Agenda item

Report by Head of Planning and Regulatory Services

 

The Major Applications Team Leader spoke to the terms of the report advising that the application site was located within the defined settlement boundary for Port Ellen and also within the Port Ellen Conservation Area.  He referred to the history of this site and previous applications and advised that this current application was partly to regularise discrepancies between the ‘as built’ position and the 2011 permission (ref: 11/00399/DET) and also to reduce the finished floor level of the resulting building following the results of a new flood risk assessment and consultation with SEPA.  The current proposal also amended the external appearance of the building slightly although its overall size, design, detailing and layout would remain nearly identical to the development previously approved in 2011.  The scale and form of the proposed development was considered acceptable for its location within this part of the Port Ellen Conservation area and having due regard both to the comments and objections of the owner of a neighbouring dwellinghouse and to the planning history of the site the proposed development was considered to be compliant with the provisions of the Development Plan in this regard, notably to policies STRAT DC 9, LP ENV 1, LP ENV 14, LP ENV 19 and LP CST 1.  The proposed development raised no access, servicing or infrastructure issues and was wholly compliant with Development Plan policies LP SERV 4, LP TRAN 4 and LP TRAN 6.  The development has been properly assessed in accordance with the statutory flood risk framework and has been found to be acceptable subject to the provision of a minimum finished floor level of 3.4 metres above ordnance datum and was considered acceptable and in accordance with the provisions of Development Plan policies STRAT DC 10 and LP SERV 8.  The application was recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

Agreed to grant planning permission subject to the following conditions and reasons and subject to the addition of a further condition stating that timber framed external doors and windows were used throughout the development:-

 

1.        The proposed development shall be carried out in accordance with the details specified in the application form dated 12^th March 2014; and the approved drawings numbered 1 of 12 to 12 of 12 and stamped approved by Argyll and Bute Council.

 

Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.

 

2.        Notwithstanding the provisions of Condition 1 above, the type and colour of materials to be used in the development shall be as specified on the approved Design Statement and as annotated on the approved drawings, with the exception of the roof covering which shall be of natural slate to a specification to be submitted and approved in writing by the Local Planning Authority before any works commence on site. In addition, full details of all of the proposed windows and external doors shall be submitted to and approved in writing by the Local Planning Authority before any works commence on site. Notwithstanding the submitted details, it is anticipated that the windows and external doors, particularly to the front elevation of the building (fronting onto Frederick Crescent) shall consist of traditional timber sash and case windows and timber close boarded doors.

 

Reason: In order to integrate the development into its surroundings and in order to protect the character and appearance of the Port Ellen Conservation Area.

 

3.        No development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of:

 

i)      Location, design and materials of proposed walls, fences and gates;

ii)     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.

iv)   Proposed hard and soft landscape 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.

 

4.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the of the aforementioned Schedule, as summarised below:

           

PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

 

Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

 

Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

 

Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

 

Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse.

 

Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

 

Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

 

Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

 

PART 2: SUNDRY MINOR OPERATIONS

 

Class 8: Formation of means of access to an unclassified road.

 

Class 9: Stone cleaning or painting of the exterior of a building.

 

No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission.

 

 

Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).

 

5.        The proposed access shall be formed with visibility splays of 20.0 x 2.0 metres in each direction formed from the centreline of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over 1.05 metres in height to the satisfaction of the Planning Authority.

 

Reason: In the interests of road safety.

 

6.        Prior to work starting on site, the access hereby permitted shall be formed in accordance with the Council’s standard highway drawing SD 08/005, Revision A

 

Reason: In the interests of road safety.

 

7.        Notwithstanding the provisions of Condition 1, no development shall commence until full details of the layout and surfacing of a parking and turning area to accommodate 2 vehicles within the application site have been submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interest of road safety.

 

(Reference: Report by Head of Planning and Regulatory Services dated 30 May 2014, submitted)