Agenda item

Report by Head of Development and Economic Growth

The Planning Officer spoke to the terms of the report.  This application site lies within an area identified as ‘Countryside Area’ where Policy 02 of LDP2 gives a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2.

 

The site lies within a designated Local Landscape Area (formerly Area of Panoramic Quality) where LDP2 seeks to promote a flexible approach to small scale development in the Countryside through Policies 02 and 71.

 

A total of 44 objections and 6 expressions of support have been received in respect of this application. There have been no objections received from statutory consultees.  The main concerns raised by objectors relate to biodiversity, water and drainage, noise and light emanating from the site and construction vehicles entering the site.  It is the opinion of Planning Officers that a suite of safeguarding conditions can address these concerns raised.  It is not considered that the objections raise any complex or technical issues that have not been addressed in the report of handling and it is not considered that a discretionary hearing would add value to the planning process.

 

The proposed development is considered to be consistent with the provisions of both the adopted National and Local Policy 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

 

1.    PP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 25.10.2021; 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
Site Plan As Existing	10/010	Rev A	18.03.2024
Site Plan as Proposed	20/001	Rev E	18.03.2024
Site Plan as Proposed 1:500	20/001
Site Plan as Proposed 1:5000	20/001	Rev E	18.03.2024
Farmhouse & Barn Plan As Existing	20/001	Rev B	18.03.2024
Farmhouse & Barn Elevations As Existing	20/001	Rev A	01.12.2021
Farm Guesthouse  Barn Elevations as Proposed	20/001	Rev C	18.03.2024
Farmhouse & Barn Plan as Proposed	20/001	Rev C	18.03.2024
Drainage and water supply layout	21-017-20	Rev C	18.03.2024
Landscape Planting Plan			18.03.2024
Cottage A1 Elevation as Proposed	20/001	Rev A	18.03.2024
Cottage A1, Plan as Proposed	20/001	Rev A	18.03.2024
Cottage A2 Elevations as Proposed	20/001	Rev A	18.03.2024
Cottage A2 Plan as Proposed	20/001	Rev A	18.03.2024
Cottage C Elevations as Proposed	20/001	Rev A	18.03.2024
Cottage C Plan as Proposed	20/001	Rev A	18.03.2024
Section as Proposed	20/001	Rev E	18.03.2024
Rendered Visualisations			18.03.2024

 

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

 

2.    PP – Vehicular Access

 

No development shall commence until plans and particulars of the means of vehicular access to serve the development have been submitted to and approved by the Planning Authority in consultation with the Roads Authority. Such details shall incorporate:  

 

i)      Details of upgrades to the existing private access track (within ownership control of the applicant) with intervisible passing places required at intervals of no more than 150m.Track width to be a minimum of 3.7m. Level 2m verge/step off on one side of track required;

ii)     Total length of unpaved access track (within ownership control of the applicant) surface requires upgrade including grading/leveling of surface, voids, potholes, rutting to be filled, levelled and compacted, using bituminous bound material and regularly maintained as required;

iii)   Details of parking and turning for two vehicles for each of the proposed self catering units; parking and turning for three vehicles for the farmhouse and 2 for the barn conversion:

iv)   Details of a turning head to Figure 18 of the Roads Development Guide to be provided within the farm yard area

 

The upgrades to the existing private access track (within ownership control of the applicant) shall be completed prior to the development first being brought into use.

 

Reason: In the interests of road safety.

 

3.    PP – 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.

 

Note to Applicant:

 

Regard should be had to SEPA’s consultation comments in relation to the proposed development.

 

4.    PP – Landscaping Scheme and Biodiversity Enhancement Measures

 

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; Details shall include tree protection measures to ensure that the trees which are located along the boundary of the eastern side of plot 7 are retained and maintained in perpetuity.

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 programme for the timing, method of implementation, completion and subsequent on-going maintenance;

vi)   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.

 

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 interest of amenity and in order to comply with the requirements of NPF4 Policy 3.

 

Note to Applicant

 

The applicant is advised to observe the content of the consultation response which has been received from the Councils Biodiversity Officer.

 

5.    PP – Finishing Materials

 

Notwithstanding the effect of Condition 1, no development shall commence until written details of the proposed external finishing materials to be used in the construction of the proposed development including details of the proposed decking 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 – Private Water Supply

 

No development shall commence until an appraisal of the wholesomeness and sufficiency of the intended private water supply and the system required to serve the development has been submitted to and approved in writing by the Planning Authority.

 

The appraisal shall be carried out by a qualified hydrologist and shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 which shall inform the design of the system by which a wholesome and sufficient water supply shall be provided and maintained. The appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development.

 

The development shall not be brought into use or occupied until the required water supply system has been installed in accordance with the agreed specification and is operational.

 

Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies.

 

Note to Applicant:

 

Regulatory requirements for private water supplies should be discussed with the Council’s Environmental Health Officers in the first instance.

 

7.    PP – Outdoor Access Plan

 

No development shall commence until a detailed Outdoor Access Plan of public access across the site (as existing, during construction and following completion) has been submitted to, and approved in writing by, the Planning Authority. The plan shall include details showing:

 

i)      All existing access points, paths, core paths, tracks, rights of way and other routes (whether on land or inland water), and any areas currently outwith or excluded from statutory access rights under Part One of the Land Reform (Scotland) Act 2003, within and adjacent to the application site;

ii)     Any areas proposed for exclusion from statutory access rights, for reasons of privacy, disturbance or effect on curtilage related to proposed buildings or structures;

iii)   All proposed paths, tracks and other routes for use by walkers, riders, cyclists, all-abilities users, etc. and any other relevant outdoor access enhancement (including construction specifications, signage, information leaflets, proposals for on-going maintenance etc.);

iv)   Any diversion of paths, tracks or other routes temporary or permanent, proposed as part of the development (including details of mitigation measures, diversion works, duration and signage).

 

The approved Outdoor Access Plan, and any associated works, shall be implemented in full prior to the first occupation of the development or as otherwise may be agreed within the approved plan.

 

Reason: In order to safeguard public access both during and after the construction phase of the development.

 

Note to Applicant:

 

The applicant is advised to observe the consultation response which has been received from the Council’s Access Manager.

 

8.    PP – Contaminated Land

 

No development shall commence until an assessment of the condition of the land has been undertaken, submitted and approved in writing by the Planning Authority.  The assessment shall determine the nature and extent of any contamination on the site and identify any potential risks to human health, the water environment, property or designated ecological sites.

 

Where contamination is identified, then a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared and be subject to the approval in writing of the Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

Any approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development with the exception of those actions required to carry out remediation unless otherwise agreed in writing by the Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation must be produced, and is subject to the approval in writing of the Planning Authority.

Reason:  In order to ensure that contamination issues on the site have been fully investigated and remediated.

 

Note to Applicant:

 

Regulatory requirements for land contamination issues should be discussed with the Council’s Environmental Health Officers in the first instance.

 

The floating jetty shall be used solely for recreational purposes by the residents of Rockhill Farm Estate and for no commercial purposes.

 

Reason:  To define the permission on the basis of the Planning Authority’s assessment of the use applied for.

 

9.    That the Farm Guesthouse (1) and Barn Conversion (4), as annotated on Drawing No 20/001, Rev E – Site Plan As proposed, shall not be subdivided and used solely for the provision of 2 separate self catering holiday letting units.

 

Reason:  To define the permission on the basis of the Planning Authority’s assessment of the use applied for.

 

10. PP– Short Term Residential Accommodation (e.g. Holiday Letting)

 

Notwithstanding the provisions of Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the residential accommodation hereby approved shall be used for short term holiday occupancy only and not as a main residence and shall not be occupied by any family, group or individual for a cumulative period of more than three calendar months in any one year. A register showing dates of arrivals and departures shall be maintained at the premises and shall be available at all reasonable times for inspection by the Planning Authority.

 

Reason: To define the permission on the basis of the Planning Authority’s assessment of the use applied for.

 

Note to Applicant:

 

• For the avoidance of doubt this permission only provides for the occupation of the premises on a short term basis on the grounds that the development is unsuited to full time residential occupation. Specifically the occupation of the premises as a dwelling shall require the benefit of a separate planning permission.

 

11. PP – Site Waste Management Plan

 

No development shall commence until a detailed Site Waste Management Plan (SWMP) during construction has been submitted to, and approved in writing by, the Planning Authority. The plan shall include details for the management of pollution prevention monitoring and mitigation measures for all construction activities

 

The approved SWMP shall be implemented in full prior to the first occupation of the development or as otherwise may be agreed within the approved plan.

 

Reason:  In order to ensure that effective provision for waste/recycling is provided.

 

12. No development shall commence until full details of any external lighting to be used within the site has been submitted to and approved in writing by the Planning Authority. Such details shall include the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

 

No external lighting shall be installed except in accordance with the duly approved scheme.

 

Reason: In order to avoid light pollution in the interest of amenity.

 

Note to Applicant:

 

All external lighting should be designed in accordance with the Scottish Government’s Guidance Note “Controlling Light Pollution and Reducing Light Energy Consumption” 2007, Annexes A and B. Site specific advice may be obtained by contacting the Council’s Environmental Health Officers.

 

13. Notwithstanding the provisions of Condition 1, co construction plant and/or machinery shall be operated on the site outwith the following times:

 

• Monday to Friday: 08:00-18:00
• Saturday: 08:00-13:00
• Sunday: No noisy work to be carried out at any time

 

Reason: In order to protect the amenity of the area in terms of nuisance.

 

(Reference: Report by Head of Development and Economic Growth dated 7 August 2024, submitted)