Agenda item

Report by Head of Development and Economic Growth

The Area Team Leader for Mid Argyll, Kintyre and the Islands spoke to the terms of the report and to supplementary report number 1.  The application seeks to deliver the aspirations of the Local Development Plan (LDP) and the community for Potential Development Area (PDA) 8/1.   There have been no objections from consultees, however, the Biodiversity Officer has requested the submission of a Peat Management Plan, Landscape Plan and Construction Management Plan and this is reflected in an updated conditions list detailed in supplementary report number 1.  There have been no third party comments and all landowners have been involved in discussions.  The proposal is subject to public funding and the work of the Colonsay Community Development Company.  Officers are keen to support the community aspirations especially when they will assist in addressing the decline of this fragile community.  The proposal is considered to be a minor departure to policies LDP DM 1 and PDA 8/1 schedule of the Argyll and Bute LDP 2015.

 

The proposal is otherwise consistent with the relevant provisions of the LDP and there are no material considerations which would warrant refusal.

 

It was recommended that planning permission be granted as a minor departure from the LDP subject to conditions and reasons detailed in supplementary report number 1.

 

Decision

 

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

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 14/1/21 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
Location and Site Plan	2035 PB01	B	18th January 2021
Road Elevations	2035 PB08	A	18th January 2021
Type A MOWI Housing	2035 PB04	A	18th January 2021
Type A MOWI Housing	2035 PB05	A	18th January 2021
Type B and C Houses	2035 PB06	A	18th January 2021
Type B Houses	2035 PB07	A	18th January 2021

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.    Pursuant to Condition 1. - no development shall commence until a scheme for the provision of affordable housing (as defined below) has been submitted to and approved by the Planning Authority. The scheme shall:

 

a)    Provide that a minimum of 25% of the approved dwellings are affordable homes;

b)    Define those properties to be used as affordable homes;

c)    Establish the timing of their provision relative to the phasing of the development, which shall ensure that the last 25% of the dwellings within the development are not commenced until the affordable housing phase has been completed for occupation;

d)    Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers (including any discount rate applicable in terms of (ii) below);

 

For the purposes of this condition ‘affordable homes’ are defined as being either:

 

i)      Social housing (rented or shared ownership or shared equity) managed by a registered social landlord (a body registered under part 3 chapter 1 of the Housing (Scotland) Act 2001, or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification);

ii)     Discounted low cost sale housing (subject to a burden under the Title Conditions (Scotland) Act 2003), or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification).

iii)    Housing for sale or rent without subsidy, which is designed to be affordable and to meet the housing needs of the majority of those households identified as in housing need in the Local Housing Strategy or Housing Market Study i.e. one or two person households on average income, with conditions attached to their missives to prevent further extension, thereby helping to ensure that they are likely to remain affordable to subsequent purchasers.

 

The development shall be implemented and occupied thereafter in accordance with the duly approved scheme for affordable housing.

 

Reason:  To accord with the provisions of the development plan in respect of affordable housing provision.

 

3.    Notwithstanding the provisions of Condition 1, the details of the proposed access with the public road shall be agreed with the planning authority in consultation with the Roads Authority.  The access shall incorporate visibility splays of 75 metres to point X by 2.4 metres to point Y from the centre line of the proposed access and shall incorporate a bus bay. 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 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. 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.

 

4.    Prior to the commencement of works the applicant shall submit all details of the parking and turning arrangements for the approval of the planning authority in consultation with the Roads Authority.  The works shall then be implemented as per the approved details unless otherwise agreed in writing with the planning authority.

 

Reason:  In the interests of road safety.

 

5.    The applicant shall provide a replacement passing place, to be agreed with the Roads Authority, prior to the commencement of works.  Such details shall include location, construction details and timescale for delivery.  Once agreed the development shall implemented as per the approved details.

 

Reason:  In the interests of road safety.

 

6.    Prior to the occupation of the houses or the HMOs the applicant shall ensure pedestrian warning signs are installed between the junction to the development off the public road and the ferry terminal in location as agreed with the Roads Authority.

 

Reason:  In the interests of road safety.

 

7.    Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of the residential units have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority.

 

Reason: In order to integrate the development into its surroundings.

 

8.    No development or other work shall be carried out on the site until a pre-commencement survey for the presence of ground nesting and breeding birds has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme.

 

Reason:, In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation.

 

9.    No development or ground breaking works shall commence until a method statement for an archaeological written scheme of investigation has been submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service.

 

The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site.

 

Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

 

Reason: In order to protect archaeological resources.

 

10.  No development shall commence until a full site specific Environmental Management Plan (in the form of a proposed Construction Procedures Handbook) has been submitted to and approved in writing by the Planning Authority.

The Plan shall address requirements arising from the construction, dismantling and reinstatement phases of the development, shall inform the production of construction method statements, and shall specify the siting of working areas, soil and peat management practices, measures to prevent pollution of watercourses and environmental site monitoring. 

 

The development shall be implemented in accordance with the requirements of the duly approved Construction Procedures Handbook, copies of which shall be maintained available on site for the duration of construction works.

 

Reason: In the interests of pollution control.

 

11.  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.

v)            Details of the retention of dry stone dykes wherever possible. 

 

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.

 

(Reference: Report by Head of Development and Economic Growth dated 7 April 2021 and supplementary report number 1 dated, 15 April 2021, submitted)