(Attachment: 3)Item 2 - Dumfries and Galloway Council

2
NOTICE OF REVIEW
REFUSAL OF PLANNING
PERMISSION FOR ERECTION OF A
SINGLE STOREY
DWELLINGHOUSE, INSTALLATION
OF SEPTIC TANK AND FORMATION
OF VEHICULAR ACCESS
AT TORWOOD LODGE,
JOHNSFIELD, LOCKERBIE
PLANNING REFERENCE NUMBER
IO/P/4/0197
NOTICE OF REVIEW
REFUSAL OF PLANNING PERMISSION FOR ERECTION OF A SINGLE
STOREY DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK AND
FORMATION OF VEHICULAR ACCESS
AT TORWOOD LODGE, JOHNSFIELD, LOCKERBIE
PLANNING REFERENCE NUMBER IO/P/4/0197
List of Documents
1.
Applicant's Notice of Review (dated 18 August 2010) and supporting
documents (submitted by Mr John Payne, applicant)
2.
Report of Handling (copy of Delegated Committee List report sent to
members of the Annandale & Eskdale Area Committee on 23 June 2010)
[NB the report includes copies of the objections from 2 parties and
supporting statement by agent for the planning application]
-
3.
Observations of the Appointed Officer on the Applicant's Notice of
Review
4.
Observations received from Interested Parties
5.
Planning application form dated 29 April 2010
6.
Decision letter from Dumfries & Galloway Council dated 1 July 2010
7.
Refused plan date stamped 1 July 2010
Relevant extracts from the Dumfries & Galloway Structure Plan, the
8.
Annandale & Eskdale Local Plan, and Supplementary Planning Guidance No
3.1 Small Building Groups - Annandale & Eskdale (Dec 2008)
9.
Photos of application site and the locality
laApplicant's Notice of Review
(dated I 8 August 2010)
and supporting documents
(submitted by Mr John Payne, applicant)
2 Agent's Details (If form completed by agent)
Name ..................................................
.........
...............................
Tel ........................................
Email ...............................
0
0
Please tick the box if you wish all correspondence in connection with the review to be sent to your agent
Please tick the box if you wish all correspondence regarding your review t o be sent by e-rnail.
4 Application Details
Site Address
Date of Validation of Planning
Date of Decision by the Council
Reference Number of the
Planning permission in principle
Planning permission
(inc Iuding hOuseho Ide r a ppIicat io n)
c]Further application (developmentwhich has not yet comme
imposed; renewal of planning permission; modification, var
(Please tick one box
IL/I Refused under delegated powers by an appointed officer
I
0Granted subject to conditions, which you do not find acceptable
a
--.-
appointed officer
I
'uI-*v
Not determined by the planning authority within the prescribed period (normally 2 months)
tit
Dumfries m
1
& Galloway
7
Statement Setting Out Reasons for Review
You must state, in full, why you are seeking a review on your application. Your statement must set out all
matters you consider require to be taken into account in determining your review.
You will only be able t o raise additional matters where the review body request further written evidence
or where requested as part of the hearing session. These requirements are intended t o ensure fairness and
openess in that key items of information are provided efficiently a t the s t a r t of the review process rather
than varying points throughout the process.
State clearly and concisely in the box below the issues you wish the Local Reviw Body to consider. This can
be continued or provided in full in a separate document as necessary.
8
New Matters
Lshe
I- T ~-~ b t = . 3 i p >
X*illujfiE
-U -
Please tick box if you have raised any matters which were not before the appointed officer a t 7 3 2
time the determination on your application was made. If this i s the case you should explain in the
box below, why you are raising new material, why it was not raised with the appointed officer before
your application was determined and why you consider it should now be considered in the review.
/
9 Review Procedure (Please tick at least one box)
The Dumfries and Galloway Local Review Body is a committee of the planning authority comprising
at least 3 elected councillors drawn on a rota basis from a larger panel, but from outwith the Area
Committee covering the application site. The review will held be in public and consideration will be based
on the information available when the original decision was made
The Local Review Body will decide if it has sufficient information t o determine the review without further
representation or procedure on the day of the committee meeting. No representations will be heard a t
this meeting. The committee may decide to continue the case for further written submissions, a site visit,
a hearing session or a combination of these before reaching a decision. It i s expected that the majority of
cases will be determined with no further procedure. The planning adviser to the Local Review Body will be
independent of the planning application determination process t o ensure impartiality.
The Local Review Body may wish t o hold a pre-examination meeting, perhaps for a complex case where
there are a wide range of issues t o be examined and/or interested parties, to consider the manner in which
the review or any stage of the review is to be handled.
If a hearing session i s held, those entitled t o appear are expected t o provide an outline of the case they
intend to put forward. Any hearing will take the form of a discussion lead by the Local Review Body, which
will set out in writing the matters t o be considered a t the hearing. The Local Review Body can appoint an
assessor t o advise the committee on specialist or technical matters.
Please indicate what procedure or combination of procedures you think is most appropriate for handling
your review. You should note that the requested method of determination i s not binding on the Local
Review Body.
I wish the review to be dealt with:
xc
d
I.
On the basis of an assessment of the review documents only, with no further procedure
0 On the basis of further written submissions
2.
3.
I" Y O L i C
On the basis of one or more hearing sessions
c]By means of an inspection of the land which is subject of the review
4.
+-%%-4-
cc.i4
L
If you have ticked either box 2 or 3 above, please justify in the box below which matters you believe ought
t o be subject of that procedure, and why you consider further submissions or a hearing are necessary.
I
I
Site Inspection (If you have ticked box 4 above please complete boxes below as appropriate)
The Local Review Body may a t any time decide to make an inspection of the land subject of the review.
This may be unaccompanied or accompanied. Where accompanied, reasonable notice will be given t o the
applicant and any interested party.
0 The site can be clearly seen from a road or public land
The site can be accessed safely without barriers t o entry
If there are any reasons why you think the Local Review Body would be @ 7 2 7 5 F f i E ean
not present a t the appointed time.
...---
.
,
a
-
-.-
-
10 Supporting Documents Checklist
All documents, material and evidence you intend t o rely on must accompany your Notice of Review You
will only be able to submit additional documents, where the Local Review Body so request.
The following documents must either be enclosed or completed as part of the review form otherwise
your review will be delayed.
Please tick the appropriate boxes to confirm you have provided all supporting documents and evidence
relevant to your review:
Full completion of all parts of this form
Statement of your reasons for requiring a review
A copy of the application to the planning authority (including the certificate relating to notification
ers etc. which accompanied it) & (c.gl C+i %S.
iL
of
c
__
k * . i L Q16
>
23
4&CC&.
&T@W c7&w~G&iAQG
p;A*la; BEu$
63,f S - k ” ) r L
II drawings, documents and any other illustrative material which form the subject of this
M review
A (please
list these on a separate sheet)
[41
A copy of the planning authority‘s decision, if any
If the review relates to a further application e.g. renewal of planning permission or modification
variation or removal of a planning condition or where it relates t o an application for approval of
matters specified in conditions:
[3
A copy of the original application, approved plans and decision notice from the earlier consent
Note: A copy of the Notice of Review and any related documents will be made available for inspection a t
the area office that processed the planning application, until such time as the review is determined.
11 Declaration
I, the applicant*/-*
(delete as appropriate*) hereby serve notice on the planning authority t o
review the appiication as set out on this form and in the supporting documents
Signature:
Date:
/
f
3
&2i
0
12 Additional Advice and Guidance
This form and supporting documents should be lodged to:
Local Review Body Administration, Kirkbank, English Street, Dumfries, D G I 2HS
A review can be lodged by electronic communication e-mail: pe.nithsda/e.p/[email protected]
providing it is complete, including all supporting documents, legible in all material respects and
sufficiently permanent to be used for subsequent reference.
On receipt, your review will be checked for completeness and you will be advised whether or not it has
been found to be valid, and where the related documents can be inspected. Further notification will
follow when the date, time and venue for the meeting of the Local Review Body, to which your case
will be presented, is known and where the agenda papers can be inspected. Any third party or statutory
consultee who made and has not withdrawn representations will be given 14 days to make further
representations and you will be given 14 days to respond t o any additional matter raised by that person
or body.
The Local Review Body may uphold, reverse or vary a determination. The decision notice will include a
statement of the terms in which the planning authority decided the case reviewed and the reasons on
which the authority based that decision. Upon the outcome of the review, the applicant or a third party
could appeal to the Court of Session, but only on a point of law.
If a review relating to a non-determination is not conducted within 2 months, it is deemed t o have been
refused. In this case, you can appeal to Scottish Ministers.
2. Report of Handling
(copy of Delegated Committee List report
sent to members of the Annandale &
Eskdale Area Committee on 23 June 2010)
Steve Rogers - Operations Manager Planning Services
Kirkbank, English Street, Dumfries, DGI 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
& Galloway
Delegated Committee List Report
ERECTION OF A SINGLE STOREY DWELLINGHOUSE, INSTALLATION OF SEPTIC
TANK AND FORMATION OF VEHICULAR ACCESS
AT TORWOOD LODGE, JOHNSFIELD, LOCKERBIE
Application Type: Full Planning Permission
Applicant: Mr & Mrs John Payne
Ref. No.: 1O/P/4/0197
-
Proposed Decision Refuse
-
Ward Annandale North
-
Hierarchy Type (if applicable) Local
-
Case Officer Tanya Murray
I
BACKGROUND
1. I The subject site is located at Johnsfield roughly 1km to the west of Lockerbie across
the A74. Johnsfield is situated along the U337a road; a junction with Ministers Loaning (a
private road) which runs to the north is located opposite another small private road. The
settlement comprises a row of traditional cottages located to the south of the U337a and
to the west of the private road. A number of other dwellings are also located along the
U337a dose to the junction with Ministers Loaning.
1.2 The application site is located on the private road known as Ministers Loaning. There
are 3 no. 196Os/l97Os dwellings on the east side of the road. The subject site has been
formed by the subdivision of the garden of Torwood Lodge, a dwelling located on the west
side of Ministers Loaning and is the last dwelling on this stretch of road. The application
site is located to the south of Torwood Lodge, between it and the junction with the U337a.
The remainder of the land between the Lodge and the junction is in agricultural use.
1.3 Johnsfield is identified as a Small Building Group within Supplementary Planning
Guidance - No 3.1 Small Building Groups - Annandale & Eskdale. A number of sites were
identified as suitable for development within Johnsfield and have already been granted
permission. The subject site was not identified as suitable for development. Two number
dwellings located to the south and east of the settlement along the U337a have recently
been constructed.
1.4 The current application is for the erection of a single storey dwellinghouse, installation
of septic tank and formation of vehicular access. The subject site is rectangular in shape
with a road frontage of roughly 17m and is 22m in depth. The proposed dwelling is a
single storey cottage with a pitched roof. It is roughly 7.6m in depth and 12.6m in length
and is orientated to face the road. The front elevation comprises a front door and three
sets of double windows. The rear elevation comprises a rear door 2 sets of double
windows and 2 single windows. The north facing side elevation comprises a double
window. Two number chimneys are proposed at each end of the dwelling. The materials
proposed are natural slate, wet dash render finish and timber sash and case style
windows. Cement render marqins are proposed to all windows and doors. The proposed
access is located to the north of the subject site. The driveway extends to the rear of the
property and a turning area is also provided. It is proposed to retain the existing hedgerow
along the boundaries.
1.5 A previous application Ref: 06/P/4/0172 for outline planning permission for the
erection of a single storey dwellinghouse with garage and installation of septic tank and
soakaway at Torwood Lodge was refused on the grounds that it would be contrary to
Annandale & Eskdale Finalised Local Plan General Policy 16 as the application does not
conform with the Small Building Group's form and character or appearance due to its
remoteness from the main cluster of development at Johnsfield.
2
CONSULTATIONS
Principal Road Services Officer : No objection subject to conditions. Although concern is
expressed regarding the suitability of the junction with the U337. A proposed condition
requires the first 5m of the private road from the U337a to be surfaced with a bituminous
material.
Scottish Water: No objection
3 REPRESENTATIONS
(Copies of any letters received are attached)
Objection (2):
Karen E Millar & Bobby Smith, Treetops, Ministers Loaning, Johnsfield,
Lockerbie
Mr & Mrs R Macleod, Dunvegan, Ministers Loaning, Johnsfield, Lockerbie
3.1 Mr & Mrs Macleod, Dungevan, Ministers Loaning, Johnsfield:
a) Proposed property would overlook own property causing loss of privacy.
b) A previous application was previously refused because it was outwith the hamlet of
Johnsfield and therefore contrary to policy.
c) Loss of sunlight
d) Increase in traffic along a single track lane for which they have responsibility for
upkeep. This would also impact on the safety of those using the track including walkers
and cyclists.
e) Affect nature conservation i.e. red squirrels, birds, pheasants etc
3.2 Karen E Millar & Bobby Smith, Treetops, Ministers Loaning, Johnsfield:
a) The proposal is outwith the Small Building Group and has previously been refused.
b) Ministers Loaning is used by walkers and cyclists
c) More houses means more dogs and cats which could impact upon the Red Squirrels
which is on the Red List of British endangered species.
d) Own part of the road and are responsible for its upkeep. It needs constant care
especially after rain and frost.
e) The beech hedge that runs the length of the proposed front garden of the proposed
property may be partly destroyed.
REPORT
4
Relevant development plan policies:Dumfries & Galloway Structure Plan
036 Design of Development
D4 Housing in the Countryside
-
-
Annandale & Eskdale Local Plan
GPI Development Principle
GP2 Development Considerations
GP7 Siting & Design
GP15 Housing in the Countryside
GP16 Development within Identified Small
-
-
4.1 The proposal has been considered with regards to a number of Council policies in
particular GP16 for development within small building groups.
4.2 The previous application Ref 06/P/4/0172 was refused on the grounds that the
proposed dwellinghouse would be contrary to the Annandale & Eskdale Finalised Local
Plan General Policy 16 as the application does not conform with the Small Building
Group's form and character or appearance due its remoteness from the main cluster of
development at Johnsfield. In the interim period the Local Plan has been adopted and
policy GPI 6 remains in place.
4.3 The current proposal is for full planning permission for the erection of a single storey
dwelling, septic tank and formation of an access. Notwithstanding the previous refusal of
outline permission on the site, the proposal has been the subject of a fresh appraisal of
the scheme with regards to Council policies.
4.4 The relevant policy with regards to this proposal is GP16 for development within small
building groups. Supplementary Planning Guidance No 3.1 Small Building Groups Annandale & Eskdale Dec 2008 states that Johnsfield is a suitable small building group
and outlined 3 no. potential development sites within the settlement. Two number were
located on the U337a near the junction with Ministers Loaning, the third was located on
Ministers Loaning adjacent to another dwelling and near to the junction with the U337a.
However it was also noted in the guidance that the potential sites had all received
planning permission. No other sites were identified as being suitable for development.
4.5 The settlement of Johnsfield is centred on the U337a and the junction with Ministers
Loaning. The historic core of the settlement are the cottages to the south of the U337a.
There is development on the eastern side of Ministers Loaning however Torwood Lodge is
the only dwelling on the opposite side of the road and there is approximately 150m of
open countryside which is considered to contribute to the form, character and appearance
of the main Small Building Group. Siting of a dwelling adjacent to Torwood Lodge is
considered to be determined to these factors.
4.6 The proposal has been the subject of 2 no. representations from neighbouring
dwellings. These representations raise a number of issues of concern. Ministers Loaning
is a private road for which the residents have responsibility for its upkeep. The
representors were concerned at the implications of increased traffic along the road and
the impacts on the road quality however this is a private matter. The impact on nature
conservation and on red squirrels in the area was also raised, however is not
substantiated. One representor raised the issue of overlooking, however the proposed
dwelling would be roughly 23m distant to the representors dwelling which is considered a
sufficient distance to cause no loss of amenity to other dwellings. The representors both
mentioned that the site was the subject of a previous refusal. This is noted.
4.7 The applicants agent has submitted supporting information highlighting that a
40,000KV underground electricity supply runs along the boundary of the subject site and
continues along Ministers Loaning to the junction with the U337a thus rendering the land
between it and the junction unsuitable for development. It is therefore contended that the
subject site is the only potential development site along this stretch of road and the
Council cannot be concerned that the proposed development would create a precedent for
development along this stretch thus contributing to ribbon development and an increase in
the small building group size. The above information is noted, however, it does not change
the fact that the proposed site is remote from the core of the settlement and it will remain
as such if the adjacent land cannot be developed.
4.8 The design and materials proposed for the dwellinghouse are considered acceptable
and would be appropriate for this location. However, this would not overcome the principle
of the proposal that is at issue. There has been no change of policy in the intervening
years and there is no justification for a reinterpretation. It must therefore be concluded that
the erection of a dwellinghouse at this location is against Council policy GPI 6 with regards
to building within small building groups by virtue of its non-conformity with the building
groups form and character in that it is remote from the main cluster of development at
Johnsfield.
5
PROPOSED DECISION
5.1 Refuse on the following grounds:1.
The proposed dwellinghouse would be contrary to the Annandale &
Eskdale Local Plan 2006 General Policy 16 as the application does not
conform with the Small Building Group's form and character due to its
remoteness from the main cluster of development at Johnsfield.
Dunvegan
Ministers Loaning
Johnsfield
Lockerbie
DG11 1SS
20105110
Dear Ms Murray
PLANNING OBJECTION
APPLICATION NUMBER: 10/P/4/0197
We live adjacent to the pro
Dumfries & Galloway Coun
Mr & Mrs John Payne, Torw
Application Number:- 1O/P/4/0197.
r
Herein are our comments and objections relating to this planning application:
1.
The planned property will overlook our property: this will lead to a loss of
privacy and will certainly impact on the peaceful enjoyment of our home
and garden in the countryside which we have enjoyed for 34 years.
2.
An application for a dwelling house on this site has already been refused
because it was out with the Hamlet of Johnsfield as this was contrary to
local planning policies.
3.
The erection of this dwelling house would impact a loss of sunlight.
4.
This dwelling would result in an increase in traffic along an under
developed single track lane which we are responsible for the upkeep.
This will also have a negative impact on the present safety of this track
to ourselves and all the walkers and children on bikes which they use
this as it is a right of way for walkers etc.
5.
This will affect the nature conservation that we have. i.e, red squirrels,
birds, pheasants etc who are local wildlife to the area.
Our objections are, in our view, substantial and compelling and we would ask for
due consideration of these objections.
As a final point. It states in the notes at the Planning Department that it is
proposed to keep the present hedge which is 2 metres high. If there is any
possibility that the application will be approved then we would formally request
that the Council must make it a firm condition that any builder or indeed occupier
of said property is forbidden from either removing the hedge or reducing the
height of the hedge to below the 2 metre height as stated in the planning notes. A
failure to make this a firm condition of the proposal could mean a further loss of
privacy which would have a dramatic impact on us in this small and peaceful
cornmunity.
c
I
Treetops
Ministers Loaning
Johnsfield
Lockerbie
DGI? ISS
PLANNING BUILQING STANDARDS
i
I
2 7 MAY 2010
2w05/10
Dear Sir
APPLICATION NO: 10/9/4/00197
We would like to register our objection to the application for a house in the
garden of Mr & Mrs John Payne, Torwood Lodge, Johnsfield, Lockerbie.
We understand that this area is out with the Small Building Group and has
already been refused permission to build on these grounds.
This is a very environmentally friendly area and the small mad locally known as
Ministers Loaning is enjoyed by many walkers and cyclists coming to enjoy what
the countryside has to offer.
The area is also one of the strongholds of the Red Squirrels. An animal which is
on the Red List of British endangered species. More houses offen means more
dogs and cats and it is here that they can be very vulnerable, especially the
young ones. They also have little mad sense and are frequently killed by traffic.
At “Treetops” we own part of the road that runs the length of our property and we
are responsible for its upkeep. The road needs constant care especially after rain
and frost.
There is also a wonderful beech hedge which runs past the prope
difficult to foresee how much of it will be destroyed.
~
Karen E Millar & Bobby Smith
DEVELOPMENT ASSESSMENT
AT
TORWOOD JOHNSFIELD LOCKERBLE
MR AND MRS J PAYNE
Fig. 1 Front Elevation
Laurence T Wilson MSc MRTPI
Planning and Development Consultant
23 George Street
DUMFRIES DG14EA
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Contents
1.
Introduction
2.
Proposal
3.
Location
4.
Dumfries and Galloway Council Planning Policies
5.
Conclusions
APPENDICES
Appendix 1
Johnsfield settlement
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.
Introduction
1.1
The application site is %<thinthe settlement of Johnsficld. Lockerbic. The area of thc site will
accommodate a single storey dwelling of traditional appearance. It will be located at the south of the
applicants existing garden. The site is bounded on the east. west and south by a hvo metre beech
s
unless requested to do so
hedge. It is not intended bj the applicant to reduce the height of t h ~ hedge
by Dumfries and Galloway Council as Planning author it^ by planning condtion
1.2
The applicants subinitted an outline planning permission in 2006 for a dwelling whch was refused on
the grounds that the development &d not conforni to Annandale and Eskdale Finalised Local Plan
General Policj 16. The applicants were understandably unaware of the issues surrounding a ‘small
bmllng group’. They had a only a brief discussion 131th case officer when visiting the site to consider
their planning application. They were, and continue to rightly believe that their dwelling and garden
forms part of the settlement of Johnsfield. It is perhaps one of the oldest dwellings in the
settlement of Johnsfield.
1.3
Johnsfield is identified as a settlement in the recent Small Buildmg Group Review. T h s application
on the ‘south’ side of the applicants existing dwelling is therefore internal to the buillng group
and forms part of the settlement of Johnsfield along with the applicants dwelling. It will offer no
detriment to the area nor the adjoining dwellings.
2.
Proposal
2.1
The applicants dwelling is single storey in height. It will have a slate clad roo€and sash and case
windows painted white. The external render will be a wet dash finish. As mentioned earlier in
para. 1.2 the appearance is similar to an estate cottage. It is considered that this is an improvement in
appearance and style of dwellings along the access road to the site Kith the perhaps exception of the
dwellings at the bottom of the access facing the public road to Lockerbie. Thej have a similar more
rural appearance as the applicants proposal, they too are considered more acceptable rural design.
2.2
Two houses to the east of Johnsfield Iocated on the public road towards Lockerbie are nearing
occupancy standards. They are exceptionally urban in design. Their appearance suggests that as they
are almost completed for occupation. The applicants open up the opportuniQ-for a further small
dewelling of rural appearance more appropriate in appearance and size at this location.
2.3
General Policy 16 of the Amandale and Eskdale Local Plan 2006 indicates that any development
coming under this Policy must conform with or enhance the building group’s existing form, character
and appearance. In comparison with the dwellings identified in the previous paragraph 2.2. the
applicants meets this requirement in a considerably more appropriate manner. It is dfFicult to
comprehend how these two dwellings of urban appearance meet the policy requirement to enhance the
existing form and character and appearance of the group however in comparison with the application
proposal. In the applicants instance there is no record of the case officer suggesting or requesting
from the applicants the type of house design and appearance they had in mind. Simply that their
proposal did not conform with General Policy 16. It is clear that this application proposal conforms
with and enhances the building group’s existing form. character and appearance.
2.4
Regarding General Policy 7 of the Annandale and Eskdale Local Plan 2006 it requests that a
development retains important physical features. It is the applicants intention to retain the two metre
hgh beech hedge around the site. It contributes to the charaeter of the area and is a rather unique
feature of the site. The proposal being located within the applicants garden area and behmd a high
hedge indcates clearly that it will have no material adverse effect on the local landscape character of
this area.
I
I
I
I
I
I
1
i
I
I
I
I
I
I
I
I
I
I
I
I
Page '3
25
The proposal nil1 complies with General P o h q 9 in that the proposal 1s sinipl! mall scale ~nfili
The applicants have been rebred for some tmle and then garden IS becomlng to large to manage This
proposal is a wa3 in which they can continue to reslde at this locahon and enjoy the m a l area of
Johnsfield. jet in a fem nxnutes br, car the) can shop in tockerbre
Photo 1
The applicants beech hedge -the dwelling will sit b e h d the hedge to the right of photo
Photo.2
Nearbv dwellmg houses recent11 approved p l m n g pemssion on the 'outslurts' of
Johnsfield settlement of a more urban design out of scale with the settlement
I
I
I
I
I
I
Page 3
3.
Location
3.1
The site location is unobtrusive. located behind a large beech hedge. It is within the settlement and
will enhance the character of the settlement, It will set a standard of design that is appropriate for
this rural settlement. As the settlement is a short distance from Lockerbie and for that reason it is
appropriate to encourage growth.
3.2
The applicants have iixhcated that there is an underground 40h. electricic supply around tlieir site
and then following the access to the public road. This would explain the lack of infill development
on the north side of the access road to Tonvood and the predominant developnient on the south of the
access road. This however would not preclude development in the applicants garden.
a
I
I
I
I
I
I
I
I
I
I
I
Fig 3
Appearance of applicants proposed dwelbnghouse
4.
Dumfries and Galloway Council Planning Policies
4.1
General Policy 16 of the Annandale and Eskdale Local Plan 2006 indicates that any development
falling under this policy niust 'conform with or enhance the buildmg group's existing form. character
and appearance'. In comparison with the dwellings identified in the previous paragraph 2.2. the
applicants proposal meets this requirement in a considerably more appropriate manner. There is no
record of the case officer requesting from the applicants the type of house design or appearance they
had in mind. simply that their proposal did not conform with General Policy 16. It is clear from this
current application under considerationthat as the application site is within the settlement, it cannot
be contrary to Council Policy D4. It has therefore been displayed that the application proposal
conforms with and enhances the building group's existing form, character and appearance in
accordance with policy. .
3.2
Regarding General Policy 7 of the Annandale and Eskdale Local Plan 2006, it requests that any
development retains important physical features. It is the applicants intention to retain the two metre
h g h beech hedge around the site. It contributes to the character of the area and is a rather unique
feature of the site. The proposal being located withm the applicants garden area and behind a high
hedge indicates clearly that it will have no material adverse effect on the local landscape character of
this area. (Photo 8)
4.3
It is therefore clear that the applicants proposed dwelling can be said without question, is appropriate
and meets both of the ab0\7e policies. It is also a fact that it is one of the oldest dwellings in Johnsfield
Settlement. The applicants case is sustainable supporting their application.
I
I
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Page 4
5.
Conclusions
5 1
It has been shown without question that the applicants dwelling is part of Johnsfield. It is
believed by the applicants to be one of the original dwellings in fhe settlement. ( Fig.4) It is clearly
shonn at this location as part of the settlement. Its design and construction certainly suggests this to
be so. It is therefore for no obvious reason that the applicants existing dwelling is not part of the
original settlement.
5.2
Every application is judged on its own individual merits. As the application site has been shown in
keeping with the Local Plan and the Structure Plan together, the proposal should therefore be
acceptable. This is particularly so, now that it is a detailed application. The appearance of the
application proposal meets the policy requirements and its design and appearance can be said to be
potentially more in keeping with the vernacular @-le of dwellings in Johnsfield.
5.3
The proposal is also more appropriate in appearance and in accord with council policies than with
the few houses that have recently been approved. This displays that the proposal has no effect
whatever on the character and appearance of the area and will in fact enhanee the settlement. It is
believed that the appearance of the dwelling is substantially more appropriate than others approved in
t h s area. and is certainly not remote from the settlement . The applicant is therefore considered
appropriate at this location.
APPENDIX 1
I
I
I
I
Photo 3
Southerh viex facing Johnstown of the applicants garden The application
site is behnd the timber fencing in the background Note the modem designed
duellm&ouse on the access roadway
Photo 4
One of two access points to applicants dwellinghouse
I
I
I
I
I
1
I
I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
I
I
Ph0t0.5 Existing housing adjacent to Tomood Lodge approved by the council in the foreground along with other housmg
on the main public road in the background
Photo. 6
Area to the front of Torwood Lodge with underground 4 4 , O O O h electricity supply (see application Block Plan)
The access road to Tonvmd Lodge left ofphoto. Existing housing out of shot shown in Photo 5 above.
I
I
I
I
I
I
I
I
t
I
I
I
I
I
I
I
I
I
I
I
Photo 7
Photo 8
Recent11 constructed to %hi& is claimed to conform nith, or enhance, the building group s existing fomL
character and appearance a i t l l n Johtisfield settlement and accord mith the provisions of General Polic\ 1od
iScttlemcn1 :I? photo 10 i
The approach access road to the applicants dwelling ‘TorwoodLodge. The application site is behlnd the beeck
hedge on the nght ofphoto It is intended that the hedge w l i remain
I
I
f
I
I
I
I
I
I
I
I
I
Phot0.9
The approach access road to the applicants dwelling ‘Tonvood Lodge’.
Photo 10 Western approach to Johnsfield with traditional nrral buildings on both sided ofthe road.
I
I
I
I
I
I
I
I
I
I
I
I
Fig.4
Johnsfield is a ‘T’ shaped settlement as shown on the above map (Fig. 4) Tonvood Lodge is clearly
an onginai buildmg in the settlement. A number of dwellings are not shown withln the settlement on the plan
Photo. 11 The photo shows the northern leg of Johnsfield. The applicants house is on the left of the photo.
I
I
I
I
I
I
t
I
I
I
Photo 12
A near completion dwelllnghouse approved bv Dumfhes and Galloma\ Council 111 2008 Can this be said
to conform w t h , or enhance, the building group's existmg form, character and appearance nitnin
Johnsfield settlement and accord with the provisions of General Pulic> 15 a) {Settlement evlsting house
types m photo 10) It also meet the cntena of General Policy 7 Sitmg and Design - to the character
appearance, SCALE, densit), MASSING and matenals of the buildmg . group of buildings or adjacent
area of which it forms part
3. Observations of the Appointed Officer
on the Applicant's Notice of Review
J
NOTICE OF REVIEW
REFUSAL OF PLANNING PERMISSION FOR THE ERECTION OF A
SINGLE STOREY DWELLINGHOUSE, INSTALLATION OF SEPTIC TANK
AND FORMATION OF ACCESS
AT TORWOOD LODGE, JOHNSFIELD, LOCKERBIE
PLANNING REFERENCE NUMBER IO/P/4/0197
Observations of the Appointed Officer on the Applicant’s Notice of Review
1. Johnsfield is designated as a Small Building Group under Supplementary
Planning Guidance No 3. I Small Building Groups - Annandale 8, Eskdale.
However, all land falling within the mapped area of a building group is not
automatically deemed as suitable for housing. Rather, the maps show an
area in which a building group is located and potential sites for housing are
specifically identified with a diamond symbol. A number of such sites were
identified around the crossroads at Johnsfield. The guidance states that
where sites come forward which have not been specifically identified it will be
up to the applicant to demonstrate that their proposal accords with Annandale
& Eskdale Local Plan General Policy 16.
2. It was determined that the proposal did not comply with General Policy
16 in that the development did not conform with or enhance the building
group’s existing form, character and appearance. It was considered that the
proposed development was remote from the main settlement of Johnsfield,
considered to be located around the crossroads. The proposed development
site is situated roughly 150m from the junction with the U337a. A previous
application (06/P/4/0172) for outline planning permission for the erection of a
single storey dwellinghouse with garage and installation of septic tank and
soakaway was previously refused by the Annandale & Eskdale Area
Committee on the same grounds. The potential development sites identified
under the supplementary guidance were located along the main road and
close to the crossroads.
3. The applicant mentioned that a number of dwellings have recently been
constructed in Johnsfield. These include 2 dwellinghouses to the south of the
U337a located where a potential development site was identified under the
supplementary guidance and were therefore considered to accord with
General Policy 16. The history of these sites is as follows:Plot I - The dwellinghouse at Plot 1 was originally granted outline planning
permission (OO/P/4/0412) by the Annandale & Eskdale Area Committee in
October 2001, then an application for renewal of this permission
(06/P/4/0496) was also approved by the same Committee in January 2007.
An application for the approval of reserved matters for the dwellinghouse
(07/P/4/0616) was granted under delegated powers in October 2008.
Plot 2 - An application for outline planning permission for Plot 2 (OO/P/4/0413)
was refused by the Annandale & Eskdale Area Committee in October 2001,
but a further outline planning application (06/P/4/0495) was subsequently
granted (contrary to officer recommendation) by the Planning & Environment
Committee in January 2007. A subsequent reserved matters application for
this dwellinghouse (08/P/4/0176) was then approved under delegated powers
in October 2008.
Plot 3 - Outline planning permission for a dwellinghouse on Plot 3
(OO/P/4/0414) was refused by the Annandale & Eskdale Area Committee in
October 2001.
Another dwellinghouse was granted full planning permission (07/P/4/0439) to
the north of the U337a, adjacent to West Beckton. This site was also
identified as a potential development site in the supplementary guidance.
4. It was therefore determined that since the proposed site was not
identified as a potential development site under the supplementary guidance,
and as it was considered remote from the main nucleus of development at
Johnsfield, being located roughly 150m from the junction with the U337a, the
proposed dwelling would not conform or enhance the building group’s existing
form, character and appearance.
Michael Anderson
Area Planning Manager (Annandale & Eskdale)
4. Observations received from
Interested Parties
Dunvegan
Ministers Loaning
Johnsfield
Lockerbie
DGll 1SS
8~ September 20 10
Dear Sir/Madam
Notice of Review at Tonvood Lodge. Johnsfield. Lockerbie
Reference: 1O/P/4/0I 97 - LRB 10/2010
We would like to confirm that our previous objection letter of 25/05/10 is still valid and
the points mentioned still withstand.
This Planning Application has been refused twice previously. The first refusal was in
2006 and the second in 2010 on the basis that the proposed site is OUTSIDE the Small
Building Group.
The regulations covering this have not altered in the last few years, so we can see no
reason why the latest refusal can be altered or over ruled.
Yours faithfully
Mr & Mrs R Macleod
~~~~
& ENVIRONMENT 2k A'$
DIRECTORATE
'
--
i
Treetops
Ministers Loaning
Johnsfield
Lockerbie
DGl1 1SS
8'h September 20 10
Dear Sir / Madam
Notice of Review at Torwood Lodge. Johnsfield. Lockerbie
Reference: 1 OP/4/0 197 - LRE3 1012010
Further to our letter of May 201 0 - Ref: Planning Application - I 0@/4/0197.
I have lived all my life locally and have always understood that the Hamlet of Johnsfield
is the houses that are adjacent to the road that runs between Beckton Farm and
Dryfesdalegate Farm. Those of us that live up the Ministers Loaning are in the area called
Torwood and have no connection with Johnsfield even though it is shown on our postal
address. (I have enclosed a copy of a map showing this.)
I have been involved in farming and wildlife all my life and created the Applegarth
Wildlife Sanctuary which this year reached the hallmark of 10,000 nestling Sand Martins
being ringed and consider the Torwood area to be an environmentally sensitive one.
Yours faithfully
Mrs K Miller& Mr R Smith
5. Planning application form
dated 29 April 2010
General Planning Application
Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006
(Please refer to accompanying Notes for Guidance when completing this application)
1 lNve Apply to the Planning Authority for :
Please tick relevant box
For official us
Ref.
Planning Permission
Planning Permission in Principle
0 NO
0
0
Bw. Ref
(If yes, please state who you received the advice from and how the advice was given)
Rec no
.......................................................................................................................................
Chq no
.....
....................................
\7%2‘
J 3- $q rf
...................................
Q@cxpA%M&\
Fee paid
......
Taken by
......
Yes
Has there been any pre-application advice?
Please tick the box if the applicant or any owner of the site is a member
of staff within the planning service or an Elected Member of Dumfries and
Galloway Council, or is a partnerlciose friendlrelative of either
2 Applicant‘s Details
&fl
p-SbICG &:.Jt-i &L &q@cl
E,
Name ................................................................................
3 Agent‘s Details (If form completed by agent)
yx
4
Address .
0
Date rec
9
. ~ ~ . ~ ~ ~ ............................
. ~ ~ . . ~ . . . ~ ~ ~ ~ ~ ~ ~ . ~
...............4G.Hh%..Et.S:L.b........................................
..
...................
.................
?%.@ostcode .
...............
\ \ is3
....................................... .E+Postcode .RA
.!.. ..!EA....
Tel ........................................
Email .................................
Tel .Q..!?%?.T::z&%&D. Email . ~ . ~ ~ . ~ - ~ !
b:
.) *%
4 Description Of the Proposal (This should accuratelyreflect
t-
the nature of the development and if this is retrospective)
.......~ ~ . ~ ~ . ~ . . ~ ~ ~ . ~ ~ . ~ . ~ ~ . ~ ~ . ~ ....kGG*.5
. ~ . . . ~
.*
&
2
z
$
T
b
3
@
.
6
*-$to
Q
+
;
a
fg&.f=.-&-i
’T@@
ALb
;
\
t
q
*e(
L>c
p
=
f
&
*
.
<
?
t
q
~&&q+!
............................................................................................................................................
%....................................
.
Site
Address (Include postcode and OS grid reference if known)
‘ ,a
.Le5 L.-Li?.!.......:AL*.kk..?.?.E.LD
......k%.+?e%!.&..::.......................................................
...............................................
t-34 ize th
+
f
2:
.
d
5 Application Involving a Change of Use of Land or Buildings
State present use(s)
%&...[&%.6.!??.....................
Q&&&K’ 7 ” ifrc*k,
State proposed use(s)..........................................................
(If vacant site, state last known use and date ceased t o be so used, if known)
6 Temporary Permission (If applicable)
“/
If permission i s required for a limited period only, state extent of that period ................................................................
*-Reference number ..............................................
and expiry date
,”””
.......................................
of any previous permission
7 Planning History (If yes, provide details of any previous planning application, i f known)
Yes
No
Don‘t know
d
0
8 Proposed Site Area of Development / Propos
Hectares or Square Metres ....d m . s L W .
(If commercial or industrial development, specify ma
& Galloway
9
Demolition
Yes
Are any buildings or structures on site t o be demolished?
0
No
(If yes, clearly identify these on the site plan)
10
External Construction Materials and Boundary Treatment (If building operations proposed)
Roof covering (Including colour) .................................................................... A.%.%??
.....: ......... ....................................
t3Y-y
.A
..........
? ?1........................
External walls (Including finish and colour) ...................................................
Windows (Including colour and type of movement e.g. sash and case) .......~
~
~
~
.
~ ...............
.
~
~
I ."
,
Boundary walls or fences (Including height) ..................................................
!%.!.E&%.: ..... . . . ~ ~ ~ ' f - f . . . ~ ~ ~ ~ . ~ . ~ a ,
- = % s e -
&
'
'
C&T*
11
Listing
Is the property a listed building?
yes
0
Are the premises used or intended t o be used for the sale or consumption of alcohol? Yes
c]
,LTrXZ
No
(If yes, you may also need to apply for Listed Building Consent)
12
Licensed Premises
(If yes, application will require to be advertised by Council a t the applicant's expense)
13
Commercial or Industrial Proposal
Weekday
What are the intended hours of operation?
Estimate vehicle type and movements per day
Number of employees (Full time equivalent)
14
Finish
Additional
Existing
Access and Parking Arrangements (If applicable)
Is a new or altered vehicular access proposed t o or from a public road?
yes
NO
Are you proposing any changes t o pedestrian routes through the site?
Yes
No
Number of on-site parking spaces
(Inchding for persons with disabilities)
15
Sun.
Sat.
Start
Existing
I
]
Additional I
?]
\
Water Supply and Drainage Arrangements (If applicable)
Is it intended t o connect t o a public water main?
Yes
Is it intended t o connect wastewater drainage t o a public sewer?
Yes
(If no, please specify source of any private supply) ...........................................................................
&jWLC<\
mc
No
No
If you propose to install a private sewage plant, please
specify type of outfall and any additional treatment
(If i t is proposed to construct a new septic tank and fina
to be accompanied by a percolation test result in acc
Is it intended t o make provision for sustainable
(e.g. SUDS arrangements) (If yes, submit full detai
16
Trees
Are there any trees on or adjacent to the appli
(If yes, show on site plan tree positions, any trees to
17 Waste Management
Do the proposals incorporate areas for refuse storageke
(If yes, illustrate on plans)
18
Contaminated Land
Is the site potentially contaminated because of its existing or past use?
Yes
0
(If yes, please submit a site investigation report and if necessary a scheme to deal with contamination)
No
0
19
Flooding
Is the site within an area a t risk of flooding?
(If yes, and risk is significant please submit a Flood Risk Assessment and if need be seek advice from SEPA)
20
Hazardous Materials
Is the use, storage or manufacture of hazardous materials involved?
Yes
C]
yes
c]
NO
Q
(If yes, please provide details of materials and quantities in a covering letter or statement)
21
Functional Need or Special Circumstances
Is there a claim of functional need or special circumstances?
No
E''
(If yes, provide details in a covering letter or statement)
Owners and Agricultural Tenants Certificate (The word 'land' includes any buildings thereon)
Please tick relevant box
Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008
I hereby certify that:
(a) 21 days preceeding the date of this planning application, no person (other than the applicant) was
an owner or an agricultural tenant of any of the land t o which this application relates.
U
(b) Notice has been served on every person (other than the applicant) who, 21 days before the date of this
planning application, was the owner or an agricultural tenant of the of land to which this application relates.
These persons are:
Name of Owner
Address
Date Notified
(c) There are other owners and/or agricultural tenants
such person. (You must certify the steps taken to ascertain
Declaration (This must be signed and dated)
3
I canfinn that the informationI have given on this form i
I understand that anyone who know
fine of up to f 1,000.
a
t
l i a b l e m v i c t i o n , to a
Signature of applicant or agent:
Sqg-4 2
- a
Data Protection Act 1998
The information provided by you and other relevant parties will be used for processing and determining your planning application and t o confirm
and update the Council's records held for this purpose. Your application will be processed by employees of Dumfries and Galloway Council. Details
provided will be recorded in the planning register and will be available for public inspection and may be published on the Council's website w.
dumgal.gov.uk or shared with other appropriate professionals or service providers.
-
Checklist The following is enclosed
Application form, including owners
and agricultural tenants certificate,
signed and dated
d
Please tick relevant boxes
Application fee (If required)
z-
*
*
N.B. (Charge for publication of a notice may also be required)
5 sets of the necessary plans and drawings
Pre-application consultation report
U
ICNIRP declaration
0
(One set will be used for displaypurposes)
Design statement or design and access
statement (If required)
f..&iL\
..... ....i"Q
...... [?/
0
(Electronic communication apparatus only)
6. Decision letter from
Dumfries & Galloway Council
dated 1 July 2010
Your Ref:
LTW/ACW/JP/I
Our Ref:
1O/P/4/0197
01 July 2010
Mr Laurence T Wilson
25 George Street
Dumfries
DGI IEA
__
Planning and Environment Services
Development Management
Dryfe Road
Lockerbie
D G l l 2AS
Any enquiries please contact
Tanya Murray
Direct Dial - 01576 205006
Fax
-01576204455
E-mail - [email protected]
Website - www.dumgal.gov.uk/planning
Dear Mr Wilson
Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc.
(Scotland) Act 2006
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2008
ERECTION OF A SINGLE STOREY DWELLINGHOUSE, INSTALLATION OF SEPTIC
TANK AND FORMATION OF VEHICULAR ACCESS
AT TORWOOD LODGE, JOHNSFIELD, LOCKERBIE
I enclose formal notice of refusal for the above which incorporates the decision of the
Council as planning authority.
A leaflet is also enclosed which sets out your rights of appeal or review, as appropriate.
Please read this carefully.
Should you have any queries, please contact Tanya Murray at the office above.
Yours sincerely
0perations Manager PIanning Services
Dumfries
& Galloway
Planning and Environment Services
Steve Rogers
Operations Manager Planning Services
REFUSAL OF PLANNING PERMISSION
Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc.
(Scotland) Act 2006
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2008
To: Mr Laurence T Wilson
25 George Street
Dumfries
DGI I E A
Dumfries & Galloway Council, having considered the application dated 29/04/2010,
reference 1O/P/4/0197, hereby refuses Planning Permission
for:
Description: ERECTION OF A SINGLE STOREY DWELLINGHOUSE, INSTALLATION
OF SEPTIC TANK AND FORMATION OF VEHICULAR ACCESS
Location:
TORWOOD LODGE, JOHNSFIELD, LOCKERBIE
for the following reasons:-
1.
The proposed dwellinghouse would be contrary to the Annandale &
Eskdale Local Plan 2006 General Policy 16 as the application does not
conform with the Small Building Group's form and character due to its
remoteness from the main cluster of development at Johnsfield.
Signed .....
Steve Rogers
Operations Manager Planning Services
on behalf of the Council
....................................
Dated: 01/07/2010
1O/P/4/0 I97
Hierarctiv Type:
Decision Level:
Local
Delegated (Committee List)
Relevant Drawinq Numbers:
Location Plan
Site Plan 0009-1O/PL/002
Block Plan 0009-1O/PL/003
Dwelling as Proposed 0009-1O/P004
7. Refused plan date stamped
IJuly 2010
Ordnance
Survey"
OS Sitemap@
w
A
N
k?
Y
582634m
582600m
582600m
582500m
I
582434m
A
.
w
w
A
2
Y
N
a
1
9
Produced 04.05.2010 from the Ordnance Survey National
Geographic Database and incorporating surveyed revision
available at this date. 0 Crown Copyright 2010.
Reproduction in whole or part is prohibited without the
prior permission of Ordnance Survey.
Metres
Ordnance Survey, the OS Symbol and OS Sitemap are
registered trademarks of Ordnance Survey, the national
mapping agency of Great Britain.
The representation of a road, track or path is no
evidence of a right of way.
The representation of features as lines is no evidence
of a property boundary.
Part or all of this OS Sitemap is enlarged from mapping
produced at one or more of the following scales: 1:1250,
1:2500, 1:10000.
I
I
Supplied by Dumfries and
Serial number 00019200
Centre coordinates 312265 25
Further information can be found on the
OS Sitemap Information leaflet or the
Ordnance Survey web site
www ordnancesurvey CO uk
-c)(,'(F-qs
-
-
\
8. Relevant extracts from
the Dumfries & Galloway Structure Plan,
the Annandale & Eskdale Local Plan, and
Supplementary Planning Guidance No 3.1
Small Building Groups Annandale & Eskdale (Dec 2008)
D u m f r i e s
a n d
G a l l o w a y
Housing in the Countryside
Proposals for new housing development in the countryside must meet one or more of
the following requirements:1. the change of use and alteration of traditionally built agricultural or other
buildings to a dwelling house without substantial rebuilding or extension of the
original building;
2. the replacement of a habitable dwelling house by a new house within the same
curtilage unless this would result in the loss of a significant traditional building;
3. it forms part of an existing building group identified in a Local Plan as being
suitable for limited small scale housing development;
4. it is within an area which has been identified in a Local Plan as suffering long term
depopulation, is remote from other settlements and would not adversely affect
natural heritage designations; or
5. the house can be shown to be essential at that location for the needs of agriculture
or other uses requiring an appropriate rural location in the countryside which
cannot be satisfied by points 1 to 4 above.
Proposals for new houses must take into account design, siting, landscape setting,
access, site servicing and the natural and built heritage. These matters will be the
subject of further policy guidance in Local Plans.
3.12 The maintenance of local communities and services is a core aim of the Plan.
The location of housing development in towns and villages rather than the countryside
can reduce community development costs by using existing service provision, support
essential facilities and reduce travel and transport costs, thereby contributing to
sustainable development. Towns and villages can meet most of the anticipated
requirement for housing development but, there will continue to be a demand for
housing in the countryside to support dispersed rural communities. The policy therefore
provides for and supports limited small scale housing development at appropriate
locations in the countryside.
3.13
The Council has always encouraged the renovation andlor conversion of
traditionally built properties for housing since this can make a positive contribution to
the countryside if the work is undertaken in a sympathetic manner and continues to
preserve the area's heritage of traditional buildings. A building survey will normally be
required to confirm that the property is capable of being renovated without requiring
extensive rebuilding. Any extensions to the building should be limited in size to avoid
dominating and adversely affecting the appearance and character of rhe original
building.
3.14 There may be a limited number of cases where it is proposed to replace a
dwellinghouse. Such proposals will be considered favourably unless it would involve the
loss of a significant traditional building where the Council would prefer to see the option
of renovation and the addition of a suitable extension pursued. The replacement of non
residential buildings 'or uninhabitable dwellings by a new house will not normally be
permitted. In all cases any replacement dwellinghouse should be sited within the
curtilage of the original building.
24
*
H O U S I N G
S t r u c t u r e
P l a n
3.15 In many rural areas there are sell established small groups of houses which are
too small to be considered a village and which inay nor support even basic facilities
These locations provide opportunities for limited housing development (one to WO
houses). Local Plans will identify such building groups, and provide guidance about
siting and design of development. It is important that development of such sites is
carefully monitored to ensure that this does nor divert development away from towns
and villages.
3.16 In rural areas where long-term depopulation has occurred and which are remote
from towns and villages and where there are limited opportunities in terms of small
building groups it will be appropriate for Local Plans to explore opportunities to relax
the policy guidance further where this would support rural communities and assist in the
regeneration of areas.
3.1'
There will continue to be a demand for new housing in connection with
occupations such as farming and the management of holiday accommodation. The
house proposed should be linked with an enterprise or activity with realistic prospects of
viability and success and be of a scale to contribute materially to the economic well being
of the rural area. Any proposal should demonstrate a clear need for housing at that
location which cannot be provided in a nearby settlement or in relation to one of the
other housing in the countryside opportunities identified In such cases a Section 75
Agreement or occupancy condition will be applied.
3.18 NPPG 3 and PAN 36 indicate that design, siting, materials used, access and
impact on the environment are important considerations when assessing development
proposals for housing in the countryside. h4ore detailed policies will be contained in
Local Plans to take into account local circumstances.
Local Plans will define the requirement for affordable housing taking into account the
Local Housing Needs Assessment and the Council's Housing Plan.
Pending completion of Local Plans the Council when considering planning
applications for housing will consider the need to negotiate with the developer some
provision for low cost housing as part of the proposal taking into account the size of
the site and existing or planned provision of affordable housing in the locality.
3.19 The operation of the housing market may be unable to meet some important
housing needs such as affordable housing. In Dumfries and Galloway, between 19911995 household incomes per head as a percentage of the UK continued to lag behind
the average for Scotland and the UK. During the same period the average price of a
house In Dumfries and Galloway has fluctuated as shown in Table D2.
Table D3: Average Prices of Houses in Dumfries and Galloway (1990-1995)
1990
1991
1992
1993
1994
1995
3.20 People earning average or below average incomes may be unable to purchase a
house on the open market. To meet the requirement for affordable housing there has
been a rise in shared ownership housing developments, which are a combination of part
rent, part mortgage. The planning system can play a part in helping to maintain a supply
H O U S I N G
25
D u m f r i e s
a n d
G a l l o w a y
DEVELOPMENT CONTROL
PRINCIPLES The qual29 of the buzlt environment Dumfries and
tn
GLZLLOLL~LZJ
not only contributes signz$cant(y to the qualiq o f l$e of localpeople, but can also
assist the local economy by attracting visitors and investment.
The Council expects development proposals to take into account:-
1. siting, scale, form, massing and layout in relation to townscape and landscape setting:
2. local building styles; and
3 . the access needs of all groups.
Further policy guidance on the siting and design of development will be provided in
Local Plans.
3.80 The importance of design in development and the need to take into account
matters such as siting and access to del-elopment is recognised in a number of NPPG’s
and PAN’S indicating strong support for the consideration of these matters as an integral
part of the preparation of development proposals.
The Council will provide design guidance and advice for developers and the public to
improve the quality of development proposals, subject to resources being available.
3.81
The Council has produced guidance on the maintenance, alteration and new use
of old buildings in its document Caring for the Built Environment. The Council
recognises that there are gaps in the provision of design guidance and advice in relation
to a number of topic areas, which can be dealt with through the preparation of leaflets,
brochures and the inclusion of appropriate guidance on design matters in Local Plans.
Contributions from developers will be sought for the provision of infrastructure,
community facilities and environmental amenity related to appropriate development.
These will accord with the policy and general principles set out in Scottish Office
Circular 12/1996. Local Plans will identify sites where developer contributions will be
sought to enable deficiencies in infrastructure or other facilities to be overcome.
3.82 The consequences of limited public sector funds for both infrastructure and
construction is to place increased emphasis on the private sector. Contributions will be
sought from developers towards baslc infrastructure and facilities where this could be
linked to the development proposed. It is anticipated such work is likely to be finsnced
primarily through reductions in the price paid for land.
Environmental Assessments will be required in accordance with Government
Regulations. The Council may require the impact of the development to be monitored
following its implementation where an Environmental Assessment indicates this
would be appropriate.
.I 5
*
D E V E L O P M E N T CONTROL P R l N C i P C E S
*
O C T O B E R
2 0 0
nand a1
Eskd a1
AL- P
W
'w.d umg a I.g ov.uk
A
G e n e r a l
P o l i c i e s
a n d
P r o p o s a l s
_r ^_---
Justification: The Planning Authority recognises that if limited housing
development can be directed to identified Small Building Groups it will meet
some of the demand for new houses in the countryside whilst supporting
existing rural services and facilities, without causing a loss of amenity, placing
undue pressure on servicing resources or contravening national poiicy relative
to new housing in the countryside See also Structure Plan Policy 04 and SPP3"Planning for Housing"
Justification : The Structure Plan and Local Plan seek to consolidate
development within existing settlements thereby supporting existing services It
IS acknowledged that there are a significant number of Small Building Groups
though not all are suitable for further development, some being unable to
accommodate further development in a manner which is acceptable under
recent National Planning Policy guidelines and advice Whilst those Small Building
Groups identified in the Plan aim to provide sufficient limited opportunities in the
short to medium term it IS recognised that towards the end of the life of the Plan
additional groups may be considered as existing Small Building Groups become
cornj~ lete
D u m f r i e s
a n d
G a 1 1 o u . a ~ -L o c a l
P l a n
Supplementary Planning Guidance - Small Building Groups - Annandale & Eskdale
The ‘suitable’lisk- those locations which have been
surveyed and agreed by the Council as part of the Local
Plan process as being in accordance with the criteria
outlined m General Policy 16a: Identification of small
building groups.The list of ‘suitable’ groups along with
Introduction
In line with Scottish Planning Policy, the D d i e s and
Gallow-ay Structure Plan directs the majority of the
area’shousing requirementsto tawnsand villages. It
also recognises in Structure Plan Policy D4 that in many
rural areas there are well established small groups of
houses which are too small to be considered a +illage
and which may not support even basic fa&ties.These
locations may however provide opportunities for limited
housing development.
maps showing their general extent and potential sites
within them are all provided in this guidance.
The ‘unsuitable no sites’ list - those locations which
meet the fkst two criteria in General Policy 16a but do
not have a y suitable sites. The unsuitable no sites list is
also induded within this guidance for reference.
Purpose
The ‘unsuitable’list:-those locations which have been
surveyed and found to be unsuitable in terms of General
Policy 1 6 . The unsuitable list is also included within
this guidance for reference.
The purpose of this supplementaq guidance is to*
Provide further information on the lists of small
building groups contained in the Annandde &
Eskdale Local Plan.
This supplernentaty planning guidance updates
the guidance produd in December 2006. The
determining factor in the review will be whether or not
groups meet or continue to meet the criteria set out in
General Policy 16a.
The information contained in this guidance and
subsequent reviews of this guidance will be a material
consideration when determining planning applications
Lists of Small Building Groups
The Annandale & Eskdale Local Plan contains two lists
of small building group. However, the survey work
carried out to inform this updated guidance showed that
the unsuitable list needs to be divided further into an
‘unsuitableno sites’list.
2
Supplementary Planning Guidance - Small Building Groups - Annandale & Eskdale
General Policy lfia:Identificationof Small Building
have become suitable through a material change in
circumstances. This process will commence following
the adoption of the iocal plan, and will take the form of
supplementary guidance which will also include further
detailed information about potential development sites
within specific groups. This supplementary guidance
will be publishedannually following consideration by
the appropriateArea Committee, and will be treated
as a 'material consideration" in the assessment of
development proposals. It will not in any way alter
the statutory provisions of thii local plan, although the
cumulative position will be included in the next review
of the local plan.
Groups
Small BuildingCroups will only be considered suitable
for limited housing development where they meet all
the following
- criteria:
the group must consist pr-marilyof
dwellinghouses forming a clearly identifiable
nucleus with strong visual cohesion and sense of
place;
the group must be physically and visually
separate from other settlements;
there are suitable sites, the development of
which would confarm with and enhance the
building group's form, character and appearance
and landscape setting; and
JustiMon: The Structure Plan and local Plan
seek to consolidate development within existing
settlements thereby supporting existingservices. It
is acknowledgedthat there are a significant number
of anall Wading Groups though not all are suitable
for further development, some being unable to
accommodate further development in a manner which
is acceptable under recent National Planning Policy
guideris and advice. Whikt those Small Building
Groups identified in the Plan aim to provide sufficient
limited opportunities in the short to medium term it is
recogn-kedthat towards the end of the life of the Plan
additional g m u p ~may be considered as existing Small
Building Groups become complete.
development will not be permitted where it
results in the coalescence of settlements or
extends a ribbon or development.
All known small building groups have been surveyed.
Lists of suitable small building groups under GP16
meeting the criteria of GP16a are identified in section
3 of the local plan. and lists of unsuitable small
building groups are identified in an appendix to the
local plan. During the life of the plan the planning
authority will review these lists, identifying suitable
small building groups that have reached their capacity,
and any currently unsuitable building groups that may
3
Supplementary Planning Guidance - Small Building Groups - Annandale & Eskdale
General Policy 16:Development within Identified
Small Building Groups
There will be a presumption in favour of small
scale housing development, normally of one to two
dwellings, within the Small Building Groups identified
in Section 3 of the Plan subject to all of the following
criteria being met:
Potential Development within Suitable Small
Building Groups
The maps contained within this guidance represent
the findings of the Council’s initial assessment of small
building groups and those added to the “suitable list”
as part of the local plan process. The m a p s identify &e
general extent of the suitable groups and specifically
identify what the Council considers to be potential
development sites within these. These sites have
been included on the basis of a visual survey and their
potential to comply GP16. Whilst some of the sites
have previous planning approvals, most have not been
subject to any technical assessment in terms of access,
water supply, sewerage provision or landownership. It
is also ahowledged that sites may come forward which
have not been specifically identified. In each case it will
be for the applicant to demonstrate that their p+
is in accordance with GP16. h l y discussions with
the Council’s Development Management Service are
encouraged prior to the submission of an application.
Their contact details are listed at the end of this
guidance.
a)
the development would conform with, or
enhance, the building group’s existing form,
character and appearance; and
b)
the development accords with the provisions of
General Policy 2 (Development considerations);
and
c)
the development accords with the provisions of
General Policy 7 (Siting and Design);
d)
development will not be permitted where it
results in the coalescence of settlements or
extends a ribbon of development.
All development proposals to be considered under
this policy should be consistent with the advice
contained within PAN 44 (Fitting New Housing
Development into the Landscape) and PAN 72 (Housing
in the Cowtryside). Applicants will be requiredto
demonstrate that their proposals have taken into
account an analysis of the existing built form, the
landfonn and the local landscape character. Where it is
musided appropriateguidance on specific Identified
Small Building Groups is given in Section 3 of the Plan.
Early consultationwith the PlanningAuthority is also
recommendedfor development proposals in Small
Euiidii Groups.
Jusificalion:The Planning Authority recognises that
if limited housing development can be directed to
identified Smdl Building Groups it will meet some of
the demand for new houses in the countryside whilst
supporting existing rural services and facilities, without
causing a Iw of amenity, placing undue pressure on
serviang resources or contravening national policy
relative to new housing in the countryside. See also
Structure Plan Policy D4 and SPP3 - “Planning for
Housing”.
Once sites have been developed the Council will
consider whether the p u p has reachedits capacity in
terms of further development, and whether it should be
moved fmm the suitable list to the unsuitable no sites
list.
4
Supplementary Planning Guidance - Small Building Groups - Annandale & Eskdale
Suitable S m a l l Building Groups
( Potential development sites shown
on the following maps as a +symbol )
Amhencastle*
Back of the Hill*
Bankssl*
Bentpath
Berryscaufi
Carlesgill
Castle O'er
Clerkhill
Corrie Common
Creca
Davington
Dinwoodie*
Dinwoodie Lodge
Dormont
Gillnockie Station
Heck*
Hetland South
Hollee
Johnsfield*
Kelhead
Kirkpatrick Juxta
Lauriesclose*
Marchhouse
Mollinburn
Newton
Parkfoot
Plantationfoot
Quarry Park also known as QuarryYard,
Kirklebridge
Raffles Road, Carrutherstown
Redkirk
Rig*
Samye Ling
Seacroft, Carrutherstown
Sibbaldbie
Smallholm
South Hayripg*
St.hS
Templand Cottage
Twiglees
Wamphray
Watchil, Lochmaben
Yett
*The potential development siter have now
been granted planning permission. NoJmther
dedopment opportunitia exist at Beriycaur
and it is included on this list ody on the basis OJ
unimplemented extant pmisFions.
Unsuitable No Sites
S m a l l Building Groups
Applegarthtown
Battlehill
BrecQ€lbeds
BIMlhd
Byrebdoot
Claygate
Craigs
Dryfebridge
Gair
Gillshaw>*ew
Greenhill
HaUeaths (Oakdame)
Hetland North
Hollowx
Irvington
Kettleholm
Langshaw Farm, Kirtlebridge
Millhousebridge
New-biebarns
Unsuitable Small Building
Groups
Ashyards Farm,Eaglesfield
Blacb-oodridge
Brickkin/ Broadmeadows
Broadlea of Row1
Browhouses
B m - Road
BdOOt
Capplegill
Chapelbrae
Co&e Common School
Craigelands House
Debate
Dinwoodie Mains
Dunnabie Corner
Ewes
Five Road Ends
Greenbrae
Halleahq
Hangingshaw
Harelawhill/foot
Hoddomcross
Homefarm (Castlemilk)
Hopper titty/Palaceknowe
Kennedy 's Corner, Waterbeck
Kirkbank Smithy
Kirkhill, Dalton
Kirkpatrick Juxta House
Kirtle
Kirtlebridge Station
Kirtleton
Linnbridgeford
Lnchwd
Middleshaw
5
Milltown/Tower of Sark
Milton of Dryfe
North of Prestonhall Farm
Old Craighouse
Old Craigielands
Paddockhole
Parkend & Kinninghill
Peelhouses
Potholm
Raehills
Rashybriggs, Hightae
Redkirk Farm
Riggfoot Cottage,Waterbeck
Roundstonefoot
Sandyford
satur Mill
Scaleridge
~ o g g s
Stapleton Grange
SW of Prestonhall Farm
Swordswell
Swordswellrigg/Hollinlea
Tarrasfoot
Tathill
The Broom
Tmdergarth Mains
Wamphraygate
Wamphrayglen
Watcarrick
Watchill, Annan
Wyseby Old Lodge
For further information
please contact:Development Management
Dtyfe Road, Lockerbie
DGll 2AS
Tel: 01576 205046
15
9. Photos of application site
and the locality
1.
(sh
tion si
NE from ~ i t h i n~ p p l i c a t i o ~
okin
along
at
Loaning on right, ~ o o d l a n d
Gate just be