Agenda item

Report by Head of Development and Economic Growth

This application was previously considered by the Committee on 20 March 2019 and continued to 17 April 2019 when it was agreed to continue the determination of this application again to allow the planning authority to engage with the Applicant and to obtain clarification on various matters.  The Area Team Leader for the Oban, Lorn and the Isles area spoke to the terms of supplementary report number 3 which advised of correspondence issued under the provisions of Regulation 24 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 to the Applicant and, separately, to his Agent requesting the submission of further details.  The Applicant/Agent was given two weeks to respond and despite follow up requests being issued on 22 May, 27 June and 3 September 2019 there has been no response to this request for further information.   Given the lack of engagement from the Applicant or his Agent neither Officers nor Members are able to properly assess or consider any claim of overriding locational/operational need for a dwellinghouse of this specific design and orientation and in this specific location.  The stated claim of ‘crofting need’ is central to the Applicant’s proposal but has not been appropriately demonstrated or substantiated.  Therefore Officers remain of the considered opinion that the proposed development is unacceptable due to its materially harmful impact upon the setting of the adjacent Category A listed building; due to its negative impact upon the character and quality of the Kilmaluaig Conservation Area; and due to its unacceptably harmful impact upon the special characteristics of Tiree’s natural and built landscape.  It is therefore recommended that Members refuse this planning application for the reasons detailed in supplementary report number 3.

 

Decision

 

The Committee agreed to refuse planning permission for the following reasons:

 

1)    Insufficient information has been submitted to allow a competent assessment of the applicant’s claimed locational/operational need for the development and, in particular, the applicant’s stated claim that the proposed development within this specific location and of this precise form is required in order to support a proposed and/or existing agricultural activity upon what is claimed to be a bareland croft. The planning authority have required the submission of additional necessary details by letter dated 26^th April 2019 and issued under the provisions of Regulation 24 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, and have repeated this request for information by subsequent written communication dated 22^nd May 2019, 27^th June 2019 and 3^rd September 2019.

 

No response has been forthcoming to any of these requests for information and in the absence of essential information upon which to make a competent assessment, the Planning Authority must refuse this planning application.

 

2)    Notwithstanding Reason 1 above, the proposed development would have a materially harmful and unacceptable impact upon the historic environment including the setting of the adjacent Category A listed building and upon the character and quality of the conservation area.

 

The proximity of the proposed dwellinghouse and its associated access roadway to the listed building along with its modern design creates an uncomfortable relationship between them. At present the listed building currently enjoys a prime position, located slightly offset atop a rocky hillock, which has open outward views and which is free from development around its periphery. This area of open elevated and rural character contributes to the setting of the listed building, both on inward and outward views, and development of this site would erode the sense of space and openness which it currently enjoys, compromising its visual prominence and devaluing its historical value. The listed building is a key landscape feature and the proposed development would adversely affect the way the listed building is appreciated and experienced in the landscape, diminishing its visual significance by visually intruding into the visual prominence and exclusivity the building currently enjoys.

 

Kilmaluaig Conservation Area has been designated due to its traditional settlement pattern and orientation of the buildings within it, together with the presence of historically important thatched cottages which are also listed due to their unique physical characteristics.

 

This is not an acceptable site for development in terms of the council’s settlement strategy as expressed through policy LDP DM 1 as well as being contrary to the provisions of Policy LDP 3 and associated Supplementary Guidance SG LDP ENV 16(a) and SG LDP ENV 17 of the LDP as well as SPP and the Historic Environment Scotland Policy Statement 2016 and Historic Environment Scotland Managing Change: Setting, New Design in Historic Settings (Historic Scotland) which presume against development that detrimentally affects the setting of listed buildings and the quality and special character of conservation areas.

 

3)    Notwithstanding Reasons 1 and 2 above, it is considered that the proposed development would, due to its inappropriate design, detailing, orientation and location, have an unacceptable and materially harmful impact upon its immediate landscape and, in particular, the built-landscape which comprises a key component of Tiree’s unique and special character.

 

The proposed development fails to respect the specific settlement pattern, local distinctiveness and built-form of this part of Kilmaluaig as recognised within the Council’s ‘Isle of Tiree Sustainable Design Guidance’ or the ‘Island of Tiree: Landscape Capacity Study for New Housing” (Final Report, published May 2006)’, and as underpinned by the inclusion of this site within the Kilmaluaig Conservation Area.

 

The development consists of a relatively large three-bedroomed ‘T-shaped’ detached bungalow of largely unimaginative design and materials and which does not properly capture the essence of Tiree’s unique and special design character. This impression is materially heightened when considering the context of the proposed development and its siting within the immediate setting of the important traditional Tiree “blacktop” building and within the Kilmaluaig Conservation Area, as expressed within refusal reason 1 above. Specifically, the proposed development is considered unacceptable for the following reasons:

 

·         The orientation of the proposed dwellinghouse would be perpendicular to the listed building 13 Kilmaluaig and to the majority of the existing buildings within the wider landscape. This is contrary to the traditional settlement pattern of this part of Tiree and will result in a development which will appear unduly prominent, particularly when experienced from the immediate setting of the listed building.

 

·         The modern ‘T-shaped’ plan of the proposed dwellinghouse would result in a development which would have a scale and massing inconsistent with its setting and with the local distinctiveness of this part of the Island and which would erode the typical, simple proportions of the area in general and the Category A listed building in particular, namely a long, low, narrow building with a simple plan form.

 

·         The proposed development does not retain the traditional window and wall relationships which form an important part of the unique character of Tiree’s built environment. In addition, the proposed dwellinghouse incorporates uPVC windows and doors of a design and quality which are not considered appropriate within this part of the conservation area or that they pay sufficient regard to the traditional window and door detailing of the nearby listed building.

 

In addition, the site of the proposed development falls within the ‘North Tiree Study Area’ as identified within the Council’s published “Island of Tiree: Landscape Capacity Study for New Housing” (Final Report, published May 2006), which recognises that the site the subject of this application is located within an area of distinct landscape and visual character which the Study describes as ‘Extensive Crofting’ which consists of some limited opportunities for development which reflects the dispersed spacing and distinct relationship of existing settlement with the crofting inbye land. The Study states that new development should be set one field distance from the public road and a minimum of one field (no less than 100 metres) apart from existing croft houses. The study recommends that new development should be oriented facing a road and usually on a NE/SW axis where this predominates. Similarly, the Study states that where a distinct alignment of existing houses occurs, new development should be sited to fit with this. The Study also states that additional overhead lines and access tracks should be avoided.

 

In the case of the proposed development, the new dwellinghouse would be located more than 100 metres from the public road but less than 100 metres from the nearest croft house (the listed building 13 Kilmaluaig). The proposed development would be located approximately 80 metres to the south east of the listed building at its closest point (building to building) and within the existing field which includes 13 Kilmaluaig at its northern boundary. In addition, the proposed development includes a significant length of proposed new access track; approximately 120 metres in length and cutting across the field which is currently solely occupied by the listed building.

 

In addition, the proposed development would be oriented upon a broadly east to west axis and does not reflect the existing settlement pattern which consists of buildings located upon a distinct NE/SW axis, this being a specific part of the established and distinctive character of the area.

 

It is therefore considered that the proposed development would not sufficiently maintain the existing dispersed, low density settlement pattern of this part of Tiree or its distinctive NE/SW orientation of buildings and would involve the construction of a substantial new access trackway.

 

The proposed development is therefore considered contrary to the identified constraints and opportunities for new development as described within the “Island of Tiree: Landscape Capacity Study for New Housing” and contrary to Policy LDP 3, Supplementary Guidance SG LDP ENV 14, the Isle of Tiree Sustainable Design Guidance and the Sustainable Siting and Design Principles of the LDP.

 

(Reference: Report of Handling dated 4 March 2019, supplementary report number 1 dated 8 April 2019, supplementary report number 2 dated 16 April 2019 and supplementary report number 3 dated 5 November 2019, submitted)