Issue - meetings

Report by Head of Development and Economic Growth

The Area Team Leader spoke to the terms of the report.  Planning permission is sought for the sub division of a single two bedroomed flat split over two storeys (ground floor and first floor) into two separate one bedroom flats utilising the same access/egress arrangements and wholly contained within the existing building without the need for any extension or material external alteration.  The sub division of the flat into two separate units is considered to be an acceptable proposal within this building which was previously sub divided to form individual apartments.  However, the site is within the coastal flood risk area and at the limits of the fluvial flood plain of the River Awe (which is tidal at this point) as per SEPA Flood Maps (2014).  Accordingly, SEPA has objected to the proposal advising that they categorise the proposed development as one seeking to add ‘buildings used for dwelling houses’, which comprises a ‘Highly Vulnerable Land Use’ within an area of ‘medium to high coastal and fluvial flood risk’.  Whilst SEPA acknowledge that the development would have the same footprint, they state that it would increase the number of properties located within an area identified as being at flood risk and with no safe access/egress.  SEPA maintain that this is contrary to national planning policy and that the proposed development does not accord with their published flood risk and land use vulnerability guidance. 

The considered and pragmatic opinion of Officers in this specific case is that whilst the proposal will, technically, result in the creation of one additional residential unit within what is currently an 11 apartment residential complex, there will be no actual physical increase in the development at risk of flooding, with each of the proposed two flats having one bedroom whereas the current flat has two bedrooms.  There will, therefore, be no likely increase in the actual occupancy levels of the building.  Accordingly, it is not considered that there will be any ‘real world’ change in vulnerability of the proposed development from flood risk.

While it must be is accepted that the proposed development is contrary to both national and local flood risk planning policy, it is recommended that having due regard to the Development plan and all other material considerations that planning permission be granted as a minor departure to the provisions of the Local Development Plan subject to the condition and reason detailed in the report of handling and that the Scottish Government be notified of the Council’s intention to grant planning permission for this development contrary to the advice of SEPA under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009.

Decision

The Committee agreed to grant planning permission as a minor departure to the provisions of the Local Development Plan subject to the following condition and reason and the Scottish Government being notified of the Council’s intention to grant planning permission for this development contrary to the advice of SEPA under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009:-

1.    The development shall be implemented in accordance with the details specified on the application form dated 15.04.2019; 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.

Reason:  For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

(Reference: Report by Head of Development and Economic Growth dated 31 January 2022, submitted)