Agenda item

Report by Head of Planning and Regulatory Services

The Acting Major Applications Team Leader spoke to the terms of the report.  Planning permission is sought for the erection of 9, originally 10, dwelling houses on an area of land at Fort Road, Kilcreggan.  The development site is covered by an Area for Action in the Local Development Plan and also forms part of a larger Local Nature Conservation Site.  All of the proposed houses are located within the settlement boundary but a section of the application site which includes the access road to service four of the house plots and the proposed private sewage treatment plant are located outwith the settlement boundary in the Countryside Zone.  There is currently no visible defined edge to the existing settlement boundary and a scheme of boundary planting is proposed which will give a specific and defensible end to the settlement.  There are compelling reasons to justify a minor departure from the Local Development Plan as there will be an environmental gain with significant tree planting and the upgrading of footpaths.   The scheme of 9 houses will provide 2 affordable units by means of a commuted sum off site thus having a positive social benefit.  The Area Roads Officer has requested a number of offsite road improvements which will be delivered via a Section 75 Agreement.  The commuted sum will also be sought through the Section 75 Agreement.  A total of 31 objections and 12 representations of support have been received in respect of this application.  It is recommended that the application be approved as a minor departure to Policies LDP DM 1 and SG LDP HOU 1 of the Local Development Plan, subject to a Section 75 Agreement covering offsite junction improvements, footway provision and affordable housing and the conditions and reasons detailed in the report of handling.  In view of the number of representations received it is also recommended that a discretionary local hearing be held in advance of determining this application.

 

Motion

 

As concerns raised by third party representors will be addressed via a Section 75 Agreement or condition to agree that there would be no added value in holding a hearing and to agree to grant planning permission as a minor departure from Policies LDP DM 1 and SG LDP HOU 1 of the Local Development Plan subject to the conclusion of a Section 75 Legal Agreement and conditions and reasons as detailed in the report of handling.

 

Moved by Councillor David Kinniburgh, seconded by Councillor Richard Trail

 

Amendment

 

To agree to hold a discretionary local hearing in advance of determining this planning application.

 

Moved by Councillor Robin Currie, seconded by Councillor George Freeman

 

The Motion was carried by 6 votes to 5 and the Committee resolved accordingly.

 

Decision

 

The Committee agreed to grant planning permission as a minor departure from Policies LDP DM 1 and SG LDP HOU 1 of the Local Development Plan subject to a Section 75 Agreement covering offsite junction improvements, footway provision and affordable housing, and the following conditions and reasons:-

 

1.    The development shall be implemented in accordance with the details specified on the application form dated 9 August 2016 and the approved drawing reference numbers P(LP)001, P(SP)001, A.005H, A.005, A.006H, A.007H, A.007 and D(AP)001 A 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.

 

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

 

2.    No development shall commence on site until authorisation has been given by Scottish Water for connection to the public water supply. Confirmation of authorisation to connect shall be provided to the Planning Authority for approval before commencement of development.

 

Reason:  To ensure that the development is adequately served by a public water supply.

 

3.    No development shall commence until samples of materials to be used in the construction of the dwellinghouse hereby approved have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed using the approved materials or such alternatives as may be agreed in writing with the Planning Authority

 

Reason: In order to integrate the development into its surroundings.

 

4.    Prior to commencement of development a scheme of boundary treatment, surface
treatment and landscaping shall be submitted to and approved in writing by the Planning Authority. The scheme shall include details of:

 

              i.        Location, design and materials of proposed walls, fences and gates;

             ii.        Surface treatment of proposed means of access and hardstanding areas;

            iii.        Any proposed re-contouring of the site by means of existing and proposed                                            ground levels;

           iv.        Proposed hard and soft landscape works.

 

The development shall not be occupied until such time as the boundary treatment, surface treatment and any re-contouring works have been completed in accordance with the duly approved scheme.

 

All of the hard and soft landscaping works shall be carried out in accordance with the approved scheme during the first planting season following the commencement of the development, unless otherwise agreed in writing by 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 assist with the integration of the proposal with its surroundings in the interest of amenity.

 

5.    Prior to development commencing on site, full details of the proposed private sewage treatment plant to serve the development shall be submitted to and approved in writing by the Planning Authority. The information submitted shall include details of the proposed outfall soakaway and a regime for the on-going maintenance of the private treatment plant. The duly approved scheme shall be implemented in full concurrently with the development that it is intended to serve and shall be operational prior to the occupation of the development.

 

Reason: To ensure that an adequate means of foul drainage is available to serve the development and to ensure that there is no discharge of contaminated or polluted drainage to ground or surface waters.

 

6.    No development shall be commenced until details of the surface water drainage system to be incorporated into the development have been submitted to and approved in writing by the Planning Authority.  Such measures shall show separate means for the disposal of foul and surface water, the provision of a Sustainable Urban Drainage System (SuDS) and shall include details of how it will be maintained. Suds should be designed in accordance with CIRIA C753 and Sewers for Scotland 3^rd Edition and include details of design calculations, method statement for construction, maintenance regime and ground investigation. The approved surface water drainage system shall be completed and brought into use prior to the development hereby approved being completed or brought into use.

Reason:  To ensure that an acceptable scheme of surface water drainage is implemented.

 

7.    Prior to development commencing a method statement for an archaeological watching brief shall be submitted to and approved in writing by the Planning Authority in consultation with the West of Scotland Archaeology Service. The method statement shall be prepared by a suitably qualified person and shall provide for the recording, recovery and reporting of items of interest or finds within the application site. Thereafter the development shall be implemented in accordance with the duly approved details with the suitably qualified person being afforded access at all reasonable times during ground disturbance works.

 

Reason: In order to protect archaeological resources.

 

8.    Prior to works commencing on site an ecological survey of the Kilcreggan Woodlands and Raised Beach Local Nature Conservation Site shall be carried out by a qualified ecologist to determine its current biodiversity status in relation to the LNCS designation and any other biodiversity interest. The survey should identify measures to maintain and enhance the flora and fauna of the area including a timescale for the implementation of any of the measures agreed with the Council.

 

Reason: To maintain and enhance the range of species and character of Kilcreggan Woodlands and Raised Beach Local Nature Conservation Site.

 

9.    Prior to works commencing on site, the following information shall be submitted and agreed in writing with the Council:

 

- details of how it is proposed to maintain Core Path C499 during the construction phase of operations and after completion of development;

- details of how it is proposed to maintain the wider path network namely paths 15/22 and 15/86 which traverse the site during the construction phase of operations and after completion of development.

 

Reason: To ensure that Core Path C499 is maintained and improved.

 

10.  Prior to works commencing on site, the following information shall be submitted and agreed in writing with the Council:

 

- details of how Core Path C499, within the applicant’s control, will be improved and maintained. Thereafter, the approved details shall be implemented prior to the development hereby approved being completed or brought into use unless otherwise agreed in writing with the Planning Authority.

 

Reason: To ensure that Core Path C499 is maintained and improved.

 

11.  Prior to works commencing on site, details of the method of construction of the private access serving the four dwellings including gradients and finishes shall be submitted to and agreed in writing by the Planning Authority.

 

Reason: In the interests of road safety.

 

12.  At the junction of the proposed private access serving the four dwelliings and the public road (Fort Road) a visibility sightline 2.4 x 25 x 1.05 metres shall be provided and maintained in perpetuity.

 

Reason: In the interests of road safety.

 

13.  The provision for car parking within the site shall be in accordance with the Council’s Local Development Plan supplementary guidance SG LDP TRAN 6 Vehicle Parking Provision.

 

Reason: In the interests of road safety.

 

(Reference: Report by Head of Planning and Regulatory Services dated 5 January 2017, submitted)