Mr Gerald Biagi: Change of Use from Yard (Sui Generis) to Class 5 to Create a New Commercial Garage: Land Behind Viewfield, Main Road, Cardross (Ref: 24/00462/Pp)
Argyll and Bute Council · 20 November 2024
Back to Planning, Protective Services and Licensing Committee — 20 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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: 24/00462/PP Planning Hierarchy: Local Application Applicant: Mr Gerald Biagi Proposal: Change of Use from scrap yard (Sui Generis) and to Class 5 to create a new commercial garage Site Address: Land Behind Viewfield Main Road Cardross Argyll And Bute DECISION ROUTE Committee Decision under Local Government Scotland Act 1973 (A) THE APPLICATION (i) Development Requiring Express Planning Permission • Change of Use from yard (Sui Generis) and to Class 5 to create a new commercial garage (ii) Other specified operations • N/A (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be granted subject to the conditions and reasons appended to this report. (C) CONSULTATIONS: Scottish Environment Protection Agency - 03.04.2024 - Defer decision Scottish Environment Protection Agency - 20.06.2024 – No objections Roads Helensburgh And Lomond - 22.04.2024 - Defer decision Roads Helensburgh And Lomond - 29.05.2024 – Defer decision Roads Helensburgh And Lomond - 09.07.2024 – No objections Environmental Health - Helensburgh & Lomond - 19.07.2024 – No objections subject to conditions Scottish Rights Of Way And Access Society - 11.04.2024 - Defer decision Scottish Rights Of Way And Access Society - 05.11.2024 – No objection
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Flood Risk Assessor - 23.04.2024 - No objections Flood Risk Assessor – 25.09.2024 - No objections (D) HISTORY: None (E) PUBLICITY: Advert Type: Regulation 20 Advert Local Application Expiry Date: 02.05.2024 (F) REPRESENTATIONS: (i) Representations received from: Objection Dr Bill Deans Kirkside Church Avenue Cardross Dumbarton Argyll And Bute 18.04.2024 Judith Ibrahmi 17 Cedarwood Court Main Road Cardross Dumbarton 22.04.2024 Pauline Sargent 16 Cedarwood Court Main Road Cardross Dumbarton 18.04.2024 David Sargent Dalnair Main Road Cardross Dumbarton 15.04.2024 Laura Muir Flat 12A Cedarwood Court Main Road Cardross 22.04.2024 T C Pritchard Flat 12A Cedarwood Court Main Road Cardross 17.04.2024 L J Pritchard Flat 12A Cedarwood Court Main Road Cardross 17.04.2024 Donald MacDonald 18 Cedarwood Court Main Road Cardross Dumbarton 16.04.2024 Sheena MacDonald 18 Cedarwood Court Main Road Cardross Dumbarton 16.04.2024 Janet Reece Flat 10 Cedarwood Court Main Road Cardross 16.04.2024 Malcolm McGilp Riversdale Church Avenue Cardross Dumbarton Andrea Steele McLean Kames Main Road Cardross Dumbarton Mark Farmer Flat 16 Cedarwood Court Main Road Cardross 16.04.2024 Support Sheenah Goodman 2 Darleith Road Cardross Dumbarton Argyll And Bute 16.04.2024 Calum Murray 2 Darleith Road Cardross Dumbarton Argyll And Bute 19.04.2024 Craig Mcluskey 31 gibson street Dumbarton G82 2ef 19.04.2024 Ross Biagi 50 Manse Brae Rhu Helensburgh Argyll And Bute Andrew Gillespie 29 Barrs Terrace Cardross Dumbarton Argyll And Bute Lesley Sutton 37 Camperdown Court Helensburgh Argyll And Bute G84 9HH 16.04.2024 Stephanie McGrath 50 Manse Brae Rhu Helensburgh Argyll And Bute Representation Patrick Trust Beaumaris Church Avenue Cardross Dumbarton 18.04.2024 Representations are published in full on the planning application file and are available to view via the Public Access section of the Council’s website. (ii) Summary of objections:
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• Concern that the proposed building will be out of keeping with the surrounding built environment Comment: Please see assessment below • Concern in regards to the proposed buildings height in terms of overshadowing Comment: As above • Concern in regards to the proposed buildings materiality Comment: As above • Concern in regards to access and parking Comment: The local roads area manager has been consulted and has noted that they have no objections to the proposals • Concern in regards to pedestrian safety Comment: As above • Concern in regards to potential overspill parking utilising public parking Comment: As above • Concern that the proposed use as a commercial garage would cause a disturbance and nuisance to nearby residential properties Comment: Environmental health have been consulted on the proposals and have noted several safeguarding conditions that should be attached to any approval • Note that the existing site has a history in regard to anti-social behaviour, fires and issues with vermin & litter Comment: This is noted, however, this is not a material planning consideration • Note that the proposed site is being used as a scrap yard without consent and was formerly private garden space / a dairy business Comment: This is noted and will only be investigated if this application is not successful • Note that the proposed commercial garage would not be of benefit to the local community Comment: This is noted, however, this is not a material planning consideration • Concern in regards to flooding Comment: SEPA and the flood risk consultants have both been consulted on the proposals and noted that they do not have any objections to the proposal
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• Note that there is an existing garage within the village and therefore an additional garage is not required Comment: This is noted, however, this is not a material planning consideration • Concern regarding weekend work occurring at the premises Comment: Environmental health has been consulted on the proposals and have noted several safeguarding conditions that should be attached to any approval • Concern regarding potential overlooking Comment: Please see assessment below • Concern regarding the surrounding stone wall being damaged as a result of the proposed development Comment: This is noted, however, this is not a material planning consideration and would be dealt with as a private civil matter • Concern regarding potential disturbance causing by the construction period Comment: Environmental health has been consulted on the proposals and have noted several safeguarding conditions that should be attached to any approval • Concern regarding potential air pollution Comment: As above (iii) Summary of support; • Note that the current site is an eye-sore Comment: This is noted • Note that the proposed commercial garage would be of benefit to the local community Comment: This is noted (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: No (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: No
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(iii) A Design or Design/Access statement: D&A statement submitted that contains; site description, the proposals, the sustainability checklists, local considerations, site context and the surrounding built development context. Yes (iv) Sustainability Checklists (with reference to the requirements of LDP2 Policy 04) TN06 Sustainability Checklist TN07 Sustainable Buildings Checklist Yes Yes (v) A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc. No (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: No (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: 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 3 – Biodiversity NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place Productive Places NPF4 Policy 26 – Business and Industry
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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 14 – Bad Neighbour Development Connected Places Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 63 – Waste Related Development and Waste Management High Quality Environment Policy 82 – Contaminated Land (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. • Third Party Representations • Consultation Reponses • 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: No (L) Has the application been the subject of statutory pre- application consultation (PAC): No (M) Does the Council have an interest in the site: No (N) Requirement for a pre-determination hearing: Please note that officers are not recommending a pre-determination hearing as it is considered that there would be no added value in this as all material planning considerations have been taken into account within this report including; consultee responses, third party representations etc. No
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(O)(i) Key Constraints/Designations Affected by the Development: N/A (O)(ii) Soils Agricultural Land Classification: Built Up Area Peatland/Carbon Rich Soils Classification: N/A Peat Depth Classification: N/A Does the development relate to croft land? No Would the development restrict access to croft or better quality agricultural land? N/A Would the development result in fragmentation of croft / better quality agricultural land? N/A (O)(iii) Woodland Will the proposal result in loss of trees/woodland? No Does the proposal include any replacement or compensatory planting? N/A (O)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application Brownfield ABC LDP2 Settlement Strategy Settlement Area ABC LDP2 Allocations/PDAs/AFAs etc: N/A (P) Summary assessment and summary of determining issues and material considerations; The proposed development relates to the change of use from scrap yard (Sui Generis) to Class 5 to create a new commercial garage. The proposal also includes the demolition of the existing building on the site and the erection of a new building to house the proposed commercial garage. The site is located within the settlement area of Cardross as identified in the adopted Argyll and Bute Local Development Plan (LDP2) wherein Policy 01 (Settlement Areas) notes that development will normally be acceptable on a site which is the redevelopment of a brownfield site, and it is compatible with surrounding uses including but not exclusively; providing access, service areas, infrastructure for existing, proposed or potential future development, and it is of an appropriate scale and fit for the size of settlement in which it is proposed; and respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and access arrangements; and lastly that it complies with all relevant LDP2 policies.
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The proposed site is located within a largely residential area within the village centre and as such, the impact of the proposed development on residential amenity is a key determining factor. In addition, the proposed development has been assessed more generally with regard to siting, scale, massing form, and detailed design in relation to the aim of respecting and reflecting the visual character of the built development pattern within the location. The proposal has also been assessed with regard to the satisfactory provision of services infrastructure provision. A fully detailed assessment with reference to the above determining factors, and all other material considerations, including material planning issues raised by third party representations (not addressed above) are set out in the Appendix A to this report. Having regard to all material considerations it is considered that the proposal is acceptable. (Q) Is the proposal consistent with the Development Plan: Yes (R) Reasons why Planning Permission or Planning Permission in Principle Should be Granted: The proposal is considered to be consistent with the relevant provisions of the Development Plan, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to withhold planning permission having regard to s25 of the Act. (S) Reasoned justification for a departure to the provisions of the Development Plan: N/A (T) Need for notification to Scottish Ministers or Historic Environment Scotland: No Author of Report: Emma Jane Date: 30.10.2024 Reviewing Officer: Kirsty Sweeney Date: 05.11.2024 Fergus Murray Head of Development & Economic Growth
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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00462/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 07/03/2024; 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 1 of 8 01 28.03.2024 Site Plan as Existing 2 of 8 03 28.03.2024 Elevations and Floor Plan as Existing 3 of 8 - 08.03.2024 Site Plan as Proposed 4 of 8 03 28.03.2024 Elevations and Floor Plans as Proposed 5 of 8 02 08.03.2024 Drainage plan 6 of 8 02 13.06.2024 Roads plan 7 of 8 02 13.06.2024 Design and Access Statement 8 of 8 - 08.03.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. External Materials - Prior to work starting on site samples of the proposed materials to be used for the external finishes of the development hereby granted consent shall be submitted to and approved in writing by the Planning Authority prior to any work starting on site. Reason: In the interests of visual amenity and in order to integrate the proposal with its surroundings. 3. Sustainable Design – Prior to the commencement of development, details of the on-site micro renewable energy to provide heat or electricity to the property and details of the use of the final materials – including details of any re-cycled materials or local sourced materials and their embodied energy for each materials, shall first be submitted and approved in writing by the Local Planning Authority. Thereafter the approved micro renewables and materials must be used in the development hereby approved. Reason: In order to ensure compliance with LDP2 Policy 09 and to ensure the building is being as energy efficient as possible in order to respond to climate change. 4. Parking and Turning – The parking and turning area shall be laid out and surfaced
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in accordance with the details shown on the approved plans prior to the development being brought into use and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Reason: In the interest of road safety. 5. Visibility Splays – The proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/005 Rev B. Vehicular visibility splays of 2.4 metres to point X by 42 metres to point Y from the centre line of the proposed access (measured from the edge of the public carriageway) and pedestrian visibility splays of 2.4 metres to point X by 2.4 metres to point Y from the centre line of the proposed access (measured from the rear of the footway). The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. 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 interest of road safety. 6. Drainage – Drainage within the site shall be implemented in accordance with the details shown on the approved plans prior to the development being brought into use. Reason: In the interest of road safety and to prevent surface water from being discharged onto the public road. 7. Boundary treatments – The stone boundary wall that borders the site shall be protected and retained during the demolition and construction phase. Reason: In the interest of residential amenity. 8. Demolition and Construction Method Statement - No demolition or construction works shall commence until a Demolition and Construction Method Statement has been submitted to and approved in writing by the Planning Authority. The Method Statement shall address the developer’s intentions in respect of: • Demolition Methodology - Type and sequence of demolition and site establishment; • Intended hours of construction/demolition; • Details of the use of plant and storage of equipment and materials on site during construction and demolition; • Disposal of Waste Materials – details of the intended means of disposing of all materials arising from the demolition including any special arrangements required for the potential removal and disposal of hazardous materials; • Notification of demolition to adjacent property owners and local residents; • Dust, Vibration & Noise Reduction Strategy - steps to be taken to minimise the risk and nuisance to adjoining land, building or road users • Proximity to Buildings, Other Structures, Roads and Accesses – measures to protect structural integrity, to ensure exposed gables remain weather tight and protection of means of access; • Traffic Management – including details of parking and traffic movements to protect safety of pedestrians and vehicular traffic. The development shall be implemented in accordance with the approved Demolition and Construction Method Statement, unless otherwise approved in writing by the Planning Authority.
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Reason: In the interest of public safety and in order to protect the amenity of the locale and the built environment. Note to Applicant: • In devising the Demolition and Construction Method Statement consultation should take place with the Council’s Building Standards Officers, Environmental Health Officers and the Roads Authority to ensure compliance with other statutory requirements. 9. Operational hours - The operational hours of the garage business shall be restricted to Monday to Friday between 08:30 and 17:00, excepting Saturdays, Sundays and Bank Holidays when the use will not be permitted at all. No deliveries should be undertaken between the hours of 17:00 and 08:30hrs Monday to Friday. Reason: In order to avoid sources of nuisance in the interest of amenity. 10. External Lighting - No external lighting shall be installed until full details of any external lighting installation have been submitted to and approved by the Planning Authority in consultation with Environmental Health. Such details shall include the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage out with the site boundary. No external lighting shall be installed in accordance with the duly approved scheme. Reason: To protect the amenity of the immediate area, prevent the creation of nuisance due to light pollution and to support the reduction of energy consumption. 11. Waste storage - Prior to work starting on site the applicant shall submit to the Planning Authority a detailed specification of the containers to be used to store waste materials and recyclable materials produced on the premises as well as specific details of the areas where such containers are to be located. The use of the development shall not commence until the above details are approved in writing by the Planning Authority and the equipment and any structural changes are in place. Reason: To ensure that acceptable waste and recycling facilities are provided. 12. General Restriction of Use – The land and premises to which this permission relates shall only be used for a commercial garage that carries out MOT’s and repairs by appointment only and for no other use including any other purpose in Class 5 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 or other uses in Class 4 or 6 as permitted by the General Permitted Development Order 1992 (as amended). Reason: To define the permission in order to protect the amenity of the immediate area.
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ADDITIONAL NOTES TO APPLICANT • Flood risk: The flood risk advisor has noted that the garage could be elevated by approximately 0.3m to mitigate potential nearby flood risk, however, this is not a formal requirement. • Rats, drains and sewers: prior to the construction phase it is strongly recommended that any existing, but redundant, sewer/drainage connections should be sealed to prevent rat infestation and inhibit the movement of rats within the area via the sewers/drains. • Design and Construction of Buildings – Gulls: It is very strongly recommended that appropriate measures be taken in the design of all buildings and their construction, to inhibit the roosting and nesting of gulls. Such measures are intended to reduce nuisance to, and intimidation of, persons living, working and visiting the development. • CDM regulations: The applicant should be fully aware of the Construction (Design & Management) Regulations 2015 (CDM 2015) and its implications on client duties etc.
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COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 24/00462/PP PLANNING LAND USE AND POLICY ASSESSMENT 1. Settlement Strategy 1.1. The site is located within the settlement area of Cardross as identified in the adopted Argyll and Bute Local Development Plan (LDP2) wherein Policy 01 (Settlement Areas) notes that development will normally be acceptable on a site which is the redevelopment of a brownfield site, and it is compatible with surrounding uses including but not exclusively; providing access, service areas, infrastructure for existing, proposed or potential future development, and it is of an appropriate scale and fit for the size of settlement in which it is proposed; and respects the character and appearance of the surrounding townscape in terms of density, scale, massing, design, external finishes and access arrangements; and lastly that it complies with all relevant LDP2 policies. 1.2. NPF4 Policy 1 (Tackling the climate and nature crises) requires that significant weight be given the global climate and nature crises when considering new development. Policy 2 (Climate mitigation and adaptation) seeks to encourage, promote and facilitate development that minimises emissions and adapts to impacts on climate change. NPF4 Policy 5 (Soils) aims to protect locally, regionally, national and internationally valued soils. 1.3. NPF4 Policy 9 (Brownfield, vacant and derelict land and empty buildings) intends 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. 1.4. NPF4 Policy 26 (Business and Industry) supports proposals for micro-businesses that demonstrate the scale and nature of the proposed business and building will be compatible with surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. LDP2 Policy 22 (Economic Development) requires that a sequential approach is taken in regard to industrial and business development. 2. Location, Nature and Design of Proposed Development 2.1. The application site measures approximately 400sqm. The site is bounded by stone walls and has a vehicular access onto the A814 at the North-East of the site, there is also a residential flatted dwelling which bounds the North-East corner of the site. Furthermore, the surrounding area is primarily residential in nature although it should be noted that immediately adjacent are two retail units on the ground floor of the adjacent building which have an element of comings and goings. The application site is presently used as a scrap yard and has a large single storey mono-pitch building located centrally within the site, this building has a footprint of approximately 80sqm. It is proposed to demolish this structure as part of the application. 2.2. This application seeks a change of use from the scrap yard to a commercial garage. As part of the application it is proposed to erect a building to the rear of the application site. This building will house the proposed commercial garage. The footprint of the proposed garage building is approximately 120sqm and will occupy the width of the application site. The proposed eaves height of the building measures approximately 5m whereas the ridge height measures approximately 6m. The form of the building is a simple gable ended design. The remainder of the site will be taken up the access, turning, parking and a waste & recycling area. 2.3. The proposed building will be clad externally to the roof and walls using metal profiled cladding in anthracite. The profile of the proposed metal profiled cladding has not been specified, however, a planning condition is proposed to ensure that samples of this are submitted to and approved by the authority prior to commencement of works on site. It is further noted that it
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would be the preference of the authority that the applicants seek to use a corrugated profiled cladding and this has been discussed with the applicants. The corrugated cladding is considered to be traditional in regards to the vernacular of garages / outbuildings in historic village locations and would reflect the simple massing and from of the proposed garage building. The 2no. garage doors and pedestrian door to the North elevation will also be finished in the same material. No other external openings are proposed aside from the foregoing. It is also noted that solar panels are proposed to both roof slopes. 2.4. NPF4 Policy 14 (Design, quality and place) requires that development proposals be designed to improve the quality of an area; and, offers support to development that achieve the six qualities of Health; Pleasant; Connected; Distinctive; Sustainable; and, Adaptable. Development that is poorly designed, detrimental to the amenities of surrounding areas or inconsistent with the aforementioned six qualities will not be supported. 2.5. NPF Policy 14 is closely aligned with the provisions of LDP2 Policy 04 (Sustainable Development) which requires that developers to demonstrate certain sustainable development principles and also Policy 05 (Design and Placemaking) which requires developers to comply with certain placemaking criteria including; compatibility with surrounding land uses, make use of existing infrastructure, respect site topography, improve connectivity, incorporate green and blue infrastructure, adopting design that respects and complements its surroundings, siting and design should respond to the natural environment and the design should be sustainable in terms of materials and construction and should consider future adaptability, and climate change mitigation measures. 2.6. LDP2 Policy 08 (Sustainable Siting) requires that development integrates into the landscape or existing built form to minimise detrimental effects on the environment, and the siting of a development should take into account the character of the area in terms of its settlement pattern, layout and density; development should be carefully sited to avoid overshadowing or overlooking of itself or other properties; development should be positioned within the landscape to make the best use of solar gain, natural ventilation and shelter from the elements; development should be sited within easy access of existing infrastructure and services; and any ancillary development such as parking and turning areas, should be sensitively designed and sited. LDP2 Policy 09 (Sustainable Design) requires that development proposals demonstrate consideration of renewable energy and sustainable design & construction methods. LDP2 Policy 10 (Design: All Development) requires demonstration of an appropriate response to the development site and wider context, acknowledgement of the scale / massing of nearby buildings and use materials that are harmonious with the context. 2.7. In relation to sustainability, the application has included the submission of the Sustainability Checklist and the Sustainable Buildings Checklist in response to LDP2 Policy 09 within their design and access statement. The application responds to the sustainability criteria as follows; - The garage would bring a local business into the village and enables residents with the ability to have their cars repaired without having to travel to nearby towns, therefore, reducing the distance travelled and improving carbon footprint of the village; - In terms of siting the Garage will located on the Main Road through the village with easy links to Bus and rail transport; - In terms of renewable energy it is proposed to install solar panels to the east and west facing roof slopes which gives the ability to reduce the dependency on electricity. 2.8. As such, with regard to sustainable principles, it is accepted that the application is sustainably located. Whilst some principles of sustainable design and construction methods are not clearly set out, it is considered that further information can be obtained via condition (in this instance) to demonstrate clearly how sustainable principles are being incorporated into the design. 3. Natural Environment including trees 3.1. NPF4 Policy 3 (Biodiversity) generally seeks to protect biodiversity, reverse biodiversity loss and to deliver positive benefits from development that strengthens nature networks. Policy 3(c)
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requires that proposals for local development will include appropriate biodiversity measures proportionate to the scale and nature of the proposal. Policy 3(d) requires any potential adverse impacts on biodiversity/nature networks/natural environment to be minimised by planning and design. NPF4 Policy 3 is generally aligned with LDP2 Policy 73 (Development Impact on Habitats, Species and Biodiversity), although NPF4 Policy 3(c) goes beyond the LDP2 requirements in relation to current biodiversity interests of the site. 3.2. NPF4 Policy 4 (Natural places) generally confirms that development that will have an unacceptable impact on the natural environment will not be supported. Outside of European, national and local designations, development is expected to meet the relevant statutory tests in terms of protected species legislation; and potential impacts must be fully considered prior to determination of planning applications. NPF4 Policy 4 (insofar as it relates to the location, nature and scale of the current proposal) largely aligns with the provisions of LDP2 Policy 73. 3.3. LDP2 Policy 04 seeks to conserve and enhance the natural and built environment and avoid significant adverse impacts on biodiversity, natural and heritage assets. LDP2 Policy 73 ensures that other legislation relating to biodiversity habitats are fully considered in relation to development proposals; and generally that development does not have an adverse impact on habitat or species, particularly in relation to habitat or species designated as being of European, national or local significance. 3.4. The site is not located within or in proximity to any nature conservation designation. It is also noted that the site is currently a scrap yard and does not contain trees or other bio-diversity habitats, therefore, it is not considered that the proposals would have a negative effect on bio- diversity, habitats or the natural environment. 4. Infrastructure 4.1. In terms of potential flood risk, the application site, is not overlain by any recorded areas at risk to coastal, fluvial or surface water flooding with reference to the SEPA Flood Map. SEPA where consulted on the proposals and raised no objections, they did however note that the site is near to an area on the main road to the east of the site that is shown to be within the surface water flood extent shown in the SEPA Flood Maps. SEPA then noted that aspects of surface water flooding would be a matter for the local authorities flood risk advisor. The flood risk advisor was re-consulted on the basis of SEPA’s response and noted that they had no further comments to make and their response was that of no objection to the proposals. 4.2. It is also noted that within the revised site plans the applicants have detailed the location of the proposed surface water soakaway and drainage channel to mitigate and water run off onto the public carriageway. Furthermore, the flood risk advisor has commented in regards to the proposed drainage and has noted; ‘Site drainage has been acknowledged. This is acceptable.’ 4.3. In regards to the above, it is considered that the proposal makes adequate provision for services infrastructure in accordance with the provisions of NPF4 Policies 18 (Infrastructure first), 20 (Blue and green infrastructure) & 22 (Flood risk and water management) and LDP2 Polices 06 (Green and Blue Infrastructure), 33 (Public Transport Infrastructure) & 61 (Sustainable Drainage Systems). 5. Road Network, Parking and Associated Transport Matters 5.1. Vehicular access to the site is directly from the A814, no changes have been proposed to the existing vehicular access. The area roads manager was originally consulted on the proposals and initially deferred their decision until details of the required visibility splays (pedestrian & vehicular) and the drainage requirements where detailed on the application drawings. The applicants then submitted additional information and the roads area manager was re-consulted, however, again they deferred their decision as the re-submitted drawings did not show the visibility splay and drainage requirements in full. The applicants then updated these drawings again and re-submitted. The roads area manager was then re-consulted again and on review of
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the latest set of proposed site plans confirmed that they had no objections to the proposals as the requires visibility splays and drainage requirements have been adequately demonstrated. 5.2. NPF4 Policy 13 (Sustainable transport) generally aims to encourage, promote and facilitate developments that prioritise alternative means of transport to car journeys and reduce the need to travel unsustainably. The requirement to submit a Transport Assessment is introduced for some developments however this relates to larger scale developments than the current proposal, this policy is largely aligned with LDP2 Policy 33 (Public Transport Infrastructure). 5.3. The elements of NPF 4 Policy 13 that are relative to the scale and nature of this development are largely aligned with the provisions of LDP2 polices 37 (Development Utilising an Existing Private Access or Existing Private Road) & 39 (Construction Standards for Private Access), which relate to (Development Utilising an existing private access and construction standards for private access. 5.4. The submitted site layout drawing shows 3 no. car parking spaces and adequate turning space and details the required pedestrian visibility splays of 2.4 m x 2.4 x 0.9m measured from the edge of the carriageway and the required vehicular visibility splays of 42 m x 2.4 x 0.9m measured from the edge of the carriageway. This drawing also shows the proposed drainage arrangements to ensure that no water shall discharge from the site onto the carriageway by way of a drainage channel at the site boundary across the vehicular access. 5.5. On the above basis it is considered that the proposal is in accordance with the provisions of NPF4 Policy 13 and LDP2 Policies 37 & 39. 6. Residential amenity 6.1 LDP2 Policy 14 (Bad Neighbour Development) notes that the Council will resist any proposal that would have an unacceptable adverse impact upon the amenity of neighbouring land uses resulting from, but not limited to the following: noise or vibration; odour or fumes; emissions including dust, smoke, soot, ash, dirt or grit or any other environmental pollution to water, air, or soil; light pollution or flicker. This policy also notes; ‘In certain circumstances it may be possible to mitigate adverse impact upon neighbouring amenity by restrictions placed upon the proposed development via planning conditions or legal agreements.’ 6.2 As described above, the site is mainly within a residential area but it is located within the village centre on a Main Road which has high levels of traffic. The building immediately adjacent to the site has two retail units to the ground floor but there is a residential property on the upper floor and to the east is Cedarwood Court, a flatted development. There is already a level of noise disturbance at the properties along the Main Street due to traffic noise and the comings and goings at the nearby shops and public car park. There are also properties to the south on Church Avenue which back along the site and the nearest property is 14m from the proposed site. 6.3 It is noted that the Council’s Environmental Health team were consulted on the proposals and have recommended several safeguarding conditions that should be added to any approval. The environmental health officer has noted; ‘The site is close to the main road and surrounded by residential properties including the nearby Cedarwood Court. In the planning supporting statement the proposed working hours of the garage are stated as 08:30-17:00 Monday to Friday and would involve a mixture of MOT’s and repairs by appointment only. The applicant has stated that noisy activities such as removing /repairing body panels, panel beating, paint spraying, welding/cutting will not be carried out, and equipment likely to generate loud noise including pneumatic tools, grinders, sanders, air saws and chisels, welding/flame cutting, compressors will not be used as part of the business.’ The proposed safeguarding conditions relate to; the submission of a noise/vibration management plan including mitigation during the demolition/construction phase, restricted working hours during the demolition/construction phase, the submission of a dust management plan including mitigation during the demolition/construction phase, ensuing that adequate noise insulation is included within the proposed garage design, the restriction of operating hours of the garage business, restriction on
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noise out with the operating hours of the garage business, external lighting requirements and waste storage requirements. 6.4 In terms of potential overlooking or overshadowing in regards to nearby residential properties, it is not considered that the proposals would create any negative impacts in terms of overlooking as no windows are proposed, two garaged doors and a pedestrian door are proposed to the North elevation – these do not contain any glazing and furthermore the existing structure which is to be demolished has openings to this elevation also therefore there is no increase to any level of overlook. It is also considered that the proposals will not create any impacts in terms of overshadowing due to the height of the eaves being 5m and the ridge height being 6m, these heights when considering the sunlight/daylight calculations do not create any unacceptable impacts in terms of overshadowing. 6.5 In terms of the above, it is further noted that there have been several objections received that relate to the possible negative impacts resulting from the proposals in terms of privacy / overlooking / overshadowing and nuisance by way of noise/air pollution etc. It is considered that the proposals will not create issues in terms of privacy / overlooking or overshadowing for the reasons as detailed above. Furthermore, it is considered that the potential issues in terms of nuisance can be adequacy mitigated by the use of the safeguarding conditions as recommended by the environmental health officer. 6.6 It is also noted that the application site is presently used as a scrapyard, it is considered that the proposals will visually uplift the current site appearance and the use is not considered to be any more disturbing than the existing use as a Scrapyard in the context of current background levels of noise from the Main street traffic. The proposed garage is small scale in massing and does reflect the residential setting that surrounds it. The proposed safeguarding conditions will also protect the amenity of the surrounding residential properties in a way that they are not protected at present. 7. Conclusion 7.1. On the basis of the above it is confirmed that having regard to all material considerations it is considered that the proposal is acceptable.