Wester Biffie, Maud - Area Committee

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Infrastructure Services
Buchan Area Committee Report - 14 January 2014
Reference No: APP/2013/2396
Full Planning Permission for Erection of Dwellinghouse at Land Adjacent to
Wester Biffie, Maud, Peterhead
Applicant:
Agent:
Mr Colin Scott, Wester Biffie, Maud, Peterhead AB42 5PP
Baxter Design, Aden Hall, 9 Kirkgate, Old Deer, Peterhead
Grid Ref:
Ward No. and Name:
Application Type:
Representations:
Consultations:
Relevant Proposals Map
Designations:
Complies with Development Plans:
Main Recommendation:
395878.9 846816.8
W04 Central Buchan
Full Planning Permission
0
4
Local Plan
RHMA
No
Refuse
Development Management & Building Standards
96.9m
Tra
ck
Well
Parkhouse
Sheepfold
Drain
87.2m
Track
Wester Biffie
Well
Braeview
Tra
ck
86.6m
SITE
Dr
ain
Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2009. All rights reserved.
Ordnance Survey Licence number 0100020767
11 December 2013
Aberdeenshire Council
Scale - 1:2500
NOT TO SCALE
Reproduced from Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown
copyright and database rights. Ordnance Survey Licence Number 0100020767.
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1.
Reason for Report
1.1
This report relates to a planning application which is being recommended for
refusal and following consultation with the Local Members, requires to be
determined by the Area Committee. Councillors N. Smith, Ingram and Pirie
have requested that the application be referred to Committee for the following
reasons:

To discuss design and impact;
2.
Background and Proposal
2.1
This application seeks full planning permission for the erection of a new
detached dwelling house in a rural countryside location at land adjacent to
Wester Biffie, Maud. The site is approximately 400m east of the public road
and approximately 1.4km north-west of Stuartfield.
2.2
At present, the site is occupied by a single storey dwellinghouse of no
particular merit in terms of design. To the north, east and south there are a
number of relatively large, modern style agricultural buildings. The dwelling at
‘Braeview’ is situated approximately 40m from the existing property.
2.3
The proposal is to demolish the current property, and to replace this with a
new dwelling on a site approximately 11m south-west of the existing. The new
dwelling is to be suburban in style and be finished externally in grey fyfestone
basecourse and feature corners, grey granite dry-dash render, grey roof tiles,
timber windows and doors and black UPVC rainwater goods. The existing
septic tank is to be retained, whilst access is to be taken via the existing
access servicing Wester Biffie, Braeview and Parkhouse – a dwelling adjacent
to the public road. Visibility of 2.4m x 100m will be achieved by reducing the
height of the wall to suit.
2.4
Planning history:
2.5
APP/2008/0609 refused Outline planning permission on 17/09/08. The reason
given was:
1)
The Proposed development does not comply with Policy 12:
Housebuilding in the countryside beyond the greenbelt, as contained
within the Aberdeen and Aberdeenshire Structure Plan 2001 – 2016
(NEST); and to Policy Hou\4: New housing in the countryside including
the Aberdeenshire part of the Cairngorms National Park; Policy Hou\5:
Cohesive groups in the rural housing market and Appendix 3: Cohesive
groups in the rural housing market area as contained within the
Aberdeenshire Local Plan 2006 in that it does not constitute:
a)
b)
c)
d)
e)
rehabilitation or extension of an existing house;
replacement on the same site of a largely intact house;
a new house which is essential to the efficient operation of an
enterprise, which is in itself appropriate to the countryside;
conversion of an existing building to a single house; or
the erection of a house within an existing cohesive group of at
least 5 houses in accordance with policy guidance and criteria
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regarding the appropriate addition to the existing cohesive
group.
2.6
A Bat Survey was submitted to the planning service on 21/08/13. This shows
no bats emerging from the house, and no signs of internal or external use for
roosting. It was noted however that a bandit pipistrelle was heard foraging in
the area.
2.7
A Design Statement was received on 24/07/13. This details the site, servicing
and design principles of the property. It states that the proposed dwelling is
‘traditional’ in style and will be well located within the countryside.
2.8
No amendments have been made to the design.
3.
Representations
3.1
No valid letters of representation have been received.
4.
Consultations
4.1
Corporate Services (Planning Gain) does not seek any contribution from
the applicant as the property is a replacement dwelling which has been
subject to council tax within the past 5 years.
4.2
Infrastructure Services (Contaminated Land) has no objection to the
development, but does advise a formal informative regarding the removal of
asbestos be attached to any granting of Planning Permission.
4.3
Infrastructure Services (Roads Development) raises no objection to the
development as the proposed access is adequate for the traffic associated
with the dwelling. Standard conditions and informatives are recommended to
be attached to the decision notice should the Planning Service grant
permission for the development.
4.4
Scottish Water does not object to the development connecting to the
infrastructure, however does advise the applicant that a full application should
be made directly to Scottish Water.
5.
Relevant Planning Policies
5.1
Scottish Planning Policy
5.1.1 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.
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5.1.2 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 Structure Plan
5.2.1 The purpose of this Structure Plan is to set a clear direction for the future
development of the North East. It promotes a spatial strategy. All parts of the
Structure 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.
5.3
Aberdeenshire Local Development Plan 2012
Policy 3: Development in the countryside
SG Rural Development1: Housing and business development in the
countryside
Policy 8: Layout, siting and design of new development
SG LSD2: Layout, siting and design of new development
SG LSD10: Contaminated land
5.4
Other Material Considerations
Planning Advice 13/2012 – Housing and business development in the
countryside and greenbelt.
6.
Discussion
6.1
Full planning permission is sought for the erection of a new dwelling house in
a countryside location, following the demolition of the existing property. The
key planning issues in this instance are if the principle of a new dwelling can
be supported and if the design is acceptable.
6.2
Principle of Development
6.3
Policy 3 supports small scale housing developments within the countryside
location where it is for:

the replacement or refurbishment of an existing, disused building;

development which constitutes organic growth of a settlement identified
within Appendix 1;

a single dwelling associated with the succession of a viable farm holding;

an employment proposal; or

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an appropriate addition in terms of scale and character to an existing
cohesive group of at least 5 dwellings.
6.4
As the existing dwelling to be demolished is not meritable in terms of design, it
is considered to be in compliance with criteria A2 of SG Rural Development1:
Housing and business development in the countryside. It should be noted
however that demolition sites such as this should be redeveloped using the
previous footprint of the property where possible. Due to the close proximity of
the dwelling to the relatively large agricultural store buildings, it is accepted
that the new dwelling be sited to an alternate area, albeit within the general
site of the existing.
6.5
Policy 3 should however be used in conjunction with all other relevant policies,
most notably Policy 8 and SG LSD2: Layout, siting and design of new
developments. SG LSD2 aims to achieve a high standard of design in all new
developments by:

Optimising the sites context;

Respecting its setting;

Providing visual appeal; and

Providing quality aesthetics.
6.6
As the principle of the redevelopment of brownfield land is supported by
policy, the next stage is to assess the design of the proposed dwelling.
6.7
Design
6.8
The design statement identifies that the proposed dwelling is ‘traditional
looking’. It is considered by the planning service that this is not the case, and
is instead of a suburban style unsuitable to the Buchan countryside. The
design statement attempts to justify the traditional styling of the property,
stating that the vertically proportioned windows reflect Buchan vernacular,
although do have modern detailing, whilst the bay window addition gives the
house a ‘unique’ identity. The addition of the modern detailing, bay window
and gable end widths being wider than 2.5x the height to the eaves along with
the finishing materials of drydash harl, fyfestone featuring and concrete roof
tiles only serve to further enhance the suburban styling of the property. The
property lacks such features as small window openings and chimneys to
gable ends which are common place within the north-east’s countryside
properties. This aside, the use of stained timber windows is a welcome
addition.
6.9
Whilst it is recognised that Braeview is of a more modern styling, the Planning
Service must consider each application upon its own merits. The above does
not demonstrate compliance with Policy 8, and is therefore considered that
the design is detrimental to the character of the rural area.
6.10
In terms of amenity, it is considered that the dwelling and its siting will not
cause any significant loss of amenity of the neighbouring dwelling at
Braeview. The distance of approximately 20m between the proposed dwelling
and Braeview, along with the boundary treatment of hedging limits
overlooking. The large plot of over 4200m² and the footprint of the single
storey dwelling being only approximately 150m², safely eliminates overbearing
of the wider site and property at Braeview.
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6.11
Wildlife
6.12
Policy 11:Natural Heritage and SG Natural Environment2 (Protection of the
wider biodiversity and geodiversity) states that the development will not be
supported if it is detrimental to any European Protected Species. As the
submitted bat survey identifies that the site is not used as a roost site for bats,
it is considered the development does not cause adverse impacts upon any
European Protected Species and is therefore acceptable to demolish the
property.
6.13
Contamination
6.14
Information regarding the site has been provided to the councils
Contaminated Land Service. No objections have been raised, however formal
notes related to the discovery of contamination to the site and safe removal of
asbestos are advised to be included within any decision notice granting
planning permission.
6.15
Access
6.16
In terms of access, it is considered by Roads Development that this is
appropriate. In order to achieve and maintain the required visibility splay, the
wall at the entrance of the track is to be reduced in height. Standard
conditions and informatives relating to the construction and use of the access
are advised to be attached to any decision notice granting planning
permission.
6.17
Servicing
6.18
Turning to the servicing of the site, it is considered, with confirmation by
colleagues within Environmental Health, that the existing septic tank, which is
proposed to be retained, is of a suitable scale to support the dwelling.
6.19
Conclusion
6.20
Overall, although the principle of the demolition of the existing property and
erection of a replacement dwelling, albeit of a different footprint, is accepted,
the design does not allow compliance with Policy 8 (Layout, siting and design
of new developments). Opportunity was given to the applicant on two
occasions to alter the design to meet the criteria set within Policy 8, however
these have been rejected, favouring the submitted design. Should the design
be altered to reflect the Buchan vernacular in areas detailed within this
section, it is likely that the application be supported.
6.21 It is recommended that full planning permission be refused on the basis that
the design does not reflect the surrounding rural character.
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.
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8.
Equalities and Financial Implications
8.1
An equality impact assessment is not required because it is considered that
the granting or refusal of this application will not cause significant adverse
impacts upon protected characteristics of the applicant or any third party.
8.2
There are no financial implications arising from this report.
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
Structure Plan Departures
None
10.2
Local Development Plan Departures
Policy 8: Layout, siting and design of new developments
SG LSD2: Layout, siting and design of new developments
10.3
The application is a Departure from the valid Local Plan 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 the Infrastructure Services
Committee in the event of the Area Committee wishing to grant permission for
the application.
11.
Recommendation
11.1
REFUSE Full Planning Permission for the following reasons:1.
The proposed dwellinghouse by virtue of its design is out of keeping
with the character of the surrounding landscape therefore the proposal
is contrary to Policy 8: Layout, siting and design of new development
and SG LSD2: Layout, siting and design of new development.
Stephen Archer
Director of Infrastructure Services
Author of Report: Elizabeth Tully ET1/B/APP/2013/2396
11/12/2013
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APPENDIX 1
SITE PLAN
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APPENDIX 2
ELEVATIONS
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APPENDIX 3
FLOOR PLAN