Coastguard review case statement 17.04.2025
Argyll and Bute Council · 30 May 2025
Back to Argyll and Bute Local Review Body — 30 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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STATEMENT OF CASE - SUPPLEMENTARY INFORMATION- FOR ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY REFUSAL OF PLANNING PERMISSION FOR THE CHANGE OF USE OF EXISTING COASTGUARD STATION TO FORM DWELLINGHOUSE AT FORMER COASTGUARD STATION, SOUTHEND, ARGYLL AND BUTE PLANNING APPLICATION REFERENCE NUMBER 22/02186/PP LOCAL REVIEW BOARD REFERENCE NUMBER 24/0018/LRB 17th April 2025
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SUPPLEMENTARY INFORMATION BACKGROUND The Review Body seeks commentary from the Planning Authority on the consideration of the revised plans and conditions and reasons to accompany any approval with the inclusion of a condition restricting the use of the building to that of a holiday home for family use. COMMENTS ON SUPPLEMENTARY INFORMATION REQUEST 1. BASIS OF ORIGINAL SUBMISSION The proposal as originally submitted and as considered during the application processing and determination was for the change of use of the subject building to a residential dwelling. The Supplementary Information Request seeks the Planning Authority’s consideration of the acceptability of the building being changed to a holiday home and restricted by planning condition. The Planning Authority confirm that the consideration of the proposal as a holiday let is a materially different proposal from that of the planning application and would give rise to a completely different assessment including against different planning policies which are specific to tourism uses, such as that being suggested. The application as put forward under ref. 22/02186/PP was for a residential dwelling and therefore the Planning Authority has competently assessed the scheme on that basis. A materially different scheme such as that being put forward in this Supplementary Information Request, should be subject to the submission of a separate planning application. 2. COMMENTARY ON ADDITIONAL SCALED PLANS Additional scaled plans have been provided (drawing reference: MAC-25100- 02 Rev A; and a drawing with no reference number). The second plan which has no reference number still fails to provide any scale bar, or written dimensions. The former plan (MAC-25100-02 Rev.A) shows an in internal layout at first floor level with an additional shower room. Our previous commentary on the building size remains. The existing building footprint takes up a majority of the plot with limited space surrounding it. The proposed conversion looks to create a residential unit with approximately 39sqm of habitable accommodation on a very restricted plot. The first-floor attic space of building is restricted by sloping ceilings which significantly reduces the amount of usable floorspace on this level. In addition, reduced headroom, such as beneath a sloping ceiling can cause problems in the use of both facilities and furniture, usable spaces within a dwelling should therefore have an unobstructed height of at least 1.8m/ a height that a person can stand in. The proposal would not have sufficient useable space to afford the occupier an
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acceptable residential living environment and represents a low-quality design in respect of living standards for future occupants. 3. DRAFT CONDITIONS Should the Local Review Body be minded to approve the application for a dwellinghouse the draft conditions to be attached to any decision are recommended as: 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 27/01/2024; supporting information and, the approved drawings listed in the table below unless the prior written approval of the planning authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997. Plan Title. Plan Ref. No. Version Date Received Location Plan 1304/P/1 3rd November 2022 Plan Section and Elevations as Existing 1304/P/2 3rd November 2022 Plan Section and Elevations Proposed 1304/P/3-A 22nd April 2024 Plan Section and Elevations Existing Site Plan Proposed 1304/P/6 20h August 2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP –Biodiversity Enhancement Measures Notwithstanding the effect of Condition 1, no development shall commence until a biodiversity statement demonstrating how the proposal will contribute to conservation/ restoration/ enhancement of biodiversity has been submitted to and approved in writing by the Planning Authority. The biodiversity statement should refer to Developing with Nature guidance |NatureScot as appropriate. Reason: To comply with the requirements of NPF4 Policy 3. 3. PP – Junction with Private Road Notwithstanding the effect of Condition 1, no development shall commence until a finalised scaled layout plan showing the connection of the private access to the public road has been submitted to and approved by the Local Planning Authority.
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The details shall demonstrate accordance with the Council’s Roads Standard Detail Drawing SD 08/005 Rev.B. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter and maintained in accordance with the approved plans. Reason: In the interests of road safety. 4. PP – Parking and Turning as shown The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles providing parking for two vehicles on site. Reason: In the interests of road safety. 5. PP – Refuse collection The refuse collection point shall be provided adjacent to the public road prior to the development first being occupied and shall thereafter be maintained in accordance with the approved details. Reason: In the interests of road safety. 6. PP – Construction Hours Notwithstanding the provisions of Condition 1, the construction of the development hereby permitted shall be restricted to the specified hours of 0800-1800 hours Monday to Friday, 0800 – 1300 hours Saturday and not at all on Sunday, Bank or Scottish Public Holidays. Reason: To minimise the impact of noise, generated by construction activities on occupiers of residential properties. 7. PP- Buildout Timescale No development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority. Reason: In order to comply with the requirements of NPF4 Policy 16F. 8. PP- Contaminated Land Assessment No development shall commence until, a scheme will be submitted by the Developer (at their expense) to identify and assess potential contamination on site. No construction work shall commence until the scheme has been submitted to, and approved, by the Planning Authority, and is thereafter implemented in accordance with the scheme so approved.
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The scheme shall be undertaken by a competent person or persons in accordance with relevant authoritative guidance including PAN 33 (2000) and BS10175:2011 or, in the event of these being superseded or supplemented, the most up-to-date version(s) of any subsequent revision(s) of, and/or supplement(s) to, these documents. This scheme should contain details of proposals to investigate and remediate potential contamination to the satisfaction of the Planning Authority, and must include:- a) A desk study and development of a conceptual site model including (where necessary) a detailed site investigation strategy. The desk study and the scope and method of recommended further investigations shall be agreed with the Council prior to addressing parts b, c, and d of this condition. Should the desk study show the need for further assessment this will be undertaken in the following sequence: b) A detailed investigation of the nature and extent of contamination on site, and assessment of the risks such contamination presents. c) Development and agreement of a remedial strategy (if required) to treat/ remove contamination ensuring the site is made suitable for its proposed use (this shall include a method statement, programme of works, and proposed verification plan). d) Submission of a verification report for any agreed remedial actions detailing and evidencing the completion of these works. Written confirmation from the Planning Authority, that the scheme has been implemented and completed shall be required by the Developer before any development hereby approved commences. Where remedial measures are required as part of the development construction detail, commencement must be agreed in writing with the Planning Authority. Reason: To ensure that the potential risks to human health, the water environment, property, and, ecological systems arising from any identified land contamination have been adequately addressed. CONCLUSION Section 25 of the Town and Country Planning Act 1997 requires that all decisions be made in accordance with the development plan unless material considerations indicate otherwise. Summary Commentary on Key Material Considerations: The application as submitted and determined by the Planning Authority was for the change of use of the subject building to residential accommodation. The Review should be determined on this basis. The notion to amend the scheme to be a holiday let is a materially different proposal and a different assessment would be undertaken as a result. Should the Appellant wish to pursue a holiday let, it is recommended that they apply for planning permission to allow a full and competent assessment of such a proposal to take place. On this basis, the Planning Authority will not provide an assessment of a holiday let and reiterate our previous comments on the key matter of this Review: - Whether the proposed building, due to its scale, plot ratio and design, would provide a suitable residential environment for its future occupiers
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Policy 66 of LDP2 permits residential developments where (amongst other requirements): a) the layout, density, plot ratio, scale, form and materials of any proposed development do not detract from the character of the surrounding buildings and the local area; and a) the site provides a suitable residential environment; LDP2 Policy 11 states that all proposals for conversions and changes of use to buildings must: a) Respect the character of the traditional use; and b) Reuse materials wherever practicable; and c) Retain features of particular architectural or historic interest; and d) Be capable of providing the proposed use without substantial extension or alterations which would be detrimental to the character of the building; and e) Be in scale and sympathy with the surrounding landscape and not require significant infrastructure that is detrimental to the character or amenity of the place. For the reasons given above, it is considered the proposed development would not be capable of providing the occupier a suitable residential environment due to the building’s restrictive scale. Officers raise concern that by allowing this development, it would negatively set a precedent on space standards/what constitutes an acceptable internal living environment for future occupants for the Argyll and Bute area. The proposal is accordingly considered to be contrary to NPF4 Policies 14 and 16, and Policies 10, 11, and 66 of LDP 2. Taking account of the above, it is respectfully requested that the request for a review be dismissed.