Infrastructure Services

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Formartine Area Committee Report – 24 March 2020

Reference No: APP/2019/2704 Planning Permission in Principle for Erection of Dwellinghouse at Site to the North West of Chapelton White House, Methlick, Aberdeenshire, AB41 7EP Applicant: G & H Gall Agent: Philip Baxter Grid Ref: E:388776 N:836280 Ward No. and Name: W07 - Turriff And District Application Type: Planning Permission in Principle Representations: 0 Consultations: 5 Relevant Proposals Map Designations:

Aberdeenshire Local Development Plan AHMA

Complies with Development Plans: No Main Recommendation: Grant

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1. Reason for Report 1.1 The Committee is able to consider and take a decision on this item in terms of

Section B.8.1 of Part 2A List of Committee Powers and Section C.3.1c of Part 2C Planning Delegations of the Scheme of Governance as the application for development is a departure from the Development Plan and is recommended for approval.

1.2 The Head of Finance and Monitoring Officer within Business Services have

been consulted in the preparation of this report and had no comments to make and are satisfied that the report complies with the Scheme of Governance and relevant legislation.

2. Background and Proposal 2.1 The applicant seeks Planning Permission in Principle for the erection of a

dwellinghouse on the site to the north-west of Chapelton White House, Methlick.

2.2 The site is located on a farm complex approximately 2.8km east of Methlick

and 2.7km north-west of Ythanbank (see Appendix 1). The proposed plot is a rectangular area of land (excluding servicing strips of land), which measures approximately 2000m2. It currently includes a Dutch Barn measuring approximately 30m x 15m in area, which is missing walls and some roof panels. It is a substantial structure however, with the steel supports being embedded into a thick concrete base. To the south of the Dutch Barn is the remainder of the access track which loops past the east elevation of Chapelton White House to the south-east, and curves to pass the southern elevation of the Dutch Barn (see Appendix 2). To the south of the site are new houses which appear substantively complete, and to the south-west is another new property which is partially constructed. There is a tree belt to the east of the Dutch Barn, but the site is otherwise part of a former farmyard, surrounded by open fields to the north and west. The land is slightly elevated in relation to the housing to the south.

2.3 The proposal would involve the erection of a dwellinghouse and garage on the

site. As this application is for Planning Permission in Principle, the final layout, siting and design of the property is not known at this stage. This would be more comprehensively assessed as part of any subsequent Matters Specified in Conditions application were this application to be approved. An indicative position of a dwellinghouse has been shown on the site plan, however this is purely to illustrate how the site could accommodate a dwellinghouse and its servicing. The purpose of this application is therefore purely to establish the principle of development for a dwellinghouse on this particular site.

Relevant Planning History

2.4 The following is a select list of the most relevant applications. It does not

include the full history of applications at Chapelton.

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Adjacent Sites

• APP/2019/0562 – Demolition of Steading and Erection of 2 No. Dwellinghouses Without Compliance with Condition 9 (Water Supply) of Planning Permission Reference APP/2017/1644 – Full Planning Permission (Granted May 2019)

• APP/2017/1717 – Erection of Dwellinghouse (Change of House Type and Plot Layout to Planning Permission Reference APP/2015/1557) – Full Planning Permission (Granted September 2017)

• APP/2017/1644 – Demolition of Steading and Erection of 2 No. Dwellinghouses – Full Planning Permission (Granted August 2017)

• APP/2017/1643 – Demolition of Steading and Erection of 1 No. Dwellinghouse – Full Planning Permission (Granted August 2017)

• APP/2015/1557 – Erection of Dwellinghouse and Conversion of Steading to form Garage and Store – Full Planning Permission (Granted July 2015)

• APP/2014/2620 – Erection of Replacement Dwellinghouse and Conversion of Steading to form Garage and Store – Full Planning Permission (Refused October 2014)

• APP/2013/4120 – Erection of 3 No. Dwellinghouses (Partial Demolition of Redundant Steading Buildings) including Change of Use of Land to Domestic Garden Ground – Full Planning Permission (Granted March 2014)

Supporting Information

2.5 The following supporting information has been submitted:

• Indicative Yield Test Data Sheet for Boreholes and Wells – Filpumps (11 May 2019)

• Certificate of Bacteriological Examination (20 February 2020)

• Certificate of Chemical Analysis (20 February 2020) *This replaced the previously submitted test results which were dated to 14 January 2014

• Certificate for Proposed Foul Water Sub-Surface Soakaway – SAC Consulting (19 September 2013)

• Development Statement – Arcus Design 3. Representations 3.1 No valid letters of representation have been received. 4. Consultations 4.1 Business Services (Developer Obligations) have advised that contributions

have been agreed towards the extension of Meldrum Academy. 4.2 Infrastructure Services (Environmental Health) initially identified that the

development should connect to the public water supply where feasible to do so and requested full details of the proposed supply if a public supply is not possible. Subsequent details on the water supply have since been provided however, and EH identified that it failed the chemical analysis. Despite this, the supply could still be made potable through the use of suitable filtration which can be conditioned as part of the decision. It also requested the addition of an informative in relation to noise/odour/dust.

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4.3 Infrastructure Services (Flood Risk and Coastal Protection) had no comments to make regarding flood risk.

4.4 Infrastructure Services (Roads Development) have advised that the

required visibility splays can be provided on the site. It has no objections to the development subject to the addition of conditions and informatives on any approval issued.

4.5 Scottish Water has no objection to the application, however, advise this

should not be interpreted as confirmation that the development can currently be serviced. It outlines that there is currently no record of any public Scottish Water, Water or Waste Water infrastructure within the vicinity of the site. Consequently, it advises the applicant to investigate private options.

5. Relevant Planning Policies 5.1 Scottish Planning Policy

The aim of the Scottish Planning Policies is to ensure that development and changes in land use occur in suitable locations and are sustainable. The planning system must also provide protection from inappropriate development. Its primary objectives are:

• to set the land use framework for promoting sustainable economic

development;

• to encourage and support regeneration; and

• to maintain and enhance the quality of the natural heritage and built environment.

Development and conservation are not mutually exclusive objectives; the aim is to resolve conflicts between the objectives set out above and to manage change. Planning policies and decisions should not prevent or inhibit development unless there are sound reasons for doing so. The planning system guides the future development and use of land in cities, towns and rural areas in the long term public interest. The goal is a prosperous and socially just Scotland with a strong economy, homes, jobs and a good living environment for everyone.

5.2 Aberdeen City and Shire Strategic Development Plan 2014

The purpose of this Plan is to set a clear direction for the future development of the North East. It promotes a spatial strategy. All parts of the Strategic Development Plan area will fall within either a strategic growth area or a local growth and diversification area. Some areas are also identified as regeneration priority areas. There are also general objectives identified. In summary, these cover promoting economic growth, promoting sustainable economic development which will reduce carbon dioxide production, adapt to the effects of climate change and limit the amount of non-renewable resources used, encouraging population growth, maintaining and improving the region’s built, natural and cultural assets, promoting sustainable communities and improving accessibility in developments. From the 29 March 2019, the Strategic Development Plan 2014 went beyond its five-year review period. In light of this, for proposals which are regionally or strategically significant, or give rise to cross boundary issues between Aberdeen City and Aberdeenshire, the presumption in favour of development

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that contributes to sustainable development will be a significant material consideration in line with Scottish Planning Policy 2014.

The Aberdeenshire Local Development Plan 2017 will continue to be the primary document against which applications are considered. The Proposed Aberdeen City & Shire SDP 2020 may also be a material consideration.

5.3 Aberdeenshire Local Development Plan 2017

Policy R2 Housing and employment development elsewhere in the countryside Policy P1 Layout, siting and design Policy E2 Landscape Policy HE1 Protecting historic sites and monuments Policy C1 Using resources in buildings Policy RD1 Providing suitable services Policy RD2 Developers’ obligations

5.4 Other Material Considerations

An Equalities Impact Assessment is not required because the proposed development is not considered to give rise to any differential impacts on those with protected characteristics.

6. Discussion 6.1 The main issues for consideration with regard this application is whether the

principle of development can be established for a dwellinghouse in this location, and whether it could reasonably accommodate the required degree of servicing. The design of the dwellinghouse is not known at this time and would only be assessed as part of any subsequent Matters Specified in Conditions application (if this were approved), or any new application for Full Planning Permission.

6.2 Dutch Barns are not of a universal style of construction therefore each

structure is assessed on its own merits as to whether it is substantive enough to constitute a building. In this instance, the expansive (and approximately 6-inch thick) concrete base with structural steels embedded through the floor has a degree of permanence that is not always found in structures that can sometimes be little more than large field shelters. This Dutch Barn is still largely complete and has been on the site in excess of 20 years according to aerial photographic records. In this particular instance, it is considered that the structure is substantive enough to be considered as a building.

6.3 Policy R2 allows for the replacement on the same site of an existing building

with a dwellinghouse. The existing building is clearly a part of the original farm complex, with the application site seemingly having been used as a storage area and yard prior to the erection of the existing Dutch Barn. This has been verified through aerial photography and historic maps. There does not appear to be an approved application for the erection of the Dutch Barn, however it is noted that the footprint is below 465m2 and it could likely have been erected as a Prior Notification at the time. A certificate of lawfulness could be pursued however, given the aerial photography verifies that the Dutch Barn has been there since at least 1999, and the current application seeks to demolish and

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replace this structure; a pragmatic approach would accept the presence of the existing building.

6.4 While this would appear to suggest that the proposal could be considered as

being an acceptable form of development under Policy R2, the proposed dwellinghouse would represent at least the 4th dwellinghouse approved under the current plan period within the site of the original farm complex. As such, the development cannot meet the definition of ‘small-scale development’ as identified in the glossary of the Aberdeenshire Local Development Plan 2017 which defines small-scale as no more than 3 dwellinghouses. Notwithstanding this, the other approvals for dwellinghouses (as listed in the site history) have effectively redeveloped and replaced all the old farm buildings within the original site.

6.5 The Dutch Barn is the last substantive remaining building within the vicinity.

Although not redundant for storage purposes, the building is not in keeping with the changing character of the wider site, with its contemporary housing in the near vicinity. The proposal could therefore be viewed as an opportunity to remediate the site and ‘complete’ the redevelopment of the former farm. Crucially the redevelopment would not involve the incorporation of any additional agricultural land into the proposed house plot, and it would present an opportunity to accommodate a sympathetic dwellinghouse into the landscape and thereby form a small rural residential community.

6.6 In summary, while the proposal cannot comply with Policy R2 due to

exceeding the allowable limit under ‘small-scale’ rural development on the same site, it is considered to be a reasonable proposition. In this instance, the merits of the proposal would justify departing from Policy R2 within this plan.

6.7 The layout, siting and design of the proposed property is not known at this

time due to the application being for Planning Permission in Principle. The indicative layout however does demonstrate that a property could be accommodated on the site, while providing adequate garden ground and having the space to accommodate the requisite degree of servicing. At this time, it is therefore considered that the proposal could accord with Policy P1.

6.8 The impact of the development on the landscape character cannot be fully

assessed at this time, again due to the layout, siting and design not being known at this time. It is identified however that the site is not a particularly visually sensitive site, and screening is provided from the existing tree belt to the east of the Dutch Barn. Its elevated position in relation to the dwellinghouses to the south would require careful consideration of the finished levels and scale of the dwellinghouse, but as this is within the curtilage of the farm complex, and in close proximity to other new dwellinghouses, a suitably designed property should be able to mitigate any impact. The proposal would therefore be expected to comply with Policy E2.

6.9 The site is located approximately 330m north-west of the Category ‘B’ Listed

Tangland Bridge, and the proposed access to the plot would cross this bridge. Notwithstanding this, the proposed demolition and replacement of the Dutch Barn would not have any impact on the setting of the bridge due to the separation distance and the intervening visual barriers looking north-west from the bridge (such as the new houses to the south of the site, the woodland belt and the property known as SIlverdene). The proposal would therefore fully accord with Policy HE1.

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6.10 The energy efficiency of the proposed dwellinghouse is not yet known,

however there is no reason to suspect that a newly constructed dwellinghouse would be unable to meet the energy efficiency and sustainability requirements of the Council. In order to ensure this, it is considered reasonable to apply a condition to any consent issued. This condition would require the applicant to submit detailed SAP calculations to the Planning Service, for its’ confirmation in writing of their acceptability, prior to the construction of the dwellinghouse. Subject to the addition of such a condition on the decision notice, it is considered that the proposal would fully accord with Policy C1.

6.11 The proposed dwellinghouse can be served by a private water supply that,

with appropriate filtration installed, would be potable. A condition can be applied to this effect to ensure that the proposed water supply would be in accordance with the Private Water Supplies (Scotland) Regulations 2006. The percolation test revealed that a sub-surface soakaway would be unsuitable for the site, however a package treatment plant was an appropriate alternative drainage solution. The site is large enough to accommodate such a system as well as any parking and turning area that would be required to service the plot. Roads have no objection to the proposal subject to the addition of conditions and informatives on any approval issued. In recognition of this, it is concluded that the proposal would meet the requirements of Policy RD1.

6.12 Developer Obligations have been agreed for the site, and these would be

secured prior to the issuing of any consent. Consequently, the proposal would also fully comply with Policy RD2.

6.13 In recognition of the matters discussed above, it is considered that the

proposed replacement of the Dutch Barn with a dwellinghouse is acceptable in this instance and represents an opportunity for the overall betterment of the original farm complex. It is therefore recommended for approval as a departure from the Aberdeenshire Local Development Plan 2017.

7. Area Implications 7.1 In the specific circumstances of this application there is no direct connection

with the currently specified objectives and identified actions of the Local Community Plan.

8. Implications and Risk 8.1 An Equalities Impact Assessment is not required because the proposed

development is not considered to give rise to any differential impacts on those with protected characteristics.

8.2 There are no staffing and financial implications. 8.3 There are no risks identified in respect of this matter in terms of the Corporate

and Directorate Risk Registers as the Committee is considering the application as the planning authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure.

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9. Sustainability Implications 9.1 No separate consideration of the current proposal’s degree of sustainability is

required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

10. Departures, Notifications and Referrals 10.1 Strategic Development Plan Departures

None 10.2 Local Development Plan Departures

Policy R2 Housing and employment development elsewhere in the countryside

10.3 The application is a Departure from the valid Aberdeenshire Local

Development Plan 2017 and has been advertised as such. Any representations received have been circulated as part of the agenda and taken into account in recommending a decision. The period for receiving representations has expired.

10.4 The application does not fall within any of the categories contained in the

Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and the application is not required to be notified to the Scottish Ministers prior to determination.

10.5 The application would not have to be referred to Infrastructure Services

Committee in the event of the Area Committee wishing to grant permission for the application.

11. Recommendation 11.1 GRANT Planning Permission in Principle subject to the following

conditions:-

01. Details of the specified matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). No work shall begin until the written approval of the authority has been given, and the development shall be carried out in accordance with that approval.

Specified matters:

(a) Full details of the layout and siting of the proposed development;

(b) Full details of the external appearance and finishing materials of the proposed development;

(c) Full details of all existing and proposed landscape features, including trees to be retained and planted;

(d) A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point;

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(e) Full details of the proposed means of disposal of foul and surface water from the development;

(f) Full details of the proposed means of access to the development, including the required visibility splays;

(g) Full details of the proposed car parking/vehicle turning area for the development.

Reason: Permission for the development has been granted in

principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

02. The development shall be served in accordance with the approved

drawings and the following details:

(a) The maximum gradient of the first 5m of the new access must not exceed 1 in 20.

(b) Prior to occupancy of development, Parking spaces, surfaced in hard standing materials shall be provided within the site in accordance with the Council's Car Parking Standards.

(c) Prior to occupancy of development, the existing private road access, measured from its junction with the public road, the U41B, northwards for a distance of 25m to be fully paved and 5.5m wide. Construction to be in accordance with Aberdeenshire Council's specifications.

(d) Prior to occupancy of development, two inter-visible passing places measuring 10.0m x 2.5m with 5m splays to be formed between the property named 'Silverdene' and the application site. Construction shall be to a standard appropriate to the location and must be agreed in advance with Roads Development.

(e) Prior to commencement of development, Visibility Splays, measuring 2.4m x 45m to be formed on either side of the junction of the vehicular access with the public road. The visibility splays so formed shall thereafter be kept free of all permanent obstructions above adjacent carriageway level.

(f) Prior to occupancy of development a refuse bin uplift store area shall be constructed (behind any visibility splay) so as to be accessible for bin uplift & shall be secure enough to prevent empty bins from being wind blown. Details must be submitted to Roads Development for approval.

Reason: In order to ensure that the development is served by an

appropriate standard of access and associated servicing in the interests of road safety.

03. That the proposed foul and surface water drainage system shall be

carried out in accordance with the approved Certificate for Proposed Foul Water Sub-Surface Soakaway by SAC Consulting (dated 05/09/13), and the dwellinghouse shall not be occupied unless the approved drainage system has been implemented in this form, unless otherwise agreed in writing with the Planning Authority. Following provision of the drainage system it shall thereafter be maintained by the developers or their successors in accordance with the approved maintenance scheme.

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Reason: In order to ensure that adequate drainage facilities are

provided, and maintained, in the interests of the amenity of the area. 04. Prior to the occupancy of the dwellinghouse, a filtration system shall

be installed in accordance with the recommendations included within the Type B Risk Assessment Report (dated 20/01/20). This system shall be retained into perpetuity.

Reason: To ensure the long term sustainability of the development

and the safety and welfare of the occupants and visitors to the site. 05. The dwellinghouse hereby approved shall not be erected unless an

Energy Statement has been submitted to and approved in writing by the planning authority. The Energy Statement shall include the following items:

a) Full details of the proposed energy efficiency measures

and/or renewable technologies to be incorporated into the development.

b) Calculations using the SAP or SBEM methods, which demonstrate that the reduction in carbon dioxide emissions rates for the development, arising from the measures proposed, will enable the development to comply with Policy C1 of the Aberdeenshire Local Development Plan 2017.

The development shall not be occupied unless it has been constructed in full accordance with the approved details in the Energy Statement. The carbon reduction measures shall be retained in place and fully operational thereafter.

Reason: To ensure this development complies with the on-site carbon

reductions required in Scottish Planning Policy and Policy C1 of the Aberdeenshire Local Development Plan 2017.

11.2 That the Committee agree the reason for departing from the

Aberdeenshire Local Development Plan 2017.

01. The proposed dwellinghouse would be a departure from Policy R2 Housing and employment development elsewhere in the countryside, as the dwellinghouse would result in the development of more than three dwellinghouses within the same site under the current plan period. Consequently, it cannot be considered as 'small-scale development' as defined in the glossary of the plan. Notwithstanding this, the proposed development would otherwise involve the demolition and replacement of a substantial Dutch Barn, and represent an opportunity to remediate the site in a manner that would better reflect the residential character of the former farm complex. The proposal is otherwise considered to comply with all other relevant policies contained within the Aberdeenshire Local Development Plan 2017.

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For noting:- Part 2C (Planning Delegations) states at Section C.3.2b for Local Development, that following consultation with the Chair and Vice-Chair of the determining Committee, the Head of Planning and Environment Service can refuse planning applications for which Section 75 Agreements are not completed or Developer Obligations are not paid within four months from the date of the Committee at which the application is determined. Local Ward Members shall be notified of any such refusal. Please note that this power may be exercised in respect of the application which is the subject of this report if the application is approved by the Committee. Stephen Archer Director of Infrastructure Services Author of Report: Rory Hume Report Date: 5 March 2020

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APP/2019/2704 Appendix 1

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APP/2019/2704 Appendix 2

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