Report by Head of Development and Economic Growth
Minutes:
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 12th
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:
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)
Supporting documents: