Consider Notice of Review Request: Land North of Penmore Mill, Penmore, Dervaig, Isle of Mull (Ref: 20/0001/Lrb)
Argyll and Bute Council · 18 November 2024
Back to Argyll and Bute Local Review Body — 18 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
SUPPLEMENTARY INFORMATION IN RESPECT OF: ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 20/0001/LRB REFUSAL OF PLANNING PERMISSION FOR ERECTION OF DWELLINGHOUSE, OUTBUILDING AND INSTALLATION OF SEPTIC TANK LAND NORTH OF PENMORE MILL PENMORE DERVAIG ISLE OF MULL ARGYLL AND BUTE 08/10/2024
Page 2
BACKGROUND OF CASE The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr and Mrs Phil and Rae Tiernan (“the appellant”). Planning permission 19/01737/PP for the erection of dwellinghouse at Land North of Penmore Mill, Penmore, Dervaig, Isle of Mull, Argyll and Bute (the appeal site”) was refused by the Planning Service under delegated powers on 19/11/19. The planning application has been appealed and is subject of referral to a Local Review Body. STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and all other material planning considerations and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this application. SUPPLEMENTARY REPORT Further to the previous supplementary statement and at the request of the Local Review Body, the appellant has submitted additional planning policy information sufficient to enable a new officer assessment of the proposed development under the provisions of the current adopted Development Plan. This assessment is summarised here: (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 11 – Energy NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
Page 3
NPF4 Policy 16 – Quality Homes NPF4 Policy 17 – Rural Homes NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 20th November 2023) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 15–Protection, Conservation and Enhancement of Our Historic Environment Policy 19 – Scheduled Monuments Policy 21 – Sites of Archaeological Importance Connected Places Policy 34 – Electric Vehicle Charging Points Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 58 – Private Water Supplies and Water Conservation Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees Policy 78 – Woodland Removal Policy 79 – Protection of Soil and Peat Resources (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 3/2013. • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017)
Page 4
Settlement Strategy In terms of the adopted LDP2 the site is defined as ‘Outwith Settlement Areas’ within an area identified as ‘Countryside Area' (CA) where Policy 02 of LDP2 gives a presumption in favour of sustainable development, but only where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2, notably Policies 70 to 76 in respect of the impact of the proposed development on the landscape and natural environment. Development proposals will be required to demonstrate that there will be no unacceptable adverse effects (either individually or cumulatively) on natural heritage resources, built and/or cultural heritage resources, and landscape and visual amenity. For any development where there is preliminary evidence that there may be such adverse effects, a landscape and visual impact assessment, natural heritage assessment, or built and/or cultural heritage assessment may be required. Policy 02 further states that certain development will be supported, generally without the need for detailed environmental assessments, with these comprising, infill, redevelopment opportunities of clusters; or previously developed sites. The development the subject of the current Review is not considered to fall within any of these development categories. In CAs, where there are nature conservation or landscape designations in place, Policy 02 details that development proposals will have to demonstrate that they are compatible with the designation interests. Proposed Development The application the subject of this Review proposes the construction of a relatively large detached, one and a half storey dwellinghouse with a first floor balcony wrapping around the entire north east facing end of the dwellinghouse, plus a detached single storey ‘pool house’ with attached ‘workshop’. This incidental building is lower in height that the proposed dwellinghouse but would have a footprint area of approximately three quarters that of the main dwellinghouse. Both buildings are of a traditional gable-roofed design and would be finished in rough-sawn timber cladding and corrugated metal roofs. Servicing and Infrastructure The application proposes to utilise and extend an existing private vehicular access spurring from the B8073 public road. A new private water supply and private sewage treatment plant is proposed to serve the development. Compliance with National and Local Development Plan 2 Policy Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024 which, together with NPF4 which was adopted on 13 February 2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. NPF4 Policy 1 – Tackling the Climate and Nature Crises seek to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4.
Page 5
Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. NPF4 Policy 2 – Climate, Mitigation and Adaption seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. Policy 04 of LDP2 requires developers to demonstrate that they have considered a range of sustainable development principles, a) to k), usually through the submission of sustainability checklists for siting and building design and/or through the submission of an appropriate level of information within a detailed written design statement. This requirement is further highlighted by LDP2 Policy 08 ‘Sustainable Siting’ and Policy 09, ‘Sustainable Design’. The relevant Sustainability Checklists have been submitted and examined. It is the assessment of the Case Officer that the applicant has understood and given adequate consideration to the sustainability aspects of the proposed development, sufficient to accord with the core sustainability requirements of both national and local planning policy, specifically the relevant details of the ‘Sustainable Places’ group of policies within NPF4 and LDP2 policies 04, 08 and 09. NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. With regards to the need in NPF4 Policy 3 to protect biodiversity, it is not considered that there are any specific issues of compliance with this part of Policy 3. No material biodiversity impacts have been identified in the assessment of this application by the Planning Authority and whilst no specific proposals for biodiversity improvements have been submitted it is considered that adequate and proportionate measures for biodiversity enhancement and protection can be delivered by planning condition. With a condition to secure adequate and proportionate biodiversity enhancement and protection measures within the development, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity. NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural assets making best use of nature-based solutions.
Page 6
The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a local landscape area or a site designated as a local nature conservation site or within an area identified as wild land. The proposed development is considered to be consistent with NPF4 Policy 4 and does not conflict with any associated policies set out in LDP2. NPF4 Policy 5 - Soils seeks to protect carbon-rich soils, to restore peatlands and to minimise disturbance to soils from development. The development proposed by the current planning application seeks to exploit a relatively level but elevated area of ground which is covered by a broad Class 3 Carbon and Peatland designation and an agricultural land designation of 5.1 – improved grassland. No part of the development site is within any priority peatland habitat or would affect high quality agricultural land. The proposed development is therefore considered to be in accordance with NPF4 Policy 5 and LDP2 Policy 79. NPF4 Policy 6 – Forestry, Woodland and Trees seeks to protect and expand forests, woodland and trees. Whilst the application site is immediately adjacent to an area of ancient woodland to the south and east, no part of the development proposals will harm these important wooded areas. Although the built development itself does not involve the felling of any trees, it is considered that the proposed works to extend and consolidate the access to the site may result in some minor tree loss. However, it is not considered that this limited tree loss will conflict with the overarching policy aims of NPF4 Policy 6. In this regard a planning condition is recommended on any grant of permission to secure a tree protection and retention plan to ensure that tree felling is kept to a minimum and that trees to be retained are protected during the construction period. This approach satisfies the requirements of NPF 4 Policy 6 and LDP2 Policies 77 and 78. NPF4 Policy 7 – Historic Assets and Places seeks to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. The development the subject of this application will not affect a Listed Building and neither is it located within a Conservation Area or any other historic designation. Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a significant impact on historic assets or places are accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. In this case, it is not considered that the proposed development will have a significant impact on historic assets or places. Part (h) of Policy 7 seeks to ensure that proposed developments do not have an adverse impact on Scheduled Ancient Monuments (SAM) and their settings. With regards to Part (h) of Policy 7, whilst there are two SAMs within the vicinity of the site; SM10566 ‘Druimghigha Dun’, approximately 0.6 kilometres to the south of the development site, and SM10564 ‘Dun nan Dall Dun’, approximately 0.8 kilometres to the north west of the development, it is considered that the proposed development will have no materially harmful impact upon the setting of either of these historic landscape features.
Page 7
Part (o) of Policy 7 seeks to ensure that where there is potential for non-designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage to allow the Planning Authority to assess impacts. However, notwithstanding the provisions of Policy 7 (o), whilst the site is within an area identified as being archaeologically sensitive, it must be acknowledged that the West of Scotland Archaeology Service (WoSAS) appear to have raised no objection to the planning application as submitted in 2019. It is therefore considered that, whilst there is the potential for archaeological discoveries within the site, this can be adequately addressed by a planning condition being imposed on any grant of planning permission to secure an archaeological watching brief for the site to be undertaken and agreed prior to work starting on the proposed development. Accordingly, with a condition to secure adequate and proportionate protection measures for the potential presence of archaeology, the proposal is considered to be in accordance with Policy NPF4 Policy 7 and does not conflict with the historic environment policies set out in LDP2 namely Policy 15, Supporting the Protection, Conservation and Enhancement of Our Historic Built Environment, Policy 19, Scheduled Monuments and Policy 21, Sites of Archaeological Importance which collectively seek to protect, conserve and enhance the historic environment, ensure that the setting of SAMs is not affected by inappropriate forms of development and that the archaeological heritage of Argyll and Bute is protected. NPF4 Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. The development the subject of this Review is within the CA as defined by LDP2 and the site is an area of greenfield land. In this regard Part (b) of Policy 9 states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. Whilst LDP2 Policy 02, Outwith Settlement Areas, seeks to promote a more flexible approach to development in areas identified as CA with Part A of Policy 02 giving general encouragement to sustainable development, this applies only where the proposed development is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. Given the relatively isolated and somewhat elevated nature of the site for the proposed development, it is considered that the Appellant must be able to demonstrate that the development proposed is appropriate in terms of its local and wider landscape impact as required by both national and local planning policy. This should be through the submission of a ‘light’ landscape and visual impact assessment (LVIA). An LVIA has now been submitted and examined. This body of work is both comprehensive and robust. It accurately describes the landscape characteristics and qualities of the site and its surrounding area and identifies the key viewpoints both to and from the development site. Officers welcome the submitted study and commend the quality of the work. Whilst it must be recognised that the proposed development, due to its scale and location, is less than ideal resulting in a minor to moderate landscape impact, officers agree with the overall conclusions of the LVIA which state: ● Higher ground to the North and West of the proposed site will provide a natural backdrop to the proposed developments building envelope
Page 8
● Screening of site from B8073 from trees bordering the Allt Torr a’ Bhacain River ● Partial Screening of site from the North East, which is the location of the 2 neighbouring dwellings that have a view of the site ● Does not compromise the relevant area designation ● Materials and colours used on the proposed development will be in harmony with the surrounding landscape ● Will provide a dwelling for applicants who will continue to use the croft inline with its history, will also free up applicants existing accommodation for other residents of Mull ● No loss of existing landscape features as site is covered in grass only ● Minimal groundworks required, existing track in place although overgrown with vegetation ● Overall there are no significant constraints on the proposed site. ● Views from common public accessed areas are over 1km away over Loch A Chumhainn e.g Core paths on Quinish Estate and Viewpoint at Kilmore Standing stones ● Sustainable development - renewable off grid energy supply, and telecommunications- limits the amount of trenches required. On balance, therefore, it is considered that the proposal is considered to be consistent with NPF4 Policy 9 and there is no conflict with the spatial and settlement strategy set out in LDP2 Policy 02. NPF4 Policy 11- Energy seeks to encourage, promote and facilitate all forms of renewable energy development, including energy generation, storage, and new and replacement transmission and distribution infrastructure. NPF4 Policy 11(a) states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. Part of the proposed development, through the provision of solar P.V. panels to part of the roof of both the dwellinghouse and the detached pool building, would contribute to the expansion of low-carbon and zero emission technologies and is thereby supported to that extent by NPF4 Policy 11 and there is no conflict to this limited degree with the relevant parts of LDP2 Policy 09, Sustainable Design, which seeks proposed developments to consider renewable sources of energy. NPF4 Policy 12 – Zero Waste seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission for a new single dwellinghouse and ancillary pool and workshop building. Whilst this is a development likely to generate waste when operational, it will benefit from regular waste uplifts by the Council and will be expected to comply with our adopted and enforced recycling and reuse strategy. In this regard, the proposed development is considered to be in compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy 63, Waste Related Development and Waste Management which seek to ensure that effective provision for waste/recycling is provided within developments.
Page 9
NPF4 Policy 13 – Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The application is seeking to secure permission for a single dwellinghouse with ancillary pool house and workshop which is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. Part (b) of Policy 13 requires consideration of the sustainable travel hierarchies including provision for vehicles and cycle charging points and therefore a condition is proposed to secure an Electrical Vehicle Charging (EVC) point within the site. The Area Roads Authority in their consultation response to the refused planning application the subject of this Review raised no objections subject to improvements to the visibility splays at the junction of the public road, the construction standard of the access and the provision of three car parking spaces within the curtilage of the dwellinghouse. These required improvements can be secured through the use of planning conditions and the proposed development is therefore consistent with the broad aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 34, Electric Vehicle Charging Points, Policy 37, Development Utilising an Existing Private Access and Policy 40, Vehicle Parking Provision which collectively seek to ensure that proposed developments are served by a suitable and safe access regime and provide appropriate parking provision commensurate with the scale of the development proposed. NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. Policy 14 states that development proposals will be supported where they are consistent with the six qualities of successful places. This is underpinned by LDP2 Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: All Development. These policies, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site; and ensure that no adverse visual or amenity impacts arise. The applicant has submitted a design statement which adequately demonstrates that the proposed development has been conceived through a design-led approach and the application of the place principle. In this regard, the development the subject of this planning application is considered to be in accordance with the broad aims of NPF4 Policy 14 and the sustainable siting and design policies of LDP2 namely Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: All Development. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods seeks to encourage, promote and facilitate the application of the ‘Place Principle’ and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In terms of our adopted settlement strategy, the site of the proposed dwellinghouse is in an area identified as being Outwith Settlement Areas where LDP2 Policy 02 seeks to promote a more flexible approach to development in areas identified as CA, within which the site is situated, with Part A of Policy 02 giving a presumption in favour of sustainable development
Page 10
where it is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. The appellant has submitted the following statement seeking to address the requirements of Policy 15: “The application site lies to the north of an established grouping of dwellings at Penmore and is just 2 miles from Dervaig which is identified as a ‘Village/Minor Settlement’ in the recently adopted LDP2. Dervaig contains a range of facilities including a primary school, post office and store, church etc. Dervaig is furthermore only 7 miles from Tobermory, and the review application site is served by the 494 Tobermory to Calgary to bus service.” In this instance, it is considered that the relatively small scale of the proposed development, and its rural location, would reasonably comply with Policy 15 of NPF4 given the existing dispersed geographical scale of the environment within which the development is to be located, and given its compliance with the existing settlement pattern and the level and quality of interconnectivity of the proposed development to both the minor settlement of Dervaig and the main centre of Tobermory where people can reasonably meet the majority of their daily needs within a reasonable distance of their home. It is considered that the proposed development aligns with NPF4 Policy 15 and there is no conflict with LDP2 Policy 02. NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(c) supports development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, including ‘self-provided homes’ of which the proposed development represents. With regards to Part (f) of Policy 16(i) an agreed timescale for build-out will be covered through the use of a planning condition; 16(ii), whilst the development proposed by this planning application is not on land actively allocated for housing in the LDP2, it would wholly accord with the adopted settlement strategy and would accord with the principles of ‘local living’ and ’20 minute neighbourhoods’; 16(iii) the proposal is consistent with NPF4 Policy 17, Rural Homes, being a suitable site which is in keeping with the character of the area. The proposed development is deemed to be consistent with NPF4 Policy 16 and there is no conflict with LDP 2 Policy 01, ‘Settlement Area’. NPF4 Policy 17 – Rural Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy 17 supports development proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and where the applicant has demonstrated how the development will contribute towards local living and take into account local housing needs (including affordable housing), economic considerations and the transport needs of the development as appropriate for the rural location. The appellant has submitted a brief statement in this regard that states:
Page 11
“The review application, if approved, would provide for the erection of a new family home that would accord with the Council’s key planning policy aim of supporting and sustaining fragile rural communities by contributing to actions to reverse falling populations and thus support the local economy. The application proposal therefore very much fulfils the aims and aspirations of Policy 17 of NPF4, and furthermore does not conflict with any of the other relevant policies of the LDP2. In addition to the above, as the Councillors on the LRB will know, in June 2023 the Council was the first Local Authority in Scotland to declare a Housing Emergency. Declaring a Housing Emergency was a call to action and was envisioned as being the catalyst to bring partners, stakeholders, investors and communities together to prioritise and commit to the collective action needed to tackle housing shortage. Research undertaken by the Council has demonstrated that the lack of accommodation on the islands is stifling employment, and thus economic growth.” It is considered that the development proposed accords with the broad aims of NPF4 Policy 17 and does not conflict with LDP2 Policy 09, Sustainable Development, Policy 10, Design all Development, and Policy 67, Provision of Housing to Meet Local Needs. NPF4 Policy 18 – Infrastructure First seeks to encourage, promote and facilitate an infrastructure first approach to land use, which puts infrastructure considerations at the heart of placemaking. Due to the lack of public water or drainage infrastructure within the vicinity of the site the application proposes private arrangements comprising a private water supply and private drainage system. At the time of planning application 19/01737/PP, the Council’s environmental health service were recommending that no objection be raised subject to a planning condition on the grant of permission to secure a report on the proposed private water supply to ensure that it is sufficient to serve the proposed development and does not impact on existing users of the same supply or adjacent supplies. A condition can also be imposed to secure details of the private drainage system. With the aforementioned conditions the proposed development aligns with NPF4 Policy 18 and is in accordance, in this regard, with LDP2 Policy 04, Sustainable Development, Policy 58, Private Water Supplies and Water Conservation and Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable infrastructure is available to serve proposed developments and give support to private water supply and drainage arrangements where connection to the public systems is not available. NPF4 Policy 22 – Flood Risk and Water Management seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed at NPF4 Policy 18 above, the development the subject of this planning application proposes a private water supply the details of which can be sought by planning condition. With regards to the management of rain and surface water at the site, this can be controlled thorough a condition imposed on the grant of permission to secure a suitable sustainable drainage system for the site. The proposal aligns with NPF4 Policy 22 and LDP2 Policy 55, Flooding and Policy 61, Sustainable Drainage Systems. Conclusion
Page 12
Whilst officers remain of the opinion that the decision to refuse planning permission in November 2019 was the correct response given the national and local planning policy provisions in force at that time, it is recognised that the framework against which the development must now be assessed has changed substantially since that time. The currently adopted Local Development Plan, in particular, has opened up opportunities for appropriate forms of sustainable development no longer necessarily constrained by board locational factors. Having carried out a detailed reassessment of the development the subject of this review against the current Development Plan and with the benefit of the additional information provided by the appellant it is considered that the proposal is consistent with the relevant provisions of the Development Plan which comprise National Planning Framework 4 and Local Development Plan 2 and there are no other material considerations of sufficient significance to indicate that it would be appropriate to recommend the withholding of planning permission having regard to Section 25 of the Act. It is therefore now recommended that planning permission be GRANTED subject to the following conditions and reasons: CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 19/01737/PP Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During Construction Additional Conditions 1. PP - Approved Details & Standard Notes – Non EIA Development The development shall be implemented in accordance with the details specified on the application form dated 15/08/19, 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 Site and Location Plan As Proposed 605(L)001 16/08/19 Ground and First Floor Plan and Elevations as Proposed 605(L)002 16/08/19 Additional Information 605(L)003 16/08/19 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP – Timescale to be Agreed for Completion Notwithstanding the effect of Condition 1, 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.
Page 13
Reason: In order to comply with the requirements of NPF4 Policy 16F 3. PP – Junction with Public Road Notwithstanding the effect of Condition 1, the proposed access at the junction with the public road shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/004a and visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter. Reason: In the interests of road safety. Note to Applicant • A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road. • No walls, fences, hedges etc. will be permitted within 2 metre from the channel line of the public road. 4. PP - Parking and Turning Further Details Required Notwithstanding the provisions of Condition 1, no development shall commence until full details of the layout and surfacing of a parking and turning area to accommodate 3 vehicles within the application site have been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety. 5. PP - Electric Vehicle Charging – Residential with Off Street Parking Prior to the commencement of the development (or such other timescale as may be agreed in writing with the Planning Authority), a scheme detailing the provision of a minimum 7kw electric vehicle charging point shall be submitted to and approved in writing by the Planning Authority. Where charging cannot be provided then the appropriate ducting to future proof the property must be installed. The approved charging point, or where relevant, the approved cable ducting shall be installed in full prior to the first occupation of the development, and thereafter retained in perpetuity unless otherwise agreed in writing by the Planning Authority Reason: To comply with the provisions of NPF4 Policy 13 Sustainable Transport and
Page 14
LDP2 Policy 34 – Electric Vehicle Charging. 6. PP - Sustainable Drainage System Notwithstanding the effect of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding. Note to Applicant: Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk. 7. PP – Landscaping/Boundary Treatment/Biodiversity Enhancement Notwithstanding the effect of Condition 1, no development shall commence until the detailed landscaping arrangements within the development have been submitted to and approved in writing by the Planning Authority. The scheme shall include details of: i) Location, design and materials of proposed walls, fences and gates; ii) Proposed hard and soft landscape works; iii) A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be implemented and maintained for the lifetime of the development. All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use. All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use. All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by the Planning Authority. The biodiversity statement should refer to: Developing with Nature guidance | NatureScot as appropriate and the development shall not be occupied until such time as the physical biodiversity enhancement measures have been completed. Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to comply with the requirements of NPF4 Policy 3.
Page 15
8. PP – Private Water Supply No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority. The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational. Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies. Note to Applicant: • Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance. 9. PP – Residential Outbuilding Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the detached workshop/pool building hereby permitted shall be used for purposes incidental to the main dwellinghouse and shall not be occupied independently thereof as a separate dwelling unit or as a short term holiday let or otherwise for any commercial purposes. Reason: To protect the amenity of the area and to define the permission on the basis of the Planning Authority’s assessment of the use applied for.