PLANNING APPLICATION: 04/00928/FUL

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1 PLANNING APPLICATION: 04/00928/FUL In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications Introduction This report relates to four separate applications, each to erect a dwellinghouse on four adjoining plots at The Haughs, Rothes. The Proposal Four detailed applications, to erect a single-storey dwelling house on four plots in an L- shaped road layout. Foul drainage - private septic tanks and soakaway/mound system. Water supply - public mains. Access to be formed onto existing access track, which joins onto the A941 1km south of Rothes. The Site Fenced rough ground and the remains of farmhouse and steading (total floor area approx. 150 sqm), The Haughs 1km south of Rothes, approx. 100m east of A941. Within Area of Great Landscape Value and Flood Area. Disused railway line situated on adjacent ground to the west. Plot 1 04/00928/FUL ha (0.4 acre), irregular in shape, approx. 2/3rds boundary defined by post and wire fencing and access track. Remaining eastern boundary to adjoining proposed plot 2 undefined at present, to be beech hedge. Plot 2 04/00929/FUL ha (0.44 acre), rectangular, two boundaries defined by post and wire fencing. Remaining western and northern boundaries to adjoin proposed plot 1 undefined at present, to be beech hedge. Plot 3 04/00930/FUL ha (0.26 acre), irregular in shape, three boundaries defined by post and wire fencing. Remaining northern boundary to adjoin proposed plot 4 to be beech hedge. Plot 4 04/00931/FUL ha (0.28 acre), irregular in shape, three boundaries defined by post and wire fencing. Remaining southern boundary to adjoin plot 3 undefined at present, to be beech hedge. Policy / Objections-Representations / Consultations - See Appendix

2 History For the sites and adjoining ground: 01/01801/FUL - Permission granted to vary condition No1 regarding time limit for approval of reserved matters application refs. 95/00709/OUT and 98/01607/OUT to demolish existing buildings and erect dwelling house and garage at the Haughs, Rothes. 98/01607/FUL - Permission for extension of time limit for outline application ref: 95/00709/OUT to demolish existing buildings and erect new house and garage at the Haughs, Rothes. 95/00709/OUT - OPA granted to demolish existing buildings and erect house and garage at the Haughs, Rothes. Advertisement Advertised as departure from the Development Plan. Observations Main determining issues: Impact of new residential development in the Open Countryside (S/ENV1, S/H4, L/HC2 L/HC3, L/HC4, L/ENV7, S/IMP1, L/IMP2 and L/IMP3). The remains of the farm buildings currently on the site meet level 4 as defined in policy L/HC2 Re-use of Derelict Sites and Existing Buildings and as such allow for the erection of a replacement dwelling, as has previously been the case (see planning history above). The dwelling on proposed plot 3, of the 4 plots qualifies in this regard as it would be located over part of the footprint of the existing buildings and is similar in scale to those it would replace. Approval of this plot with its identified boundaries as currently proposed however would subdivide the original curtilage, in turn creating gap sites (currently plots 1, 2 and 4) and could ultimately lead to pressure for inappropriate speculative development on these same sites in the future (see below). In order to address this concern a condition is recommended deleting the north and south boundaries of this plot. This is considered practicable for the purposes of the application, as the applicant owns all 4 plots. The remaining three plots 1, 2 and 4 as new builds occupying adjoining rough ground do not qualify as replacements and must therefore be assessed as new houses in the open countryside and judged accordingly under policy L/HC3. Although the proposed plots are at some distance i.e. approx. 100 metres from the A941 they would nevertheless be visible in long-range views from the surrounding area. The proposed three plots would be contrary to policy L/HC3 New Houses in the Open Countryside and associated implementation policies for the following reasons: The proposals would result in an uncharacteristic build-up of residential development in this particular locality which essentially comprises two modest stone ruins within the open countryside, and would fail to reflect the traditional settlement pattern of this part of the

3 countryside. The resulting suburban style grouping would lead to an urbanisation of this particular locality, detracting from its rural character and that of the surrounding area. The proposals would also conflict with policy L/HC4 Multiple House Applications in the Countryside as they would result in an uncharacteristic build-up of 3 new dwellings within the open countryside which do not constitute the reuse or replacement of existing buildings, as specified by the policy. Impact upon the Area of Great Landscape Value (S/ENV3 and L/ENV7) The sites are located within the Area of Great Landscape Value, and must also be assessed against policy L/ENV7 that seeks to ensure that new developments incorporate high standards of siting and design and do not have a significant adverse effect on the landscape character of the area. The design of the proposed houses is in themselves acceptable. However given the build-up and concentration of housing involved, the three proposed plots 1, 2 and 4 would lead to an urbanisation of this particular locality detracting from the landscape character of this part of AGLV to the south of Rothes. Access (L/T4) Access will be taken off an existing unmade track, which joins onto the A941 to the 70 m to the west. The Transportation Manager has raised no objections to the proposals in highway safety terms subject to conditions. Implications arising from Policy L/ENV26 Control of Development in Flood Risk Areas ( Managed Risk Proposals. The sites are located within a flood risk area and therefore require to be assessed against policy L/ENV26. This has necessitated the need for a Flood Risk Assessment to show that the development proposals have been designed to minimise the risk of inundation to the development itself and that it will not contribute to or increase the risk of flooding elsewhere. The assessment submitted is considered by SEPA to be consistent with the criteria of the Moray Local Plan Policy L/ENV26 Control of Development in Flood Risk Areas ( Managed Risk Proposals, which includes provision for final floor levels of the development and emergency access. A condition requiring these final floor levels will be attached to the consent for plot 3. Recommendation Approve plot 3 (04/00930/FUL). Refuse plots 1, 2 and 4 (04/00928/FUL, 929 & 931). Author/Contact Officer: Richard Smith Planning Officer Ext: Signature.... (Alan Short, Development Control Manager)

4 R A STEWART DIRECTOR OF ENVIRONMENTAL SERVICES

5 APPENDIX POLICY Moray Structure Plan and/or Moray Local Plan 2000 Policy S/ENV1: Approach to the Environment The approach to Environmental Policy is to conserve and enhance Moray's environmental assets, and require that new development is sensitive to siting, location, and design considerations, whether in town or country. Policy S/H4: House Building in the Countryside In the rural areas in south and east Moray, outwith the Cairngorms National Scenic Area, there will be a presumption in favour of housebuilding:- i) within rural communities; i where it involves the re-use, replacement or rehabilitation of existing buildings; on well located and designed sites in the open countryside. In the remaining rural area to the north and west of Moray housing opportunities will be restricted to; i) sites within rural communities, or the reuse, replacement, or rehabilitation of existing buildings; i well located and designed sites in the open countryside where natural boundaries already exist as set out in Local Plan policy L/HC3. All such development must conform with the provisions of policy S/IMP1. Policy L/ENV7: Areas of Great Landscape Value (AGLV) Development proposals within AGLV's will only be permitted where they incorporate high standards of siting and design for rural areas and where they will not have a significant adverse effect on the landscape character of the area (see policies L/IMP2 and L/IMP3 in chapter 8). The Council will require detailed proposals covering site layout, landscaping, boundary treatment, building design and material finishes to be provided with planning applications. The Council will seek a Direction from the Scottish Ministers to restrict the formation of vehicle tracks above the 150m level within AGLV's.

6 L/HC2: Re-Use of Derelict Sites and Existing Buildings The Council will presume to approve applications for residential development involving the reuse of existing buildings, including existing dwellings, farm steadings, mills, etc. where the renovation of the original building is sensitively designed and is to form the core of the new development. In general, most stone buildings in the countryside will be acceptable for re-use but some buildings, such as cattle sheds, temporary buildings or hill bothies may not be appropriate for re-use or replacement because of visual and environmental impact especially in certain sensitive locations. For the purposes of this policy, "existing buildings" are defined by the accompanying diagram. In line with the Council's policy on local vernacular buildings (policy L/ENV16) the Council will normally seek restoration of an existing building in preference to demolition and re-development. Where a building is considered to be of some architectural merit locally (e.g. a substantial stone built farm building), and is considered structurally sound for residential use, the Council will resist proposals to replace it, and may insist on renovation and re-development. The Council may refuse a subsequent application if demolition is carried out without prior consultation. The Council will only accept the principle of replacement of an existing building where there is visible evidence of the structure of the existing building to the equivalent of "level 4" as indicated in Diagram 1, i.e. window sill height - with the full extent and use of the building reasonably established. Level 4 is defined as a structure which exists at any of the following stages:- i) the four walls are complete to at least window sill height - if window sill height cannot be determined, minimum height of all walls should be 700 mm above floor level; or i any two of the four walls are complete to wall head height; or both gables are intact to a minimum height of 2 m above floor level. Archaeological evidence, excavation, or the production of old maps will not be acceptable as evidence of a derelict site, for the purposes of this policy. The siting of a new dwelling on a derelict site should be similar to that of the previous building in terms of orientation and distance from the road. Applicants should not presume that approval will be granted for a new dwelling sited at a significant distance from the original building, unless individual site conditions suggest potential improvement. The design of a new house will be subject to Policy L/HC3. Although this Policy presumes to approve rehabilitation and replacements, there may be locations where re-establishment of a house is not appropriate because circumstances have changed e.g. at main roadsides, in environmentally protected areas or on land now given over to prime farmland. Where a proposal does not qualify as re-use or replacement it will be considered as a new house in the open countryside and judged accordingly.

7 L/HC4: Multiple House Applications in the Countryside The Council will not normally approve multiple house applications (i.e. more than two houses) in the open countryside unless they form part of a development which involves the re-use or replacement of existing buildings. Multiple house applications will be encouraged in the Rural Communities. L/HC3: New Houses in the Open Countryside The Council will require applications to respect the traditional pattern of settlement in the countryside. The settlement pattern is defined as 'the disposition, function, and visual appearance of land and buildings in the general locality of the proposed development'. The Council shall make an assessment of each individual application and a new house shall be judged to respect the traditional settlement pattern if:- i) it is positioned sensitively along with a group of buildings such as a farm steading, or; i it adopts the spacing of a dispersed pattern of settlement and has integrated sensitively with the existing land forms so as to blend unobtrusively with its surroundings, and; it avoids contributing to a build-up of residential development in any particular locality so as to cause a change in the character of that area from one of an existing rural cluster to one of a suburban style grouping of buildings, or a ribbon development clearly unrelated to the traditional pattern of settlement in that area. Some locations will not be appropriate for new houses because of their prominent impact on the landscape and the inability to achieve appropriate landscaping. The Council will not normally approve houses which are located in the centre of a field, on a prominent hillside overlooking a main road or tourist route (i.e. the main A class and Trunk Roads and recognised tourist trails) or occupying skyline, top of slope/ridge locations. For a new house to be acceptable in the open countryside, it must use existing trees, buildings, slopes or other natural features to provide a back drop. In North and West Moray, all proposed boundaries must be long established features on the ground (e.g. such as an old fence line, dry stone dyke, a roadway, a hedgerow at minimum height of one metre, watercourse, a mature woodland or group of mature trees or neighbouring buildings), and it must enclose an area not exceeding 1400m² (i.e. a third of an acre). Recently created fencelines will not normally be accepted as established boundaries. The proposed site must also have a minimum 25% of its area retained in an existing tree, shrub or hedgerow cover. In South and East Moray, only 50% of the site boundaries must be established on the ground, so long as the site is capable of establishing additional boundaries which separate the site naturally from the surrounding ground. The remaining boundaries of the site can be formed by natural stone dykes, planting of indigenous hedgerows or groups of trees, by careful mounding of site material to enclose the site. New boundaries should follow the natural form of the land and be

8 designed so as to integrate the proposal within its rural setting (straight lines may not always be appropriate for new boundaries). L/HC5: Gable/ Roof Pitch Parameters For purposes of clarification the Council has adopted the following parameters as definitive guidance on the shape and proportions of gables and roof pitches on conventional new houses to be approved under policy L/IMP2 for the countryside and rural communities. The design of new houses will be assessed under the terms of policy L/IMP3 'New Building Design' in Chapter 8. The overall width of the gable should not be less than the height of wall from ground to eaves level. The overall width of a gable shall not be more than 2.5 times the height of wall from ground to eaves level. The pitch of a roof shall be no less than 40 and no greater than 55. Definitions: Ground - "A fixed external point measured 100 mm below the finished floor level of a house with a solid ground floor or 300 mm below the finished floor level of a house with a suspended ground floor." Eaves - "The point at which the front face of the external wall and the uppermost point of the roofline intersect." Exceptions to the above will only be considered where designs as assessed under L/IMP3 i) clearly exhibit architectural innovation (such as those illustrated in the planning policy guidance book), i do not adopt the conventional gable form (e.g. those designs based on circular or curved forms), or; adopt advanced design elements, which maximise energy efficiency. This policy applies only to new dwellings. It does not apply to other buildings and may not be applicable in Rural Communities where the dominant character is identified as Group 'C' buildings (see Guidance). Policy L/ENV21: Private Waste Water Treatment and Drainage The applicant must satisfy the Council in consultation with, SEPA and NOSWA that proposals for private sewage treatment can be implemented without adverse impacts on groundwater, and watercourses and provide for the efficient treatment of effluent. Consideration will be given to advanced biological systems and new technology solutions as well as the more traditional septic tank and soakaway system. Disposal must satisfy testing procedures as required by the Council in consultation with SEPA and NOSWA and as outlined in appendix 3. Policy L/T4: Provision of Road Access

9 The Council will require that a suitable and safe access from the public highway is provided. Policy L/T7: Parking Standards Proposals for different forms of development must comply with the Council's 'Car Parking Standards' (available from the Council's Roads Service). Where development (including housing) within the defined town centre cannot reasonably supply parking on site, (or where it is appropriate not to include parking), the developer will require to comply with the Council's system for 'commuted payments' for parking. Housing development in town centres which need not provide residential parking on site, must make provision for vehicular access for deliveries and emergencies. In housing developments of over 30 houses, provision must be made for communal off-street parking, in addition to in-curtilage in order to permit the parking of large commercial vehicles away from road frontages. Policy S/IMP1: Development Siting, Layout and Design New development will require to be sensitively sited, designed and serviced. It should meet the following criteria:- i) its, scale, density and character is appropriate to the surrounding area; i iv) it can be successfully integrated into the surrounding landscape; it meets wider transportation and local site energy efficiency objectives; adequate infrastructure is available or could be made available in conjunction with the development; v) consideration is given to the provision of infrastructure which meets sustainable urban drainage principles using appropriate Sustainable Urban Drainage Systems; vi) v vi ix) adequate social and community facilities are available or could be provided in conjunction with the development; it does not adversely affect nature, urban or historic conservation resources; it seeks to manage flood related issues; pollution is avoided, including pollution of ground water. Policy L/IMP2: Development in Rural Areas The Council will seek to ensure that all proposals for development in the rural area (i.e. all areas in Moray outwith town settlement and rural community boundaries) are compatible in terms of character, amenity and design, integrate sensitively into the environment and, where possible, located within easy walking range of public transport (this latter requirement will particularly

10 apply to large scale developments). The Council will, therefore, pay special regard to matters such as traffic and landscape impact, accessibility, loss of productive or biodiverse land, siting, scale, colour and energy conservation. The Council will consult relevant organisations such as Scottish Natural Heritage, the Scottish Environmental Protection Agency etc. on significant development proposals and 'The Moray Landscape Character Assessment' report as prepared by Scottish Natural Heritage will be utilised to inform decisions on siting and locating within the landscape. Policy L/IMP3: New Building Design (i) Design Principles All building development must be designed to respond adequately to the locality. Applications must meet the following requirements:- a) appropriate location in landscape or townscape b) careful placement on a site, particularly in relation to character, amenity and energy conservation c) appropriate size and form in relation to existing buildings, sky line and landform d) appropriate density, layout and orientation in relation to character, amenity, privacy of neighbouring properties and energy conservation e) sensitive use of materials and colours in relation to existing setting and environmental impact Standardised solutions to building design are not encouraged and will not be acceptable unless existing context (the design and character of the existing surroundings) suggests otherwise. Design solutions which seriously compromise the amenity and character of the area will not be permitted. Highly innovative, experimental solutions will be encouraged but may not be suitable in every situation. In certain circumstances, the Council may request written design statements explaining various aspects of design solution e.g. explaining why a particular approach has been taken, and expect applications to show new buildings in their wider relationship with surrounding properties and the site (plans and elevations/perspective/ photomontages showing adjacent buildings, trees, landform etc) (iv) Materials The Council will particularly encourage the use of materials which are sustainable. The use of salvaged or recycled material is encouraged in most circumstances subject to local situation and there is a strong expectation that traditional materials will be used on heritage structures. The Council will discourage the over use of high energy materials (i.e. those which require high energy levels to make and dispose) where alternatives can be used and is also concerned about the potential long term affects of using Tropical Hardwoods, from non-managed sources. Policy L/IMP7: Drainage Impact

11 New development must connect to a public sewer for the disposal of foul drainage if one is available within a Town, Village or Rural Community. If it is not available alternative forms of treatment may be considered and must meet with the approval of NOSWA and SEPA. The Council will promote the employment of Sustainable Urban Drainage Systems (Sustainable Urban Drainage Systems) in the disposal of surface water run-off, and unless otherwise advised by SEPA, will operate a presumption against the disposal of surface water directly to a watercourse. Proposals must meet the requirements of policies L/ENV21 (Private Waste Water Treatment and Drainage), L/ENV22 (Pollution Conditions), L/ENV23 (Private Water Supplies), L/ENV24 (Surface Water Drainage) and L/ENV26 (Control of Development in Flood Risk Areas) in Chapter 2, if relevant. Policy S/ENV2: Nature Conservation Designations Nature Conservation sites will be protected from inappropriate development and, where appropriate, enhanced according to their importance as international, national or local designations. Policy L/ENV1: Statutory Nature Conservation Sites International Designations Development proposals which may adversely affect a designated or proposed Special Area of Conservation, Special Protection Area or Ramsar site should be assessed in terms of its implications for the site's conservation properties and will only be permitted where it will not adversely affect the integrity of the site or there is no alternative solution and there are imperative reasons of over-riding public interest for the development. Where a priority habitat or species would be affected, prior consultation with the European Commission is required unless the development is necessary for public health or safety reasons. Policy S/ENV 9: Flood Management The Council will work closely with the Scottish Environmental Protection Agency and North of Scotland Water Authority in the appraisal of areas liable to coastal or river flooding and will be guided by the precautionary principle. The Local Plan will:- i) direct development considered of high risk to public safety away from vulnerable locations; i iv) specify the criteria against which new development will be managed within areas of risk; safeguard floodplains and low lying land in settlement plans from inappropriate development and ensure, where possible, that they can flood naturally; identify proposals for new flood protection schemes; v) embrace a preference for the use of soft engineering solutions to flood prevention where appropriate; vi) encourage the use of Sustainable Urban Drainage Systems in the management of run off water in all new development;

12 (v promote an integrated management approach to flood risk throughout the Moray area. Policy L/ENV26: Control of Development in Flood Risk Areas ( Managed Risk Proposals The Council will seek to manage the threat from flooding for developments not considered as 'high risk'. Within this approach there is an acceptance of risk on the basis that developments must adopt appropriate mitigation measures and have the potential to make a contribution to the improvement of flood water management within the area at risk. Applications will only be approved where they can demonstrate that the development; a) has been designed to minimise risk of inundation and will not contribute to or increase the risk of flooding elsewhere. b) has adopted all reasonable measures to improve the management of flood waters on and adjacent to the site and to assist the protection of properties within the vicinity of the site. c) does not impede the flow of flood water or the ability of the floodplain to store water and to flood naturally and takes account of the impact on riparian habitat and wetland. d) incorporates building design measures and materials to assist evacuation and minimise damage from inundation. e) employs, where possible, the use of Sustainable Urban Drainage Systems in the disposal of surface water run-off to the satisfaction of SEPA and the Council, and provides for their maintenance. f) can provide for the maintenance of any approved privately funded flood defence measures, to the satisfaction of the Council, (river engineering works associated with flood protection must also meet the requirements of policy L/ENV25). The Council will be advised on the acceptability of risk/mitigation measures by its Planning, Roads and Building Control Services together with SEPA and NOSWA on the basis of the precautionary principle as defined in NPPG7. Applicants may be required to submit hydrological survey and assessment information in support of their proposals and may be required to make a contribution to flood defences under the terms of policy L/F1. Policy L/ENV2: Non Statutory Nature Conservation Sites Local Designations Development proposals which will have an adverse effect on Local Nature Reserves, SINS or conflict with the objectives of Local Biodiversity Action Plans, will only be permitted if they incorporate specific measures to minimise impact and conserve the site's ecological interest and moreover, where significant adverse impacts are involved, a locational need must be clearly established.

13 Policy L/ED12: Developments on Agricultural Land In line with National Planning advice (SDD Circular 18/87) and Structure Plan Policy S/ED5 there will be a presumption against "irreversible" development on prime agricultural land (Classes 1, 2 and 3.1). Proposals involving over 10 hectares of prime land, or 20 hectares of non prime land will require to be notified to the Scottish Office Environment, Agriculture and Fisheries Department. In light of the current surpluses in agricultural output, the Council will support the principle of farm diversification and generally look favourably on business proposals which provide additional income/employment on farms (this will not include housing sites). The Council will ensure that in common with other agricultural activities, agricultural developments are assessed against visual impact and amenity concerns, and will be subject to the environmental policies as contained elsewhere in the Plan. OBJECTIONS-REPRESENTATIONS None. CONSULTATIONS Environmental Protection Manger, Direct Services - No objections. Environmental Health Manager, Environmental Services - No objections subject to contamination conditions/informative. Transportation Manager, Environmental Services - No objections subject to conditions/informative. Scottish Water - No objections. River Inspector, Scottish Environment Protection Agency - No objection subject to a condition regarding final floor levels for the development and emergency access and informatives etc.

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