Agenda item

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report and advised of two late representations received from Kerr Solicitors, on behalf of the Applicant, and from Mrs Rintoul.  In terms of the adopted ‘Argyll and Bute Local Development Plan’ (LDP) 2015, the application site is located within the minor settlement of Kames where Policy LDP DM 1 gives encouragement to small scale development on appropriate sites subject to compliance with other relevant policies and supplementary guidance (SG).  The determining factors in the assessment of this application are whether or not the scale and design of the proposed development is acceptable for its site and surroundings including its impact upon the character and amenity of this area.  It is also necessary to address access, infrastructure and servicing concerns.  The proposal has elicited 17 objections from 10 households.   In this instance it is not considered that the objections raise any complex or technical issues that have not been addressed in the report and it is not considered that a discretionary hearing would add value to the planning process.  The proposed small scale tourism development is wholly in accordance with the adopted LDP and was recommended for approval subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission 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 24/02/20; supporting information and, the approved drawings listed in the table below unless the prior written approval of the Planning Authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Supplementary Map for Location Only (No Scale)			03/03/20
Location Plan (1:5000 @ A4)			03/03/20
Location and Ownership Drawing	LO (01)	A	03/03/20
Site Plan (1:500 @ A3)			03/03/20
Block Plan As Proposed (1:200)			03/03/20
Elevations and Floor Plan (1:100)			03/03/20

 

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 and guidance contained in the attached responses from the Council’s Environmental Health Service and Biodiversity Officer.  You are advised to contact them direct to discuss any of the issues raised.

 

OCCUPANCY RESTRICTION

 

2.    Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year.

 

Reason: In order to define the permitted occupancy having regard to the fact that the premises are unsuitable for occupation as a permanent dwelling due to the proximity to the neighbouring residential properties and in order to respect the spacing between those properties.

 

Note to Applicant:

 

For the avoidance of doubt this permission only provides for the occupation of the premises on a short term basis on the grounds that the development is unsuited to full time residential occupation. Specifically the occupation of the premises as a dwelling shall require the benefit of a separate planning permission.

 

COMMENSURATE IMPROVEMENTS TO PRIVATE ACCESS TRACK

 

3.    Notwithstanding the provisions of Condition 1, prior the holiday letting unit first coming into use, commensurate improvements to the private access track shall be undertaken.  Such works shall comprise the repair of all carriageway potholing and surface rutting on a like for like basis and the clearance of drainage ditches and culverts.  Thereafter the drainage ditches and culverts shall be retained clear of any obstructions.

 

Reason: In the interests of road safety.

 

VISIBIITY SPLAYS

 

4.    Notwithstanding the provisions of Condition 1, prior to the holiday letting unit first coming into use, visibility splays of 2.4 metres to point X by 160 metres to point Y from the centre line of the junction at the public road shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y and maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

PARKING AND TURNING PROVISION

 

5.    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 one vehicle 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.

 

PRIVATE WATER SUPPLY

 

6.    Pursuant to Condition 1, no development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved by the Planning Authority.

 

The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 or Part 3 of the Private Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 20017 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained.  The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development.

 

The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational.

 

Reason:  In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supply.

 

Note to Applicant:

 

Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance.

 

SUSTAINABLE DRAINAGE SYSTEM

 

7.    Notwithstanding the provisions of Condition 1 the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable 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.

 

LANDSCAPING

 

8.    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.

 

OTTER WATCHING BRIEF

 

9.    Notwithstanding the provisions of Condition 1, a Watching Brief for Otter should be maintained during the construction period of the proposed development to ensure that no otter or otter habitat are compromised, with the Watching Brief made available for inspection by the Planning Authority.

 

Reason: In order to protect natural heritage assets in the interest of nature conservation.

 

Note to Applicant:

 

Regard should be had to the Council’s Biodiversity Officer’s consultation comments in relation to the proposed development which provide further detail in respect of Otter which may be affected and the developer’s responsibilities and obligations under nature conservation legislation.

 

(Reference: Report by Head of Development and Economic Growth dated 28 July 2020, submitted)