application for review - erection of new passivhaus

New Viewforth 14 Pitt Terrace Stirling FK8 2ET

Tel: 01786 442 515

Fax: 01786 443 003

Email: [email protected]

Applications cannot be validated until all necessary documentation has been submitted and the required fee has been paid.

Thank you for completing this application form:

ONLINE REFERENCE 000061381-001

The online ref number is the unique reference for your online form only. The Planning Authority will allocate an Application Numberwhen your form is validated. Please quote this reference if you need to contact the Planning Authority about this application.

Type of ApplicationWhat is this application for? Please select one of the following: *

We strongly recommend that you refer to the help text before you complete this section.

Application for Planning Permission (including changes of use and surface mineral working)

Application for Planning Permission in Principle

Further Application, (including renewal of planning permission, modification, variation or removal of a planning condition etc)

Application for Approval of Matters specified in conditions

Description of ProposalPlease describe the proposal including any change of use: * (Max 500 characters)

Planning Permission in Principle for a new Passivhaus dwelling house on a site within the smallholding of Hutchison House,

Auchenlay Road, Dunblane FK15 9JS

Is this a temporary permission? *Yes No

If a change of use is to be included in the proposal has it already taken place?(Answer 'No' if there is no change of use.) * Yes No

Have the works already been started or completed? *

No Yes - Started Yes - Completed

Applicant or Agent DetailsAre you an applicant, or an agent? * (An agent is an architect, consultant or someone else actingon behalf of the applicant in connection with this application) Applicant Agent

Page 1 of 8

Agent DetailsPlease enter Agent details

Company/Organisation: Module Architects

Ref. Number:

First Name: * Mark

Last Name: * Dowey

Telephone Number: * 01786 848439

Extension Number:

Mobile Number:

Fax Number:

Email Address: * [email protected]

m

You must enter a Building Name or Number, orboth:*

Building Name: 24

Building Number:

Address 1 (Street): * Anchorscross

Address 2:

Town/City: * Dunblane

Country: * UK

Postcode: * FK15 9JW

Is the applicant an individual or an organisation/corporate entity? *

Individual Organisation/Corporate entity

Applicant DetailsPlease enter Applicant details

Title: * Mr

Other Title:

First Name: * Juan (John)

Last Name: * Sanz

Company/Organisation:

Telephone Number: 01786 825031

Extension Number:

Mobile Number:

Fax Number:

Email Address: dunblanecampusnomore@hot

mail.co.uk

You must enter a Building Name or Number, orboth:*

Building Name: Hutchison House

Building Number:

Address 1 (Street): * Auchenlay Road

Address 2:

Town/City: * Dunblane

Country: * Scotland

Postcode: * FK15 9JS

Page 2 of 8

Site Address DetailsPlanning Authority: Stirling Council

Full postal address of the site (including postcode where available):

Address 1: HUTCHISON HOUSE

Address 2: AUCHINLAY ROAD

Address 3:

Address 4:

Address 5:

Town/City/Settlement: DUNBLANE

Post Code: FK15 9JS

Please identify/describe the location of the site or sites.

Northing 704313 Easting 278483

Pre-Application DiscussionHave you discussed your proposal with the planning authority? *

Yes No

Pre-Application Discussion DetailsIn what format was the feedback given? *

Meeting Telephone Letter Email

Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processingagreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, pleaseprovide details of this. (This will help the authority to deal with this application more efficiently.) * (Max 500 characters)

Site meeting to discuss the scheme

Title: Mr Other title:

First Name: Peter Last Name: McKechnie

Correspondence ReferenceNumber:

Date (dd/mm/yyyy): 06/02/13

Note 1. A processing agreement involves setting out the key stages involved in determining a planning application, identifying whatinformation is required and from whom and setting timescales for the delivery of various stages of the process.

Site AreaPlease state the site area: 2070.00

Please state the measurement type used:Hectares (ha) Square Metres (sq.m)

Page 3 of 8

Existing UsePlease describe the current or most recent use: (Max 500 characters)

Agricultural smallholding

Access and ParkingAre you proposing a new or altered vehicle access to or from a public road? *

Yes No

If Yes please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changesyou propose to make. You should also show existing footpaths and note if there will be any impact on these.

Are you proposing any changes to public paths, public rights of way or affecting any public rights of access? *Yes No

If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, includingarrangements for continuing or alternative public access.

Water Supply and Drainage ArrangementsWill your proposal require new or altered water supply or drainage arrangements? *

Yes No

Are you proposing to connect to the public drainage network (eg. to an existing sewer)? *

Yes – connecting to public drainage network

No – proposing to make private drainage arrangements

Not Applicable – only arrangements for water supply required

What private arrangements are you proposing? *

New/Altered septic tank.

Treatment/Additional treatment (relates to package sewage treatment plants, or passive sewage treatment such as a reed bed).

Other private drainage arrangement (such as chemical toilets or composting toilets).

What private arrangements are you proposing for the New/Altered septic tank? *

Discharge to land via soakaway.

Discharge to watercourse(s) (including partial soakaway).

Discharge to coastal waters.

Please explain your private drainage arrangements briefly here and show more details on your plans and supporting information: * (Max500 characters)

The new dwelling house will have a septic tank to soakaway. Surface water discharge will be primarily to collection (rainwater butts)

and to extension of existing land drain to drainage pond

Do your proposals make provision for sustainable drainage of surface water?(e.g. SUDS arrangements) * Yes No

Note: -

Please include details of SUDS arrangements on your plans

Selecting 'No' to the above question means that you could be in breach of Environmental legislation.

Page 4 of 8

Are you proposing to connect to the public water supply network? *

Yes

No, using a private water supply

No connection required

If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).

Assessment of Flood RiskIs the site within an area of known risk of flooding? *

Yes No Don't Know

If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can bedetermined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.

Do you think your proposal may increase the flood risk elsewhere? *Yes No Don't Know

TreesAre there any trees on or adjacent to the application site? *

Yes No

If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicateif any are to be cut back or felled.

All Types of Non Housing Development - Proposed New FloorspaceDoes your proposal alter or create non-residential floorspace? *

Yes No

Schedule 3 DevelopmentDoes the proposal involve a form of development listed in Schedule 3 of the Town and CountryPlanning (Development Management Procedure (Scotland) Regulations 2008 * Yes No Don't Know

If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planningauthority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on theadditional fee and add this to your planning fee.

If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text andGuidance notes before contacting your planning authority.

Planning Service Employee/Elected Member InterestIs the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or anelected member of the planning authority? * Yes No

Certificates and NoticesCertificate and Notice under Regulation 15 8 – Town and Country Planning (General Development Management Procedure) (Scotland)Order 1992 (GDPO 1992) Regulations 2008

One Certificate must be completed and submitted along with this application form. This is most usually Certificate A, Form 1,Certificate B, Certificate C or Certificate E.

Are you/the applicant the sole owner of ALL the land ? *Yes No

Is any of the land part of an agricultural holding? *Yes No

Do you have any agricultural tenants? *Yes No

Certificate RequiredThe following Land Ownership Certificate is required to complete this section of the proposal:

Certificate E

Page 5 of 8

Land Ownership CertificateCertificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)Regulations 2008

Certificate E

I hereby certify that –(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginningof the period 21 days ending with the date of the application.

(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are no agricultural tenants

Or

(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginningof the period 21 days ending with the date of the application.

(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are agricultural tenants.

These People are:

Name:

Address:

Date of Service of Notice: *

(3) - I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other agriculturaltenants and *have/has been unable to do so –

Notice of the application has been published in:

On:

Signed: Mark Dowey

On behalf of: Mr Juan (John) Sanz

Date: 11/04/2013

Please tick here to certify this Certificate. *

Checklist - Application for Planning PermissionTown and County Planning (Scotland) Act 1997

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary informationin support of your application. Failure to submit sufficient information with your application may result in your application being deemedinvalid. The planning authority will not start processing your application until it is valid.

a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statementto that effect? *

Yes No Not applicable to this application

b) If this is an application for planning permission, planning permission in principle or a further application and the application is fordevelopment belonging to the categories of national or major developments (other than one under Section 42 of the planning Act),have you provided a Pre-Application Consultation Report? *


Page 6 of 8

Town and County Planning (Scotland) Act 1997

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

c) If this is an application for planning permission and the application relates to development belonging to the categories of national ormajor developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (DevelopmentManagement Procedure) (Scotland) Regulations 2008, have you provided a Design and Access Statement? *


d) If this is an application for planning permission and relates to development belonging to the category of local developments (subjectto regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2008) have you provided a DesignStatement? *


e) If your application relates to installation of an antenna to be employed in an electronic communication network, have you providedan ICNIRP Declaration? *


f) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified inconditions or an application for mineral development, have you provided any other plans or drawings as necessary:

Site Layout Plan or Block plan.

Elevations.

Floor plans.

Cross sections.

Roof plan.

Master Plan/Framework Plan.

Landscape plan.

Photographs and/or photomontages.

Other.

If Other, please specify: * (Max 500 characters)

Design Statement; Planning Supporting Statement

Page 7 of 8

Provide copies of the following documents if applicable:

A copy of an Environmental Statement. *Yes N/A

A Design Statement or Design and Access Statement. *Yes N/A

A Flood Risk Assessment. *Yes N/A

A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *Yes N/A

Drainage/SUDS layout. *Yes N/A

A Transport Assessment or Travel Plan. *Yes N/A

Contaminated Land Assessment. *Yes N/A

Habitat Survey. *Yes N/A

A Processing Agreement *Yes N/A

Other Statements (please specify). (Max 500 characters)

Planning Support Statement

Declare - For Application to Planning AuthorityI, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanyingplans/drawings and additional information are provided as a part of this application .

Declaration Name: Mark Dowey

Declaration Date: 11/04/2013

Submission Date: 11/04/2013

Payment DetailsCheque: J A Sanz, 100 319

Created: 11/04/2013 10:57

Page 8 of 8

JV

The Cobbler’s Studio, 19 Caledonian Place,

Dunblane, Perthshire, FK15 9AF

Module Tel: 01786 823753

Locate Tel: 01786 825111

E: [email protected]


1

Application for Planning Permission in Principle for a new Passivhaus dwelling

house at the smallholding of Hutchison House, Auchenlay Road, Dunblane

FK15 9JS for Mr J Sanz

Design Statement

1.0 Introduction

The proposed site is located approximately three miles north of Dunblane, in rural countryside. The

existing smallholding of Hutchison House is believed to be one of the last smallholdings in the

Strathallan area, formed when Cromlix Estate sold unwanted properties circa 1980. The site commands

views across the Allanwater to the Ochil Hills and to the village of Ashfield on the opposite bank. It is

south facing and immediately adjacent to the Auchenlay Road on a straight length of the road. The plot

itself is relatively flat, falling away slightly to the east and the Allanwater below.

The local architectural style is that of the single stone or rendered farmhouse, shallow in plan and

either single storey or one and a half storeys, as is Hutchison House. The existing buildings along the

Auchenlay Road vary in scale, form and age but most face south to optimise the solar gain and vistas

available. This results in a predominantly perpendicular relationship with the Auchenlay Road.

Materials again vary dependant on the age of the development but locally-won stone and ‘Scottish’

slate roofs predominate with small, punched fenestration to the south elevation. Dormer windows

tend to be paired on pitched roofs.

The proposed design takes into account the guidance from Stirling Council in its ‘Housing in the

Countryside Design Guidance’ document relating to massing and form. The dwelling house will be of

a modern idiom but in keeping with the guidance document’s Design Principles this will be tied to a

building that is wholly in keeping with the materials, form and massing of its rural context.

2.0 The Building

2.1 Proposed Plot Area = 2070m2

Proposed House GIFA = 120m2

2.2 Dwelling House Layout

The house will be one and a half storeys to reference similar sized properties in the locale and be of

a footprint of approximately 120m2, over the two levels. The house will be orientated north-south

to optimise solar gain potential with glazing to the east gable to maximise the aspect across the

Strathallan vista.

Access to the dwelling house will be achieved to the front elevation (south facade) into a largely

open plan space for living and kitchen/dining. There will be additional accessible bathroom facilities

and a third bedroom/study downstairs. A utility room will be provided along with a rear egress door.

JV



Module Tel: 01786 823753

Locate Tel: 01786 825111



2

Upstairs will comprise two main rooms with family bathroom. The master bedroom will have an

ensuite facility. The master bedroom will also have views across to the east via full height glazing to

the east gable.

The main house has been held back from blocking the sightline of the householders at Hutchison

Farm, adjacent. Their existing sightline is limited and allows only a view of the stand of semi-mature

/ mature trees planted by Mr Sanz to the south and west of the smallholding.

2.3 Passivhaus The building will be designed and built to Passivhaus standards and certified as such following post-

completion checks. The resultant energy usage will be approximately one TENTH of a conventional

new-build house whilst maintaining a comfortable 20oC internal temperature throughout.

This approach has obvious environmental benefits, but is particularly pertinent in this case because

it means Mr. Sanz will be able to reduce running costs substantially into old age while maintaining

high levels of thermal comfort needed by his medical condition. Passivhaus design means minimising the surface area to volume ratio so it encourages simple forms

which are in keeping with the simple forms generally employed in vernacular dwellings. The Passivhaus approach requires a rigorous application of passive solar principles meaning that the

house must have living areas facing roughly South with greater areas of South-facing glazing and

proportionally less glazing to North, East and West. The approach does not lead – as some fear – to

excessive glazing to the South as this would result in overheating in warm weather and excessive

heat loss in colder months and at night.

2.4 Materials and Form

The building will take the form of a traditional rural dwelling of the area and be of a simple, single

massing element with a shallow plan.

The house will be of a predominantly rendered finish. Full height glazing and areas of timber

cladding and/or locally won stone cladding will be utilised to provide a break in the overall massing

and to give the building a contemporary emphasis, in keeping with its Passivhaus aspirations. The

windows to the north elevation will be treated as punctured holes in a solid wall.

The dual pitched traditional roof form would be of a dark grey metal sheet standing seam material.

3.0 The Site

3.1 Vehicular access

It is proposed that a new vehicular access be formed to the south west corner of the plot, central to

the straight in the Auchenlay Road. This will maximise visibility and is the safest position for the new

JV



Module Tel: 01786 823753

Locate Tel: 01786 825111



3

access, given the layout of the existing road. The existing hedge is on smallholding land and the

width of the verge at around 2m gives an adequate visibility splay in both directions.

3.2 Amenity Space and Vehicular Parking

The house will have a gravelled yard of hard standing to the west entrance area leading up to the

house. This will allow for two visitor parking spaces adjacent to the outbuilding. Further, the house

will allow for a single car parking space to the front elevation for ease of access.

The rear of the property will comprise a grassed amenity space / family garden.

Landscaping materials will be porous in nature to avoid excessive additional run-off.

3.3 Additional ancillary buildings

It is envisaged that the smallholding will require a storage shed to facilitate the day to day workings.

This will be similarly constructed in appearance to the main dwelling house with perhaps a stronger

timber clad presence to reference traditional rural sheds in the area.

3.4 Access to the smallholding

A new gate is proposed into the smallholding from the yard area. Therefore, only one new access

point is being provided to the house and the smallholding.

3.5 Existing trees

The copse of trees planted by the Client circa 1988 should be topped, thinned, coppiced and

maintained to ensure no loss of sunlight to the new property. Passive solar gain is a fundament of

Passivhaus design.

4.0 Utilities and Drainage

4.1 Foul and surface water

There are no existing local authority sewers serving this part of the Auchenlay Road. All foulwater

drainage is to septic tank and subsequent soakaway discharge. It is envisaged that the new property

will utilise the septic tank/soakaway methodology, subject to Statutory Consent.

Rainwater will be stored and used where possible. Any additional surface water drainage will be via

a new branch in connection to an existing land drain to the pond in the bottom field. The pond will

be assessed for suitability of additional volume.

4.2 Water supply

The existing shared water supply should be utilised to serve the proposed property with an

additional toby being installed at the point of connection, subject to Statutory approval.

4.3 Electrical supply

There is an existing overhead electrical supply to Hutchison House. This will be extended to the new

plot, subject to Utilities Consent.

JV



Module Tel: 01786 823753

Locate Tel: 01786 825111



4

4.4 Space heating and hot water

Space heating requirements will be very low and easily met by simple radiant panel heaters. A

wood-stove will add back-up warmth.

The hot water system will be by solar-panel system to the south facing roof, with immersion back-up

over the winter months.

4.5 Communications

There is an existing telephony service to Hutchison House. This should be extended to the new

property, subject to Utilities Consent.

Please read the above statement in conjunction with MA/LA drawings 1301 (A4j) PL 001 & 002.

Stirling Council, Planning, Municipal Buildings, Corn Exchange Road, Stirling FK8 2HU. Tel: (01786) 233660

Decision Noticeabc

Mr Juan (John) Sanzper Module Architects24 AnchorscrossDunblaneFK15 9JW

APPLICATION NUMBER

13/00229/PPPDECISION LEVEL

Delegated

Refusal of Planning Permission In PrincipleStirling Council refuses Planning Permission In Principle for the proposals described below, on the application form and on the accompanying plans.

Description of the proposed development

Erection of new Passivhaus dwelling house

Location of the proposed development

Land Adjacent To South Of Hutchison House Auchinlay Road Dunblane

The Council’s reasons for refusal are:-

1 In the opinion of the Planning Authority the application is contrary to Policy H10 of the adopted Stirling Council Local Plan (as altered) August 2007 as the application has failed to demonstrate that the proposed dwelling is for an occupant who has a genuine need to be housed to manage land in the vicinity for agriculture, horticulture, forestry or in association with an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity. The smallholding is not considered to be a rural business, but is more of a way of living and as such does not justify the need for this dwelling.

2 In the opinion of the Planning Authority this application for a new build house in the countryside is contrary to Policy H10a Housing in the Countryside (adopted February 2009) as the application has failed to demonstrate that the proposal accords with any of the circumstances described in this material consideration. There is no grouping at this site, as there is not 4 or more buildings (not including small ancillary structures such as garages and outbuildings or open sided buildings.) existing at the site, of which at least three are houses, within 100 metres from the next. The site is not considered to be 'Brownfield', there is no justified need for the house in association with an established rural business as there is no rural business at the site. Furthermore the proposed house cannot be considered to be part of a sustainable living scheme, as the applicant does not live entirely off the holding. There are no buildings on the land that can be converted to form the house and the proposal does not replace any existing substandard or ruinous house.

Chief Planning Officer Date 6 September 2013

Schedule of Plans Approved - Plans can be viewed online at www.stirling.gov.uk/onlineplanning

Stirling Council Plan No.

Name Ref on Plan Status

03 Site Plan 1301(A4j) PL002 Decision

Reason for Decision

The application does not accord with Stirling Councils Adopted Local Plan Policy H10 and material consideration H10a.

This Decision Notice is issued under the Town and Country Planning (Scotland) Acts. It should be read, together with the accompanying plans; if any details differ, then the Decision Notice takes priority.

This Decision Notice neither gives nor implies a decision on a Building Warrant or under any other legislation.

Stirling Council, Planning, Viewforth, Stirling FK8 2ET. Tel: (01786) 442515

Report of Handling

ERECTION OF NEW PASSIVHAUS DWELLING HOUSE AT LAND ADJACENT TO SOUTH OF HUTCHISON HOUSE, AUCHINLAY ROAD, DUNBLANE, , - MR JUAN (JOHN) SANZ - 13/00229/PPP

DECISION: Refuse

DATE: 6 September 2013

Summary of Representations

None.

Summary of Consultation Responses

Roads Development Control Service: No objection subject to planning conditions, for example relating to a new access and the required visibility splays.

Stirling Council Environmental Health Service: No objection subject to a condition that restricts hours of construction.

Development Plan and Other Material Considerations

Policy H10 of the adopted Stirling Council Local Plan (as altered) Aug 2007 supports the development of single houses in the countryside and within Green Belts where it can be demonstrated that an occupant has a genuine need to be housed to manage land in the vicinity for agriculture, horticulture or forestry. In addition, such development may be supported in association with an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity. Houses permitted will be subject to an occupancy condition

Policy H10a Housing in the Countryside (adopted February 2009) is a material consideration, which is given significant weight. It supports housing in the countryside and the 'Green Belt' in certain circumstances. There are a number of circumstances contained within this material consideration and they are set out within this document. It supports housing within an existing building group, which is defined as: 4 or more buildings (not including small ancillary structures such as garages and outbuildings or open sided buildings.) of which at least 3 are houses, and no building is more than 100m from the next. The buildings should be viewed as an obvious group in the landscape setting. It supports replacement houses, where the existing house is of substandard and of a design that is not readily improvable or extendable, with a dwelling of similar scale, the renovation of a house that is a substantial ruin of traditional style, capable of forming the basis of a building of merit and local character and the faithful conversion of redundant farm steadings to dwellings. It also supports the development of houses on Brownfield sites and houses in association with an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity or the proposed house is a low carbon design, appropriate to its setting and is an integral part of a sustainable living scheme involving the management and use of attached land and so dependant upon a countryside location.

Policy H10A criterion 8 provides general planning criteria, which apply to all proposals under Policy H10A: Such as:

vi) New Houses should be designed and sited in a manner appropriate to the countryside and sympathetic to their setting. As high quality of design will be expected; and use of traditional sustainable materials will be encouraged. There will be emphasis of sympathetic location, design quality and cumulative visual impact within the designated Areas of Great Landscape Value.

C:\ADLIB EXPRESS\WORK\M;READIMAGEFORPDF

xi) Design quality and respect for local rural character should extend to the elements of the development out with the houses, i.e. ancillary buildings, landscaping, means of enclosure, access.

Housing In The Countryside Design Guidance states that in order to successfully integrate new developments into the countryside, the siting and design of new housing must:

Make a positive contribution to the 'sense of place' of its surroundings;

Maintain and reinforce distinctive local characteristics by being sympathetic to the landscapes setting, patterns of settlement and prevalent building traditions;

Be sustainable by applying common sense design principles to layout in relation to orientation, shelter etc.

Planning Advice note 72: The siting and design of housing in the countryside. This offers practical advice to siting housing in the countryside such as setting dwellings against a backdrop and not on the skyline.

Summary of Submission

Planning permission in principle is being sought for the erection of a dwelling house at a site situated in the countryside. The proposed site is located approximately 3 miles north of Dunblane. There is an existing smallholding at the location with a traditional build house as part of it, in which the applicant currently lives. The site sits on high land, which provides views across the Allan Water to the Ochil Hills and to the village of Ashfield on the opposite bank. The site is south facing and sits adjacent to the Auchinlay Road and the existing house known as 'Hutchison House'. The proposed plot is on a relatively flat section of the holding, but it does slope away slightly to the east. This application seeks the principle of erecting a house on this site to allow the applicant to move out of his current house adjacent and reside in this new one. The reason given for this is that the current house is too costly to maintain and to heat. The applicant has a medical condition that is particularly a problem if the house is not kept warm, which is not easy to do at a reasonable cost in the existing house. Instead of replacing this house the applicant wishes to realise its value and use the money to build a new house adjacent, which is to be a modest house and is to be built to a 'Passivhaus' standard, which is best suited to his condition. These types of houses maximise solar gain to keep them warm and are modern dwellings. They can be constructed to a traditional appearance, with traditional materials, but with more glazing than a traditional build. The applicant states that he needs to be on site in order to care properly for the animals he keeps on the holding and because he has lived there for years.

The applicant has, a few years ago planted hedges and trees along the boundaries of the proposed site and they have now matured to form a good landscape boundary along the roadside. It is intended to retain these as the wide road verge allows visibility to be achieved, whilst the vegetation is retained.

The applicants submitted a planning statement in support of the application. Within this statement it is recognised that the proposed house was not in complete compliance with any single aspect of the policies relating to new housing in the countryside. However it was asserted that the proposed dwelling satisfies the aims of the most relevant policies. Following debate on this the applicants planning consultant submitted a letter that stated that whilst the proposals did not accord with the wording of the policies it does accord with the aims and objectives behind these policies. It goes on to argue that the proposal will be part of a grouping, it will support a sustainable style of living and it will be highly energy efficient and the site chosen will ensure good integration into the existing landscape.

However, the application is recommended for refusal, as it is not considered to accord with the development plan policies and material considerations set out above for the following reasons:

The application is considered contrary to policy H10 set out above as the application represents non essential development within the countryside and green belt as the applicant has not demonstrated that the proposed dwelling is for an occupant who has a genuine need to be housed to manage land in the vicinity for agriculture, horticulture, forestry or in association with an established rural business where there is a clear operational need for a manager or staff to be housed in the vicinity. The applicant runs a smallholding at this location where there is already a house that can be lived in, in association with the holding. The size of the holding is not large and would struggle to justify the need for one house. It is not considered to be a rural business, but is more of a way of living. It does not justify the need for more than one dwelling. While officers can sympathasise with the applicant's

C:\ADLIB EXPRESS\WORK\M;READIMAGEFORPDF

health this is not a material planning consideration which in itself would justify a new dwelling house in a countryside location; therefore it cannot be given any weight to allow a second house to be built at this location. The aim of this policy is to only allow further housing in the countryside/greenbelt, where it is required and in planning terms it is not essential that a second house is built at this location to allow the running of this small holding.

The application is also considered to be contrary to policy H10 as set out above. The aim of this policy is to allow more housing in the countryside in certain circumstances. It is not considered that this proposal accords with this policy, as none of the circumstances set out above exist at the site. There is no grouping at this site, as set out in the terms of Policy H10a. Any houses that may be built in the future cannot be considered until they are built. The site is not considered to be 'Brownfield' and there is no rural business at the site. Furthermore the proposed house cannot be considered to be part of a sustainable living scheme, as the applicant does not live entirely off the holding. There are no buildings on the land that can be converted to form the house and the proposal does not replace any existing substandard or ruinous house.

For these reasons it is recommended for refusal.

Summary of Main Issues Raised In Respect of:

Any Environmental Statement submitted.Any assessment under Conservation (Natural Habitats &c.) Regulations 1994 carried out.Any Design Statement or Design and Access Statement submitted.Any report on impact or potential impact of the proposed development (e.g. retail, transport, noise or risk of flooding) submitted.

None.

Summary of terms of Section 75 Legal Agreements

None.

Directions Under Regulations 30, 31 or 32

None.

Sender: EHplanningconsultationsTo: planningconsultationsDate: 10/05/2013 15:59:52Subject: 13/00229/PPP-PMMessage:With reference to the above consultation, please find comments:With reference to the consultation for the erection of new Passivhaus dwelling house at land adjacent to south of Hutchison House, Auchinlay Road, Dunblane, I would comment as follows:Contaminated LandNo evidence to suggest conditions are required.NoiseWhere residential occupiers are likely to be affected by noise, construction works which are audible outwith the site boundary shall be undertaken during normal working hours, viz:- 08.00 to 18.00 hours Monday to Friday, and 09.00 to 13.00 hours on Saturdays. No noisy works audible outwith the site boundary are permitted on Sundays or Bank Holidays.RegardsSusannah RossEnvironmental Health Officer

Further Submission by Planning Officer The following sets out my response to the grounds of appeal: A pre application meeting was held on site with the applicants agent and following consideration of the proposal the agent was advised that the proposed application was contrary to the approved development plan policies and material consideration H10 a for the reasons now set out on the decision notice. The agent was advised if they wished to proceed with the application that a supporting/planning statement may help the application. An application was submitted with the supporting statement and prior to reading this I stated that I hoped to make a positive recommendation. The statement may have included a material consideration that I could have given weight to, which may have allowed me to recommend approval. At no point was the agent advised that the application would be approved as I do not make decisions. In accordance with planning legislation, applications are determined in accordance with the approved development plan policies unless a material consideration indicates otherwise. It is not "odd" that this application was refused using policy H10 of the adopted local plan and material consideration H10 a, as set out in the decision notice. Policy H10 forms part of the current approved development plan policies and this planning authority is required to determine this application in accordance with that policy unless material considerations indicate otherwise. Policy H10 a (which is supplementary guidance but not adopted policy) is a material consideration for this type of application and the reasons for using that as a reason for refusal as well, is to show that it does not indicate otherwise. Therefore the two reasons for refusal are outlined to comply with the planning legislation I am governed by. There is no current grouping at this site in accordance with the definition set out in Policy H10 a that defines a grouping as: 4 or more buildings (not including small ancillary structures such as domestic garages and outbuildings or any open-sided structures), of which at least 3 are houses, and no building is more than 100 metres from the next; the buildings capable of being viewed as an obvious group in their landscape setting. The application was refused as it failed to accord with the approved development plan policies and material considerations the aims of which are to prevent unnecessary development in the countryside. Peter Mckechnie Planning Officer Stirling Council 25 October 2013

R T HUTTON PLANNING CONSULTANT The Malt Kiln 2 Factors Brae Limekilns Fife KY11 3HG 01383 872000 07881097659 [email protected] Sheila McLean, Our ref: 13/06/RTH Committee Officer, Your ref: LET1A Clerk to the Local Review Body, Stirling Council, Viewforth, Stirling. 7th November 2013. Dear Ms McLean, Application for review of decision to refuse planning permission for proposed passivhaus at Hutchison House, Auchinlay Road, Dunblane. Council ref: 13/00229/PPP. I refer to your email of 29th October and the attachment which set out the planning officer’s comments on our submission to the Local Review Body (LRB) in connection with the above application. I have discussed these with my client and his architect and would now wish to offer the following comments. The first paragraph sets out to dismiss the impression given that a positive outcome was likely on this application, despite the email from the planning officer which was submitted with the applicant’s statement to the LRB. It is appreciated that advice given by a planning case officer is not binding on the Council, and that views on an application may differ within a planning department. However, the point of raising this matter was simply to highlight to members of the LRB that the decision to refuse the planning application was not as clear cut as may be suggested by the reasons given for refusal. Following on from that point, it is interesting to note that the planning officer makes no comment on the two issues which are regarded as critical to the applicant’s case. Firstly, it was clearly explained why the new house was needed by the applicant, with reference to his medical condition. Whilst perhaps not absolutely a material consideration, one would have hoped that it is a matter which would have been given

some thought in the processing of the planning application. Secondly, and perhaps more critically, is the lack of any comment on the main thrust of the applicant’s case. This centres on the view that whilst the proposal contained within the planning application may not comply with the detailed wording of the policies quoted in the reasons for refusal, it does meet the aims of these policies. As such a positive view could have been taken of the application, and we would have hoped this would have been the case, especially in light of the personal circumstances of the applicant. The planning officer has chosen not to comment on this key issue which is unfortunate but perhaps understandable in the circumstances. We hope that members of the LRB will however give this matter full consideration and in doing so approve the planning application. Yours sincerely, R T Hutton BSc(Hons) MRTPI

EXTRACT of MINUTES of MEETING of the LOCAL REVIEW BODY held on TUESDAY 26 NOVEMBER 2013 LR34 APPLICATION FOR REVIEW ERECTION OF NEW PASSIVHAUS DWELLINGHOUSE – LAND ADJACENT TO

SOUTH OF HUTCHISON HOUSE, AUCHINLAY ROAD, DUNBLANE – MR J SANZ 13/00229/PPP

Members considered a Notice of Review submitted by the Applicant’s agent, seeking a review of the decision by the Appointed Officer of the Council to refuse permission for the erection of a new Passivhaus dwelling house on land adjacent to the south of Hutchison House, Auchinlay Road, Dunblane. The Legal Adviser described the proposal, the reasons for the Appointed Officer’s decision and the grounds for the Notice of Review. Members considered the terms of the relevant policies, copies of which had been provided. The Legal Officer responded to a number of questions and requests for points of clarification from Members. Decision The Local Review Body agreed:- 1. that it had insufficient information to reach a decision;

2. that a unaccompanied site visit be arranged;

3. to request the Applicant to provide a further written submission in the form of

a statement setting out the viability of the smallholding and the impact of any decision to refuse the appeal;

4. that the matter be duly referred to a future meeting of the Local Review Body.

application for review - erection of new passivhaus

Documents