170126 planning committee agenda - clackmannanshire · 2020. 9. 1. · contact resources and...

Contact Resources and Governance (Legal Services), Clackmannanshire Council, Kilncraigs, Alloa, FK10 1EB Phone: 01259 452106/452004/452006 E-mail: [email protected] Web: www.clacksweb.org.uk

Date

Time

Kilncraigs, Greenside Street, Alloa, FK10 1EB (Tel.01259-450000)

Planning Committee

Thursday 26 January

2017

Start 9.30 am

Venue: Council Chamber, Kilncraigs, Alloa, FK10 1EB

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Scheme of Delegation: Duties and Responsibilities Delegated to Committees

Planning Committee

Subject to paragraphs 3.28 and 11.4 of the Scheme of Delegation, the Planning Committee

has responsibility for taking decisions on planning applications and enforcing planning laws,

and;

Carrying out the local authority's function in relation to street naming under section 97 of the

Civic Government (Scotland) Act 1982; and

Dealing with regulatory and enforcement issues arising from matters delegated to or

delivered by Community and Regulatory Services related to Building Standards.

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Contact Resources and Governance, Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa FK10 1EB (Tel 01259 452106/452004) (email [email protected]) (www.clacksweb.org.uk)

18 January 2017 A MEETING of the PLANNING COMMITTEE will be held within the Council Chamber, Kilncraigs, Greenside Street, Alloa, FK10 1EB, on THURSDAY 26 JANUARY 2017 at 9.30 am.

GARRY DALLAS

Executive Director

B U S I N E S S

Page No.

1. Apologies - - 2. Declaration of Interests - - Members should declare any financial or non-financial interests they have in any item on this agenda, identifying the relevant agenda item and the nature of their interest in accordance with the Councillors’ Code of Conduct. A Declaration of Interest form should be completed and passed to the Committee Officer.

3. Confirm Minutes of Meeting held on 27 October 2016 05 (Copy herewith)

4. Planning Application – Importation, Sorting And Spreading 09

Of Inert Waste Materials Comprising Soil, Sub Soil, Crushed Brick And Stone To Alter Existing Ground Levels To Form Grazing Land, With associated Access Track, Drainage and Landscaping Works (Partly Retrospective) - (Re-Submission Of Planning Application 15/00228/FULL) at Brandyhill Wood, Fishcross (Reference No 16/00218/FULL) – report by the Principal Planner (Copy herewith)

5. Planning Application – Alterations, Extension, Change of Use 23

And Conversion of Factory Building To Form Dwelling House At Buildings And Yard – McEwan, Drummie Road, Devonside, Tillicoultry, Clackmannanshire (Reference No. 16/00232/FULL) –

report by the Principal Planner (Copy herewith) 6. Review of Planning Committee Decisions, Major Developments 35 and Other Areas of Service Delivery – report by the Planning And Building Standards Team Leader (Copy herewith)

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Updated October 2016

PLANNING COMMITTEE – MEMBERS (QUORUM IS 4 MEMBERS)

Councillors Wards

Councillor Alastair Campbell (Convenor) 5 Clackmannanshire East CONS

Councillor George Matchett, QPM (Vice Convenor) 1 Clackmannanshire West LAB

Councillor Tina Murphy 1 Clackmannanshire West SNP

Councillor Les Sharp 1 Clackmannanshire West SNP

Councillor Archie Drummond 2 Clackmannanshire North SNP

Councillor Walter McAdam, MBE 2 Clackmannanshire North SNP

Councillor Bobby McGill 2 Clackmannanshire North LAB

Councillor Derek Stewart 3 Clackmannanshire Central LAB

Councillor Gary Womersley 3 Clackmannanshire Central SNP

Councillor Kenneth Earle 4 Clackmannanshire South LAB

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The minutes of the meeting of the Local Review Body held on 25 August 2016 were agreed as a correct record and signed by the Chair. (c) Local Review Body held on 22 September 2016 The minutes of the meeting of the Local Review Body held on 22 September 2016 were submitted for approval. Decision The minutes of the meeting of the Local Review Body held on 22 September 2016 were agreed as a correct record and signed by the Vice-Chair. PLA(16)23 PLANNING APPLICATION Application for Planning Permission – Change of use from public open space to private garden ground and erection of boundary fence at 30 Cleuch Drive, Alva (Ref. No. 16/00145/FULL) A report was submitted by the Principal Planner which provided an assessment of and recommendations on the development proposals to change an area of open space into private garden ground and erect a boundary fence to the side of No.30 Cleuch Drive and contains 3 trees and grass. The proposal represents an extension to the applicant’s existing garden. The application is for a local development that would normally fall to be decided by appointed officers, however, as the land is owned by the Council and there have been representations against the proposal, it requires to be determined by Committee. The Committee heard representation from Mr William Murray, Applicant, and had opportunity to put questions to him. Motion That the Committee approves the application subject to the conditions set out in the report. Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett, QPM. Decision The Committee agreed unanimously to APPROVE the planning application subject to the conditions and reasons set out in the report. Action Development Services Manager

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PLA(16)24 PLANNING APPLICATION Application for Planning Permission – Change of use of agricultural land to permanent gypsy traveller site (2 no. households), cattery and apiary and siting of 2 no. residential caravans and 2 no. touring caravans at land to the South of the B190 and West of Gartlove Plantation by Clackmannan (Ref. No. 16/00159/FULL) A report was submitted by the Principal Planner which provided an assessment of and recommendations on the development proposals for the change of use of agricultural land to permanent gypsy/traveller site (2 no. households), cattery and apiary and siting of 2 no. residential caravans and storage of 2 no. touring caravans on land off the B910 road at Gartlove near Clackmannan. The application is for a local development but required to be determined by Committee following a request from a local Member. The Committee heard representation from Mr Hugh Sutherland, Applicant, and had opportunity to put questions to him. Motion That Committee approves the application for a temporary period of 3 years subject to the conditions and reasons set out in Appendix 1 of the report. Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett, QPM. Decision The Committee agreed unanimously to APPROVE the application for a temporary period of 3 years subject to the conditions and reasons contained in Appendix 1 of the report. Action Development Services Manager Ends 0955 hrs

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CLACKMANNANSHIRE COUNCIL

Report to: Planning Committee

Date of Meeting: 26th January 2017

Subject: Planning Application Ref: 16/00218/FULL – Importation, Sorting And Spreading Of Inert Waste Materials Comprising Soil, Sub Soil, Crushed Brick And Stone To Alter Existing Ground Levels To Form Grazing Land, With associated Access Track, Drainage and Landscaping Works (Partly Retrospective) - (Re-Submission of Planning Application15/00228/FULL) at Brandyhill Wood, Fishcross

Report by: Keith Johnstone, Principal Planner

1.0 Purpose

1.1. The report comprises the Report of Handling on the above application for planning permission. It summarises the proposal, site history, consultation responses, representations against the proposal, key planning policy issues and the Local Development Plan position and a recommended decision.

1.2. The proposal is for a Local Development which would normally be determined by Appointed Officers. However, in accordance with the Council’s Scheme of Delegation for such applications, this application requires to be determined by Committee following a request from a Member to refer it to Committee.

2.0 Recommendations

2.1. It is recommended that the application is REFUSED for the reasons set out below.

2.2. Reasons

2.3. 1. The site is located within Green Belt as defined by the adopted Clackmannanshire Local Development Plan. LDP Policy EA8 (Green Belt) states that development will not normally be permitted within designated Green Belt except where it meets any of the criteria set out in the Policy. Having regard to the scale and nature of the works, including the importation of approximately 70,000 tonnes of inert waste onto the site, and the significance of the potential environmental impacts that could occur, the Council concludes that the development would not meet any of the relevant criteria. Notably:

(a) It would not be a necessary or essential development for agricultural use

THIS PAPER RELATES TO ITEM 4

ON THE AGENDA

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(b) It would not be necessary or essential to forestry use.

(c) It would not be directly related to existing activities at the site and be small scale or ancillary and not significantly intensity activity at the site.

Consequently, the development would be contrary to Policy EA8.

2. The site is located within countryside as defined by the adopted Clackmannanshire Local Development Plan. Policy SC23 (Development in the Countryside – General Principles) states that development in countryside areas will only be supported where the applicant has satisfactorily demonstrated that it would meet the criteria listed in the Policy. Having regard to scale and nature of the works, including the importation of approximately 70,000 of inert waste onto the site, and the environmental impacts that could arise, the Council concludes that the development would not satisfy any relevant criteria, namely;

(a) A requirement for a countryside location has been demonstrated.

(b) The development is acceptable in terms of its scale and nature, in relationship to existing land uses.

(c) The proposals respect the character of the site and its location and maintain and enhance the distinctive landscape character of the area.

(d) The access arrangements are adequate.

Consequently, the development would be contrary to Policy SC23.

3. The importation of approximately 70,000 tonnes of inert waste material would result in a significant number of HGVs entering and leaving the site on a derestricted section of the B9140. In the absence of;

any locational justification for the development,

detailed information on the likely frequency, routing and duration of lorry movements.

detailed proposals of how the existing sub standard access from the B9140 would be upgraded to allow safe turning of vehicles to the satisfaction of the Roads Authority,

the development is considered to have an unacceptable adverse impact on road safety on this section of the B9140 and be contrary to Policy SC12 (Development Proposals - Access and Transport Requirements) of the Clackmannanshire Local Development Plan.

4. Notwithstanding the advice from the Service and consultees, the applicant has failed to submit sufficient information with the application to address the following issues associated with a proposal of this nature at this location;

(a) How the risks associated with legacy mining within or close to the site would be a managed, including to the satisfaction of the Coal Authority.

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(b) How the importation of waste materials would be manged on site and accord with relevant Waste Management legislation and policy, and how surface water run off and flood risk would be managed, including to the satisfaction of SEPA.

(c) How the value of the flora and fauna on the site would be safeguarded and where possible enhanced, having regard to it’s inclusion within the Ancient Woodland Inventory and it’s inclusion as a candidate Local Nature Conservation Site in the Clackmannanshire Local Biodiversity Action Plan, 2012.

Consequently, in the absence of satisfactory information, the applicant has failed to demonstrate that the development would accord with Clackmannanshire Local Development Plan Policies EA2 (Habitat Networks and Biodiversity), EA4 (Landscape quality), EA9 (Managing Flood Risk) and EA25 (The development of Brownfield, Unstable and Contaminated Land).

2.4 Plans to which this decision relates

1. Location Plan

2. Existing Site Plan

3. 2005-52/102A - Proposed Site Plan

4. 2015-52/03A – Proposed Part Site Plan (Phase 1)

3.0 Considerations

3.1. Background

3.2. The application seeks partly retrospective planning permission to import approximately 70,000 tonnes of inert waste materials comprising soils and crushed brick and stone to spread over parts of the land know as Brandyhill Wood to create conditions suitable for grazing of farm animals. The Wood extends to about 14.5 Ha and contains a mix of broadleaf trees of varying maturity with mainly birch, oak and ash. Tree planting within parts of the site was undertaken several years ago, while some of the areas previously felled to accommodate the overhead powerlines are being recolonised. These areas without trees are mainly scrub or the remnants of former mining at the site. The Wood is mostly surrounded by agricultural land, with Schawpark Golf Course to the south west. The areas where material would be spread generally comprise parts of the wayleaves for 2 overhead electricity lines which cross the Wood on an east – west axis, where trees have been cleared near to the lines for safety and operational reasons. The areas fall within two identifiable parts, namely;

A linear area of land that runs parallel to the B9140 near the south boundary of the site and extends from the east to the west boundaries of the Wood, a distance of about 650 metres. This part is approximately 3.7 Ha in area. It is crossed by twin 33kV lines supported by timber poles.

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A roughly rectangular area located in the north western part of the Wood which is crossed by a 132kV line supported by pylons. The land is more wooded, including naturally regenerated areas. It extends to approximately 1.6 Ha in area and measures some 200 metres in length by 80 metres in width.

3.3 The proposal is to clear any existing trees and level out the land, infilling any low-lying areas, including sink holes, with a layer of imported materials suitable for sowing with grass and wild flowers. No detailed information on existing and proposed levels has been provided but it is proposed that the proposed contours would follow existing gradients. The depth of material spread would vary but is expected to be on average at least 1 metre in depth but deeper where hollows exist. The applicant intends to enclose the infilled areas and use them to graze animals. The use of land for grazing of animals does not require planning permission but the proposed physical engineering works to spread waste materials on the site do.

3.4 The applicant proposes to undertake the works on a phased basis and the first phase would comprise approximately half of the southern wayleave area to the east of the existing access track from the B9140.

3.5 A section of access track would also be created along the southern boundary of the first phase area which would connect with the existing access from the B9140. Surface water would be directed to ditches and these would lead to the existing or to a new pond which would be required to manage water quality and run off, before discharging to the watercourse at the northwest side to the site. A hedgerow would be established around the full perimeter of the site supplemented with tree planting between the B9140 and access track. The remaining areas of woodland would be retained and a programme to manage the wood would be carried out.

3.6 Inert waste material has already been sorted and spread on the site by the applicant on land close to the existing access track near the centre of the site. This has involved a relatively small proportion of the proposed site and the applicant has stated that this development has utilised mainly materials already deposited on the site before they bought it. The applicant has also scraped back materials next to the B9140. The above works were brought to the attention of the Service in January 2015. As part of the Service`s discussions with the landowner to try to remedy the breach or bring the situation under planning control, the Service served an Enforcement Notice in November 2015. This required the following actions to remedy the breach of planning control;

the cessation of the unauthorised deposit, sorting and spreading of waste materials within the site and the unauthorised engineering operations, including excavation of land

remove deposited materials down to subsoil level and remove it from the site

respread the excavated materials next to the B1940 to reflect the original ground levels and erect a post and wire fence and/or a hedgerow beside to the B9140 to replace the hedgerow that the been removed.

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3.7 The applicant has undertaken works to restore most of the excavated material next to the B9140 as required by the Enforcement Notice although it should have been fully completed by June 2016. Spreading of material has also continued next to the access track following the Enforcement Notice coming into force, which is a breach although, following contact by the Service, this activity appears to have ceased at the time of compiling this report.

3.8 Prior to the Notice being served in 2015, the applicant had received advice form the Service on the need for planning permission and in October 2015, they had submitted a partly retrospective planning application for a similar description of development as currently proposed. The assessment of the application and the responses from consultees and representees had identified a number of environmental and road safety issues which had not been adequately addressed in the supporting information. The Service provided a summary of the assessment, including areas of policy conflict and the absence of adequate information identified by consultees and indicated that the application was unlikely to receive a favourable recommendation. The applicant then withdrew the application in December 2015 shortly before it was due to be determined. The applicant indicated that the application had been withdrawn to address the issues raised. A subsequent meeting took place with the applicant, the Service and representatives of the Scottish Wildlife Trust to provide advice to him on the scope of information that would be needed to help address the nature conservation constraints associated with the site. Following this pre application advice the current application was received in October 2016, over 10 months after the withdrawal.

3.9 Consultations

3.10 Roads and Transportation object on the grounds that the existing access is unsuitable in terms of road safety to accommodate HGV traffic and there is insufficient information to demonstrate that a safe access could be provided. They also note the works undertaken next to the B9140 has damaged existing drainage which serves the road.

3.11 Environmental Health advise that further information should be provided about the proposed hours and routing of vehicle movements and any plant to be used on site to be able to establish if the development could result in nuisance to noise sensitive properties.

3.12 SEPA object. They have highlighted that the supporting information is largely the same as submitted with the previous application (15/00228/FULL) which was considered inadequate. There are insufficient details about; where waste materials would be spread and that it would be the minimum amount necessary in terms of waste management regulations; and about surface water drainage to demonstrate water quality would be adequately protected. They also note that if the works resulted in an increase in water runoff, these flows would enter the watercourse to the north west of the site which passes the development at Gannel Hill View.

3.13 The Coal Authority object. The site is within an area at higher risk from legacy mining and records show that mining has taken place at the site as well as the presence of mine entries and unrecorded activity is likely. The information on mining submitted would not adequately address the potential risks from historical mining.

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3.14 Fishcross and Benview Residents Association object. They have raised concern about the damage caused to the woodland habitat and appearance, increased HGV traffic on Pitfairn Road, the safety of the access, the risks posed by old mine workings, the infilling of the historic collapsed bell pits within the site and the risk the development could erode the countryside character of the area.

3.15 Sauchie and Fishcross Community Council and Scottish Power were consulted but have not submitted formal responses to the application.

3.16 Representations

3.17 There are no notifiable neighbouring properties. The application was publicised in the Alloa Advertiser for neighbour notification reasons. Two objections have been received from the following parties;

Scottish Wildlife Trust (SWT) (Stirling and Clackmannanshire Group)

The Woodland Trust, South Inch Business Centre, Shore Rd, Perth

3.18 The main issues raised in the objections can be summarised as follows;

1. The site forms part of a Local Nature Conservation Site (LNCS) and there should be a presumption against development in such an area. Comment – for clarity, Brandyhill Wood is not a designated LNCS at present. It has been identified as a potential LNCS in the 2012-2017 Clackmannanshire Local Biodiversity Action Plan (LBAP) but the process to review and agree to designate the Wood as referenced in the LDP has still to be completed by the Council. A survey of the Wood was undertaken by the SWT in 1997 but this would have to be reviewed given the passage of time. The identification of the Wood in the LBAP is a material consideration.

2. The site is listed as part of the Ancient Woodland Inventory and this habitat is important in local and national biodiversity terms. SPP states that such woodland areas are an irreplaceable resource and the deposit of waste on the surface would damage woodland soils and fragment the habitat or adversely affect the hydrology of the area. The wayleaves still contain ancient woodland soils which are also important in biodiversity terms. Comment – the woodland value of the site is considered under Policy EA2 and EA6 below. It is considered that there are insufficient details to allow a proper assessment of how the development would affect the natural habitat value of the woodland area in terms of the scope of the works and the impact on the habitat.

3. The development would destroy the habitat value of the scrub area within the wayleave areas which comprises a species rich habitat which would be lost if covered by imported material. Comment - in the absence of a suitable assessment of the habitat value of the site with the application, it is not possible to conclude that the works would not have an unacceptable impact on the biodiversity of the site or any impact could be satisfactorily mitigated. The applicant has confirmed that the other areas of woodland would be retained and management would take place to help regenerate it while wildflowers would be sown as well as the grass. However, given the previous identification of the site as a candidate LNCS, a precautionary approach

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would appear a reasonable and justifiable approach given the nature of the proposed works..

4. No information has been provided to verify the applicant`s statement that there are no known protected flora or fauna within the site. Comment – this is a valid point and the Service advised the applicant to provide such information both at the pre application stage (which included arranging a meeting with the applicant and representatives of the SWT to provide advice) and once the application had been submitted.

4. The development would not accord with the relevant policies in the LDP, in particular Policies EA1 and EA2. The Scottish Government`s policy on Control of Woodland Removal includes a presumption in favour of protecting woodland. Comment – this is discussed in para 3.21 below.

3.19 Planning Assessment

3.20 The application must be determined in accordance with the Local Development Plan unless material considerations indicate otherwise. The site is located within countryside and within part of the Green Belt and Clackmannanshire Green Network as defined by the Clackmannanshire LDP.

3.21 The most relevant policies in the LDP are considered to be;

SC12 (Access and Transport Requirements) – the policy states that proposals should include being capable of being safely accessed Comment – The existing access is narrow and meets the public road at an angle on a derestricted section of public road. If the principle of development was established, Roads and Transportation advise that there are insufficient details of how the access could be upgraded to allow the safe turning of HGVs associated with the importation of material. The importation of 70,000 tonnes would be equivalent to about 2,800 fully laden tipper lorries. The applicant has been made aware of this advice but has not submitted any details to date. The potential risks associated with this activity are considered to be significant and in the absence of suitable details, the proposal as submitted are judged not to accord with this Policy.

SC23 (Development in the Countryside) – the policy provides support for countryside development where it; can demonstrate a locational requirement; is acceptable in terms of its scale, nature and design quality; and it respects the character of the area. Comment – while the use of land for grazing would be consistent with a countryside location, we are concerned that the importation of 70,000 tonnes of inert waste material would be of such a scale, nature and timescale that the scheme would be inappropriate in order to form agricultural land. There is also insufficient information to demonstrate how the operation would take place and how potential adverse visual and environmental impacts associated with such activity could be mitigated to safeguard the character of the site and the surrounding area. On balance, it is considered that the proposals would not accord with this Policy.

EA1 (Clackmannanshire Green Network) – the policy states that development should comply with the principles set out in the Green

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Network Supplementary Guidance and should not result in the reduction in the connectivity, quality or extent of the network. Comment – the Wood is connected to other woodlands and is already a valuable part of the network. While no built development is proposed, and the applicant has indicated a willingness to manage other parts of the woodland, the proposed works are likely to change the character of the site and could last for a number of years. It is considered that the Policy would have at best a neutral effect.

EA2 (Habitat Networks and Biodiversity) – the Policy seeks to protect and enhance natural habitats and biodiversity and states that; proposals should contribute to the objectives of the Clackmannanshire LBAP; include ecological appraisals where there could be an adverse impact on biodiversity; and there will be a presumption against development where it could have a detrimental impact on the habitat or biodiversity value unless suitable mitigation can be provided. Comment – having regard to the inclusion of the site in the LBAP as a candidate LNCS, the representations from SWT and advice from the Council`s Sustainability team about the potential impact of the development on the biodiversity value and ecological value of the site, it is concluded that the application would be contrary to this Policy and there is an absence of any information which would satisfactorily demonstrate that no adverse impact would occur or could be mitigated elsewhere on the site.

EA3 (Protection of Designated Sites and Protected Species) – the policy states that where a proposals could adversely affect a LNCS or protected species, an ecological appraisal would be required and would only be acceptable where there would be no significant impact on the integrity of the site, unless such impacts are clearly outweighed by social, environmental or economic benefits of Council wide importance. Comment – the weight that could be attached to this Policy is reduced by the fact that the site is not a designated LNCS. The applicant has not satisfied the requirements of the Policy outlined above and it is judged that no support would be afforded by this Policy.

EA4 (Landscape Quality) – the Policy states that the landscape quality and visual appearance of an area should not be adversely affected. Comment – the Wood is relatively prominent in wider views from communities and roads in the vicinity and it makes a positive contribution to the landscape character of the area. The likely visual impact and duration of the operational works, and the effect of the removal of wooded areas in the north west part of the site to accommodate the grazing area are considered to have a negative impact on the landscape character of the area. It is proposed to plant hedgerow and trees around the perimeter of the site which would help mitigate the effects although these would take time to establish and no detailed specification has been provided. In the absence of detailed information about the scale and nature of the works, it is considered that on balance, the proposal would not accord with this

EA6 (Woodland and Forestry) – the Policy states that the removal of woodland will only be supported where they are consistent with the

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Council`s Forestry Strategy and provides clear public benefits. Comment - the proposals are not considered to satisfy the wider objectives of this Policy and the applicant has not submitted sufficient details to demonstrate that the proposals would accord with this Policy, The SG or national policy.

EA8 (Green Belt) – the policy states that new development will not normally be permitted in Green Belt areas unless if it meets one of the criteria set out in the Policy. Development should enhance the quality and distinctive character of the local landscape and the Green Network. Comment – in our judgement the proposals are not essential or necessary to any agricultural or forestry uses. Rather, we are of the view that the scale of works would be disproportionate to the benefits which may be achieved and is likely to adversely affect the character of the area.

EA9 (Managing Flood Risk) – the Policy includes a presumption against development which would increase the probability of flooding elsewhere. Comment – Given the advice from SEPA and the Council`s Flooding Officer, it is considered that the application has not satisfactorily demonstrated that there would be no risk of flooding downstream of the site. This is due to the inadequacy of the information provided about the scope of the works, changes in levels and managing surface water drainage. The applicant has been invited to submit more details but has not done so within the statutory period. The proposals would not accord with this Policy.

EA12 (Water Environment) – comment – having regard to the advice form SEPA about the risks to existing watercourses, and the absence of any exceptional need for the development, it is considered that the proposals would not accord with this Policy.

EA25 (The Development of Brownfield, Unstable and Contaminated Land) – the Policy states that where land is known to be unstable or contaminated, the applicant should demonstrate that the land can be made safe and suitable for the proposed new use. Comment – having regard to the advice from the Coal Authority, and the knowledge about the historical uses of the site relating to mining, the application would not accord with requirements of this Policy. The applicant has been invited to submit further information but has not done so to date.

3.22 Having regard to the assessment above, the application is considered to be contrary to a number of relevant Policies in the LDP. Furthermore, the nature and character of the proposals are not considered to accord with some of the Strategic Objectives of the LDP, namely;

Objective No 1 – (Clear Framework for Positive Change)

Objective No 2 (Sustainable Economic Growth)

Objective No 3 (Environmental Sustainability) and

Objective No 6 (Natural Environment)

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and on balance would be contrary to the Plan.

3.23 Other Material Considerations

3.24 The objections from third parties and consultees have been considered above. It is considered that these raise justifiable concerns which have not been satisfactorily addressed by the applicant.

3.25 The applicant has had a considerable period of time since the receipt of the Service’s assessment of the original application and subsequent withdrawal to try to address the policy and information demands of such a proposal. Given it is partly retrospective, it is considered that there has been adequate time to respond before the determination of this application.

3.26 At present there is unauthorised development at the site, in relation to the spreading of waste materials over land and the alleged importation of material although the applicant has disputed this latter point. In the absence of adequate information and mitigation, it is not considered that there are sufficient material considerations which would outweigh the Development Plan position and support a grant of permission.

4.0 Sustainability Implications

4.1. As described in paragraphs 3.21 and 3.22 above.

5.0 Resource Implications

5.1. Financial Details

5.2. The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

5.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes

5.4. Staffing

6.0 Exempt Reports

6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No

7.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities (Please double click on the check box )

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The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

As described in paragraph 3.21 above.

8.0 Equalities Impact

8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

10.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

None

11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered) Yes (please list the documents below) No

Clackmannanshire Local Biodiversity Action Plan

Clackmannanshire Local Development Plan

Planning Application Ref 15/00228/FULL

Scottish Planning Policy 3

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Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Keith Johnstone Principal Planner

01259 452614

Approved by

NAME DESIGNATION SIGNATURE

Julie Hamilton

Development Services Manager

Gordon McNeil Head of Development and Environment Services

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290000

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291000

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1:10,000Scale:

Development & EnvironmentKilncraigs

Greenside StreetAlloa

FK10 1EB

Tel: 01259 450 [email protected]

Date:12-Jan-2017

16/00218/FULL – Brandyhill Wood, FishcrossImportation, Sorting And Spreading Of Inert Waste Materials To Alter Existing

Ground Levels To Form Land For Grazing, The Formation Of Access Track

Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2017.All rights reserved. Ordnance Survey Licence number 100020783.

Ward: Clackmannanshire Central OS Grid Ref: NS 99 NW0 100 200 300 400

Meters

LegendApplication site boundary

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Subject: Planning Application Ref: 16/00232/FULL - Alterations, Extension, Change Of Use And Conversion Of Factory Building To Form Dwelling House at Buildings And Yard - McEwan, Drummie Road, Devonside, Tillicoultry, Clackmannanshire

Report by: Grant Baxter, Principal Planner

1.0 Purpose

1.1. The purpose of this report is to provide an assessment of and recommendations on the development proposals for alterations, extension, change of use and conversion of factory building to form a house at a former factory buildings and yard off Drummie Road, Devonside, Tillicoultry.

1.2. This planning application is for a local development, but in accordance with the terms of the Scheme of Delegation, it requires to be determined by Committee because some of the land within the application site is owned by the Council and there are objections to the proposal.

2.0 Recommendations

2.1. The application is recommended for APPROVAL subject to the following conditions and reasons:

2.2. Conditions

1. Before any works commence on site, details of all hard and soft landscaping and boundary enclosures shall have been submitted to and approved in writing by the Council. Once approved, all landscaping and boundary enclosures shall be completed prior to first occupation of the proposed house. 2. Before any works commence on site, details, including elevations and sectional drawings of all retaining walls and structures required within the proposed site, shall have been submitted and approved in writing by the Council. Once approved, all retaining walls and structures shall be completed prior to first occupation of the proposed house. 3. Before any works commence on site, exact design details of the scheme


ON THE AGENDA

23

for the sustainable control and discharge of surface water from the site and surrounding land shall have been submitted to and approved in writing by the Council. Thereafter, the scheme shall be implemented in accordance with such approved details prior to first occupation of the proposed house. 4. Before any works commence on site, details of all external finishing materials of the proposed house shall have been submitted to and approved in writing by the Council. Such details shall include the following:

a) Exact details and drawings showing existing external walls to be retained and rebuilt.

b) Samples of any new stone required to construct external walls.

c) Natural slates and matching ridges to the roof.

d) Window surround and eaves finish and colour.

e) Timber window and door style and finish.

e) Cast aluminium rainwater goods finish.

Once approved, the house shall be completed in accordance with such materials, unless otherwise approved in writing by the Council.

5. Before any works commence on site a detailed site plan showing delineation of access, parking and turning arrangements serving the proposed house, and the adjacent existing house (Kuranda), shall have been submitted to and approved in writing by the Council. The proposals for vehicle turning arrangements shall be designed to allow vehicles to enter and leave the site in a forward gear at all times, and shall include evidence of the land identified for such purposes being in the control of the householder in perpetuity. Once approved, such arrangements shall be implemented prior to first occupation of the proposed house.

6. Before any works commence on site, details, including sectional drawings through the building and the adjacent houses immediately to the east and north, showing existing and proposed ground, finished floor and roof ridge levels in relation to a fixed datum, preferably Ordnance Survey, shall have been submitted to and approved in writing by the Council. Thereafter, the development shall be completed in accordance with such approved details and levels.

7. Before any works commence on site, exact details of sustainable practices and use of low and zero carbon generating technologies in the design and construction of the proposed house shall have been submitted to and approved in writing by the Council. Thereafter, the development shall be completed in accordance with such approved details.

8. Before any works commence on site a construction management plan, including details of construction vehicle access and parking arrangements and ensuring that all demolition/construction operations on the site take place between the hours of 8am-6pm, Monday to Friday and 8am-1pm on Saturdays, and at no time on a Sunday, shall have been submitted to and approved in writing by the Council.

24

Thereafter, the demolition and construction works shall be carried out in accordance with such approved plan.

9. Within one month of the date of this Planning Permission, arrangements for payment of the following contributions shall have been submitted to and approved in writing by the Council:

a) £8,500 to the Council towards secondary education provision.

b) £250 towards public art provision.

Such arrangements shall include timing of the payment. The contributions shall be made in accordance with such approved arrangements, unless otherwise approved in writing by the Council.

2.3. Reason for Conditions

1. In the interests of residential amenity and local environmental quality.




5. In the interests of residential amenity.


7. In order to ensure the incorporation of sustainable practices in the design and construction of the proposed new house.

8. In the interests of residential amenity.

9. In order to ensure provision of appropriate infrastructure to support the proposed development.

2.4 Reasons for Decision

2.4 The application involves alterations, extension, change of use and conversion of a former factory building to form a house, within a predominantly residential area in Devonside. The proposals would be sensitive to the existing building, which has some heritage value, and to the amenity of surrounding households. The proposals would comply with the relevant provisions of the adopted LDP and there are no material considerations to indicate that planning permission should be withheld.

2.5 Plan Numbers Relating to the Decision

Plan No Title

DRG 001 Location Plan

DRG 002 Proposed Site Plan

DRG 003 Elevations as Existing

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DRG 004 Floor Plans as Existing

DRG 005 Elevations as Proposed

DRG 006 Floor Plans as Proposed

DRG 009 Sections AA & BB

DRG 011 First Floor Plan

3.0 Considerations

3.1. Background

3.2. The proposal relates to an existing two-storey building located in the grounds of a dwellinghouse off Drummie Road, Devonside. The building, although formerly used as a factory, is currently used as a domestic store, associated with the adjacent house. It is of a simple two storey pitched roofed industrial appearance, with the upper floor appearing to have been a later addition to an original single storey stone building. The land around the apron of the building is largely hardstanding, and includes an open-sided slate roofed outbuilding.

3.3. Its proposed change of use to a house would involve a reduction in height to single storey and minor extensions to form a five-bedroomed house. Access would be via a shared driveway, also serving Kuranda, the house owned and occupied by the applicant, served off Drummie Road, Devonside.

3.4. The building sits to the rear of existing houses on Drummie Road, with Kuranda to its east, and another dwelling to its west, sitting on elevated land. A steeply sloping embankment separates the site from woodland and farmland to the south.

3.5. The proposal would alter and convert the building to create a five bedroomed cottage, within the footprint of the original building, and including small extensions to front and rear. The house would re-use existing random rubble walls (rebuilt where required) with the roof finished in slates, salvaged from the existing roof if possible.

3.6. Planning Permission was granted for conversion to a house in April 2013, but lapsed in April 2016. This application seeks to re-establish that consent.

3.7. Consultations

3.8. Roads: Reiterate comments from previous application - Recommend refusal. Drummie Road serves 15No. houses, but is a private road, with sub-standard road, footway, lighting and no turning area. The proposal could set an undesirable precedent for more development off sub-standard private roads. Comment: There has been no material change to circumstances in relation to Drummie Road since the original grant of planning permission, and therefore the comments made in response to Roads’ objection still stand - Whilst the unadopted status of Drummie Road is noted, the proposal represents conversion of a former factory/workshop to form one house, and therefore constitutes redevelopment of brownfield land and a derelict building for a

26

single house development. Given 15No. houses are already served off Drummie Road, the issue of precedent is not a significant consideration in this case, particularly as there appear to be very limited opportunities for other infill developments to be served off it, and there are no other known examples of former industrial premises. Although unadopted, the road appears to be in relatively good condition. It has a footway along its southern edge, and street lighting. The lack of a turning area at its end would not be a particular problem in relation to this proposed development as vehicle turning space would be provided within the proposed house plot.

3.9. Environmental Health: No objections, but comments on management of construction to reduce impact on neighbouring proprietors. Comment: These matters can be addressed in planning conditions where necessary.

3.10. The Coal Authority: No objection as the proposal will largely re-use an existing building with only limited areas of extension requiring foundations or earthworks. It is, however suggested that an informative note is added to any planning permission regarding potential risks. Comment: Such an informative note can be added to a planning permission.

3.11. Neighbour Notification, Publicity and Representations

3.12. A total of 12No. neighbouring properties were notified of the planning application and a Neighbour Notification Advert was placed in the Alloa Advertiser on 2nd November 2016.

3.13. In response, 2No. representations have been received from the following parties:

Mr Fraser Allan, Roughknowes, 2 Drummie Road, Devonside, Tillicoultry

Mr & Mrs Snaddon, 14 Drummie Road, Devonside, Tillicoultry

The representations can be summarised as follows:

Query regarding land ownership within the site; alleging that the Council own part of the application site. Comment: The Council is in the process of selling a small portion of land within the site to the applicant. As such, a revised Site Ownership Certificate has been submitted, correctly identifying the Council as currently a part-owner.

The proposed house would represent piecemeal over-development, setting a precedent for further development to the rear of houses on Drummie Road. Comment: The application proposes the partial conversion of an existing derelict building, and as such is specific to the site in question and is not a situation that could be replicated elsewhere on Drummie Road. Each planning application requires to be considered on its own individual merits, so no precedent would be set by approval of this application.

Drummie Road a private road, in poor condition, with poor street lighting and with no surfaced footway. The additional traffic, including construction vehicles, from the proposed development will cause further damage to the road which co-owners will be responsible to repair. A planning condition should be applied requiring the worst section of road to be repaired before works start, and thereafter maintained. Comment: The proposals involve

27

conversion of a former factory/workshop to form one house, and therefore constitute redevelopment of a derelict building for one house. Although unadopted, the road appears to be in overall relatively good condition, with a footway along its southern edge, and street lighting. Overall, the proposal can be regarded as a de-intensification of the lawful use and an elimination of potential land use conflict. In those circumstances, the access is deemed acceptable. The Council could not reasonably impose a planning condition requiring upgrading works to the section of private road where this is not in the reasonable control of the applicant.

Concern at lack of parking and turning space for the existing and proposed houses. Comment: The applicant's land and site has space for vehicle turning as part of the shared access.

Question over the applicant’s intentions in respect of a small outbuilding and retaining wall on/close to boundary. Comment: The proposed site plan indicates removal of a small outbuilding in the NW corner of the site, however, it should be noted that such works, or any alterations to the retaining wall mentioned would not require planning permission.

Concern that the proposed house could cause/exacerbate drainage problems. Comment: The site is not identified as at risk from flooding in SEPA's Indicative Flood Map. The Council is aware of localised flooding/drainage issues, however, there is no evidence that the proposed development is at a significant risk of flooding or that it would create or exacerbate flood risk to adjacent properties.

Concern about use of the building and adjacent house as a bed and breakfast. Comment: There are no planning permissions in place for use of either the building subject of the application, or the applicant’s adjacent house as a bed and breakfast establishment, although it should be noted that an existing house could have up to two rooms let to guests without any change of use in planning terms occurring. Neither properties are licenced as Houses in Multiple Occupancy (HMOs). Planning permission is not required for occupation of a house by a family or up to five people living together, including where care is provided.

3.14. One representation has been received from Mr R & E Wilson, Muircot Farm, Coalsnaughton, raising the following matter, also raised by Mr Allan:

Question over neighbour notification in respect of adjoining farmland and Drummie Road itself. Comment: The Council notifies all properties with a postal address that adjoin planning application sites and those within 20m of them. Where there is land with no premises, eg agricultural land, or a private road, then the Council will also advertise the application in the local newspaper, as has been done in this case. Such arrangement comply with relevant planning regulations.

Planning Assessment

3.15. Development Plan Position

3.16. Clackmannanshire Local Development Plan, adopted August 2016

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3.17. Policies

Policy SC5 – Layout and Design Principles

Policy SC7 – Energy Efficiency and Low Carbon Development

Policy EP4 – Non-employment Generating Uses on Existing or Allocated Business Sites

3.18. Taking account of the provisions of these policies, the following conclusions can be drawn:

The proposed use would integrate well with the neighbourhood, being a compatible use with adjacent houses.

The proposed house plot serving the new development would provide adequate garden ground and parking provision, with a turning area shared by the adjacent house.

There would be no detrimental loss of garden/parking/amenity suffered by the adjacent house, as a result of the proposals.

The relationship of the proposed house with existing surrounding houses is such that there is not considered to be any detrimental impact on residential amenity arising from the proposed development, given the change from industrial to residential, the relative distances between buildings, boundary enclosures, and the reduced single storey height of the building.

The physical works to the building to create the house would preserve and re-use existing stonework and provide a new roof, window and door openings and other details in a sympathetic manner. The proposed development would contribute to the enhancement of the character of the area, through the form and quality of the proposed development, which would replace a semi-derelict industrial building with a traditionally styled stone cottage in a predominantly residential area.

It is noted that the development will re-use much of an existing structure. Whilst details of energy efficiency elements of the proposed development have not yet been submitted, these can be required by condition.

Whilst the building was a former factory, it has been vacant for many years, given its age, condition and location amongst houses, it would not appear to have a viable economic future, and the proposed use would be more compatible with the surrounding houses.

3.19. Taking account of the above provisions, the application is considered to comply with the Local Development Plan.

3.20. Developer Contributions

3.21. Whilst the development previously had planning permission, this lapsed in April 2016. The application must therefore be assessed against Policy SC9 –

29

Developer Contributions of the LDP and the related Supplementary Guidance (SG1). In accordance with the provisions of the policy and SG, the development would require to provide contributions towards secondary education and public art.

3.22. The proposed house would have 5No. bedrooms, and in accordance with the SG would require a contribution of £8,500. Public art contributions for one house would be £250.

3.23. Other Material Considerations

3.24. The comments and concerns of objectors and matters raised by consultees have been considered and assessed and do not indicate that planning permission should be withheld.


4.1. The proposal would re-use a vacant and derelict building of heritage value and a brownfield site for a small scale, sensitively designed dwellinghouse.





5.4. Staffing

6.0 Exempt Reports




The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported

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Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence




9.0 Legality


10.0 Appendices


None.


11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No Author(s)


Grant Baxter Principal Planner 2615

Approved by


Julie Hamilton



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Butterfly Inn

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Pipeline

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SinksS

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DRUMMIE ROAD

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1:1,250Scale:

Development & EnvironmentKilncraigs

Greenside StreetAlloa

FK10 1EB

Tel: 01259 450 [email protected]

Date:12-Jan-2017

16/00232/FULL – Buildings And Yard - McEwan, Drummie Road, DevonsideAlterations, Extension, Change Of Use And Conversion Of Factory BuildingTo Form Dwelling House

Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2017.All rights reserved. Ordnance Survey Licence number 100020783.

Ward: Clackmannanshire Central OS Grid Ref: NS 92 96 SW0 10 20 30 40

Meters

LegendApplication site boundary

River DevonM

oss

Ro

ad

33




Subject: Review of Planning Committee Decisions, Major Developments and Other Areas of Service Delivery

Report by: Ian Duguid, Planning And Building Standards Team Leader

1.0 Purpose

1.1. The purpose of this report is to provide the Committee with an up to date position statement on previous Committee decisions on planning applications, other significant decisions approved under our Scheme of Delegation, and other key areas of Development Quality Service delivery between April 2016 – September 2016. The report is the latest of a series of regular reports prepared on a 6 month cycle.

2.0 Recommendations

2.1. It is recommended that the Committee notes the progress on planned developments in Clackmannanshire, and other areas of work activity contributing to the Development and Environment Business Plan and the use and monitoring of the adopted Clackmannanshire Local Development Plan.

3.0 Considerations

3.1. The Development Quality Operational Plan from 2014/2015 included the planned introduction of Committee reporting arrangements on the progress of the more significant planning applications and developments in Clackmannanshire during the period, plus other areas of work within Development Services. This report is the latest in the series of such papers.

3.2. Progress On Previous Planning Committee Decisions

11/00299/FULL - Extension to Burnfoot Hill Wind Farm (Six Additional Turbines and Access Road), Rhodders Farm, Tillicoultry. This extended windfarm is now operational, and comprises a total of 21 turbines, generating approximately 42MW of electricity. We calculate this to be the equivalent of the entire electricity demand of households in Clackmannanshire. An enquiry has recently been received regarding scope for further development, and an application for planning permission is expected later in 2017.

13/00150/FULL - 32 Houses and 16 Flats, Former Alva Academy Site, Queen Street, Alva. This application was approved in 2013. Planning


ON THE AGENDA

35

conditions have been discharged, and work is well advanced and expected to be completed in 2017. This development is part of the Scottish Government’s Greener Homes Innovation Scheme, and using modern off-site construction methods facilitates the use of new technologies for reducing carbon emissions. The project has developed into a showpiece for sustainable building in Scotland.

14/00160/FULL - Erection of 27 Houses, With Access Roads etc, at Former Tullis Factory Site, Tullibody. These proposals, which represent the initial phase of the larger Tullis factory site, were approved by Committee in September 2015. The development is complete, and will be integrated with proposals from Kingdom Housing Association for "Phase 2" to the north at Stirling Road which were approved in November 2016, and expected to commence in 2017.

14/00181/FULL - Erection of 12 Flats and 7 Houses at Former Fairfield School, Pompee Road, Sauchie. This planning application was approved by Committee on 11 September 2015. The school building was demolished, and the development is now complete. Salvaged decorative stonework has been incorporated in the external works as public art.

14/00163/FULL - Erection of Supermarket and Land East of Hilton Road, Clackmannan Road, Alloa. Since the decision in October 2015 to approve this proposal, the applicant, Lidl UK, has developed a new store concept. An amended planning application for a new store design and change to the site layout was approved in March 2016. Work is expected to commence in 2017.

14/00191/FULL - Residential Development at The Shore, Alloa. This application for 164 houses was approved in 2015, and the development is now well underway with a number of houses occupied, making a valuable contribution to the regeneration of the riverside. Discussions are proceeding on proposals for the residual part of the site to the west identified in the Local Development Plan and which is owned by the Council.

14/00248/FULL - Erection of 71 Houses at Burnside, Riccarton, Clackmannan. Following approval of this development in March 2015, a revised application for an amended site layout has been submitted. We are confident that this signals a positive step towards the commencement of development later that year.

14/00267/FULL - Erection of Single Wind Turbine, Land at Meadowhill, Forestmill. In April last year, this planning application was refused due to the visual impact of the development in close proximity to the Kincardine to Kinross Road, and resulting conflict with Local Development Plan policy. The applicant appealed to Scottish Ministers, and the appeal was upheld. The decision letter was disappointingly light on its assessment of visual amenity, the Reporter apparently content that the visual impact would be of little consequence. We continue to await the implementation of the development to judge the impact from the road and other locations. In the meantime however a turbine has been installed on land to the east of Forestmill at Gibsley Farm; approximately 2 miles south east of this site. The planning application was approved in June 2015 (Ref No 14/00207/FULL).

15/00062/FULL - Demolition of Claremont Primary School and Erection of 29 Houses, Carse Terrace, Alloa - This effectively represents a further

36

phase of the former Alloa Academy site development, which is now complete. This additional phase is well underway.

15/00052/FULL - Erection of House and Garden Pavillion and restoration of Japanese Garden, near Dollar - planning permission for this development was granted in July 2016. There has been no specific progress on discharging the conditions of that decision, nor therefore on the erection of the house and pavilion, although the owners have been restoring the historic garden and hope to have it open to the public on a managed basis some time in 2017.

15/00252/FULL - Conversion of Former St John's Primary school to Houses and Offices, and Erection of 12 No Houses, Grange Road, Alloa - Planning permission was granted in December 2015. The extension to the original school building has been demolished, returning the school building to its original form. We are awaiting progress on the conversion and associated new houses.

15/00204/FULL - Engineering Operations to Form Playing Field and Cemetery, Lover's Loan, Dollar - These works were approved in November 2015 and following the completion of the associated houses, both the cemetery and playing field are nearing completion. We have now secured associated developer contributions towards the provision of changing facilities that formed part of a Section 75 Agreement with the applicant and landowner, and plans are underway to provide temporary changing accommodation on land close to the playing pitch. The cemetery is expected to be available for use in 2018.

15/00212/FULL – Change of Use To Hot Foot Takeaway, 61 Main Street, Clackmannan – This application was approved subject to a section 75 obligation on revocation of the lawful use of the neighbouring premises. The obligation has not yet been agreed. Negotiations are ongoing on the purchase of the neighbouring property at 59 Main Street that includes the former print works in North Street, and as part of a land assembly exercise to facilitate re-development of a site identified in the Local Development Plan.

16/00063/FULL – Installation Of Telecommunications Streetpole at Tullibody Road, Alloa – This application was approved but has not yet been implemented.

16/00068/FULL – Conversion Of Building to 42 Sheltered Housing Flats and Erection of 6 Flats, Greenfield House, Tullibody Road, Alloa – This planning application, and a related application for listed building consent were both approved. No work has taken place on any aspect of these permissions, and there are suspensive conditions that are yet to be discharged.

16/00089FULL – Erection of 30 Houses At The Glen, Coalsnaughton – This application was approved, subject to a number of conditions. The conditions have been discharged, and work has now started on development of what is effectively the third and final phase of a site identified for housing in the Local Development Plan.

3.4 Pre-2014 Major Applications Update.

06/00283/OUT - New Village Development, Forestmill. The Council granted Planning Permission in Principle for the Forestmill Village project in

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2011. Permission was granted subject to conditions and there is a separate Section 75 Agreement. Detailed proposals have now been approved for the first two phases of housing development, but there are no firm indications yet from the developer on plans to commence construction work.

11/00219/PPP - Residential Development of Land at the Former Forth Valley College, Branshill Road, Sauchie. Planning Permission in Principle was granted in January 2012. The permission expired in January 2015, but was renewed that same month. No detailed proposals have been forthcoming as yet, but we understand that the land has recently been sold to a developer and detailed proposals are expected to be forthcoming in the next 6 months.

10/00036/MSC - Erection of 74 Houses at Land to the East of Lower Mill Street, Tillicoultry. Following an earlier grant of outline planning permission, these details were approved in December 2010. We subsequently extended the period for implementation of this development, and preliminary site servicing work has taken place, primarily intended to ensure the permission remains live. However, there is no sign of any substantive start on the development.

13/00206/FULL - Erection of 39 Flats and 4 Shops With Car Parking, Primrose Street, Alloa. Planning permission for the re-development of this former Coop site was approved in January this year. However, the Council has now secured ownership of the entire site, and will be working to bring forward a package of proposals.

10/00153/PPP - Development of Land for Housing, School and Associated Open Space and Other Infrastructure at Land at Branshill, Sauchie. In November 2013, the Committee indicated that it was minded to grant Planning Permission in Principle, subject to conditions and subject to a Section 75 Agreement. A draft agreement has been finalised. However, related proposals for opencast coal extraction were withdrawn following the closure of Longannet Power Station. There was then extensive correspondence on alternative development options. The proposal and the position regarding the legal agreement will be reported back to committee in early 2017.

It will be clear from the foregoing list that development is progressing on a number of these and other sites. Development Services has set up an internal planning and property liaison group which meets regularly to monitor the progress of sites in the Local Development Plan. We will ensure that prospective developers have enough information to take sites forward to the planning stage, and identify/help remove any barriers to implementation.

3.5 Key Applications Decided Under the Scheme of Delegation

13/00286/FULL - Erection of 22 Houses on Site of the Former County Hospital, Ashley Terrace, Alloa. This planning permission was granted in April 2014. Following the discharge of conditions, the applicant has proceeded to implement the permission. The development is nearing completion.

15/00018/FULL - Erection of 22 No Houses, Stirling Road, Tullibody (adjacent to by-pass). Planning permission for flats was originally approved for this site. The amended proposals were approved last year, and a new developer (Kingdom Housing Association) is now on site.

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15/00037/FULL - Change of Use of Offices to a Hotel and Health Spa, Inglewood House, Alloa. Detailed permission has been granted for this conversion. The development is largely complete, with the hotel and spa now open for business. An application for accommodation within the grounds is awaiting a decision.

15/00200/FULL & 15/00257/FULL - Combined proposals for 9 Holiday Lodges at Woods Caravan Park, Fishcross. Two applications approved for the latest additions to the self-catering holiday accommodation at this holiday park.

15/00276/FULL - Demolition of Warehouse and The Erection of 16 Flats, King Street, Alloa. The site comprises a portion of car park land sold by the Council for re-development of otherwise underused property and land in Alloa town centre. Conditions have been discharged and the development is now well advanced.

16/00154/FULL, 16/00198/FULL and 16/00201/FULL – Three separate applications for an Industrial Storage Building, a Bus Servicing and MOT Station, and an Extension to a Storage And Distribution Yard on different units at Dumyat Business Park in Tullibody. These separate developments signal sustained investment in this key site within the Clackmannan Business Park portfolio. The proposals are all approved, and at varying stages of commissioning, implementation and completion.

15/00185/FULL – Erection of 29 Houses (Amendment to Planning Permission 05/00420/FULL) Site 7, South East Alloa. This is the latest site to be constructed within the long term expansion area at South East Alloa/Alloa Park. Work is well underway, although there are other portions of the site yet to be developed.

3.6 Members are reminded that details of all planning applications are available on Clacksweb. The files contain the approved drawings, decision notice and report of handling. In addition to this, the Service issues a Bulletin to all Elected Members and other interested parties on a weekly basis, the first two sections comprising details of all applications received or decided during that week.

3.7 Local Review Body (LRB) Decisions

(i) Change Of Use of Part of Retail Unit to Create Ground Floor Flat, 101 Main Street, Sauchie (Ref No. 16/00070/FULL)

This planning application had been refused by Appointed Officers as residents of the proposed flat would suffer an unacceptably low standard of residential amenity due to an adjacent hot food take away and rear service yard. Equally, the proposal would not contribute to the vitality of Sauchie Town Centre. The LRB met in August last year to consider the request to review the decision. Having examined the evidence, the LRB decided to REFUSE planning permission for the same reasons as the officer’s original decision.

(ii) Erection Of House At Fearns Farm, Forestmill (Ref No. 16/00049/PPP)

This application for planning permission in principle had been refused by officers, as it comprised residential development that did not require a

39

countryside location, was isolated from the farm, and unrelated to the separate masterplan proposals for development of a village at Forestmill. The LRB met in September, heard evidence on behalf of the applicant, and having considered the Notice of Review, decided that the application should be REFUSED for the reasons given by officers in their original decision.

3.8 Planning Appeals

There were no planning appeal decisions during the period, and there are no planning appeals awaiting a decision.

3.9 Enforcement Activity

In the 6 months from April to September, the Council received 20 enquiries from members of the public in relation to alleged unauthorised development, that being development that did not have planning permission or was not proceeding in accordance with such permission. That is an increase of 4 from the preceding 6 month period. These enquiries have been investigated and in the majority of cases, it was found that there was either no breach of planning control, or that where development had taken place without permission, the breach was relatively minor or would almost certainly be granted planning permission were an application to be submitted. As a consequence, we did receive a small number of retrospective applications seeking permission for work that had already been carried out. No enforcement notices were served during the period.

3.10 Comments and Complaints

One complaint was received during the six month period. It followed the submission of planning applications by a householder, two for garden decking (which itself was retrospective) and a third application for an extension to the house. The complainant was a neighbour. She had initially contacted the Council regarding the alleged unauthorised development, then again following notification of the first planning application. Her complaint was that 1), the Council had not taken her initial comments into account, despite the fact that she had not lodged an objection to the second application for decking (the first application had been refused), 2) we had not acted impartially by ultimately approving both the second and third applications, and 3) the change in circumstances associated with the decking and house extension had a significant impact on her privacy.

Following our investigation, the complaint was not upheld, although we did acknowledge an unintended mistake in the electronic document file, failing to add an amended drawing to the public file. That said, it is clear that the assessment of the planning applications was accurate and proportionate to the circumstances, and took account of relevant planning policy and guidance on privacy. We have not received any subsequent enquiry from the local government Ombudsman.

3.11 Planning Performance Framework (PPF 4) The Council submitted its 5th Annual Report on its Planning Performance Framework to the Scottish Government in July last year. In previous years, the Government has examined the report against 15 High Level Performance Markers. At the time of writing, we have not received this feedback; it is understood to have been delayed due to resources being redirected towards

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the Review of the Planning System in Scotland. We plan to publish the findings in a future edition of our weekly Information Bulletin. The Planning Performance Framework is published on clacksweb.


4.1. The Planning etc (Scotland) Act 2006 requires planning authorities to carry out the planning functions in a manner that contributes to sustainable economic development. The decisions and service activity summarised in the report comply with this obligation.





6.0 Exempt Reports




The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence


Not Applicable


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9.0 Legality


10.0 Appendices


None


11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No Planning Performance Framework Clackmannanshire Local Development Plan Planning Enforcement Charter

Author(s)


Ian Duguid Planning and Building Standards Team Leader

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Approved by


Julie Hamilton



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170126 planning committee agenda - clackmannanshire · 2020. 9. 1. · contact resources and...

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