Agenda item

Report by Head of Development and Economic Growth

The Senior Planning Officer spoke to the terms of the report.  This is a Section 42 application which is an application for a new planning permission for a development but with different conditions from those attached to a previous permission for that development.  In determining such an application, the planning authority can only consider the changes to the conditions on the previous permission.  The principle of development is not under consideration and the original permission remains live.

 

Planning permission in principle was approved for this development following a hearing on 26 January 2017.  The site is located to the north of the settlement of Cardross and is bounded by Darleith Road to the west and a private access to the east.  This private access is a continuation of Barrs Road.   The applicant has applied to vary Condition 2 to alter the finished floor levels of the dwellings.

 

It is considered that the proposal accords with the principles and policies contained within the Local Development Plan and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission in accordance with Section 42 of the Town and Country Planning (Scotland) Act 1997 subject to the following conditions and reasons:

 

1.    Plans and particulars of the matters specified in conditions 2,3,6,7,8,9,11,12,13,15,16 and 17; 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 details contained within the approved plans and particulars.

 

Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended.

 

2.    Pursuant to Condition 1 – unless otherwise approved in writing by the Planning Authority, no development shall commence in respect of any individual plot until plans and particulars of the site layout, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate proposed finished floor levels relative to an identifiable fixed datum located outwith the application site. These levels shall be at least 0.15 metres above finished ground levels. Thereafter, the development shall be implemented in accordance with the duly approved details which shall have regard to special needs access requirements established by policies SG LTP TRAN 3 and SG LDP HOU 2.

 

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 Condition 1 – no development shall commence until a scheme for the provision of affordable housing that is in accordance with the provisions of the Council’s Development Plan Policy and Supplementary Guidance on Affordable Housing has been submitted to and approved in writing by the Planning Authority. The scheme shall:

 

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

b)    Define those dwellings that are to be used as affordable homes;

c)    Establish the timing of the provision of the affordable homes relative to the phasing of the development, which shall ensure that works on the last 25% of those approved dwellings that are not affordable homes are not commenced until the affordable homes have been completed for occupation;

d)    Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers.

 

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.

 

4.    Unless otherwise agreed in writing by the Planning Authority in consultation with the Road Network Manager, no development shall commence unless and until the following improvements to Darleith Road have been provided:

 

i)        The provision of a suitable traffic calming scheme (give and take priority) and the provision of three new off-street car parking spaces between Barrs Terrace and Mill Road. A drawing showing details of these provisions shall be submitted for prior written approval of the Planning Authority.

ii)      Road improvement between Mill Road and the proposed development site entrance as identified on plan TIAvcar2_SK002B.

iii)    The provision of a passing place immediately to the north of the proposed development site entrance in order to accommodate large vehicles passing in opposite directions.

iv)    Upgrade of the existing lighting between Mill road and the existing 30 mph speed restriction limit.

 

Reason: To provide improvements, including suitable traffic calming measures, compensatory parking and a passing place for larger vehicles, in the interests of road safety and to ensure a safe connection from the A814 to the site.

 

5.    Unless otherwise agreed in writing by the Planning Authority, in consultation with the Road Network Manager, no dwelling shall be occupied unless and until the existing 30 miles per hour speed restriction on Darleith Road has been extended and brought into effect to a location north of the Darleith Road access, the exact location to be agreed in consultation with the Road Network Manager.

 

Reason: In the interests of road safety.

 

6.    Pursuant to Condition 1 – no development shall commence until the following plans and particulars have been submitted to and approved by the Planning Authority in consultation with the Road Network Manager. Thereafter, the schemes shall be carried out in accordance with the approved details. Such details shall incorporate:

 

i)     On the A814 Main Road, Cardross, a scheme to enhance the gateway features in both directions at the entrances into Cardross village to be fully implemented in accordance with these details prior to occupation of the first dwelling house.

ii)    On the A814 Main Road, Cardross, within the village envelope a scheme to enhance traffic calming to be fully implemented in accordance with these details prior to occupation of the first dwelling house.

 

Reason: In the interests of road safety.

 

7.    Pursuant to Condition 1 – no development shall commence until full details of the internal road layout within the development have been submitted to and approved in writing by the Planning Authority. The development layout shall ensure that no more than 20 dwelling houses will be served from the east access, i.e. via Barrs Road. All other vehicular traffic will be required to access the development site from Darleith Road. The internal roads shall be constructed in accordance with the principles of Designing Streets.

 

Reason: In the interests of road safety and good place making.

 

8.    Pursuant to Condition 1 – Car parking provision shall be provided in accordance with the Argyll and Bute Council supplementary guidance policy SG LDP TRAN 6. Parking provision shall be constructed and made available for use prior to the first occupation to the dwelling(s) to which it relates and shall be maintained thereafter for the parking of vehicles.

 

Reason: In the interests of road safety.

 

9.    Pursuant to Condition 1 – no development or ground breaking works shall commence until an archaeological field evaluation has been undertaken and submitted to the Planning Authority for approval, the results of which shall inform as necessary the layout of the development to be submitted for the purposes of the Approval of Matters Subject to Conditions.

 

This archaeological field evaluation shall be prepared by a suitably qualified person and shall consist of a trial trenching programme of a distributed sample of 8% of the full application area. The West of Scotland Archaeology Service shall be notified at least 14 days in advance of the evaluation in order to facilitate monitoring of the work evidence of which to be submitted along with the archaeological field evaluation as part of the Approval of Matters Specified in Conditions submission. If archaeological remains on the site are confirmed, proposals for their preservation shall also be included.

 

Reason: In order to protect archaeological resources.

 

10. For the avoidance of doubt the proposals hereby approved shall be served by public water and sewerage connections.

 

Reason: The proposal has been assessed on this basis and the introduction of private connections would represent a further material consideration in the determination of this planning application.

 

11. Pursuant to Condition 1 – no development shall commence until the following details have been submitted to and approved in writing by the Planning Authority:

 

i)     Details of the proposed cut-off ditch (or similar) to be located along the northern border of the site along with calculations demonstrating that this proposed mitigation measure will not exacerbate flooding elsewhere;

ii)    The existing flow pathway in the vicinity of the sewer line shall be maintained;

iii)   A detailed drainage assessment and layout;

iv)   Method Statement detailing surface water containment during construction.

 

Reason: In order to ensure appropriate mitigation for flood risk.

 

12. Pursuant to Condition 1 – full details of the proposed SUDs shall be submitted to and approved in writing by the planning authority. Thereafter the development shall commence in accordance with these details. These details shall include:

 

i)     Full details of the proposed design and appearance of the SUDs facility to be designed in accordance with CIRIA C753;

ii)    Detailed design calculations for this facility;

iii)   Details of the proposed drainage of the SUDs facility;

iv)   Details of the proposed maintenance regime and maintenance responsibilities for the SUDs facility.

v)    Soil information to be provided if infiltration SUDs are proposed.

 

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

13. Pursuant to Condition 1 – no development shall 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)    Existing landscaping features and vegetation to be retained;

iii)   Location design and materials of proposed walls, fences and gates. This shall include details of a secure boundary between the application site and the disused quarry on the south west corner of the site;

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

v)    A programme for the timing, method of implementation, completion and subsequent on-going maintenance.

vi)   The proposed landscape plan shall take account of the Design Recommendations (para.4.8) contained within the applicant’s supporting Landscaping Report dated June 2015 undertaken by Ann Nevett.

 

In addition, in accordance with the requirements of NPF4 Policy 3b, a Biodiversity Statement shall be submitted which demonstrates how the proposal will conserve, restore and enhance biodiversity including nature networks so that they are in a demonstrably better state than without intervention.  This should include details of future management and should be informed by best practice methods.

 

Reason: To assist with the integration of the proposal with its surroundings in the interests of amenity and to comply with Policy 3 of NPF 4.

 

14. No trees overhanging the site shall be lopped, topped, or felled other than in accordance with the details provided to satisfy the requirements of condition 13 above.

 

Reason: In order to protect the trees overhanging the site in the interests of amenity.

 

15. Pursuant to Condition 1 – no development shall commence until details for the provision and maintenance of proposed areas of communal open space and equipped play area(s)

within the development have been submitted to and approved in writing by the Planning Authority. The details shall comprise:

 

i)     A plan showing the location and extent of communal open space and equipped play areas;

ii)    Provision to satisfy the minimum standards set out in the Development Plan; 6sqm of equipped play space and 12sqm of informal open space per dwelling unit;

iii)   Specification of play equipment to be installed, including surface treatments and any means of enclosure, designed in accordance with the provisions of BS5696 (Play Equipment Intended for Permanent Installation Outdoors);

iv)   Proposals for the timing of the implementation of the play area(s) in relation to the phasing of development;

v)    A maintenance schedule for communal open spaces and equipped play areas in accordance with the provisions of BS5696 including details of on-going inspection, recording and procedures for detailing with defects. The communal open space and equipped play area(s) shall be provided in accordance with the duly approved details and shall be retained and maintained to the specified standards thereafter.

 

Reason: In order to secure prevision of communal open space and equipped play areas within the development in accordance with the minimum standards set out in the Development Plan.

 

16. Pursuant to Condition 1 – no development shall commence until details for the arrangements for the storage, separation and collection of waste from the site, including provision for the safe pick-up by refuse collection vehicles, have been submitted to and approved in writing by the Planning Authority. Thereafter the duly approved provision shall be implemented prior to the first occupation of the dwellings which it is intended to serve.

 

Reason: In order to ensure that satisfactory arrangements have been made for dealing with waste on the site in accordance with Policy SG LDP SERV 5 (b).

 

17. Pursuant to Condition 1 – no development shall commence until a Site Waste Management Plan has been submitted to and approved in writing by the Planning Authority. The provisions of this plan shall be adhered to during the construction period unless any subsequent variation thereof is agreed in writing by the Planning Authority.

 

Reason: In order to ensure the minimisation of waste generated during construction in accordance with policy SG LDP SERV 5 (b).

 

(Reference: Report by Head of Development and Economic Growth dated 1 May 2023, submitted)