Agenda item

Report by Head of Development and Economic Growth

At the PPSL Committee meeting on 17 August 2022, Members agreed to continue consideration of this application to the September PPSL Committee to allow the Applicant the extended opportunity to prepare and submit a Civil Engineering Report on the ground engineering works required to ensure stability of the slopping ground to prevent any slippage or flooding onto neighbouring properties.

 

The Planning Officer spoke to the terms of supplementary report 3 which advised of the detail of the investigative work carried out by the Applicant’s consultant, Ardmore Point Ltd which provides Geomatics, Geotechnical, Drone UAV and Construction Management Services.  This work included a desktop assessment of relevant information and documentation already available supplemented by a walkover survey in July 2022.  A further assessment based on in-situ testing and intrusive ground investigation including boreholes was also carried out.

 

The conclusions as set out the covering letter from the Applicant’s consultant, based on the desk-top and site investigation survey information contend that the existing site is stable in its current state, and “subject to a suitably designed retaining wall to the front”, the ground would be stable for the intended road development.

 

On this basis it is recommended that the application be approved, subject to the conditions and advisory notes as set out in full in the main report of handling with the exception of an additional planning condition as detailed in supplementary report number 3.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons and the advisory notes detailed in the report of handling:

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 10^th October 2021, 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 Plan	PL-659-00	A	20.10.2021
Existing Site Plan	PL-659-01	-	13.09.2021
Proposed Site Plan, Elevations and Sections	PL-659-02	C	24.05.2022
Proposed Floorplans and Site Elevation	PL-659-03	B	20.10.2021
Site Section E-E & Photographs	PL-659-04	-	24.05.2022

 

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

 

2.    Notwithstanding the provisions of Condition 1, no development shall commence until the following information is submitted to and approved in writing by the planning authority in consultation with the Area Roads Engineer; -

 

·         A scaled drawing showing a long section demonstrating that the following gradients can be achieved. The gradient of the new shared driveway shall be no steeper than 1 in 20 (5%) over the first 5 metres and thereafter no greater than 1 in 8 (12.5%).

 

Thereafter the proposed access shall be formed in accordance with the following criteria: -

 

·         Visibility splays in both directions of 2.40 metres to point X by 42 metres to point Y from the centre line of the proposed access.

·         The first 5.0 metres of the shared access driveway shall be surfaced with a bituminous material or other alternative hard material approved in writing by the planning authority.

·         The driveway shall be formed in accordance with the approved minimum gradients.

·         Surface water must not be able to flow from the site onto the public carriageway.

 

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 first occupation of any of the houses and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety and to ensure that the proposed development is implemented in accordance with the provisions of the Local Development Plan policy LDP 11 and SG LDP TRAN 4.

 

3.    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 3 no. vehicles per dwellinghouse 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.

 

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

iv)           A biodiversity statement demonstrating how the planting strategy contributes towards biodiversity and creation of wildlife habitat;

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

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 and to encourage biodiversity and provide compensatory species habitat in order to mitigate against loss of habitat potential as a result of site clearance.

 

5.    Notwithstanding the provisions of Condition 1, no development shall commence until full details of the intended means of surface water drainage to serve the development have been submitted to and approved in writing by the Planning Authority. The design 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’s SuDS Manual C753.

 

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 of nearby properties and/or the public adopted roads in accordance with the provisions of policy LDP 10 and SG LDP SERV 2.

 

6.    Notwithstanding the provisions of Condition 1, construction activity shall be restricted to between the hours of 08:00 – 18:00 Mon-Fri and to 08.00 - 12.00 on Saturdays. No construction activity shall take place outside of those periods or at any time on Sundays and Bank Holidays when such activity shall not be permitted at all.

 

Reason: In order to protect the amenity of the area.

 

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1D, 2A, 2B, 3A, 3C, 3D and 3E and Part 2 and Classes 8 and 9 of the aforementioned Schedule, as summarised below:

           

PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

 

Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

 

Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

 

Class 2A: The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.

 

Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

 

Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

 

Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

 

Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

 

Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity and public health, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).

 

8.    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 walls, roofs, window and door frames 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.

 

9.    The existing core footpath C283 which follows the public roads including Pier Road and Back Road directly adjoining the application site the site shall be retained free from obstruction across its full width, including by construction vehicles, plant or materials associated with the proposed development, unless alternative provision has been implemented with the prior written approval of the Planning Authority in consultation with the Council’s Access Officer.

 

Reason: In order to maintain pedestrian access.

 

10.  Notwithstanding the provisions of Condition 1, no development shall commence until full technical construction details of the proposed retaining wall, including the means of vehicle restraint, directly adjacent to the east of the proposed shared roadway have been submitted to and approved in writing by the Planning Authority. The retaining wall and vehicle restraint barrier shall be implemented in full in accordance with the approved details prior to commencement of any other development on the site in relation to the construction of any roads/driveways or the construction of the houses including ground excavation, and shall be retained and maintained to the satisfaction of the planning authority unless otherwise agreed in writing by the planning authority.

 

Reason: To ensure that the proposed development does not result in any ground instability by reason of excavation and land-raising engineering operations carried out as part of this development, and to protect adjacent land and property from potential damage by reason of unstable ground conditions.

 

(Reference: Report by Head of Development and Economic Growth dated 8 June 2022, Supplementary Report number 1 dated 4 August 2022, Supplementary Report number 2 dated 16 August 2022 and Supplementary Report number 3 dated 9 September 2022, submitted)