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