Minutes:
The Chair welcomed everyone to the meeting and introductions were made. He explained that no person present would be entitled to speak other than the Members of the Local Review Body and Mr Reppke who would provide procedural advice if required.
He advised that his first task would be to establish if the Members of the Local Review Body felt that they had sufficient information before them to come to a decision on the Review. All Members of the Local Review Body agreed they now had sufficient information before them to come to a decision on the review.
The Chair asked members for their
views and Councillor Hardie said he believed the planning decision was correct
to refuse this as overdevelopment and so he was minded to refuse the
application on the same grounds as the original decision.
Councillor Colville said he
believed that this site could be developed and presented a motion in the
following terms –
I move that the application be granted subject to
the conditions and reasons attached to this motion for the following reasons -
Reasoned justification
1.
The applicants have submitted details of other plot
sizes in the vicinity of the proposed development site in what is a very
intensively developed node of development and has also provided details of the
ratios of house size to overall plot size to demonstrate that the proposed
development will not be out of keeping with other plots in the immediate
locality and as such it would not result
in overdevelopment contrary to the provisions of Policy LDP 9 and SG 2 of the
adopted ‘Argyll and Bute Local Development Plan’ 2015, given that the existing
pattern of development in the immediate area the development of this plot will
not seem crammed nor will it adversely alter the character of this area. The proposal
will not therefore be in conflict with policy LDP 9 and SG2.
2.
The proposed condition attached to this motion
provides commensurate improvements to the private access and therefore provided
the condition is imposed as a suspensive condition prior to any works taking
place on the site the proposal will not have an adverse effect on this private
access and the improvements will provide road safety benefits to all users of
the road.
3.
In light of the lack of certainty around the
ability of the developer to implement
the road improvements required by Condition 2 that a Section 75
Agreement with the owners of all the affected land be required to secure
delivery of the required road improvements.
CONDITIONS AND REASONS RELATIVE TO APPLICATION REFERENCE
17/03128/PP
GENERAL |
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1. |
The
development shall be implemented in accordance with the details specified on
the application form dated 02/12/17 and the approved drawing reference
numbers Plan 1 of 3 to Plan 3 of 3 unless the prior written approval of the
planning authority is obtained for other materials/finishes/for an amendment
to the approved details under Section 64 of the Town and Country Planning
(Scotland) Act 1997 (as amended). Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details. |
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Note to Applicant: ·
This
planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period [See
section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended).] ·
In order to comply with Sections 27A(1) of the Town and Country Planning (Scotland)
Act 1997, prior to works commencing on site it is the responsibility of the
developer to complete and submit the attached ‘Notice of Initiation of
Development’ to the Planning Authority specifying the date on which the
development will start. Failure to comply with this requirement constitutes a
breach of planning control under Section 123(1) of the Act. ·
In order to comply with Section 27B(1) of the
Town and Country Planning (Scotland) Act 1997 it is the responsibility of the
developer to submit the attached ‘Notice of Completion’ to the Planning
Authority specifying the date upon which the development was completed. ·
Please note the advice contained in the attached
letter from Scottish Water. You are
advised to contact Scottish Water direct to discuss the issues raised. |
VEHICULAR AND PEDESTRIAN ACCESS |
|
2. |
Notwithstanding Condition 1 above and before any development
commences on site, full details of the following road and pedestrian access
improvements shall be submitted to and approved in writing by the Planning
Authority in consultation with the Council as Roads Authority:
The required road and
pedestrian improvements the subject of this planning condition shall be
implemented in full before any other development works commence. Reason: In
the interests of road and pedestrian safety. Note
to Applicant:
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PARKING
PROVISION |
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3. |
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. |
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SUSTAINABLE
URBAN DRAINAGE SYSTEM |
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4. |
Notwithstanding the provisions
of Condition 1, the development shall incorporate a surface water drainage
system which is consistent with the principles of Sustainable urban Drainage
Systems (SuDS) compliant with the guidance set out
in CIRIA’s SuDS Manual C753. The requisite surface
water drainage shall be operational prior to the development being brought
into use and shall be maintained as such thereafter. Reason: To ensure the provision of an adequate surface water drainage
system and to prevent flooding. Note to Applicant:
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DESIGN
AND FINISHES |
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5. |
Notwithstanding the effect of Condition 1, no
development shall commence until full details of the materials to be used in
the construction of the dwellinghouse hereby approved have
been submitted to and approved in writing by the Planning Authority. The development
shall thereafter be completed using the approved materials or such
alternatives as may be agreed in writing with the Planning Authority. Reason:
In order to integrate the development into its surroundings and no such
detail having been submitted with the application. |
RETAINING
WALL |
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6. |
Notwithstanding the effect of Condition 1, no
development shall commence until full details, in plan form, of the proposed
retaining wall have been submitted to and approved in writing by the Planning
Authority. The development shall
thereafter be completed in accordance with the approved details unless
otherwise agreed in writing with the Planning Authority. Reason:
In order to ensure that the size and visual appearance of the proposed
retaining wall is acceptable and no such detail having been submitted with
the application. |
LANDSCAPING
|
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7. |
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. |
PERMITTED DEVELOPMENT RIGHTS |
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8. |
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, Classes
1A, 1B, 1D, 2B, 3A, 3B, 3C, 3D and 3E 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. 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). |
Decision
The Argyll and Bute Local Review
Body, having considered the case de novo, agreed by a majority to uphold the
request for review and to require the completion of a Section 75 Agreement due
to the lack of certainty around the ability of the developer to implement
the road improvements required by Condition 2 and that a Section 75
Agreement with the owners of all the affected land be required to
secure delivery of the required road improvements and on completion of the
Section 75 Agreement in terms satisfactory to the Council, to issue planning
permission in the terms set out above.
Supporting documents: