Local Review Body Minutes

Date:
Tuesday 17 April 2018
Time:
10:30am
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
John Martin (Chairman)-Nith
Andrew Giusti-Stranraer and the Rhins
David J McKie-North West Dumfries
Ronnie Tait-Annandale East and Eskdale
John Young-Castle Douglas and Crocketford
Officials:
Robert Duncan - Independent Planning Advisor
Claire Rogerson - Governance Officer
Item Number Item/Description
PUBLIC
1 APPOINTMENT OF CHAIRMAN FOR THE MEETING

Decision

 

AGREED to appoint John Martin as Chairman for the meeting.

 

PROCEDURE - John Martin assumed the role of Chairman for the meeting.

2 SEDERUNT AND APOLOGIES

5 Members present.

3 DECLARATIONS OF INTEREST

NONE declared.

4 SITE ADJACENT TO A713, APPROXIMATELY 200M NORTH OF BARSKEOCH MAINS, CASTLE DOUGLAS - REFUSAL OF PLANNING PERMISSION FOR ERECTION OF DWELLINGHOUSE, DETACHED DOUBLE GARAGE, BOILERHOUSE AND STORE AND INSTALLATION OF SEPTIC TANK AND SOAKAWAY (16/1135/FUL)

VOTE

 

4.1   MOTION by ANDREW GIUSTI seconded by JOHN YOUNG to reverse the decision of the appointed officer and approve application 16/1135/FUL on the grounds that this proposal conforms with Local Development Plan Policy H3 because the proposal would represent the beneficial redevelopment of a rural brownfield site and that as the development was for a single dwelling house, not for commercial reasons, that a business case to justify the scale of the proposed development had been made, and would also conform with Local Development Plan Policy OP2 and associated supplementary guidance as it would be sympathetic to the local built forms and respect the existing physical and landscape features of this site subject to conditions as follows:
1.   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the access has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public roads or into the site from the public road.

 

2.   That any proposed access gate shall be not less than 6 metres behind the public road carriageway and shall open into the site only.

 

3.   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the proposed vehicular access at its junction with the A713 public road has been formed so as to be 4 metres wide for the first 5 metres from the public road and has been constructed with 4 metre radius curves.

 

4.   That the dwellinghouse hereby granted planning permission shall not be occupied unless the off-street car parking / turning areas shown on the approved drawings have been formed in complete accordance with the said drawings or such other drawings as may be approved in writing for the purpose by the planning authority. Thereafter, the said parking / turning areas shall be kept clear from obstruction and shall be retained only for that purpose for the lifetime of the development.

 

5.   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until visibility areas (insofar as can be provided on land under the applicant's control) have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:- 
(a) measured 2.4 metres back along the centre line of the access from the nearer edge of the main carriageway; and 
(b) measured 215 metres from the centre line of the access along the nearer edge of the carriageway of the A713 public road.

 

6.   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 5 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas.

 

7.   That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the first 5 metres of the access from the A713 public road has been surfaced in bituminous materials (or such other material as may be agreed in writing by the planning authority).

 

8.   That no development in respect of this planning permission shall take place unless and until a site-specific ground investigation report by a suitably qualified person, together with any remediation strategy deemed necessary, in respect of the possible contamination of the site as a result of its previous use as a roads maintenance depot has been submitted to and agreed in writing by the planning authority (in consultation with the Council's Contaminated Land Officer).

 

9.   That, notwithstanding the details shown on the approved drawings, no permission is hereby granted for the external finishes for the proposed dwellinghouse. No development in respect of this planning permission shall take place unless details of the precise external finishes proposed have been submitted to and approved in writing by the planning authority. The dwellinghouse hereby granted planning permission shall not be occupied unless it has been finished in such external finishes as have been so approved.

 

10.   That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting and hard landscaping has been submitted to and approved in writing by the Council as planning authority. The scheme shall include all grassed areas, hedges, retained trees and other retained vegetation, details of changes to existing levels, hard surfacing, walls, fences and other means of enclosure, formation of banks, terraces or other earthworks. The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting and initial maintenance to aid establishment. The scheme shall also detail the specification of the materials and colours to be used in respect of any hard surfaces, walls, fences or external structures.

 

11.   That such scheme as may be so approved in respect of Condition 10 above shall be implemented in the first planting season following the completion or occupation of the dwellinghouse; hereby granted planning permission. Thereafter, all trees and shrubs forming part of the approved scheme shall be maintained and replaced where necessary to the satisfaction of the planning authority for a period of not less than 10 years. No trees forming part of the approved scheme shall be pruned or lopped during the 10 year period following planting without the prior written approval of the planning authority.
 

4.2   AMENDMENT by JOHN MARTIN seconded by DAVID J McKIE to uphold the decision of the appointed officer and refuse application 16/1135/FUL.

 

On a vote being taken by roll call, Members votes as follows:

 

Motion - 3 votes being:

 

Andrew Giusti, Ronnie Tait and John Young.

 

Amendment - 2 votes being:

 

John Martin and David J McKie.

 

Decision

AGREED

 

4.1   that the Local Review Body had sufficient information before it to enable it to determine the review; and

 

4.2   having considered the terms of the Notice of Review before them, and all other relevant associated documents in the review papers, AGREED to reverse the decision of the Appointed Officer that the application be APPROVED on the grounds that this proposal conforms with Local Development Plan Policy H3 because the proposal would represent the beneficial redevelopment of a rural brownfield site and that as the development was for a single dwelling house, not for commercial reasons, that a business case to justify the scale of the proposed development had been made, and would also conform with Local Development Plan Policy OP2 and associated supplementary guidance as it would be sympathetic to the local built forms and respect the existing physical and landscape features of this site subject to conditions as follows:
 

1. That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the access has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public roads or into the site from the public road.


2. That any proposed access gate shall be not less than 6 metres behind the public road carriageway and shall open into the site only.


3. That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the proposed vehicular access at its junction with the A713 public road has been formed so as to be 4 metres wide for the first 5 metres from the public road and has been constructed with 4 metre radius curves.

 

4. That the dwellinghouse hereby granted planning permission shall not be occupied unless the off-street car parking / turning areas shown on the approved drawings have been formed in complete accordance with the said drawings or such other drawings as may be approved in writing for the purpose by the planning authority. Thereafter, the said parking / turning areas shall be kept clear from obstruction and shall be retained only for that purpose for the lifetime of the development.

 

5. That the dwellinghouse hereby granted planning permission shall not be occupied unless and until visibility areas (insofar as can be provided on land under the applicant's control) have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-
(a) measured 2.4 metres back along the centre line of the access from the nearer edge of the main carriageway; and
(b) measured 215 metres from the centre line of the access along the nearer edge of the carriageway of the A713 public road.


6. That the dwellinghouse hereby granted planning permission shall not be occupied unless and until everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 5 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas.


7. That the dwellinghouse hereby granted planning permission shall not be occupied unless and until the first 5 metres of the access from the A713 public road has been surfaced in bituminous materials (or such other material as may be agreed in writing by the planning authority).


8. That no development in respect of this planning permission shall take place unless and until a site-specific ground investigation report by a suitably qualified person, together with any remediation strategy deemed necessary, in respect of the possible contamination of the site as a result of its previous use as a roads maintenance depot has been submitted to and agreed in writing by the planning authority (in consultation with the Council's Contaminated Land Officer).


9. That, notwithstanding the details shown on the approved drawings, no permission is hereby granted for the external finishes for the proposed dwellinghouse. No development in respect of this planning permission shall take place unless details of the precise external finishes proposed have been submitted to and approved in writing by the planning authority. The dwellinghouse hereby granted planning permission shall not be occupied unless it has been finished in such external finishes as have been so approved.


10. That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting and hard landscaping has been submitted to and approved in writing by the Council as planning authority. The scheme shall include all grassed areas, hedges, retained trees and other retained vegetation, details of changes to existing levels, hard surfacing, walls, fences and other means of enclosure, formation of banks, terraces or other earthworks. The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting and initial maintenance to aid establishment. The scheme shall also detail the specification of the materials and colours to be used in respect of any hard surfaces, walls, fences or external structures.


11. That such scheme as may be so approved in respect of Condition 10 above shall be implemented in the first planting season following the completion or occupation of the dwellinghouse; hereby granted planning permission. Thereafter, all trees and shrubs forming part of the approved scheme shall be maintained and replaced where necessary to the satisfaction of the planning authority for a period of not less than 10 years. No trees forming part of the approved scheme shall be pruned or lopped during the 10 year period following planting without the prior written approval of the planning authority.

5 ANY OTHER BUSINESS DEEMED URGENT BY THE CHAIRMAN DUE TO THE NEED FOR A DECISION

Decision

 

NOTED that there was no business deemed urgent by the Chairman due to the need for a decision.