PP20100309Item08aScotus.doc STIRLING COUNCIL THIS REPORT RELATES TO ITEM 8(a) ON THE AGENDA PLANNING PANEL PLANNING REGULATION & WASTE 9 MARCH 2010 NOT EXEMPT ALTERATION, EXTENSION AND CONVERSION OF OLD SCHOOL TO FORM 3 DWELLING HOUSES WITH PRIVATE PARKING AND EXTENDED ACCESS AT 3 MAIN STREET, KILLEARN, G63 9RJ - SCOTUS INVESTMENTS LTD - 09/00533/FUL 1 SUMMARY 1.1 This Application has been brought to Planning Panel as the Council has a financial interest in the site, due to the conditions of sale. In addition there has been a significant number of objections received, the level of public interest in the site has been high and due to the level of public interest in the Application 09/00045/FUL which was for the creation of a road into the site. This Application was the subject of a Hearing on the 23 April 2009, and was subsequently approved. 1.2 The aforementioned Application 09/00045/FUL was the subject of a Hearing at Planning Panel in April 2009. During the determining stage of this Application 28 letters of objection were received. A site inspection by the Panel was also conducted. The Application was approved limiting the number of dwellings serviced by the road to 4. There are 2 existing properties. 2 RECOMMENDATION(S) 2.1 To refuse this Application for the following reason: (a) The proposed development cannot achieve an adequate means of access. Application 09/00045/FUL approved the formation of an access road. As part of the approval, a Condition was imposed to ensure that the proposed road would not have a detrimental impact on the road safety within the area. The Condition stated that the proposed road would not serve more than 4 dwellings. Currently there are 2 existing dwellings. The proposal would mean the road would serve 5 dwellings and would not be in compliance with the recently imposed Condition relating to the site.
Transcript
PP20100309Item08aScotus.doc
STIRLING COUNCIL
THIS REPORT RELATES TO ITEM 8(a) ON THE AGENDA
PLANNING PANEL
PLANNING REGULATION & WASTE
9 MARCH 2010
NOT EXEMPT
ALTERATION, EXTENSION AND CONVERSION OF OLD SCHOOL TO FORM 3
DWELLING HOUSES WITH PRIVATE PARKING AND EXTENDED ACCESS AT 3 MAIN STREET, KILLEARN, G63 9RJ - SCOTUS INVESTMENTS LTD - 09/00533/FUL
1 SUMMARY
1.1 This Application has been brought to Planning Panel as the Council has a financial interest in the site, due to the conditions of sale. In addition there has been a significant number of objections received, the level of public interest in the site has been high and due to the level of public interest in the Application 09/00045/FUL which was for the creation of a road into the site. This Application was the subject of a Hearing on the 23 April 2009, and was subsequently approved.
1.2 The aforementioned Application 09/00045/FUL was the subject of a Hearing at Planning Panel in April 2009. During the determining stage of this Application 28 letters of objection were received. A site inspection by the Panel was also conducted. The Application was approved limiting the number of dwellings serviced by the road to 4. There are 2 existing properties.
2 RECOMMENDATION(S)
2.1 To refuse this Application for the following reason:
(a) The proposed development cannot achieve an adequate means of access. Application 09/00045/FUL approved the formation of an access road. As part of the approval, a Condition was imposed to ensure that the proposed road would not have a detrimental impact on the road safety within the area. The Condition stated that the proposed road would not serve more than 4 dwellings. Currently there are 2 existing dwellings. The proposal would mean the road would serve 5 dwellings and would not be in compliance with the recently imposed Condition relating to the site.
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3 CONSIDERATIONS
The Site
3.1 The proposed development site is situated within the village of Killearn. The proposed site is situated within the Killearn Conservation Area to the north of Number 3 Main Street, Killearn.
3.2 The site sits behind numbers 1 and 5 Main Street, which both have road frontages. These are situated to the south of the site. To the north is open farmland, to the west are the properties within the Conservation Area on Balfron Road. Calibae House and open green space sits to the east.
3.3 The site is currently accessed by a small lane that runs between numbers 1 and 3 Main Street, Killearn. However, an Application for the creation of an access road was submitted and approved in April 2009. This permission had a Condition imposed that the road proposed shall not service more than 4 dwellings. A further Application for the creation of 2 dwelling has also been submitted. This site is situated to the north of the Old School.
The Proposal
3.4 The proposal is for the conversion and extension of the Old School, Killearn. The proposal is to convert the existing building into 3 dwellings. The building is largely sandstone, with a slate roof, however there are modern extensions which are finished in more modern materials.
3.5 The existing building will require modernisation and alterations to not only make it habitable but to also allow for residential use. None of the proposed alterations are deemed to be detrimental to the building and where there is a lack of detail or further information required, Conditions can be imposed addressing the issues.
3.6 The existing building creates around 380 square metres in floor area. The building at present measure approximately 8.5 metres in height. This will not be increased in height but as part of the conversion an upper floor will be created, with dormers installed. The scale and type of extension proposed are deemed to have a positive impact on the amenity of the Conservation Area, in terms of size, scale, materials etc.
Previous History
3.7 The site has a boundary with a recently approved Application. Application 09/00045/FUL was for the creation of an access road which will service the proposed development. This Application was recently heard at Planning Panel and subsequently approved. A Condition was imposed which stated that the road would not service more than 4 dwellings.
3.8 There is a current Planning Permission in Principle Application for the erection of 2 dwellings to the rear of 3 and 5 Main Street, Killearn (09/00534/PPP). This site is also proposed to be serviced by the previously approved road. The site sits to the north of the proposed development site but the site as it stands can currently be viewed as a whole.
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Development Plan Policy
Stirling Council Local Plan 1999
3.9 POL.E34 The Council wishes to preserve and enhance the architectural and landscape qualities of Conservation Areas and Listed Buildings. Within Conservation Areas and the grounds of Listed Buildings, the Council will not generally permit:
(a) new development in the gardens and grounds of existing buildings.
When new development is necessary there will be a preference for the conversion, adaptation or sympathetic extension of existing properties which contribute positively to the surrounding area;
3.10 POL.E35 In seeking to preserve and enhance the character and appearance of Conservation Areas the Council will require all new development within Conservation Areas, including redevelopment, to preserve or enhance the character and appearance of the Conservation Area. All new development, including redevelopment, should:
(b) accord with the special architectural and visual qualities of the
Conservation Area, having particular regard to; the density and pattern of existing development; the architectural style, massing and materials used in surrounding buildings; means of access and boundary and landscape treatments such as walls, trees and hedges;
3.11 POL.E38 Within Conservation Areas there will be a general presumption in favour of the retention of all buildings and other features which make a positive contribution to the architectural, townscape, or historic character of the area. Where demolition is proposed, this will only be considered by the Council where suitable detailed proposals for the redevelopment of the site are provided simultaneously with an application for development.
Stirling Council Local Plan (as altered), August 2007
3.12 Policy H12 Alterations and Extensions In order to protect the amenity and character of existing residential areas the Council will: (a) Ensure that any alterations or extensions to existing buildings reflect
the guidance in the DAN – ‘House Extensions’; are sympathetic to the design, scale and massing of the original building; and reflect the character of the area in general. Policy ED5 on Changes of Use and Working from Home may also be relevant.
(b) Support the subdivision of large houses to ensure their retention as dwellings, provided that the design is acceptable and the intensification of use will not adversely affect the residential amenity of the area.
(c) Permit the conversion of non-residential buildings for residential use where this would make a positive contribution to the amenity and character of the area.
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(d) Generally oppose any new developments in or affecting residential areas which
(e) Would have an adverse affect on residential amenity.
Clackmannanshire and Stirling Local Plan: Policy ENV6: The Historic and Built Environment
3.13 The Councils will seek to ensure that cultural heritage resources are recognised, recorded, protected and enhanced as appropriate, and that new development respects and contributes to the character and quality of the area. More particularly:- (a) All development within or likely to affect a Conservation Area should
preserve or enhance the special character or appearance of the Area. Proposals which will detract from this character including the unjustified demolition of buildings that contribute to the character or appearance of Conservation Areas will not be permitted.
Assessment
3.14 The proposals are deemed to comply with Policy E34 of the Stirling Council Local Plan 1999. The proposed adaptation and sympathetic extension of existing property is judged to contribute positively to the surrounding area. The proposals will bring a substantial building which is currently in a poor state of repair within the Conservation Area, back into use.
3.15 The proposals are deemed to accord with Policy E35 of the Stirling Council
Local Plan 1999. The proposals enhance a once focal point building of the village, rehabilitate it and improve it in an Architectural style which can be viewed as being in keeping with the original fabric of the building.
3.16 POL.E38 of the Stirling Council Local Plan 1999 states: Within Conservation
Areas there will be a general presumption in favour of the retention of all buildings and other features which make a positive contribution to the architectural, townscape, or historic character of the area. The existing building has been a focal point for the community for decades and its retention, preservation and conversion are all deemed to be positive for the building itself and the Conservation Area as a whole.
3.17 The proposed extension and conversion of the Old School, is deemed to
comply largely with Policy H12 of the Stirling Council Local Plan (as altered), August 2007. The proposals will contribute to the amenity and character of the building and will not have a detrimental impact on the neighbouring amenity.
Objections
3.18 12 letters of objection have been received regarding this Application. The points of representation received are detailed below;
(a) This Application means that the Condition relating to the number of dwellings to be able to use it will not be met.
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(b) In any case the Applicant doesn’t own the land where the road is permitted to be developed, and permission will not be given for it to be developed.
(c) The removal of trees will have a detrimental impact on the amenity of the properties at Calibae.
(d) The land and building was sold on the basis that the site can only accommodate 2 dwellings.
(e) Wishes the old school to be developed, it is an eyesore at present and attracting an undesirable element. However this must be done in keeping with the Council restrictions and also regard for other peoples legitimately owned property.
(f) Accept that appropriate development of the Old School is both desirable and inevitable. However, the proposal relies on access arrangements the Conditions of which have not been met.
(g) The building of more houses will increase the need for an access road. The proposed access road is to be built across land which belongs to the residents of Calibae Court and 5 Main Street, Killearn under title number STG 60358.
(h) Understand there has been an agreement between Scotus and the Council regarding more money being paid as and when additional Planning is granted. I fail to see how this can have made for a fair sale of the property if the developer were unaware that they could “buy” additional Planning Permission for the area. Wish to see this old school developed, but properly and within proper guidelines, not seen to be favouring one party over others.
(i) Plans show a new window cut into the gable end of the old school. This would overlook our property.
(j) Do not object to the principle of a tasteful alteration of the old school however cannot stress my objection to the use of the new access road strongly enough. The condition imposed on application 09/00045/FUL restricting the number of properties allowed to use the access, was done so for a reason.
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4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS
Policy Implications Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Corporate/Service Plan No Existing Policy or Strategy No Risk No Resource Implications Financial Yes People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes
Policy Implications
4.1 As detailed within Paragraph 2.1, the proposals do accord with the relevant Development Plan Policies.
Resource Implications
4.2 There are no resource implications associated with this Planning Application.
Consultations
4.3 Killearn Community Council:
(a) New road shall be used to serve 4 houses which exceeds original permission as was only 2 houses.
(b) Note Condition 18 re Planning Panel Decision on 4 June 2009.
4.4 Roads, Transport & Open Space Transport Development: I draw your attention to the companion Planning Application (Planning Ref: 09/00533/FUL) submitted simultaneously with this proposal and would indicate that this proposal to erect a further two dwelling houses off an extension to a previously consented private access road (Planning Ref: 09/00045/FUL) exceeds the requirement to comply with existing roads policy which limits the use of a private access road to not more than 4 dwelling houses. In this instance, new access provision would be to the existing two properties at 1 & 5 Main Street plus five additional properties, three of which are associated with the parallel Planning Application for the conversion of the old school building (Planning Ref. 09/00533/FUL). I would ask you to note that this access policy only allows for the provision of two additional dwelling houses on this site unless the proposed new access road is brought up to an adoptable standard.
Based upon the above, I would indicate that this Service must recommend that Planning consent be refused.
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4.5 Service Manager (Environmental Health): This Application relates to the alteration, extension and conversion of old school to form 3 dwelling houses with private parking and extended access (Stage 2) at 3 Main Street, Killearn.
I have no adverse comments to make regarding this Application provided the usual noise conditions are adhered to.
In view of the proximity of residential property to the location of the proposed site the hours of construction/demolition work shall be limited as follows:-
Monday to Friday 8.00am - 6.00pm
Saturday 9.00am - 1.00pm
With no working out with these hours or on Sundays or public holidays.
5 BACKGROUND PAPERS
5.1 Planning Application file 09/00533/FUL. File can be viewed online at:
