Agenda item

Report by Head of Planning and Regulatory Services

The Principal Planning Officer spoke to the terms of the report advising that this proposal involves the erection of a dwelling house on the site at land north west of 4 Ruaig on the island of Tiree. The site has previously received permission under reference 09/01748/PP for the erection of a five bedroom living accommodation for educational holiday use.  This permission remains capable of implementation until January 2013 following which it would lapse unless a material start on the development had been made in the interim. The current application is for the same siting, design, access etc as previously approved.  The current permission contains no condition limiting the occupancy of the building to that expressed in the application, nor in any other manner.  The previous consent was for a development within a Rural Opportunity Area within which there would have been no justification to limit the occupancy of the building given the acceptability of single dwellings in policy terms in the absence of environmental constraints.  Reference was made to supplementary planning report number 1 which addressed representations received from Dr N Wyatt, owner of 4 Ruaig and Mr S Laird, owner  of Taigh Uillem, Brock, Tiree along with legal opinion from Counsel provided to Dr Brock as to the legitimacy of the current permission on the site.  There have been no objections received from statutory consultees and eighteen individual objections received from third parties.  A summary of these objections are detailed in the report.  The merits of the development of this site were considered at the time of the original application when the proposal was deemed consistent with the Rural Opportunity Area policy applicable to this locality, the informal guidance provided by the Tiree Landscape Capacity Study 2006 and the advice given in the Tiree Design Guide.  Circumstances have not changed materially since that permission was granted, other than for the absence of neighbour notification on the original application having come to light.  The Officer also advised that less weight should be afforded to the previous consent given the procedural issue only recently highlighted.  Given the lack of change in policy and other circumstances the amended description of the proposal remains consistent with the provisions of the Development Plan and is recommended for approval subject to conditions and reasons detailed in the report.

 

Decision

 

Agreed to grant planning permission subject to the following conditions and reasons:-

 

1.        No development shall commence or is hereby authorised until the proposed access to Ruaig Road has been provided with visibility splays measuring 25 metres by 2.4 metres from the centre line of the existing access. The visibility splays shall be cleared of all obstructions over 1.0 metre in height above the level of the adjoining carriageway. The visibility splays shall thereafter be maintained clear of all obstructions over 1.0 metre in height.

 

Reason:   In the interests of road safety.

 

2.        No development shall commence or is hereby authorised until full details of the layout and surfacing of a parking and turning area to accommodate 3 vehicles within the application site shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s Roads Engineers. The duly approved scheme shall be implemented in full prior to the development first being occupied and shall thereafter be maintained clear of obstruction for the parking and manoeuvring of vehicles.

 

Reason:   In the interest of road safety.

 

3.        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, 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 and Part 2 and Classes 8 and 9 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.

 

PART 2: SUNDRY MINOR OPERATIONS

 

Class 8: Formation of means of access to an unclassified road.

 

Class 9: Stone cleaning or painting of the exterior of a building.

 

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 and public health, 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.

 

4.        The development shall be implemented in accordance with the details specified on the application form dated 08/07/12 and the approved drawing reference numbers:

Plan 1 of 5 (Location Plan at scale of 1:10000)

Plan 2 of 5 (Site Plan at scale of 1:1250)

Plan 3 of 5 (Site Plan at scale of 1:500)

Plan 4 of 5 (Block Plan at scale of 1:200)

Plan 5 of 5 (Plans, Sections & Elevations at scale 1:100)

 

unless the prior written approval of the planning authority is obtained for other materials/finishes/for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).

 

Reason:          For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

(Reference: Report by Head of Planning and Regulatory Services dated 2 November 2012 and Supplementary Planning Report No 1 dated 20 November 2012, submitted)