Minutes:
The Chair, Councillor Green, welcomed everyone to the meeting. He explained that no person present would be
entitled to speak other than the Members of the Local Review Body (LRB) and Mr
Jackson, who would provide procedural advice if required.
He advised that his first task would be to establish if the Members of
the LRB felt that they had sufficient information before them to come to a
decision on the Review.
Councillor
Hardie advised that he felt he had sufficient information to come to a
decision.
Councillor
Irvine advised that he too felt he had sufficient information to come to a
decision.
Councillor
Hardie advised that having considered the information before him, he agreed
with the decision of the Planning authority to refuse the application.
Councillor
Irvine advised that he was in agreement with Councillor Hardie, particularly in
relation to the design principles. He
advised that he felt the size, scale and massing of the proposal was wholly
inappropriate for the area and as such he too agreed with the decision of the
Planning authority to refuse the application.
The
Chair advised that there were a number of issues which concerned him in
relation to this application, particularly the design and layout and the
contaminated land. He advised that he
didn’t believe that there was any leeway within the Local Development Plan or
any of the relevant Policies to approve this.
He further advised that while he was not opposed to a dwelling house in
this location, he felt that what was being proposed was inappropriate in terms
of the immediate and wider surroundings and as such he was minded to support
the officer report and refuse the application.
Decision
The Argyll and Bute Local Review Body, having considered the merits of
the case de novo, unanimously agreed to refuse the
application and uphold the decision of the Planning authority to refuse
planning permission for the following reason(s):-
1.
The proposal, by reason of its size, scale, massing,
height and design, detailing, boundary treatment, would have an adverse
visual impact on the immediate and wider surroundings and would be
detrimental to the character and appearance of the village centre of
Tighnabruaich and the wider Area of Panoramic Quality. The art deco style is
an inappropriate design response for this site giving prominence to the site
being in an elevated position on Village Brae. It will be highly visible and
intrusive in the skyline when viewed from the village shops and in the
context of the Tighnabruaich Hotel and even from wider views. The design is
inappropriate because of the white render up to the eaves, to the height of 3
storey, and the mass of the building which is not broken up which is sited on
an already elevated site. It does not integrate with the surrounding
townscape and adversely affects the sense of place and character of this
attractive village centre. There are no other Art Deco style in the village
and there is no design cues taken from the buildings around it including the
neighbouring garage, fire station and the stone/slate traditional buildings.
Consequently the proposal would be contrary to Policies 14 and 16 of NPF4,
Policy LDP 9 of the Argyll and Bute Local Development Plan and also to the LDP SG Sustainable
Siting and Design Principles and LDP SG ENV 13 Areas of Panoramic Quality. It
is also contrary to Policies 01, 05, 08, 09 and 10 of the proposed Local
Development Plan. |
2.
The development would not provide an adequate standard of
residential amenity for the occupiers. In this instance a terrace is provided
which is welcomed and will improve the residential amenity for occupiers but
it is limited. More importantly the rear space proposed will provide poor
quality amenity by reason of lack of daylight and proximity to traffic using
the adjacent road. The proposal is therefore over-intensive development of a
very constrained plot and as such would not accord with SG Siting and Design
of the Argyll and Bute Local Development Plan. |
3.
The proposal is considered contrary to Policy LDP 11 and
Supplementary Guidance policies SG LDP TRAN 4 and SG LDP TRAN 6 of the Argyll
and Bute Local Development Plan 2015 and Policies 35, 36 and 40 of the
proposed Local Development Plan given it has unsuitable visibility onto
Village Brae. The parking area is also too close to the edge of the
carriageway and a total of 8 metres cannot be achieved to accommodate a 6m
parking area and 2m strip across the access. It is recognised that this is an
existing access that has been historically been used by the garage, that was
previously on site, and was likely to have similar or more vehicle movements,
but no evidence has been submitted nor amendments made to try to find the
best solution in terms of achieving the visibility from the driveway onto
Village Brae and give the required distance for the parking area to the
footway. And indeed the erection of a 1.8m fence is likely to further obscure
the views when entering and leaving the proposed driveway. There is no clear drawings or evidence to
demonstrate if the visibility of 20m, set back 2m in either direction can be
achieved or as near to this as possible. |
4.
The proposal is considered contrary to NPF4 Policy 9, part
(c), SG LDP SERV 4 and Policy 82 of the proposed Local Development Plan as it
has not been demonstrated, to the satisfaction of the council, that the site
is and can be made safe and suitable for the proposed house. There are a list
of outstanding requirements in relation to the Contaminated Land Assessment
that have not been adequately responded to. These mainly relate to the survey
methods, and the depth of sample surveys. |
(Reference: Notice of Review and
Supporting Documentation; comments from Interested Parties and comments from
the Applicant, submitted)
Supporting documents: