Agenda and minutes

Councillor Rory Colville

Councillor David Kinniburgh

Councillor Bruce Marshall

Councillor Neil Mackay

Councillor Donald MacMillan

Councillor Roderick McCuish

Councillor James McQueen

Councillor Al Reay

It was noted that Councillor McCuish, who was not in attendance, had previously declared an interest in this matter.

Councillor Duncan MacIntyre declared a non financial interest.

Report by Head of Planning and Regulatory Services

The Chairman welcomed those present and invited introductions from Members and Officers present.  He then asked Mr Reppke to outline the procedures for the hearing.

Planning

Mr Kerr advised that the proposed site lies within a Potential Development Area (PDA) site within the settlement zone of Kilmore/Barran (PDA 5/133), allocated as suitable for low density housing including 25% affordable housing provision.  The site lies to the immediate north of established housing at Barran on an open, generally level field bounded to the east by rising hillside and to the west by the River Nell and riparian woodland.  Access is taken through the Barran settlement and spurring from an existing turning head between houses known as Tiroran and Cairnmore.

Although Kilmore/Barran is recognised as a ‘minor settlement’, where STRAT DC 1 normally supports small scale developments, the Local Plan PDA allocation for low density housing development on this size of site (just under 2 hectares) supports the principle of ‘medium scale’ development subject to overcoming issues outlined in the PDA Schedule.  Medium scale housing development is defined in the Local Plan as between 6 and 30 units.  Low density development is defined as up to 11 houses per hectare.  The issues to address in respect of this PDA are: water supply, waste water drainage, access constraints/road safety, and the need for a master-planned approach.

The application is for planning permission in principle only, supported by an indicative site plan covering the entire PDA, which is sufficient as a master-planned approach.  The application site boundaries show very minor fluctuations from the allocated PDA by giving up some land on the western boundary and taking an equivalent area to the north.  As the PDA boundary does not correlate with any landscape feature or defined area on the site, it is considered these variations are very minor in nature and the PDA allocation is what is proposed for development to all intents and purposes.

The indicative layout shows space for 22 house plots, new access road and private spur tracks, an area of on-site open space, and communal underground gas tanks.  The indicative plots are similar in size and layout to existing development at Barran and as such, this is considered acceptable.  

In terms of water supply and foul drainage, Scottish Water have raised no objections.  Although there is limited capacity for waste water drainage at the existing Scottish Water works, their direct consent is required prior to any connection to public drainage infrastructure.  Scottish Water confirm capacity exists for water supply at present.

In terms of road safety, the Roads Authority confirms no objections to the development subject to appropriate planning conditions, notably the upgrading of the existing sub-standard road through Barran to facilitate the development.

Mr Kerr advised that the Planning Office had received 26 letters of objection and 80 expressions of support.  It was noted, however, that Mrs Hunter was recorded as a supporter but hadn’t actually expressed support for the application. 

The applicant’s offer for offsetting against the flatted development approved under ref. 09/01613/PP at Stevenson Street is not acceptable to the Planning Authority.  Whilst the Council does accept offsetting (as a second choice) through the affordable housing policy, this provision has only been applied concurrently and not in retrospect, and offsetting must be compatible in terms of development type and location within the same housing market in order to represent a suitable alternative.  It is considered that the separation distance of approximately 5 miles between Barran and Stevenson Street is too far to represent a suitable alternative within the same community and that the nature of the dense flatted development at Stevenson Street is considerably different from the low density detached housing applied for at the application site.  Argyll & Bute Council’s Affordable Housing Guidance implicitly requires that offsetting affordable housing provisions should be undertaken on concurrent proposals rather than in retrospect.  If applied retrospectively, this would create a precedent across the Council area for accepting such offsetting calculations which would reduce the number of affordable houses provided, contrary to Argyll & Bute Council Local Plan Policy LP HOU 2 and allocation PDA 5/133

Mr Kerr recommended that the Committee approve the application, subject to housing provision or payment, and subject to the 8 conditions contained within his report.

Applicant

Mr Macaskill, speaking for the Applicant, said the site lies within a Potential Development Area in the settlement area of Kilmore, PDA 5/133 in the adopted Local Plan.  The site of just under 2 hectares has been allocated for low density housing and the Planning Department of Argyll and Bute Council is satisfied that this application for 22 houses applies.  The application is for planning permission in principle and, if approved, a detailed application will follow.  The housing plan is for indicative purposes only.  Mr Macaskill referred to paragraph D of the report referring to consultations and said there were no objections from the Area Roads Manager, Scottish Water, West of Scotland Archaeology Service or Historic Scotland.  The report lists 26 objectors, and their concerns have been addressed.  The road is referred to and the recommendation includes a condition for a road through the existing Barran housing development to be upgraded to adoptive standards.  Mr Macaskill said that this condition is onerous as no development will be permitted until the private access is upgraded, meaning that the developer will have to spend in excess of £1.2m, including the purchase of the ground, prior to building commencing.  If conditions are too expensive to implement there is a risk that the development will not be cost effective.  Mr Macaskill said that the PDA requires a minimum of 25% affordable housing.  As the application is for 22 houses, 6 units of affordable housing should be provided, and the applicant proposes that the Council accepts offsetting this against the 15 flat development at Stevenson Street as 6 units have not been sold yet.  Two of these apartments were accepted as offsetting the affordable requirement for the 10 flats at Ganavan Sands which  ...  view the full minutes text for item 3.