Agenda item

Report by Head of Planning and Regulatory Services

The Head of Planning and Regulatory Services advised that the proposal was required to amend a previous permission granted in 2008.  The proposal conforms with the requirements of the Local Plan Policies and that there were no material considerations to suggest anything other than approval.  He commented that there was a Section 75 Agreement in place for permission ref 07/02508/DET which would be required to be altered to reflect the change in number of flats and the addition of dwellinghouses and to allow the affordable housing objective to be met.  There had been no objections from either Statutory Consultees or the public and he recommended that the application be approved.

 

Decision

 

Agreed to grant planning permissions subject to (a) the alteration of the original Section 75 Agreement (07/02508/DET) to reflect the changes to the number of flats, the addition of four dwellinghouses and to allow the affordable housing objective to be met by the sale of the site of one block of 24 flats to a RSL (Registered Social Landlord) and (b) that the affordable housing element (Block A) should be implemented prior to the completion of Block B.  The following conditions and reasons were also endorsed:-

 

1.        That the development to which this permission relates must be begun within three years from the date of this permission.

      

Reason: In accordance with Section 58 of the Town and Country Planning (Scotland) Act 1997.

 

2.        The development shall be implemented in accordance with the details specified on the application form dated 16^th April 2010 and the approved drawing reference numbers:  2634/P/102 RevA, 2634/P/101, 2634/P/200 RevC, 2634/P/201 RevC, 2634/P/300, 2634/P/301, 2634/P/302, 2634/P/303 RevA, 2634/P/304, 2634/P/305, 2634/P/500 RevA, 2634/P/501, 2634/P/503, 2634/P/901, 2634/P/902, Flood Risk and Surface Water Drainage Impact Assessment Report by Dougal Baillie Associates dated February 2010 including drawings and details contained in Appendices A to H (or as amended), 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.

 

3.        Within one year of any work commencing on site, the applicant/developer shall provide an equipped children’s play area (as shown on Proposed Site Plan 1:500 drawing no. 2634/P/200 Rev C and 1:200 Proposed Site Plan drawing no. 2634/P/201 RevC) that shall be completed and ready for use.  Prior to any works commencing on site full details shall be submitted in writing for the approval of the Planning Authority in respect of play equipment, seating, landscaping, boundary treatment and maintenance/ factoring of this area.

 

Reason: In order to provide on-site play provision for the proposed development.

 

4.    No development, including any site works, shall commence until the written agreement of Scottish Water has been received confirming that the site foul drainage system can be connected to the public sewerage system, unless otherwise agreed in writing by the planning authority.

 

Reason:  In order to provide for sustainable development of the site, and to avoid any unacceptable adverse impact on the water environment.

 

5.        Prior to the commencement of any construction works, the following information to supplement the submitted ‘Flood Risk and Surface Water Drainage Impact Assessment Report’ by Dougal Bailie Associates dated February 2010 shall be submitted for the prior written approval of the Planning Authority in consultation with the Council’s Flood Alleviation Manager. Such details shall include :

·           Details of access to intakes MH1, MH2 and MH4 which should have a platform at the end of the access with a handrail;

·           Detail of intakes showing horizontal section of intake grill 900mm long;

·           Details of flow path should intake MH1 overtop;

·           Confirmation of maintenance procedures for surface water drainage systems, SuDS, watercourses, surface water outfalls and intakes and that the property owners will be responsible for the maintenance of these systems.

 

       Reason: To avoid potential for flooding at the site in the interests of health and amenity.

6.  The drainage proposals as detailed in the submitted Flood Risk and Surface Water Drainage Impact Assessment Report by Dougal Bailie Associates dated February 2010 including drawings and details contained in Appendices A to H (or as amended) shall be fully implemented prior to the occupation of the first flat or dwellinghouse, or such other timescale as may be agreed in writing with the Planning Authority.

 

      Reason:  In order to provide for a sustainable drainage scheme for the development.

7.   Prior to the commencement of any site works, a preliminary contaminated land assessment, carried out by a competent person, shall be undertaken and submitted to the Planning Authority. The assessment should be sufficient, given the past use(s) of the site, to demonstrate the likely presence or absence of contaminants and their nature and make recommendations for further investigation if needed to quantify any hazards posed.

 

Reason:  In the interest of public health and amenity as previous site uses may have resulted in contamination which may pose a hazard to the proposed residential development. 

 

8.   Where the preliminary investigation has concluded that contamination is present and may pose a hazard to the development, a secondary assessment, carried out by a competent person, shall be undertaken and submitted to the Planning Authority prior to the commencement of any site works. The assessment should seek to define any risks to the development posed by contamination, and make recommendations as to the requirement for any actions necessary to render the site suitable for the proposed use. The recommendations shall be agreed in writing by the Planning Authority, prior to the commencement of any site works. 

 

       Reason:   In the interest of public health and amenity as previous site uses may have resulted in contamination which may pose a hazard to the proposed residential development. 

 

9.   Where the secondary investigation has indicated that action is necessary to render the site suitable for the proposed use, a remediation plan shall be devised by a competent person and submitted to the Planning Authority, prior to the commencement of any site works. The plan shall include details of the methodology that will be employed to demonstrate that the site will be rendered suitable for the proposed use.

      Reason: In the interest of public health and amenity.

 

10. The remediation works shall be carried out as detailed within a remediation plan, unless otherwise agree, in writing, with the Planning Authority. Upon completion of remediation works a completion certificate shall be issued, by a competent person, certifying that the works identified within the remediation plan have been carried out in accordance with the plan.

      Reason: In the interest of public health and amenity.

 

11. Prior to the commencement of any construction works, samples of all external finishes (including car park surfaces) and roof coverings shall be submitted for the written approval of the Planning Authority. The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing with the Planning Authority.

 

                     Reason: In the interest of visual amenity and to help integrate the proposal within its surroundings.

 

12. The access serving this site shall be a Road over which the public has a right of access in terms of the Roads (Scotland) Act 1984, and shall be constructed in consultation with the Council’s Area Roads Manager, unless the prior consent for variation is obtained in writing from the Planning Authority.

 

Reason: In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

 

13. Prior to the construction of any of the flats or dwellinghouses hereby approved or such other timescale as may be agreed in writing with the Planning Authority, the proposed vehicular access shall be constructed to adoptable standards as per the Council’s Development Guidelines and shall be ‘fit for purpose’ for existing users at Kirn Hunters Quay Bowling Club and Cowal Indoor Bowling Club. The access shall have a minimum radius of 6 metres, width 5.5 metres and 2 metre wide footway/service strip on both sides with a turning area at or near the end of the road.

 

Reason: In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

 

14. Prior to the first occupation of any of the flats or dwellinghouses hereby approved, the car parking area for 24 vehicles serving Block B and the terraced block as shown on approved site plan drawings  2634/P/200 RevC and 2634/P/201 RevC, shall be provided together (unless otherwise agreed in writing with the Planning Authority) and the northernmost 12 no spaces identified on this plan suitably surfaced in ‘grasscrete’ (or other similar material that may be agreed with the Planning Authority) and thereafter be retained in perpetuity for such a dedicated purpose.

 

Reason: In the interest of traffic and pedestrian safety and to ensure suitable car parking provision for the development that will be surfaced to integrate with the surroundings in terms of visual amenity.

 

15.   Prior to the occupancy of any of the flats or dwellinghouses hereby approved, the vehicular accesses onto Ardenslate Road and internal access shall be formed with sightlines of 90 metres in each direction formed from a 2.5 metres setback. No obstruction to visibility shall be permitted thereafter within these visibility splays above a height of 1.0 metres from the level of the highway.

 

Reason: In the interests of road safety and to ensure that appropriate sightlines can be  achieved and maintained.         

 

16.    No development (including any land engineering works or any associated operations) shall take place within the site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken in consultation and agreement with the West of Scotland Archaeology Service.

 

Reason: In order to allow the recovery and recording of any finds of archaeological significance.

 

17.    No downpipes, burglar alarms, balanced flue extracts, meter boxes or service pipes shall be installed on the front elevations (south) on all of the flatted blocks, unless otherwise agreed in writing with the Planning Authority.

 

          Reason: In order that such external fittings do not detract from the appearance of the building.

18.    Prior to the commencement of any construction works, a detailed landscaping and tree planting scheme shall be submitted to the Planning Authority for approval. The scheme shall provide for a high quality scheme that shall include all landscaping including tree planting, shrub planting, hedges and soft/hard landscaping proposals for the site including all communal areas including details of the management and maintenance regime. The landscaping scheme, as may be approved, shall be fully implemented no later than the first planting and seeding season following the commencement of the development and thereafter shall be maintained for a period of ten years. Any losses of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage, shall be replaced with equivalent species within one growing season.

 

                           Reason: In the interest of visual amenity and to help integrate the proposal into its surroundings.

19.    Notwithstanding any details submitted, and prior to the commencement of any construction works a detailed scheme indicating a common boundary treatment to the flatted development shall be submitted for the written approval of the Planning Authority. The scheme shall be provided around all communal open space areas (including car parking areas and bin shelters) and shall provide for a natural hedge and/or stone boundary wall that shall be consistent throughout in terms of height, material and appearance and implemented commensurate with the development of the individual dwellinghouse(s). Thereafter and notwithstanding the provision of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no fence or wall shall be erected fronting the new road without the prior written approval of the Planning Authority.

 

   Reason: In the interests of visual amenity and to help integrate the proposal into the surrounding townscape setting and in terms of health and safety.

 

20.     Prior to any construction works on site, full details (in respect of design and materials) of all proposed bin stores, cycle shelters, screening of electricity sub-station and any seating areas shall be submitted to and approved in writing by the Planning Authority.

 

Reason:  No such details having been submitted.

 

21.     Prior to any construction works on site, full details of a public art scheme(s) at the entrance to and within the development, shall be submitted to and approved in writing by the Planning Authority. The duly approved scheme shall be implemented prior to the first occupation of the last of the units to be occupied. 

 

                           Reason: In the interest of visual amenity and to create a sense of place.

22. No works shall commence until further details including a timetable for ground engineering works has been submitted to and approved by the Planning Authority. Such details shall include confirmation and extent of soil redistribution and regarding of fairways and other land within Cowal Golf Course included within the application boundary. Given potential contamination on parts of the existing site close to the green keeper’s buildings, no soil or material shall be moved around the site until the contamination conditions above have been formally discharged and subsequent details of earthworks submitted for consideration.

 

Reason: As no details have been submitted and to avoid redistribution of potential contaminated material.  

 

(Ref:  Report by Head of Planning dated 24 September 2010, submitted)