0600338FULIN - Retrospective consent for the erection of stable by xor56373

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									                        THE HIGHLAND COUNCIL                                           Agenda       2.10
                                                                                       Item
               CITY OF INVERNESS AND AREA                                              Report       PL84/06
      PLANNING APPLICATIONS COMMITTEE – 15th MAY 2006                                  No

06/00338/FULIN – Retrospective consent for the erection of stable (amendment of location) at Balnain,
                                    Glenurquhart, Inverness

                Report by Inverness Area Planning and Building Standards Manager

SUMMARY

Committee is invited to determine a retrospective application for the amended siting of the stable and
agricultural store granted on 9th September 2004 (04/00839/FULIN) with regard to the development plan and
to all other material considerations as set out in this report.

The application has attracted objections from Glenurquhart Community Council and members of the public.

The recommendation is to approve.


1.      PROPOSAL

1.1     This retrospective application is sought for the amended siting of the stable, agricultural store
        and toilet at Balnain, Glenurquhart which was conditionally granted on 9th September 2004
        (04/00839/FULIN), by Mr & Mrs Colin Wedge.

2.      SITE DETAILS AND BACKGROUND

2.1     Following concerns expressed by residents, it was noted that the stable, agricultural store and
        toilet building being erected to the south side of the A831 at Balnain, opposite “Whinhill”, and
        the small cul-de-sac at The Dal to the east of the settlement, was not located as indicated on
        the approved plans and this retrospective application for amendment to the siting was
        requested.

2.2     Planning consent for the erection of a stable, agricultural store and toilet on land to the south
        of the Community Centre at Balnain, Drumnadrochit was granted on 9th September 2004
        subject to conditions requiring that:-

            1) The development shall be for private use only and shall not be used as a livery,
               commercial riding school or any other commercial activity without a further planning
               consent being sought and approved if required by the Highland Council as Planning
               Authority.

            2) The existing planting on the roadside boundary shall be retained and the additional
               planting indicated on the submitted plan shall be carried out prior to the development
               coming into operation.

            3) The visibility sightlines at the junction of the access with the public road shall be
               improved to provide 2.5m x 150m sightline splays in both directions and the access
               shall be improved as per the attached schedule and to the satisfaction of The Planning
               Authority in association with the Area Roads and Community Works Manager.

2.3     An Outline application for planning consent for the erection of a house and garage
        (05/00313/FULIN) in the primarily birch woodland adjacent to the river to the south of the
      stable building was granted conditionally on 25th July 2005 and, following completion of a
      Section 75 Agreement, this consent was issued on 7th April 2006.

3.    PUBLIC PARTICIPATION

3.1   Letters of objection to this amended siting have been received from Peter A MacDonald,
      Brookbank, Balnain, Stuart & Roberta Brownlea, Whinhill, Balnain, M Wilson, Inshalla,
      Balnain, Mrs Christine M Munro, Thixendale, Balnain, Mr. and Mrs. A. Burton Pine Tops,
      Balnain, P A MacDonald, Craggan Sheaig, Balnain and Mhairi A Gordon, Lochletter Farm,
      Glenurquhart.

3.2   The main concerns expressed are:-

        •     The building is higher and is not located as approved.
        •     The building is nearer the roadside boundary and in full view of the houses opposite.
        •     The building as erected affects the view from the houses opposite.
        •     The building is obtrusive and not in character with the area.

3.3   Two of the objectors request that this amended application is refused and that an Enforcement
      Order is issued requiring the applicant to meet the original and agreed conditions of siting
      height etc.

4.    CONSULTATIONS

4.1   Area Roads & Community Works Manager – no objections subject to the access being
      formed as per the previous application. He points out that part of the area to the right of the
      exit to the public road, where the screen planting appears to have been or is about to be carried
      out, is within the required visibility splay sightline and the sightline splay must be kept clear of
      obstructions. Similarly to the left on exit to the public road, the sightline splay must be kept
      clear of obstructions.

      He understands that a wider swathe of screen planting would be desirable between the
      building and the existing access from the public road and he offers no objections to the access
      onto the public road being relocated some 15-20 metres further to the east and the existing
      access stopped-up and the road verge reinstated. He adds that this may assist in providing the
      required visibility sightline splays on exit to the public road.

4.2   Glen Urquhart Community Council – Advise that members are concerned that the
      conditions of the original planning permission are not being met. They feel that there
      is a danger that failure to enforce the planning conditions will give the impression that
      so long as a fait accompli is achieved planning conditions can be ignored.
      Under the circumstances the Community Council wishes to support the views of the objectors
      to this application that enforcement proceedings are taken to ensure that this building
      conforms to the location and size of the original permission.

5.    APPLICANTS STATEMENT

5.1   The applicant apologises for any problems that he may have caused and points out that the
      building has been erected where he originally intended and he did not realise that this was
      different from the plans submitted and approved.

5.2   He points out that if the buildings had been sited as per the approved plans, this would have
      covered the sewage/drainage pipe of the six houses in The Dall. He adds that a large Silver
      Birch would have had to be removed and the building would have gone into a drainage area
      that is a bog most of the year.

5.3   He advises that, as a solution, he is prepared to move the vehicular access 15-20 metres to the
      east, as suggested by the Road Engineer, and to carry out mounding and planting at each end
      of the building.

5.4   He advises that six feet trees would be used and that screening of the complete site will be
      carried out and completed as soon as possible.

6.    POLICY

6.1   Policy G2 of the Highland Structure Plan which refers to design for sustainability lists a
      number of criteria within which development should be assessed including whether affected
      by significant risk from natural hazards including flooding, coastal erosion, etc; impact on
      individual and community residential amenity; impact on landscape and scenery; demonstrate
      sensitive siting and high quality design in keeping with local character and historic and natural
      environment; and advises that developments which are judged to be significantly detrimental
      in terms of these criteria shall not accord with the Structure Plan.

6.2   The site is outwith the Balnain Settlement as identified in the Adopted Inverness Local Plan.
      The Proposals Map for the Inverness Local Plan identifies the site as being within an area
      where Background Policy BP2 will apply. This policy advises that the Council will permit
      development unless this would be likely to have a significantly adverse effect on, or be
      significantly adversely affected by, the features for which the area has been designated.
      Where it is concluded that any such adverse effects are likely to arise, development will only
      be permitted where it is considered that these would be outweighed by social or economic
      benefits.

7.    PLANNING APPRAISAL

7.1   Following concern expressed by residents, it was noted that the stable and agricultural store
      building that was being erected to the south side of the A831 at Balnain was approximately 15
      metres further east and 3 metres nearer to the boundary than that indicated on the approved
      plan and this retrospective application was requested.

7.2   Concern was also expressed with regard to the size of the building and I would advise that
      although the length and breadth are the same as that approved, the building is approximately
      500mm (18 inches) higher.

7.3   Notwithstanding the advice and reasons given by the applicant, I am extremely concerned and
      disappointed that these amendments were carried out without any reference to the Planning
      Authority and neighbours being notified.

7.4   Members will recall that, in support of his application for a house and garage on this land
      between the A831 and the River Enrick, the applicant advised that it was his intention to work
      the land as an agricultural unit and I am of the opinion that the principle of a stable/agricultural
      store to service this is therefore acceptable. I am also of the opinion that the design and finish
      of the building is acceptable for the uses proposed.

7.5   Having revisited the site, I appreciate the reasons for moving the building eastward and would
      accept that the relocated position is, because of the orientation of the property, less in front of
      the house at “Whinhill” opposite than it would have been if it was erected as approved.

7.6   My main concern however relates to the building being relocated nearer to the roadside
      boundary which along with the increased height, not only increases its prominence, but also
      prevents the extent of screen planting proposed when the consent was originally granted.

7.7   If the existing access was to be relocated some 15-20 metres to the east to improve visibility
      sightlines as indicated by the Road Engineer, this would, as suggested by the applicant, enable
      mounding and planting to be carried out to the side of the building which would minimise its
      impact on the public road when approaching from the east and from the houses opposite at
      Inshalla and Broombank. The mounding and planting offered by the applicant on the other
      side of his building would also minimise its impact when approaching on the public road from
      the west.

7.8   Given this planting and the fortunate fact that there is an existing three metre high hedge along
      the roadside boundary of “Whinhill” and his property does not now look directly onto the
      stable/agricultural store, I must concede that the impact on “Whinhill” should be no greater
      than the location originally approved.

7.9   Having taken all matters into consideration, I have concluded that, while I fully understand the
      sentiments expressed by the Community Council, my concerns would not justify a refusal of
      this amended application and, subject to the conditions referred to above, I would, on balance,
      recommend that this retrospective application is approved.

      RECOMMENDATION

      Approve this retrospective application for the amended location of the stable/agricultural store
      building at Balnain subject to the following conditions:

          1. Except as otherwise provided by the terms of this permission, the developer shall construct
             and operate the development in accordance with the plans and supporting information
             submitted with the application and docquetted as relative hereto with no deviation
             therefrom unless otherwise approved in writing by the Planning Authority.

              Reason: In order to clarify the terms of the permission hereby granted and to ensure that the
              development is implemented as approved.

          2. The vehicular access to the site shall be relocated 15-20 metres eastward and the exact
             position of this new access, which shall be formed as per the attached schedule, shall be
             pegged out on site and agreed with the Planning Authority. The existing access shall be
             stopped-up with the verge reinstated and the new access formed and in operation prior to
             any further works on the stable/agricultural store building being carried out.

              Reason: Is required in the interests of road safety and to enable screening of the building to
              be carried out in the interests of visual and residential amenity.

          3. Mounding, approximately one metre in height and shaped to a natural appearance, shall be
             formed at each end of the building and planting with trees indigenous to the area carried
             out. Details of the planting, which should be sufficient to minimise the impact of the
             building from the A831 and houses opposite, shall be submitted for the written approval of
             the Planning Authority with the mounding and planting being carried out prior to any
             further works on the building. Any plants which, within a period of five years from the
             date of this consent, die, are removed, or become seriously damaged or diseased shall be
             replaced in the immediately following planting season with others of a similar size and
             specifies.

              Reason: Is required in the interests of visual and residential amenity.

          4. The existing planting along the roadside boundary shall be retained and augmented where
                    possible, and any trees which, within a period of five years from the date of this consent,
                    die, are removed, or become seriously damaged or diseased shall be replaced in the
                    immediately following planting season with others of a similar size and species.

                    Reason: Is required in the interest of amenity.

             5. This consent is granted on the understanding that the development shall be for private use
                only and shall not be used as a livery, commercial riding school, or any other commercial
                activity without a further planning consent being sought and approved if required by the
                Highland Council as Planning Authority.

                    Reason: Is required to enable the Planning Authority to retain control over the use of the
                    building and in the interests of visual and residential amenity.


Signature:
Designation:                                Area Planning & Building Standards Manager
Author:                                     Jim Falconer
Telephone Number:                           01463 720600
Background Papers:                          This case file and the other case files referred to above
                                            The Highland Structure Plan, Inverness Local Plan
Date:                                       25th April 2006
Local councillor:                           Mrs Margaret Davidson

								
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