/ Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

Planning Applications Committee Report

ERECTION OF 10 NO. HOLIDAY ACCOMMODATION UNITS, INSTALLATION OF SEWAGE TREATMENT PLANT AND SOAKAWAY, FORMATION OF ACCESS AND ASSOCIATED WORKS

AT BARDRISTANE FARM, GATEHOUSE OF FLEET, CASTLE DOUGLAS

Application Type: Full Planning Permission

Applicant: Mr P Hussey / Ref. No.: 11/P/2/0210

Recommendation - Approve subject to conditions

Ward - Dee

Hierarchy Type (if applicable) - Local

Case Officer - Judith Turnbull

1 BACKGROUND

1.1 Under the Scheme of Delegation, this application requires to be considered by the Planning Applications Committee, as more than 6 separate and individual objections on material planning grounds were timeously received.

1.2 The application site is adjacent to Bardristane Farm and extends to approximately 1.8ha in area. The farm is located on the north side of the single track U264 and on the south facing slope of Barholm Hill. At present, part of the site lies within the farmyard area and part is in an adjacent agricultural field. The site lies within the Galloway Hills Regional Scenic Area and approximately 1.3km west of the boundary of the National Scenic Area.

1.3 The application is for the erection of 10 chalet style holiday accommodation units adjacent to the farm buildings. 9 units would be located to the west of the farm and 1 unit would be on an area to the east of the existing farm buildings in front of the existing farmhouse. To accommodate the proposed development, some of the existing farm buildings to the north-west of the former steading building would be demolished. The holiday units would be accessed by two access roads; the 9 westerly units would utilise a new access which would be formed adjacent to the to former steading building and the single unit would share an existing access with the farmhouse. One parking space would be provided adjacent to each unit and additional parking area for 10 vehicles would be located in the centre of the development. The access roads and proposed parking areas would be finished in compacted and graded grey stone chippings.

1.4 The proposed units to the west of the farm would be Type A, three bedroom units with either left or right hand entrances. The single unit to the east of the farm would be Type B. Both types would have a footprint 70m² and 19m² of external decking. Type A units would have a height to eaves of 6.00m and Type B would be 5.80m. The walls of the units would be finished with vertical softwood larch lap boarding brown stained, and the pitched roofs with natural slate. The windows would be softwood with microporous stain 'mustard / maize' colour. The substructure would be finished in 'off white' self-coloured render.

1.5 The landscape in this area is designated as Upland Fringe in the Dumfries and Galloway Landscape Assessment. This type of landscape consists of high gently rolling pastures with a mix of both rough and improved grassland. The landscape around the application site consists of mainly improved grassland in field plots and in accordance with the description of this landscape type the area has a feeling of upland exposure but is well treed and settled.

1.6 It is proposed to treat the wastewater from the development by two separate treatment systems. That from the cluster of 9 units would be treated by a 60 person treatment plant located in the field on the opposite side of the U264 and then into soakaway areas. The waste water from the single unit would drain into an existing septic tank and drainage field with spare capacity to accommodate this additional unit. It is intended to sink a new borehole which would provide a water supply to the proposed development.

1.7 Previous planning history includes the following applications:-

05/P/2/0217 - the erection of stable block, tack room, hay store and formation of new access on adjacent land to the west of the application site belonging to Drumbain House. Granted conditionally 6 July 2005.

06/P/2/0204 - the alterations, extensions and change of use of steading buildings to form 5 dwellinghouses and associated works, granted conditionally 18 October 2006. This work has commenced.

07/P/2/0024 -extension to Bardristane Farmhouse granted conditionally 22 March 2007.

2 CONSULTATIONS

2.1 Council Roads Officer:- No objection subject to conditions.

2.2 Scottish Water:- No response.

2.3 Transport Scotland:- No objections.

3 REPRESENTATIONS

Objection (7):

Ms Janet Barrie, Barholm Farm, Gatehouse of Fleet, Castle Douglas
Mrs D Davies, High Auchenlarie Cottage, Gatehouse of Fleet, Castle Douglas
Stephen & Hazel Groome, Honeysuckle Cottage, Gatehouse of Fleet, Castle Douglas
Mr E Johnstone, High Auchenlarie, Gatehouse of Fleet, Castle Douglas
Mrs W Johnstone, High Auchenlarie, Gatehouse of Fleet, Castle Douglas
Mr D McCallum, Holecroft, Castle Douglas
Mr & Mrs McCreath, Drumbain, Gatehouse of Fleet, Castle Douglas

3.1 The points of objection received can be summarised as follows:-

(a) Concerned about shared water supply from applicant's land and possible contamination of this as a result of this development.

(b) Concerned about sewage waste that will be generated by this development. The stream by the land would not be suitable for the additional effluent created by this development. Possible run-off would contaminate adjoining land. The soakaway is close to existing properties. The current system put in last year floods when it rains.

(c) Increase in traffic would create major safety concerns as there would be too much traffic on the road. The U264 is single track and in some places in very poor condition. It is used by heavy farm traffic, movement of livestock and pony trekking.

(d) Inappropriate design and materials which would have unacceptable impact on the landscape.

(e) The property has no mains water supply.

4 REPORT

Relevant development plan policies:-

Dumfries & Galloway Structure Plan

D23 - Tourist Development

D24 - Caravan & Chalet Development

D27 - Development of Agriculture

E2 - Regional Scenic Areas

Stewartry Local Plan

General Policy 1 - Development Principle

General Policy 2 - Development Considerations

General Policy 7 - Siting & Design

General Policy 24 - Farm Diversification

General Policy 33 - Tourist Facilities & Accommodation

General Policy 42 - Regional Scenic Areas

General Policy 60 - Water Sewerage & Drainage Provision

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise, to be made in accordance with that plan”.

4.2 The relevant Development Plan policies are those listed above. The key considerations in the assessment of the proposal relate to the principle of a new chalet development at this location, the scale and design of the proposed development and the associated visual and landscape impacts, road safety impacts, and the likely impacts of the development on existing neighbouring amenity.

4.3 For clarification, the primary policy test is established by Structure Plan Policy D24 - Caravan and Chalet Development, supplemented by Stewartry Local Plan General Policy 33 - Tourist Facilities and Accommodation (they essentially establish the same general tests). It is noted that these policies do not seek to assess or establish demand levels in order to justify a proposal. Structure Plan Policy D24 (and Stewartry Local Plan General Policy 33), generally encourage and support new tourist accommodation and facilities. Policy D24 sets the following tests:-

(1) sites should either be associated physically with farm buildings or hotels or should form an integral part of a proposed comprehensive recreational scheme;

(2) the development should be integrated into the surrounding landscape. Proposals should demonstrate that where appropriate screening can be effective at an early stage;

(3) sites should not be situated on visually exposed sites on sand dunes;

(4) the site layout incorporates an appropriate internal landscape scheme including areas of open space and adequate car parking;

(5) access of a suitable standard should be provided on a road capable of accommodating, in safety the type of traffic to be generated; and

(6) the provision of adequate water supply drainage and sewage disposal facilities to SEPA’s requirements.

4.4 Structure Plan Policy D23 refers to tourist development generally. It does not seek to establish the balance between agricultural and non-agricultural activities where the proposal is applicable to a farm. Stewartry Local Plan General Policy 24 - Farm Diversification, states a presumption in favour of diversification where the proposal is operated as part of the agricultural unit and is compatible with the continuation of the agricultural operations. Again, no reference is made to the 'balance' of agricultural with non-agricultural activities. Consideration of the proposal relative to Regional Scenic Area policy, design policy and general consideration logically follow should the principle of the development be considered acceptable.

4.5 The application site is located adjacent to the original farm steading and therefore is considered to be 'physically associated' with farm buildings. The development would be located on a south facing sloping site on a relatively low lying area of land. The units would follow the natural contours of the land thus minimising underbuilding and integrating the development into the surrounding landscape. Partial screening of the units would be provided by the existing traditional steading building. Although the drawings submitted show landscaping, including open space areas, car parking and proposed planting around the units, it would be appropriate to recommend landscaping conditions. This would mitigate the effect of the proposed development in this rural setting and enable the planting / landscaping scheme to be agreed in more detail. It is considered that the principle requirements, as stated by Structure Plan Policy D24, are satisfied by the proposal.

4.6 The consultation response received from the Council Roads Officer raises no objection to the proposed accesses subject to conditions regarding trapping, and visibility areas and surfacing. The applicant would also be required to agree the locations of and provide 4 passing places on the U264 road prior to any works being carried out on the development. Transport Scotland have not objected to the application nor recommended any conditions.

4.7 The percolation test results submitted suggest that the proposal can be adequately served by a soakaway arrangement (this would be subject to detailed approval at the Building Warrant stage and regulated by SEPA). It is proposed to provide a potable water supply by means of a bore hole within the site and this should be conditioned.

4.8 With regards to the design and detail of the proposal, the accommodation units would be modest in scale and would utilise natural materials that would complement the countryside setting. The proposed new access track would not have a significant landscape impact although the landscape condition would ensure that boundary treatment of the roads e.g. hedges, dykes etc are appropriate to the setting. Subject to the suggested landscaping conditions, the development would have no significant detrimental effect on the character and appearance of the countryside and would accord with Structure Plan Policy D24 and Local Plan General Policies 7 and 33.

4.9 Given the above, the sympathetic approach to the design and siting of the chalets, the new access (with public road improvements) and parking and landscaped areas ensures compliance with the requirements of the quoted policies concerning Regional Scenic Area.

4.10 The proposal represents a positive diversification of the agricultural activities at the farm whilst farming activities are maintained therefore the policy is considered to accord with Structure Plan Policy D27 and Local Plan General Policy 24.

4.11 As is standard practice for this type of development, an occupancy condition should be attached limiting occupation of the holiday accommodation units for tourist use only.

4.12 In conclusion, the proposal is considered to be compliant with the provisions of the stated Development Plan Policies and as there are no material considerations which override the presumption in favour of a determination in accordance with the terms of the development plan, it is recommended that this proposal be approved.

5 RECOMMENDATION

5.1 Approve subject to the following conditions:-

1. / That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting and hard landscaping has been submitted to and approved in writing by the Council as planning authority. The scheme shall include all grassed areas, hedges, retained trees and other retained vegetation, details of changes to existing levels, hard surfacing, walls, fences and other means of enclosure, formation of banks, terraces or other earthworks. The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting and initial maintenance to aid establishment. The scheme shall also detail the specification of the materials and colours to be used in respect of any hard surfaces, walls, fences or external structures.
2. / That such scheme as may be so approved in respect of Condition 1 above shall be implemented in the first planting season following the completion or occupation of the development hereby granted planning permission. Thereafter, all trees and shrubs forming part of the approved scheme shall be maintained and replaced where necessary to the satisfaction of the planning authority for a period of not less than 10 years. No trees forming part of the approved scheme shall be pruned or lopped during the 10 year period following planting without the prior written approval of the planning authority.
3. / That no development in respect of this planning permission shall take place unless precise details of the private water supply to serve the development have been submitted to and approved in writing by the planning authority (in consultation with Environmental Standards). The development hereby granted planning permission shall not be brought into use unless connection to the private water supply has been implemented in full accordance with such details as may be so approved and is fully operational to the satisfaction of the planning authority.
4. / That no construction work in respect of this planning permission shall take place unless the precise location and constructional details for 4 passing places on the U264 public road have been submitted to and agreed in writing by the Council as planning authority (in consultation with the roads authority). The development hereby granted planning permission shall not be brought into use unless the said passing places have been formed in accordance with the agreed details.
5. / That no construction work in respect of this planning permission shall take place unless the first 5 metres of the new accesses from the U264 public road have been surfaced in bituminous materials (or such other material as may be agreed in writing by the planning authority).
6. / That the development hereby granted planning permission shall not be brought into use unless visibility areas have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-
(a) measured 2.4 metres back along the centre line of the new accesses from the nearer edge of the main carriageway; and
(b) measured 90 metres from the centre line of the new accesses along the nearer edge of the carriageway of the U264 public road.
7. / That the development hereby granted planning permission shall not be brought into use unless everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 6 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas.
8. / That the development hereby granted planning permission shall not be brought into use unless the access has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public roads or into the site from the public road.
9. / That the development hereby granted planning permission shall not be brought into use unless the off-street car parking / turning areas shown on the approved drawings have been formed in complete accordance with the said drawings or such other drawings as may be approved in writing for the purpose by the planning authority. Thereafter, the said parking / turning areas shall be kept clear from obstruction and shall be retained only for that purpose for the lifetime of the development.
10. / That none of the holiday accommodation units hereby granted planning permission shall be occupied as the sole or main residence of the occupant and they shall be used for holiday use only. The said holiday accommodation units shall not be occupied by any one family, individual or group, for more than 2 months in any one calendar year. The operator of the said holiday accommodation units shall maintain a register of guests (including the name, address, dates of arrival and departure) of those staying at the holiday accommodation units. This guest register shall be submitted to the Council as planning authority on or within the two weeks before the 31st January of each calendar year, for inspection.

Relevant Drawing Numbers: