Agenda item

Report by Head of Development and Economic Growth

The Area Team Leader for the Bute and Cowal & Helensburgh and Lomond areas spoke to the terms of the report and to supplementary report number 1 which advised of late representations received.  He also advised of a further late representation received by email and which had been sent to all Members of the Committee by Mr Fergus Madigan.  He advised that these late representations had not raised any further issues.  Planning Permission in Principle is sought for the erection of 2 dwellinghouses each with a detached garage and sewerage treatment works at land off Feuins Road, within the village/minor settlement of Portincaple.  Within this area there is a general presumption in favour of small scale residential development subject to other local plan policies being satisfied.  The site also lies within an area designated as an Area of Panoramic Quality (APQ).  A number of representations have been received objecting to the proposed development together with concerns from Garelochhead Community Council.   It is considered that the principle of development is consistent with the relevant provisions of the Local Development Plan, there are no objections from statutory consultees and the key issues raised by objectors have been covered in the report of handling or can be dealt with by condition.  As such it is not considered that a discretionary hearing would add any value to this process.  It is considered that the proposal accords with Policies LDP STRAT 1, LDP DM 1, LDP 3, LDP 10, LDP 11 and Supplementary Guidance SG LDP ENV 6, SG LDP ENV 13, SG LDP – Sustainable Design Principles, SG LDP HOU 1, SG LDP SERV 1, SG LDP SERV 2, SG LDP TRAN 4 and SG LDP TRAN 6 of the adopted Argyll and Bute Local Development Plan and there are no other material considerations which would warrant anything other than the application being determined in accordance with the provisions of the development plan.  It is recommended that planning permission in principle be granted subject to the conditions and reasons detailed in the report of handling.

 

Motion

 

To agree to grant planning permission in principle subject to the conditions and reasons detailed in the report of handling.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Alastair Redman

 

Amendment

 

To agree to hold a site visit and discretionary pre-determination hearing.

 

Moved by Councillor George Freeman, seconded by Councillor Jean Moffat

 

The Motion was carried by 8 votes to 2 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to grant planning permission in principle subject to the following conditions and reasons:

 

1.    Plans and particulars of the matters specified in conditions 2 to 10 below shall be submitted by way of application(s) for Approval of Matters Specified in Conditions in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Thereafter the development shall be completed wholly in accordance with the approved details.

 

Reason: In accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

2.    Pursuant to Condition1 – no development shall commence in respect of any of the two plots until plans and particulars of the site layout including the provision for the storage / separation / recycling of waste in accordance with Local Development Plan policy, design, topographical surveys, cross sections and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished ground floor levels relative to an identifiable fixed datum located out with the application site. Thereafter the development shall be implemented in accordance with the duly approved details.

 

Reason: To ensure that the development has a layout and design which is compatible with its surroundings and in accordance with Local Development Plan policy.

 

3.    Pursuant to the provisions of Condition 1, no development shall commence until details of a Sustainable urban Drainage Systems (SuDS) scheme is submitted to the Council for further approval. This scheme 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 C753 and Sewers for Scotland 3rd Edition. Development shall thereafter be carried out using the approved scheme and 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.

 

4.   Pursuant to the provisions of Condition 1, no development shall commence until details of a communal sewage treatment system to service both dwellinghouses has been submitted to and agreed in writing by the Planning Authority. Development shall thereafter be carried out using the approved scheme and 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 system to deal with foul drainage.

 

5.    Pursuant to the provisions of Condition 1, development shall not begin until samples of the materials to be used on external surfaces of the buildings and in the construction of hard standings, walls and fences have been submitted to, and approved in writing by, the planning authority.  Development shall thereafter be carried out using the approved materials, or such alternatives that the planning authority may agree in writing.

 

       Reason:  To ensure that the appearance of the development is compatible with its surroundings.

 

6.    Pursuant to the provisions of Condition 1, development shall not begin until details of the method of construction of the dwellings are submitted to the Planning Authority to allow further consultation with the Ministry of Defence (MOD) safeguarding department. Such details as may be approved by the Planning Authority in consultation with the MOD shall thereafter be implemented.

 

       Reason: The site is located within an MOD safeguarding zone and construction of any dwelling requires to accord with necessary standards in the interests of safety.

 

7.    Pursuant to the provisions of Condition 1, development shall not begin until details of the following road traffic safety requirements are submitted to the Planning Authority to allow further consideration with the Area Roads Manager. These shall comprise further information to show;

 

a)    the junctions of the new driveways onto the new access with sightline visibility splays 2.4 x 35 x 1.05m.

b)    the gradient of the private access and driveways which shall be greater than 10% absolute maximum 12.5%

c)    The access shall be surfaced in a bituminous material for a distance of 5 metres from the edge of the carriageway and graded to prevent the discharge of water/materials onto the public road.

d)    The access at the junction with the public road shall be constructed as per drawing SD 08/002

e)    The access shall be a minimum of 4.5 metres wide for a distance of 10 metres from the radius tangent point as per Drg SD 08/002.

f)     Car parking and turning provision in accordance with the Councils ‘Roads Guidance for Developers’

      

       Reason: In the interest of road traffic safety.

 

8.    Pursuant to the provisions of Condition 1, no development shall commence until a scheme of boundary treatment, surface treatment and landscaping has been submitted to and approved 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)   Location design and materials of proposed walls, fences and gates;

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

(iv) 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.

 

9.    Pursuant to the provisions of Condition 1, the applicant shall complete and submit the following Biodiversity Information for further approval by the Planning Authority prior to any works commencing on site.

 

a)    a Biodiversity Checklist as supporting information.

b)    a Bat Survey report carried out at the optimum time of the year by an appropriately qualified person.

c)    the following ecological surveys for Red Squirrel, Badger and Ornithological interest carried out at the optimum time of the year by an appropriately qualified person.

 

       Reason: In the interests of Biodiversity.

 

10.  No development shall take place until details of trees, shrubs and hedgerows to be removed and to be retained, tree protection measures, soil stripping, storage and re-spreading procedures have been submitted to and approved in writing by the Planning Authority.

 

Reason: The proposed development and its location requires landscaping to fully integrate the proposal with its surroundings.

 

(Reference: Report by Head of Development and Economic Growth dated 6 November 2019 and supplementary report number 1 dated 18 November 2019, submitted)