Agenda item
CONSIDER NOTICE OF REVIEW REQUEST: LAND EAST OF BLARCREEN HOUSE, ARGYLL AND BUTE (ALSO KNOWN AS KENNACRAIG)
Minutes:
The Chair welcomed all those
present to the meeting and introductions were made.
The Chair advised that no
person present would be entitled to speak other than the Local Review Body
Panel and Mr C Reppke, who would provide procedural advice if required.
The Chair advised that his
first task would be to establish if the Panel felt that they had sufficient
information to come to a decision on the review.
Councillors Trail and
Discussion followed on
whether it would be beneficial to have pictures of the relevant area provided
with the circulated papers, which may present a better understanding of the
application.
It was noted that the
Planning, Protective Services and Licensing Committee had originally taken the
decision to reduce cost implications by not providing pictures before a first
calling.
It was also felt that
planners should provide clarity on whether the Grampian condition applied and a
Section 75 applied to this submission.
Decision
The LRB agreed:-
1.
To hold an
accompanied site inspection and to invite the Applicant, the Applicant’s Agent
and Planning to this site inspection in order that the LRB could have a better
understanding of the location of the proposed development and how this would
fit into the surrounding environment, and the existing policy background;
2.
Agreed to request
whether the Applicant engage a landscape consultant to provide the LRB with an
opinion on the Applicants behalf of a landscape capacity study for the site and
to be advised of the timescale for the provision of the survey or otherwise;
3.
To request from
Planning appropriate conditions and reasons to attach to any consent if the LRB
were minded to approve this Planning Application; and
4.
To adjourn the
meeting and reconvene at the conclusion of the site inspection.
The meeting of the Argyll and
Bute Local Review Body reconvened on Friday 13 September 2013 in North Connel
Village Hall, Oban, Argyll.
Present: Councillor Sandy Taylor (Chair)
Councillor R Colville
Attending: Charles Reppke, Head of Governance and
Law
The Chair welcomed all those
present to the meeting and introductions were made.
The Chair welcomed everyone
to the meeting and advised that parties to the Review were not permitted to
address the Local Review Body (LRB). He advised that the only participants
entitled to speak would be the Members of the LRB and Mr Reppke who would
provide procedural advice if required.
The Chair referred to the
earlier site inspection (note of site inspection attached as Appendix A to this
Minute) and asked the Panel if they now had enough information before them to
come to a decision on the Review.
The LRB confirmed this to be
the case and went on to determine the merits of the case.
Councillor
Colville advised that he had been helped by the site visit.
Motion
Having regard to the terms of the landscape impact assessment presented by VLM design on behalf of the applicant and having weighed that against the assessment carried out by Gillespies in 2010 I am minded on this occasion to favour the assessment made by VLM on the basis that the potential impacts on the landscape will be minor and that there will be no significant effects on panoramic views and the special qualities of the designated area. The development does not form part of the open pastoral land but rather comprises rough grassland with mature vegetation where development could be sited with existing tree groups.
The VLM report recognises
that the southern boundary of the site is open but this could be mitigated
by planting of native hedgerow and tree species as part of any development
and provided that there was careful site planning it would be possible in
landscape terms to integrate the development into the site to have a strong
relationship with the existing building group of Blarcreen. Furthermore the proposed
dwelling would not compromise the landscape qualities of the river setting
further to the west nor impact on views towards Loch Etive.
The open fields in the centre
of the ROA have no capacity to accept development but this site is distinct
from that and is not part of that landscape character and as such the
application is viewed as compatible with policy p/dcz4 and LP env10 and as not
having any materially adverse impact on the Area of Panoramic Quality.
The application also requires
to be assessed against policy STRAT DC 5, LP ENV1, LP HOU 1 and it does not
meet any of the criteria that would allow it to be assessed as consistent with
that policy. However, having regard to
the landscape assessment referred to above the application can be approved as a
minor departure from policy STRAT DC 5, LP ENV1 and LP HOU 1. On the basis
that it will have de minimus impact on the landscape character provided
additional planting is undertaken given that the site is distinct from the low
lying improved pasture land which would have much wider visibility in the
landscape.
The development of this site
would exhaust the capacity of the area to accommodate any further
development given the dispersed nature of the settlement pattern in this area
and the landscape character of the ROA.
He moved also that the conditions and reasons detailed
by the planning officers in the pack for the meeting be imposed on the approval.
Moved by Councillor Colville
and supported by Councillors Taylor and Trail.
Decision
The
Argyll and Bute Local Review Body agreed by a majority to grant planning
permission for the development subject to the following conditions and
reasons:-
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1. |
Plans and particulars of
the matters specified in conditions 3, 4, 6, 7, 8, and 9 below shall be
submitted by way of application(s) for Approval of Matters Specified in
Conditions in accordance with the timescales and other limitations in Section
59 of the Town and Country Planning ( Reason: To accord with Section 59 of the Town and
Country Planning ( |
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2. |
Except as may be amended by
the conditions attached to this planning permission in principle, this
permission is granted in accordance with the details specified on the
application form dated 21st January 2013 pertaining to application
ref. 13/00123/PPP and the approved drawing numbers 1 of 3, 2 of 3 and 3 of 3. Reason: For the purpose of clarity and to ensure
that the development is implemented in accordance with the approved details. |
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3. |
Pursuant to
Condition 1 – plans, sections and elevations of the proposed house shall be
submitted and must incorporate: i)
A statement
addressing the Action Checklist for developing design contained within the
Argyll and Bute Sustainable Design Guide 2006 ii)
Local
vernacular design iii)
Maximum of 1¾
storey building iv)
Rectangular
footprint with traditional gable ends v)
External
building span not exceeding 7.0 metres vi)
Symmetrically
pitched roof angled between 37 and 42 degrees finished in natural slate vii)
External walls
predominantly finished in natural stone, masonry render, or a mixture of both viii)
Details of
finished ground floor levels relative to an identifiable fixed datum located
outwith the application site, furthermore, these shall demonstrate that the
building has been sited so far as practicable to fit with the natural
contours of the site and maximise the use of existing landscape features to
provide a suitable context for the development; and ix)
Window openings
with a vertical emphasis. Reason: To accord with Section 59 of the Town and
Country Planning ( |
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4. |
Pursuant to Condition 1 – a scheme of
boundary treatment, surface treatment and landscaping shall be submitted
including details of: i)
Location,
design and materials of proposed walls, fences and gates ii)
Surface
treatment of proposed means of access and hardstanding areas iii)
Any proposed
re-contouring of the site by means of existing and proposed ground levels;
and iv)
Proposed
hard and soft landscaping works. The development shall not be occupied until such time as the
boundary treatment, surface treatment and any re-contouring works have been
completed in accordance with the duly approved scheme. All of the hard and soft landscaping works shall be carried out
in accordance with the approved scheme during the first planting season
following the commencement of the development unless otherwise agreed in
writing by the Planning Authority. Reason: To assist with the integration
of the proposal with its surroundings in the interest of amenity. |
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5. |
All
existing trees and shrubs within the application site as identified by the red
line, shall not be lopped, topped, felled, lifted or removed without the
prior written consent of the Planning Authority. Reason:
Retention of the existing trees and shrubs will ensure that the proposed
dwellinghouse will conform with the landscape character of the immediately
surrounding area which is situated directly adjacent to Kennacraig and
Esragan Burn Site of Special Scientific Interest which is designated for its
woodland features of interest and within an area listed on the Ancient |
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6. |
Pursuant
to Condition 1 – plans and particulars of the means of vehicular access and
parking/turning arrangements to serve the development shall be submitted,
incorporating: i)
Construction of
the junction with the B845 public road serving the development site in
accordance with the Council’s Roads Standard Detail Drawing SD 08/004 rev a.
with visibility splays measuring 2.4 metres by 53.0 metres to the north west
and 2.4 metres by 75 metres to the south east from the centre line of the
junction. ii)
The provision
of parking and turning in accordance with the requirements of Policy LP TRAN
6 and Appendix C of the ‘Argyll and Bute Local Plan’ 2009. No walls, hedges, fences
etc will be permitted within 2.4 metres from the channel line of the B845
public road. Prior to work starting on
site, the approved scheme of works in respect of junction layout 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 junction/carriageway. The final wearing surface on the
access shall be completed prior to the initial occupation of the house hereby
approved and the visibility splays shall be maintained clear of all
obstructions thereafter in perpetuity. The approved parking and
turning layout shall be implemented in full prior to the development first
being occupied and shall thereafter be maintained clear of obstruction for
the parking and manoeuvring of vehicles. Reason: In the interests of road safety. |
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7. |
Pursuant to Condition 1 - an appraisal of the
wholesomeness and sufficiency of the intended private water supply and the
system required to serve the development shall be submitted. The appraisal shall be carried out by a qualified
hydrologist and shall include a risk assessment having regard to the
requirements of Schedule 4 of the Private Water Supplies ( The development shall not be brought into use or
occupied until the required water supply system has been installed in accordance
with the agreed specification and is operational. Reason: In
the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be
provided to meet the requirements of the proposed development and without
compromising the interests of other users of the same or nearby private water
supplies. |
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8. |
Pursuant
to Condition 1 – details of the proposed means of private foul drainage to
serve the development shall be submitted including the location, capacity and
outfall arrangements for the proposed private drainage system. The
duly approved scheme shall be implemented in full concurrently with the
development that it is intended to serve and shall be operational prior to
the occupation of the development. Reason: To ensure that an adequate
means of foul drainage is available to serve the development. |
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9. |
Pursuant
to Condition 1 – full details of the means of surface water drainage shall be
submitted. Such details as are approved shall be operational prior to the
development being brought into use and shall be maintained as such thereafter
in perpetuity. Reason: To ensure the provision of an
adequate surface water drainage system and to prevent flooding. |
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10. |
No
development shall commence on site or is hereby authorised until the existing
ruinous structure identified as Kennacraig within the landholding has been razed
to the ground and permanently removed from the landholding, except where
demolition materials are used in the construction of the house hereby
approved in principle. Reason: To ensure that the existing
redevelopment opportunity which exists at
Kennacraig is removed in perpetuity which shall then ensure that the
applicant can only erect 1 dwellinghouse within the area of land within the
same ownership as identified by Plan 2 of 3 (Drawing No. STR12030/01). |
Appendix A
ARGYLL AND
NOTE OF MEETING OF SITE INSPECTION RE
CASE 13/0008/LRB
LAND EAST OF BLARCREEN HOUSE, ARGYLL AND
In attendance: Councillor Sandy Taylor (Chair)
Councillor Rory Colville
Charles Reppke, Head of
Governance and Law (Adviser)
Stephen Fair, Planning Authority
The Argyll and Bute LRB
(ABLRB) agreed on 4 June 2013 to conduct a site inspection in order that the
LRB could have a better understanding of the location of the proposed
development and how this would fit into the surrounding environment, and the
existing policy background, and to invite the Applicant, the Applicant’s Agent
and Planning.
All present were welcomed to
the site inspection and introductions were made.
The Chair advised the
participants on the procedure that would be followed.
The Chair then asked Mr Fair
to detail the site boundaries and to explain the policy background. Mr Fair pointed out the site location, and
drew Members attention to the landscape features referred to in the report.
Supporting documents:
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AB1 & SUPPORTING DOCUMENTATION, item 3.
PDF 2 MB -
00123 (LRB SoC) (WW) (01 05 2013), item 3.
PDF 165 KB
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SIAN GRIFFITHS - Review Reference Number 130008LRB - Notepad, item 3.
PDF 13 KB
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NOTICE OF REVIEW REQUEST COMMENT FROM PAUL HOUGHTON - 130008LRB - Notepad, item 3.
PDF 11 KB
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CONDITIONS AND REASONS RELATIVE TO APPLICATION 1300123PPP, item 3.
PDF 82 KB
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Letter Appraisal of the Landscape Capacity Study July 2013 - VLM LANDSCAPE DESIGN, item 3.
PDF 61 KB