Mr Gary Mulvaney: Erection of Garden Room to Rear of Property: Ettrick Lodge, John Street, Helensburgh (Ref: 25/00734/Pp)
Argyll and Bute Council · 18 June 2025
Back to Planning, Protective Services and Licensing Committee — 18 June 2025 and its agenda
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Argyll and Bute Council Development & Economic Growth Planning Application Report and Report of Handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 25/00734/PP Planning Hierarchy: Local Applicant: Mr Gary Mulvaney Proposal: Erection of garden room to rear of property Site Address: Ettrick Lodge, John Street, Helensburgh, Argyll and Bute G84 8XN DECISION ROUTE ☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 ☒Committee - Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Erection of a garden room (ii) Other specified operations • None (B) RECOMMENDATION: That planning permission be approved subject to planning conditions recommended within this report. (C) CONSULTATIONS: N/a (D) HISTORY: 01/00006/LIB – Demolition of former dwellinghouses at 70 John Street – Approved 04.09.2002 00/01963/DET – Demolition of dwellinghouse and erection of three detached dwellings at 70 John Street – Approved 04.09.2001 (E) PUBLICITY:
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Site Notice - Conservation Area – Expired 06.06.2025 Listed Building/Conservation Advert - Expired 12.06.2025 (F) REPRESENTATIONS: (i) Representations received from: None (ii) Summary of issues raised: N/a (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist Given that the proposal represents relatively small scale detached garden room within the rear garden of an existing dwellinghouse, it is not considered that the general policy requirement for the Sustainability Checklists would give added value to this assessment; and as such it is considered that all matters, including sustainable siting and development, can be properly assessed on the basis of the submitted information available. ☐Yes ☒No ☐Yes ☒No (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc. ☐Yes ☒No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: ☐Yes ☒No
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(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: ☐Yes ☒No (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 6 – Forestry, Woodland and Trees NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 16 – Quality Homes Argyll and Bute Local Development Plan 2 (Adopted 2024) Spatial and Settlement Strategy Policy 01 – 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 16 – Listed Buildings Policy 17 – Conservation Areas High Quality Environment Policy 73 - Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees (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.
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• Third Party Representations • Planning History • ABC Technical Note – Biodiversity (Feb 2017) • TN06 Sustainability Technical Note and Checklist (Oct. 2023) • TN07 Sustainable Buildings Technical Note and Checklist (Oct. 2023) (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: ☐Yes ☒No (L) Has the application been the subject of statutory pre-application consultation (PAC): ☐Yes ☒No (M) Does the Council have an interest in the site: ☐Yes ☒No (N) Requirement for a pre-determination hearing: ☐Yes ☒No (O)(i) Key Constraints/Designations Affected by the Development: • Upper Helensburgh Conservation Area (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? (If yes, detail in summary assessment) ☐Yes ☒No Does the proposal include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application ☒Brownfield ☐Brownfield Reclaimed by Nature ☐Greenfield
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ABC LDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations The proposal is for a garden room structure to be sited within the private residential curtilage to the rear of a detached dwellinghouse located within the Upper Helensburgh Conservation Area. It is noted that a determination of an application of his nature for ‘householder’ type of development would normally be delegated to the Head of Planning and Economic Growth (and administered by the Area Team Leader for the Helensburgh, Bute and Cowal planning team). However, in this instance the application requires the consideration of Members as the applicant is an elected Councillor. The proposal is consistent with the settlement strategy set out in the Argyll and Bute Local Development Plan 2 by reason that it is located on developed land within an identified ‘settlement zone’ and that it is generally compatible with surrounding pattern of built development and land-use; will not result in any materially adverse impact on the natural or historic environment; and will not impact upon service infrastructure including the public / private road network. The main considerations in this instance are limited to matters of siting, scale, form, massing, detailing and material finishes in relation to: (i) the surrounding townscape character (ii) the policy ‘test’ that development “preserves or enhances the character and appearance” of the Upper Helensburgh Conservation Area (iii) potential impact on listed buildings / structures (iv) potential impact on the natural environment and biodiversity, and (v) impact on residential amenities in terms of: (a) retention of adequate level and quality of private residential open space to serve the occupiers of the application property; and, (b) protection against loss of residential amenities for the occupiers of neighbouring houses including loss of natural daylight through overshadowing, or loss of privacy through ‘overlooking’. These considerations have been assessed in relation to all relevant Local development Plan policy as being acceptable and the detailed assessment is set out in full in Appendix A this Report - Planning Land Use and Policy Assessment (below). In summary, the building is of a modest scale, discreet siting at the rear of Ettrick Lodge and is well screened by existing natural planting along the western boundary with John Street. Officers therefore conclude that this application is consistent with the Local Development Plan Settlement Strategy and that it will not result in any material adverse impact with reference to all other LDP 2 policies. No third party representations have been received. The material considerations do not require consultation. On the above basis, it is recommended that the application be approved subject to planning conditions relating to the detailed design and material
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finishes in order to ensure that the building is successfully visually assimilated within tits context and with specific regard to preserving the character and appearance of the conservation area. (Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: The proposal is for the erection of a modestly proportioned and discreetly sited garden room structure sited within the rear private residential curtilage of a dwellinghouse. The site is located within the settlement zone of Helensburgh as identified in the Argyll and Bute Local development Plan 2. The proposed development by reason of discreet sting; simple, low-profile volumetric form; and palette of co-ordinated and recessive material finishes shall relate appropriately to the pattern of built development and will preserve local visual amenity and the character and appearance of the Upper Helensburgh Conservation Area. Additionally, it is not considered that the proposal will have any material impact upon the architectural, historic or cultural qualities of nearby listed buildings / structures, or upon the integrity of their settings. By reason, of scale and siting, the proposed development will preserve the residential amenities of the occupiers of Ettrick Lodge in relation to quality and quantity of private open amenity space; and will not impact upon the amenities of the occupiers of neighbouring properties in relation to loss of natural light or loss of privacy through over-looking. The proposal will not have any material impact upon the natural environment or biodiversity given its garden location, modest scale and non-intrusive nature of construction. The proposal does not raise any issues regarding service provision or infrastructure. No third-party objections have been received. On the above basis, it is considered that the proposed development is acceptable with regard to the development plan policies and does not give rise to any other material considerations that would warrant a departure from these provisions. (S) Reasoned justification for a departure to the provisions of the Development Plan The proposal is consistent with the relevant provisions of the Development Plan. (T) Need for notification to Scottish Ministers or Historic Environment Scotland: ☐Yes ☒No Author of Report: Norman Shewan Date: 21.05.2025 Reviewing Officer: Kirsty Sweeney Date: 02.06.2025 Fergus Murray Head of Development & Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 25/00734/PP Standard Time Limit Condition 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 06.05.2025, 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 1 of 6 – 0536-004 Rev. A 07.05.2025 Existing Site Plan 2 of 6 – 0536-003 Rev. A 07.05.2025 Proposed Site Plan 3 of 6 – 0536-002 Rev. A 28.05.2025 Proposed Floor Plans, Elevations and Details 4 of 6 – 0536-001 Rev. A 07.05.2025 Cladding Specification 5 of 6 - 07.05.2025 Roof Covering EPDM Specification 6 of 6 - 07.05.2025 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. PP - Specify Materials Other Than Shown on Plans/Application Notwithstanding the effect of Condition 1, the development shall be completed externally using the following materials unless otherwise alternative materials / material finishes are approved in writing by the planning authority: (i) Roof fascia and soffit trim to be dark grey / anthracite coloured PPC aluminium; (ii) All rainwater goods to be dark grey or black coloured; and, (iii) Windows / doors to be dark grey / anthracite coloured PPC aluminium clad. Reason: In order to ensure an appropriate quality, and integrated approach to, external material finishes to ensure that hat the proposed new structure generally respects the character of existing buildings nearby and preserves or enhances the character and appearance of the conservation area in accordance with relevant planning policy.
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COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 25/00734/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Settlement Strategy 1.1. The application site is located within a ‘Settlement Area’ as identified in the Argyll and Bute Local Development Plan 2 (adopted Feb. 2024) (LDP 2) wherein Policy 01 of LDP2 gives a general presumption in favour of sustainable development where it: • is compatible with surrounding uses; provides suitable access and infrastructure • is of an appropriate scale and fit for the size of settlement in which it is proposed • respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and it complies with all other relevant LDP2 policies 1.2. It is considered that the proposed development accords with the above criteria and is consistent with the settlement and spatial strategy. This assessment is set out in detail below. 2. Location, Nature and Design of Proposed Development 2.1. The application site comprises a large, detached dwellinghouse, known as “Ettrick Lodge” located within the Upper Helensburgh Conservation Area. 2.2. The property is a large, detached 2-storey house built circa 2002 set on a corner plot on the Northwest corner at the junction of John Street and West Argyll Street. The boundaries with these streets is clearly demarcated by an historic stone wall and/or established hedge set back from the surfaced edge of the adopted public roads behind a wide grass verge that includes ‘street’ trees. Access is by a gate flanked by with stone piers, within the eastern site boundary with John Street, close to its junction with West Argyle Street. There is row of mature trees within the garden behind the boundary wall / hedges with the public street. 2.3. The line of the principal (south) elevation is set back some 29 metres from the boundary with West Argyle Street. The gabled side (west) elevation is set back approximately 7.5 metres from the eastern boundary of the property with John Street. The house is a mixture of hipped and gabled roof forms and incorporates features and detailing that makes references to historic design styles. The roof is dark grey slate, and the walls are primarily an off-white render finish with window openings and bay window structure ‘picked out’ with stone / re-constituted stone masonry. 2.4. The house forms part of a redevelopment of a former dwellinghouse at no. 70 John Street to provide 3 no. houses (Planning Reference 00/01963/DET). The 3 no. houses (including the application property) were developed during the early 2000s. The other two houses are “Springfield” which bounds the application site to the north; and “Augusta” which bounds the application site to the east.
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2.5. The proposed development is for the erection of a detached garden room within the garden area to the rear (north) of the house. The rectangular footprint of the structure measures 8.70m x 5.70m. 2.6. Dimensions noted on the application drawings are taken from the edge of the overhanging roof eaves. It is to be sited 2466mm from the rear elevation of the house (at its closest point) and 1100mm from the rear (northern) boundary with the adjoining house “Springfield”. The line of the eastern elevation of the proposed sun room will be 5907 metres in from the eastern boundary of the rear garden with the adjoining house “Augusta.” The line of the side (western) elevation of the proposed garden room is set back some 11.23 metres from the western boundary of the property with John Street. 2.7. The proposed structure is a simple, flat-roofed form. No details of the height of the FFL above existing ground level are evident from the submission. The fascia panel, round the roof, is approximately 354mm. The drawings show that the eaves do not project outwards from the plane of the wall on the east and west elevations. The roof projects minimally beyond the line of the rear wall and some 500mm beyond the line of the south (front) elevation to form a small canopy. The ‘flat’ roof is to be laid at a very shallow fall from south to north and the rainwater will be picked up by a gutter along the south elevation that drains to a downpipe. The drawings not the height from the top of the sole plate to the underside of the fascia as 2500mm. Allowing for an additional 345mm for the roof depth and a reasonable estimate of a FFFL some 200mm above ground level gives an overall maximum height of approximately 3.45 metres above existing ground level. 2.8. The wall panels are to be faced with vertically fixed slatted “Wood Plastic Composite” boards. The specification has optional colour finishes i.e. “midnight”, “silver birch” and “spiced oak.” The flat roof is to be covered with a synthetic rubber single-ply waterproofing membrane. 2.9. The south elevation (directly facing the rear elevation of the house) is to have a centrally positioned pair of glazed doors with a ‘conventional’ window to one side and a full-height, fixed glazed panel on the other side. A similar, full-height, fixed glazed opening is proposed on the west elevation facing towards the boundary of the property with John Street. The rear (north) and the other side (east) elevations do not have any openings. 2.10. Details of external material finishes for the doors /windows; fascia and sofit trim; and rainwater goods is not apparent from the application submission. During the officers site inspection, the applicant advised that the doors and windows will have dark grey / anthracite coloured frames and that the fascia and soffit trims are also proposed to be dark grey / anthracite. 2.11. The principal policy ‘test’ in very general design terms, is whether the proposal, by reason of siting, design and material finishes, appropriately considers and responds to the established character and appearance of its context and does not have a materially adverse impact upon visual amenity. (Potential impact upon the historic environment will be assessed specifically in a later section.) 2.12. It is considered that the proposed siting within the curtilage is visually discreet, ‘tucked into’ the North East corner of the curtilage between the rear elevation of the house and the rear boundary of the curtilage with an adjoining residential property “Springfield.” The western side elevation of the house faces towards the western boundary of the curtilage with John Street, and is set back from this boundary by some 7.5 metres. The
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proposed garden room is set back a further 3.75m (approximate) behind the line of the western side elevation of the house. As such the siting respects the ‘building lines’ of existing built development relative to West Argyle Street and John Street. In effect, the proposed structure will be completely visually screened by the house in views from the south from West Argyle Street and in views from the South West from John Street. It will also be screened in views from the North West from John Street by a detached garage within the curtilage of “Springfield.” The siting for the garden room will be visible in views from John Street between the house (“Ettrick Lodge”) and the garage at “Springfield”, however the structure will be set back behind the front elevation of both of these buildings and the existing dense hedge boundary (1.80 metres high) supplemented by two mature trees in the rear garden of Ettrick Lodge will effectively reduce views of the proposed garden room to the top of the structure and even then, it will be viewed through and between tree branches / foliage. On this basis, the building will have a very low level of visual presence within the area. 2.13. The scale of the proposal is relatively small in comparison to surrounding built development. It does take up a significant area of the rear garden, however this will not impact upon visual amenities given the low profile design and discreet siting set out in detail above. 2.14. The building form has a mono-pitched roof at a very shallow angle of fall from front to rear. The front edge of the roof projects beyond the line of the wall to form a shallow canopy. This is arguably not a traditional form, however (and subject to quality of detailing of junctions and materials), it will result in a discreet and restrained volumetric form. It is not unusual for smaller, garden buildings e.g. traditional gazebos to have a formal architectural ‘language’ that is distinct from the house. In addition, it is noted that the proposed structure is very discreetly located and well-screened. On this basis, the scale, form and massing of the proposal is considered to be appropriate in relation to the character and visual amenities of its context. 2.15. It is noted that the material finishes are not natural in character, however notwithstanding this, the proposed mix of materials has the potential to have a consistency across the building that will result in a discreet, co-ordinated and recessive design quality that will ‘sit’ sensitively within the site in relation to surrounding buildings. Officers consider that a combination of dark grey / anthracite coloured trim to the deep fascia panels and similar dark grey coloured window and door frames (in conjunction with the composite wall-cladding panels) is an appropriate combination of materials that results in a very discreet and elegant structure. Aluminium window and door frames are generally preferable to uPVC. This assessment has been made on the basis of verbal advice by the applicant, and as such, officers recommend that planning permission be subject to a condition requiring the development to be implemented using these material finishes unless appropriate alternative materials are agreed in writing by the planning authority. 2.16. Subject to the above recommended condition, the material finishes are considered to meet the NPF4 Policy 2 and LDP2 Policy 9 in terms of being sustainable design. 2.17. The design also has to be assessed with regard to potential impact upon residential amenity. 2.18. NPF4 Policy 16 (g) states that “householder development proposals will be supported where they:
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(i) do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and, (ii) do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking.” 2.19. The proposed structure covers a relatively large proportion of the private residential amenity space serving the application property “Ettrick Lodge”. However, the house will still have a very large area of open amenity space in front of the house and alongside the house. Both of these areas have a high degree of privacy by reason of established high boundary walls / hedgerows and trees. As such, the proposal will preserve a good level of external private open amenity space for the occupiers of “Ettrick Lodge.” The proposed structure is low-profile and set back from the northern and eastern site boundaries such that there will be no material loss of light to neighbouring properties. There are no window door openings facing towards the boundaries with neighbouring houses. Notwithstanding the above, windows and / or doors on these elevations would be at ground floor level and views would be screened by established boundaries. As such, the proposal would not be detrimental to the residential amenities of the application property “Ettrick Lodge”, nor the amenities of the occupiers of neighbouring properties by reason of loss of natural light or privacy. 3. Natural Environment 3.1. The application site comprises the private residential curtilage of a dwellinghouse. 3.2. The application submission states that no trees are to be removed in relation to this proposed development. The “Proposed Site Plan - Dwg. No. 0536-002 Revision A” shows the siting of mature trees within the application site in relation to the siting of the proposed garden room structure. These include 3 no. mature trees that run adjacent hedge boundary between the rear garden and John Street. 3.3. The closest tree is some 8.078 metres from the nearest point of the proposed garden room (measured from the centre of the stem / trunk). A site inspection confirms that the proposed siting for the garden room is comfortably outside of the canopy spread of any existing trees. Additionally, foundation works and below-ground preparation is likely to be non-intrusive (relative to mass concrete trench or raft foundations) and as such will not have any material impact on tree root systems. On this basis officers are satisfied that the proposed development will have no impact upon any natural features, trees or biodiversity interests. 3.4. The proposed introduction of the small-scale development within garden ground presents minimal disruption to habitat and nature networks and is considered to have a neutral effect on biodiversity and trees in accordance with NPF4 Policies 3 and 6 and LDP2 Policies 73 and 77. 4. Built / Historic Environment 4.1. The property is within the Upper Helensburgh Conservation Area wherein there is a policy requirement to ensure that development preserves or enhances that the character and appearance of the conservation area and responds to the qualifying features for the conservation area designation.
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4.2. One of the key elements of the spatial character of this conservation area is generated by the grid layout of the streets with blocks sub-divided to form large curtilages with period villas typically sited towards the upper rear part of the plot with the principal elevation facing southwards over formal, landscaped gardens. The curtilages to the rear of the house are typically smaller than front gardens and often included ancillary, service buildings and structures. The streets often have wide grass verges with street trees and boundaries with residential properties are typically well-defined by stone walls and / or mature natural hedgerow / tree planting. Whilst the application property and its directly adjoining neighbours are relatively modern houses they do share many of the above features / characteristics. 4.3. It is considered that the proposed outbuilding responds to this traditional typical pattern of built development by reason of it being sited behind the rear of the house and set back behind the line of the side elevation of the house that faces John Street. It is clearly subservient to the principal building on the site by reason of siting, scale, form and material finishes. Whilst the design and materials are contemporary in character, subject to control of material finishes by means of planning condition, the proposed structure will have a compact, co-ordinated and restrained appearance appropriate to a ‘garden’ type structure. It is therefore considered the proposal would have a neutral visual impact thereby preserving the character and appearance of the Upper Helensburgh Conservation Area within which the property is located. As such, the proposal is consistent with the relevant Conservation Area Policies. 4.4. The closest listed buildings to the application site are 1-14 (inclusive) Glenan Gardens, a late 9th Century terrace of houses fronting onto the south side of West Argyle Street between John Street to the East and William Street to the West. In addition, there are Category B listed structures in the form of two pairs of later 19th Century, Victorian ‘Provost’ lamps located on John Street near to the site. The northernmost pair is located within the curtilage of no. 51 John Street (located on the SW corner of John St. and West Montrose Street. The southernmost pair of Category B listed ‘Provost’ lamp standards are located outside of no. 68 John Street just south of its junction with West Argyle Street. 4.5. The siting of these above listed buildings and structures in relation to the application site is included for completeness and to demonstrate that potential impact upon the setting of listed buildings / structures has been made. However, give the very modest scale and nature of the proposal combined with its very discreet siting in relation to the existing pattern of built development and established boundary features officers consider that the proposal will have a very limited visual impact generally and will have no material impact specifically on the historic or cultural setting of these nearby listed buildings / structure.