proposals in their present form are entirely compatible with the core values of greenbelt policy and the requirements of sustainability. Page 162 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 39 5.0 CONCEPTS AND PROPOSALS Landscape Context The broad area and local context are described in Part 2.0 earlier. We have concluded that the site lies within the Inner Clyde Valley as described in SNH Clyde Valley Landscape Character Assessment. Site Details The proposed site is adjacent to Bridesmill Road and extends to 5,670 m2. Bridesmill Road provides a link between Lochwinnoch to the west and Howwod and the A737 to the east. The site is physically adjacent to a cluster of dwellings comprising a range of styles and age as shown in the photographs on page 43. Site Boundaries, including their Relationship with Neighbours The proposed site is irregular in shape. To the north and north east, it borders Bridesmill Road and is defined by an existing stone wall some 1.8 m high. Further to the east, the boundary switches to a post- and-wire fence to the edge of a heavily wooded gorge, with the free-flowing St Bryde’s Burn serving Castle Semple Loch. To the south and south west, a post-and-wire fence defines the boundary with open fields beyond and views towards Kenmure Hill Temple. To the west, the site backs on to the existing dwellings of St Brydes Cottage and the private access road serving Shields Holdings further west. Architectural Proposals Part 4.0 confirms that a range of policy guidance and advice has been taken into account in the development of these proposals. Page 163 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 40 We were particularly mindful of the guidance provided by Renfrewshire Local Development Plan: New Development Supplementary Guidance and, in particular, the specific criteria relating to housing in the Green belt. Regards specific criteria, the SG states that the Council would take into account where ‘the proposals, in the Council’s opinion, demonstrate outstanding quality of design and of an appropriate scale to make a positive contribution to the surrounding area’. In this regard, we have therefore included a level of detail that would not generally be associated with an in principle application. In addition to the policies of LDP and SG and, in order to achieve the desired outcome, we have also taken account of the six qualities for a successful place as set out in the Scottish Planning Policy SPP June 2014: - Distinctive - Safe and Pleasant - Welcoming - Adaptable - Resource Efficient - Easy to Move Around and Beyond The indicative proposals are for the erection of a four-bedroomed one-and-a- half-storey detached dwelling positioned towards the northern half of the site. Access to the dwelling would be via the existing gateway on the north-western edge of the site. This provides direct access on to the existing junction with Bridesmill Road. The Vernacular High-quality design should be integral to new development and local area differences should be respected. Traditionally, local climate and available Page 164 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 41 materials have had a noticeable influence on the design of houses and have helped to create local area distinctiveness. Nevertheless, in execution, there is considerable scope for creative and innovative solutions which allow a new home to be embedded in the established character of the area. Attempting to create exact copies of good-quality buildings, however, seldom result in successful design as the use of modern materials, more exacting modern standards and accommodating modern technologies often compromise the aesthetics of the final design and can result in pastiche. The challenge for designers is to design new buildings which reconcile the requirements of a modern lifestyle with the local vernacular. In particular, the avoidance of suburban-style solutions inappropriately transposed to rural settings can avoid development which looks simultaneously incongruous and unoriginal. Successful and appropriate new development often has simple proportions and details, based on those of their traditional rural equivalent. Page 165 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 42 Fig 5: Viewpoints As the photographs in Fig 6 confirm, the adjoining properties vary in date of construction and form no real architectural aesthetic. The aim has been to deliver a building sympathetic to Renfrewshire traditional rural style but expressed in a more modern manner, for example, timber cladding with feature stone panels, natural slate roofing but with some feature grey zinc roofing to some areas and larger window openings to living areas to respond to the orientation and views. Ultimately, however, no guidance was available from LDP as to what might constitute Renfrewshire traditional/vernacular. Page 166 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 43 Fig 6: Photographs Viewpoint 1: old smiddy Viewpoint 2: St Bryde’s Cottage adjacent plot Viewpoint 3: house to the north of the old smiddy Viewpoint 4: house further up Private road to ShieldsHoldings Viewpoint 5: group of buildings on Private Road Viewpoint 6: View of site from Main Road with stone wall screen Viewpoint 7: view of entrance to St Bryde’s House to the south of the site Page 167 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 44 Positioning the dwelling towards the northern half of the site and keeping the massing to one-and-a-half storeys allows for the proposals to be well screened from the road due to the high boundary wall, and fit within the existing defined housing cluster formed by St Bryde’s Cottage, the Old Smiddy and the other adjoining properties running along the private access road to Shields Holding further west. In addition, the positioning avoids any ‘skylining’ issues and, being on the flat area of ground, significant underbuilding requirements are avoided. Furthermore, keeping the development area within the northern half of the site minimises disruption of the remaining site area. In relation to the six qualities set out in SPP June 2014, the indicative proposals address the points as follows: - Distinctive Whilst broadly following a local rural aesthetic, i.e. pitched roofs, dormers, natural materials, the proposals will incorporate a more modern interpretation. - Safe and Pleasant Positioning the scheme towards the northern edge of the site, the primary elevation will face the approach and allow the maximum amount of enclosed and protected private amenity garden to the rear. - Welcoming The primary elevation and main entrance will be clearly visible on approach. - Adaptable In line with current guidance, the property will be fully accessible with all essential facilities on the ground floor to allow for independent living. Page 168 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 45 - Resource Efficient The proposals will include high levels of insulation to minimise heating load and will incorporate both energy-saving and energy-generating infrastructure. - Easy to Move Around and Beyond Positioning the development on the flattest section of the site will allow easy access both into and around the perimeter of the dwelling. Structural Considerations The proposed new dwelling would likely be timber-frame structure sitting on masonry underbuilding, bearing on reinforced concrete strip foundations. The roof structures would be prefabricated timber trusses supported directly by the timber kits. Sustainability and Energy Efficiency The aim would be to achieve, as a minimum, an EPC rating of Band B. To reduce heating loads, the walls, floors and roofs of the new build housing would be heavily insulated with triple-glazed windows to minimise heat losses. Proposals would utilise micro-renewable technology and with potentially, specifically, an air source heat pump providing hot water and underfloor heating. Designs would incorporate PV panels on the south-facing roof slopes. The dwelling would be served by private foul water discharge to a primary and secondary treatment plant, with surface water linked to either on-site soakaways or attenuation before discharge to St Bryde’s Burn. Page 169 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 46 Both foul and surface water systems would be developed with a suitably qualified drainage consultant at subsequent stages in accordance with Scottish Water, SEPA and SAC requirements. Details and Materials Although the proposals are indicative at this stage, the following is suggested: Substructure: • Insulated ground-bearing concrete slab with concrete strip founds and masonry underbuilding Superstructure (including Roof Panels and First Floor): • Prefabricated timber-panel system with high-performance mineral wool insulation supplemented with rigid PIR insulation internally External Finishes (Wall): • Extended reconstituted stone basecourse to new builds • Silicone-based wet dash render system on blockwork rainscreen cladding to new dwellings with feature panels in hardwood timber boarding External Finishes (Roof): • Natural slate roofing to new build Windows and Screens: • Timber triple-glazed high-performance windows exterior Page 170 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 47 Electricity, Heating and Hot Water: • Mains electricity • Air source heat pump: underfloor heating and hot water storage • MHRV system • PV panels on south-facing roofs Parking, Circulation and Servicing Vehicle access will be via the existing gateway out on to the private road junction with the main road. Within the site, there would be sufficient access both on a private driveway and garage for multiple car parking spaces with level access right to the primary dwelling entrance. At the entrance to the plot, sufficient space would be allocated for recycling and waste collection. Landscaping This is a large plot, so the overall aim would be to divide the plot into landscaping zones. At the front, the proposal would be for a mixture of soft and hard landscaping to accommodate vehicle and pedestrian movement, however the boundary edge facing the road and the existing St Bryde’s Cottage would be planted with native tree species to reinforce the visual screening from the main road. To the rear, hard landscaping immediately outside some of the formal living spaces would give way to a more manageable soft landscaping (lawn) area before transitioning to wild meadow planting to the south and west as the topography moves down the slope towards the existing tree belt. The irregular shaped area to the south west would be retained as a paddock. Page 171 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 48 Fig 7: Impression of Proposals in Context Fig 8 Page 172 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 49 Fig 9: Sketch – Ground Floor Plan Page 173 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 50 Fig 10: Upper Floor Plan Page 174 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 51 Fig 11: Concept Site Plan Page 175 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 52 6.0 CONCLUSIONS • In relation to the Green belt, the Council’s primary concern is that, while the Green belt designation is not in place to prevent development from happening, proposed development must not undermine the core role and function of the Green belt re to direct planned growth to suitable locations and safeguard the openness of the area • These guidelines/parameters have underlined the approach taken and that, as a result, we have delivered proposals that, if approved, would not impact negatively on the core role and function of the Green belt and, as a result, undermine the robustness and effectiveness of policy here or elsewhere in the Local Development Plan area. In so doing, and in detail: • the proposals - present no threat of coalescence between settlements and would be well outwith the landscape setting of any settlement - that, despite any precise development plan guidance on settlement pattern in the Green belt, recognise the presence of clusters in the locality, identifying closely with one of these, thereby safeguarding identity through place-setting - demonstrate that there has been careful consideration of the mixed nature of the design and scale of individual houses in the grouping to ensure that the proposals nevertheless integrate with, complement and enhance the established character of the immediate area - deliver appropriate landscaping that protects the quality and character of the landscape setting by following the advice provided by Scottish Natural Heritage as well as that provided by the Development Plan - maintain the natural role of the environment with no significant detrimental effect on identified nature conservation interests, including species and habitats or the water environment from any pollution risks or risks to air quality - will not lead to the loss of any prime agricultural land Page 176 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 53 - will have traffic and access infrastructure that can be sensitively accommodated - will have no significant effects on public water supply - incorporate renewable and low-carbon technologies and - demonstrate a high quality of design - Scottish Ministers have confirmed that one of the outcomes of National Planning Framework should be ‘increasing the population of the rural areas of Scotland’. Consultation on a draft NPF4 (Scotland 2045 – fourth National Planning Framework), published on 21 November 2021 ended on 31 March 2022, and the outcome of this is awaited. Whatever the outcome is likely to be, the direction of travel of the debate so far strongly suggests that change is on the way. As the National Records of Scotland’s April 2022 report indicates, 91% of the country’s population lives on 2.3% of its land. Elsewhere, it has been confirmed that 95% of Scotland is described as countryside. Not a commodity in short supply therefore. It is likely that there will be a response to what Savills in a recent report to the Scottish Land Commission stated as being ‘… an overly protective and relatively static approach to planning for rural areas across much of rural Scotland as evidenced by policies that are counter to the Scottish Government’s focus on rural depopulation’. One of the drivers of change must surely be the emergence – primarily as a result of the pandemic – of the transition to remote working by many more individuals. There is already emerging evidence that the shift to remote working is prompting people to look to move. Page 177 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 54 This represents an opportunity to support a broader rebalancing of the population. All of that said, and whatever changes might be in the offing, it is our opinion that the proposals in their present form are entirely compatible with the core values of greenbelt policy and the requirements of sustainability. In the following sections of this Statement, we set out the case as to how we have come to these conclusions. Page 178 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 55 APPENDIX • Glasgow and the Clyde Valley Landscape Character Assessment • Glasgow and the Clyde Valley Broad Valley Lowland • Broad Valley Lowland SNH Development planning and management guidelines • Informal Response from Renfrewshire Planning, 28 October 2014 Page 179 of 254
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Statement in Support of Planning Application in Principle for Dwellinghouse on Plot at Shields Holdings, Lochwinnoch, PA12 4HL Prepared for: North Paddock Properties Ltd per Mrs Marna Murdoch 60 Page 184 of 254
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Chief Executive's Service Renfrewshire House Cotton Street, Paisley, PA1 1WB //www.renfrewshire.gov.uk My Ref: Contact: James Weir Telephone: 07483 370666 Email: dc@renfrewshire.gov.uk Date: 26 October 2022 Nicholas John Hobson Hobson Architects Seacliff Eglinton Terrace Skelmorlie PA17 5EP Proposal: Erection of dwellinghouse (in principle) Location: Site 50 Metres East Of St Brydes Cottage, Shields Holdings, Lochwinnoch, , Application Type: Planning Permission in Principle Application No: 22/0399/PP Dear Sir/Madam, NOTIFICATION OF REFUSAL OF CONSENT The Council has decided to refuse your application, details of which are given above. I enclose a Decision Notice which provides details of the reasons for refusal. I also enclose a copy of your submitted plans duly endorsed. You have the right to appeal against this decision to the Local Review Body and notes on how to appeal are attached. Yours faithfully, Alasdair Morrison Head of Economy and Development Page 185 of 254
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Page 1 of 3 Chief Executive's Service Renfrewshire House Cotton Street, Paisley, PA1 1WB //www.renfrewshire.gov.uk REFUSE Consent subject to the reasons Ref. 22/0399/PP DECISION NOTICE Town and Country Planning (Scotland) Act 1997 Planning etc. (Scotland) Act 2006 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 TO Ms Marna Murdoch 1-2 23 Redlands Lane Kelvinside Glasgow G12 0AF With reference to your application registered on 7 June 2022 for Planning Consent for the following development:- PROPOSAL Erection of dwellinghouse (in principle) LOCATION Site 50 Metres East Of St Brydes Cottage, Shields Holdings, Lochwinnoch, DECISION The Council in exercise of their powers under the above Acts and Orders, having considered the above proposal, the plans endorsed as relating to it and the particulars given in the above application hereby:- REFUSE Consent subject to the reasons listed on the reverse/paper apart. PLANS AND DRAWINGS The plans and drawings relative to this refusal are those identified in the Schedule of Plans/Drawings attached as a paper apart and forming part of this Decision Notice. Dated: 21 October 2022 Signed ...................................................... Appointed Officer on behalf of Renfrewshire Council Page 186 of 254
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Page 2 of 3 Ref. 22/0399/PP REASON FOR REFUSAL PAPER APART TERMS AND CONDITIONS Reason for Decision 1. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Housing in the Green Belt as it has not been demonstrated that there is a specific locational need for a dwellinghouse. 2. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Green Belt Development as it has not been demonstrated that the site can be accessed safely, and that traffic and access infrastructure can be accommodated sensitively. Page 187 of 254
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Page 3 of 3 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning Act (Scotland) Act 1997 within three months beginning with the date of this notice. The notice of review should be addressed to Head of Legal and Democratic Services, Renfrewshire House, Cotton Street, Paisley PA1 1PR. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 188 of 254
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Appendix 1 RENFREWSHIRE COUNCIL Application No: 22/0399/PP CHIEF EXECUTIVE’S SERVICE RECOMMENDATION OF PLANNING APPLICATION Regd:7 June 2022 Applicant Agent Ms Marna Murdoch North Paddock Properties Ltd. 1-2 23 Redlands Lane Kelvinside Glasgow G12 0AF Nicholas John Hobson Hobson Architects Seacliff Eglinton Terrace Skelmorlie PA17 5EP Nature of Proposals Erection of dwellinghouse (in principle) Site Site 50 Metres East of St Brydes Cottage, Shields Holdings, Lochwinnoch Description This application seeks planning permission in principle for the erection of a dwellinghouse on land to the east of St Brydes Cottage. St Brydes Cottage forms part of a cluster of dwellinghouses which is located at the junction of Station Road and a private track approx. 1.4km to the north west of Howwood. The application site is irregularly shaped, and extends to approx 4,000 square metres. It comprises of gently undulating grassland, with mature trees along the eastern and southern boundaries. The eastern and southern edges of the site are defined by a burn, with the curtilage of St.Brydes Cottage to the west and the junction of Station Road and the private track to the north. Site access is via a field gate on the northern boundary. History No previous applications. Policy and Material Considerations Adopted Renfrewshire Local Development Plan 2021 Policy ENV1 – Green Belt New Development Supplementary Guidance 2022 Delivering the Environment Strategy – Green Belt Development Criteria, Housing in the Green Belt Material Considerations Publicity The Council has undertaken neighbour notification in accordance with the requirements of Page 189 of 254
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legislation. An Advert was placed on the press on 8 July 2022 for the following reason: Neighbour Notification. Objections/Representation Twelve letters of representation have been received, nine in support of the development and three in objection. The points raised in support of the development can be summarised as follows: 1 – Will utilise a small impractical green belt space within an existing cluster of properties. 2 – The development could provide a sustainable place to work from home. 3 – Good quality materials and landscaping will ensure the dwelling sits harmoniously within its surroundings. 4 – There is no loss of prime quality agricultural land. 5 – The proposal is in line with the National Planning Framework. 6 – There would be no loss of openness or public amenity. 7 – The proposal will have no effect on climate change or adverse environmental impact. 8 – Empty sites can often be targets for fly tipping. 9 – The application accords with the new guidelines for planning in the countryside The points raised against the development can be summarised as follows: 1 – Potential impact on existing soak away and septic tank within the site. 2 – Access is unsuitable and dangerous. 3 – Surface water runoff and drainage. 4 – The site is not readily accessible by walking or cycling and no infrastructure to support travel by these modes. 5 – Loss of privacy. 6 – Ground conditions and stability. Consultations Chief Executive’s Service (Roads Development) – No objection subject to conditions regarding sightlines and surfacing. Page 190 of 254
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Communities & Housing Services (Environmental Protection Team) – No comments. Informative to be added: N Summary of Main Issues of: Planning Statement – Presents an overview of the site and the proposed concept and provides a contextual analysis against the relevant planning policy and guidance. States that the development will not undermine the core role and function of the green belt or the robustness or effectiveness of the policy. The proposals present no threat of coalescence between settlements, and instead recognises the presence of clusters within the locality. The proposal carefully considers design and scale and will deliver appropriate landscaping. In terms of further justification, the outcome of draft consultation on National Planning Framework 4 is noted with respect to increasing the population of the rural areas of Scotland. It is asserted that the transition to remote working can be one of the drivers of this change, and there is already emerging evidence that the shift to remote working is prompting people to look to move. This represents an opportunity to support a rebalancing of the population. Concludes that the proposals in their present form are entirely compatible with the core values of greenbelt policy and the requirements of sustainability. Assessment Policy ENV1 states that residential development within the green belt will be considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy 8 of Clydeplan or is in support of certain uses. It also states that development within the green belt will only be considered acceptable where it can be demonstrated that it is compatible with the provisions of the New Development Supplementary Guidance. A housing land shortfall has not been identified. Therefore, the proposal requires to be assessed against the other criteria that allow development of this type to come forward and the criteria within the draft New Development Supplementary Guidance (SG). The SG states that development can be acceptable in principle where it is for a purpose in support of acceptable green belt uses. Green Belt Development Criteria provides a set of guidance that all development require to meet, including that traffic and access infrastructure can be sensitively accommodated and that it has been demonstrated that there has been careful consideration of the siting, design, scale and grouping of any buildings and infrastructure. Further to this guidance Housing in the Green Belt states residential development proposals require to be assessed against the following criteria. Development is required to maintain and support an established activity The development is not required to maintain or support an established activity that is suitable in the green belt. There is a need for the residential use to be located outwith the settlement It has not been demonstrated that there is a need for the development to be located outwith the Page 191 of 254
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settlement. The supporting statement suggests that support for the development could derive from National Planning Framework (NPF) 4 which seeks to increase the population of rural areas of Scotland. The transition to remote working is one factor that can facilitate this population increase. Notwithstanding the fact that the NPF is still in draft form, and I do not consider that significant weight can be attached to these statements as material considerations in this assessment. I also do not consider that the occupants potentially working from home would provide a locational justification either. The employment status of future occupants cannot be controlled by the Planning Authority, and additionally the site location is still primarily car dependent with respect to accessing other amenities. Buildings which have special architectural, traditional or historic character may be converted for residential use The development does not involve the conversion of an existing building. The proposal demonstrates outstanding quality of design, is of an appropriate scale within its setting, and makes a positive contribution to the site and surrounding area As the application is in principle only no detailed design details have been provided. However the applicant has provided indicative designs which show a dwellinghouse could be accommodated on the plot with respect to its dimensions. The proposal integrates with, complements and enhances the established character of the area As the application is in principle only no detailed design details have been provided. However, the applicant has provided indicative designs which show how a dwellinghouse could be accommodated on the plot with respect to its impact on landscape character. Replacement dwellings should reflect the specific character of the location, fit well with the surrounding landscape and achieve a high design standard The proposed development does not constitute a replacement dwellinghouse. On balance it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment. However, there is no locational justification for the development in terms of supporting an established activity or through some other locational need. The applicants state that the development does not undermine the core role and function of the green belt. However, the core role and function of the green belt can only be upheld through supporting sustainable growth as outlined in the new development supplementary guidance. The development does not comply with the guidance on the sustainable delivery of housing in the green belt in this regard. In addition to the above the development must also be assessed against the green belt development criteria. There is no loss of prime quality agricultural land associated with the proposals. It is also not Page 192 of 254
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anticipated that the development poses a significant pollution risk with respect to public water supply and water courses. There is no impact on wild land. It is not anticipated that there will be any significant detrimental effect on nature conservation interests, and as noted above it is accepted that the site could accommodate a dwellinghouse in principle. Indicative drawings have also been presented which show how matters relating to detailed design, scale, siting, and landscaping can be considered. With respect to traffic and access, the Environment and Infrastructure Service has raised no objections subject to conditions relating to the proposed access. It is noted that the sight lines required by this service would be difficult to achieve and would likely involve realignment of the existing boundary wall which would not be desirable. The guidance states that traditional field enclosures and landscaped features should be respected. In conclusion, the applicant has demonstrated in principle that the development plot could accommodate a dwellinghouse. However, the proposal does not comply with the adopted Renfrewshire Local Development Plan or the New Development Supplementary Guidance as it has not been demonstrated that there is a specific locational need for a dwellinghouse in this green belt location. It is also not considered that the sightlines required by the Roads Development Team can be achieved sensitively. It is therefore considered that the application must be refused. Index of Photographs A site visit has been undertaken on 11 July 2022, and photographs relevant to the application have been archived. RECOMMENDATION Refuse Reason for Decision 1. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Housing in the Green Belt as it has not been demonstrated that there is a specific locational need for a dwellinghouse. 2. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Green Belt Development as it has not been demonstrated that the site can be accessed safely, and that traffic and access infrastructure including sight lines can be accommodated sensitively. Alasdair Morrison Head of Economy and Development Page 193 of 254
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Applicant: Ms Marna Murdoch Ref. No: 22/0399/PP Site: Site 50 Metres East Of St Brydes Cottage Shields Holdings Lochwinnoch Officer: James Weir Documents Document Document Attached (Admin) Document Attached and Signed Decision Letter Decision Notice Appendix 1 – Report of Handling Plans to be stamped Drawing Number Drawing Title Checked Paper/DMS (Officer) Stamped DMS (BS) SL 001 Location Plan SL 002 A Location Plan Officers Initials: JW Business Support Initials: NL Page 194 of 254
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Page 2 of 3 Ref. 22/0399/PP REASON FOR REFUSAL PAPER APART TERMS AND CONDITIONS Reason for Decision 1. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Housing in the Green Belt as it has not been demonstrated that there is a specific locational need for a dwellinghouse. 2. The proposed development does not comply with Policy ENV1 of the Adopted Renfrewshire Local Development Plan 2021 and the New Development Supplementary Guidance on Green Belt Development as it has not been demonstrated that the site can be accessed safely, and that traffic and access infrastructure can be accommodated sensitively. Page 200 of 254
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Page 3 of 3 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning Act (Scotland) Act 1997 within three months beginning with the date of this notice. The notice of review should be addressed to Head of Legal and Democratic Services, Renfrewshire House, Cotton Street, Paisley PA1 1PR. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 201 of 254
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Appendix 1 RENFREWSHIRE COUNCIL Application No: 22/0399/PP CHIEF EXECUTIVE’S SERVICE RECOMMENDATION OF PLANNING APPLICATION Regd:7 June 2022 Applicant Agent Ms Marna Murdoch North Paddock Properties Ltd. 1-2 23 Redlands Lane Kelvinside Glasgow G12 0AF Nicholas John Hobson Hobson Architects Seacliff Eglinton Terrace Skelmorlie PA17 5EP Nature of Proposals Erection of dwellinghouse (in principle) Site Site 50 Metres East of St Brydes Cottage, Shields Holdings, Lochwinnoch Description This application seeks planning permission in principle for the erection of a dwellinghouse on land to the east of St Brydes Cottage. St Brydes Cottage forms part of a cluster of dwellinghouses which is located at the junction of Station Road and a private track approx. 1.4km to the north west of Howwood. The application site is irregularly shaped, and extends to approx 4,000 square metres. It comprises of gently undulating grassland, with mature trees along the eastern and southern boundaries. The eastern and southern edges of the site are defined by a burn, with the curtilage of St.Brydes Cottage to the west and the junction of Station Road and the private track to the north. Site access is via a field gate on the northern boundary. History No previous applications. Policy and Material Considerations Adopted Renfrewshire Local Development Plan 2021 Policy ENV1 – Green Belt New Development Supplementary Guidance 2022 Delivering the Environment Strategy – Green Belt Development Criteria, Housing in the Green Belt Material Considerations Publicity The Council has undertaken neighbour notification in accordance with the requirements of Page 202 of 254
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legislation. An Advert was placed on the press on 8 July 2022 for the following reason: Neighbour Notification. Objections/Representation Twelve letters of representation have been received, nine in support of the development and three in objection. The points raised in support of the development can be summarised as follows: 1 – Will utilise a small impractical green belt space within an existing cluster of properties. 2 – The development could provide a sustainable place to work from home. 3 – Good quality materials and landscaping will ensure the dwelling sits harmoniously within its surroundings. 4 – There is no loss of prime quality agricultural land. 5 – The proposal is in line with the National Planning Framework. 6 – There would be no loss of openness or public amenity. 7 – The proposal will have no effect on climate change or adverse environmental impact. 8 – Empty sites can often be targets for fly tipping. 9 – The application accords with the new guidelines for planning in the countryside The points raised against the development can be summarised as follows: 1 – Potential impact on existing soak away and septic tank within the site. 2 – Access is unsuitable and dangerous. 3 – Surface water runoff and drainage. 4 – The site is not readily accessible by walking or cycling and no infrastructure to support travel by these modes. 5 – Loss of privacy. 6 – Ground conditions and stability. Consultations Chief Executive’s Service (Roads Development) – No objection subject to conditions regarding sightlines and surfacing. Page 203 of 254
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Communities & Housing Services (Environmental Protection Team) – No comments. Informative to be added: N Summary of Main Issues of: Planning Statement – Presents an overview of the site and the proposed concept and provides a contextual analysis against the relevant planning policy and guidance. States that the development will not undermine the core role and function of the green belt or the robustness or effectiveness of the policy. The proposals present no threat of coalescence between settlements, and instead recognises the presence of clusters within the locality. The proposal carefully considers design and scale and will deliver appropriate landscaping. In terms of further justification, the outcome of draft consultation on National Planning Framework 4 is noted with respect to increasing the population of the rural areas of Scotland. It is asserted that the transition to remote working can be one of the drivers of this change, and there is already emerging evidence that the shift to remote working is prompting people to look to move. This represents an opportunity to support a rebalancing of the population. Concludes that the proposals in their present form are entirely compatible with the core values of greenbelt policy and the requirements of sustainability. Assessment Policy ENV1 states that residential development within the green belt will be considered appropriate in principle where it is a housing land shortfall remedy which satisfies Policy 8 of Clydeplan or is in support of certain uses. It also states that development within the green belt will only be considered acceptable where it can be demonstrated that it is compatible with the provisions of the New Development Supplementary Guidance. A housing land shortfall has not been identified. Therefore, the proposal requires to be assessed against the other criteria that allow development of this type to come forward and the criteria within the draft New Development Supplementary Guidance (SG). The SG states that development can be acceptable in principle where it is for a purpose in support of acceptable green belt uses. Green Belt Development Criteria provides a set of guidance that all development require to meet, including that traffic and access infrastructure can be sensitively accommodated and that it has been demonstrated that there has been careful consideration of the siting, design, scale and grouping of any buildings and infrastructure. Further to this guidance Housing in the Green Belt states residential development proposals require to be assessed against the following criteria. Development is required to maintain and support an established activity The development is not required to maintain or support an established activity that is suitable in the green belt. There is a need for the residential use to be located outwith the settlement It has not been demonstrated that there is a need for the development to be located outwith the Page 204 of 254
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settlement. The supporting statement suggests that support for the development could derive from National Planning Framework (NPF) 4 which seeks to increase the population of rural areas of Scotland. The transition to remote working is one factor that can facilitate this population increase. Notwithstanding the fact that the NPF is still in draft form, and I do not consider that significant weight can be attached to these statements as material considerations in this assessment. I also do not consider that the occupants potentially working from home would provide a locational justification either. The employment status of future occupants cannot be controlled by the Planning Authority, and additionally the site location is still primarily car dependent with respect to accessing other amenities. Buildings which have special architectural, traditional or historic character may be converted for residential use The development does not involve the conversion of an existing building. The proposal demonstrates outstanding quality of design, is of an appropriate scale within its setting, and makes a positive contribution to the site and surrounding area As the application is in principle only no detailed design details have been provided. However the applicant has provided indicative designs which show a dwellinghouse could be accommodated on the plot with respect to its dimensions. The proposal integrates with, complements and enhances the established character of the area As the application is in principle only no detailed design details have been provided. However, the applicant has provided indicative designs which show how a dwellinghouse could be accommodated on the plot with respect to its impact on landscape character. Replacement dwellings should reflect the specific character of the location, fit well with the surrounding landscape and achieve a high design standard The proposed development does not constitute a replacement dwellinghouse. On balance it is accepted that the proposed site could accommodate a dwellinghouse in a manner that complements the existing cluster and the wider environment. However, there is no locational justification for the development in terms of supporting an established activity or through some other locational need. The applicants state that the development does not undermine the core role and function of the green belt. However, the core role and function of the green belt can only be upheld through supporting sustainable growth as outlined in the new development supplementary guidance. The development does not comply with the guidance on the sustainable delivery of housing in the green belt in this regard. In addition to the above the development must also be assessed against the green belt development criteria. There is no loss of prime quality agricultural land associated with the proposals. It is also not Page 205 of 254
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4 : In the previous application by Ms Murdoch ,it was stated that the site does not appear to be in close proximity to amenities, which could be readily accessed by walking or cycling , which is absolutely correct. In current application is says, not true as 1 mile to park and ride. This may be but there is no footpath either side of road to both Howwood or Lochwinnoch. Cycling this road is particularly dangerous in general and people here, use the gravel lane to access the cycle path. In light of all the concerns ,it would be prudent for a site visit and hope you will agree that the access to this proposed development is too dangerous. Photographs attached. Page 211 of 254
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The proposal is a viable use of disused green belt land & is no loss of quality agricultural land, in line with the National Planning Framework. With considered construction, the proposal has no effect on climate change or adverse environmental impact, & has the potential to generate energy. I therefore fully support this application. Yours sincerely, Calum McPherson Dolphin Wave Bridesmill Rd Markethill Lochwinnoch PA12 4HP Page 227 of 254
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Procedure Notice of Renfrewshire Council Local Review Body Planning Authority Response to Request for Further Information Proposal: Erection of dwellinghouse (in principle) Location: Site 50m East of St Brydes Cottage, Shields Holdings, Lochwinnoch Application type: Planning Permission in Principle Application Number: 22/0399/PP This procedure notice is in response to the LRB request for further written submissions setting out an assessment of the proposed development in relation to the relevant policies set out in National Planning Framework 4 (NPF4). The following policies within NPF4 are considered to be relevant Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 16 - Quality homes Policy 17 - Rural homes Policy 8 is applicable for consideration of this proposal wherein the policy principles and outcomes of the green belt objectives are for development to be directed to the right locations. Policy 8 outlines that residential accommodation will only be supported in the green belt if it is “required and designed for a key worker in a primary industry within the immediate vicinity of their place of employment where the presence of a worker is essential to the operation of the enterprise”. It has not been demonstrated that the dwellinghouse in this case is required for the above purpose. The proposal also fails to comply with Policy 16 as it is not demonstrated that the house is required to address any shortfall in the area, with the variety of housing needs in the Lochwinnoch, Howwood and Kilbarchan area already addressed by allocated housing land within the Renfrewshire Local Development Plan. Policy 17 refers to rural homes and in this respect states that new homes will be acceptable in rural areas if they are situated on a site which is identified for housing in the LDP or reuses brownfield land where a return to the natural state has not, or will not happen without intervention. The site is not identified as housing land in the LDP and no evidence has been presented to suggest the site constitutes brownfield land. Policy 17 also allows that residential proposals may be acceptable in rural areas where the proposal makes use of redundant or unused buildings; makes use of or secures the future of historic environment assets; demonstrates a necessity to support the sustainable management of a rural business; offers retirement succession of a viable farm holding; relates to the subdivision of an existing dwelling of appropriate scale; or reinstates a former house or is a one-for-one replacement of an existing permanent house. None of these instances are noted to apply in this case. Item 3(c) LRB300523 Page 245 of 254
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The the proposed development does not comply with the relevant policies within NPF4. Page 246 of 254
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Item 3(d) LRB300523 Page 247 of 254
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Page 2 of 7 ‘Section 25 of the 1997 Act requires that decisions are made in accordance with the development plan unless material considerations indicate otherwise. Application of planning judgement to the circumstances of an individual situation remains essential to all decision-making, informed by principles of proportionality and reasonableness’. The appointed officer suggests that six policies of NPF4 are ‘considered to be relevant’, namely: Policy 1 - Tackling the climate and nature crises. Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green Belts Policy 16 - Quality homes Policy 17 - Rural homes He has, however, provided some detail in responses to only three of these, i.e. 8, 16 and 17, and my comments are as follows: Policy 8 – Green Belts Response Policy 8 has, in effect, replaced Clydeplan Policy 14 but the strategic objectives that underpin the core values of policy remain similar. What is less clear is that NPF4, Policy 8, has completely replaced LDP2, Policy ENV1. On that basis therefore, in relation to the Green Belt, our understanding is that the Council’s primary strategic concern, which hasn’t been changed by the introduction of NPF4, Policy 8, is that, while Green Belt designation is not in place to prevent development from happening, and while identifying supportable uses, the important consideration is that any proposed development does not undermine the core role and function of the Green Belt and, in particular, the intended Policy Outcomes of NPF4, Policy 8, in that the proposals do not represent unsustainable growth, will not impact negatively on the character, landscape and natural setting and identity of settlements, nor on nature networks and land managed to help tackle climate change. Policy 8 identifies a number of key policy connections that we consider to be relevant in this case, namely: Page 248 of 254
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Page 3 of 7 (i) Policy 9, Brownfield, vacant and derelict land and empty buildings The Policy Intent is ‘To encourage, promote and facilitate the reuse of brownfield, vacant .... land, etc’. The site is vacant and has been for a considerable period of time. It is not recorded on the Council’s Vacant and Derelict Land database but this is understandable due to the urban focus of this particular survey. (ii) Policy 17, Rural Homes This is returned to later but suffice to state at this stage that it does introduce the requirement for LDP2s to include ‘tailored approaches to rural housing’ which is not currently the case in Renfrewshire. Criterion (ii) refers to the reuse of brownfield land. The site is not brownfield but it does qualify as vacant under the terms of Policy 9. (iii) Policy 29, Rural Development Policy 29 advises that LDPs’ spatial strategies should set out the appropriate approach to development in rural areas which reflects the identified characteristics. The proposals are based on a careful consideration of topography, landscape setting and the settlement pattern in the immediate area. Criterion (b) states that ‘development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area’. Although these proposals are in principle, we maintain that the information already submitted confirms that this would be the outcome. With the above policies collectively providing, in effect, an overall policy context, it is our contention, as previously stated in the Supporting Statement that formed part of refused Planning Application 22/0399/PP and in the recently submitted Supporting Statement that forms part of this Request for Review, that the proposals are not entirely incompatible with the requirements of policy, and that their development would therefore not significantly implicate or, indeed, undermine the Page 249 of 254
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Page 4 of 7 effectiveness of these policies here or elsewhere in the LDP area. The strategic objectives of Greenbelt Policy would not be compromised. In view of the particular locational and physical characteristics of the site which have not been disputed by the appointed officer, it is difficult if, that is, they were treated on their own particular merits to conclude otherwise. Policy 16 – Quality Homes Policy 17 introduces the requirement for LDPs to include ‘tailored approaches to rural housing’ and goes further to state ‘and, where relevant, include proposals for future population growth – including provision for small-scale housing ...’ The Council’s HNDA 3 divides Renfrewshire into five Housing Market Areas. The proposed site falls within the West Renfrewshire Housing Market Sub Area which includes the villages of Lochwinnoch, Howwood and Kilbarchan, mentioned in the appointed officer’s response. There has not yet been an assessment of housing needs at Renfrewshire Housing Market Sub Market Area level and certainly not at the level of individual villages. The bulk of West Renfrewshire is countryside and therefore classified as rural, and all of it is Green Belt. The essentially top-down approach to the allocation of sites shown in LDP2 is not therefore the outcome of a ‘tailored approach to rural housing’. The proposed site, which is for a single dwelling only, in our opinion, as confirmed in the Supporting Statement for Planning Application No 22/0399/PP, and further in our Supporting Statement forming part of the Request for Review, even in the absence of such a tailor-made policy, presents no threat to the strategic objectives of Green Belt Policy, satisfying, as it does, all of the requirements relating to sustainability. Policy 17 – Rural Homes The Council’s response recognises that the site falls within a ‘rural area’. Policy 17 recommends that LDPs should set out tailored approaches to rural housing and, where relevant, include proposals for future population growth, including provision of small-scale housing. Page 250 of 254
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Page 5 of 7 Current LDP policy re the provision of housing in rural areas is not based on such a bottom-up approach. While, as a result, not having, as yet, a clear picture of the details of any responses to Policy Principle, we maintain that the proposals would not be incompatible with the ambitions of Policy Intent and Policy Outcomes. Criterion (a) states that ‘Development proposals for new homes in rural areas will be supported where the development is suitable scaled, sited and designed to be in keeping with the character of the area’. The appointed officer in his Report of Handling re the refusal of planning application, agreed that ‘the applicant has demonstrated in principle that the development plot could accommodate a dwellinghouse’ without negative implications for the context. While the site is not brownfield, it is vacant within the terms of connected policy, Policy 9, Brownfield, vacant and derelict land, where it is stated that the Policy Intent is ‘to encourage, promote and facilitate the reuse of brownfield, vacant ... land, etc.’ While Policy 17 includes reference to a range of acceptable residential uses in rural areas, which would cumulatively significantly limit the opportunities for new housing, the primary objective of Criterion (a). How this, however, ties in with the advice provided that LDPs ‘should be informed by an understanding of population change over time, locally specific needs and market circumstances in rural ... areas’ is not clear. Indeed, the advice suggests the provision for small-scale housing that is not all intended for essential workers or retired farmers? Other Policies Referred To The Planning Authority’s Response identifies the following policies as relevant to this application but makes no further comment. Policy 1 – Tackling the climate and nature crises There is no disputing the relevance of Policy 1 since its guidelines would, it is understood, be intended to be universally applied to all applications. Policy 1 states that ‘when considering all development proposals, significant weight will be given to the global climate and nature crises’. Page 251 of 254
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Page 6 of 7 Since, according to NPF4, the ‘key policy connections’ for Policy 1 are ‘all other policies’, it has to be assumed that the ‘other policies’ referred to in the Planning Authority’s Response are the ones considered to be those most likely negatively implicated by the proposals relative to the requirements of Policy 1. We do not agree and, as stated elsewhere, in our opinion these proposals would not contribute to any undermining of the aspirations of Policy 1 in relation to the climate and nature crises. Policy 2 – Climate mitigation and adaptation Policy Intent is given as ‘To encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change’. This is an application in principle but mindful of the issues focused on in Policy 2, an indicative response to circumstances was included as part of the planning application. A ‘could this work’ approach was taken and the results were generally supported by the Determining Officer in his Report of Handling. Should consent be granted, then the required detail would form part of any subsequent application. Policy 3 – Biodiversity The ‘Policy Intent’ is ‘To protect biodiversity loss, deliver positive effects from developments and strengthen nature networks.’ Criterion (c) states that ‘Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development.’ The appointed officer has already agreed in his Report of Handling that the proposals would not have significant negative implications for wildlife. If, however, there are any doubts about this, Appendix 1 – Additional Information for Assessment – Development Guidance provides guidelines for Ecological Appraisals. If, on a precautionary basis, the Planning Authority would be seeking a ‘phase 1 habitat survey’, then this could be made a condition of any consent. Page 252 of 254
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