Agenda item

Report by Head of Planning, Housing and Regulatory Services

The Major Applications Team Leader spoke to the terms of the report.  The principle of a dwellinghouse on this site was first established by the granting of planning permission 13/00064/PP on 28 June 2013 for two dwelling houses further to determination at a discretionary hearing by the Committee on 24 June 2013.  This permission was subsequently renewed under 16/01767/PP on 26 August 2016 and remains live and capable of implementation on site.  The previous permission proposed a shared access to serve the two dwelling houses.  The sole amendment to the approved and extant development and the single issue subject of this current planning application is that the developer is now seeking an alternative and separate access to service Plot 2.  All other aspects of the development remain as previously approved.  The majority of the application site which will contain all built development is located within the defined ‘settlement’ boundary of Kilmore.  The area proposed for the vehicular access falls within the countryside designation  of the LDP where, generally, new development in the countryside will be resisted unless it represents infill, rounding off or redevelopment.  However, in this instance, the proposed short stretch of access track spurring from the recently completed forest track will not result in any above ground built development and it is considered that it can be accommodated without any significant adverse visual impact to the surrounding landscape.  The development is considered to be acceptable as a minor departure to the LDP in this case.  The application has elicited 20 objections and Kilmore and Kilbride Community Council expressed concern.  It is not considered that the objections raise any complex or technical issues that have not been addressed, both by the existing and extant planning permission and/or in the current report of handling and it is not considered that the holding of hearing would add value to the process in this case.  The application is recommended for approval subject to the conditions and reasons detailed in the report.

 

Decision

 

The Committee agreed to grant planning permission as a minor departure to the Local Development Plan subject to the following conditions and reasons:

 

General

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 06/06/18 and the approved drawing reference numbers:

 

Plan 1 of 5  (Drawing Number L(Ex) K102)

Plan 2 of 5  (Drawing Number L(PL)K002)

Plan 3 of 5  (Drawing Number L(PL)K003)

Plan 4 of 5  (Drawing Number L(PL)K102)

Plan 5 of 5  (Drawing Number L(PL)K103)

 

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.

 

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 consultation responses from SEPA and SSE.  You are advised to contact them direct to discuss the issues raised.

 

Roads, Access and Parking

 

2.    No development shall commence on site, or is hereby authorised, until an additional passing place has been completed alongside the UC25 Musdale public road between the A816 and the site entrance in accordance with the Council’s Roads Engineer Drawing Number SD 08/003a in a location that must first be submitted in plan form to and agreed in writing by the Planning Authority in consultation with the Roads Authority.

 

Reason:  In the interests of road safety to ensure the proposed development is served by a safe means of vehicular access with commensurate improvements to the existing access regime.

 

3.    The proposed on-site vehicular parking areas shall provide parking for three vehicles within the site and shall be formed in accordance with the approved plans and brought into use prior to the first occupation of the dwellinghouse hereby approved.

 

Reason:  To enable vehicles to park clear of the access road in the interests of road safety by maintaining unimpeded vehicular access over that road.

 

4.    Notwithstanding the provisions of Condition 1, full details, in plan form, of a bin store at the junction with the public road shall be submitted and approved in writing by the Planning Authority.  Thereafter the approved bin store shall be implemented in accordance with the approved details unless otherwise agreed in writing with the Planning Authority. 

 

Reason:  In the interests of road safety.

 

Water, Drainage and Flooding

 

5.    No development shall commence on site, or is hereby authorised, until full details of the proposed means of private foul drainage to serve the development, including evidence of SEPA’s consent to the proposed discharge to a watercourse, has been submitted to and approved in writing by the Planning Authority.  The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the first occupation of the dwelling houses.

 

Reason:  To ensure that an adequate means of foul drainage is available to serve the development.

 

6.    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:

 

Further advice on SuDS can be found in SEPA’s Standing Advice for Small Scale Development – www.sepa.org.uk

 

Design and Finishes

 

7.    No development shall commence on site, or is hereby authorised, until full details of the proposed material, texture and colour for all external materials have been submitted to and agreed in writing by the Planning Authority.  The development shall thereafter be completed in strict accordance with such details as are approved.

 

Reason:  In the absence of any details having been submitted and to ensure that the development integrates with its setting.

 

Landscaping

 

8.    No development shall commence on site, or is hereby authorised, 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 comprise a planting plan and schedule which shall include details of:

 

i)              Existing and proposed ground levels in relation to an identified fixed datum;

ii)             Existing landscaping features and vegetation to be retained;     

iii)            Location design and materials of proposed walls, fences and gates;

iv)           Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted;

v)            A programme for the timing, method of implementation, completion and subsequent on-going maintenance.

 

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme unless otherwise approved in writing by the Planning Authority.

 

Any trees/shrubs which within a period of five years from the completion of the approved landscaping scheme fail to become established, die, become seriously diseased, or are removed or damaged shall be replaced in the following planting season with equivalent numbers, sizes and species as those originally required to be planted unless otherwise approved in writing by the Planning Authority.

 

Reason:  To assist with the integration of the proposal with its surroundings in the interest of amenity.

 

Having moved an Amendment which failed to find a seconder, Councillor Robin Currie asked for his dissent from the foregoing decision to the recorded.

 

(Reference: Report by Head of Planning, Housing and Regulatory Services dated 31 January 2019, submitted)