Clackmannanshire Council Logo · 2021. 1. 17. · Councillor Kenneth Earle, Councillor Walter McAdam MBE. PLA(11)19 DECLARATIONS OF INTEREST Councillor Gary Womersley declared a interest

For further information contact Finance and Corporate Services, Clackmannanshire Council, Greenfield, Alloa, FK10 2AD Phone: 01259 452106/2004 Fax: 01259 452230 E-mail: [email protected] www.clacksweb.org.uk

Date

Time

Greenfield, Alloa, Scotland, FK10 2AD (Tel.01259-450000)

PLANNING COMMITTEE

Thursday 22 December 2011 at 9.30 am

Venue: Council Chamber, Greenfield, Alloa, FK10 2AD

PLANNING COMMITTEE

The Planning Committee is responsible for taking decisions on planning

applications and enforcement, dealing with regulatory issues arising in the

fields of Building Control, Trading Standards, Environmental Health and non

liquor licensing, all in line with Council policy.

For further information contact Finance and Corporate Services, Clackmannanshire Council, Greenfield, Alloa FK10 2AD (Tel 01259 452106) (Fax 01259 452230) (email [email protected]) (www.clacksweb.org.uk)

14 December 2011 A MEETING of the PLANNING COMMITTEE will be held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 22 DECEMBER 2011 at 9.30 am.

DAVID THOMSON Legal Services Manager

B U S I N E S S

Page No

1. Apologies -- 2. Declaration of Interests -- Members should declare any financial or non-financial interests they have in any item on this agenda, identifying the relevant agenda item and the nature of their interest in accordance with the Councillors’ Code of Conduct. A Declaration of Interest form should be completed and passed to the Committee Officer. 3. Confirm Minute of Planning Committee Meeting held on 01

Thursday 24 November 2011 (Copy herewith)

4. Report of Handling on Planning Application: Erection of 1 No. 07 House and Domestic Garage and formation of access road at land to the south of Carsebridge Row, Sauchie, Clackmannan- shire (Ref. No. 11/0142/FULL) - report by the Principal Planner (Copy herewith)

5. Report of Handling on Planning Application: Erection of 1 No. 17 House, land north of Armour Place at Bards Way, Tillicoultry (Ref. No. 11/00296/FULL) - report by the Development Quality Team Leader (Copy herewith)

6. Report of Handling on Planning Application: Erection of Garden 29 Shed (Retrospective) at 6 Newbiggin Crescent, Tullibody, FK10 2RT (Ref. No. 11/00298/FULL)

7. Street Naming Report for Site at Former Workshops at 35 Greygoran, Sauchie - report by the Head of Community and Regulatory Services (Copy herewith)

COMMITTEE MEMBERSHIP – PLANNING COMMITTEE

Councillors Wards

Councillor Alastair Campbell (Convener) 5 Clackmannanshire East CON

Councillor Tina Murphy (Vice Convener) 1 Clackmannanshire West SNP

Councillor Kenneth Earle 4 Clackmannanshire South LAB

Councillor Mark English 4 Clackmannanshire South SNP

Councillor George Matchett 1 Clackmannanshire West LAB

Councillor Walter McAdam 2 Clackmannanshire North SNP

Councillor Bobby McGill 2 Clackmannanshire North LAB

Councillor Harry McLaren 5 Clackmannanshire East LAB

Provost Derek Stewart 3 Clackmannanshire Central LAB

Councillor Gary Womersley 3 Clackmannanshire Central SNP

MINUTE OF MEETING of the PLANNING COMMITTEE held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 24 November 2011 at 9.30 am. PRESENT Councillor Alastair Campbell (Convener) Councillor Mark English (From Item 4) Councillor George Matchett, QPM Councillor Bobby McGill Councillor Harry McLaren Provost Derek Stewart Councillor Gary Womersley IN ATTENDANCE Julie Hamilton, Strategy and Support Manager Andrew Wyse, Solicitor (Clerk to the Committee) Ian Duguid, Development Quality Team Leader Mac West, Roads and Transportation Manager PLA(11)18 APOLOGIES Apologies for absence were received from Councillor Tina Murphy (Vice Convener), Councillor Kenneth Earle, Councillor Walter McAdam MBE. PLA(11)19 DECLARATIONS OF INTEREST Councillor Gary Womersley declared a interest in Agenda Item 7 (Erection of Industrial Building (Cooperage) and Associate External Storage, Vehicle Access and Car Parking at Dumyat Business Park, Tullibody, Planning Application Ref.11/00227/FULL) as he is a Director of CSBP Clackmannanshire Developments Limited. PLA(11)20 MINUTE OF MEETING HELD ON 14 JULY 2011 A minute of the Planning Committee meeting held on Thursday 14 July, 2011 was submitted for approval. The minute of the meeting held on Thursday 14 July 2011 was agreed as a correct record and signed by the Convener.

THIS PAPER RELATES TO ITEM 3

ON THE AGENDA

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PLA(11)21 PLANNING APPLICATION Development of Land for Residential Purposes, with Associated Access Roads, Open Space, Recreational Facilities and Landscaping on Land North of Blackfaulds Street and Wardlaw Street, Coalsnaughton (Reference: 05/00106/OUT)

A report detailing the above application was submitted by the Principal Planner. The purpose of this report was (i) to update Members on progress with the implementation of a previous Committee decision on this application; (ii) seek approval for an amended masterplan and phasing of the proposed development; and (iii) review the need for a Section 75 Agreement in order to allow for the release of Planning Consent. An oral representation was made by Mr Neil Duncan, Objector. Councillor Mark English joined the meeting during questions on the report. Motion That the Committee approves the application subject to the terms and conditions set out in the report. Moved by Councillor Alastair Campbell. Seconded by Councillor Bobby McGill. Decision The Committee agreed unanimously to approve the application subject to the terms and conditions as set out in the report. Action Service Manager (Development) PLA(11)22 REPORT OF HANDLING ON PLANNING APPLICATION

1. Planning Application - Alterations and Extension to 1936 Building, Including the provision of new entrance and pedestrian access, installation of flue and roof - mounted photovoltaic panels and air handling units and formation of access road and car parking, including the demolition of former lodge building at Kilncraigs, Greenside Street, Alloa (Reference: 11/00275/FULL)

2. Listed Building Consent Application - Alterations and Extension to 1936 Building, including internal alterations, provision of new entrance and pedestrian access, installation of flue and roof mounted photovoltaic panels and air handling units and alterations to fenestration at Kilncraigs, Greenside Street, Alloa (Reference: 11/00276/LIST)

The purpose of this report, submitted by the Principal Planner, was to consider a report of handling of the above applications for planning permission and listed building consent for alterations to the vacant 1936 building at Kilncraigs and the formation of additional car parking. The principle of the use of the building for office purposes had previously been established by the permission granted in 2001 which had been partially implemented within the other half of the building. The report considered the relevant planning policies in the Development Plan, national policy guidance, one representation from a third party and consultation responses.

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As the Council has an interest in the application for planning permission, the Council's Appointed Officer is prohibited from making a determination. Accordingly, the application was reported to the Planning Committee for decision. The associated application for listed building consent was also referred to Committee. The Development Quality Team Leader confirmed that the applications were for premises situated in the Clackmannanshire South Ward, not Clackmannanshire Central as stated in the report. Motion That the Committee approves the planning application subject to the terms and conditions set out in Appendix 1 of the report Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett QPM. Decision The Committee agreed unanimously to approve the planning application subject to the terms and conditions set out in Appendix 1 of the report Action Service Manager (Development) Motion That the Committee for its interest approves the application for listed building consent, subject to the terms and conditions set out in Appendix 2 of the report and that Historic Scotland be notified accordingly. Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett QPM. Decision The Committee for its interest agreed unanimously to approve the application for listed building consent, subject to the terms and conditions set out in Appendix 2 of the report and that the application be referred to Historic Scotland, they being notified that the Council has approved the application for listed building consent. Action Service Manager (Development) PLA(11)23 REPORT OF HANDLING ON PLANNING APPLICATION 1. Planning Application - Alterations, Extension and Change of Use of Former Mill

Shop to Council Office and Chamber (Class 4), including Entrance and First Floor Extensions and Installation of Roof Mounted Photovoltaic Panels as Former Paton's School, Greenside Street, Alloa (Reference: 11/00278/FULL)

2. Listed Building Consent Application - Alterations and Extensions to Former Mill Shop, including Entrance and First Floor Extensions and Installation of Roof Mounted Photovoltaic Panels at Former Paton's School, Greenside Street, Alloa (Reference: 11/00279/LIST)

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The purpose of the report submitted by the Principal Planner, was to consider a report of handling of the above applications for planning permission and listed building consent.

As the Council has an interest in the application for planning permission, the Council's Appointed Officer is prohibited from making a determination. Accordingly, the application was reported to the Planning Committee for decision. The associated application for listed building consent was also referred to Committee. Motion That the Committee approves the applications for planning permission and listed building consent subject to the proposed conditions for the respective applications set out in Appendices 1 and 2 attached to the report. Moved by Councillor Alastair Campbell. Seconded by Councillor Bobby McGill. Decision The Committee agreed unanimously to approve the applications for planning permission and listed building consent subject to the proposed conditions for the respective applications set out in Appendices 1 and 2 attached to the report. Action Service Manager (Development) PLA(11)24 REPORT OF HANDLING ON PLANNING APPLICATION Planning Application - Erection of Industrial Building (Cooperage) and Associated External Storage, Vehicle Access and Car Parking, Dumyat Business Park, Bond Street, Tullibody (Reference: 11/00227/FULL) The purpose of the report submitted by the Development Quality Team Leader, was to consider a report of handling on the above planning application. The report considered the nature and location of the proposals, the relevant development plan policy position and other material considerations. As the Council has an interest in the application for planning permission, the Council's Appointed Officer was prohibited from making a determination. Accordingly, the application was reported to the Planning Committee for decision. Councillor Gary Womersley declared a interest in this as he is a Director of CSBP Clackmannanshire Developments Limited. Councillor Womersley remained within the Chamber, but took no part in the debate or vote.

Motion

That the Committee approved the application subject to the terms and conditions as set out in the report.

Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett QPM. Decision The Committee agreed unanimously to approve the application subject to the terms and conditions as set out in the report.

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Action Service Manager (Development) PLA(11)25 REPORT OF HANDLING ON PLANNING APPLICATION Planning Application - Proposed Installation of External Insulation System with Render Finish to Existing Two and Three Storey Flats at Various Addresses, Engelen Drive, Alloa (Reference: 11/00264/FULL) The report, submitted by the Principal Planner, summarised a planning application for the above development.

As the Council has an interest in the application for planning permission, the Council's Appointed Officer was prohibited from making a determination. Accordingly, this application was reported to the Planning Committee for decision.

Motion

That the Committee approved the application subject to the terms and conditions as set out in the report. Moved by Councillor Alastair Campbell. Seconded by Councillor Bobby McGill. Decision The Committee agreed unanimously to approve the application subject to the terms and conditions as set out in the report. Action Service Manager (Development)

5

6

CLACKMANNANSHIRE COUNCIL

Report to Planning Committee of 22 December 2011

Subject: Report of Handling of Planning application ref: 11/00142/Full - Erection of 1 No House and Domestic Garage and Formation of Access Road at Land To The South Of Carsebridge Row, Sauchie, Clackmannanshire

Applicant: Eva Comrie and Matt Reilly, 54 Erskine Street, Alva, Clackmannanshire

Agent: RT Hutton Planning Consultant, The Malt Kiln, 2 Factor's Brae, Limekilns, Fife

Prepared by: Grant Baxter, Principal Planner

Ward Clackmannanshire Central

1.0 Purpose

1.1. This report summarises a planning application for the above noted development and makes a recommendation on the application to Members. The application requires to be determined by the Planning Committee as it includes a small area of land owned by the Council.

2.0 Recommendations

2.1. The planning application is recommended for APPROVAL subject to the following conditions and reasons:

2.2. Conditions 1. Before any works commence on site, the applicant shall have commissioned technical reports, including a Coal Authority report, assessing ground conditions within the site and the remedial measures necessary to overcome any mining or other ground stability problems. Thereafter, all on-site mitigation measures shall be carried out fully in accordance with the report. 2. Access to the site shall be via a fully adoptable road leading from the end of the existing public road at Quarry Place, in accordance with the Council's Development Roads Guidelines and Specification, and as generally set out in the Stamped Approved Drawing by McGregor McMahon (ref: 12384-SK1 Rev


ON THE AGENDA

7

A). This road shall be completed to the satisfaction of the Council, prior to first occupation of the proposed house. 3. Before any works commence on site, the following additional details shall have been submitted to and approved in writing by the Council.

a) Detailed plans and sections showing existing and proposed ground and finished floor levels on the site. b) Details of location, height, design and finish of all forms of boundary treatment. c) Details of the design and finish of all hard surfacing including driveways, paths, external steps and ramps.

Once approved, the development shall be completed in accordance with such details, prior to first occupation of the proposed house. 4. Before any works commence on site, a scheme of landscaping shall have been submitted to and approved in writing by the Council and shall include details of existing trees and hedges to be retained and details of the type, number and location of new native trees, hedges and other plants. The scheme of landscaping shall be implemented within the planting season following first occupation of the proposed house. 5. Before any works commence on site, details of all external finishing materials of the proposed house and garage shall have been submitted to and approved in writing by the Council. Thereafter, the development shall be implemented in accordance with such approved details. 6. The surface water drainage scheme for the proposed house shall be designed in accordance with CIRIA "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland". Thereafter, the scheme shall be implemented in accordance with such approved details prior to first occupation of the proposed house.

7. The proposed detached garage hereby approved shall be used solely for domestic use ancillary to the proposed house, and for no other purpose.

2.3. Reasons for Conditions

1. In order to ensure ground conditions are adequate in relation to the proposed development.

2. In order to ensure an adequate standard of access to serve the proposed development.

3. In the interests of residential amenity and local environmental quality.


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6. In order to ensure adequate provision of surface water drainage to serve the proposed development.

7. In order to retain proper control of the development.

2.4. Reasons for Decision

2.5. The application is for a single house and garage on vacant brownfield land in Sauchie. The site is identified for housing development in the Local Plan, and the detailed arrangements for the development generally accord with relevant Development Plan policies. The access constraint that has previously affected the site is proposed to be overcome via the proposed provision of an adoptable access road linking into the existing public road network, and thereby overcoming the main planning constraint to the development of the site. As such, the application can be recommended for approval subject to suitable conditions, including one ensuring completion of the adoptable access arrangements in association with development of the proposed house.

2.6 Approved Drawings

1. Amended Location Plan

2. Amended Site Plan (SP/01)

3. Proposed Road Alterations at Quarry Place Plan (12384-SK1 Rev A)

4. Proposed Dwelling House Plans and Elevations (10.016.05 ABCD)

5. Proposed Dwelling House Section (10.016.006 ABCD)

6. Proposed Garage Plans and Sections (10.016.007 ABCD)

7. Proposed Garage Foundation and Attic Plan (10.016.008 ABCD)

3.0 Background to the Proposals

3.1 The application seeks detailed planning permission for a two storey house and detached garage with access road on vacant land at Carsebridge Row, off Hallpark, Sauchie. The site is an irregularly shaped area of generally level land extending to 0.25Ha.

3.2 It forms part of a larger area of mainly vacant land between Carsebridge Row, Quarry Place and the Brothie Burn. It abuts a row of three cottages and one detached cottage, and other vacant land to the north, the rear of Quarry Place to the west, the steep bank of the Brothie Burn to the north and a narrow path and wall that separate the site from Carsebridge Court business park to the south. The application site and adjacent cottages currently take access from an informal private access onto Quarry Place. An upgraded access is proposed, since the initial submission, and the application has been revised and the site boundary increased to show an access road connecting with the adopted public road.

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3.3 A previous application to build a house on the site was refused in July 2010 on the basis of the sub standard access proposals. The adjoining land to the east is also owned by the applicant and currently has Planning Permission in Principle for the erection of two houses, subject to conditions. One of these conditions requires an adoptable access road to be provided.

4.0 Consultations

4.1 Roads and Transportation: Initially recommended refusal based on sub standard access proposals that did not connect to the adopted road. Subsequently revised comments in light of new access proposals, and recommend approval subject to conditions ensuring the proposed road is constructed to fully adoptable standards. Comment: Any approval shall require appropriate conditions on access standards.

4.2 Waste Management: No objections subject to compliance with advice on refuse collection and waste management. Comment: This advice should be incorporated into a planning condition if approved.

4.3 Environmental Health commented on the previous application for the site in the following terms: No objections, however a number of mineshafts exist within 100m of the site, which have associated workings that may be shallow. The applicant should commission a Coal Authority report and seek advice from a suitably qualified person. Comment: This advice is relevant to the current application, and should be incorporated into a planning condition if approved.

5.0 Representations

5.1 A total of 59 No. neighbouring properties were notified of the application, and also re-notified of the revised proposals. The application was also advertised in the local press. No representations have been received.

6.0 Planning Considerations

6.1 The application requires to be determined in accordance with the Council’s Development Plan unless material considerations indicate otherwise.

6.2 The site forms part of a larger area identified as a housing proposal site in the adopted Clackmannanshire Local Plan. This designation has been reaffirmed in Proposal H24 the First Alteration (Housing Land) of the Local Plan adopted in October 2011, which identifies the site and surrounding land for the erection of 7No. Houses. This larger area includes land owned by the Council, and the proposed access road crosses this land. The application therefore accords with the designation of the site for residential development.

6.3 Relevant policy consideration of the adopted Local Plan are as follows:

• Policy RES 2 – Brownfield Development

• Policy RES 4 – Infill and Backland Development

• Policy RES 8 – Amenity Standards

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• Policy INF 4 – Development Standards

6.4 The proposal complies with Policy RES 2 as it would redevelop part of a brownfield site.

6.5 Policy RES 4 sets out criteria for assessing infill developments. The proposal as originally submitted complied with four of these five criteria, however did not comply with the fifth as it failed to provide access and parking to meet the Council’s Development Roads Guidelines and Specifications. The subsequent amendments to the proposals involving extending the site to meet the public road at the end of Quarry Place, and setting out an access road proposal that could meet the Council’s Development Roads Guidelines has now addressed this point, and ensures that this proposal for partial development of the Local Plan site facilitates, and does not prejudice, development of the remaining portion of land.

6.6 The house plot is large (0.25Ha) for only one house and comfortably exceeds the Council’s standards on garden ground and amenity space and no other properties would have their privacy or amenity eroded as a result of its construction.

6.7 The access arrangements, as amended, now address the terms of Policy INF4.

6.8 The application has taken some considerable time to reach a stage where a favourable recommendation could be made on it, largely as a result of the need to address the access constraint that existed, and the associated complex land ownership situation. The applicant’s agent has now brought forward proposals for an adoptable access road that can serve, not only the current application site, but the two houses approved on adjacent land, and the four other existing houses that use this route.

6.9 This proposed new access involves land not owned by the applicant, including some Council owned land, in the form of hardstanding area to the rear of flats on Quarry Place. The applicant’s ability or otherwise to gain control of this land, in order to implement the proposed access road, is not a material planning consideration. Any planning permission should however be conditioned such that the required, adoptable access arrangements are in place prior to completion or occupation of the house, as the application would remain unacceptable in planning terms without such provision.

6.10 Taking account of the above assessment against the Development Plan and relevant material considerations, the application can be recommended for approval in the manner set out in Section 2, above.

7.0 Sustainability Implications

7.1 The proposal would re-use vacant and derelict brownfield land in a manner that accords with the Development Plan.

8.0 Resource Implications

8.1 Financial Details

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8.2 The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

9.0 Exempt Reports - Reasons for Exemption 9.1 The report is not exempt.

10.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities 2008 - 2011 (Please double click on the check box )

The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

11.0 Equalities Impact

11.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations?

Yes No 12.0 Legality

12.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

13.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

None

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11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered) Yes (please list the documents below) No

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Grant Baxter Principal Planner

2615

Approved by

NAME DESIGNATION SIGNATURE

Julie Hamilton

Development Service Manager

John Gillespie

Head of Community and Regulatory

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14

Quarry Place

1 to 12

57 to 63

Ivy

Shaft

CarsebridgeCottage

513

53

73

20 19

17

23

51

1

18

Carsebridge Row

KEILARSBRAE

HALLPARK

Allotment GardensBrothie

Burn

PEARSO

N VIEW

WH

INS R

OAD

CAR

SEBR

IDG

E CO

UR

T

CO

OPER

AGE W

AY

COOPERAGE WAY

Path

Path

El Sub Sta

23.8m

289400

289400

289500

289500

289600

289600

6936

00

6936

00

6937

00

6937

00

6938

00

6938

00

1:1,250Scale:

Services to CommunitiesKilncraigs

Greenside StreetAlloa

FK10 1EB

Tel: 01259 450 000 Fax: 01259 727 [email protected]

Date:09-Dec-2011

11/00142/FULL - Land To The South Of Carsebridge Row, SauchieErection of 1 No House and Domestic Garage and Formation of Access Road

Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2011.All rights reserved. Ordnance Survey Licence number 100020783.

Ward: Clackmannanshire Central OS Grid Ref: NS 89 93 NE0 5 10 15 20 25

Meters

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Report to Planning Committee

Date of Meeting: 22nd December 2011

Subject: Planning Application: Erection of 1 No. House, Land North of Armour Place at Bards Way, Tillicoultry - Reference No 11/00296/FULL

Applicant: Midway Services Ltd, Broughty Ferry, Dundee

Agent: AMCA Architecture And Design, Broughty Ferry, Dundee

Report by: Ian Duguid, Development Quality Team Leader

Ward: Clackmannanshire North

1.0 Purpose

1.1. This is a report of handling on the above planning application. The report examines the nature of the proposals, location of the proposed development and the site history of the surrounding residential development. This examination takes account of relevant development plan policies and allocations, and other material considerations, including representations from interested parties.

1.2 The report concludes that the proposals largely comply with relevant local plan policies and allocations on the proposals map. While acknowledging the varied objections to the proposals, mainly by local residents, these do not outweigh the presumption in favour of the development. Accordingly, and subject to appropriate safeguards set out in the recommended conditions, the proposals are recommended for favourable consideration.

1.3 The Council is currently responsible for maintaining the land within the application site. For this reason, the application cannot be determined by the Council's Appointed Officer under the Scheme of Delegation.

2.0 Recommendations

2.1 It is recommended that this planning application is APPROVED subject to the following conditions:-


ON THE AGENDA

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Conditions

1. All trees, hedges and shrubs to be retained within and adjacent to the site shall be protected from damage during demolition and construction work in accordance with BS5837 (Trees in Relation to Construction) 2005. The developer shall make arrangements for an officer of the Council to have inspected such measures prior to the commencement of construction work, and once approved all such protection shall remain in place for the duration of the development.

2. Before any works commence on site, a scheme of landscaping shall have been submitted to and approved in writing by the Council and shall include details of the existing trees and hedges to be retained; details of the type, number and location of new native trees, hedges and other plants; and arrangements for implementation and on-going maintenance. The scheme of landscaping shall be implemented within the planting season following first occupation of the proposed house.

3. Before any works commence on site, exact details of existing and proposed ground levels and proposed finished floor and roof levels, based on an identified fixed datum point, shall have been submitted to and approved in writing by the Council. Once approved, the development shall be carried out in accordance with such approved levels.

4. Before any works commence on site, a plan clearly defining the residential curtilage of the proposed house and details of all forms of boundary enclosure, refuse storage and collection points and hard surfacing shall have been submitted to, and approved in writing, by the Council.

5. The access driveway shall be constructed in a manner that ensures no discharge of surface water or loose material onto the public road/footway.

6. Construction works on the site shall only take place between the hours of 8.00am to 6.00pm Monday to Friday, 8.00am to 1.00pm on Saturday and at no time on Sundays or local bank holidays, unless otherwise approved in writing by the Council.

7. Before any works commence on site, samples of all external materials shall have been submitted to and approved in writing by the Council. The materials shall generally correspond to those used in the Bard's Way development.

8. Before any works commence on site, exact design details of the scheme for the control and discharge of surface water from the site and surrounding land during the construction and operational phases of the development shall have been submitted to and approved in writing by the Council. The details shall include the measures to protect the adjacent Kirk Burn from the discharge of any material during construction work. Thereafter, the scheme shall be implemented in accordance with such approved details prior to the occupation of the proposed house.

Reasons for Conditions

1. In the interests of visual amenity.

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3. In the interests of residential amenity. The said details were not included in the application.

4. In the interests of residential amenity. The said details were not included in the application.

5. In the interests of road safety.

6. In the interests of residential amenity, having regard to the character of the area.


8. In order to ensure that there is no adverse implications for the existing watercourse or adjacent properties.

Reasons for the Decision

1. The site is located within the Tillicoultry settlement boundary, and allocated housing development site, all as shown in the Clackmannanshire Local Plan.

2. The Bard's Way development includes a quality and quantity of open space provision exceeding the standard required in the Clackmannanshire Local Plan.

3. There are no adverse impacts on road safety or residential amenity.

4. The representation from 3rd parties do not outweigh the Development Plan position and presumption in favour of development.

3.0 Background

3.1 The application site comprises an area of land within a relatively recent residential development towards the east side of Tillicoultry. It is laid out in grass and used as public open space. A steep embankment leads to an adjacent burn.

3.2 Permission is sought to erect a 1and a half storey house with integral garage. The proposed scale and choice of materials, including render, facing brick and grey roof tiles, compliment the character of the surrounding area.

3.3 The planning application is accompanied by a supporting statement, in which the applicant examines other potential developable areas within their control and sets out design and access principles incorporated in the proposals.

3.4 The application has been submitted following the withdrawal of an earlier application for 2 No houses (ref no. 11/00160/FULL). This decision followed the applicant's review of comments on the proposal from the Planning service.

4.0 Consultations

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4.1 Roads and Transportation

Have no objections to the principle of the development subject to adequate visibility being maintained at the adjacent junction and driveways and foot crossing being constructed and designed. Comment: the proposals will comply with the Roads' advice.

4.2 Land Services

No objections in principle to the development, but suggest that the garden be extended to the western boundary of the site. Additional information on trees to be retained and removed is also recommended. Comment: The suggested change to the garden boundary has some merit however this is alongside a remote footpath, with public open space on the other side. On balance there would be no requirement to modify the proposals.

4.3 The Regional Archaeologist

Has no objections in principle subject to a ground breaking evaluation of the site in advance of development. Comment: Given the previous changes to the ground profile in this area, this would no longer fulfil the normal purpose that would otherwise be the case in an undeveloped site.

4.4 Tillicoultry Community Council

Was consulted on the previous application. No comments have been received in response to this consultation, nor in relation to the current application.

4.5 Scottish Water

Have no objections to the development.

5.0 Representations

5.1 Several neighbouring households were notified of this application. In addition, the planning application was advertised in the local paper. As a result of this publicity, representations have been received from the following parties:-

• Peter F Griffin, Bard's Way, Tillicoultry, FK13 6RR

• Mr J N Forbes, 1 Bard's Way, Tillicoultry, FK13 6RR

• Fiona Ritchie, 7 Bard's Way, Tillicoultry, FK13 6RR

• Norman & Christine Rollo, 8 Armour Place, Tillicoultry, FK13 6RW

• Mr Alan Munro, 9 Bard's Way Tillicoultry Clackmannanshire FK13 6RR

• Elaine & Bill Maxwell, 5 Bard's Way, Tillicoultry, FK13 6RR

• Mrs Johanna M Griffin, 3 Bard's Way, Tillicoultry, FK13 6RR

• Jacqueline A Cannon, 7 Armour Place, Tillicoultry, FK13 6RW

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In addition a petition has been received, signed by approximately 80 local householders. The petition is accommodated by a proforma where some local residents have described the current use of the site. NB: A similar petition was received for the previous application. It was signed by 128 householders.

Finally, a letter and drawing from local children was sent to the Planning Office in connection with the previous application, illustrating in their own way there objections to those plans.

The representations on this application may be summarised as follows:-

The proposals represent a loss of open space used by children for playing, including sledging. Comment: Although the open space was not necessarily provided for this purpose, it is accepted that children will play on the land. However, this area and the other play facilities at Bard's Way were the subject of 8 site visits between July and September (5 of which were during the school holiday period). There was no record of any children playing on the site. On one occasion, 3 children were playing in the nearby children's play area, and on one other occasion, 2 children's and a adult were flying a kite on the land in front of the Harviestoun Hotel.

The Development will result in the loss of space for residents walking and playing with their dogs. Comment: There are many other areas around Bard's Way that are suitable for the purpose. No under provision would materialise from the proposal.

A lot of wildlife in the area will be affected by the development, including bats, which are a protected species. Comment: Scottish Natural Heritage have indicated that the proposals should have no adverse affect on any roosting bats or any other wildlife population.

Due to line of sight, the development could adversely affect privacy and amenity on neighbouring houses at Heathwood Crescent. Comment: The distance, height of the development and use of the intervening space will avoid any unacceptable loss of amenity.

The design of the house is not in keeping with the surrounding area. Comment: There are some differences in the house design. The house is slightly closer to the public footpath. However design principles in terms of scale, footprint and materials are all consistent. There will be no adverse impact on standards of visual amenity.

The development is contrary to the original approved development plan for the area, which shows this as a landscaped open space area. Comment: It is the impact of this change that requires to be evaluated against relevant policies in the Clackmannanshire Local Plan, and in the context of the surrounding landscaping and open space. This is considered later in the report.

The proposed house overlooks the private gardens of houses in Armour Place. Comment: Having regard to the height and orientation of the respective houses, the distances between houses and gardens, and the intervening tree planting, there will be no adverse impact on residential

21

amenity. The orientation of the house largely reflects the pattern of development in Armour Place.

Existing drainage problems in the areas could be exacerbated by the development. Comment: Foul drainage will be connected to the public sewer. Details for sustainable methods for discharging clean water will be covered by planning condition, thereby avoiding any adverse impact.

The Proposal is contrary to policy RES 4 of the Clackmannanshire Local Plan as it involves loss of open space of value to the community and it will not enhance the character of the neighbourhood. Comment: This is examined later in the report.

The solution to the cost of maintaining the site would be addressed by having the land signed off to the Council in a finalised manner. Comment: Maintenance costs associated with this land are not material to the merits of the proposals comprised in the planning application.

The proposals are in violation of the Local Plan, as this area is clearly shown as open space on the proposals map. Comment: To the contrary this area is not shown as open space on the Local Plan proposals map. The map is based on the original indicative plan relating to a separate Section 75 agreement. As detailed proposals emerged, this site layout changed to deal with a number of site constraints.

All trees adjacent to the site should be retained as part of the development. Comment: The proposals are proceeding on this basis and we are satisfied that no adverse impact on trees should arise from construction work.

Pollution to the burn south of the site seems unavoidable particularly during construction work. Consequential blockages and flooding maybe experienced. Comment: The developer will be required to provide a management plan to minimise any adverse impact on the water course. Discharge to and the quality of the water course is regulated by SEPA.

The proposed house is closer to pavements than existing houses. This could cause problems for children walking to school. Comment: The house is practically 4 metres from the adjacent pavement. Whilst this deviates from the equivalent arrangement elsewhere, the proposals remain sympathetic to their location and do not compromise children's safety.

The area contributes to open space principles (RES9) and the standards of space on residential development (RES10). Comment: This is examined later in the report.

Part of the ground has been built up using fly ash and could therefore represent a safety risk if developed. Comment: The applicant has confirmed that the ground will subject to a full and rigorous engineering assessment prior to construction. If any unexpected poor conditions are encountered, these would be consolidated in the normal manner.

The applicant has failed to comply with the requirements of the original Section 75 Agreement for the development, particularly in relation to landscape maintenance. Comment: Not withstanding it's irrelevance to the

22

merits of the planning application, the developer has largely complied with this agreement. There are residual maintenance issues on the embankment which forms part of the house plot, and localised areas to the north of the Bard's Way development that require to be addressed. These will be dealt with separately from the planning application.

The proposals represent overdevelopment of this site, adversely affecting the character of the neighbourhood. Comment: The density of development accords with local plan standards. The character of the surrounding area will not be adversely affected.

The applicant has failed to undertake an ecological survey of the site and it's surroundings. Comment: We are minded to accept the recommendations and advice from Scottish Natural Heritage. The areas to be developed are laid out in grass and there should be no adverse impact on any adjoining habitat.

There has been no consultation with SEPA in connection with the flood risk in close proximity to the Kirk Burn. While the risk may be very low, the risk will be significant during the construction phase of the development. Comment: We agree that precautions will be required to protect the burn during construction. A condition would be attached to the planning permission. SEPA issue standing advice for developments of this nature. The relative levels of the site and adjoining land eliminate the risk of flooding.


6.1 This application requires to be determined in accordance with relevant development plan policies and allocations, unless there are material considerations that indicate otherwise. In this context, we have taken account of policies for residential development of land as set out in the Clackmannanshire Local Plan. The policy position is summarised as follows.

6.2 The proposals for Tillicoultry within the adopted Clackmannanshire Local Plan identify the site as part of housing site H98, which in its entirety, comprises the original Bard's Way development. The allocation is based on the original indicative site plan for the development. It does not identify the application site either as allocated or safeguarded open space. The application site is therefore within the settlement boundary and relevant development plan policies apply.

6.3 Policy EN4 on water resources requires an appropriate assessment on flood risk where necessary and sustainable urban drainage solution to surface water management. The relative high levels of the development site in relation to the adjacent burn and land opposite eliminate any risk of flooding associated with the development. The applicant will require to clarify sustainable drainage methods for clean water within the development.

6.4 Policy EN11 requires new development to contribute positively to it's surrounding environment. The critical tests include a high quality architectural design , appropriate from and scale of development, appropriate use of materials and protection/enhancement of landscape. All of these parameters have been fulfilled. A condition will be attached to the planning permission requiring further landscape proposals within and adjacent to the

23

site of ensure that the landscape quality within the overall residential development is maintained as part of this proposal.

6.5 Policy RES2 indicates that priority is to be given to the development of appropriate brownfield sites within settlement boundaries, thereby using vacant, derelict or underused land. The application site is not deemed to be a brownfield site, and no prioritisation would therefore apply. That however need not rule out a presumption in favour of the development, unless there are other fundamental areas of policy conflict.

6.6 Policy RES4 relates to infill and back land development. On balance, this policy was not framed to deal with changes to residential development of this nature, but the policy does indicate that such proposals should not result in the loss of open space that is of value to the community. As a precautionary approach in taking an overview of the policy position, we acknowledge this potential policy tension, but any weight to be attributed to this parameter has to be balanced against the applicability of the policy in the first instance. In addition the loss of open space test is only one of five bullet points in the policy; all other tests are fulfilled. For those collective reasons, Policy RES4 could not justify withholding planning permission.

6.7 Policy RES7, form and layout of the development. Particularly relates to larger scale developments. It does, nevertheless, provide guidance on road design, parking, access, boundary treatment and house design. The layout as proposed complies with all aspects of this policy analysis.

6.8 Policy RES8 establishes amenity standards for new housing development, including plot ratio, minimum garden size, the avoidance of standard garden sizes and layout, distance between overlooking windows and other domestic facilities. The proposed layout complies with all of these standards.

6.9 Policy RES9 confirms that recreational and amenity open space must be provided as an integral part of new housing developments and that open space must cover residential areas as a whole. The application site comprises public open space at the moment, and this area was provided by the developer as part of an overall open space solution for the Bards Way development. This included a formal playing pitch, a children's play area, varied areas of informal/passive public open space, a meadow area north of the site and extensive areas of woodland and other landscape planting within a housing development of 72 no. house units. An examination of the size of those collective areas, their distribution within the development, and the quality of the open spaces indicates that, on all 3 parameters, they exceed the standards set out for formal and informal recreation in Policy RES10. Furthermore, while the development of this site would reduce the areas of informal open space, the policy standard is still achieved. In that context, it should be emphasised that this area of open space was not prescribed for this purpose by the Council as part of the planned layout for the housing development. The planned elements comprised the playing pitch, children's play area, other areas of informal open space and burn side planting adjacent to the application site and other locations. It would appear that this area of space materialised from site constraints associated with services, ground levels and road gradients and was in effect brought forward by the developer on a voluntary basis. We acknowledge the representations from residents regarding the use of the grass, its contribution to the amenity of the

24

development and its value for walking and playing. However, as the area was excluded from the planned and integrated open space when the development was originally approved, it would be unreasonable to withhold permission for development. The development would not mean that the remaining open space at Bards Way falls short of the RES9 standard.

6.10 Considering this broad analysis of the foregoing policies, and aligning this with the map allocation, the service concludes that the development is in accordance with the Development Plan. Any areas of specific or perceived conflict are outweighed by wider areas of support.

6.11 It is clear from the representations against this proposal that it raises many areas of concern. These have been expressed mainly by those living very close to the application site, although the petition has been signed by approximately 60% of households within the Bard's Way development. The absence of representations from Tillicoultry Community Council is noted.

6.12 Having examined the various representations, the Service concludes that few of the issues raised would justify any decision to withhold planning permission, for the development. Where issues have been identified which are material to the application, the Development Plan position would lend a magnitude of support which outweighs those concerns.

6.13 The recommendation to grant planning permission is subject to conditions, which are designed primarily to close off technical constraints associated with safe access, water management, materials, construction work and tree protection measures.

7.0 Exempt Reports

7.1 Is this report exempt? Yes (please detail the reasons for exemption below) No




25


Clackmannanshire Local Plan


9.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

10.0 Legality


11.0 Appendices


None


12.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No

Author(s)


Ian Duguid Development Quality Team Leader

01259 452621

Approved by


Julie Hamilton

Development Services Manager

John Gillespie


26

12 8

1

714

18

16

53

5

13

10

15

11

2

9

12

1

128

1

14

18

1

1816

Kirk Burn

DAIGLEN

WALNUT PARK

BARDS WAY

ARMOUR PLACE

Path (um)

BARDS WAY

LB

292500

292500

292600

292600

292700

292700

6974

00

6974

00

6975

00

6975

00

6976

00

6976

00

1:1,250Scale:



FK10 1EB


Date:05-Dec-2011

11/00296/FULL - Land North Of Armour Place At Bard's Way, TillicoultryErection of 1 No House


Ward: Clackmannanshire North OS Grid Ref: NS 92 97 NE0 5 10 15 20 25

Meters

27

28


Report to Planning Committee of 22nd December 2011

Subject: Erection of Garden Shed (Retrospective) at 6 Newbiggin Crescent, Tullibody, FK10 2RT - (Application No. 11/00298/FULL)

Applicant: Mr Thomas Johnstone

Agent: None

Prepared by: Mark Stoddart (Planner)

Ward Clackmannanshire West

1.0 Purpose

1.1 This is a report of handling on the above application for planning permission. The reports considers the relevant planning policies in the Development Plan, consultation responses and any other material considerations.

1.2 This assessment concludes that the proposal complies with the relevant policies and objectives of the Clackmannanshire Local Plan and that there are no other material considerations which would outweigh this position and justify withholding consent.

1.3 As the Council has an interest in the application for planning permission, the Council's Appointed Officer is prohibited from making a determination. Accordingly, this application is reported to the Planning Committee for decision.

2.0 Recommendations

2.1. It is recommended that the application for planning permission be APPROVED subject to the following condition. Condition 1. The existing concrete block shed to the rear of the house, shall be demolished and removed from the property within 3 months from the date of this decision.


ON THE AGENDA

29

Reason 1. In the interests of residential amenity and to comply with Policy RES 12 of the Clackmannanshire Local Plan. Reasons for Decision. 1. The proposal meets the criteria of Policy RES 12 of the Clackmannanshire Local Plan. 2. The proposal complies with guidance contained in Supplementary Advice Note 8 - House Extensions 3. There are no other material considerations that outweigh the Development plan position. Plan Numbers Relating to the Decision

Plan 1 Location Plan, Plan 2 Block Plan.

3.0 Background to the Proposals.

3.1. This retrospective application for planning permission is for a 3.6m by 3.6m, pitched roof shed to the rear of the house. A 3.6m by 2m, flat roof shed to the side of the new shed will be removed from the garden.

4.0 Consultations

4.1 The Council's Housing section - have confirmed that the house is owned by the Council and that they have no objection to the erection of the new shed or the demolition of the existing one.

5.0 Representations

5.1 21 neighbours were notified of the application. No representations were received.


6.1 The subjects comprise a 2 storey, semi-detached house with a double road frontage. There is a 3 m high wall running from the corner of the house to the west boundary of the property which separates the back garden from the public road. To the front of the wall is a domestic garage with an associated driveway. The new shed is to the rear of the wall, which largely screens the shed from the adjacent public road. The shed is screened from adjacent properties by fences and hedges.

6.2 With the removal of the old shed, over 50% of the rear garden will be unoccupied with buildings. The house also has a large front garden.

6.3 Development Plan Position

30

The relevant policy associated with this proposal is RES 12, Householder developments and Established Amenity, of the Clackmannanshire Local Plan. In that context, we have concluded that :-

• The form and mass of the materials will not have an adverse visual impact on the existing house. The replacement structure enhances the property.

• There will be no overlooking or impact on the amenity or privacy of

neighbouring properties due to the boundary treatments. • The scale and location of the extension will not have any impact on the

amount of daylight or sunlight enjoyed by neighbouring property owners.

• The general amenity of the surrounding area will not be compromised.

• In curtilage parking will not be compromised.


7.1 None.


8.1 Financial Details

8.2 The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

9.0 Exempt Reports - Reasons for Exemption 9.1 This report is not Exempt.



The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all

31

The Council is effective, efficient and recognised for excellence


RES12, Householders Developments, Clackmannanshire Local Plan


11.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations?

Yes No 12.0 Legality


13.0 Appendices


None.



Yes (please list the documents below) No Author(s)


M Stoddart Planner

01259 452626

Approved by


Julie Hamilton

Development Service Manager

John Gillespie


32

Liby

9

53

3

9a

1

2

26

47

18

31

11

4

20

41

12

49

45

39

5

24

48

25

10

43

7

33

1321

37

56

23

14

6

6

2

14

43

47

7

2

53

45

3

9

1

12

12

45

5

1

7

1

531

4

53

1

10

El

El Sub Sta

Sta

Issues

COCHRIE PLACE

NEWBIGGIN CRESCENT

ABERC

RO

MBY PLAC

E

CR

ESC

ENT

CED

ARS

LB

TCB

285900

285900

286000

286000

286100

286100

6946

00

6946

00

6947

00

6947

00

6948

00

6948

00

1:1,250Scale:



FK10 1EB


Date:05-Dec-2011

11/00298/FULL - 6 Newbiggin Crescent, TullibodyErection of Garden Shed


Ward: Clackmannanshire West OS Grid Ref: NS 86 94 NW0 5 10 15 20 25

Meters

33

34


Report to Planning Committee

Date of Meeting: 22nd December 2011

Subject: Street Naming Report for Site at Former Workshops at Greygoran, Sauchie

Report by: John Gillespie, Head of Community & Regulatory Services

1.0 Purpose

1.1. The purpose of this report is to decide the name of a new street.

1.2. In order to assist, the report sets out the results of the consultation exercise seeking a suggested name for a street in Sauchie.

1.3. This development consists of the erection of 16 flats (Phase 1)on the footprint of the former workshops at Greygoran. A proposed Phase 2 will eventually bring the total number of dwellings to 20 and the approved layout lends itself to a single street. A location plan is enclosed at Appendix 2 for ease of reference.

1.4. Following careful consideration of the suggestions, having regard to the criteria for choosing names and although not keeping within the spirit of the Tri-Council Street Naming and Numbering Conventions, it is however recommended that the name identified in paragraph 2.1 be agreed

2.0 Recommendations

2.1. It is recommended that the following name is agreed:

Kippen Place

3.0 Consultations

3.1. Research has been carried out and consultation undertaken in order to identify a suitable name for a new street in Sauchie.

3.2. The consultation and research process involved contacting the local Councillors, the Community Council, local schools and known heritage groups and interests. A full list of the consultees' responses is enclosed at Appendix 1.


ON THE AGENDA

35

3.3. The Royal Mail Address Development Centre has also been consulted and we await their reply. However, early indications are that the recommended name is acceptable. Should an alternative name be chosen, further consultation with the Royal Mail would be required.


4.1. The recommendation does not have any significant sustainability implication. The consultation and research procedure ensures that community participation has been undertaken.


5.1. There are no financial implications with regard to this report.

5.2. The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

5.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes

5.4. There are no staffing implications with regard to this report.

6.0 Exempt Reports

6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No




36


Tri-Council Naming and Numbering Conventions.


8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

9.0 Legality


10.0 Appendices

10.1 Appendix 1 - Consultee returns

Appendix 2 - Location Plan



Yes (please list the documents below) No

Author(s)


ALASTAIR MACKENZIE BUILDING STANDARDS & LICENSING TEAM LEADER

2554

Approved by


JOHN GILLESPIE HEAD OF COMMUNITY & REGULATORY SERVICES

37

38

APPENDIX 1

CONSULTEE SUGGESTION SUPPORTING COMMENTS

The Clackmannan Society

Robert Bald

(An Alloa resident) 18th / 19th century surveyor, mining, civil engineer and social reformer born in Culross. Bald's reputation in all fields mentioned is well recorded in numerous local and national historical documents and writings. His activities in coal mining spheres were very much apparent throughout the Clackmannanshire coalfield where he managed colliers as an agent of the Earl of Mar. As well as his eminence as a mining engineer, Bald is remembered for his caring attitude towards his employees, with genuine concerns about their arduous working conditions. He was very much involved with The Earl of Shaftesbury in bringing about the Mines and Collieries Act of 1842, part of which ensured that coal owners could no longer have females and children under 10 working underground in coal mines.

Sauchie Community Group

Gows Place Crandra Place

Gows builders business was on the proposed site. The group would like a street name from Sauchie's past return i.e. Crandra Row.

Reference Librarian

Cunningham

John Adamson, in his book Sauchie and Alloa: a people's history mentions a "Cunninghams Farm, Main Street, Sauchie". This apparently covered the Sprotwell area and extended to Deerpark. I cannot confirm that it covered the area of the yard but the Cunningham name has not been used for any streeet in the Sauchie area and the apparently had a very long connection with the village, so it might be appropriate.

William & Mary Kippen

Kevin Kippen Drive or Kippen Drive

Mr & Mrs Kippen's son died tragically in a car accident last year. Kevin was a well respected member of the community, who grew up in Sauchie, attended Craigbank Primary School in Sauchie and also worked in Sauchie with Beatsons Building Merchants. He was also well know by Councillor Womersley and Provost Derek Stewart.

Councillor Womersley Kippen Would like to endorse Mr & Mrs Kippen's suggestion.

39

40

APPENDIX 2

41

42

Documents

Clackmannanshire Council Logo · 2021. 1. 17. · Councillor Kenneth Earle, Councillor Walter McAdam MBE. PLA(11)19 DECLARATIONS OF INTEREST Councillor Gary Womersley declared a interest