Agenda item

MS SHEENA FERRAND: SITE FOR THE ERECTION OF 10 DWELLINGHOUSES (AS AMENDED 23.09.22): LAND NORTH OF ACHNAGARADH, CRAIGHOUSE, ISLE OF JURA: (REF: 21/01037/PPP)

Report by Head of Development and Economic Growth

Minutes:

The Planning Officer spoke to the terms of the report. The application was originally submitted for the erection of 16 dwelling houses. Subsequent to the majority of the representations, revised plans have been secured which have reduced the scale of development to 10 dwellings. It is on this basis that the proposed development has been assessed.

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

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)

 

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

1

PPP - Approved Details & Standard Notes – Non EIA Development

 

Plans and particulars of the matters specified in conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 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.

 

 

2.

PPP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 12.05.2021, 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 maps and croft plan

599/01

 

04.10.2023

Site Survey Plan

599/03

 

29.09.2023

Revised floor levels houses 9 and 10

 

1 of 2

19.01.2024

 

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

 

 

 

3

PPP - Provision of Adoptable Standard Service Road

 

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 junction with the existing public road formed with visibility splays of  2.40 metres to point X by 75 metres to point Y formed from the centre line of the junction;

 

iii)            A bus bay to be incorporated into the junction design with hardstanding on constructed opposite the junction to provide for a bus drop off point;

 

iv)            The junction of adoptable standard development road is to be sited no closer than 25 metres from the nearest existing junction;

 

v)             The development road is to have either 2.00 metre wide footways or 2.00 metre wide service strips;

 

vi)            The development road is to be no less than 5.50 metres wide;

 

vii)          A turning head for the public service vehicle at the end of the adoptable standard road;

 

viii)         Roads design to incorporate Sustainable Urban Drainage (SuDS);

 

ix)            Hardstanding for the provision of two grit bins;

 

x)             Details for the provision of two village gateway signs to erected on the public road;

 

xi)            Details for the provision of pedestrian on road signage to be provided and erected between the development site;

 

xii)          Details for the provision of the existing public road verge to be widened out to provide safe step offs for pedestrians between the development and Craighouse School;

 

xiii)         Details for the provision of road name signs.

 

Prior to work starting on site, the junction with the existing public road shall be fully formed and surfaced and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The visibility splays shall be maintained clear of all obstructions thereafter.

 

All access roads, footways and step offs granted consent shall be 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, footways and step offs 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.

 

 

4.

PPP – Access/Parking/Turning for Multiple Buildings served by an Adoptable Road

 

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

 

i)               Means of vehicular access to that building from the service road shall be formed with  junctions of 90 degrees with visibility splays of  2.40 metres to point X by 25 metres to point Y formed from the centre line of the junction or provision of 2.5m by 5m parking bays located behind any footway/service strip;

 

ii)              The provision of parking and turning in accordance with the requirements of policy LP TRAN 6 and Appendix C of the Argyll and Bute Local Development Plan 2015.

 

The approved means of vehicular access to the building shall be implemented in full prior to the commencement of construction of the development which the access is intended to serve and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the junction at point X to a point 0.6 metres above the public road carriageway at point Y. The visibility splays shall be maintained clear of all obstructions thereafter.

 

The approved parking and turning layout to serve the building 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.

 

Note to Applicant: 

 

Any parking bays provide will not be adopted.

 

5.

PPP BUILDING SITING, DESIGN & FINISHES – MULTIPLE BUILDINGS

 

Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes of the development for up to 10 dwellings within that plot have been submitted to and approved by the Planning Authority. These details shall incorporate:

 

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

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

iii) Local vernacular design;

iv) Maximum of 1.5 storeys in design;

v) Rectangular footprint no greater than 100 square metres;

vi) External building span no greater than 15 metres;

vii) Symmetrically pitched roof angled between 37 and 42 degrees finished in natural slate or good quality artificial slate;

viii) External walls finished in natural stone or wet dash render or, a mixture of both;

ix) Details of finished ground floor levels relative to an identifiable fixed datum located outwith the application site;

x) Windows to have a vertical and symmetrical orientation.

xi) A design and site layout that reflects the findings of survey work associated with condition no 11 below, relating to reptile, amphibians, and bat roost(s), including biodiversity enhancement measures.

 

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.

 

Note to applicant: The application lies with an NSA wherein the ability to achieve a development that respects this designation is dependent on a comprehensive and coherent high quality layout and design for the site as a whole. This should be reflected in any submission to meet the terms of this AMSC, with pre-submission discussions with planning officers strongly encourage to help achieve this objective.

 

6.

PPP – Full Landscaping Scheme

 

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.

vii)          Identified areas of strategic landscaping with details of proposed management arrangements; to include areas to the eastern section of the site and land to the north of the application site as a minimum.

 

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

Note to applicant: The application lies with an NSA wherein the ability to achieve a development that respects this designation is dependent on a comprehensive and strategic high quality landscaping scheme with management arrangements. This should be reflected in any submission to meet the terms of this AMSC with pre-submission discussions with planning officers strongly encourage to help achieve this objective.

 

 

7.

PPP – 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.

 

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.

 

 

8.

PPP – Archaeological Watching Brief

Pursuant to Condition 1 - no development or ground breaking works shall commence until a method statement for an archaeological scheme of investigation has been submitted to and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service. The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

Reason: In order to protect archaeological resources.

 

 

9

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.

 

 

10

Prior to the commencement of development, a pre-construction survey shall be carried out in respect of otters to checks for any new holts or resting places that may have become occupied after the original survey.  This pre-construction survey should be completed as close to the construction period as possible and no more than 3 months before the start of work.  Full details of the pre-construction survey shall be submitted to and approved in writing by the planning authority prior to the commencement of development.

 

 

11

PPP– Pre-commencement Survey

 

No development or other work shall be carried out on the site until a pre-commencement survey for the presence of reptile, amphibians, and bat roost(s) 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 the interests of protected species and nature conservation.

 

 

12

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. The CEMP shall inform the production of construction method statements, and shall specify the siting of working areas, management practices and measures to prevent pollution of the water environment.  The CEMP shall also include a project specific Surface Water Management Plan with appropriate protocols in place for the prevention of pollution entering the sea during construction.

The SWMP shall identify all waste streams arising from construction and proposals for their mitigation, including materials excavated on site and shall also provide details of the proposed arrangements for the storage, segregation, collection and recycling of waste arising during the operational phase of the development.   The CEMP shall also include otter mitigation as detailed in section 5.0 of the Otter Survey Report undertaken 26th July 2021 and provision for pre-start walk overs to check for ground nesting birds.

Reason: In the interests of pollution prevention, sustainable waste management and protected species.

 

13

No development shall commence until full details of a scheme for the eradication of Rhododendron Ponticum has been submitted to and approved in writing by the Planning Authority. The scheme shall include a timetable for implementation and clearly identify the extent of the Rhododendron Ponticum on a scaled plan.

The scheme shall be implemented in accordance with duly approved details, and prior to the commencement of development, a validation report confirming details of the remediation treatment that has been carried out and that the site is free of Rhododendron Ponticum shall be submitted to and approved in writing by the Planning Authority.

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

 

 

14

 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

 

 

15

PPP – Tree Retention and Protection

 

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 and canopy spread 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 of each tree in accordance with BS 5837:2005 “Trees in Relation to 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.

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

 

 

16

PPP – Availability of Connection to Public Water Supply

 

No development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply.  Confirmation of authorisation to connect shall be provided in writing to the Planning Authority before commencement of development.

Reason:  To ensure that the development is adequately served by a public water supply.

 

Note to Applicant:

In the event that a public water supply connection cannot be obtained an alternative private water supply would constitute a material amendment requiring the submission of a further planning application.

 

 

17

PPP – Details of New Private Foul Drainage System

 

Pursuant to Condition 1 – no development shall commence until details of the proposed means of private foul drainage to serve the development have been submitted to and approved by the Planning Authority.

 

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.

 

Reason: To ensure that an adequate means of foul drainage is available to serve the development.

 

Note to Applicant:

Private drainage arrangements are also subject to separate regulation by Building Standards and SEPA.

 

(Reference: Report by Head of Development and Economic Growth dated 1 February 2024, submitted)

 

Supporting documents: