Formation of Twenty Seven HOuse Plots and Associated Landscaping

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                    THE HIGHLAND COUNCIL                              Item

                  ROSS, SKYE & LOCHABER
             PLANNING APPLICATIONS COMMITTEE                          No
                    5TH FEBRUARY 2008


                       Report by Team Leader, Ross & Cromarty.


Ward: 6 Wester Ross, Strathpeffer and Lochalsh

This application proposes the formation of twenty seven house plots, associated
landscaping, services and roads, in detail on land allocated for residential development
within the village of Marybank, Ross-shire.

Recommendation grant planning permission.

A formal hearing is not necessary in this case.

1.       PROPOSAL
1.1      This application proposes the formation of 27 serviced house plots, 7 of which
         will be affordable, in 2 phases, on land identified for residential development
         within the village of Marybank. Access is to be taken from the A832 Marybank
         to Muir of Ord public road and the application includes landscaping around the
         periphery and within the site. The site is bounded by existing housing to the
         west and north with agricultural land to the east and south. Further to the
         south lies the Arcan public road with estate woodland beyond. There is a
         group of mature trees within the boundary of an adjacent property, Hamewith
         and a belt of mature trees to the north of the site, between Tir Aluin and
         Balloan House Hotel. The application includes full SUDS proposals which
         include an area of land to the north of the site, across the public road, below
         the level of all existing houses.

         The plans have been amended following discussions and in response to
         representations received. The changes detailed are mainly internal to the site
         and do not necessitate re-neighbour notification.

         A drainage impact assessment and Suds strategy has been submitted by
         Engineering Consultants.
2.1   06/01015/FULRC – Formation of 27 house plots, associated landscaping,
      services and roads (Detail) – withdrawn 19.07.07.

3.1   Eleven letters of objection have been received regarding this application,
      raising the following issues:

            Policy: Does not comply with Local Plan – south boundary of allocated
            land extended by 23 metres;
            FloodingProposed drainage inadequate – problems when heavy rain -
            flood risk: surface water run off from above site leads to bottleneck
            directly above the west side of the proposed site. During heavy rainfall/
            quick snow melt- area would experience acute flooding. Ditch in
            Exhibition Wood and blocked culvert added to flooding;
            Services: Limitations of local sewer questioned;
            Capacity of services – sewage, electricity, roads, water-poor.
            Inappropriate to expect present residents to contribute, directly or
            indirectly (through taxes), to cost of expansion of sewerage system to
            facilitate development which will neither improve nor accommodate
            requirements of existing residents;
            Will all drainage works be carried out before any building works begin?;
            Water supply to 8 Upper Arcan Road – in proposed back garden areas.
            Surface water drain located on east boundary of roadside plot –plot
            restricted by drain and soakaways from Farthings/Garden Cottage.
            Better as green area I understood was part of Planning Regulations;
            Roads: Vehicles presently queue to cross Moy Bridge during peak
            hours, despite priority sign to north – stationary traffic backs up onto
            main A835 Ullapool Trunk Road – dangerous;
            Increased traffic on Ord Road and Moy Bridge;
            Increase in children walking to Primary School along Ord Road;
            1½ -2 storey properties will dominate existing/affect privacy– we weren’t
            allowed over 1 storey for this reason;
            Affect on sunlight;
            Materials and design not specified;
            Plots to be developed individually-duration/time limit for completion?;
            Increase in noise and nuisance;
            Layout doesn’t pay attention to views from existing houses/ crammed;
            Proposed play area, if needed, better sited in middle of development;
            Appears applicant will eventually apply to develop surrounding area;
            Plan shows part of development located on land owned by myself –
            Angus MacLeod;
            Landscaping needs careful thought – suitable trees and plants;
            Landscaping on west boundary not same size/content as elsewhere;
            Safeguarding distance of 20 metres from trees required – 7 trees close
            to my boundary – houses should be further away;
            Impact on village: Building houses to east side of The Brae makes
            village lopsided. I understood west end of village to be developed first;
            Village in its present state cannot support such a development –
            Primary School small and run down – lack of robust services;
            Affordable Housing: Highland Small Communities Housing Trust
            (HSCHT)– deeply concerned – proposed 27 plots will require large
            proportion of sewerage capacity remaining. Strong moral argument first
            priority should be given to affordable housing. Community
            Council/HSCHT carried out Housing Needs survey in 2002 - identified
            preferred site west of The Brae. Considerable local need for affordable
            housing identified. Reached agreement in principle to purchase land-
            not progressed due to lack of sewer capacity. Scottish Water recently
            indicated further connections could be made to existing system in
            response to requests from HSCHT - unfair private developer benefits if
            as a result if Community denied affordable housing Community Council
            and Trust consider required. Sewerage capacity should be reserved for
            25 affordable houses (50 per cent of proposed development and 50% of
            forthcoming development on land to west of The Brae) to protect
            community’s legitimate interest;
            Like to see development considering climate change and building in
            2008 including planting of trees and dry stane dykes- environmentally
            sensitive/aesthetically pleasing;
            Fairburn Estate – Local Plan states improvement to sewerage systems
            serving Marybank “necessary in advance of further housing” - a “pre-
            requisite to development ….. to which developer contributions are
            necessary …….” applies to both expansion areas in Marybank. If
            Council approves current application prior to solution to drainage
            problems for both expansion areas-Estate’s interest would be materially
            prejudiced. Consider this to be a material departure from approved
            Local Plan which clearly states that drainage must be dealt with prior to

      All letters of representation can be viewed at the Area Planning Office.


4.1   Site identified in Ross & Cromarty East Local Plan as an expansion area to
      Marybank – Policy 4(a) – 2.4 hectares. Indicative Inset Map shows an area
      less than 2.4 hectares. The Written Statement takes precedent over the Inset
      Map.     All houses proposed are contained within 2.4 hectares.          The
      landscaping extends this marginally. Accordingly, we will only address
      comments relating to design and layout submitted and not the principle of the

           1. Flooding is the major concern. Consultant Engineers specifically
              asked to address any potential flooding problems as well as Suds
              issues for the site. We believe the development will actually improve
              flood prevention in this area as confirmed by Consultant Engineers.
              Diversion of any existing surface water pipes will be addressed before
              construction starts on site to the satisfaction of the Area TECS
              Service Manager.

           2. Suds measures are now to be an underground system with outflow to
              existing ditch to north of all the properties on Ord Road - therefore
              there is no chance of any flooding occurring from this as it is at a
              much lower contour than all existing houses.            Underground
              attenuation area moved further westwards, at least 30 metres from
              the boundary/10 metres from canopy of existing trees, therefore
              posing no risk to the adjacent mature trees. Visited owner of Oakfield
              and informed them of proposals as this would be the only property
              affected by this revised proposal. Tir Alluin is now within the
              ownership of the applicants.

           3. Proposed houses on north and west boundaries adjacent to existing
              properties have been amended to single storey only in response to
              concerns expressed.

           4. Existing 90mm diameter water main running along west boundary of
              site will be diverted to connect with new water main in the new internal
              road when Phase 2 commences.

           5. Play area relocated to centre of site as suggested.

           6. A more robust landscaping plan has now been submitted in detail in
              response to representations and concerns of the Planning Service.

           7. There are no legal wayleaves granted for any soakaways from
              adjoining development within the site for any of the adjoining houses
              and there is no physical evidence of this.

           8. Fencing details illustrated on amended plans.

         Proposals made could be considered as non-material as the area of the
         application has not changed nor has the number of houses whilst changes
         are improvements in accordance with comments made in representations
         and from Planning Service.


5.1   Marybank, Scatwell and Strathconon Community Council: Main changes
      from previous application in layout and drainage arrangements. People
      generally pleased. Play area moved away from road. In relation to drainage,
      encouraging applicant understood something better required. Resubmission
      not removed our concerns completely; no technical information available on
      drainage system. Would like to understand what is being proposed and
      residents below new development still concerned about water run off onto their
      properties. Understand drains at bottom of Exhibition Wood blocked - likely to
      cause problems in case of heavy storms.
No evidence in new submission other comments made have been addressed.
Previous concerns:
      Number of houses – Local Plan specifies 25 – proposal is for 27;
      Drainage – residents deeply worried about effect of development on
      drainage – inadequacy recently demonstrated by flash floods –
      development would aggravate. Would welcome confirmation drainage
      infrastructure was completed according to specification before the 4
      bungalows were built;
      Any new infrastructure should provide for possibility of upper portion of
      field – to south of site – may one day be zoned for housing;
      Allocation of spare sewerage system capacity.                  Concerned
      development will require large proportion of additional sewerage
      capacity we understand Scottish Water has been permitted by SEPA.
      Would affect ability of new Local Plan to fulfil one of its objectives –
      balance development of village to both east and west – revision made
      after public consultation;
      Clear evidence/moral argument larger proportion than 25% of spare
      capacity should be reserved for affordable housing. Community
      Council pursuing delivery with HSCHT/Trustees of Fairburn Estate.
      Progress halted due to lack of capacity in public sewer. Our protest to
      Scottish Water resulted in investigation which indicates that additional
      spare capacity for around 30 households. Unfair private developer
      benefits from this. Need for affordable houses increased since survey;
      Design brief – Concerned Community Council not involved in
      preparation and Sustainable Design Statement has not been submitted;
      Sustainable Design – lack of reference to use of renewable energy
      sources, insulation, solar gain, adjoining houses, combined heating
      systems, cladding, orientation of gardens to grow produce;
      Height – houses below site limited to single storey – dismayed at
      proposals for 1 ½ storey, overlooking issue as site at higher level;
      Appearance – where timber cladding not suitable, preference should be
      to wet dash rather than dry dash harl;
      Lighting – minimal upward reflection to minimise light pollution;
      Site layout reminiscent of outdated suburban areas –not appropriate to
      rural setting in 21st century – should more sustainable alternatives;
      Need for paths to walk to school, The Brae, the hall, etc. – safer
      pedestrian access rather than along pavement on A832 – reduce
      temptation to use cars for short journeys;
      Affordable houses – must be accessible to people on low or average
      incomes and provide rented, bought and hybrid properties of small,
      medium and larger options. Specification no lower than private houses.
      Construction phase could be contracted/piecemeal -unsightly building
      sites for years;
      Increase in sewerage capacity – concerned regarding quality of outflow
      if discharge to septic tank increased. Would like assurances from
      SEPA that outflow will not adversely affect the fresh oyster beds located
      downstream from the outfall;
      Would like to know when septic tank is likely to be upgraded;
      Policing – increase in population requires increase in Police presence,
      village already suffers vandalism;
5.2   Scottish Water: No objection – no guarantee of connection to infrastructure
      until satisfactory solution identified. Require to assess impact of development
      on existing infrastructure due to size - keen to understand proposed phasing
      and timescales to examine options.

      Water treatment sufficient capacity but may by pressure issues within network.
      Marybank septic tank – at present insufficient capacity to serve proposal –
      may be issues within waste water network. Separate surface water system
      required to comply with principles of Suds. Necessary for developer to ensure
      proposal will not have detrimental impact on services provided to existing

      Upgrading works may be required at developer’s expense. Scottish Water will
      make reasonable cost contribution per property.

      Development may involve building over or obstructing access to an existing
      public surface water sewer which will require to be protected or diverted.

5.3   Scottish Environment Protection Agency: Foul drainage – No objection to
      proposal to connect to foul sewer. The surface water drainage proposal
      outlined in the Drainage Impact Assessment is acceptable to SEPA in terms of
      water quality as it provides the required single level of treatment for surface
      water run-off from this residential development.

      SEPA has not considered the water quantity aspect of this scheme.
      Comments from Scottish Water, where appropriate, the Local Authority Roads
      Department and the Local Authority Flood Prevention Unit should be sought
      on the SUDS strategy in terms of water quantity/flooding and adoption issues.

      SEPA would object to any proposal for private foul drainage provision for this
      development. If the area is currently subject to a Scottish Water infrastructure
      capacity constraint, such an objection could be removed if:
            Scottish Water confirms investment to address this constraint has been
            specifically allocated within its investment programme and/or
            Expected developer pro-rata contributions are confirmed by Scottish
            Water to allow work to start on the removal of the constraint; and
            The foul drainage system is designed and built to a standard suitable
            for adoption by Scottish Water and evidence provided that Scottish
            Water has confirmed it will adopt the system; and
            The system is designed such that it can easily be connected to the
            public sewer in the future; and
            A planning condition is imposed requiring connection to public sewer
            when the planned upgrade has been implemented and a connection
            can be made.

5.4   TEC Services (Area Roads & Transport Manager):
        • Drainage should be dealt with within the curtilage of the site. There
           should be no water draining on to the public road.
        • There is an existing water problem with some history which should be
           addressed by the applicant prior to the commencement of the house
            building. Water runs from the field and wood above the Upper Arcan
            road and across the road gathering in a natural gully funnelling the water
            into the area of the proposed site. There is an existing 200mm pipe
            which is beyond capacity at the moment. There is inclusion of a French
            type drain on the design proposals however given the gravity of this
            problem a more robust system should be investigated and installed to
            provide relief. Inclusion of a larger pipe feeding into a soakaway sump
            then into the SUDs system at the bottom of a cut-off bund at the upper
            boundary of the site is a suggestion. It should be noted that a
            maintenance guarantee of this system is sought.
        •   All road markings and signs should be provided and installed by the
        •   A contribution towards traffic calming within the village of Marybank
            should be provided by the developer.
        •   Visibility splays should be 4.5 metres back by 90 metres provided along
            the A832 within the control of the developers or TEC Services land.
        •   The detail of a banjo type turning head/roundabout with accesses and
            indeed a through road in the vicinity of plots 20,21,22, & 27 is not
            acceptable and a redesign of this detail is required.
        •   There are no details of street lighting to comment on.
        •   There is insufficient information as regards the roads details such as
            cross-sections kerbing and footpath details etc… This can be submitted
            at the road construction consent stage.

      Housing Service: 48 applicants on waiting list with majority requiring one or
      two bedroom accommodation.

5.6   Forestry Officer: Mature trees along Ord Road and the area of woodland
      adjacent to Balloan House Hotel now protected by Tree Preservation Order.

      Roadside trees not affected by proposed visibility splays.

      Detention basin and services to north of road must not encroach into root
      protection area (RPA) of adjacent trees covered by TPO. Applicant must
      survey these trees to establish the necessary RPA-submit details for approval.

      Group of mature Sitka spruce just outside the north east corner of the site.
      These trees are not desirable in a residential setting, but they are under third
      party ownership. Unless consent gained to fell these trees, adequate
      separation required. Probably reached their terminal height - prevailing wind
      increases the likelihood of them falling into the site. Recommend no
      development within falling distance. Applicant must either establish top height
      of these trees and necessary exclusion zone or gain consent from the owner
      to remove trees.

      Greater consideration needs to be given to the proposed landscaping.
      Planting along north and west boundary may restrict sunlight into existing
      properties and so species choice will be important. While a boundary
      treatment may be appropriate, it needs to be designed to integrate with the
      development. Additional planting within plots and along the access roads will
      help to soften the development further. I would recommend that all boundary
      planting is carried out during the first phase to ensure early establishment.

5.7   Archaeology: No archaeological condition requested.
6.    POLICY
6.1   The following policies are relevant to the assessment of the proposal

             The Highland Structure Plan: Policies G1, G2
             Ross and Cromarty East Local Plan Policy 4(a) Marybank;GSP9

6.2   The proposal also requires to be assessed against the following relevant
      Scottish Planning Policies (SPP); NPPG, and Planning Advice Notes PAN.

             PAN 67 Housing Quality
             Development Plan Policy Guidelines – Residential Layouts.

7.1   Determining issues - Section 25 of the Town and Country Planning
      (Scotland) Act 1997 requires planning applications to be determined in
      accordance with the development plan unless material considerations indicate

7.2   The proposal requires to be assessed against both the appropriate policies of
      the Development Plan, supplementary guidance and National Planning Policy
      and Guidelines as referred to in the Policy section. In particular, the proposal
      requires detailed assessment of the following fundamental issues:

             whether the principle of development is appropriate in terms of policy
             whether the layout of development is appropriate
             the impact on the amenity of the area and residents
             other material issues raised by the objectors

7.3   Policy: The adopted Ross & Cromarty East Local Plan identifies the site as
      an expansion area under Policy 4(a) – 2.4 hectares is allocated for up to 25
      houses as one of two expansion areas for the village. (Policy 4(b) allocates
      2.7 hectares west of The Brae for up to 25 houses.) The policy requires
      development to incorporate land for the provision of additional
      recreational/play facilities on the two sites, lying to the east and west flanks of
      the allocations, in accordance with overall layout plans to be agreed between
      the developer and the Planning Authority prior to commencement. These will
      include details of density, access, road layout, footpaths/cycleways, open
      space, landscaping and phasing (see DPPG Standards). A prerequisite to
      development is the upgrading/provision of adequate public waste water
      treatment, to which developer contributions are necessary (GSP2).
      Developers are also required to provide land for a village shop and public car
      park at The Brae. A comprehensive structural planting scheme, comprising
      trees and hedgerows of native species should be undertaken in advance of
      development (Section 75 Agreement). Developers should also discuss the
      provision of affordable housing. Local assessment of needs suggests that a
      minimum of 25% of the houses should be for affordable/low cost needs.

7.4   GSP9 allows for the densities of housing sites to be increased or decreased by
      10% with any density beyond this allowance having to be justified.

7.5   The site plan as submitted exceeds the extent of the allocated site identified
      within the Local Plan along the southern boundary by approximately 17 metres
      curving outwards. The developer argues that the site area accords with the
      2.4 hectares specified in the Local Plan, excluding boundary landscaping
      whilst the area identified in the Local Plan map base is less than 2.4 hectares.
      It is confirmed that the area identified on the Local Plan inset map extends to
      2.25ha, less than the 2.4ha specified in the written statement which takes
      precedence, whilst the plans submitted extend to 2.4ha excluding landscaping.

7.6   The submitted plans include play facilities, a planting scheme and affordable
      housing at 25% whilst the developer is in detailed discussions with Scottish
      Water, in association with the owner of the western expansion site regarding
      the upgrading of the drainage facilities. In general, it is considered that the
      application complies with the terms of the Local Plan.

7.8   Layout: Following receipt of the representations and further to discussions
      with the Planning Authority, the layout has been amended to incorporate more
      significant landscape and detailed planting proposals along the eastern and
      southern boundaries and within the site whilst the boundaries adjacent to
      existing houses shows beech hedging being proposed.

      The play area is now located centrally within the development, reducing the
      frontage onto access roads to improve amenity and safety whilst being
      supervised/overlooked by local residents. This will be a facility for toddlers
      whilst the recently upgraded play area in the centre of the village caters for
      older children. The layout includes a range of semi-detached and detached
      bungalows and one and a half storey houses to meet a range of needs which
      is desirable in planning terms. All sites adjacent to existing properties have
      been revised to single storey only to reduce dominance and ensure privacy. It
      is considered desirable to increase the separation from the existing properties
      in some areas, particularly along the north boundary.

      The developer was asked to include a footpath connection up to Upper Arcan
      Road to the south to link into the footpaths in Exhibition Wood as an amenity
      for residents. However the landowner is concerned regarding potential conflict
      between pedestrians and the continued agricultural activities within the
      remaining land to the south. There is no opportunity to link this development
      westwards to the centre of the village, other than along the roadside footpath
      provided to the south of the A832 in association with other housing
      developments as there is no link available through the existing housing to the
      west. The layout as now submitted is generally considered to be acceptable.

7.9   Amenity In relation to concerns raised by adjoining residents and the Planning
      Service, as stated above, all properties adjacent to existing housing have been
       amended to single storey units and landscaping proposals have been adjusted
       to beech hedging in such locations to minimise the impact upon
       sunlight/daylight to garden areas and properties. Subject to information being
       received on finished floor levels relative to existing ground levels with the
       detailed applications for each plot, the impact on the amenity of existing
       residents for the development of this allocated site is considered at a
       reasonable level.

7.10   Services – There is very limited capacity within the public sewerage system
       for Marybank which comprises a communal septic tank with a discharge to the
       River Conon. Members will recall approving an outline application for six
       houses to the northeast of the site at the last Committee. In addition to the
       current application and the recent approval, there is further development land
       allocated to the west of the village. The developer and the landowner of the
       other expansion site are in discussion with Scottish Water regarding the
       upgrading of the drainage system. Progress will be reported verbally at the
       Committee meeting. A condition can be imposed to suspend development
       until such time as an agreement is in place with Scottish Water regarding the
       servicing of the development which will satisfy the requirements of SEPA.

7.11   With regard to access the Roads Section are generally satisfied with the
       proposals but seek some amendments to the layout together with traffic
       calming on the A832 at the entrance to the village.

7.12   In relation to flooding issues, Marybank has been subject to flooding over the
       last 18 months during periods of heavy rainfall. The developers have
       responded to the representations received on this issue by providing an
       Engineer’s report. Significantly, the Roads section are of the opinion that the
       flood prevention measures proposed need to be upgraded and it is suggested
       that this could be addressed through discussions and agreement with a
       condition being imposed. It should be noted that this issue will also be fully
       addressed through the Road Construction Consent procedure but it is
       considered desirable the course of action to prevent flooding is agreed at an
       early date. The details proposed at present indicate surface and ground water
       from land to the south, (above) the site, being intercepted by a perforated pipe
       cut off drain discharging into the proposed road drainage system which will
       gravitate through the development, under Ord Road and discharge into an
       existing drainage ditch serving the agricultural land to the north of the
       development, below the level of any existing dwellings. It is this French drain
       that they consider may be inadequate.

7.13   Surface water drainage from within the site will be treated in accordance with
       the principles of Suds with one level of treatment being provided; surface
       water run off from the houses will be treated and attenuated within each site
       before being discharged at a controlled rate to a gravity surface water sewer
       which will discharge to the drainage ditch to the north of the development,
       again below the level of existing houses. Road drainage will be installed
       discharging run off under Ord Road to the agricultural land located to the north
       where it will be attenuated and treated and thereafter discharged at the pre-
       development rate. The system is proposed to be constructed to adoptive
       standards for maintenance by Scottish Water for waste water and surface
       water and and Highland Council road drainage respectively. SEPA and the
       Roads Service advise that they are satisfied with these proposals.

7.14   Public Concerns In relation to the concerns raised by local residents it is
       considered that many of these have been addressed by the revisions to the
       proposals. Impact upon adjoining residents has been reduced by restricting
       the properties adjacent to existing houses to single storey only. The flood risk
       has been carefully considered and addressed in such a manner that surface
       and ground water will be intercepted, treated and discharged at a controlled
       rate below the existing houses in an underground detention basin. The
       specification can be upgraded through discussions and agreement with the
       Roads section. Foul drainage is the subject of detailed discussion with
       Scottish Water and it appears likely that a resolution will be reached whilst a
       suspensive condition can be imposed.
       With regard to the request from the Highland Small Communities Housing
       Trust that a level of affordable housing in excess of the 25% shown, the
       Council’s policy states that affordable housing at a minimum rate of 25% will
       be required in all housing developments of 10 units and over. It is
       unreasonable to ask developers to provide a higher level of provision unless
       this is incorporated within the Local Plan as is the case in the Wester Ross
       Local Plan. Developers are entitled to assess the requirements from
       published Council policy and calculate their costs accordingly. The developers
       are also in joint discussions with Scottish Water regarding the provision of
       upgraded public drainage facilities for the village which would facilitate the
       development of the other expansion area to the west of the village to progress.
       Ultimately, it is a matter for Scottish Water to allocate any spare capacity
       within the existing drainage system, rather than the Planning Authority.

7.16   The site is likely to be developed as individual serviced plots. From recent
       experience of housing development it is likely that the take up rate of sites
       would be fairly fast and that the development would be concluded within a
       reasonable timescale. However, it is accepted that this is unpredictable with
       any accuracy and there will be an inevitable degree of disruption during the
       construction period. A condition is recommended to control the hours of

7.17   The plans now show all existing water mains and surface water drains which
       lie within the site being diverted as part of the development although the claim
       of soakaways within the roadside plot is questioned as no wayleaves are in
       place nor physical evidence visible on the ground.

       The site boundary has been adjusted to exclude any third party land.

       Both the Community Council and local residents have raised the issue of the
       desirability of the development incorporating elements of sustainable
8.1    It is considered that the submitted application complies with the Development
       Plan policy, the layout is generally acceptable, the impact on amenity of
       existing residents has been mitigated to an acceptable level and flooding
       issues can be adequately addressed.           Accordingly, the application is
       recommended for approval, subject to conditions.


Recommend the application be granted subject to the following conditions and reasons:

1.        All surface water drainage shall comply with the principles of Sustainable Urban
          Drainage Systems and shall incorporate measures to intercept surface and
          ground water drainage run off from outwith the site. No work shall commence
          on site until a Drainage/Flood Prevention Strategy has been agreed in writing
          following discussions with the Roads Authority and the approved scheme shall
          be implemented to the full satisfaction of the Planning Authority, in consultation
          with the Roads Authority and SEPA, prior to any other work commencing on

Reason: To reduce the risk of flooding and improve water quality.

2.        No work shall commence on site until the applicant has demonstrated evidence
          of a formal agreement with Scottish Water to service the development in respect
          of foul drainage, to the written satisfaction of the Planning Authority.

Reason: To ensure that the site is adequately drained, in the interests of public health.

3.        All existing water mains/connections and surface/ground water drains located
          within the site shall be diverted to the satisfaction of Scottish Water and the
          Roads Authority.

Reason: In the interests of public health and to reduce the risk of flooding.

4.        Before any development commences on site a road construction consent
          and road bond shall be required. Visibility splays of 4.5 meters x 90 metres shall
          be provided onto the A832 and the internal access road shall be provided to the
          Guideline Standards of the Roads Authority, incorporating full sized turning
          areas. The internal access roads shall be 5.5m wide and kerbed and two
          parking spaces shall be provided per property with all driveways being hard
          surfaced for at least the first 6 metres from the edge of the road. Footpaths shall
          be provided either side of the main internal access road up to the A832 with
          suitable dropped kerb crossing points across the junction. No surface or ground
          water shall be permitted to enter the public road from the site. The detail of a
          banjo type turning head/roundabout with accesses and indeed a through road in
          the vicinity of plots 20,21,22, & 257 is not acceptable and a redesign of this
          detail is required to the satisfaction of the Roads Authority.
Reason: In the interests of road safety.

5.        During construction, the developer shall provide measures to prevent mud and
          debris being taken out onto the public road or provide suitable arrangements for
          sweeping the public road on a regular basis to the satisfaction of the Roads

Reason: In the interests of road safety.

6.        Traffic calming shall be provided on the A832 on the approach into the village,
          comprising countdown signs and rumble strips, to a specification to be agreed in
          writing with the Roads Authority, at the developer’s expense before the first
          house is occupied.

Reason: In the interests of road traffic safety.

7.        The development shall be undertaken in accordance with the phasing plan
          hereby approved. Any variation of the phasing shall require the prior written
          approval of the Planning Authority. No house shall be occupied within either
          phase until such time as the roadways and footpaths are completed to base
          course level and street lighting is installed and operational.

Reason: To ensure the proper development of the site.

8.        Seven houses shall be provided as affordable units (3 in phase 1 and 4 in phase
          2). No development shall commence on site until the developer has entered into
          a design and build contract with a social housing provider or equivalent to
          deliver the affordable residential units within Communities Scotland benchmark
          costs and built to Communities Scotland Housing for Variable Needs standards.
          The detailed nature of the affordable housing provision must be agreed with the
          Planning Authority in consultation with Housing Services prior to development
          commencing on any phase.

Reason: In the interests of securing compliance with the Council’s Affordable Housing
        policy as contained in the Development Plan.

9.        Operations for which noise is audible at the boundary of any residential property
          may only be carried out between 0800 hours – 1800 hours Monday to Friday;
          0800 hours – 1300 hours on Saturdays; and not at all on Sundays, unless prior
          written consent is obtained from the Planning Authority.

Reason: In order to reduce the risk of noise nuisance in the interests of residential

10.       A further application shall be submitted to the local Planning Authority for the siting
          and design of the house on each site, together with the requisite detailed plans to

a)        Plans, sections and elevations of the proposed building, and colour and type of
          materials to be used externally on walls and roof;
b)        Detailed layout of the site as a whole, site levels existing and proposed, including
          provision for car parking, details of accesses and details of all fences, walls and
c)        Landscaping proposals including proposed tree and shrub planting to be carried
d)        Cross sections through the site showing existing and proposed ground levels,
          relating to fixed and identifiable ground levels outwith the site, including the
          public road. The houses shall be set down within the site to reduce their
          prominence at a level consistent with providing satisfactory access gradients.
          Finished floor levels shall be specified for each house relative to existing ground
          levels outwith and adjacent to the plot

These are RESERVED MATTERS to this application and no work on and individual site shall
commence until the written approval of the Highland Council, as Planning Authority has been

Reason: No such details have been provided for the proposed houses.

11.       The proposed houses shall be single storey only adjacent to existing houses or
          one and a half storeys in height, complimenting the design and materials of the
          traditional houses in the area, including dark grey roofs. They shall be designed
          and laid out to conserve the privacy of existing properties as far as possible.

Reason: In the interests of amenity.

12.       Prior to commencement of development, a detailed landscaping plan shall be
          submitted for approval specifying the quantity, position, size, species and
          protection measures (tree shelters, stakes and ties) of all trees/shrubs to be
          planted together with an indication of how they integrate with the proposal in the
          long term. A maintenance programme must be submitted for approval
          specifying weed control; adjustment/replacement of shelters, stakes and ties;
          formative pruning; replacement of failures and maintenance in perpetuity to the
          satisfaction of the Planning Authority. Peripheral planting shall be carried out
          either prior to commencement of development or during the first year from
          commencement with all internal landscaping being completed in the first year
          following completion of the last house in each phase. All trees are to be
          retained and any which die, are removed or become diseased within the first five
          years are to be replaced with trees of a similar size and species within the next
          planting season (unless otherwise agreed by the Planning Authority).

Reason: In the interests of amenity.

13.       A building reservation not encroaching onto the root protection area of the trees
          (protected by a TPO) to the east of the detention basin whilst no development
          shall take place within the falling distance of the mature sitka spruce located to
          the west of the site unless permission is obtained to remove these trees, both
          distances shall be established by survey and approved in writing by the Planning
          Authority. Herras fencing shall be erected around these exclusion areas and
          inspected and confirmed as satisfactory in writing by the Forestry Officer before
          any other work commences on site.

Reason: In the interests of amenity.

14.       The Design Brief shall be amended in discussion with the Planning Service and
          approved in writing and thereafter all development shall comply with the terms of
          the Development Brief.

Reason: In the interests of amenity.

15.       The layout shall be amended to provide separation distances of at least 18
          metres between the existing and the proposed houses on plots 18, 19, 20, 21,
          22, 23 & 24, and a set back distance of at least 10 metres from these houses to
          the rear garden boundaries.

Reason: In the interests of amenity.

16.       Notwithstanding the terms of classes 1 & 3 of Schedule 1 of the Town & Country
          Planning (Scotland) (General Permitted Development Order) 1992, and any
          orders revoking or re-enacting the order, planning permission will be required for
          the erection of any extension or outbuildings within plots 18, 19, 20, 21, 22, 23 &

Reason: In the interests of residential amenity as the plots are restricted in size

17.       A sustainable design statement shall be submitted with the reserved matters
          application to comply with the Council’s policy for sustainable development to
          illustrate how sustainable features will be incorporated.

Reason: To encourage sustainable development.

18.       Consideration shall be given to providing a footpath link from the site up to
          Upper Arcan Road emerging at a safe point to link in with existing footpaths
          within Exhibition Wood.

Reason:      In the interests of amenity.


Designation: Team Leader, Ross & Cromarty
Author: Julie Ferguson.
Background Papers: