Minutes:
The Chair, Councillor Kieron 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 Logan, 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.
Both Councillors Armour and
Brown confirmed that they had sufficient information before them to come to a
decision on the Review.
The Chair advised that at the
last meeting the decision of the LRB had been to continue consideration of the
Review allow for an opportunity to seek to prepare a competent Motion to
justify approval of planning permission in principle.
The Chair moved the following
Motion –
This LRB considers that the
proposed outline permission being sought is of a suitable scale, design and use
for a countryside location as required by LDP Policy 2. Further, in accordance
with LDP Policy 4 the proposal respects the landscape character of the area,
and following LDP Policy 5, the siting respects the topography of the area. As
set out in LDP Policy 8 this is away from a hilltop, skyline or ridge, and has
very limited visibility from the public road. The settlement pattern of the
surroundings is also of relevance to the same policy, and is of small cluster
of houses, generally well screened, which it is considered this proposal
largely follows by being in the vicinity of existing development.
It is acknowledged that LDP
Policy 5 and NPF Policy 9 encourage the reuse of previously developed land, and
more specifically that NPF policy 9(b) does not support development on greenfield sites
such as this, unless explicitly supported by policies in the LDP. This LRB
notes the housing pressures in the Oban area, as set out in the Housing Needs
and Demands Assessment, and that paragraph 3.11 on page 14 of the LDP mentions
that Oban itself is “increasingly physically constrained, nearing its natural
topographic capacity for growth and development”. It is therefore considered
that there is a shortage of previously developed brownfield land suitable for
redevelopment, leading to greenfield sites such as this being suitable
alternatives to meet demand locally. It is of relevance that NPF Policy 17c
states that “proposals for new homes in remote rural areas will be supported
where the proposal…supports identified local housing outcomes”
The LRB therefore considers
that the proposal meets the requirements of all local and national policies,
including LDP2 policies , 4, 5 and 8, and NPF policies 4, 9 and 17, and agrees
to grant outline planning permission, subject to the conditions appended:-
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CONDITIONS AND REASONS RELATIVE TO APPLICATION
REF. NO. 23/00825/PPP |
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Standard Time Limit Condition (as defined by Regulation) Standard Condition on Soil Management During
Construction |
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Additional Conditions |
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1. |
PPP – Matters Requiring AMSC Submission Plans
and particulars of the matters specified in conditions 3, 4, 5, 6, 7 and 9
below shall be submitted by way of application(s) for Approval of Matters
Specified in Conditions in accordance with the timescales and other
limitations in Section 59 of the Town and Country Planning (Scotland) Act
1997 as amended. Thereafter the development shall be completed wholly in
accordance with the approved details. Reason: To accord with Section 59 of the Town and
Country Planning (Scotland) Act 1997 as amended. Note to
Applicant Regard
should be had to Scottish Waters consultation comments in relation to the
proposed development which are available to view via the Public Access section of the Council’s website. |
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2. |
PPP – Approved Details The
development shall be implemented in accordance with the details specified on
the application form dated 24/04/23 and the approved drawings listed in the
table below.
Reason: To
accord with Regulation 28 of the Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2008. |
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3. |
PPP – Timescale to be Agreed for
Completion Pursuant to 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. |
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4. |
PPP - Design and Finishes Pursuant to Condition 1 – no development shall commence until plans and particulars of the site layout, design and external finishes
of the development has been submitted to and approved by the Planning
Authority. These details shall incorporate: i)
A statement addressing the
Action Checklist for developing design contained within the Argyll and Bute
Sustainable Design Guide 2006; ii)
A statement addressing how the proposed development has
been designed to be consistent with the six qualities of successful places,
as defined within Policy 14 of NPF4; iii)
Local vernacular design taking
consideration of the guidance set out in the approved Argyll and Bute
Sustainable Design Guidance, 2006; iv)
Maximum of one and a half
storeys; v)
Windows with a vertical
emphasis; vi)
Have a roof pitch between 37
and 42 degrees finished in natural slate or a good quality artificial slate; vii)
Details of finished ground
floor levels relative to an identifiable fixed datum located outwith the application site along with details of the
existing and proposed site levels shown in the form of sectional
drawings/contour plans/site level survey, or a combination of these; viii)
Details of an area within the
application site for the placement of refuse/recycling bins. ix)
Details of the potential for
the installation of a 7kw Electrical Vehicle Charging Point within the site. Reason: To accord with Section 59 of the Town and
Country Planning (Scotland) Act 1997 as amended, and in order to integrate
the proposed dwellinghouse with its surroundings. |
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5. |
PPP –
Roads, Access and Parking Pursuant to Condition 1 – no
development shall commence until plans and particulars of the means of
vehicular access and parking/turning arrangements to serve the development
have been submitted to and approved by the Planning Authority. Such details
shall incorporate: i)
Upgrade of the junction serving the development site in
accordance with the Council’s Roads Standard Detail Drawing SD 08/004a with
visibility splays measuring 2.4 metres to point X by 53 metres to point Y
from the centre line of the junction ; ii)
The provision of a parking and turning area in accordance
with the requirements set out in the Car Parking Standards and Policy 40 of
the adopted ‘Argyll and Bute Local Development Plan 2’ 2024. Prior to work starting on site, the approved scheme of
works in respect of junction layout 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
junction 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. The approved parking and turning layout 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 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. ·
No walls, fences, hedges etc. greater than 1 metre in
height will be permitted within 2 metres from the channel line of the public
road. ·
The access shall be constructed and drained to ensure that
no surface water is discharged onto the public road. |
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6. |
PPP – Details of New Private Foul Drainage System Pursuant to Condition 1 – no development shall commence until details
of the proposed means of private foul drainage to serve the development 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. Note to Applicant: Private
drainage arrangements are also subject to separate regulation by Building
Standards and SEPA. |
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7. |
PPP – Private Water Supply Pursuant
to Condition 1, no development shall commence until an appraisal of the
wholesomeness and sufficiency of the intended private water supply and the
system required to serve the development has been submitted to and approved
by the Planning Authority. The
appraisal shall be carried out by a qualified hydrologist/hydrogeologist or
other suitably competent person and shall include a risk assessment having
regard to the requirements of Schedule 4 of the Private Water Supplies
(Scotland) Regulations 2006 or Part 3 of the Water Intended for Human
Consumption (Private Supplies) (Scotland) Regulations 2017 (as appropriate)
which shall inform the design of the system by which a wholesome and
sufficient water supply shall be provided and maintained. The
appraisal shall also demonstrate that the wholesomeness and sufficiency of
any other supply in the vicinity of the development, or any other person
utilising the same source or supply, shall not be compromised by the proposed
development. The
development shall not be brought into use or occupied until the required
water supply system has been installed in accordance with the agreed
specification and is operational. Reason: In the interests of public health and in
order to ensure that an adequate private water supply in terms of both
wholesomeness and sufficiency can be provided to meet the requirements of the
proposed development and without compromising the interests of other users of
the same or nearby private water supplies. Notes
to Applicant 1.
Regulatory requirements for private water supplies should
be discussed with the Council’s Environmental Health Service in the first
instance. 2.
If the development is likely to use 10m3 water
per day then the applicant will need to apply for a registration or licence
for water abstraction from SEPA https://www.sepa.org.uk/regulations/authorisations-and-permits/application-forms/#Water. 3.
If the proposed development is a commercial undertaking
including but not limited to; use as a holiday or long term private let,
workplace, food business, campsite etc. then the applicant must apply to the
Environmental Health service 8 weeks before the intended use date for the
private water supply to be registered and certified as fit for use. Email: pws@argyll-bute.gov.uk 4.
It is recommended that should planning permission be
granted, that the applicant contact this Service to discuss further the
measures needed to comply with the requirements of Water Intended for Human
Consumption (Private Supplies) (Scotland) Regulations 2017 or the Private
Water Supplies (Scotland) Regulations 2006, as is applicable. |
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8. |
PPP - Sustainable Drainage
System Notwithstanding the provisions of Condition 1, the development shall
incorporate a surface water drainage system which is consistent with the
principles of Sustainable urban Drainage Systems (SuDS)
compliant with the guidance set out in CIRIA’s SuDS
Manual C753 and Sewers for Scotland 4th Edition. The requisite surface water drainage shall
be operational prior to the development being brought into use and shall be
maintained as such thereafter. Reason: To ensure the provision
of an adequate surface water drainage system and to prevent flooding. |
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9. |
PPP - Landscaping and Biodiversity Enhancement Pursuant
to Condition 1 – no development shall commence until a scheme of boundary
treatment, surface treatment and landscaping has been submitted to and
approved by the Planning Authority. The scheme shall comprise a planting plan
and schedule which shall include details of: i)
Existing and proposed ground levels in
relation to an identified fixed datum; ii)
Existing landscaping features and vegetation
to be retained; iii)
Location design and materials of proposed
walls, fences and gates; iv)
Proposed soft and hard landscaping works
including the location, species and size of every tree/shrub to be planted; v)
A biodiversity statement demonstrating how the
proposal will contribute to conservation/restoration/enhancement of
biodiversity, and how these benefits will be maintained for the lifetime of
the development; vi)
A programme for the timing, method of
implementation, completion and subsequent on-going maintenance. All
of the hard and soft landscaping works shall be carried out in accordance
with the approved scheme unless otherwise approved in writing by the Planning
Authority. Any
trees/shrubs which within a period of five years from the completion of the
approved landscaping scheme fail to become established, die, become seriously
diseased, or are removed or damaged shall be replaced in the following
planting season with equivalent numbers, sizes and species as those
originally required to be planted unless otherwise approved in writing by the
Planning Authority. All
physical biodiversity enhancement measures (bird nesting boxes, ‘swift
bricks’, wildlife ponds, bat and insect boxes, hedgehog homes etc.) shall be
implemented in full before the development hereby approved is first brought
into use. All
biodiversity enhancement measures consisting of new or enhanced planting
shall be undertaken either in accordance with the approved scheme of
implementation or within the next available planting season following the
development first being brought into use. The biodiversity statement should refer to Developing with Nature guidance
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proposal with its surroundings in the interests of amenity. |
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Decision
The Argyll and Bute Local
Review Body, having considered the merits of the case de novo, unanimously
agreed to uphold the request for review and to grant planning permission in
principle as per the above Motion.
(Reference: Notice of Motion
by Councillor Kieron Green, tabled)