Agenda item

Report by Head of Development and Economic Growth

The Area Team Leader spoke to the terms of the report and to supplementary report number 1, which advised of a further submission by an existing objector.  She also advised of a typographical error at section Q of the report of handling, which indicated that the proposed development was not consistent with the Development Plan.  She confirmed that it should have stated that the proposed development was consistent with the Development Plan.

 

The proposed development relates to the erection of a 4 bed detached dwellinghouse and formation of a new vehicular access.

 

The site is located within the settlement area of Rhu and lies within the Rhu Conservation Area and the residential property adjacent to the West “Lagarie House” which is a Category 2B” listed building and within the vicinity of the Category “A” listed “Ardencaple Hotel”.  The site is also covered by a Tree Preservation Order (TPO).

 

The proposal is considered to be consistent with the relevant provisions of the Development Plan and it was recommended that planning permission be granted subject to the conditions and reasons detailed in the report of handling.

 

Decision

 

The Committee agreed to grant planning permission subject to the following conditions and reasons:

 

Standard Time Limit Condition  (as defined by Regulation)

 

Standard Condition on Soil Management During Construction

 

Additional Conditions

 

1.    PP - Approved Details & Standard Notes – Non EIA Development

 

The development shall be implemented in accordance with the details specified on the application form dated 05.08.2023; , supporting information and, the approved drawings listed in the table below 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.

 

Plan Title.	Plan Ref. No.	Version	Date Received
Location Plan	1 of 15	A	22.08.2023
Existing Site Plan	2 of 15	A	22.08.2023
Existing Site Cross Section and Photos - Sheet 1 of 2	3 of 15	-	01.08.2023
Existing Site Cross Section and Photos - Sheet 2 of 2	4 of 15	-	01.08.2023
Proposed Site Plan	5 of 15	B	29.02.2024
Proposed Site Cross Sections	6 of 15	-	01.08.2023
Proposed Site Cross Section, Access Wall Elevation and Layout Plan	7 of 15	A	23.08.2023
Proposed Sightline Plan	8 of 15	D	22.08.2023
Proposed Elevations and Sections	9 of 15	-	01.08.2023
Proposed Floor/Roof Plans	10 of 15	-	01.08.2023
Planning Design and Access Statement	11 of 15	-	01.08.2023
Tree Survey Report	12 of 15	A	28.02.2024
Bat Scoping Survey Report	13 of 15	-	28.02.2024
Sustainability checklist	14 of 15	-	12.03.2024
Sustainable buildings checklist	15 of 15	-	12.03.2024

 

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

 

2.    Sustainable Urban Drainage – Notwithstanding Condition 1, details of a sustainable urban drainage system compliant with the guidance set out in CIRIA’s SuDS Manual C753 must be submitted to and approved in writing by the planning authority prior to construction. The surface water drainage shall be operational prior to the development being brought into use and shall be maintained as such thereafter.

 

Reason: To ensure adequate surface water drainage is implemented to prevent flooding elsewhere.

 

3.    Landscape and Biodiversity Enhancement - Notwithstanding Condition 1, No development shall take place until full details of both hard and soft landscape works to be carried out at the site have been submitted to and approved in writing by the local planning authority. The approved hard landscaping works shall be carried out prior to first occupation of the development and the soft landscaping works within the first planting season following first occupation of the development. The details submitted shall include:

 

- proposed finished site levels or contours;

- hard surfacing materials;

- details of the number, size and location of the trees, shrubs and plants to be retained and planted together with a planting specification – these shall include compensatory planting for the trees already identified as to be removed as part of the development;

 

- details of measures to enhance biodiversity within the site;

- location and design, including materials, of walls, fences and gates;

- programme for completion and subsequent on-going maintenance.

 

Any trees or shrubs dying, removed, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority.

 

Reason: In the interests of biodiversity and the natural environment.

 

4.    External Materials - Notwithstanding Condition 1, Prior to work starting on site samples of the proposed materials to be used for the external finishes of the development hereby granted consent shall be submitted to and approved in writing by the Planning Authority prior to any work starting on site.

 

Reason:  In the interests of visual amenity and in order to integrate the proposal with its surroundings.

 

5.    Sustainable Design – Notwithstanding Condition 1, Prior to the commencement of development, details of the on-site micro renewable energy to provide heat or electricity to the property and details of the use of the final materials – including details of any re-cycled materials or local sourced materials and their embodied energy for each materials, shall first be submitted and approved in writing by the Local Planning Authority. Thereafter the approved micro renewables and materials must be used in the development hereby approved.

 

Reason: In order to ensure compliance with LDP2 Policy 09 and to ensure the building is being as energy efficient as possible in order to respond to climate change.

 

6.    Electric Vehicle Charging – Notwithstanding Condition 1, Prior to the commencement of development, details of the provision of electric vehicle charge points shall first be submitted and approved in writing by the Local Planning Authority. Thereafter the electric vehicle charge points must be available for use in the development hereby approved.

 

Reason: In order to ensure compliance with LDP2 Policy 34.

 

7.    Quality homes – Notwithstanding Condition 1, no development shall commence until details of the proposed timescale for completion of the approved development have been submitted to and approved by the Planning Authority. Thereafter, the development shall be implemented in accordance with the duly approved timescale for completion unless an alternative timescale for completion is otherwise agreed in writing with the Planning Authority.

 

Reason: In order to comply with the requirements of NPF4 Policy 16F.

 

8.    Trees – Notwithstanding Condition 1, All retained trees on site shall be protected at all times during construction in accordance with the British Standard; BS 5837:2012 (Trees in relation to design, demolition and construction – Recommendations).

 

Reason:  The landscape features to be protected are important to the appearance and character of the site and the surrounding area and are required to successfully integrate the proposal with its surroundings.

 

9.    Potential sources of nuisance – Notwithstanding Condition 1, Prior to work starting on site identification and assessment of all potential sources of nuisance, including noise/ vibration, dust, and any temporary lighting provided, which may cause disturbance to nearby residents during the demolition / construction process should be undertaken by the applicant and submitted to and approved by the Planning Authority. This should include consideration of intended hours of operation, movement of vehicles, use of plant and storage of equipment and materials on site. 

 

For all potential sources of nuisance the applicant will be required to provide a management plan with details of suitable control measures to be put in place so as to ensure that construction does not cause loss of amenity to local residents and/or statutory nuisance. 

 

Reason: In order to avoid sources of nuisance in the interest of amenity.

 

10. Scottish Water – Notwithstanding Condition 1, Prior to the commencement of development the developer shall submit written evidence to the Planning Authority that an agreement with Scottish Water is in place for the connection of the proposed development to the public water supply and waste water sewage network.

 

Reason: In the interests of public health and to ensure the availability of an adequate water supply to serve the proposed development.

 

11. Parking and Turning – The parking and turning area shall be laid out and surfaced in accordance with the details shown on the approved plans 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.

 

12. PP - Junction with public road:

 

Notwithstanding the provisions of Condition 1, the proposed access shall be formed in accordance with the Council’s Roads Standard Detail Drawing SD 08/005 Rev. B (as laid out on approved drawings L(9)2D and L(9)4B) and visibility splays of 2.4m metres to point X by 75.0 metres to point Y from the centre line of the proposed access. The access shall be surfaced with a bound material in accordance with the stated Standard Detail Drawing. Prior to work starting on site the access hereby approved shall be formed to at least base course standard and the visibility splays shall be cleared of all obstructions such that nothing shall disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6 metres above the public road carriageway at point Y. The final wearing surface on the access shall be completed prior to the development first being brought into use and the visibility splays shall be maintained clear of all obstructions thereafter.

 

Reason: In the interests of road safety.

 

Note to Applicant:

 

• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from the Council’s Roads Engineers prior to the formation/alteration of a junction with the public road.

 

The access shall be constructed and drained to ensure that no surface water is discharged onto the public road.

 

13.  Bird and Red Squirrel Survey - Notwithstanding Condition 1, Prior to work starting on site a pre-commencement survey for the presence of birds and red squirrels on site; shall be carried out by an appropriately qualified person at the optimum time of year and submitted to and approved by the Planning Authority. In circumstances where species of interest are identified as being present, or at risk from construction works, the survey shall further provide suggested avoidance and or mitigation measures, including timing constraints, to address such presence or risk. The development shall be implemented in accordance with the measures identified in the duly approved scheme.  

 

Reason: In order to establish that the circumstances of the site have not changed significantly between approval and implementation of the development for the purpose of protecting natural heritage assets in the interest of nature conservation. 

 

(Reference: Report by Head of Development and Economic Growth dated 7 May 2024 and supplementary report number 1, submitted)