Agenda item

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.   This proposal seeks detailed planning permission for the erection of a 1½ storey dwellinghouse and a single storey detached garage with the minor settlement of Muasdale.

 

The proposal has been subject to representation from 10 individuals raising concern on a variety of matters that include impacts upon road safety, public access, impact on landscape/visual amenity and impact on biodiversity.  There have been no objections received from any statutory or non-statutory consultees.

 

The site has previously benefitted from planning permission in principle for the erection of a dwellinghouse, however, these permissions pre-dates the current Development Plan and has been allowed to lapse unimplemented.

 

Notwithstanding the concerns raised by third parties, the proposal is considered to be consistent with the relevant provisions of the Development Plan (NPF4 and LDP2) and 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:

 

Standard Time Limit Condition (as defined by Regulation)

 

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

PP - Approved Details & Standard Notes – Non EIA Development

 

1.     The development shall be implemented in accordance with the details specified on the application form dated 12.07.2023, 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	Herrod 23/100-01	Rev A.	13.07.2023
Site Plan	Herrod 23/100-02	Rev B.	07.02.2024
Floor Plans and Elevations of Dwellinghouse	Herrod 23/100-03	Rev A.	13.07.2023
Floor Plans and Elevations of Detached Garage	Herrod 23/100-04	Rev A.	13.07.2024

 

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

 

2.     PP – Timescale to be Agreed for Completion

 

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.

 

3.     PP – Access, Parking and Turning As Shown

 

The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles. Notwithstanding the details on the approved plans, the access arrangements shall be implemented to accord with the following requirements with the submission of further information for approval as specified:

 

a.     Prior to the occupation of the development, the existing access on the A83 Trunk Road shall be upgraded, generally in accordance with Herrod drawing No. 23/100-02 Revision B dated 30.09.2023, to the satisfaction of the planning authority, after consultation with Transport Scotland.

 

b.     The first 5 metres from the edge of the A83 trunk road shall be surfaced in a bituminous surface and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.

 

c.     Prior to the commencement of development, details of the fencing / barrier proposals along the trunk road boundary shall be submitted to, and approved by, the planning authority, after consultation with Transport Scotland and thereafter implemented prior to commencement of operation. The fencing / barrier proposals shall be located such that they can be erected and maintained from within the development without requiring access to the trunk road.

 

Reasons: In the interest of road safety; to ensure that the standard of access layout complies with the current standards and that the safety of traffic on the trunk road is not diminished; to ensure that drivers of vehicles leaving the site are enabled to see and be seen by vehicles on the trunk road carriageway and join the traffic stream safely; to ensure that material from the site is not deposited on the trunk road to the detriment of road safety; to ensure that the efficiency of the existing drainage network is not affected; to minimise the risk to pedestrians and animals gaining  uncontrolled access to the trunk road with consequential risk of accidents.

 

4.     No built development should take place below existing ground level of 3.76mAOD.

 

Reason: In order to prevent unacceptable flood risk to people and property. To ensure a precautionary approach to flood risk and to ensure the longevity and future resilience of the development of the site to climate change and sea level rise by promoting flood risk avoidance as set out in Policy 22 of NPF4.

 

5.     PP – Submission of Details of Materials

 

Notwithstanding the effect of Condition 1, no development shall commence until written details of the type and colour of materials to be used in the construction of external walls, roofs, windows and doors 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.

 

6.     PP – Full Landscaping Scheme

 

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)              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.

 

In the interests of biodiversity retention/enhancement, the proposed landscape scheme should include consideration of the retention of the existing hedgerow along the eastern and southern boundaries of the site in so far as this may be practicable to comply with the requirements of condition 3. Which requires the formation of visibility splays and agreement of boundary treatment along the edge of the A83(T) with Transport Scotland.

 

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, and to comply with the requirements of NPF4 Policy 3.

 

7.     PP – Surface Water Drainage – No further detail required

 

Notwithstanding the provisions of Condition 1, the development shall incorporate a surface water drainage system which is consistent with the principles of Sustainable urban Drainage Systems (SuDS) compliant with the guidance set out in CIRIA’s SuDS Manual C753. The requisite surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

 

Reason: To ensure the provision of an adequate surface water drainage system and to prevent flooding.

 

(Reference: Report by Head of Development and Economic Growth dated 6 June 2024, submitted)