3 3

ARGYLL AND BUTE COUNCIL

BUTE AND COWAL AREA COMMITTEE

Agenda Jtem No 7.1

LIST OF PLANNTNG APPLICATIONS TO BE DETERMINED BY TEE AREA COMMITTEE AT ITS MEETING

ON 2ND SEPTEMBER 1997

Application No

97/00497/DET Dunoon Ceramics Ltd.,

97/00996/DET Dr Ratcliffe

97/0 1068/COU A. Burke & Son

97/0 1087DET Mr Robertson

9710 1075/0UT Innellan Bowling Club

97/00968/DET Mr Jack

97/01 169DET Fiona McPhail; & Derek Andrews

Installation of three flues and afterburner at Unit 1 & 2, Hamilton Street, Dunoon.

Retention of Caravan, Bird Garden, Dunoon.

Change of use of Driving School to 3 Dwellings, Queen Street, Dunoon.

Retention of a garden shed at 93 Sandhaven, Sandbank, Dunoon.

Erection of dwelling at Innellan Bowling Club, Innellean.

Erection of a Dwelling, Ofice and Shop, at Loch Melldalloch, Tignabruaich

Erection of holiday lodges extension and improvements to caravan site, Carry Farm, Ardlamont.

3 4

Local Member Date of Validity

- Councillor Councillor S Gray - 1 April 1997

20 August 1997

97/00497. DUNOON CERAMICS LTD DETAILED. INSTALLATION OF 3 FLUES AND ArnERBURNER.

UNIT 1 & 2, HAMILTON STREET, DUNOON

SUPPLEMENTARY REPORT 3

(A) INTRODUCTlON

I refer members to my original reports dated 17 April and 31 July which is currently before Members for consideration. The application was continued in order to allow for the receipt of the Director of Environrnentd Services consultation response. I am still awaiting this response, but upon it's receipt I shall submit a supplementary report.

RECOMMENDATION

I recommend that the retrospective application be continued to allow for the Director of Environmental Services to make a final recommendation

Development & Building Control DGJ/hm

35

Local Member Date of Validity - 1.7.97

~ Councillor E McTaggart

21 August 1997

97/00996. OR RATCLIFFE DETAILED APPLICATION. TEMPORARY SITING OF RESIDENTIAL CARAVAN

LOCHAN WOOD, SANDBANK ROAD, DUNOON

(A ) THE PROPOSAL

Development Reauirinq Plannina PermiSsion

I . Installation of static caravan for residential accommodation

1 1 . Connection to existing septic tank.

Other Specified Operations

I . Connection to public water supply.

(B ) SITE HlSTORY

01.93.01 126 - form a bird garden.

PIanning permission was granted on 23.2.94 for a Change of Use of the woodland to

(C ) POLICY CONSIDERATIONS

The site is situated within a Local Scenic Area as defined by POL RUR 1 and as such the proposal requires to be assessed in terms of its environmental impact, locational/operation need, economic benefit and servicing and infrastructure concerns.

The proposal accords with Local Plan Policy.

(D ) CONSULTATIONS

West of Scoliand Water (Sewerage) : No objections.

West of Scotland Water: Existing metered water supply. No Objections

SEPA : No objections.

Area Engineer : No objections

Building Control: Building Warrant will be reqwred for life of the caravan.

(E ) PUBLICITY AND REPRESENTATIONS

The proposals have been advertised under the ptovisions of Section 23 (closing date 25 July 7997). No representations have been received to date

(F ) ASSESSMENT

The application is retrospective in so far at the caravan has already been sited. The site is situated within a clearing a wcodland covered by a Tree Preservation Order and withrn a Local Scenic area as defined by Pot Rur 1 of the Local Plan. The caravan itsetf is situated within the compound of the 8ird Garden and is bordered on all sides by trees and is not visible to public view. The siting of the caravan in this location does not have an adverse environmental impact.

The carwart is required for a temporary and requested for reasons of security. The birds arc generally exotic species with the cost of each particular bird being considerable. Not only can t h e welfare of such birds be supervised better through on site continued presence, it should also act as a deterrent to theft and vandalism which may occur without human presence. Having regard to the requirement and genuine necessity of such an argument, I am minded to grant permission but consider that t h e time period should be restricted to a period of two years rather than three years as requested by the applicant. It is the applicants longer term intention to erect a permanent dwelling at the site. possibly of whole log construction in keeping with the nature of the woodland. Such an application would be determined on its merits although should members be minded to support this application a covering letter indicating a restrictive timescale for a potential dwelling would be forwarded.

In allowing a temporary period of two years for the caravan this would enable the applicant to submit a planning application for a dwelling which I consider to be a reasonable time period having also regard to the desirability in protecting the exotic and expensive animals at the site which has proved a very popular attraction to tourists within the area.

Given that there is no adverse environmental impact in retaining the caravan for a limited period of time and that there is a good reason in the first instance for allowing a temporary use, it does not require to be justified with reference to the remainder of the criteria outlined under Policy Rur 1 of the Local Plan.

G) RECOMMENDATiON

I recommend that planning permission be Granted subject to the following conditions and reasons.

"In reaching my assessment on this application. I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information} Act 1985".

Head of Service Development 8 Building Control

DGJ

CONDITIONS AND REASONS RELATIVE TO APPLICATION 97/00996

1 . This permission shall enure for the benefit of the applicant only Or Ratcliffe. only and shall not fun with the land.

2 . The caravan shall be removed from the site on or before t h e 5* September 1999

Reasons

1-2. In the interests of amenity in that the caravan, by virtue of its design and materials used in construc!ion,

is considered unacceptable for permanent residential occupation.

c

Y

3 9

Local Member - Councillor J.Ailison Date of Validity - 8 July1 997

20 August 1997

97/01068. ALEXANDER BURKE & SON

SECURITY OFFICES TO 3 DWELLINGHOUSES FORMER DRIVING SCHOOL, QUEEN STREET, DUNOON.

CHANGE OF USE. CONVERSION OF DRIVING SCHOOUSOCIAL

(A ) THE PROPOSAL

Develoornent Repuirincl Planninq Permission

I Conversion of former driving schooi!social securtty offices (class 2) into 3 dwellings (class 14)

II. Formation of new vehicular access onto Queen Street

Ill. Formation of car parking area

IV. Change of roof covering.

V Partial demolition of central connection.

Other Ssecified Operations

I . Connection to public water supply.

II. Connection to public sewer.

(8 ) POLICY CONSIDERATIONS

Under Pol Ho 8 of the Cowal Local Plan the council will encourage infill, rounding off and redevelopment related to the existing built form.

Under Pol Corn 5 the council will oppose potential "bad neighbour" developments when it is considered that they are likely to adversely affect the amenity of neighbouring properties and land.

THE PROPOSAL ACCORDS WITH LOCAL PLAN POLICY.

(C ) CONSULTATIONS

Department of Environmental Services : No objections.

West of Scotland Water (Sewerage) : Views awaited.

West of Scotland Wa!er; Recommend cold water storage astern. No objection subject to Water Bylaws.

Area Engineer : No objections.

4 u

(D ) PUBLICITY AND REPRESENTATIONS

The proposa! was advertised as a potential departure to the Local Plan (Article 18-closrng date-15 August 1997) A petition signed by 109 people was received as well as four letters of oblection from J Rodger 101 Oueen Street, Mr Bonnar. 97 Queen Street. Mr D McPherson, 95 Queen Street, M Sonrneiwle. 27 Pilot Street in which the following concern was raised

i] The nature of the likely tenants is likely to give rise to problems. Extreme problems are already arising from Spence Court.

Comment: Thts is not a relevant planning consideralion rather it relates to a housing management of tne estate.

(E ) ASSESSMENT

The proposal entails the conversion of the former vehicle test centre and unemployment centre (class 2 - financiai, professional and other services) into 3 dwellings (class 14- dwelljnghouses). The building is situated on Argyll Street between the existing Scout hut and pathway on its western boundary, with a car park and Spence Court to its rear and housing upon its eastern boundary.

The existing building is single storey and finished in timber and is U shaped with a central corridor acting as a link. This corridor is to be removed which will result in the formation of two separate buildings with W O dwellings being accommodated in one and one dwellings in the other. The walls are to be clad rn brick and rendered.

In respect of the roof covering, it has been proposed that the existing silver grey sheettng be repaired although I do not consrder such a material to be highly appropriate of desirable within a residential area To this end, other possible finishes are bemg explored with the applicants agent and condition 4 refers.

The only objection raised in relation to the proposal is relative to the possible type of tenure group who will reside within the premises. As outlined above the issue of the type of tenants who may occupy a property is not a relevant planning consideration but a housing management issue and has no bearing upon the assessment.

The only concern is whether the property in question is capable of accommodating the proposal without giving rise to any land use or privacy and amenity concerns. In this regard I am satisfied that the use of this building for residential accommodation is entirely in keeping with the surrounding areas. My only concern stems from the limited curtilage area available and to protect the privacy and amenity of the residents through appropriate conditions.

Given the above I find the proposal to be acceptable.

(F ) RECOMMENDATION

I recommend that planning permission be Granted sub!ect to the following conditions and reasons ,I <c - 2

DGJ

U

CONDITIONS AND REASONS RELATIVE TO APPLICATION 97/01068

1 . Standard.

2 Notwithstanding the qrovistons of Article 3 and Classes 1,2,,3 and 5 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse hereby permitted without the prior wrinen consent of the Council as Planning Authority.

3 Notwithstanding the provisions of Article 3 and Class 1 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, no window or other openings shall be installed in the western a d eas:ern facing elevations of t he building without the prior written consent of the Council as Planning Authority

4 The development hereby permitted shall be re-roofed in a material to the satisfaction of the Planning authority and full details of the such a roof finish shall be submitted to and approved by the Planning Authority to include a sample prior to the Commencement of works

5. Prior to the commencement of work the proposed access shall be fully constructed to t h e satisfaction of the Planning Authority prior to any work commencing upon the existing building.

6. Full details of the proposed surface treatment of the car park and hard landscaping shall be submitted to and approved by the Planning Authority prior to the commencement of works.

7 . A 1.8 metre high timber fence shall be erected along the western, northern and eastern boundary of the site prior to the occupation of the first dwelling.

8. Full details of the boundary treatment of each of the individual curtilages for each of the proposed dwellings shalt be submitted to and approved by the Planning Authority. The approved details of the said curtilages shall be fully constructed prior to the occupation of the first dwelling.

Reasons

1. Standard.

2. In t h e interests of visual amenity, to protect the visual qualities of the area and the setting of the proposed dwellinghuuse from unsympathetic siting and design of developments normalty carried out without planning permission, these normally being Permitted under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

3 In order to prevent the inclusion of window and other openings in the western and eastern facing elevations, which would significantly undermine the privacy and amenity of adjoining residential property

4 . In the interest of visual amenity and to help integrate the proposal into its surrounding townscape setting.

5. In the interests of road safety.

6. In the interest of visual amenity and to help integrate the proposal into the surrounding townscape setting.

7. In the interest of protecting the privacy and the amenity of the residents of the proposed dwellings

E. In the interests of visual amenity as insufficient detail has been provided in this regard.

U

U ' 0

Y

4 3

Local Member Date of Validity

- Councillor Cilr A.McN~col - 16 July 1997

21 August 1997

97/01 87. A.6.ROBERTSON DETAILED. ERECTION OF GARDEN SHED

93 SANDHAVEN, SANDBANK.

(A ) THE PROPOSAL

Oevetopmeni Requirinq Planninq Permission

I. Retention of a garden shed withrn tbe rear curtilage of the dwellinghouse

(6 ) POLICY CONSIDERATIONS

There are no relevant policy considerations in this instance

(C ) PUBLICITY AND REPRESENTATIONS

Neighbour notification was undertaken in accordance with Article 9 of the Act. One letter of representation was received from Mr Scott, 92 Sandhaven, (letter dated 24 July 1997) in which the following concerns were raised:

I)

Comment: I am satisfied that the position of the shed does not result in the loss of light to such a degree to represent a planning concern in this Instance.

The proposal will result in a loss of light.

ii)

Comment: This is not a relevant planning consideration.

The proposal will result in a loss of view.

iii) The proposal represents a fire hazard.

Comment: This is not a relevant planning consideration.

iv) The garden h u t is sited too close to the adjoining boundary

Comment: See my assessment

v) The siting of the garden hut is inconsiderate and un-neighbourly

Comment: This is not a relevant planning consideration.

(D ) ASSESSMENT

The proposal is a retrospective application for tne retention of a garden shed within the rear curtilage of the applicants dwelling The hut is constructed of timber and situated close by the boundary with the adjoining property upon the northern side.

5

The principal concern in this instance and the basis of the letter of objection relates to the posttion of the shed and its impact upon the amenities of the adjoining dwelling. As outlined above, loss of views are not a relevant planning consideration although the loss of does represent a material planning consideration.

Whilst I am supporiive in principle of the sheds retention, I consider it reasonable to reposition the shed so that it does not impinge upon the adjoining property such that existing and future occupies are not affected by a loss of light. To achieve this, the shed must be repositioned that it will not affect the outlook when sited from a 4 5 O angle from the centre line of the patio doors of the adjoining property. Following negotiations the applicanrs have advtsed verbally that they are agreeable to the imposition of a condition to achieve this.

Subjec: to the imposition of condition 1 as s:ipula!ed and its compliance there on 1 a m satisfied that the proposed development would not affect the amenities of :he adjoining property and I find the proposal to be acceptable.

(E ) RECOMMENDATlON

I recommend that retrospective permission be granted subject to the following condition and reason.

Head of Service Development & Building Control DGJ

4 5

CONDITIONS AND REASONS RELATIVE TO APPLlCATiON 97/01087

1. Within 14 days of this decision, the existing shed in situ shall be repositioned within the real curtilage of the dwelling to the satisfaction of the Planning Authanly. I t shall be so repositioned such that it will not affect the light to the adjacent property from a 45@ angle from the centre position of the patio doors of No. 92 Sandhaven. Full details of the revised and precise position shall be submitted to and approved by the Planning Authority prior to the shed being resited.

Reasons

1. In order to protect the amenities of the adjoining residential property for existing and future occupiers.

I'

Argyll & 8ute Council Department of Planning, Development & Tourism Kilmory, Lochgilphead Aravll FA31 8RT

I I LOCATION PLAN RELEVANT TO

APPLICATION No. ciq 1 C I CZ+ t I 1

4 7

Local Member Date of Validity

- Councillor 0. Walsh - 14 July 1997

19 August 1997

97/01075/0UT. INNELLAN BOWLING AND TENNIS CLUB OUTLINE APPLICATION FOR THE ERECTION OF A DETACHED DWELLING

CLUB GROUNDS, TRINITY LANE, INNELLAN

(A ) THE PROPOSAL

Development Reauirinq Plannina Permission

I. Erection of a dwelling

Other Soecified Operations

I. Formation of a new access from Trinity Lane and turning head within curtilage of the site.

I / . Connection to public sewer and water supply.

(8 ) POLICY CONSIDERATIONS

The site lies within lnnellan whereby the Council will under POL COM 8 of the Cowat Local Plan 1993 encourage infill and rounding off and redevelopment which are well related to the existing built form.

The site is also situated within a Townscape policy area where under Policy POL BE4 the Council will not permit new development which would have a detrimental effect upon the character and setting of the area.

Trinity Lane has been identified under POL HO 12 (A) as requiring improvement to facilitate development. The Council will accordingly not support new development off this road prior to the necessary improvements being undertaken.

Under POL TR3 the Council will encourage road and traffic management improvements through the imposition of conditions of planning permissions relative to the development' proposals and through CO- operation with the highway Authority and Landowners.

In the absence of improvements at the junction of Trinity Lane and the A315 Shore Road there is a Policy Ground of Obiection.

(C ) CONSULTATllONS

Area Engineer: Proposal is accessed by Trinity Road a private road recently improved by the Residents Association with grant aid by the Council. Proposed access should b e relocated 20 metres to the south of the plot to improve the sightlines. Further, the sightlines on to Shore Road are restricted by high walls and hedging. Required sightlines can be achieved by lowering wall either side Trinity Lane and clearing scrub.

West of Scotiand Water (Sewerage) , N o objection subject to approval of West of Scotland Water

48

West of Scotland Water Supply): No objection subject to compliance with water bylaws.

Environmental Services Department: No Objections

(D ) PUBLlClrY AND REPRESENTATIONS

The proposal were advenised under Article 18 (Depanure/Potential Departure) closing date 15" August 1997. A total of 12 letters of representation all of whom have raised objections have been received from the following:

John and Patricia Bilrke (letter dated 20 07 97) a i Thorpe Dene 9 Trinity Lane. Innel!an

Mr and Mrs M.P. Gibson (letter dated 17.07.971 of 'Kiona" 1 Trinity Lane, Innellan:

Kevin Finh (letter dated 20.07.97) 'Branxholm", Trinity Lane, Innellan:

A.J.M Harper (letter dated 22.07.97). "Cruachan" 97 Shore Road, Innellan:

Neil and Moira Matheson (letter dated 23.07.97)" Glencairn West", Trinity Lane, Innellan:

Merle and tee Maclean (letter dated 21.07.97) 'Murthly Cottage, Trinity Lane, Innellan:

P.O'Neil (letter dated 24.07.97) 'Machar Glen", Trinity Lane, Innellan:

Mrs A. Lyden (letter dated 29.07.97)" Machal Glen", Trinity Lane, Innellan:

Mr and Mrs Brain Peterson (letter dated 01.08.97) 1 13 Argyll Road, Kirn:

Or. A.B. Thomas (letter dated 13.08.97) 'Kingsley Cottage" Trinity Lane, Innetian:

Alasdair and Morag Shields (letter dated 14.07.97) "Glencairn West", 5 Trinity Lane, Innellan:

Trinity Residents Association (letter dated 29.07.97) 5 Trinity Lane, Innellan:

In summary the following issues were raised:

1. Lack of prior consultation by the Tennis and Bowling Club prior to the application being submitted

Comment: The Planning Authority encourages all potential applicants to discuss development proposals with those individuals who may be most affected by any given development. There is no requirement to engage in dialogue but often satisfactory solutions can be identified through full consultation.

2. Poor access. narrow width of road, poor vkibility. additional traffic and pedestrian conflict particularly for the young and elderly.

Comment: See my Assessment.

3. Trinity Lane is a Private Road, no right to use the Lane.

Comment. Thts is a separate legal matter for interested parties to consider although the Planning Authority should ensure that the parktng and turning is brought into use before occupation of any dwelling should permission be granted.

4. Loss of privacy, loss of daylight, loss of sunlight.

Comment: See my Assessment

I 'WORO~OBC.Ut4bPPS P ~ L T ~ I ~ ~ ~ I O I S - W R Doc

5. Affect upon amenity of the area

Comment: See my Assessment.

&Loss of spectacular views from other properties within the vicinity of the site.

Comment: This is not a material planning consideration

7. House prices would be devalued.

Comment' This is not a material planning consideration.

8. Disruption to residents during construction and the effect on house security and strangers in the area.

Comment: The issue of the potential tenure of the property and issues affecting construction work is not a rna!erial planning consideration.

9. A dweiling would limit recreational facilities

Comment: See my Assessment.

10. .Expense recently incurred for upgrading Trinity Lane which the applicant did not contribute.

Comment: This is not a matter for the Planning Authority.

11 .Grant assistance has not been pursued by the Tennis and Bowling Club and they stand to profit by a five figure sum.

Comment: Financial considerations are not a relevant consideration.

12. Precedent would be created by future developments in the immediate area.

Comment: Each application must be considered on its merits although undoubtedly were the proposal to be granted this could encourage further and increased use of Trinity Lane having regard to other sites within the vicinity.

13. There may be a restrictive covenant restricting the use of the site for community use only

Comment: I f applicable, this is a separate matter for other interested parties

f4.lnsuff~cient detail has been submitted as to whether a two story dwelling or bungalow is proposed

Comment: The application has been made in outline form. There is sufficient information to determine the merits of the application. Should the proposal be permitted a condition to restrict the scale and nature of the development could be imposed.

Other Rewesentations :

Having regard to the concerns outlined above, an evening meeting was heid on 30 July 1997 with the Applicant, Local Residents, Senior Planning Officer, Area Engineer and Local Councillor in attendance.

50

(E ) ASSESSMENT

It IS proposed to erect a single dwelling on a raised plot of ground immediately to the rear of the wooden club howse in situ, the latter of whrch appears ta be in need of some renovation An indicative plan of the "Lm shaped dwelling of approximately 94 square metres has positioned !he dwelling 8 0 metres from the gable wall of the property "Klona" in the same building line The access is shown from Trinity lane ~n 11s original submitted form m t h a turning head within the curtilage of the site.

Physicalty the site is capable of accommodating a dwelling, and although to a degree such a dwelling would interrupt views to the River Clyde from other properties, there is no right to any particular view, a fact enshrined within the Planning System since its conception.

No details have been submitted as to whether a single story, one and a hatf storey or two storey dwelling would be erected but this aspect could be so conditioned if desired. To my mind having regard to the general character of the area, a one and a hatf or possibly two story dwelling would be more in keeping with the overall character of the area.

Having regard to t h e proposed positioning of the dwelling and its relationship to surrounding properties, I am satisfied that there would be no loss of amenity to surrounding properties by virtue of loss of daylight, sunlight or loss of privacy given that the nearest existing dwelling is some eight metres away and is separated by an existing stone wall.

Limited correspondence took place with the applicants prior to the submission of the application and I cannot endorse their decision to not undertake consultation with the wider community. It was however intimated to the applicants that a Comprehensive and well conceived redevelopment of the whole of the site should be considered rather than piecemeal development, largely since the issue of car parking and access to the site appears critical to its success or otherwise.

It is acknowledged that the use of the Tennis Club and Bowling green IS in private hands and its future and continued use is not for the Planning Authority to best decide upon. However, it is also clear that there is a major and very serious problem with parking of vehicles both within the curtilage of the entire site with up to 7-8 vehicles parking in close proximity to the existing club house. and within close proximity to the site.

Significant parking, particularly at match or tournament events takes place within the lay-by near to the junction of Shore Road and Trinity Lane. There is a serious conflict between existing road users and pedestrians and I consider to allow the proposal in its current format with vehicular parking taking so close to the proposed dwelling, together with the conflict of a residential use and leisure/community facility will undoubtedly increase the potential for future confiict and a poor standard of residential amenity. This issue may be resolved through the comprehensive redevelopment of the site as originally suggested.

Undoubtedly the central issue which has been expressed by local residents is that of vehicular access to the site. Trinity Lane is a p.rivate road, particularly narrow in width, with very limited passing places for much of its length resulting in significant reversing manoevoures on the lane to the overall detriment of public and pedestrian safety. Sightlines at the junction of Shore Road and Trinity Road are currently restricted whilst forward visibility on Trinity Lane at its 90% bend at the corner of the property "Klona" lead to significant road safety hazards. Other aspects such as the Bus Stop and the parking of buses along Shore Road serve to illustrate there is already a serious conflict at the site and within close proximity.

It is acknowledged that should the walls to the two properties "Cruachan" and "Kmgsley" be cut back by approximately 3 metres and cleared of shrub. this would give some benefit to all residents using Trinity Lane and not lust the potential occupiers of the proposed dwelling However, such land is outside the control of the applicant and I consider i t reasonable for the Planning Authority to have regard to the comments of property owners one of whom has unequivocally indicated that they would be totally unwilling to be party to improved sightimes.

5 1

I consider lhere is liflle to be gained from introducing an element of Uncertainty for the site by granting permission for a dwelling which as I have previously outlined is flawed and for which there appears little real prospect of gaining control over land outwith the application site. In the event, I am satisfied that Trinily Lane should not be encouraged to cater for any additional traffic having regard to its restrictive forward visibility, very limited passing places and 1ts narrow width and the precedent this would create for other potential sites.

In conctusion, 1 consider having regard to the central issue of access that there IS a serious conflict with the Local Plan Policy although comprehensive proposals for the entire srte may alleviate this situation ThLs however is a matter for the applicant to address

(F) RECOMMENDATION

I recommend that the application be Refused for the Two Reasons set out on the following page:

"In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for pubiic inspection in terms of the Local Government (Access to Information) Act 1985".

Head of Service Development & Building Control POS/POS,

51

REASONS for REFUSAL RELATIVE TO APPLICATION 97/01075/0UT

1. Trinity Lane is a narrow restrictive road with iirnited or few passing places, poor forward visibility at the corner of the property 'Klona" and restricted sightlines at the junction of Trinity Lane/Shore Road within close proximity to a bus stop Given the serious pedestrian and vehicular conflict that currently exists, the increased usage of Trinity Lane by addrtional traffic in the absence of proposed improvements would be seriously prejudicial to road safety, creating a precedent for further and increased road usage contrary to the provisions of Policy POL HO 12 {A) the Cowal Local Plan 1993.

2. Having regard to [he existing vehicular parking conllict both within close proximQ to the site and immediately adjacent to the proposed dwelling, togeiher with general noise and disturbance, the proposal would result in increased conflict leading to a poor standard of amenity for occupiers of t h e dwelling in the absence of the comprehensive redevelopment and separation of such conflicting and separate uses.

54 Local Member Date of Validity - 16.6.97

- Councillor A. MacQueen

20 August 1997

97/00968/DET. MR N. JACK DETAILED APPLICATION.

ERECTION OF A DWELLINGHOUSE, OFFICE & SHOP, LOCH MELLDALLOCH, BY TGHNABRUAICH.

(A ) THE PROPOSAL

DevelQDment Recluirinq Planninq Permission

I. Erecticn of a dwellinghouse, including an office and shop. Materials to be used are white, wet dash render, natural slate and stained timber sash and casement windows.

Other SDecificd Operations

I. Installation of bio-plus compact sewage treatment system

It. Connection to existing private water supply

Ill. Access off existing unsurfaced track.

IV. Provision of landscaping planting

V. Demolition of existing temporary building,

(B ) PLANNING HISTORY

Planning permission for the formation of a car park at the site was granted on 1 1 August 1992 (ref: 01- 92-0293). A three-year temporary permission for the formation of fishing facilities at the site was granted on 1 July 1993 (ref: 01 -93-0363).

(C ) ADOITIONAL INFORMATION

In support of his application, the applicants' agent has submitted further information on the proposal (letter dated t6.7.97) which Is summarised below.

The applicant has been developing the commercial fishing potential of Loch Mealtdalloch for some years through the provision of stock (brown trout), infrastructure (access tracks, jeRy etc) and basic facilities (temporary shelter). This has been primarily aimed at tourists but is also available for local anglers. However, the lack of on-site facilities and the requirements of managing live fish stock mean that the commercial fishing business cannot be developed to its full potential under the present circumstances.

Introducing a constant on-site presence would provide t he following: passive policing (thereby limiting poaching and unauthorized fishing); securityiticket control; essential storage; business base (office): assistance and welcome for anglers and tourists; shelter and amenities for customers; provision of angting-related supplies for loch users and greater marketing opportunities (to passers-by, tourists etc),

55

i

The best way of providing all these elements 4s by combining a residentialibusiness use into one building sited immediately below the existing car park This has the advantages of good views over the loch for supervrsoFy purposes: a low-key presence and least visual impact on the wider landscape due to surrounding topography plus avoiding a proliferation of buildings (and aliowing the existing temporary building to be removed)

(0 ) POLICY CONSIDERATIONS

The site lies withrn a Regional Scenic Area where, under POL RUR 1. the Council seeks to enhance Ihe landscape qLa!ity of the area and resrs: development which would have an adverse visual impact All developments must be justified under the relevant POL RUR 1 criteria.

Whilst the principle of a dwellinghouse and office on the site IS acceptable, the scale of this four bedroomed (wirh three en-suites) together with the proposed design is considered unsympathetic to the character of the area and would detract from the surrounding landscape.

THE CURRENT PROPOSAL IS CONTRARY TO POLICY.

(E ) CONSULTATIONS

I. Area Engineer (memo dated 28.7.97): No objections subject to conditions,

II. Scottish Environmental Protection Agency: Views awaited.

Ill. Director of Environmental Services: (memo dated 11.08.97)

Essential that the sewerage system does not prejudice the source of drinking water for existing dwellings. Consistent failure in the area to comply with drinking water quality standards. Should ensure full consultation with SEPA and private water sup[ply complies with the Private Water Supply Regulations (Scotland) 1992.

(F ) PUBLICITY AND REPRESENTATIONS

The proposal was advertised under Article 9 (Vacant Land) of the Act (closing date 8.8.97) and seven letters of representation have been received from R.A.F. MacKay, Auchnaskeoch Farm House, Kilfinan (letter dated 28.7.97); Or and Mrs I.A. Lardy, Mill Burn Cottage, Melldalloch (letter dated 29.7.97); M r C.J.T. Surgenor, Ardnafruin Lodge, Kilfinan (letter dated 31.7.97); Mr N. Ferguson, lnverfyne Farm, Kitfinan (letter dated 7.8.97); Mr M. Cassidy , owner of Lodge 11, MeildalIoch Lodges, Kilfinan (letter dated 5.8.97); J. and E. MacColl, Achnaskioch, Kilfinan (letter dated 4.8.97) and Mr F. Milne, 13 Ruthven Street. Glasgow, owner of Lodge 1, Melldalloch Lodges (letter dated 7.8.97). The grounds of objection are summarised below.

I . The proposed drainage outfall is shown on the submitted plans as discharging into an existing ditch. Presumably this will then either discharge into the loch or leak into the loch through the soil. Loch MelldalLoch is the source of the water supply for a number of private properties and the Melldalloch chalet complex. Any pollution of Loch Melldalloch could have serious consequences for all these properties. The proposal shows 4 en-suite bathrooms, which would indicate a potentially heavy use of the drainage system.

. i

5 6

Comment: Both the Scottish Environmental Protection Agency and the Director of Environmental Services have been consulted on the proposals and will advise of any potential problems with the proposed drainage arrangements. AI! parties have been made aware of these concerns and further clarification is warranted.

II. The proposed development is in an open area outside the village and not in an area zoned for residential or commercial development. Any commercializatjon of the loch would be to the detrirnen! of the character and scenic quality of the area. Melldalloch is one of the few relatively untouched hill lochs in this area and has already been marred by the creation of a causeway to the island. The proposed building will further spoi l views of the island from the public road.

Comment: Further details on the applicant’s claim of operational need are given in Section C above This issue will oe addressed in my Assessment (See below)

111. Clarification of the need for the dwelljnghouse is required. Is the applicant himself to live there all-year round or install a manager to carry out the administration and supervision? Will the house be sold off on the open market? A balance must be struck between commercial necessity and landscape impact.

Comment: This issue will be addressed in my Assessment below.

IV. The area around the site is sewed by an unclassified single-track road and Ihe access to and from the site has restricted visibility. Any further increase in the volume ot traffic will increase the danger for motorists and pedestrians.

Comment: The Area Engineer has been consulted on the proposals and has raised no objections, although some conditions with regard to access and visibility would be required.

(G ) ASSESSMENT

The proposed site lies within the South Cowal Regional Scenic Area where all proposals require to be assessed against the following POL RUR 1 criteria:

1) Environmental Impact

The site lies just below the existing car park which serves the fishing loch. The site is in a relatively exposed location and any dwellinghouse on the site would be readily visible from the public road and particularly prominent when viewed from the road heading north from Kames, where the road crests the hill and provides views across the loch. However, the site sits below the level of the car park and this would provide some backdrop for a dwellinghouse. It also has the advantage of keeping development away from the loch itself.

Whilst therefore I acknowledge the relative prominence of the site, I consider that it is in fact the best availabte site within the vicinity of the loch after careful scrutjny and appraisal by my department. However in order to ensure that a building is absorbed into the landscape, it must be carefully and sympathetically designed. In this regard, I consider that only a modest-sized, traditional building with traditional finishes could be successfully accommodated at this exposed location and subject to the LocationaI/Operationa~ necessity.

By contrast the proposed design IS of a large-scale L-shaped dwelling with a single-storey extension The proposed scale, massing and design is particularly over bearing and not in keeping with the character of t he area The use of a white rendered finish would serve to exaggerate the scale and prominence of such a large dwelling in this exposed location I consider that I consider that the current proposal would have an adverse environmental impact

5 7 . 4

LocationallOperational Need

The applicant has stated his need for a dwellinghouse and office, shop on the site in connection with the fishing business for reasons of security, management requirements and to allow the fishing business to be developed 10 its full potential t would support this claim provided that a Section 75 Agreement was entered into to prevent the dwellinghouse being sold off separately from the loch and fishing business I would also seek the removal of the existing portacabin in S I ~ U at the site

Economic Benefit (including Agricultural Diversification)

There 1s some economic benefit to the local tourist economy assoc!atea with the development of the fishing facility

Infrastructure and Servicing Implications

No objections have so far been raised by the servicing bodies with regard to the servicing of the proposal. although the Director of Environmental Services has advised that the quality of the proposed water supply will probably need upgrading The Scottish Envronrnentai Protection Agency have yet to advise on the proposed drainage system

In summary, I consider that the principle of a dwellinghouse and office on the site can be accepted on the basis of locational/operational need (subject to a Section 75 agreement to prevent the dwellinghouse being sold off separately from the loch and fishing business).

Whilst the site is in a very exposed location this is in fact the best site available within the vicinity of the loch. However, I consider that the site could only accommodate successfully a rnodest-sized, traditional property and the scale and design of the current proposal is not in keeping with the character of the area.

The current proposal cannot be supported although t h e applicant has been contacted to this effect and been advised that the current application should be withdrawn and discussions entered into to reach agreement on a more acceptable scale and design. In addition, the issue of the private drainage system has also to be assessed.

Accordingly, 1 recommend that consideration of the application be continued

(H ) RECOMMENDATION

I recommend that consideration of the application be continued pending receipt of the applicant’s response to the request for the withdrawal of the application and/ or amended plans and a response from SEPA..

“In reaching my assessment on this application. I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 198

Head of Service

AC/ac Development &

I

J

58

Local Member Date of Validity - 28.7.97

- Councillor A. MacQueen

21 August 1997

97/01 169/DET. F IONA MACPHAIL & OEREK ANOREWS DETAILED APPLICATION. ERECTION OF HOLIDAY LODGES, EXTENSION

AND IMPROVEMENTS TO CARAVAN SITE, CHANGE OF USE OF EXISTING BUILDINGS TO HOUSE, RECEPTION AND SHOP AND ENVIRONMENTAL IMPROVEMENTS,

CARRY FARM, ARDLAMONT, BY KAMES.

(A ) THE PROPOSAL

Development Reguirinrr Planninq Perrnisslon

I . Erection of three timber holiday lodges to replace three existing caravan pitches.

II. Extension to existing caravan site to provide 14 static caravans and four touring caravan pitches.

IIt. Improvements and alterations to existing toilethhower block. Materials to be used are stained timber cladding. stained timber top hung windows and grey bituminous felt to new pitched roof.

IV. Installation of septic tank.

V. Change of use of existing outhouses to self-catering cottage and office/shop. The only proposed external alterations are the addition of new window openings. Materials to be used are

VI. Improvements to existing access and formation of new internal access tracks.

Other SDecified ODerationS

I. Provision of landscaping planting.

II. Connection to public water main.

(B ) SUPPORTING INFORMATION

In support of the application, t he applicants’ agent has submitted a background statement on the proposals (Development Statement dared June 1997) which is summarised below.

Carry Farm consists of approximately 60 acres, mainly on the peninsula at Carry Point. The farming viability of the land, in common with many similar properties, is now almost non-existent. The applicants (now the owners) wish to establish a home and working base for themselves and provide employment for others in the area by carrying out low-key development and establishing environmental improvementlprotection for the land whilst allowing public access. A full landscape and environmental audit of the farm has been undertaken and the landscaping/environmental proposals are as a result of this.

(H ) RECOMMENDATION

I recommend that consideration of the application be continued pending receipt of an amended plan showing the necessary alterations to the access and parking arrangements and subject to t h e views of outstanding consultees.

“In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available fer public inspection in terms of the Local Government (Access to Inforration) Act 1985”.

Development 8 BuildIng Control AGac