Report by Head of Planning and Regulatory Services
Minutes:
The Principal Planning Officer advised that the application had been made in order to extend an existing consent for a one year period to assist with disposal of the site by the liquidators. He explained that since the original application had been approved, requirements for visibility had reduced and that more significantly, the introduction of requirements for affordable housing provision, in terms of the Local Plan had come into effect. He advised that there were no objections from any consultees and although there were 17 objections, these largely related to the principle of development which had already been accepted by the Council. He invited the Committee to approve the application as a minor departure to Policy HOU 2 of the Local Plan, given that there was no demonstrable need for affordable housing provision in the area.
Decision
Agreed to grant Planning Permission as a Minor Departure to the provisions of the Development Plan, subject to the following conditions and reasons:-
1. That the development to which this permission relates must be begun by 30th June 2012.
Reason: To comply with Section
58 of the Town and Country Planning (Scotland) Act 1997 and having regard to
the extension of time requested.
2.
The development shall be constructed in
accordance with the approved plans – Block Plan Drawing Number 04.18.01,
House Type A Drawing Number 04.18.02, House Type B Drawing Number
04.18.03, House Type C Drawing Number 04.18.04 and House Type D
Drawing Number 04.18.05 unless the prior written consent of the Planning
Authority is obtained for variation.
Reason: In the interests of visual amenity and in accordance with
the development applied for.
3.
The landscaping scheme shown on the plan titled
‘Landscape Proposals’ (Drawing Number 229.3) shall be implemented
no later than the first planting and seeding season following the commencement
of the development (or such other timescale agreed with the Planning Authority
prior to the commencement of the development) and, thereafter, shall be
maintained to the satisfaction of the Planning Authority for a period of ten
years. No trees shall be felled or lopped within the landscaping scheme without
the prior written consent of the Planning Authority and any losses of plant
species through disease, weather exposure, neglect or damage shall be replaced
with equivalent species within one growing season.
Reason: In the interests of visual amenity in order to successfully
integrate the proposal into its surrounding townscape setting and having due
regard to Policy POL BE 16 of the Bute Local Plan 1990.
4.
The root system of the trees within the site
shall be suitably protected in accordance with BS 5837 ‘Retention of Trees
and Appropriate Distances for Construction’ (1991) prior to the
commencement of the development and during the course of the development. Prior
to works commencing on site, fences shall be erected below the canopy edge of
the trees to prevent encroachment by machinery and vehicles and these fences
shall be maintained during building works on site.
Reason: In the interests of visual amenity in order to ensure that
reasonable and appropriate measures are taken to secure the viability of the
trees within the site.
5.
A substantial sample panel, being not less than
2.0 square metres, showing the proposed external wall finishes shall be made
available on the site for the inspection and written approval of the Planning
Authority. The panel shall be made available prior to the application of any
render to the external walls being implemented. The dwellings shall be
constructed using the approved finishes unless the prior written consent of the
Planning Authority is obtained for variation.
Reason: In the interests of visual amenity in order to ensure that the
proposal integrates successfully into its surrounding townscape setting and
having due regard to Central Government guidance and Local Plan policies.
6.
The roof coverings shall be of natural slate,
the details of which (including a sample) shall be submitted to and approved in
writing by the Planning Authority prior to the commencement of the development.
The roofs shall be finished in the approved covering unless the prior written
consent of the Planning Authority is obtained for variation.
Reason: In the interests of visual amenity in order to ensure that the
proposal integrates successfully into its surrounding townscape setting and
having due regard to Central Government guidance and Local Plan policies.
7. The windows shall be constructed of white-painted timber unless the prior written consent of the Planning Authority is obtained for variation.
Reason: In the interests of visual amenity in order to ensure that the
proposal integrates successfully into its surrounding townscape setting and
having due regard to Central Government guidance and Local Plan policies.
8.
Prior to
the commencement of the development, full details of the repair and rendering
of those parts of the existing wall, to the walled garden, that are to be
retained shall be submitted to and approved in writing by the Planning
Authority. The works to the retained walls shall be undertaken in accordance
with the approved details unless the prior written consent of the Planning
Authority is obtained for variation.
Reason: In the interests of visual amenity in order to ensure that the
proposal integrates successfully into its surrounding townscape setting and
having due regard to Central Government guidance
and Local Plan policies.
9. Notwithstanding the details shown on the plan titled ‘Landscape Proposals’ (Drawing Number 229.3) and prior to the commencement of the development, details of the position, height and appearance of all boundary treatments shall be submitted to and approved in writing by the Planning Authority. In particular, such details shall show the erection of stone walls along the eastern boundary of House No.4 and the western boundary of House No.2. All boundary treatments shall be constructed in accordance with the approved details unless the prior written consent of the Planning Authority is obtained for variation.
Reason: In the interests of visual amenity in order
to successfully integrate the proposal into its surrounding townscape setting.
10. Prior to the commencement of the development, the location and design of the sewage treatment plant, the odour control measures to be undertaken and a scheme for the maintenance in perpetuity of the approved communal sewage system shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA, the Building Control Section and the Public Protection Service.
Reason: To
ensure the ongoing maintenance of the method of sewerage treatment in the
interests of residential amenity and public health of existing and future
occupiers of the area and to prevent the unnecessary proliferation of septic
tanks.
11. The discharge pipe leading from
the sewage treatment plant shall be constructed to a point below Mean Low Water
Spring and shall be buried underground for its full length, the details of
which shall be submitted to and approved in writing by the Planning Authority
prior to the commencement of the development. The pipe shall be constructed in
accordance with the approved details unless the prior written consent of the
Planning Authority is obtained for variation.
Reason: In order to safeguard the visual amenity
of the area.
12. Prior to the construction of the road system and parking areas, full details (including a sample) of the surfacing to be used within the internal road system and parking areas shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of visual amenity
in order to ensure that the proposal integrates successfully into its
surrounding townscape setting and no such details having been submitted.
13. The access serving the entire development 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
Area Roads Manager to the satisfaction of the Planning Authority.
Reason: In order to ensure that provision is made for
a service “road” commensurate with the scale of development and having regard
to the proposed access road as a residential access road.
14. Prior
to the commencement of the development, sightlines of 42 metres in both
directions measured 2.5 metres back from the edge of the public road at the
centre point of the access shall be kept clear of all obstructions in excess of
1.0 metres above the level of the carriageway and shall thereafter be maintained as such in perpetuity, to the
satisfaction of the Planning Authority in consultation with the Area Roads
Manager.
Reason: In the interests
of road safety.
15. Prior to
the formation of the vehicular access onto the A844 road, details of the
decorative steel gates, which shall not be capable of being closed, and the
stone gateposts shall be submitted to and approved in writing by the Planning
Authority. The gates and posts shall be erected in accordance with the approved
details prior to the occupation of the first dwelling or such other timescale
as may be agreed with the Planning Authority.
Reason: In the interests of visual amenity
in order to ensure that the proposal integrates successfully into its
surrounding townscape setting and no such details having been submitted.
16. No development shall commence
until a detailed scheme for the phased construction of the development hereby
approved has been submitted to and approved in writing by the Planning
Authority. Such phasing shall show the construction of the development fronting
onto the A844 public road in the initial phase(s) or as otherwise agreed in
writing with the Planning Authority.
Reason: To ensure that the development hereby
approved is implemented in full in an integrated manner having due regard to
the A844 public road and the visual prominence of the site within the Rothesay Conservation Area.
17.
Prior to the commencement of the development, a method
statement that satisfactorily addresses the issue of the potential impact of
the construction works upon bats that forage within the application site shall
be submitted to and approved in writing by the Planning Authority. The
construction works shall be undertaken in accordance with the approved method
statement unless the prior written consent of the Planning Authority is
obtained for variation.
Reason: In the interests of nature conservation.
18.
Prior to the
commencement of development within the walled garden area, the existing sundial
shall be carefully removed from its present location and stored in a safe
manner at a location to be agreed in writing with the Planning Authority. The
sundial shall then be erected in a new position, the details of which shall be
first agreed in writing with the Planning Authority. Prior to the occupation of
the first dwelling, the sundial shall be located in the agreed position and,
thereafter, maintained as such in perpetuity unless the prior written consent
of the Planning Authority is obtained for variation.
Reason: In the
interests of visual amenity in order to ensure that this attractive feature is
retained within the development site.
(Ref: Report by Head of Planning and Regulatory Services dated 3 June 2011, submitted)
Supporting documents: