Report by Head of Planning and Regulatory Services
The Principal Planning Officer spoke to the terms of the
report advising that this proposal seeks detailed planning permission for the
erection of a detached single storey dwelling to be used as a ‘river
watcher’s/water baliff’s’ accommodation to facilitate the management of this
part of Dunlossit Estate. The
application site is located within an area of ‘sensitive countryside’
immediately to the south of, and largely contained by, a sharp bend in the
1. Agreed that sufficient locational need had been established to outweigh the general policy presumption against such development in the sensitive countryside;
2. Agreed the Area Capacity Evaluation (ACE) appended to the report be adopted as a material consideration in the determination of this application and any future application within the defined area of common landscape character; and
3. Agreed to grant planning permission subject to the Applicant entering into an appropriate Section 75 Legal Agreement and subject to the following conditions and reasons:-
(a) The proposed development shall be carried out in accordance with the details specified in the application form dated 5th November 2010; and the approved drawings numbered 1 of 6 to 6 of 6; and stamped approved by Argyll and Bute Council.
Reason: In order to ensure that the proposed development is carried out in accordance with the details submitted and the approved drawings.
Standard Note: In terms of
condition 2 above, the council can approve minor variations to the approved
plans in terms of Section 64 of the Town and Country Planning (
(b) Prior to the commencement of development, details of the proposed finished floor levels of the dwellinghouse relative to an identifiable fixed datum located outwith the application site shall be submitted to and approved in writing by the Planning Authority. The development shall thereafter be implemented in accordance with the duly approved details.
Reason: In the interests of visual amenity and to assist in the integration of the development into its surroundings.
(c) Development shall not begin until details of a woodland management programme and a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. The woodland management programme shall cover the area of land identified within a green line boundary appended to the plan hereby attached. The required details shall include:
i) existing landscaping features, trees and vegetation to be identified and retained, except for those trees required to be removed in order to facilitate the development, these to be clearly identified;
ii) location and design, including materials, of any walls, fences and gates;
iii) soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub;
iv) programme for completion and subsequent on-going maintenance.
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants within the identified woodland management area which within a period of ten years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping and retention and management of existing trees in order to ensure that the development remains appropriately screened from view from the B8016 public road.
(d) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011, (or any Order revoking and re- enacting that Order(s) with or without modifications), nothing in Article 2(4) of or the Schedule to that Order, shall operate so as to permit, within the area subject of this permission, any development referred to in Part 1 and Classes 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 3C, 3D and 3E of the of the aforementioned Schedule, as summarised below:
PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE
Class 1A: Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.
Class 1B: Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.
Class 1C: The erection, construction or alteration of any porch outside any external door of a dwellinghouse.
Class 1D: Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.
Class 2A: The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.
Class 2B: Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.
Class 3A: The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.
Class 3B: The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse.
Class 3C: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.
Class 3D: The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.
Class 3E: The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.
No such development shall be carried out at any time within this Part and these Classes without the express grant of planning permission.
Reason: To protect the sensitive area and the setting of the proposed dwellinghouse, in the interest of visual amenity, from unsympathetic siting and design of developments normally carried out without planning permission; these normally being permitted under Article 2(4) of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011.
(e) The proposed access shall be improved to provide visibility splays of 103.0 metres by 2.4 metres, formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over 1.05 metres in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
(f) Prior to work starting on site, the access hereby permitted shall be improved and formed in accordance with the Council’s Highway Drawing No. SD 08/004 Rev.a. with a refuse collection point to be provided adjacent to the public road.
Reason: In the interest of road safety.
(Reference: Report by Head of Planning and Regulatory Services dated 6 June 2012, submitted)