Issue - meetings

Report by Head of Development and Economic Growth

The proposed development comprises the sub-division of a residential curtilage, and the erection of a new detached 4-bedroom house with new access, land engineering works, and installation of a private surface water drainage system.

The site is located within the village of Rhu and lies within Rhu Conservation Area.  Both the ‘donor property’ “Torwood House”, and the residential property adjacent to the north, “Carbeth House” are both Category “C” listed buildings.

Before proceeding with his presentation, the Planning Officer summarised the background to this application.

The Committee considered this proposal at a meeting on 21 June 2023 when it was recommended by Officers that planning permission be refused on the sole basis that the private public access was unsuitable to accommodate the resultant intensification of traffic.   At the request of the Applicant, the Committee agreed at this meeting to defer determination of this application to allow an opportunity for the Applicant to prepare and submit further details to demonstrate that there were no constraints to the implementation of an agreed scheme of commensurate off-site road improvements. 

Reference was made to supplementary report number 2 which advised that further information has been submitted by the Applicant providing detail of proposed road improvements.  A revised consultation response was received from the Council’s Area Roads Engineer on the basis of the additional information submitted by the Applicant following the June meeting of the PPSL Committee and concludes that the proposed off-site road improvements (provision of 2 passing places) will address previous concerns regarding the design capacity of the public road to accommodate the intensification of traffic result from the proposed new house.  The Applicant has confirmed they have control over the land outwith the application site required for these off-site road improvements.

The Planning Officer summarised a further representation received from one of the original objectors on the basis of the revised drawings submitted by the Applicant, and addressed the concerns that had been expressed. Reference was also made to the other objections which were addressed in the original report of handling and supplementary report number 1.

Officers are satisfied that the Applicant has the necessary control to implement the off-site road improvements and this can be secured by means of a suspensive condition.  The provision of off-site road improvements commensurate with the scale and nature of the proposed development complies with the provisions of Policy LDP 11 and SG LDP TRAN 5.  It is considered that the application proposal is in accordance with all relevant provisions of the Development Plan and will not give rise to any other planning matters that would warrant a departure from these procedures.

It was recommended that planning permission be approved subject to the conditions set out in supplementary report number 2.

Decision

The Committee agreed to grant planning permission subject to the following conditions and reasons:

Standard Time Limit Condition  (as defined by Regulation)

Standard Condition on Soil Management During Construction

Additional Conditions

1.    PP - Approved Details & Standard Notes 

The development shall be implemented in accordance with the details specified on the application form dated 12^th December 2022, 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. 

2.    No development in relation to the construction of the dwellinghouse, hereby approved, shall commence until such time as the two passing places identified in drawing no 807(L)004 have been fully formed and surfaced.

Notwithstanding the details shown on the approved plan, construction details for the proposed passing places shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority, prior to implementation.

Reason: In the interest of road safety.

3.    PP - Junction with public road:

Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing 08/006 Rev A. and visibility splays of 2.4 metres to point X by 25.0 metres to point Y from the centre line of the proposed access.

The access road shall be a minimum width of 5.5m for the first 10m from the back of the service bay. Thereafter it may be reduced to a private driveway of minimum 3.5m width.

The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing for a minimum of 5.0m back from the edge of the carriageway.

Prior to work starting on site the access hereby approved 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 access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

Reason: In the interests of road safety.

Note to Applicant:

• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.

• The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.

4.    PP - Access Gradient

Notwithstanding the provisions of Condition 1, the gradient of the service bay / access road / driveway shall not exceed 1 in 20 within 5 metres of the edge of  ...  view the full minutes text for item 5