Agenda item

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this was an application for the renewal of planning permission ref 06/1710/DET granted on 26 June 2007.  Since the previous permission was granted the Argyll and Bute Local Plan 2009 has been adopted.  Whilst this has not significantly changed the policy context for this site, Policy LP HOU 2 was introduced by the plan and which provides for a 25% affordability obligation upon developments of 8 units or more.  Reference was also made to other factors that should be taken into account in this case.  The proposal accords with policy STRAT DC 1 and STRAT DC 9 of the Argyll and Bute Structure Plan 2002, and policies LP ENV 10, LP ENV 14, LP ENV 19, LP HOU 1 and LP TRAN 4 of the Argyll and Bute Local Plan 2009.  It can be justified as a ‘minor departure’ from the affordability obligations stemming from LP HOU 2 of the adopted local plan given the over provision of low cost accommodation on the Isle of Bute and the consequent lack of demand for additional affordable accommodation within the market area associated with the site.  Notwithstanding the views expressed by third parties, the proposal raises no other new material considerations beyond those considered at the time of the previous granting of planning permission and there is no justifiable reason for withholding a renewal of that consent.  Although a significant number of persons have made representations, this application is for renewal of a previous consent granted by Members of Bute and Cowal Area Committee following a PAN 41 hearing.  Reference was made to representations tabled at the meeting from Councillor Robert E Macintyre and Councillor Isobel Strong and also to late representations received from the owners of Southpark and Hawkstone Lodge, neighbouring properties to the proposed development.  As the vast majority of the same issues apply now and in the absence of any significant change in circumstances since the granting of the original permission, there would be no added value in convening a further hearing in this case. 

 

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.        The development shall be implemented in accordance with the approved drawings: Drawing Number 0553/P1; Drawing Number 0553/P2A; Drawing Number 0553/P3A; Drawing Number 0553/P4; and Drawing Number 10976/SK2 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.

 

2.        The development hereby permitted shall not commence until final details of foul and surface water drainage systems, including the position of the final outfall, and a scheme for the maintenance in perpetuity of the approved systems have been completed and approved in writing by the Planning Authority. 

 

Reason: To ensure that adequate and timeous drainage arrangements are made and to ensure the on-going maintenance of the method of sewage treatment in the interests of the residential amenity and public health of existing and future occupiers in the area.

 

3.        None of the dwellings hereby approved shall be occupied until the sewage disposal/drainage works have been completed in accordance with the approved plans.

 

Reason: In the interests of public health and in order to ensure that adequate and timeous drainage arrangements are made.

 

4.        The proposed access shall be formed in accordance with fig 10.16 of the Council’s Development Guidelines and shall have visibility splays of 215.0m x 2.5m metres in each direction 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 one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height.

 

Reason:  In the interests of road safety.

5.        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 Roads and Amenity Services Department, including provision of a 2m service strip and a street name plate.

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.

 

6.        Prior to work starting on site full details of the proposed external render shall be submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the duly approved details

 

Reason: In order to protect the character and appearance of the locality.

7.        Development shall not begin until details of a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority.  Details of the scheme shall include:

 

i)        existing and finished ground levels in relation to an identified fixed datum

ii)       existing landscaping features and vegetation to be retained

iii)     location and design, including materials, of walls, fences and gates

iv)     soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub

v)      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 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.

 

8.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (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 the erection of any buildings, walls, fences or other structures within the land to the west of the land shaded blue on approved drawing number 0553/P2A, without the prior consent of the Planning Authority.

 

Reason: In order to confine any ancillary structures associated with the development herby permitted to the confines of the ‘settlement’ boundary delineated by the ‘Argyll & Bute Local Plan’ 2012.

 

(Reference: Report by Head of Planning and Regulatory Services dated 18 July 2012, submitted)