Report by Head of Development and Economic Growth
Minutes:
The Planning Officer spoke to the terms of
the report. He advised of a correction
to the report of handling in respect of comments submitted by Environment
Health and stated that these comments detailed within the report did not have
the status of a full consultation response and related to an informal communication
between Officers.
The proposed development is a partial change
of use where a total of some 60m² of floor space is proposed to be used as a
retreat centre to learn meditation and mindfulness with spiritual
teaching. The proposed use will operate
with weekly programmes largely within the hours of 9.30 -16:30 with occasional
evening use within the hours 19:00 – 21:30.
The site is located within the residential
area in the settlement of Rhu. A total
of 19 representations have been received, 4 in support and 15 objections, the
details of which were contained within section F of the report.
It was considered highly likely that the
proposal would result in an inadequate level on-site car parking provision
leading to increased demand for car parking in non-designated parking areas,
private roads and public roads within the locality to the detriment of highway
safety and the free-flow of traffic. In the absence of adequate information to
demonstrate otherwise, Officers consider that the proposal is contrary to the
provisions of NPF 4 Policy 13; the adopted LDP – 2015 Policy LDP 11 and SG LDP
TRAN 4 and SG LDP TRAN 6; and LDP 2 Policy 40.
Officers also considered that the proposal
was an inappropriate use in a residential context and was contrary to the
provisions of LDP Policy 8 and 9, SG LDP BAD 1 and Proposed LDP2 Policy 14.
It was therefore recommended that planning
permission be refused for the reasons detailed in the report of handling.
Decision
The Committee agreed to refuse planning
permission for the following reasons:
1. Argyll and Bute
Local Development Plan – Adopted 2015 Policy LDP 8 and SG LDP BAD 1 – Bad Neighbour Development and the
emerging Proposed Argyll and Bute Local Development 2 Policy 14 serves to
resist any proposal that would have an unacceptable adverse impact upon the
amenity of neighbouring land uses resulting from noise, vibration, etc. In
addition Policy LDP 9 – Development
Setting, Layout and Design seeks to ensure that a high standard of
appropriate design that is compatible with the surroundings. It is considered
that the nature and scale of the proposal which is a non-residential institutional
use, proposed to have week-long courses for groups of 12-15
teachers/students/practitioners within two rooms of a 2-bedroom flat contained
in a block of 9 no. residential units is inappropriate. This is due to the
access to the proposed teaching/retreat use from the grounds of the building,
being via a communal hallway and stairwell shared with a number other
residential properties. The flat subject of the application is located on the
first floor, with other flats located directly above and below it. No
information has been submitted to date with regard to the construction
specification of the floor zones between these flats, or the sound insulation
performance of the floor construction. In addition, no sound surveys between
the flats has been submitted in support of the application. There is a conflict
with existing homogenous residential use and potential significant adverse
impact on residential amenities. Therefore, this proposal is inappropriate use
in a residential context and is contrary to the provisions of LDP Policy 8 and
9, SG LDP BAD 1 and Proposed LDP 2 Policy 14.
2. Argyll and Bute
Local Development Plan – Adopted 2015 Policy 11 and SG LDP TRAN 6; and the
emerging Proposed Argyll and Bute Local Development Plan 2 Policy 40 serve to
require that proposed development that will result in an intensification of
traffic and demand for car parking will only be supported where the proposed
development includes adequate on site car parking to accommodate all existing
car parking demand, and any intensification of demand by virtue of the
development proposal. It is considered that the proposed partial change of use
from a 2 bedroom residential flat to a commercial use comprising a retreat
centre to teach and practice spiritual disciplines including meditation and
mindfulness by means of weekly programmes for groups of 12-15 participants
during the hours of 9.30-4.30, with the occasional evening use 7-9.30, will
result in a substantial intensification of traffic using the existing
public/private access regime and on site car parking provision. Whilst the
applicant has suggested that groups attending the sessions will be bussed in
and out of the premises using a mini-bus or similar, officers do not consider
that this is a sufficiently robust justification for accepting development that
appears, on the basis of information submitted, to be deficient in car parking
spaces with reference to the Council’s adopted standards. The supporting
information indicates that there are 15 no. existing spaces however this cannot
be verified from the drawings submitted and it is not clear that all of these
spaces are within the ownership or control of the applicant. Existing parking
provision would be based on an application of the standards for residential
units i.e the number of residences and the number of
bedrooms that each residence has. The adopted standard is 1½ spaces per
1-bedroom unit, 2 spaces per 2-3 bedroom unit; and 3 spaces per unit with 4 or
more bedrooms. The applicant has submitted inadequate information to allow an
assessment of the number and location of existing on-site parking spaces to
meet the current demand. The adopted parking standards relative to a
non-residential institution use is 1 space per two staff plus 3 spaces per 100m2.
The application drawings show approximately 75m2 of floorspace to be
used for teaching/meditation, which would result in a minimum requirement for 1
additional parking space, plus a further space per two staff members, including
visiting teachers. However, as the supporting information advises, it is intended
that the rooms be used by groups of up to 15 people at a time, which will
result in a significantly higher demand for car parking provision than an
application of the adopted standards. The information submitted does not
demonstrate to the satisfaction of the planning authority that the proposal can
provide adequate space for car-parking and manoeuvring within the site to
accommodate the current demand for car parking, plus the intensified demand
likely to result from the proposed change of use with regard to adopted
standards. It is considered highly likely that the proposal would result in an
inadequate level on-site car parking provision leading to increased demand for
car parking in non-designated parking areas, private roads and public roads
within the locality to the detriment of highway safety and the free-flow of
traffic. In the absence of adequate information to demonstrate otherwise,
officers consider that the proposal is contrary to the provisions of NPF 4
Policy 13; the adopted LDP – 2015 Policy LDP 11 and SG LDP TRAN 4 and SG LDP
TRAN 6; and LDP 2 Policy 40.
(Reference: Report by Head of Development and
Economic Growth dated 7 December 2023, submitted)
Supporting documents: