11. LRB 487 Notice of Review, Against Refusal of Planning ...

11. LRB 487 – Notice of Review, Against Refusal of Planning Permission in Principle for Erection of Dwellinghouse and Garage at Site by Millmoss Nurseries, Turriff, Aberdeenshire, AB53 8B – Reference: APP/2019/2835.

(i) Notice of Review, Review Statement and Supporting Documents as

submitted by the Agent.

588

of 5

Viewmount Arduthie Road Stonehaven AB39 2DQ Tel: 01467 534333 Email: [email protected]

Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.

Thank you for completing this application form:

ONLINE REFERENCE 100214924-002

The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application.

Applicant or Agent DetailsAre you an applicant or an agent? * (An agent is an architect, consultant or someone else actingon behalf of the applicant in connection with this application) Applicant Agent

Agent DetailsPlease enter Agent details

Company/Organisation:

Ref. Number: You must enter a Building Name or Number, or both: *

First Name: * Building Name:

Last Name: * Building Number:

Address 1Telephone Number: * (Street): *

Extension Number: Address 2:

Mobile Number: Town/City: *

Fax Number: Country: *

Postcode: *

Email Address: *

Is the applicant an individual or an organisation/corporate entity? *

Individual Organisation/Corporate entity

D K Meldrum Ltd

DAVID

MELDRUM

Cheynes Lane

10

The Drum

07800841674

AB53 4FQ

Scotland

Turriff

[email protected]

589

of 5

Applicant DetailsPlease enter Applicant details

Title: You must enter a Building Name or Number, or both: *

Other Title: Building Name:

First Name: * Building Number:

Address 1Last Name: * (Street): *

Company/Organisation Address 2:

Telephone Number: * Town/City: *

Extension Number: Country: *

Mobile Number: Postcode: *

Fax Number:

Email Address: *

Site Address DetailsPlanning Authority:

Full postal address of the site (including postcode where available):

Address 1:

Address 2:

Address 3:

Address 4:

Address 5:

Town/City/Settlement:

Post Code:

Please identify/describe the location of the site or sites

Northing Easting

Ms

Hannah

Aberdeenshire Council

Mackie Collyburn View

Collyburn

AB53 8FG

Aberdeenshire

848979

Turriff

373150

Collyburn View

590

of 5

Description of ProposalPlease provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: *(Max 500 characters)

Type of ApplicationWhat type of application did you submit to the planning authority? *

Application for planning permission (including householder application but excluding application to work minerals).

Application for planning permission in principle.

Further application.

Application for approval of matters specified in conditions.

What does your review relate to? *

Refusal Notice.

Grant of permission with Conditions imposed.

No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.

Statement of reasons for seeking reviewYou must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters)

Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account.

You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances.

Have you raised any matters which were not before the appointed officer at the time the Yes NoDetermination on your application was made? *

If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters)

Erection of Dwellinghouse and Garage

Supporting document details matters for review

591

of 5

Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)

Application Details

Please provide the application reference no. given to you by your planning authority for your previous application.

What date was the application submitted to the planning authority? *

What date was the decision issued by the planning authority? *

Review ProcedureThe Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case.

Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No

In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:

Can the site be clearly seen from a road or public land? * Yes No

Is it possible for the site to be accessed safely and without barriers to entry? * Yes No

Checklist – Application for Notice of ReviewPlease complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid.

Have you provided the name and address of the applicant?. * Yes No

Have you provided the date and reference number of the application which is the subject of this Yes Noreview? *

If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/Aand address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? *Have you provided a statement setting out your reasons for requiring a review and by what Yes Noprocedure (or combination of procedures) you wish the review to be conducted? *

Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review.Please attach a copy of all documents, material and evidence which you intend to rely on Yes No(e.g. plans and Drawings) which are now the subject of this review *

Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent.

CL...COVERING LETTER P1 IMAGES YEAR 2000 L1 IMAGES SITE HISTORY DS DESIGN STATEMENT 1HM SITE BLOCK 2HM JUSTIFICATION 3HM DRAINAGE MILLMOSS2 LOCATIONPLAN

APP/2019/2835

17/02/2020

13/12/2019

592

of 5

Declare – Notice of ReviewI/We the applicant/agent certify that this is an application for review on the grounds stated.

Declaration Name: Mr DAVID MELDRUM

Declaration Date: 16/03/2020

593

Proposal DetailsProposal Name 100214924Proposal Description ERECT DWELLING & GARAGEAddress Local Authority Aberdeenshire CouncilApplication Online Reference 100214924-002

Application StatusForm completeMain Details completeChecklist completeDeclaration completeSupporting Documentation completeEmail Notification complete

Attachment DetailsNotice of Review System A4Millmoss 2 Attached A41HM Attached A32HM Attached A13HM Attached A3DS Attached A21CL Attached A3L1 GRAPHIC HISTORY OF SITE Attached A1P1 YEAR 2000 IMAGES Attached A1Notice_of_Review-2.pdf Attached A0Application_Summary.pdf Attached A0Notice of Review-002.xml Attached A0

594

D K Meldrum Ltd

THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ

Dear Sir/Madam

The basis of our request for a review of this planning application is for the panel to scrutinize why

previously developed land deemed brownfield and defined as such by Aberdeenshire Council reference

APP/2017/2083 has that designation rescinded and consequently APP/2019/2835 and APP/2019/2836

refused.

This large defunct site used to provide all forms of plantings for commercial and agricultural needs parts of

which can be seen in the photo taken in 2000 ref P1.

The area marked 1 and 2 is the application sites which show glasshouses with concrete dado walls,

concrete strip foundations, pad concrete foundations for internal structural columns. These glasshouse

were structural with ancillary concrete boiler-houses and large steel pipework throughout. As the Nurseries

consolidated and poly-tunnels found favour the frames of the glasshouses were taken down leaving the

concrete above ground dado walling, substructures, boiler-houses and block stores. These structures were

broken up and buried on-site when APP/2017/2836 was built. This was a tidying up exercise and part of

the ongoing rehabilitation of the brownfield site. Unfortunately this remedial work has been interpreted as

the site being returned to greenfield status (see definition) and noted by the case officer that structures are

"off-site " this is incorrect; under a skimming of earth and rye grass lie the broken up structures.

We were informed of the planning officers recommendation to refuse and he invited us to provide

photographs for members consultation. We provided the following images within a drawing ref L1 which

contained proof of the large glasshouse complex that historically stood there and the aerial images which

show the concrete and block part superstructure and substructure which had been utilized as raised beds

since frames taken down around 2008. This supporting information has not been uploaded into the

application on the Internet and is not referred to in the handling by the planning case officer. We believe

that this information needs to be considered by yourselves as it seems to have been overlooked or misfiled

within the councils safe keeping. The photos P1 verifies image/drawing L1.

We appreciate that interpretation of how an application sits against policy is the final remit of the decision

makers and that is why we seek to have the review board consider the key points.

Policy R2 Housing and employment development elsewhere in the countryside supports the development of

a dwellinghouse where the remediation of a brownfield site occurs. Although this application is for full

planning permission, the previous permission in principle (APP/2017/0137) was approved as it was

proposed to replace an existing greenhouse upon the site. It is acknowledged that the greenhouse has

since been removed however as the principle was established this year it is considered that for this

application the principle still stands as acceptable.

The proposed plot is considered quite large for a dwellinghouse which, although is within the countryside,

in reality is located just outside Turriff and exists somewhere between a suburban setting and a rural

setting. On balance the size of the plot is deemed acceptable as the plot is set back from the main

roadway and the development is remediating part of a very large brownfield site.

PLANNING OFFICERS REPORT OF HANDLING Application Reference: APP/2017/2083 Proposal:

Erection of Dwellinghouse Address: Millmoss Nurseries, Turriff, Aberdeenshire, AB53 8BJ ( APPROVED

& BUILT )

This proposal is to be assessed against Policy R2 from the Aberdeenshire Local Development Plan

2017 as the site on which the house would be located does not include any structures, it is grass

covered and clearly not brownfield in nature while any redundant structures are offsite. Raised

beds and small sheds had previously been onsite but these structures would not be considered

suitable candidates for replacement with a dwellinghouse regardless. The policy aims to balance rural

housing need with wider sustainability issues raised by allowing rural housing and in this case the use

of what is essentially a greenfield site is not considered to accord with the Policy.

The principle of development cannot be established against Policy R2 Housing and Employment

Development elsewhere in the Countryside as this policy allows only for the remediation of brownfield

land onsite while the site itself is greenfield (incorrect definition below) and any structures deemed

redundant which could be considered for replacement are offsite (incorrect) The application fails to

accord with the Aberdeenshire Local Development Plan 2017 and is recommended for refusal.

PLANNING OFFICERS REPORT OF HANDLING Application Reference: APP/2019/2835 &

(APP/2019/2836 ) Proposal: Erection of Dwellinghouse and Garage Address: Site by Millmoss

Nurseries, Turriff, Aberdeenshire, AB53 8BJ (REFUSED UNDER REVIEW )

"Greenfield Site: : Land which has not been developed, in either urban or rural areas " ( by planning

definition the application sites are not Greenfield Sites )

We believe that the photos P1 and L1 images/drawing along with all the application documents prove the

proposed sites constitute "Previously Developed Land" and as such can accord with national and local

authority planning policy.

Brownfield Land: Land which has previously been developed. The term may cover vacant or derelict

land, land occupied by redundant or unused building and developed land within a settlement boundary

where further intensification of use is considered acceptable.

EXTRACTS FROM;-The Planning (Scotland) Bill: Understanding planning jargon

Telephone 01888288635

Mobile 07800841674

Reference APP/2019/2835 & APP/2019/2836

Subject Review SITE No 1

Yours Faithfully

David K Meldrum

1

1

2

595

MILLMOSS

BITMAC

SURFACE

HRN

TRACTORS

DEFUNCT

MOD

DEFUNCT

MOD

DWELLING

ACCESS

DWELLING

FARM

BUILDINGS

Millmoss

GREENHOUSE

GREENHOUSE

STORES

BOILER

SHEDS

GARDEN

GARDEN

GARDEN

FREE

DRAINING

GRAVEL

DRIVE

GARDEN

GARDEN

EXISTING ACCESS

TO

PUBLIC

ROAD

EXISTING ACCESS

TO

PUBLIC

ROAD

D

I

S

M

A

N

T

L

E

D

R

A

I

L

W

A

Y

D

I

S

M

A

N

T

L

E

D

R

A

I

L

W

A

Y

D

I

S

M

A

N

T

L

E

D

R

A

I

L

W

A

Y

N

1

R

a

i

n

w

a

t

e

r

s

o

a

k

a

w

a

y

A

/C

A

/C

Filter bed

Graf 6

person

treatment

plant

R/E

R/E

R/E

R/E

Sampling

chamber

Parking

on self

draining

paviors

or bitmac

GARDEN

GARDEN

GARDEN

2

BLOCK & LOCATION PLAN 1;500

1

Rainwater

soakaway

A

/C

A

/C

Filter bed

Graf 6 person

treatment plant

R/E

R/E

R/E

R/E

Sampling

chamber

Parking on self

draining

paviors or

bitmac

GARDEN

GARDEN

GARDEN

SITE PLAN 1;200

AREA 1525M²

PROJECT DETAILS

DRAWING DETAILS

D K MELDRUM LTD

ARCHITECTURAL SERVICES

BUILDING CONSULTANCY

Mob: 07800841674

E-Mail: [email protected]

Office: THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ

Erection of dwelling & garage @

Site 1

Millmoss Nurseries

Turriff for Ms H Mackie

Proposals:

Scale as detailed

Date 10;12;2019

Drawn DKM

REF No 1HM

596

Millmoss

Revised

Location Plan

597

SHEDS

RAISED NURSERY BEDS

BLOCKWORK WALLS AND

STERILE SOIL/COMPOST

REMOVED AND GRASSED OVER

GREENHOUSES

REMOVED

GREENHOUSE

SUPERSTRUCTURE

REMOVED

RAISED NURSERY

BEDS BLOCKWORK

WALLS AND

STERILE

SOIL/COMPOST

REMOVED AND

GRASSED OVER

GREENHOUSE

SUPERSTRUCTURE

REMOVED

GREENHOUSES

REMOVED

2No MOBILE HOMES

REMOVED

SHEDS

SHEDS

SHEDS

SHEDS

SHEDS

SHEDS

APRIL 2017

Millmoss nurseries buildings and man made structures are defunct

area outlined in blue sold

SHEDS

SHEDS

SHEDS

SHEDS

SHEDS

SHEDS

SHEDS

STORES

GREENHOUSE

GREENHOUSE

GREENHOUSE

GREENHOUSE

GREENHOUSE

GREENHOUSE

RAISED

BEDS

RAISED

BEDS

RAISED

BEDS

RAISED

BEDS

ITEM 1

ITEM 2

ITEM 3OCTOBER 2019

Extent of buildings and structures demolished dismantled re-cycled

JULY 2019

Ordnance survey update their ariel view of Millmoss

ITEM 4October 2019

Area outlined in red brownfield development

approximately half of structures removed and a dwelling under construction

PROJECT DETAILS

DRAWING DETAILS

D K MELDRUM LTD



Mob: 07800841674


Office: THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ

Erection of Dwelling and garage

@ Site 1

Millmoss Nurseries

Turriff for Ms H Mackie

Proposals:

Scale nts

Date 10;12;2019

Drawn DKM

REF No 2HM

Millmoss Nurseries

Update on removing

buildings and structures to

progress Brownfield Site

Development

1

598

c/o D K Meldrum Ltd

1.00M

Site No 1 Millmoss

Nurseries Turriff

2.00M

480

3.2

8

24.00M²

MRICS MCIOB fully indemnified

D K Meldrum Ltd

28;11;2019

08;11;2019

2;00 p.m

damp showery overcast

THE DRUM 10 Cheynes Lane Turriff AB53 4FQ

filter bed

VP is less than 15 percolation

time is deemed fast. Therefore higher

standard of treatment to filter sand

bed adopted ref Scottish Building Standards &

SEPA

A=8x15x0.2=24m²A= PxVPx0.2

THE DRUM 10 Cheynes Lane Turriff AB53 4FQ

POROSITY TESTING 3No RESULTS 495secs

525

540

tot........520 / 150mm = 1.93VP

VP IS LESS THAN 15 THEREFORE WASTE WATER

TREATMENT AND FILTER BED

TO SEPA,s SATISFACTION

PIT No 1

3.00M

PIT No 2

850mm

top soil

CLEAN IRREGULAR SANDS

WITH SMALL COBBLES

DRAINAGE

REPORT

top

soil

no water table @ 2.10

below ground level

GROUND

LEVEL

GROUND

LEVEL

150mm

CLEAN IRREGULAR SANDS

WITH SMALL COBBLES

CLEAN IRREGULAR

SANDS

WITH SMALL &

LARGE COBBLES

1000mm

150mm

850mm

STORES

1

A

/C

A

/C

R/E

R/E

R/E

R/E

2

TEST PIT 1

TEST PIT 2

PROJECT DETAILS

DRAWING DETAILS

D K MELDRUM LTD



Mob: 07800841674


Office: THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ


Site 1

Millmoss Nurseries

Turriff for Ms H Maclie

Proposals: DRAINAGE

Scale nts

Date 10;12;2019

Drawn DKM

REF No 3HM

599

DESIGNSTATEMENT

ERECTION OF DWELLINGHOUSE & GARAGE @

MILLMOSS

TURRIFF

PREPARED BY DK MELDRUM Ltd

TURRIFF

Built environment around site

Site Location and Justification

The site is Millmoss Nurseries situated beside Millmoss Farm off the A947 and overlooking

the rear section of the Turriff Agricultural Showground.There are various types of buildings

agricultural and domestic at this location all of which respect the vista.The business of

Millmoss Nurseries ceased a number of years ago with the then owners selling the land and

buildings. The dismantling of the many buildings was instigated more than a year ago and

is a progressive process with every effort to recycle materials on site, send scrap for

reclamation and salvageable greenhouses have been carefully dismantled and sold on to

be re erected as functional buildings. The application today is a result of these downtakings

and recycling presenting a brownfield site.

Constraints

Site has very little constraints with services at hand and good access to the public

road. At reserved matters though solar orientation will need to be addressed versus

the views to North over the Den

Performance & Sustainability

The driving force in the design will be to strike a balance between existing local built form

and appropriate use of materials,shape & form,construction type & technology all to

achieve a low energy use building. From these fundamentals a reduction in CO2 follows.

The structure is to timber kit,super insulated, air infiltration mitigated to below 1 air change

per hour corresponding heat recovery, solar water heating integrated into domestic water

supply, low kilowatt rated wet electric space heating throughout the building for fast

thermal response and troughs in severe weather.

Upvc engineered draughtsealed, triple glazed windows and doors. The roof to be sealed

for air movements with exceptionally high degree of insulation (major heat loss element )

the ground floor no ventilators & heavy weight insulated concrete construction. Walls

super insulated

All of the aforementioned elements have "u" values well above the minimum of the current

building standards.

To achieve the buildings efficiency commensurate with a low energy use dwelling the main

design factors are

Account for compass bearing, climate, topography and macro climate

Minimise windows to North maximise windows to South

Heavy weight concrete insulated ground floor as heat store.

Sealed building construction to achieve minimum air infiltration rates and to allow heat

recovery system to work at an optimum.

Fully integrated Solar roof collectors ( hot water)

CO2 production is realistically reduced

Proposal

To build a dwelling and establish a connection ,contrast and sense of place with the

surrounding built environment

Connection; The stores sheds and greenhouses at this former market garden nurseries

have been spread over a wide area and consisted of low rise structures. The

greenhouses most of which have been removed blended into the site overlooking The

Den because of their geometric shape akin to that of terraced dwellings. The proposal is

to erect two dwellings that build on the brownfield site with reference to the previous and

most recent building

Solution Strategy

Building overall shape, size, massing to reflect existing building footprints an optimum

design for living space and position on site. Study solar gain to South and views to North

N

E

S

W

COMPASS SOLAR GAIN

1

2

GREENHOUSE

GREENHOUSE

STORES

BOILER

SHEDS

GARDEN

GARDEN

D

I

S

M

A

N

T

L

E

D

R

A

I

L

W

A

Y

D

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S

M

A

N

T

L

E

D

R

A

I

L

W

A

Y

1 2

THE

DEN

1 2

N

GREENHOUSES

POTTING SHEDS

NURSERY

GENERAL

PURPOSE

MILLMOSS

FARMHOUSE

ST GONGANS HOUSING

DEVELOPMENT

SHOWGROUND

SHEEP GRAZING

POULTRY SHEDS

FARMHOUSE

GREENHOUSES

GREENHOUSES

POTTING

SHEDS

NURSERY

GENERAL

PURPOSE

MILLMOSS

FARMHOUSE

A

RECENTLY COMPLETED

DWELLING "RYCON"

1

2

3

4

600

ORIGINAL GLASSHOUSES 1 AND 2

No 2 HAS BEEN MODIFIED AND EXTENDED SINCE 1959

WHILE AT OR ABOUT THE SAME TIME FRAMES AND

GLASS ON 1 HAS BEEN REMOVED LEAVING THE

FOUNDATIONS BLOCKWORK DADO WALLS AS RAISED

BEDS WITH BOILER HOUSES AT PERIMETERS

1

2

CONCRETE PAD FOUNDATIONS AND

PIERS FOR STEEL COLUMNS

BOILER HOUSES

BLOCKWORK DADO WALLS WITH

CONCRETE FOUNDATIONS

BLOCKWORK DADO WALLS WITH

CONCRETE FOUNDATIONS

SHEDS

SHEDS

PROJECT DETAILS

DRAWING DETAILS

D K MELDRUM LTD



Mob: 07800841674


Office: THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ


Site 1 & 2

Millmoss Nurseries

Turriff

Proposals:

Scale nts

Date 15;03;2020

Drawn DKM

REF No L1

3

4

4

4

4

4

4

statics gone

3

3

3

3

4

4

4

4

4

4

4

3 = taken down

4 = to be taken down

IMAGE / DRAWING L1

601

PLOT 1

PLOT 2

PLOT

BUILT ON

2

1

1 APPLICATION SITE APP/2019/2835

2 APPLICATION SITE APP/2019/2836

3

2No GLASSHOUSES & 1No POLYTUNNEL

REMOVED FOR

PLANNING APPROVAL BW/2017/2083

4

4 GLASSHOUSES IN USE OF PREVIOUS

OWNER FOR FURTHER 10 YEARS TO CARE

FOR AND DISSEMINATE THE PROGENY

5

5

RESIDUE OF PREVIOUSLY

DEVELOPED LAND & BUILDINGS

P1 year 2000

P1 year 2015

3

PROJECT DETAILS

DRAWING DETAILS

D K MELDRUM LTD



Mob: 07800841674


Office: THE DRUM

10 Cheynes Lane

Turriff

AB53 4FQ


Site 1 & 2

Millmoss Nurseries

Turriff

Proposals:

Scale nts

Date 15;03;2020

Drawn DKM

REF No P1

IMAGES P1

602

11. LRB 487 Notice of Review, Against Refusal of Planning ...

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