Mr Callum Mckirdy: Erection of Dry Storage Shed Within Existing Yard, Formation of New Access Route from Watson Place, Erection of Perimeter Fencing and Change of Use of Land to Extend Existing Yard (Part Retrospective): 22A Wyndham Road, Rothesay, Isle of Bute (Ref: 24/00465/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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Classification: OFFICIAL 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: 24/00465/PP Planning Hierarchy: Local Applicant: Mr Callum McKirdy Proposal: Erection of dry storage shed within existing yard, formation of new access route from Watson Place, erection of perimeter fencing and change of use of land to extend existing yard (part retrospective) Site Address: 22A Wyndham Road, Rothesay, Isle of Bute, Argyll and Bute 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 • Change of Use of Land to form extension to existing yard (Class 4) • Creation of access onto Watson Place • Erection of boundary fencing to extended yard • Siting of storage shed within existing yard (ii) Other specified operations • None (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:
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Classification: OFFICIAL Environmental Health Date Consulted: 29.07.2024 Response Received: 02.09.2024 No objections subject to conditions related to operating hours and lighting SEPA Date Consulted: 29.07.2024 Response Received: 04.07.2024 Standard consultation response, referring Officer to SEPA Development Management Standing Advice Roads Authority Date Consulted: 02.07.2024 Response Received: 01.11.2024 No objections subject to conditions. Proposed Conditions: • Vehicle crossing of footway off Watson Place and exit onto Wyndham Road to be constructed as per SD_08_004 rev B. First 5m of access road to be a sealed surface and entry and exit to Watson place and Wyndham Road. • Provision of sightlines on exit to Wyndham Road for 30mph speed limit; 2.4m x 42m x 1.05m envelope (2.4m setback distance to be taken from the carriageway edge). • Surface water must not flow onto the public road corridor. • Parking provision as per submitted documents • Commercial waste collection point to be serviced from Watson Place. (D) HISTORY: 17/02491/PNDEM Demolition of flatted properties, 1-32 Watson Place [Approved 08.03.2018] (E) PUBLICITY: Site Notice (Conservation Area) Date posted: 31.07.2024 - Date Expired 21.08.2024 Isle of Bute News Date Published: 12.07.2024 - Date Expired 02.08.2024 (F) REPRESENTATIONS: (i) 25 representations have been received in response to this application. 17 letters of objection, 7 letters of support, and 1 neutral comment have been made. Neutral (1) 1. Clive Cosway, 11A Marine Road, Rothesay, PA20 0LF – 22.07.2024
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Classification: OFFICIAL Support (7) 1. Yvonne Burns, 8 Wyndham Road, Rothesay - 26.07.2024 2. Jennifer Dougal, 70 Ardbeg Road, Rothesay - 02.08.2024 3. Jay Gillies, No Address Supplied- 02.08.2024 4. Yasmin Haig, No Address Given- 31.07.2024 5. Jamie McGuigan, No Address Given- 13.08.2024 6. Dylan McLachlan, Tamara, Ballochgoy Road, Rothesay PA20 0JE – 07.08.2024 7. Margaret Webster, 36 Craigmore Road, Rothesay, PA20 9ES – 20.08.2024 Objection (17) 1. Cameron Buchanan, Flat G2, 74 Ardbeg Road, Rothesay, PA20 0NN – 26.07.2024 2. Joan Cameron, 26 Wyndham Road, Rothesay, PA20 0NR – 15.07.2024* 3. Steven Cameron, 26 Wyndham Road, Rothesay, PA20 0NR – 15.07.2024* 4. Ian Colville, 7 Wyndham Road, Ardbeg, Rothesay – 26.07.2024** 5. Margaret Colville, 7 Wyndham Road, Ardbeg, Rothesay – 26.07.2024** 6. Jane Common, Flat 2/2 74 Ardbeg Road, Rothesay, PA20 0NN – 26.07.2024 7. Grace Cook, Flat 2, 2 Wyndham Park, Rothesay, PA20 0NT – 31.07.2024 8. William McKechnie, 3a Wyndham Park, Rothesay, PA20 0NT – 29.07.2024 9. Jean Moffat, Craigmore Pier, Mount Stuart Road, Rothesay – 31.07.2024 10. Magali Moreau, Flat 1/2 74 Ardbeg Road, Rothesay, PA20 0NN – 30.07.2024 11. Hazel Murdoch, 5 Wyndham Road, Rothesay, PA20 0NR – 02.08.2024 12. Theresa Nelson, 19 Wyndham Road, Rothesay, PA20 0NR – 29.07.2024 13. William Nelson, 19 Wyndham Road, Rothesay, PA20 0NR – 29.07.2024 14. Kathleen Rodger, 7aF Ardbeg Road, Rothesay, PA20 0NN – 22.07.2024 15. Paul Shepherd, Flat 2, 10 Marine Place, Rothesay, PA20 0LF – 11.07.2024 16. Colin Spear, 9 Marine Place, Rothesay, PA20 0LF 17. Steven Wallace, 181 Eaglesham Road, Clarkston, Glasgow, G76 8RH / Flat 2/1 Earl Place, Ardbeg Road, Rothesay – 29.07.2024 */** Combined objection 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 issues raised: Neutral (1) • I have absolutely no objection to this application. Officer Comment: No objection from adjoining neighbour noted Support (6) Residential Amenity - Noise • My property borders the yard and never once in five years have I had any problems with noise.
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Classification: OFFICIAL Officer Comment: The potential for increased noise disturbance as a result of this development is considered in the below assessment. Local Amenity • Watson Place being used as an access would hopefully reduce the street being used for abandoned vehicles, boats, and storage containers. • I support this application as the proposed fence will increase safety and tidy up Watson Place. • The proposed fence will improve safety and prevent unauthorised access to the yard. Officer Comment: The Planning Authority have received a number of complaints regarding the condition of the vacant ACHA land, with caravans, vehicles, containers, boats etc being left on the site or within Watson Place. The active use of this vacant land, with the erection of boundary fencing, will help to prevent the abandonment of materials/vehicles on this land. Siting & Design • The elevation plans state the height of the shed will be 4.13m which is in keeping with the joiner shed already on site. • The shed would be constructed of modern materials and not be unsightly and would allow the Applicant to store items currently on display within the yard internally, enhancing the appearance for on looking residents. • The proposed shed would not obstruct the views of neighbouring residents. Officer Comment: The siting and design of the proposed storage shed is assessed below. Road Safety • The one way system would improve safety. • The proposed access route from Watson Place will help manage the traffic flow more effectively, reducing congestion on Wyndham Road. • The proposed access road has already improved vehicular traffic on Wyndham Road. • (Prior to its demolition) Watson Place had 32 flats with vehicle use, bin lorries, delivery vans, etc. Officer comment: Road safety concerns are addressed in the assessment below Local Economy • I support the application to encourage a local business to expand and continue to provide a required service to the community. • The thriving business supports five families. • The expansion of the Business will likely lead to an increase in local employment opportunities, positively contributing to the local economy. • The scaffolding business has seen a significant increase in demand and it is understandable that they require more space for storage to support the growing business. • The business employs locally and shares its profits by sponsoring the Island’s annual Highland Games, Bute Fest, Ardbeg Bowling Club, as well as building and maintaining the local kids’ football pitch on Wyndham Road.
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Classification: OFFICIAL • I am in support of this application as this business is much needed on Bute and should be encouraged. Officer Comment: The potential local economic outcomes of this application are considered in the assessment below. Planning History • ACHA have leased the land to the Applicant and so it is clear there is no other proposed plans for this area by the land owner. Officer Comment: The site is comprised of vacant land currently that previously held a residential housing block. There are no other planning applications relevant for this site. • There has been a workshop on site since 1984 for various trades, and before then the site was used as a boat builders. Officer Comment: The planning history of the site is included in the assessment below. Other • Mr McKirdy is a hardworking upstanding member of the community that is well respected. • Mr McKirdy has obtained a Heavy Goods Vehicle License which is testament to his safe and professional standard of driving. Officer Comment: This is noted. The application applies to the change of use of land and is applicable to the site, rather than to the Applicant. Objection (18) Retrospective Application • This retrospective application shows a rather cavalier attitude to planning rules. • I object to this development, all the more so because it was unauthorised in the first place. • These commercial premises have expanded without apparent control. Officer Comment: This part-retrospective application is made following planning enforcement action to address the breach in planning control. Residential Amenity - Noise • We experience high levels of noise from lorries within the yard, especially when reversing and other mechanical noise. • The Council has contacted us regarding noise levels at the site prior to Covid, but this was not addressed. • We object that this area is used as a work yard and feel it is unfair to the residents. The extension of the yard will create an even bigger eyesore. • The area is residential and the business operations causes unnecessary noise for all neighbours. • I have a video of the owner working nosily loading a truck with a digger at 8:30pm. • Residents occasionally work from home and will be disturbed by commercial traffic • The existing site generates significant noise extending beyond working hours. This is already unacceptable in what is a quiet residential area.
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Classification: OFFICIAL • The proposed development will generate more noise. The tubular nature of the materials (scaffolding) amplifies sounds by default. Officer Comment: The potential harm to residential amenity is considered below, with an assessment from the Area Environmental Health Officer. The proposed extension of the yard is to improve storage capacity and will not involve significantly increased vehicular movements or activity within the yard. To note, the existing use of the yard is well-established and this assessment considers the change of use of adjoining land to expand the yard, rather than the use of the existing yard. Residential Amenity • The yard is used weekdays and sometimes weekends and now feels like an industrial yard rather than a residential area • The previous owners of the site used it from Monday-Friday with no lorries as I believe this was not allowed. • Mitigations to LDP2 Policy 14 (Bad Neighbour Development) were put in place when the original shed was built. The Applicant has not adhered to these conditions. • These are two occasions where the Council should have enforced the conditions associated with the property in question. • The Planning Committee will be able to access the previous permission granted to the previous owner to ascertain whether the current owner is complying with any conditions. Officer Comment: There is no relevant planning history to indicate a restriction on vehicle movements entering or existing the existing yard. There are no existing planning conditions or restrictions associated with this site. • We are now in the situation where neighbours are asked to comment and argue as to why the application should be denied, which could inevitably create ill will in the neighbourhood. Neighbours should not be put in this position when the conditions that were originally set recognized the residential neighbourhood, not an industrial estate. Officer Comment: As above, prior to the determination of this application, there are no planning conditions applied to this site. As per The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, the public are notified of the application to allow for representations to be made in response to the application. These representations are taken into consideration in the determination of the application and are an important part of the planning application process. • The joy of sitting in our gardens on a summer afternoon would be severely diminished- ditto the views from our back windows out to sea. • I operate an AirBnB from my flat which is 5-star rated and attracts tourists to the island. I can’t imagine the guests would be quite so charmed by the sight of a big shed out the back. Officer Comment: There is no right to a private view within Planning Legislation. Nonetheless, until 2018 the land was comprised of a four-storey housing block. Any view of the sea from neighbouring properties gained since the demolition will
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Classification: OFFICIAL not be affected by this development. The use of the existing yard including sheds and outbuilding is well established. The proposed new storage shed is confined to the existing yard. It is therefore unlikely to cause injury to the private commercial letting of a neighbouring residential flat. • The current operators of the yard have been using the existing common ground for overspill which has been an eyesore and detracts from local amenity. • The yard is not kept today and in order and is an eyesore with boats, vans, caravans etc stored there. • I overlook the yard and it is unsightly and has the potential to become a dumping ground for abandoned equipment. Officer Comment: The proposed storage shed will allow the Applicant to store more items out of the open within the existing yard. Watson Place has experienced recent issues with third parties leaving boats, caravans and other items for long periods. This is outwith the Applicant’s control, and the proposed boundary fencing will help to secure the extended yard. The potential impact of residential amenity is considered in the assessment below. Character & Appearance • The development significantly impacts the character of the neighbourhood and is detrimental to the overall appearance of the area. • The proposed commercial/industrial site is directly adjacent to a designated conservation area. • From the Conservation Area (marine Road) the huge shed would mar this particular view. • Building a massive shed on this site would in no way enhance the special qualities and character of this local landscape area which is residential and mostly older stone buildings. • The design would not develop the area’s sense of identity Officer Comment: The proximity of the site to the Conservation Area and the siting and design of the proposed development is considered in the assessment below. • The area concerned is a rural area and the property was initially intended for a one man self-employed workplace. Officer Comment: The site is within the Settlement Area of Port Bannatyne and is not a rural area, as defined in the Local Development Plan. The use of the land at the existing yard for light industry (Class 4) is well-established. Design & Siting • The proposed shed would be a significantly sized structure that would dominate the rear gardens of all adjoining properties. • The use of corrugated metal roof/wall sheets is an alien material, and out of keeping with the existing residential environment where traditional materials are employed. • The development is highly visible and the extension of the yard will change the appearance of the area and is not in keeping with the existing residential environment.
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Classification: OFFICIAL Officer Comment: The proposed storage shed is to be sited within the existing yard and will provide storage for items currently stored in the open. The yard already has an existing large shed and external structures to store scaffolding. An assessment of the design and siting of the development is included below. • The proposed boundary fence will not shield the encircling residential properties from the view into the site. Officer Comment: The boundary fence is necessary to ensure the site is secured. As the site is overlooked by dwellings of 3+ storeys at Watson Place and Wyndham Road it would not be possible, nor desirable to entirely shield the site from view. Landscape • No landscape and visual impact assessment has been done. • The proposed site is within a designated local landscape area and in no way enhances the amenity of that area. • Contrary to LDP2 Policy 71 (Development impact on Local Landscape Area) there are no benefits of community wide importance associated with this application. Officer Comment: Given the scale and nature of the proposal a visual impact assessment is not required. The whole Isle of Bute is designated as a Local Landscape Area. This designation does not preclude development. The potential impact to local landscape character is included in the assessment below. • The proposed site is within sight of a designated Open Space Protection Area. Officer Comment: Ardbeg Bowling Green is a designated Open Space Protection Area (OSPA) within the LDP2. The Bowling Green is in excess of 120m from the site boundary (site edged red) and is not visible from the development site. Nonetheless, the OSPA designation does not prevent development on other sites, irrespective of whether the site is viewable from the OSPA. This development has no bearing on the designated OSPA. Trees & Vegetation • Bute Access Services (BAS) [Applicant] removed a section of hedge to form the access. • The three trees identified on the plan appear to be suffering die back Officer Comment: The removal of the hedge does not require planning permission and is not included in this application. The health of the three trees on site are not relevant to this application. Road Safety • The entrance to the children’s playground is in the vicinity of the proposed access road. • Kids run around freely between the playgrounds and the football pitch and more traffic through the proposed gate might cause accidents. • Having lorries and trucks swinging into Watson Place presents a road safety risk. • This is a peaceful low noise and low traffic volume locality. The proposed development is not suitable for a heavy lorry access.
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Classification: OFFICIAL • The area concerned suffers from a lack of residential parking and would be highly unsuitable for a HGV to access at all times of day and night. • There would be a significant increase in the volume of traffic which would impact upon maintaining a safe environment. • The new access route incorporates a tight corner at Wyndham Road/Watson Place junction, with vehicles sometimes mounting the pavement. • The owner already has an access on Wyndham Road and so he doesn’t need another. Officer Comment: No increase in vehicle movements are proposed. The new access from Watson Place is proposed to implement a one-way system through the existing yard to improve vehicular movements through the site. An assessment of road safety concerns are considered below, including comments from the Area Roads Officer. • Families visiting the play park have to park on the pavement due to the narrowness of the road and the width of the trucks. Parking on the pavement is banned by Argyll and Bute Council. Officer Comment: There is sufficient width on Watson Place to allow the Applicant’s vehicles to pass vehicles that are parked appropriately. Concerns regarding inappropriate parking should be reported to the Roads Authority via the Council’s website. Loss of Land for Housing • This is a significant change of residential land to commercial. The land at Watson Place would be more suitable for sheltered housing due to its prime location. • ACHA which own the land should be building much needed housing on this land. • The land was to be reseeded and maintained by ACHA for future development. It would be an ideal site for housing. • Should this application be granted, it may render the remaining portion of Watson Place less desirable for residential development. Officer Comment: The vacant land at Watson Place is owned by Housing Association ACHA. The previous ACHA housing block was mothballed in 2018 and permission was granted for its demolition. There are no alternative planning applications for the site, or the remaining vacant land to take into consideration. • There are areas in Rothesay which are designated for commercial purposes readily available. Officer Comment: The existing yard has an established Class 4 (Light Industrial) use. This application seeks to extend an existing yard for the purpose of storage and access. The Applicant has submitted a further statement explaining the difficulties faced in locating appropriate sites on the Island. Local Amenity- Green Open Space • This expansion of an industrial site into a green and residential area is disgraceful. • When Watson Place [flats] came down the land was designated a green space that could attract insects and butterflies. • Already our green space is being encroached upon by an access route to the yard.
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Classification: OFFICIAL • There are not enough green spaces in the town and this space should be for community use not business. • The Council prides itself on its commitment to the environment so let’s encourage pollinators not polluters and refuse this application. Officer Comment: The land at Watson Place became vacant land following the demolition of the housing block. The land is a vacant brownfield site, privately owned by the Housing Association. This land is not a designated open space with regard for the Local Development Plan. An assessment of biodiversity impact is included in the assessment below. • The local children play football there, which is great for the community. To see this space taken away to house a big shed would be a great shame. Officer Comment: The proposed storage shed is to be sited within the existing yard. The vacant land on which an informal football pitch has been erected is outwith the site boundary of this application. These submitted plans are a matter of public record and can be viewed on the Council’s website. Access • The access on Wyndham Lane is no longer leafy and discreet. • The lane has been widened allowing large vehicles to access the site Officer Comment: No access alterations to Wyndham Road are included in this application. • The Applicant laid an access road without planning permission. I would challenge is this had been laid to any recognised standard. Officer Comment: This part-retrospective application is made following planning enforcement action to address the unauthorised development. A Roads condition is attached to ensure the first 5m of the access track is surfaced in accordance with road safety standards. Parking • The application would increase the parking to 8 spaces- but it does not say what kind of vehicles. Officer Comment: An amended plan to show vehicular parking spaces has been submitted by the Applicant and is considered in the assessment below. To note, as the site falls below 2500sqm for Class 4 use there is no minimum parking standard required. • The Site Area on the application form is incorrect Officer Comment: The sqm of the proposed storage shed is included in the Application Form where the sqm of the entire site should be. This is a minor administrative error by the Applicant and as the submitted plans clearly show the site edged red, this error has no bearing upon the application. Site Safety
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Classification: OFFICIAL • The entrance from Wyndham Road which has gates does not seem to be secured at any time, which is a safety risk. Officer Comment: A double-gate is installed at the entrance to the yard from Wyndham Road. The Applicant may wish to secure the site when not in use, however there are no clear safety concerns that would mandate the gates to be closed or locked. Site Notice • At the time of writing a site notice had not been posted in the local area. Officer Comment: Due to the proximity of the site to the Rothesay Conservation Area, a Site Notice is required to be displayed locally for 21 days. Copies of the Notice were displayed locally from 31st July 2024, expiring on 21st August 2024. The planning application was also advertised in the Isle of Bute News from 12th July 2024- 2nd August 2024 in accordance with the regulations. Other • We would like confirmation [the Applicant] has an Operator’s Licence for the use of a lorry on the premises. Officer Comment: Operating Licenses are issued by the Traffic Commissioner. Licences (and applications) are a matter of public record and can be found online. • As convenor of Bute Community Council (BCC) I support the letter of objection form Mr William McKechnie. As there is no BCC meeting in August I cannot say that the community object. Officer Comment: Personal objection noted • This development will impact house prices in the area. • If this development was in the area when I purchased my property I would not have purchased my property. • We feel the extension of the yard and the erection of a further shed will affect the value of our property even more than what it already does. Officer Comment: Property values are not a material planning consideration. • I request that a site visit is completed by the Planning Committee Officer Comment: Site visits are taken at the discretion of the Planning Committee. The request will be included in the committee report. (G) SUPPORTING INFORMATION Has the application been the subject of: (i) Environmental Impact Assessment Report: ☐Yes ☒No
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Classification: OFFICIAL (ii) An Appropriate Assessment under the Conservation (Natural Habitats) Regulations 1994: ☐Yes ☒No (iii) A Design or Design/Access statement: ☐Yes ☒No (iv) A Sustainability Checklist • The proposed storage shed will help support business growth and diversification. • The expanded storage capabilities at the site will enable the business to continue to provide much needed services to domestic and commercial properties across the Island. • Expansion of storage capabilities at the site will allow for better inventory management and reduce transportation needs. • The growth and diversification of the business further supports high-quality job creation on the Island. • The proposed one way system will reduce congestion on Wyndham Road • The proposed boundary fencing will provide security and delineation of the yard from public spaces. • Existing vegetation has been retained as much as the site allows. • The proposed shed and fencing does not have the height to adversely affect surrounding properties. • The existing site has long operated as an industrial site within the wider residential area. • Where possible, locally sourced materials have been used such as hardcore for the local quarry and timber form the local sawmill. • The proposed shed is a kit shed, with no waste. • Rainwater butts to harvest rainwater will be installed on site. • The existing workshed has toilet facilities and is connected to the mains sewer. • The access track is mainly type 1 hardcore with a whindust topping to allows for surface water drainage. ☒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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Classification: OFFICIAL (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 3 – Biodiversity 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 22 – Flood Risk and Water Management Productive Places NPF4 Policy 26 – Business and Industry 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 Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment Policy 17 – Conservation Areas Diverse and Sustainable Economy Policy 22 – Economic Development Connected Places Policy 36 – New Private Accesses Policy 39 – Construction Standards for Private Accesses Policy 40 – Vehicle Parking Provision
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Classification: OFFICIAL Sustainable Communities Policy 55 – Flooding Homes for People Policy 65 – Proposals for Other Uses on Allocated Housing Sites High Quality Environment Policy 71 – Development Impact on Local Landscape Areas (LLA’s) (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 • Planning History • Rothesay Conservation Area Appraisal: RothesayTownCentreCAA-Part1- FINALDRAFT.pdf (argyll-bute.gov.uk) (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 In deciding whether to hold a discretionary hearing, Members should consider the following: • How up to date the Development Plan is; the relevance of the policies to the proposed development; and whether the comments are on Development Plan policy grounds that have recently been considered through the Development Plan process • The degree of local interest and controversy on material considerations, together with the relative size of community affected, set against the relative number of representations and their provenance 18 objections, six representations of support, and one neutral representation have been received in response to this application. The determining factors in the assessment of the application are whether the proposed development is consistent with the provisions of the adopted National Planning Framework 4 and Local Development Plan 2, and whether the issues
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Classification: OFFICIAL introduced by third parties raise material considerations of sufficient significance to withhold Planning Permission. The main points raised are concerned with road safety, residential amenity, and design and siting. These points are addressed in the body of the report. It is not considered that the objections raise any complex or technical issues that have not been addressed in the current Report of Handling and it is not considered that a discretionary local hearing would add value to the planning process. (O)(i) Key Constraints/Designations Affected by the Development: • Bute and South Cowal Local Landscape Area • Within the setting of the Rothesay 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: metres / 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? ☐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 ABC LDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP2 Allocations/PDAs/AFAs etc: n/a
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Classification: OFFICIAL (P) Summary assessment and summary of determining issues and material considerations This application is made in part retrospect following planning enforcement action (Case Reference: 24/00034/ENOTH2). The proposed access from Watson Place is already in operation. The Site The site is located within the Settlement Area of Ardbeg, Isle of Bute and comprises an existing work yard and adjoining vacant land. The adjoining vacant land is owned by Argyll Community Housing Association (ACHA) and is leased to the Applicant for the purpose of expanding the existing yard. The land was previously used for a flatted housing block which was demolished in 2018. The brownfield land has remained vacant ever since. Although previously used for housing, the site is not an allocated housing site within the LDP2. This proposal concerns approximately half of the vacant land site, with the remaining land retained by ACHA. There is no planning history for the existing yard and workshop at 22A Wyndham Road and it is understood the site has been used as a builders’ yard since the 1980s. The existing use of the site is considered to be a mix of Class 4 (Business – including light industrial use) and Class 6 (Storage and Distribution). The Proposal This application seeks permission to change the use of adjoining land from vacant land to Class 6 (Storage and Distribution) for the purpose of expanding business operations from the existing yard. The change of use of land would facilitate the creation of an access into the yard from Watson Place, allowing for a one-way system to be adopted through the existing yard. The application proposes the erection of timber boundary fencing to the currently vacant land to secure the site, and the erection of a storage shed within the grounds of the existing yard. The existing site is used by the Applicant for Bute Access Services, a local business providing scaffolding erections and hire on the Island. The business is 8 years old and employs 6 staff. The proposed storage shed and expansion of the yard will enable the company to take on larger contracts and projects, in turn helping the business to grow. The proposed expansion of the yard on to vacant brownfield land includes no building works or significant hardstanding, and will be used primarily for open air storage and access. The design elements of the application concern the proposed storage shed and boundary fencing. Neither presents concerns for overlooking or overshadowing and are generally consistent with the aims of the relevant design policies of the LDP. A lighting scheme will be secured by planning condition to ensure residential amenity in terms of light pollution. The development site partly borders the Rosneath Conservation Area. Given the low level of visual intrusion, the setting of the C-Listed dwellinghouses Nos. 7- 8
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Classification: OFFICIAL Marine Place and the Conservation Area designation are unaffected by this development. Despite the surrounding residential uses, the existing yard is well established and whilst the vacant land is not designated for business and industry use, the proposal makes efficient use of adjoining vacant brownfield land in accordance with the Local Development Plan. Residential Amenity A number of objections have been raised in regards to noise and disturbance from business operations at the site. The proposed change of use allows the business to store more materials and equipment on site, enabling them to take on more projects. However, it is noted that some noise disturbance is likely during loading and unloading. Currently, materials are loaded/unloaded up to 3 times through the working day. Nonetheless it is proposed that operations are confined to day time working hours to ensure noise disturbance is minimised. The Area Environmental Health Officer has raise no objection to the proposal, subject to conditions curtailing operating hours and exterior lighting to ensure the preservation of residential amenity. Road Safety A number of objections have been made in respect to perceived road safety concerns given the proximity of the children’s play park accessed from Watson Place. A formal written consultation from the Roads Authority has not been provided in response to this application. However the Area Roads Officer was consulted prior to the application being validated. No objections are raised subject to the application of planning conditions related to visibility splays and standard access construction. It is considered there is sufficient space on the road to ensure the necessary visibility for all road users (including pedestrians) and for the safe manoeuvring (turning) into the site from Watson Road. Several representations have also been made regarding issues with congestion on Wyndham Road exacerbated by vehicles associated with the business. However, the proposed change of use of land is not considered to materially increase the volume of traffic to and from the site. Rather the proposed one way system would help to better regulate the vehicles entering and existing the site and reduces the number of comings and goings from the existing Wyndham Road access. Flooding The proposal presents no significant hard standing or building works which may increase the risk of surface water flooding on site or to adjoining land, and there is no conflict with the relevant water management policies. Conclusion This application seek permission for the change of use of land from vacant brownfield to Class 6 (Storage and Distribution). Retrospective permission is sought for the creation of a vehicle access into the existing yard from Watson Place, and for the erection of a further storage shed and boundary fencing. A number of objections have been made in terms of harm to residential amenity, loss of open green space, and road safety concerns. The existing Class 4 (Business) and Class 6 (Storage and Distribution) of the site is well established and is not contested in the determination of this application.
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Classification: OFFICIAL The proposed change of use of land seeks access and open air storage space and is unlikely to intensify the potential for noise disturbance at this site. However, following consultation with Environmental Health, a condition is applied to this permission to limit operating hours at the site to within reasonable working hours in the interests of residential amenity. The business provides essential services to the Island and employs locally and makes a significant contribution to the local economy. The expansion of the yard to facilitate additional storage and improvement to access arrangements will enable the Applicant to take on larger projects, in turn helping to strengthen the business. The development proposal is therefore considered to be in accordance with the relevant economic and business polices of the Local Development Plan. The proposal is in accordance with the Local Development Plan and for the reasons outlined in the Officer’s report it is recommended that planning permission is granted. A copy of the full report can be found in Appendix A. (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 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: ☐Yes ☒No Author of Report: Emma Spence Date: 29.10.2024 Reviewing Officer: Kirsty Sweeney Date: 01.11.2024 Fergus Murray Head of Development & Economic Growth
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Classification: OFFICIAL CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00465/PP Standard Time Limit Condition (as defined by Regulation) 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 08.03.2024, 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 1929 - 3001 01 24.06.2024 Supplementary Location Plan 1929- 3000 01 24.06.2024 Existing Site Plan 1929-3002 01 24.06.2024 Proposed Site Plan 1929-3003 01 24.06.2024 One -Way System (annotated Site Plan) 1929-3003 (02) Annotated by Applicant to show one-way system 26.09.2024 Parking Bays (annotated site Plan) 1929-3003 (03) Annotated by Applicant to show parking bays 26.09.2024 Shed Elevations 1929-3003 02 02.07.2024 Shed Floor Plan 1929-3111 01 24.06.2024 Topographical Plan 0043 01 11.03.2024 Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details. 2. 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 outwith the site boundary. No external lighting shall be installed in accordance with the duly approved scheme. Reason: In order to avoid light pollution in the interest of amenity. 3. Notwithstanding the provisions of Condition 1, no loading or unloading of vehicles shall be undertaken on the site outwith the hours of 08:00- 18:00 Monday – Friday and 08:00- 13:00 Saturday. There shall be no working permitted on Sundays or Bank Holidays. Reason: In order to minimise noise disturbance to protect the amenity of the area. 4. Notwithstanding the provisions of Condition 1, the access from Watson Place shall only be used to enter the site and shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08 005 [Revision B]; The first 5m of access road
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Classification: OFFICIAL shall be a sealed surface in accordance with the stated Standard Detail Drawing. It shall be formed prior to the operation of the site. Reason: In the interests of road safety 5. Notwithstanding the provisions of Condition 1, the access on to Wyndham Road shall only be used to exit the site and shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08 005 [Revision B]; with visibility splays of 2.4m x 42m (2.4m setback distance to be taken from the carriageway edge). The visibility splays shall be cleared of all obstructions above 1.05 metres. It shall be formed prior to the operation of the site. Reason: In the interests of road safety ADDITIONAL NOTES TO APPLICANT • All external lighting should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B. Site specific advice may be obtained by contacting the Council’s Environmental Health Officers. • A Road Opening Permit under s.56 of the Roads (Scotland) Act 1984 is required to form an access with the public road. Please consult the Roads Authority. • The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.
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Classification: OFFICIAL COMMITTEE REPORT APPENDIX A – RELATIVE TO APPLICATION NUMBER: 24/00465/PP PLANNING LAND USE AND POLICY ASSESSMENT Assessment 1. Preliminaries 1.1 This application is made in part retrospect following planning enforcement action (Case Reference: 24/00034/ENOTH2). The proposed access from Watson Place is already in operation. 2. The Site 2.1 The site is located within the Settlement Area of Ardbeg, Isle of Bute. The site comprises an existing work yard and adjoining vacant land. 2.2 The existing yard is accessed from between Nos. 22 and 24 Wyndham Road and sits between the rear of dwellinghouses on Wyndham Road and the rear of dwellinghouses on Marine Place. 2.3 The adjoining vacant land is owned by Argyll Community Housing Association (ACHA) and is leased to the Applicant for the purpose of expanding the existing yard. The land was previously used for a flatted housing block which was mothballed by ACHA in 2018, with permission granted to demolish the block. The brownfield land has remained vacant since the flats were demolished. 2.4 This proposal concerns approximately half of the vacant land site, with the remaining land retained by ACHA. This remaining land is currently utilised as an informal play/football area by local residents and is not included in this application. 2.5 There is no planning history for the existing yard and workshop at 22A Wyndham Road. The Applicant notes that he understands the site has been used as a builders’ yard with light industrial use within the workshed since the 1980s. There is no information within the Council’s Planning files for the site to suggest an alternative use at this site. 2.6 The site is generally used for storage and distribution, whereas the existing warehouse/shed is used for light industry activity as well and storage and distribution. The existing use of the site is considered to be a mix of Class 4 (Business – including light industrial use) and Class 6 (Storage and Distribution) under the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended). 3. The Proposal 3.1 This application seeks permission to change the use of adjoining land from vacant land to Class 6 (Storage and Distribution) for the purpose of expanding business operations from the existing yard. The change of use of land would facilitate the creation of an access into the yard from Watson Place, allowing for a one-way system to be adopted through the existing yard. The application proposes the erection of timber boundary fencing to the currently vacant land to secure the site, and the erection of a storage shed within the grounds of the existing yard.
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Classification: OFFICIAL 4. Biodiversity & Sustainability 4.1 The vacant brownfield land has been laid to grass and subject to occasional maintenance by the land owner (and local residents) and would not be classed as reclaimed by nature for the purpose of relevant biodiversity policies. There appears no significant variety of flora and no indication that the exposed site is home to any notable fauna. A small waterway traverses the site and is culverted between the existing yard and opening on to the vacant land. Existing rubble from the site and additional material from the local quarry has been crushed to form a semi-permeable access track. The proposed expansion of the yard includes no building works or significant hardstanding, and will be used primarily for open air storage and access. In turn it is considered this proposal will have a neutral effect on biodiversity. 4.2 Therefore, this proposal presents no significant conflict with the policy aims of NPF4 Policy 01 (Tackling the Climate and Nature Crises), Policy 02 (Climate Mitigation and Adaption), and Policy 03 (Biodiversity). 5. Design & Siting Storage Shed 5.1 The proposed storage shed, whilst 23m in length, has a low pitched roof totalling 4.1m in height. There is no interruption to daylight or concerns for overshadowing to the adjoining residential properties from the siting of this shed. Whilst the shed will protrude beyond the adjoining boundary wall, the low-profile roof will make the shed less visually dominant on the site compared to the existing shed on site (which is approximately 5m in height). 5.2 From Watson Place, the storage shed will be largely screened by the proposed 1.8m high perimeter fencing and existing hedge. The shed is sited at sufficient distance from the rear garden boundary of No.s 8-10 and 12-14 Wyndham Road to have little visual or amenity impact upon these properties. Boundary Fencing 5.3 The proposed use of close-boarded timber fencing to enclose the site will help to secure the land and provide a continuous boundary, clearly demarcating the land from the adjoining vacant land, public road, and adjoining properties. The surrounding boundary treatments comprises a mixture of timber and wire fencing and stone walls. Whilst at 1.8m in height the proposed fencing would be taller than the surrounding residential fencing and has the added benefit of securing the land to prevent further abandonment of vehicles and waste items experienced by residents in the past. The proposed timber gate opens inwards, ensuring the footpath and public road are not obstructed when in use. Lighting 5.4 There are no details included for external lighting for the proposed storage shed. To ensure minimal light disturbance for adjoining dwellings a planning condition is applied for the approval of any lighting scheme prior to its installation, to the satisfaction of the Area Environmental Health Officer. 5.5 As set out in LDP2 Policy 04 (Sustainable Development), development proposals should seek to demonstrate sustainable development principles. This application is supported by the Policy in that is makes efficient use of vacant land (b), and avoids the loss of important recreational and amenity open space (g). Whilst the surrounding land uses are residential, the use of the existing yard as light industry, storage and distribution is long established. 5.6 Further, as set out within LDP2 Policy 05 (Design and Placemaking) the proposed use should be compatible with surrounding land uses. The surrounding land uses are primarily residential and a number of representations have been made to argue that the proposed
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Classification: OFFICIAL development is not in keeping with the residential area. However the existing site is long established. The expansion of the yard, for open air storage and access does not undermine the residential character of the area given the established presence of the existing yard. Furthermore, the proposed use for storage and access, with no proposed built development, is not considered to give rise to conflict with residential amenity. Rather, the development of this land may help enhance the local area by making effective use of a vacant brownfield site. In turn, it is considered that there is no conflict with LDP2 Policy 05 (Design and Placemaking). 5.7 For these reasons, the proposal is therefore consistent with the policy aims of NPF4 Policy 14 (Design, Quality and Place); LDP2 Policy 05 (Design and Placemaking), Policy 08 (Sustainable Siting), and LDP2 Policy 10 (Design). 6. Rosneath Conservation Area 6.1 The development site partly borders the Rosneath Conservation Area. The Conservation Area, as viewed from Marine Place, comprises detached villas set within in large plots, and orientated to face the sea. There is no disruption to the pattern of development as a result of this application. Given the low level of visual intrusion, the setting of the C-Listed dwellinghouses Nos. 7- 8 Marine Place are unaffected by this development. 6.2 The proposed storage shed will protrude approximately 2.12m above the boundary wall. This will be partially viewable from the public road at Marine Place, between dwellinghouses Nos. 9-11. The shed is finished in matt black, with no active frontages facing the Conservation Area. It is unlikely that the proposed boundary fencing would be visible from the public road at Marine Place. 6.3 In turn, this development is not considered to materially impact the setting of the Conservation Area and is in accordance with NPF4 Policy 7 (Historic Assets and Places); LDP2 Policy 17 (Conservation Areas); and LDP2 Policy 15 (Protection, Conservation and Enhancement of Our Historic Environment). 7. Business & Industry 7.1 As LDP2 Policy 01 (Settlement Areas) sets out, development within Settlement Areas will normally be supported where it is redevelopment of a brownfield site, it is compatible with surrounding land uses, and is of an appropriate scale for the size of the settlement. The proposed development presents a sustainable reuse of brownfield land within the Settlement Area to actively support an existing business use, in line with LDP2 Policy 01. In additional, the proposal is supported by NPF4 Policy 09 (Brownfield, Vacant and Derelict Land and Empty Buildings) and LDP2 Policy 04 (b) (Sustainable Development). 7.2 In accordance with NPF4 Policy 26 (Business and Industry), development proposals for business and industry use outwith sites designated for this purpose will only be supported where: (D,i). It is demonstrated that there are no suitable alternative allocated in the LDP, (D, ii). The nature and scale of the activity will be compatible with the surrounding area, And; (E, i). The impact on surrounding residential amenity is taken into account. 7.3 The existing site is used by the Applicant as the business base for Bute Access Services, providing scaffolding erections and hire. The business also carries out groundworks, shed building/erections, fencing and stone walling. The business is 8 years old and employs 6 staff. The proposed storage shed and expansion of the yard will enable the company to take on larger contracts and projects, in turn helping the business to grow.
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Classification: OFFICIAL 7.4 Although no material has been submitted to evidence the necessary site surveys in accordance with this policy, the Applicant explains in the Supporting Statement that the business previously operated from a premises at Rhubodach, but proved unsustainable given its remote location and lack of security. The opportunity to buy the existing yard from the previous owners presented a rare opportunity for the business to be located within easy reach of projects and employees. The Applicant has also purchased the dwellinghouse at No. 23 Wyndham Road, providing an extra sense of security as the site can be actively monitored outwith usual operating hours. 7.5 Despite the surrounding residential uses, the existing yard is well established and whilst the vacant land is not designated for business and industry use, the proposal makes efficient use of adjoining vacant brownfield land in accordance with this policy. 7.6 Although previously used for housing, the site is not an allocated housing site within the LDP2 and as such the proposed change of use is not required to accord with the provisions of LDP2 Policy 65 (Proposals for Other Uses on Allocated Housing Sites). 7.7 The business provides essential services to the Island and employs locally and makes a significant contribution to the local economy. The expansion of the yard to facilitate additional storage and improvement access arrangements will enable the Applicant to take on larger projects, in turn helping to strengthen the business. The development proposal is therefore considered to be in accordance with NPF4 Policy 26 (Business and industry), LDP2 Policy 01 (Settlement Area), and Policy 22 (Economic Development). 8. Residential Amenity 8.1 The expansion of the existing yard onto adjacent vacant land enables the Applicant to make efficient use of the existing site, improving safety and condition of the yard by providing further enclosed storage and a one way vehicular system. The use of the land is to facilitate increased storage, occasional parking, and access. This has the potential to negatively affect residential amenity of surrounding homes. A number of representations have been made by local residents regarding noise disturbance for the site. 8.2 The Applicant explains that the loading of vehicles with scaffolding and equipment does not take place before 08:00hrs. The employees return to the site to load/unload around lunchtime and again to unload at the end of the working day. It is noted that whilst some noise likely during loading and unloading, these are not constant throughout the day. These working practices are not anticipated to change with the proposed use of the adjacent land for increased storage and access. The proposal will unlikely increase harm to residential amenity in terms of noise and vibration. 8.3 The Area Environmental Health Officer has raise no objection to the proposal, subject to conditions curtailing operating hours and exterior lighting to ensure the preservation of residential amenity. 8.4 It is considered appropriate and reasonable therefore to apply a planning condition to restrict operating hours to within 08:00-18:00 Mon-Fri and 08:00-13:00 Saturdays to ensure any noise disturbance from activities on the site are confined to within the working day, in accordance with LDP2 Policy 14 (Bad Neighbour Development). This would apply to the loading and unloading of materials, and work vehicles entering and existing, and any other noise generating work activity on site. It is not intended to restrict the use of the onsite office for administrative purposes outwith these specified hours. 9. Road Safety 9.1 The existing yard is accessed from Wyndham Road. The proposed new access (currently in operation) from Watson Place, enables the Applicant to implement a one-way
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Classification: OFFICIAL system for vehicles. This would help to minimise damage to the ground surface within the yard by removing the need for reversing and manoeuvring. 9.2 In accordance with LDP2 Policy 40 (Vehicle Parking Provision), the minimum parking standard is 1 space per 50m2 for Class 4 use of 2500sqm and above. The site is approximately 2,300sqm and so this minimum standard is not required to be met. Nonetheless there appears ample room within the existing yard for parking and manoeuvring of vehicles including the two 7.5 tonnes flatbed truck utilised by the business. 9.3 The Area Roads Officer has no objections and raised no concerns in response to this application. The Officer recommends planning conditions related to visibility splays, surfacing, and drainage in the interests of road safety. 9.4 A number of concerns regarding road safety and the proximity to the children’s play park have been raised by local residents. The children’s play park is accessed on foot from Watson Place and is sited approximately 13m from the mid-point of the proposed access track on the opposite side of the road. The road width between the pavement next to the enclosed park and the vacant land not part of this application is approximately 4.5m, whereas the road width between the pavement at the mid-point of the proposed access and the opposite boundary is approximately 9m. It is considered there is sufficient space on the road to ensure the necessary visibility for all road users (including pedestrians) and for the safe manoeuvring (turning) into the site from Watson Place. 9.5 Several representations have been made regarding issues of congestion on Wyndham Road and raise complaints that the use of the public road by vehicles associated with the business causes road safety issues and is an inconvenience to local residents. However, the continued use of the existing yard is well established and not under consideration in the determination of this application. The proposed change of use of land is not considered to materially increase the volume of traffic to and from the site. Rather the proposed one way system would help to better regulate the vehicles entering and existing the site and reduces the number of comings and goings from the existing Wyndham Road access. 10. Flooding 10.1 The proposal presents no significant hard standing or building works which may increase the risk of surface water flooding on site or to adjoining land. Nor is there any increased risk from the change of use of vacant land to land used for storage to trigger a flood risk appraisal. As a use of less or equal vulnerability, there is no conflict with NPF4 Policy 22 (Flood Risk and Water Management), and LDP2 Policy 55 (Flooding). 11. Conclusion 11.1 This application seek permission for the change of use of land from vacant brownfield to Class 6 (Storage and Distribution). Retrospective permission is sought for the creation of a vehicle access into the existing yard from Watson Place, and for the erection of a further storage shed and boundary fencing. 11.2 A number of objections have been made in terms of harm to residential amenity, loss of open green space, and road safety concerns. 11.3 The existing Class 4 (Business) and Class 6 (Storage and Distribution) of the site is well established and is not contested in the determination of this application. The inclusion of the existing yard within the application enables regulation of the site in terms of working hours to ensure residential amenity in terms of noise, vibrations, and disturbance. The proposed change of use of land seeks access and open air storage space and is unlikely to intensify the potential for noise disturbance at this site. However, following consultation with Environmental
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Classification: OFFICIAL Health, a condition is applied to this permission to limit operating hours at the site to within reasonable working hours. 11.4 As this application proposes the efficient use of a vacant, brownfield site to support the business operations existing on the adjoining land, the minor departure from policy in terms of undesignated business and industry uses within the settlement area is justified in this case. 11.5 The proposal is in accordance with the Local Development Plan and for the reasons outlined in this report it is recommended that planning permission is granted.