Agenda item

Report by Head of Development and Economic Growth

The proposed development comprises the sub-division of a residential curtilage, and the erection of a new detached 4-bedroom house with new access, land engineering works, and installation of a private surface water drainage system.

 

The site is located within the village of Rhu and lies within Rhu Conservation Area.  Both the ‘donor property’ “Torwood House”, and the residential property adjacent to the north, “Carbeth House” are both Category “C” listed buildings.

 

Before proceeding with his presentation, the Planning Officer summarised the background to this application.

 

The Committee considered this proposal at a meeting on 21 June 2023 when it was recommended by Officers that planning permission be refused on the sole basis that the private public access was unsuitable to accommodate the resultant intensification of traffic.   At the request of the Applicant, the Committee agreed at this meeting to defer determination of this application to allow an opportunity for the Applicant to prepare and submit further details to demonstrate that there were no constraints to the implementation of an agreed scheme of commensurate off-site road improvements. 

 

Reference was made to supplementary report number 2 which advised that further information has been submitted by the Applicant providing detail of proposed road improvements.  A revised consultation response was received from the Council’s Area Roads Engineer on the basis of the additional information submitted by the Applicant following the June meeting of the PPSL Committee and concludes that the proposed off-site road improvements (provision of 2 passing places) will address previous concerns regarding the design capacity of the public road to accommodate the intensification of traffic result from the proposed new house.  The Applicant has confirmed they have control over the land outwith the application site required for these off-site road improvements.

 

The Planning Officer summarised a further representation received from one of the original objectors on the basis of the revised drawings submitted by the Applicant, and addressed the concerns that had been expressed. Reference was also made to the other objections which were addressed in the original report of handling and supplementary report number 1.

 

Officers are satisfied that the Applicant has the necessary control to implement the off-site road improvements and this can be secured by means of a suspensive condition.  The provision of off-site road improvements commensurate with the scale and nature of the proposed development complies with the provisions of Policy LDP 11 and SG LDP TRAN 5.  It is considered that the application proposal is in accordance with all relevant provisions of the Development Plan and will not give rise to any other planning matters that would warrant a departure from these procedures.

 

It was recommended that planning permission be approved subject to the conditions set out in supplementary report number 2.

 

Decision

 

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

 

Standard Time Limit Condition  (as defined by Regulation)

 

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

1.    PP - Approved Details & Standard Notes 

 

The development shall be implemented in accordance with the details specified on the application form dated 12^th December 2022, 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	807(L)000A	-	25.01.2023
Existing Site Plan	807(L)002A	-	25.01.2023
Proposed Site Plan	807(L)002	Rev. B	09.08.2023
Proposed Plans, Sections and Elevations	807(L)003A	-	25.01.2023
Tree Survey Plan	2016_015/01	-	13.12.2022
Location Plan with Passing Places	807(L)004

 

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

 

2.    No development in relation to the construction of the dwellinghouse, hereby approved, shall commence until such time as the two passing places identified in drawing no 807(L)004 have been fully formed and surfaced.

 

Notwithstanding the details shown on the approved plan, construction details for the proposed passing places shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority, prior to implementation.

 

Reason: In the interest of road safety.

 

3.    PP - Junction with public road:

 

Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing 08/006 Rev A. and visibility splays of 2.4 metres to point X by 25.0 metres to point Y from the centre line of the proposed access.

 

The access road shall be a minimum width of 5.5m for the first 10m from the back of the service bay. Thereafter it may be reduced to a private driveway of minimum 3.5m width.

 

The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing for a minimum of 5.0m back from the edge of the 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 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.

 

Note to Applicant:

 

• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.

 

• The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.

 

4.    PP - Access Gradient

 

Notwithstanding the provisions of Condition 1, the gradient of the service bay / access road / driveway shall not exceed 1 in 20 within 5 metres of the edge of the existing carriageway and shall thereafter not be steeper than 1 in 7.

 

Reason:  In the interest of road safety.

 

5.    PP – No Walls, Fences or Hedges Beside the Road

 

The development shall not include for the provision of walls, fences or hedges within 2.0 metres of the carriageway of the public road, and any gates shall open inwards, away from the public road.

 

Reason: In the interest of road safety.

 

6.    PP - Parking and Turning Further Details Required

 

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 three  vehicles 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 submitted layout shall demonstrate that adequate manoeuvring space will be provided within the site to allow a vehicle to enter and leave in a forward gear.

 

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.

 

7.    PP – Submission of Details of Materials

 

Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used for the external wall finishes and the roof slate 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.    PP – Full Landscaping Scheme

 

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

v)            A biodiversity statement demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development;

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.

 

The biodiversity statement should refer to Developing with Nature guidance | NatureScot as appropriate.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity, and to comply with the requirements of NPF4 Policy 3.

 

9.    PP / PPP / AMSC – Pre-commencement Survey

 

No development or other work shall be carried out on the site until a pre-commencement survey for the presence of Bats has been carried out by an appropriately qualified person and has been submitted for the written approval of the Planning Authority in consultation with Nature.Scot. 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.

 

10. PP – Surface Water Drainage – Further detail required

 

Notwithstanding the provisions of Condition 1, no development shall commence until 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, in consultation with the Roads Authority.

 

Drainage shall be achieved within the site boundary and no water shall discharge onto the public road carriageway.

 

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.

 

11. PP – Tree Retention and Protection

 

No development shall commence until a site plan showing the Root Protection Area for every existing tree proposed to be retained (with reference to the Tree Inspection Report – October 2016) has been submitted to and approved in writing by the Planning Authority.

 

Tree protection measures shall be implemented for the full duration of construction works in accordance in accordance with BS 5837:2005 “Trees in Relation to Construction” and the Tree Inspection Report – October 2016. No trees shall be lopped, topped or felled other than in accordance with the details of the Tree Inspection Report unless otherwise approved in writing by the Planning Authority.

 

Reason: In order to retain trees as part of the development in the interests of amenity and nature conservation.

 

(Reference: Report by Head of Development and Economic Growth dated 7 September 2023, submitted)