Issue - meetings

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and to supplementary report number 1 which advised that the examination into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) by the Scottish Government had now concluded and that the Examination Report was a material consideration of significant weight.  The supplementary report highlighted the PLDP2 policies relevant to this application and it was concluded that in this case there was no significant material change of policy between the Adopted Plan and the PLDP2. 

 

Retrospective planning permission is sought for works that have been carried out within the curtilage of No. 3 Academy Terrace, Rothesay, Isle of Bute.  Academy Terrace is a Category C Listed Building.  Development Plan Policies and Supplementary Guidance and Historic Environment Scotland’s publications seek to ensure that developments affecting the setting of a Listed Building should preserve its character, and its special architectural or historic interest.

 

The application has elicited 4 objections from neighbouring properties.

 

It is considered that the application is contrary to the relevant Policies and Supplementary Guidance contained in National Planning Framework 4 and the Argyll and Bute Local Development Plan 2015, and the guidance provided by Historic Environment Scotland in its “Managing Change in the Historic Environment Setting”. 

 

It was recommended that planning permission be refused for the reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to refuse planning permission for the following reasons:

 

1.    Academy Terrace is a Category C Listed Building in Rothesay that is a symmetrical gabled terrace set on a sloping site comprising six, two and three-storey, 2-bay dwellinghouses.

 

Academy Road looks on to the building’s rear elevation and there is a set of steps that runs centrally through the back gardens down to the property. Two footpaths branch off diagonally from the steps to either end of the building.

 

The decking and fencing that have been erected within the rear garden area of No. 3 have a significantly adverse impact on the setting of Academy Terrace by virtue of their relatively close proximity to the main building; their central position in relation to the south western facade of the main building; and their substantial vertical and horizontal scale. These result in the diminution in one of the key views towards the building from Academy Road and the visual intrusion into the relatively open and undeveloped character of the rear garden areas.

 

The front elevation of Academy Terrace faces in a north easterly direction towards the water and it occupies an elevated position above Argyle Street approximately 70 metres from the rear of the buildings at street level. Pedestrian access from Argyle Street (which was already relatively steep) looks to have diminished considerably over the years, with the path and set of steps becoming overgrown.

 

The fencing that has been erected around part of the north-eastern curtilage of No. 3 is considered to be unacceptable as it has a significantly adverse impact on the setting of Academy Terrace by virtue of its solid form and appearance that detracts from one of the key characteristics of the property, which is the relatively open nature of its front garden areas.

 

In view of the foregoing, the application is considered to be contrary to the provisions of the following:

 

National Planning Framework 4 (2023)

 

NPF4 Policy 7 – Historic Assets and Places

 

NPF4 Policy 14 – Design, Quality and Place

 

NPF 4 Policy 16 – Quality Homes

 

Argyll and Bute Local Plan 2015

 

Policy LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment

 

Policy LDP 9 – Development Setting, Layout and Design

 

Supplementary Guidance policy SG LDP ENV 16(a) – Development Impact on Listed Buildings

 

Supplementary Guidance policy SG LDP Sustainable Siting and Design Principles

 

Historic Environment Scotland Published Guidance

 

‘Managing Change in the Historic Environment: Setting’ (2020)

 

2.    The decking that has been erected is 3 metres closer to the building than the patio area that has been in existence for some time. The decking detracts from the privacy and amenity of No. 2 Academy Terrace to a significantly adverse degree as it constitutes an elevated external living space in association with No. 3 Academy Terrace that would allow the congregation of people for prolonged periods with a relatively direct view into the ground floor kitchen window and the upper floor bedroom window of the neighbouring dwellinghouse at a distance of approximately 5 metres.

 

In view of the foregoing, the application is considered to be contrary to the provisions of the following:

 

National Planning Framework 4 (2023)

 

NPF 4 Policy 16 – Quality Homes

 

Argyll and Bute Local Plan 2015

 

Policy LDP 9 – Development Setting, Layout and Design

 

Supplementary Guidance policy SG LDP Sustainable Siting and Design Principles

 

(Reference: Report by Head of Development and Economic Growth dated 6 June 2023 and supplementary report number 1 dated 19 June 2023, submitted)