Minutes:
The Chair, Councillor Gordon Blair, welcomed everyone to the
meeting. He explained that no person
present would be entitled to speak other than the Members of the Local Review
Body (LRB) and Mr Jackson, who would provide procedural advice if required.
He referred to the site inspection held earlier today (see note of site
inspection attached as Appendix A to this Minute) and to the further
information requested from the Planning Officer, and 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.
The Members of the LRB all confirmed that the had sufficient
information before them to come to a decision on the Review.
Councillor Wallace advised that his only concern had been the tight
corner at the bottom of the hill. He
said that he had noted that there was plenty of parking available for all the
houses even if the neighbours had visitors.
Councillor Howard advised that she believed that the tight corner and
narrow width of the road would encourage road users to drive with care.
Councillor Blair advised that the site inspection had been helpful in
that respect. He advised that he was
also pleased to see the red squirrel and noted that the Applicant wished to
promote biodiversity in the area.
Councillor Howard read out the following Motion:
Motion
The
reason for refusal of this application was an objection from the roads
department in relation to intensification of use of the private road and road
safety issues related to that which means that the application doesn’t comply
with Policy LDP 11 and SG LDP TRAN 4 of the current LDP and Policy 37 of the
proposed LDP2 this application complies with all other relevant policies in the
current LDP and the proposed LDP2.
I
have noted however that the application complied with all relevant planning
policies and there was no objection to this application on any other policy
grounds from the Planning Department.
The
Applicant’s agent has confirmed that the applicants could use two rooms within
their dwelling house for bed and breakfast accommodation in terms of Class 9
(houses) of the Use Classes Order without need to apply for planning permission
and as such the roads department could not raise any objection on the grounds
of intensification of use of the road.
The
Applicants’ agent has raised the issue of precedent in regard to the approval
of similar application but I do not consider that there has been a precedent as
each application must be considered on its own merits.
It
is entirely possible that had the LRB’s for Broomhill (22/01001/PP) and Soroba
Lodge (20/01542/PP) been made up of different Members then a different decision
could have been reached in respect of those and I’ve noted that the minute of
the LRB for Broomhill records that it was a majority decision of the LRB as one
of the Members confirmed that he agreed with the recommendation from the Roads
Department that the application be refused.
Turning
to the road safety issues identified by the planners/roads department, in
relation to the single track access road and potential implications for road
users and members of the public.
I
have noted that the property is fully occupied by the family and there is no
likelihood at this point in time of the house being used as bed and breakfast
accommodation, nor has it been used as such in the past, so on that basis, I
recognise the point that an approval of this application will mean by default
that there will be an intensification of the use of the road.
It
has been confirmed at the site visit that the private road has been used without
any issues for a number of years and it has been helpful to have had the
opportunity of undertaking the site visit.
The
impact of the intensification on road safety is a subjective matter and while I
understand the concerns of the planners/roads department about the single track
road and the junction between Polvinister Road and Glencruitten Road, the road
users should be driving to road conditions with appropriate levels of care.
Having
considered the representations of all the interested parties, including the
confirmation by the Applicant’s agent that the pod would only be occupied for
periods of not less than 3 days, I do not consider that the small
intensification of the use of the road due to the pod will cause an increase in
road safety issues, such as to warrant a refusal of this application.
I
am of the view therefore that this application can be approved and I would
therefore move that the application is approved as a minor departure from NPF4
Policy 13 and Policy 37 of LDP2 subject to the conditions and reasons provided
by the planners as detailed on pages 4, 5 and 6 of the papers for today’s
meeting along with the following additional conditions which in effect restrict
(1) the use of the pod for bed and breakfast, if at any point the principal
house is being used for bed and breakfast and (2) ensures that the pod is only
made available for periods of not less than a 3-day occupancy.
Condition - Notwithstanding the provisions of Class
9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as
amended, the new glamping pod hereby approved must not be occupied during any
period when any bedrooms within the principal dwellinghouse are operating as
[or being occupied as] bed and breakfast or guest house accommodation.
Reason - In the interests of road safety
Condition
- Notwithstanding the provisions of Class 9 of the Town and Country Planning
(Use Classes) (Scotland) Order 1997 as amended, the new glamping pod hereby
approved must only be made available for periods not less than a 3-day
occupancy.
Reason
- In the interests of road safety.
Councillor Peter Wallace advised that he would be happy to support this
Motion. He asked if it would be possible
to add an additional condition in respect of maintenance of the road verges.
Mr Jackson acknowledged that the Applicant had indicated that he would
be willing to maintain the verges. He
explained that this could be included as an Advisory Note from Planning that
the road verges be maintained.
Decision
The Members of the 鶹Ѱ and Bute Local Review Body, having considered
the merits of the case de novo agreed to grant planning permission as a minor
departure from NPF 4 Policy 13 and Policy 37 of LDP2 subject to the following
conditions and reasons and the inclusion of an Advisory Note by Planning
regarding maintenance of the private road verges:
Standard Time Limit Condition:
The
development to which this permission relates must be begun not later than three
years from the date of this permission.
Reason: In accordance with Section 58 of the Town
and Country Planning (Scotland) Act 1997.
Standard
Soils Management Condition:
Where the
development involves ground breaking works, soil management should be
undertaken in compliance with the established best practice set out in the
DEFRA publication “”, unless
an alternative methodology for sustainable management of soil is submitted to
and approved in writing by the Planning Authority.
Reason: In order to ensure that sustainable
management of soils and compliance with the requirements of NPF4 Policy 5A.
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 30/05/22, 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 |
22823-WHAS-ZZ-XX-PL-A-00-0001-01 |
|
21/06/23
|
Site
Plan |
22823-WHAS-ZZ-XX-PL-00-0002-02 |
|
01/08/23
|
Plans
& Elevations |
22823-WHAS-ZZ-XX-PL-A-00-0003-01 |
|
21/06/23
|
External
Site Layout |
22823-WHAS-ZZ-XX-PL-A-00-0004-01 |
|
21/06/23
|
Design
Statement - 7 Pages |
|
|
01/08/23 |
Management
Plan |
|
|
13/09/23
|
Proposed
Screening |
|
|
01/08/23
|
Utilities
Statement |
|
|
21/06/23
|
Reason: For the purpose of clarity, to ensure that
the development is implemented in accordance with the approved details.
Note to Applicant
Please note the comments contained in the consultation response from
Scottish Water which is published in full on the planning application file
available to view on the section
of the Council’s website.
2.
PP -
Occupancy Restriction
Notwithstanding the provisions of Class 9 of the Town and Country
Planning (Use Classes) (Scotland) Order 1997 the residential accommodation
hereby approved shall be used for short term holiday occupancy only and not as
a main residence and shall not be occupied by any family, group or individual
for a cumulative period of more than three calendar months in any one year. A
register showing dates of arrivals and departures shall be maintained at the
premises and shall be available at all reasonable times for inspection by the
Planning Authority.
Reason: In order to define the
permitted occupancy having regard to the fact that the premises are unsuitable
for permanent residential occupation.
Note to Applicant:
·
For
the avoidance of doubt this permission only provides for the occupation of the
premises on a short term basis on the grounds that the development is unsuited
to full time residential occupation. Specifically the occupation of the
premises as a dwelling shall require the benefit of a separate planning
permission.
·
The Civic Government (Scotland) Act 1982 (Licensing
of Short-term Lets) Order 2022 will require the host of any new short-term let
to apply to the Council for a licence. Further information can be found on the
Council’s website: /licences/short-term-lets-licence.
3. Notwithstanding the provisions of Class 9 of the Town and Country
Planning (Use Classes) (Scotland) Order 1997 as amended, the new glamping pod
hereby approved must not be occupied during any period when any bedrooms within
the principal dwellinghouse are operating as [or being occupied as] bed and
breakfast or guest house accommodation.
Reason - In the interests of road safety
4.
Notwithstanding the provisions of Class 9 of the
Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, the
new glamping pod hereby approved must only be made available for periods not
less than a 3-day occupancy.
Reason - In
the interests of road safety.
5.
PP –
Management Plan
The
development shall be operated in accordance with the measures set out in the
Management Plan for the proposed development
submitted on 13/09/23 unless otherwise agreed in writing by the Planning
Authority.
Reason: In order to avoid noise nuisance in the interest of
amenity.
6.
PP – External
Lighting
Notwithstanding the effect of Condition 1, all external lights for the premises
(security lights / access lighting) should:
·
Be fitted with light cowl /
hood to ensure that the light is controlled and does not shine onto
neighbouring properties.
·
Each external light should
be fitted with a timer so that it only turns on when needed and will not be
required to be left on for long periods of time.
·
Not be excessively bright
and affect neighbouring properties.
Reason: in order to protect the amenity of the area
in terms of light nuisance.
7. PP – Submission of
Details of Materials
Notwithstanding the
effect of Condition 1, no development shall commence until written details of
the type and colour of materials to be used in the construction of the
accommodation pod hereby approved have
been submitted to and approved in writing by the Planning Authority. The
development shall thereafter be completed using the approved materials or such
alternatives as may be agreed in writing with the Planning Authority.
Reason: In
order to integrate the development into its surroundings
8.
PP -
Biodiversity Enhancement Measures
Notwithstanding
the effect of Condition 1, no development shall commence until a biodiversity
statement has been submitted to and approved in writing by the Planning
Authority. The statement shall demonstrate how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits
will be implemented and maintained for the lifetime of the development.
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 as appropriate.
Reason: To
comply with the requirements of NPF4 Policy 3.
9.
PP – Boundary
Screening
Notwithstanding the effect of Condition 1, the accommodation pod shall
not be brought into use until such time as the boundary screening shown on the
Screening Proposal has been implemented on site, unless otherwise agreed in
writing with the Planning Authority.
Reason: In the interests of privacy and amenity.
10.
PP – Surface
Water Drainage – No further detail required
Notwithstanding the effect 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. 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.
Note to Applicant
Further advice on SuDS can be found in SEPA’s Standing Advice for Small
Scale Development – .
(Reference: Further information from Planning, submitted)
Appendix
A
ARGYLL AND BUTE LOCAL REVIEW BODY
NOTE OF MEETING OF SITE INSPECTION RE CASE
24/0007/LRB
ACCESS ROAD LEADING TO FERNLEA, POLVINISTER ROAD,
OBAN, PA34 5TN
WEDNESDAY 25 JUNE 2024
In
attendance Councillor Gordon
Blair, 鶹Ѱ and Bute LRB
Councillor Fiona
Howard, 鶹Ѱ and Bute LRB
Councillor Peter
Wallace, 鶹Ѱ and Bute LRB
Iain Jackson, Governance, Risk and Safety Manager (Adviser)
Graham Fielden, Applicant
Robert Wilson, Agent
Fiona Scott, Planning Officer
Fiona McCallum, Committee 鶹Ѱ Officer (Minutes)
Apologies
were noted from James Jackson, Traffic and Development Officer
The
鶹Ѱ and Bute Local Review Body (LRB) agreed on 20 May 2024 to conduct an
accompanied site inspection. The purpose
of the inspection was to view the private access road to assess its condition
and other issues raised by the Roads Officer in his objection to the
development.
The
Local Review Body convened at 11.00 am on 25 June 2024 at Fernlea, Polvinister
Road, Oban. The Chair welcomed everyone
to the site inspection and introductions were made.
Mr
Jackson welcomed all attendees and explained the procedure for the site visit.
Councillor
Blair sought and received confirmation from Mr Fielden that he lived in the
house with his wife and 3 children aged 14 years, 10 years and 5 years. Mr Fielden advised that he was not currently
running the house as a bed and breakfast establishment but it may be something
he would consider in the future once his children had left home.
Councillor
Wallace sought and received confirmation from Mr Fieldon that since he moved to
his home 10 year ago he has not been aware of any accidents or incidents on the
private access road. Mr Fielden
explained that he was an Engineer and Project Manager and had prepared a risk
assessment for the road which had been submitted as part of his supporting
documentation in respect of this case.
Mr
Fielden pointed out the core path in front of his property and advised that he
would be encouraging visitors to use this path.
Councillor
Blair sought and received confirmation from Mr Fielden that he proposed letting
the accommodation pod for a minimum of 3 nights. Mr Fielden advised that they did not want to
have multiple turnovers and envisaged bookings for at least 3 nights over the
weekend or during the week.
Councillor
Howard asked if there would be room to park 3 cars side by side in the driveway
of Fernlea. Mr Fielden confirmed that
there would be space. He added that he also had an EV charger. Miss Scott confirmed that the plans
accompanying the application included the layout of parking.
The
Members of the LRB viewed the location of the proposed accommodation pod. Mr Fielden pointed out a neighbouring
property, which could be seen from the site.
He advised that his neighbour was objecting on the grounds of
overlooking. Mr Fielden explained that
be proposed planting a half hedge in front of the accommodation pod to address
this concern. He advised that it would
also provide privacy to those staying in the pod and would promote biodiversity
in the area.
The
Members of the LRB walked down the private road. They noted the core path and also noted that
it was well used by dog walkers and cyclists.
Mr Fielden advised that users of the path did not park next to its
entrance.
Councillor
Blair suggested that consideration could be given to displaying 20 mph signs on
the private road. Mr Fielden confirmed
that he would be happy to do this and also suggested the use of reflective
mirrors and slow signs.
Councillor
Howard sought and received confirmation from Mr Fielden that water did not run
down the private road during heavy down pours.
The
Members of the LRB noted grit bins at the top and bottom of the private road
and also a run off area which cars could pull in to if they met vehicles coming
the other way.
Councillor
Howard suggested that the sharp bend and narrowness of the road would encourage
road users to drive slowly.
Having
established that Members had no further questions, Mr Jackson thanked all in
attendance for their input.
This
concluded the site visit.
Supporting documents: