Agenda item

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  Before proceeding with her presentation she advised of an email received from Mr Moncrieff attaching a video which showed water running through the site.  No commentary accompanied this video and there was no indication of when the video had been taken.

 

This application is seeking to secure Planning Permission in Principle (PPP) for a residential development on an area of land at Lonan Drive, Oban.

 

The principle of the development on this site has been established by the granting of PPP reference 18/02720/PPP following a discretionary pre determination hearing.  Whilst the previous PPP expired on 31 March 2023, it is considered to represent a material consideration in the current application which was submitted and validated within the lifetime of the previous permission and which effectively seeks to renew the original PPP.

 

The application has been the subject of 77 objections from 66 households, one representation and an objection from Oban Community Council.  Officers consider that issues and concerns expressed do not raise any matters that were not previously considered at the hearing.

 

Since the previous permission was granted, there has been no change in the main policy background within this area and there have been no material changes in circumstances in the locality or in the previously approved access or servicing arrangements which would preclude the renewal of the previous permission.

 

It was recommended that planning permission in principle be granted subject to the conditions and reasons detailed in the report.

 

Decision

 

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

 

Standard Time Limit Condition (as defined by Regulation)

 

Additional Conditions

 

1.     PPP – Matters Requiring AMSC Submission

 

Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 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 approved details.

 

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

 

Note to Applicant

 

Regard should be had to Scottish Waters consultation comments and the Oban and District Access Panels comments in relation to the proposed development, details of which are available to view via the Public Access section of the Council’s website.

 

2.     PPP – Approved Details

 

The development shall be implemented in accordance with the details specified on the original application form dated 18/12/18 and the previously approved drawings listed in the table below.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Site and Location Plan	1441 01	b	09/03/23
Indicative Site Plan & Site Sections	1440 L(--)01	g	09/03/23
Site Sections	1440 L(--)02	a	09/03/23
Road Layout at Lonan Drive	601775-DRG-0001-P1		09/03/23
Road Details at Lonan Drive	601775-DRG-0002-P1		09/03/23

 

Reason:  To accord with Regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

 

3.     PPP – Timescale to be Agreed for Completion

 

Pursuant to Condition 1 - no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority.

 

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

 

4.     PPP – Roads and Access

 

Pursuant to Condition 1 – no development shall commence until details of the proposed service road and connection with the existing public road have been submitted to and approved by the Planning Authority. Such details shall incorporate:

 

i)      A vehicular access layout providing a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984;

ii)     A turning head for the public service vehicle;

iii)    Details of the priority signage for the access into the site.

 

Prior to work starting on site, the junction with the existing public road shall be fully formed and surfaced with all access roads and footways granted consent constructed to at least base course level prior to any work starting on the erection of the buildings which they are intended to serve and the final wearing surface of the roads and footways shall be applied concurrently with the construction of the final building.

 

Reason: In the interests of road safety and to ensure the timely provision of a service road commensurate to the scale of the overall development and having regard to the status of the proposed access as a residential service road.

 

Note to Applicant:

 

Road Construction Consent under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers and a Road Bond provided prior to the formation of the access within the development site.

 

5.     PPP – Parking Provision

 

Pursuant to Condition 1 – no development shall be commenced in respect of any individual building until plans and particulars of the means of parking/turning arrangements to serve that building have been submitted to and approved by the Planning Authority. Such details shall incorporate:  

 

i)      The provision of parking and turning in accordance with the requirements of Supplementary Guidance SG LDP TRAN 6 of the adopted ‘Argyll and Bute Local Development Plan’ 2015.

 

The approved parking and turning layout to serve the buildings shall be implemented in full prior to that building first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason: In the interests of road safety.

 

6.     PPP – Sustainable Drainage System

 

Pursuant to Condition 1, no development shall commence on site until full details, in plan form, of the land drainage design for the site and details of its ongoing maintenance has been submitted to and approved in writing by the Planning Authority.  Such details shall show a drainage system designed in accordance with CIRIA C753 and Sewers for Scotland 4^th Edition.

 

Reason:  In order to safeguard the development from the possibility of flooding.

 

Note to Applicant

 

Regard should be had to JBA Consulting Ltd consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website.

 

7.     PPP – Design and Finishes

 

Pursuant to Condition 1 – no development shall commence in respect of any individual building until plans and particulars of the site layout, open space, design and external finishes of the development have been submitted to and approved by the Planning Authority. These details shall incorporate:

 

i)               A Design Statement in accordance with the advice set out in Planning Advice Note 68 which shall establish the design principles applicable to the layout of the development as a whole and design of the individual dwellings.

ii)              A statement addressing how the proposed development has been designed to be consistent with the six qualities of successful places, as defined within NPF4 Policy 14;

iii)             A statement addressing the Action Checklist for developing design contained within the Argyll and Bute Sustainable Design Guide 2006;

iv)            Local vernacular design.

 

Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended, and in order to integrate the proposed dwellinghouse with its surrounds.

 

8.     PPP – Landscaping

 

Pursuant to Condition 1 – no development shall commence 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;

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.

All physical biodiversity enhancement measures (bird nesting boxes, ‘swift bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be implemented in full before the development hereby approved is first brought into use.

 

All biodiversity enhancement measures consisting of new or enhanced planting shall be undertaken either in accordance with the approved scheme of implementation or within the next available planting season following the development first being brought into use.

 

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 interests of amenity.

 

9.     PPP – Tree Retention and Protection

 

Pursuant to Condition 1 – 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)               A survey of trees on and overhanging the site indicating the location, species, height, canopy spread and condition of each tree;

ii)              An assessment of the amenity and nature conservation value of tree groups and individual trees which shall inform the layout of the development proposed;

iii)             Details of all trees to be removed and the location and canopy spread of trees to be retained as part of the development;

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

 

The tree survey should be undertaken prior to drafting the design plan for the placement of dwellings, verges, access routes and services.

 

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.

 

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

 

10.  PPP – Japanese Knotweed Eradication Scheme

 

Pursuant to Condition 1 – no development shall commence on site until full details of a scheme for the eradication of Japanese Knotweed has been submitted to and approved in writing by the Planning Authority in consultation with the Biodiversity Officer.  The scheme shall include a timetable for implementation and clearly identify the extent of the Japanese Knotweed on a scaled plan.  Prior to construction works commencing on site the approved scheme and timetable shall be implemented in full and a validation report confirming details of the remediation treatment carried out and confirmation that the site is free of Japanese Knotweed shall be submitted to the Planning Authority.

 

Reason:  To eradicate Japanese Knotweed from the development site and to prevent the spread of this non-invasive species through development works.

 

11.  PPP – Affordable Housing

 

Pursuant to Condition 1 - no development shall commence until a scheme for the provision of affordable housing (as defined below) has been submitted to and approved by the Planning Authority. The scheme shall:

 

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

b)    Define those properties to be used as affordable homes;

c)     Establish the timing of their provision relative to the phasing of the development, which shall ensure that the last 25% of the dwellings within the development are not commenced until the affordable housing phase has been completed for occupation;

d)    Establish the arrangements to ensure the affordability of the affordable homes for both initial and subsequent occupiers (including any discount rate applicable in terms of (ii) below);

 

For the purposes of this condition ‘affordable homes’ are defined as being either:

 

i)      Social housing (rented or shared ownership or shared equity) 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);

ii)     Discounted low cost sale housing (subject to a burden under the Title Conditions (Scotland) Act 2003), or any equivalent provision in the event of the revocation and re-enactment thereof, with or without modification).

iii)    Housing for sale or rent without subsidy, which is designed to be affordable and to meet the housing needs of the majority of those households identified as in housing need in the Local Housing Strategy or Housing Market Study i.e. one or two person households on average income, with conditions attached to their missives to prevent further extension, thereby helping to ensure that they are likely to remain affordable to subsequent purchasers.

 

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.

 

12.  PPP – Ecological Surveys

 

Pursuant to Condition 1 - no development shall commence until full details of a Bat Survey and Red Squirrel Survey have been submitted to and approved in writing by the Planning Authority in Consultation with the Biodiversity Officer.  Such details shall include when the surveys are to be carried out, the methodology to be employed in both surveys and any mitigation measures, including a timetable for the implementation of mitigation measures.

 

Reason:  To prevent the disturbance of Protected Species.

 

Note to Applicant

 

Regard should be had to the Council’s Biodiversity Officers consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website.

 

13.  PPP – Peat Survey

 

Pursuant to Condition 1- no development shall commence until full details of a Peat Survey and Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with the Biodiversity Officer.  Such details shall provide details of the depth of the peat deposit on site.

 

Reason: In order to protect natural heritage assets.

 

Note to Applicant:

 

Should the survey determine the depth of peat to be in excess of 0.5 metres the applicant will require to liaise with SEPA for advice on management.

 

Regard should be had to the Council’s Biodiversity Officers consultation comments in relation to the proposed development, details of which is available to view via the Public Access section of the Council’s website.

 

14.  PPP – Open Space/Play Areas

 

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 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 the 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 provision of communal open space and equipped play areas within the development in accordance with the minimum standards set out in the Development Plan.

 

15.  PPP – Core Path

 

Pursuant to Condition 1 – no development shall commence until details for the provision of the Core Path through the development site has been submitted to and approved by the Planning Authority in consultation with the Access Officer.

 

The details shall comprise:

 

i)               The route a minimum width of 2.5 metres wide;

ii)              The route finished in a tarmacadam surface;

iii)             The route provided with dropped kerbs where it meets the road surface;

iv)             Gradients kept to a minimum to ensure the route is accessible for people of all abilities.

 

The route shall be provided in accordance with the duly approved details and maintained to the specified standards thereafter.

 

Reason:  In order to secure the retention of the existing core path in the interests of amenity

 

Note to Applicant:

 

The advice contained in the consultation response from the Council’s Access Officer in relation to application 18/02720/PPP, available to view via the Public Access section of the Council’s website, should be fully considered in the preparation of the details for the provision of the Core Path within the development.

 

(Reference: Report by Head of Development and Economic Growth dated 8 December 2023, submitted)