Agenda item

Report by Head of Development and Economic Growth

The Major Applications Team Leader spoke to the terms of the report.  The proposal seeks to develop an allocated housing site within LDP2 to provide 97 dwellings of various sizes.  The site is located in the rural area, with the housing allocation playing a pivotal role in meeting the housing needs of the island.

 

The Examination by Scottish Government Reporters to the Argyll and Bute Local Development Plan 2 (LDP2) has now concluded and the Examination Report has been published.  Although still to be formally adopted it is considered that LDP2 carries sufficient weight to outweigh the designation of land as countryside in the adopted LDP. 

 

The development would still be a minor departure from LDP2 as a small area to the north west of the site lies out with the allocation and within the countryside zone.  No houses are proposed in this area and it would be required to accommodate one of the two Sustainable Urban Drainage Areas (SUDs) required for draining the site.

 

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 subject to the following conditions and reasons:

 

1.    PP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 8/7/22; , 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 as Existing	200661A-10-002	Rev.D	06/09/2022
Topographical Survey Plan as Existing	200661A-10003	Rev.A	06/09/2022
Location Plan – Craignure Context as Existing	200661A-10-001	Rev.C	06/09/2022
Location Plan as Proposed	200661A-PL-001	Rev.G	09/11/2023
Site Plan as Proposed	200661A-PL-003	Rev.C	9/11/2023
Site Cross Section Detail as Proposed	200661A-PL-002	Rev.A	18/08/2022
External Levels Layout	J5336-001		11/07/2022
Drainage Layout	J5336-011	Rev.F	09/03/2023
Cottage Flats- Affordable Plans & Elevations	200661A-PL-010	Rev.A	18/08/2022
2 & 3 Bed Terrace- AFF. Plans & Elevations	200661A-PL-011	Rev.B	06/09/2023
3 Bed Semi-Detached –AFF Plans & Elevations	200661A-PL-012		11/07/2022
1 Bed Flats- PFS Plans & Elevations	200661A-PL-013	Rev.A	18/08/2022
2 Bed Flats –PFS Plans & Elevations	200661A-PL-014	Rev.A	18/08/2022
2 Bed Bungalow – PFS Plans & Elevations	200661A-PL-015	Rev.A	18/08/2022
3 Bed Flat & Retail Uni- PFS Plans & Elevations	200661A-PL-016	Rev.B	05/04/2023
3 Bed Semi Detached- PFS Plans & Elevations	200661A-PL-017	Rev.A	18/08/2022
3 Bed Detached- PFS Plans & Elevations	200661A-PL-018		11/07/2022
4 Bed Detached- ST- PFS Plans & Elevations	200661A-PL-019		11/07/2022
4 Bed Detached In- PFS Plans & Elevations	200661A-PL-020		11/07/2022
4 Bed Detached Wide- PFS Plans & Elevations	200661A-PL-021	Rev.A	18/08/2022
4 Bed Detached Large- PFS Plans & Elevations	200661A-PL-022		11/07/2022
2 & 3 Bed Terrace – AFF. Combined Plans	200661A-PL-023	Rev.A	06/09/2022
3 Bed Detached – Handed Plans & Elevations	200661A-PL-024		18/08/2022
4 Bed Detached St – Handed Plans & Elevations	200661A-PL-025		18/08/2022
4 Bed Detached Inv-Handed Plans & Elevations	200661A-PL-026		18/08/2022
4 Bed Detached Wide-Handed Plans & Elevations	200661A-PL-027		18/08/2022
4 Bed Detached Large-Handed Plans & Elevations	200661A-PL-028		18/08/2022
1 & 2 Bed Flats – PFS Plans & Elevations	200661A-PL-029		06/09/2022
Garage Units Plans & Elevations	200661A-PL-051		18/08/2022
Vehicle Swept Path Analysis for a Refuse Vehicle	J5336-004		11/07/2022
Proposed Landscape Layout	1641-01	Rev.F	18/08/2022
Softworks Specification & Maintenance	1641-03	Rev.B	04/07/2023
Proposed trees to be removed & retained	1641-02	Rev.B	04/07/2023
Waste Strategy & Bin Storage	200661A-PL050	Rev.A	06/09/2022

 

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

 

Note to Applicant:

 

·       This planning permission will last for three years from the date of this decision notice, unless the development has been started within that period [See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).]

 

·       In order to comply with Sections 27A(1)  of the Town and Country Planning (Scotland) Act 1997, prior to works commencing on site it is the responsibility of the developer to complete and submit the attached ‘Notice of Initiation of Development’ to the Planning Authority specifying the date on which the development will start. Failure to comply with this requirement constitutes a breach of planning control under Section 123(1) of the Act.

 

In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act 1997 it is the responsibility of the developer to submit the attached ‘Notice of Completion’ to the Planning Authority specifying the date upon which the development was completed.

 

2.    Archaeological Works

 

No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

 

Reason: In order to comply with the requirements of NPF4 Policy 16F.

 

3.    Requirement for Public Sewerage Connection

 

The development hereby approved shall connect to the public sewerage system.

 

Reason: The site is located within a settlement area served by a public sewer.  The use of a private system would be a material change and would require the submission of a further planning application.

 

4.    Open Space Provision

 

No development shall commence until details for the provision and maintenance of areas of communal open space and equipped play area(s) identified on the approved plans have been submitted to and approved in writing by the Planning Authority. The details shall comprise:

 

(i)    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;

(ii)   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);

(iii) Proposals for the timing of the implementation of the play area(s) in relation to the phasing of the development.  The equipped children’s play area shall be completed before the occupation of the 50th dwelling;

(iv) 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 provision of communal open space and equipped play areas within the development in accordance with the requirements of NPF4 Policy 16F.

 

5.    Construction Environmental Management Plan

 

No construction works shall be commenced until a Construction Environmental

Management Plan (CEMP) and a Site Waste Management Plan (SWMP) have been submitted to and approved in writing by the Planning Authority.  The CEMP shall be overseen by an Ecological Clerk of Works (ECoW) and shall cover the following details:

 

Public Protection Issues:

 

a)    Consideration of all local noise sensitive receptors and the impact which would be had during land clearance and construction and the controls for this

b)    The use of equipment, such as mobile crushers and pecking equipment which may be in use and the controls which are put in place for these

c)    Any controls for dust on the site to ensure that this does not cause a nuisance to nearby receptors

d)    Any site lighting which may be used during the project and how this will be controlled so as not to cause a light nuisance to local receptors

e)    Proposed hours of works

f)      Best Practical Means measures to be put in place during any land clearance and construction work phases.

 

Biodiversity Issues:

 

(a)        No development shall commence until a scheme for the retention and safeguarding of trees during construction has been submitted to and approved by the Planning Authority. The scheme shall comprise:

 

i)      Details of all trees to be removed and the location, canopy spread and root zone of trees to be retained as part of the development;

ii)     A programme of measures for the protection of trees during construction works which shall include fencing at least one metre beyond the canopy spread taking account of root zone of each tree in accordance with BS 5837:2012 “Trees in Relation to Design, Demolition and Construction”.

 

Tree protection measures shall be implemented for the full duration of construction works in accordance with the duly approved scheme. No trees shall be lopped, topped or felled other than in accordance with the details of the approved scheme unless otherwise approved in writing by the Planning Authority.

 

(b)        Prior to the commencement of development an updated habitat survey shall be carried out, the findings of which shall be submitted to and approved in writing with the planning authority- this information should form part of a Habitat Management Plan.

 

(c)        If tree works are proposed during the bird nesting season (March – August inclusive) a pre-commencement inspection for active bird nests should be carried out by a suitably qualified person.  Only if there are no active nests present should works proceed.

(d)        Otter mitigation shall be undertaken in accordance with the recommendations contained within the original ecological survey for otter

- An ecological toolbox talk will be presented to all site contractors as part of their pre-works site induction in accordance with best practice;

- Where the species data is older than 18 months, the reported baseline should be updated by further survey work and included as part of a Species Management Plan outlining the species management for each of the species mentioned ( Otter, Bats both European protected Species, birds ( none specific).

(e)        If any of the trees which have been identified as being suitable for bats are to be removed between May-September, a further inspection of these trees shall be carried out by a licensed Bat worker prior to their removal. A European Protected Species Licence will need to be acquired from NatureScot in order for the bats to be translocated by a licenced Bat Worker.

 

(f)         An ecological toolbox talk on bats and what to do if bats or field signs of bats are encountered shall be presented to all site contractors as part of their pre-works site induction.       

 

               Further information can be found in the Biodiversity Technical Note in terms of surveys and mitigation calendars Page 20 and 21: https://www.argyll-bute.gov.uk/sites/default/files/biodiversity_technical_note_feb_2017_4.pdf

 

     (i)        An Invasive Non Native Species Eradication Plan for Rhododendron ponticum should be included in the CEMP ready for implementation.

 

(j)         Details of pollution controls during construction.       

 

Reason:  In order avoid, minimise or mitigate effects on the environment and surrounding area.

 

6.    White Tailed Sea Eagle         

 

Prior to the commencement of development confirmation of the outcome of discussions with the Mull RSPB Officer (currently Dave Sexton) with regard to requirements for a Bird Protection Plan for White Tailed Eagle shall be submitted to and approved in writing by the Planning Authority. In the event that a Bird Protection Plan is required, this shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development.  Thereafter the development shall proceed in accordance with this plan.

 

Reason: In order to establish whether a Bird Protection Plan will be required as the

nesting locations of White Tailed Sea Eagles varies each year.

 

7.    Drainage Maintenance Arrangements

 

Prior to the commencement of approved drainage works, details of the maintenance responsibility and schedule of intended maintenance arrangements of the approved drainage works shall be provided to the Planning Authority for their approval. This schedule shall include inspection, recording and procedures for detailing with defects. For the avoidance of doubt this shall also include the maintenance of the SUDs ponds. The drainage works for the development shall thereafter be maintained in accordance with the approved details.

 

Reason: To ensure appropriate maintenance provisions in respect of the approved drainage details are secured in the interests of alleviating any potential flood risk arising from surface water. 

 

8.    Landscaping Details

 

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)             Details of compensatory tree planting as show on the proposed landscape drawing produced by Hirst Landscape Architects (1641 01 rev F).

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

vii)          Surface materials proposed for private communal parking areas.

 

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.

 

9.    Road Built to Adoptable Standards

 

All new roads other than private accesses serving no more than 5 dwellings shall be built to an adoptable standard in accordance with Designing Streets and the National Roads Development Guide.

 

Reason: In the interests of road safety to ensure the provision of a road commensurate to the scale of development.

 

10. 20mph Speed Limit

 

Within 12 months of the occupation of the first dwelling house the internal road network shall have a 20mph limit.

 

Reason: In the interests of road safety.

 

11. Junction Improvements

 

Full details of improvements to the existing junction of the UC80 and the A849 shall be submitted to and approved in writing by the Planning Authority in consultation with the Road Network Manager.  This shall include resurfacing of the UC80 east footway from the junction of the development to the A849.

 

Reason: In the interests of road safety.

 

12. Visibility Splays

 

Prior to work starting on site the junction of the development access with the UC80 shall have a visibility splay of 42m x 2.4m x 1.05m.  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.

 

13. 40mph Speed Limit

 

No development shall commence until a 40mph speed limit is introduced on the A849 from the existing 30mph limit at Craignure to an agreed location west of the UC80.  Prior to the implementation of this speed limit full details of the extent of the speed limit shall be submitted to and approved in writing by the Planning Authority in consultation with the Road Network Manager.

 

Reason: In the interests of road safety.

 

14. Traffic Management Plan

 

Prior to development commencing, a Traffic Management Plan shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Engineer. The Plan shall detail the phasing of the construction elements of the development, a proposed phasing schedule of the plant and materials deliveries to site, proposed and approved access routes, agreed operational practices, and shall provide for the provision of an appropriate Code of Practice to drivers of construction and delivery vehicles. The development shall be implemented in accordance with the duly approved Traffic Management Plan unless as otherwise may be agreed in writing by the Area Roads Engineer.

 

Reason: To address traffic associated with the construction of the development in the interests of road safety and having regard to the access arrangements to the site.

 

15. Electric Vehicle Charging

 

Prior to any dwelling being occupied which has private in-curtilage parking provision,  dedicated cable ducting connecting each private residential parking space to the nearest electricity supply connection point capable of supporting the installation of a 7 kilowatt EV charging point shall be provided.

 

Prior to dwellings being occupied where communal parking is proposed, a minimum of one EV charging point for every five residential communal off street spaces shall be provided.  In addition, dedicated cable ducting shall be installed to allow all remaining communal parking spaces to be provided with a charging point in the future.

 

Reason: To ensure that the development has adequate provision for the charging of EVs in accordance with policy 34 of LDP2.

 

16. Biodiversity Enhancement Measures

 

Biodiversity enhancement measures shall be undertaken in accordance with the Biodiversity Measures document dated 11^th July 2023.  Prior to the occupation of the first dwelling further details of the proposed enhancements as detailed in this document including their design, location and timing of completion shall be submitted to and approved in writing by the Planning Authority.  Thereafter these biodiversity enhancement shall by maintained in accordance with these details.

 

Reason:  To ensure that the development includes biodiversity enhancements as required by NPF4 Policy 3.

 

17. No Permission for Care Home or Nursery

 

No permission is given or implied for the proposed nursery or care home shown indicatively on the approved site plan.

 

Reason:  For the avoidance of doubt. 

 

18. Hours of Construction

 

The permitted hours of construction works shall be restricted to 08:00 hours to 18:00 hours Monday to Friday and 08:00 hours to 13:00 hours on Saturday. No construction works shall take place outwith these hours, or on Sundays or Bank Holidays, unless the written agreement of the Planning Authority has been obtained in advance, in which case the specified operations shall be confined to activities which do not present any likely source of nuisance in terms of noise, vibration, dust or any other consequence likely to be prejudicial to the interests of residential amenity.

Reason: In order to protect the residential amenities of the area.

 

19. Affordable Housing

 

Plots 74 to 97 shall only be 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) and shall not enure for the benefit of any other person, company or organisation.

 

Reason: To ensure the provision of affordable housing to the standard required by the development plan in the absence of any other agreed means of securing such provision.

 

20. Materials

 

No development shall commence until full details /samples of materials to be used in the construction of the dwelling houses and commercial unit hereby approved 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.

 

21. Arrangements for Waste

 

No development shall commence until a waste strategy detailing how much waste

the proposal is expected to generate and detailing 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 an 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 NPF4 Policy 12 and Policy SG LDP SERV 5 (b).

 

22. Finished Floor Levels

 

No development shall commence until details of the proposed finished ground floor

level of the development relative to an identifiable fixed datum located outwith the

application site have been submitted to and approved in writing by the Planning

Authority. The development shall be implemented in accordance with the approved

details.

 

Reason: In order to secure an acceptable relationship between the development and its surroundings.

23. Phasing of Development

The development hereby approved shall be constructed in accordance with the potential phasing plan contained within the supporting Design and Access Statement (8.1 Potential Phasing, p53) unless otherwise agreed in writing with the Planning Authority.

Reason: In order to ensure that the affordable housing is delivered in a timely manner.

 

24. Prior to the commencement of development full details of water conservation measures to be included within the development shall be submitted to and approved in writing by the Planning Authority.  Thereafter the development shall be implemented with these details.

Reason: In the interests of water conservation.

 

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