Report by Head of Planning and Regulatory Services
The Principal Planning Officer spoke to the terms of the
report advising that this application was due to be presented to the PPSL
Committee in February 2012 recommended for refusal. On the request of the Applicant, it was
agreed that the application be continued to allow further information to be
submitted and which has now been supplied.
The dwelling is required for operational purposes to service a bareland
croft and is supported by an appropriate Croft Development Plan. The dwelling has been sited in a location
which represents the best opportunity to accommodate a house within the
holding. Although situated within PDA
allocation 5/5, where a comprehensive approach to development is normally
required, the individual circumstances and topography of the site mean it is
unlikely to be required to allow for the
Agreed that, subject to the prior conclusion of a Section 75 Legal Agreement, the application be granted as a minor departure from the adopted development plan subject to the following conditions and reasons:-
1. That this permission is granted in terms of Section 59 of the undernoted Act for planning permission in principle and further approval of the Planning Authority shall be required for matters specified in conditions, such application must be made before whichever is the later of the following:-
(a) the expiration of a period of 3 years from the date of this permission
(b) the expiration of a period of 6 months from the date on which an earlier application for the requisite approval was refused
(c) the expiration of a period of 6 months from the date on which an appeal against such refusal is dismissed
And in the case of b and c above only one such application can be made after the expiration of the period of 3 years from the original planning permission in principle.
Reason: In accordance with Section 59 of the Town and Country Planning
2. No development shall commence on site until the following information has been submitted by way of an application(s) for approval of matters specified in conditions and approval has been given in writing by the Planning Authority:
(a) A detailed site layout plan at a scale of 1:500 showing the proposed dwellinghouse and residential curtilage;
(b) Access, parking, water supply and drainage arrangements;
(c) Plans and elevations of the proposed dwellinghouse which shall incorporate the following elements:
· Be situated within the north-eastern end of the croft and not extending more than 40 metres away from the north-eastern site boundary at any point;
· Be single storey in height (with or without rooms in the roof);
· Incorporate windows with a strong vertical emphasis;
· Have walls finished in timber cladding, white wet dash render or smooth cement render;
· Have a symmetrically pitched roof finish of dark grey natural slate or high quality artificial slate; and,
· If chimneys are proposed they will be set squarely on the building ridge.
Reason: In the interests of visual amenity and in order to maintain the character of the area and integrate the proposed dwellinghouse with its surroundings.
3. The occupation of the dwelling house hereby approved shall be limited to a person(s) carrying on, or last carrying on, the crofting activities at the croft at Highfield Croft, Glencruitten, Oban (Agricultural Code Number 174/0053) (the site), or a dependant of such person residing with him or her, or a widow or widower of such a person.
Reason: To underpin the locational/operational need which justified the approval of a house at the site, where a general presumption against housing applies in the adopted Development Plan.
4. No development shall commence or is hereby authorised until, the polytunnel(s) necessary for the crofting enterprise have been provided at the site and are in active use for the growing of market garden products, and livestock has been re-introduced to the croft all as per the Croft Development Plan. For the avoidance of doubt, this planning condition is not a substitute for planning permission or prior notification procedures as are necessary to authorise the erection of the said polytunnel(s) at the holding.
Reason: To ensure the credible working of the croft to underpin the special case proposed in support of the development.
5. As details pursuant to condition 2 above, full details of existing ground levels, proposed ground levels, and proposed finished floor levels for the house hereby approved, all relative to a fixed datum point shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved prior to the initial occupation of the house hereby approved.
Reason: To ensure the development integrates with its landscape setting in an acceptable, unobtrusive manner.
6. As details pursuant to condition 2 above, full details of the proposed means of foul drainage including the capacity, treatment and outfall arrangements of the proposed private drainage system, shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved prior to the initial occupation of the house hereby approved.
Reason: To ensure that foul drainage arising from the development is safely and hygienically disposed of.
7. As details pursuant to condition 2 above, full details of the proposed means of surface water drainage disposed shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved prior to the initial occupation of the house hereby approved.
Reason: To ensure that surface water drainage arising from the development is adequately managed.
8. As details pursuant to condition 2 above, full details of the proposed means of boundary treatment to the residential curtilage (which shall not extend further than 40 metres away from the north-eastern site boundary at any point), shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved within one year of the initial occupation of the house hereby approved, and shall be so maintained thereafter in perpetuity.
Reason: To ensure development integrates with its landscape setting.
9. No development shall commence on site until the vehicular access at the junction with the public road has been constructed in accordance with the Council’s Road Engineers Drawing Number SD 08/006a with visibility splays of 53m x 2.4m in each direction formed from the centre line of the proposed access, with the bellmouth surfaced in dense bitumen macadam for a distance of 5.0 metres from the carriageway edge, with steps taken to ensure that no surface water drainage is allowed to run onto the public road. Prior to work starting on site the visibility splays shall be cleared of all obstructions above the level of the adjoining carriageway and thereafter maintained to the satisfaction of the Planning Authority.
The vehicular access granted consent shall be constructed to at least base course level prior to any work starting on the erection of the dwellinghouse which it is intended to serve and the final wearing surface of the road shall be applied prior to the first occupation of the dwellinghouse hereby approved.
Reason: In the interests of road safety to ensure the proposed development is served by a safe means of vehicular access.
10. As details pursuant to condition 2 above full details shall be submitted to the Planning Authority, in plan form, of the number of car parking spaces within the site at a level commensurate with the size of dwelling proposed in accordance with Policy LP TRAN 6 of the adopted Argyll and Bute Local Plan. Such details as are approved will be fully implemented prior to occupation of the house hereby approved in principle and thereafter so maintained in perpetuity.
Reason: To enable vehicles to park clear of the access road in the interests of road safety.
11. Within one month of the initial occupation of the house hereby granted planning permission in principle, the existing unauthorised chalet within the site shall be entirely removed from the site.
Reason: To avoid over-development of the site which could otherwise occur and to avoid any future ambiguity regarding the lawful use of the chalet.
(Councillor Fred Hall, having moved an amendment which failed to find a seconder, required his dissent from the foregoing decision to be recorded.)
(Reference: Report by Head of Planning and Regulatory Services dated 15 June 2012, submitted)