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 a House in Multiple Occupation (HMO) on land east of Nant Farm, Ichrachan, Taynuilt for use by students of Ballet West.  The proposed house footprint is located wholly within the settlement boundary as defined by the adopted Local Development Plan, however, part of the parking area and a section of the rear garden is located within the Countryside Zone.  This application follows on from an application for a house on the same site which was approved subject to conditions.  In this application, which is still live, part of the footprint of the house was also within the countryside zone.  A total of 11 objections to this application have been received the details of which are contained within the report of handling.  As part of the development is located within the countryside zone the proposal is considered to be a minor departure from policies LDP DM 1 and SG LDP HOU 1.  It is considered that the encroachment into the countryside is de minimis and will have a minimal impact on the area and the adjustment will allow a suitable layout to be achieved in the longer term.  It is therefore considered that a minor departure is justified in this instance.  It is considered that subject to the imposition of appropriate conditions that the proposal is in accordance with policies SG LDP DEP 1, LDP STRAT 1, LDP 3, LDP 9, LDP 11, SG LDP 2, SG LDP ENV 14, SG LDP SERV 1, SG LDP SERV 2, SG LDP TRAN 1, SG SDP TRAN 4 and SG LDP TRAN 6 and that planning permission should be granted.

 

Decision

 

The Committee agreed to grant planning permission as a minor departure from Policies LDP DM 1 and SG LDP HOU 1 subject to the following conditions and reasons:-

 

1.    Approved Drawings & General:

 

The proposed development shall be carried out in accordance with the details specified in the application form dated 18/03/16 and the approved drawings numbered:

 

•           Plan 1 of 2 (1575 05 rev E)

•           Plan 2 of 2 (1575 01 rev A)

 

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.

 

2.    Sewage Treatment Tank and Soakaway:

 

No development shall commence on site until full details of the proposed means of private foul drainage to serve the development and five other family sized residential units have been submitted to and approved by the Planning Authority.

 

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.

 

3.    Sustainable Urban Drainage System (SuDS):

 

No development shall commence on-site until details of a Sustainable Urban Drainage System (SUDS) are submitted to and approved in writing by the Planning Authority. Such details shall include a drainage layout plan which shall include any mitigation measures required to address surface water run-off from the development site. The development thereafter shall be completed in accordance with the approved details prior to the initial occupation of the house hereby approved.

 

Reason: To ensure that there is a satisfactory drainage system in place for the development, in the interests of health and amenity and environmental protection.

 

4.    Availability of Connection to Public Water Supply:

 

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 in writing to the Planning Authority before commencement of development.

 

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

 

5.    Sample Materials:

 

No development shall commence on site until samples of materials and colour finishes to be used in the external finishes of the building have been submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed and maintained using the approved materials and colours or such alternatives as may be agreed in writing with the Planning Authority.

 

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

 

6.    Landscape/Surface/Boundary Treatment:

 

No development shall commence on site until a scheme of boundary treatment, surface treatment and landscaping has been 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.

 

Reason: To assist with the integration of the proposal with its surroundings in the interest of amenity.

 

7.    Visibility Splays:

           

The existing vehicular access at the junction of the existing public road shall have visibility sightlines of 2.4m x 42m x 1.05m in both directions and shall be constructed in accordance with Argyll and Bute Council Small Development Guide Drawing no. SD 08/004 rev a.  This shall include a surface water drainage system to prevent water spilling onto the public road.

Reason:  In the interests of road safety.

 

8.    Parking and Turning Facilities

 

Prior to the occupation of the development hereby approved the parking and turning detailed on drawing no. 1575 05 Rev E shall be available for use and retained thereafter.

 

Reason:  In order to ensure that there are acceptable levels of parking and turning provided on the site.

 

9.    Finished Floor Levels:

 

No development shall commence on site until details of the proposed finished ground floor level of the development relative to an identifiable fixed datum located outwith the application site have been submitted to and approved in writing by the Planning Authority. The development shall be implemented in accordance with the approved details.

 

Reason: In order to secure an acceptable relationship between the development and its surroundings.

 

10.  Prior to the commencement of development details of an alternative footpath route to replace that which is being obstructed by the development shall be submitted to the planning authority for its approval. Such details as may be approved shall be provided in accordance with approved details in advance of any obstruction of the current footpath route through the curtilage of the proposed HMO.

 

Moreover any footpath formed in respect of the above requirement shall be retained in perpetuity unless with the written permission of the Planning Authority and maintained free of obstruction to allow the safe and unhindered passage of pedestrians linking in to the existing footpath route travelling in a north easterly direction away from the application site.

 

Reason: To ensure pedestrian access from Otter Creek and Ballet West is maintained to a level commensurate with the existing level of pedestrian permeability to the village of Taynuilt.

 

11.  Notwithstanding the provision of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), (or any other 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 2 Class 7 of the aforementioned Schedule, as summarised below:

 

PART 2: SUNDRY MINOR OPERATIONS

Class 7.—

 

(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

           

Reason: To protect the sensitive area and the setting of the proposed dwellinghouse in the interest of visual amenity.

 

(Reference: Report by Head of Planning and Regulatory Services dated 4 January 2017, submitted)