Agenda item

Report by Head of Development and Economic Growth

The Development Manager spoke to the terms of the report.  This application was first presented to the Committee on 17 April 2019 where Members agreed to its continuation to allow the Applicant to provide additional information to address concerns of the Planning Authority.  The additional information has been received and is outlined in supplementary report number 2 along with details of a late representation to the application from Luing Community Council.  Reference was also made to supplementary report number 3 which advised of a further 2 late representations received.  Reference was also made to updated commentary from the Council’s Flood Risk Adviser which was sought following concerns raised by an objector.  The Flood Risk Adviser remains supportive of the proposal subject to an amendment to the wording at condition 5.   Planning permission is sought for the erection of three detached dwellinghouses on an area of ground to the northwest of Arizona, Toberonochy, Isle of Luing.  The site is situated within the Toberonochy Conservation Area and wider Knapdale and Melfort Area of Panoramic Quality and in the proximity of a number of Listed Buildings.  Reference was made to the numbers of representations received both for and against the proposal.  Officers considered that there would be no added value in holding a discretionary hearing in this case as objections did not give rise to any complex technical issues that could not be covered in the report.  It is recommended that Members note the additional information submitted in support of the application and endorse the recommendation that planning permission be granted subject to the conditions and reasons numbered 1 – 4 and 6 – 12 appended to supplementary report number 3 which have been updated from those in the original report of handling to reflect the content of the Tree Protection and Management Plan (TPMP) and subject to the amendment of condition 5 to reflect the updated response from the Council’s Flooding Adviser.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons which incorporated an amendment to the height of the fence, referred to within condition 8, from 1.8 metres to 1 metre:

 

General

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 05/07/18 and the approved drawing reference numbers Plan 1 of 26 to Plan 26 of 26 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.

 

Vehicular Access

 

2.    Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/002a at 90⁰ to the public road with visibility splays of 2.4 metres to point X by 53 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing.  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 1.05 metres above the access.  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.

 

Parking and Turning

 

3.    The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans 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.

 

Bin Store

 

4.    Notwithstanding the provisions of Condition 1 – full details in plan form of a proposed bin store and enclosure at the junction with the public road shall be submitted and approved in writing by the Planning Authority in consultation with the Roads Authority.

 

Reason:  In the interests of road safety.

 

Surface Water Drainage

 

5.    Notwithstanding the provisions of Condition 1, no development shall commence on site until updated details of the proposed surface water drainage system have been submitted and approved in writing by the Planning Service in consultation with JBA Consulting.  Such details shall show the surface water drainage system designed in accordance with CIRIA C753 and Sewers for Scotland 4^th Edition and ensure that the post development 200 year plus climate change event is mitigated within the site boundary.  The surface water drainage system submission shall include site investigation details; a method statement for surface water containment during construction; and maintenance details for the proposed system.  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 occupation of the development and maintained as such thereafter.

 

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

Finished Floor Level

 

6.    No development shall commence until details of the proposed finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site have been submitted to and approved in writing by the Planning Authority. Such a level shall be at least 0.3 metres above finished ground levels.  The development shall be implemented in accordance with the approved details.

 

Reason: In order to secure an acceptable relationship between the development and its surroundings and prevent surface water flooding.

 

Design and Finishes

 

7.    Notwithstanding the provisions of Condition 1, the windows to the front elevation of the proposed dwellinghouses shall be timber sliding sash and case units, full details of which shall be submitted in plan form and approved in writing by the Planning Authority prior to work starting on construction of the proposed dwellinghouses.

 

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

 

8.    Notwithstanding the provisions of Condition 1, the proposed gates and fencing shall be no higher than 1 metre in height, full details of which shall be submitted in plan form and approved in writing by the Planning Authority prior to wort starting on construction of the proposed dwellinghouses.

 

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

 

Trees

 

9.    Notwithstanding the provisions of Condition 1, the development shall be undertaken in accordance with the provisions of the Tree Protection and Management Plan (TPMP) dated June 2019 except for proposals that relate to tree felling.

 

For the avoidance of doubt, this permission does not permit the felling of trees identified as T3, T4, T6, T10, T11, T13, T14 or T15. Whilst these trees are identified for removal in the TPMP as having a limited natural lifespan subsequent clarification provided on behalf of the developer has confirmed (by e-mail dated 15.07.19) an intent to retain these trees until such time a deterioration in their condition necessitates felling.

 

The tree protection measures identified in the TPMP shall be implemented for the full duration of construction works, and shall be applied to all trees within the development site, and not be solely limited the trees identified for retention in the TPMP. 

 

Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation.

 

Landscaping

 

10.  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 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)           Retention and details of any rebuilding of the stone boundary wall;

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

v)            Proposed soft and hard landscaping works including the location, species and size of every tree/shrub to be planted including details of new tree planting along the boundaries of the site;

vi)           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.

 

Boundary Wall

 

11.  Notwithstanding the provisions of Condition 1 and Condition 10, no development shall commence on site until a topographical survey of the existing stone boundary wall has been undertaken detailing its precise position within the site plotted on an updated site plan to be submitted to and approved by the Planning Authority.

 

Reason:  In the interests of clarity.

 

Telephone Box and Post Box

 

12.  Notwithstanding the provisions of Condition 1, the telephone box and post box shall be retained within the site to the satisfaction of the Planning Service.

 

Reason:  In the interests of public amenity.

 

(Reference: Report of Handling dated 1 April 2019, supplementary report number 1 dated 16 April 2019 and supplementary report number 3 dated 19 August 2019, submitted)