Steve Rogers – Head of Planning & Regulatory Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
Planning Applications Committee Report
APPLICATION TO VARY CONDITION 2 OF PLANNING PERMISSION 10/P/3/0228
(REMOVAL OF STEEL CONTAINER STORES, STATIC CARAVAN, CANTEEN
BUILDING AND STEEL CONTAINER OFFICE WITHIN 3 YEARS) TO ALLOW
CONTINUED SITING UNTIL 31 MARCH 2018
AT GLENLOY FOREST, HIGH AULDGIRTH
Application Type: Full Planning Permission
Applicant: Mr & Mrs T Coates
Ref. No.: 13/P/3/0392
Recommendation - Approve subject to condition
Ward - Mid and Upper Nithsdale
Hierarchy Type (if applicable) - Major
Case Officer - Patrick Hanna
1
BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the
Planning Applications Committee because it is a Major development.
1.2 The application site extends to approximately 32.5 Ha and is located on the edge of
an afforested upland area 2.1 km north-east of Auldgirth. The site connects to the U492n
public road by means of an established private vehicular access. The site has some tree
cover on it and is bounded by open moorland and upland grazing to the east, south and
south-west and forestry to the north and west. The nearest inhabited residential properties
are located to the north-north-west: Auchencairn Cottage, located 1.5km from the
application site at its nearest point, and Auchencairn Farm, located 1.6km from application
site at its nearest point.
1.3 Planning permission 10/P/3/0392 was granted on 31 August 2010 for permanent use
of the application site as a shooting ground. The siting of a number of temporary structures
(2 no. steel container stores, static caravan, canteen building and steel container office)
was limited by condition to 3 years. The current proposal is for the continued siting of
these for a further temporary period (until March 2018).
1.4 Prior to the above permission, an earlier planning permission 08/P/30632 for the
change of use to shooting ground had been approved in June 2009 by the Nithsdale Area
Regulatory Committee. This was for a temporary period of one year only, to allow noise
monitoring to be carried prior to any permanent permission being granted.
2
CONSULTATIONS
2.1 Auldgirth & District Community Council:- No objection.
In light of the termination of the lease in 2018, Auldgirth & District Community Council have
no objections.
3
REPRESENTATIONS
Objection (2):
Mrs Olive Repton, Auchencairn, Closeburn
Mike Steele, Auchencairn Cottage, Closeburn
3.1 The grounds of objection can be summarised as follows:(a) The conditions originally placed were done so with very good reason and should stand.
The owners have failed to remove the containers and reinstate the site as originally
agreed.
[NB - Further objections have been raised that are not material to the consideration of the
current application, including noise and shooting times. An additional four late
representations were also received, none of which raise any further material matters]
4
REPORT
Relevant development plan policies:Nithsdale Local Plan
General Policy 1 - Development Principle
General Policy 7 - Siting & Design
Material considerations include:Proposed Local Development Plan
Policy OP1 - Development Considerations
Policy OP2 - Design Quality of New Development
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 In September 2013, the Council approved a Proposed Local Development Plan (LDP)
to go forward for examination. Accordingly, the Proposed Local Development Plan is now
a material consideration of some weight. However, in respect of this specific proposal, it is
noted that the applicable policies in the Proposed LDP are not materially different to the
current development plan policies. The relevant LDP policies are quoted above.
4.3 The current proposal is solely for the continued siting of temporary buildings for a
further temporary period. At the time of the original application, the applicant had indicated
that permanent buildings were likely to be required in the future, once the business had
had opportunity to develop. As it was considered inappropriate to allow permanent
permission for temporary structures, the following Condition 2 was attached to the
planning permission:That the 2 no. steel container stores, static caravan, canteen building and steel container
office shown on Site Layout Plan date stamped 13 May 2010 and hereby granted planning
permission shall be removed from the site and the uses discontinued on or before the
expiry of a period of 3 years from the date of this permission. Any works required for the
reinstatement of the land shall be carried out within one month of the expiry of the
permission, in accordance with a scheme for such reinstatement works which shall be
submitted to and approved in writing by the planning authority.
4.4 The applicant has submitted a brief justification for continued siting. This states that the
lease for the land is due to expire in March 2018 and that the landowner has intimated that
this will not be extended as they are in the process of looking to develop the site into a
renewable energy project. Indeed, since the grant of the original permission for the
shooting ground, a planning application has been submitted for a windfarm on an area of
land that includes the application site (12/P/3/0060 - erection of 5 turbines of up to 140m to
tip at land to east of Blackcraig Hill). That application is currently undetermined.
4.5 Given this uncertainty over the long term future of the land, the applicant's justification
is accepted as reasonable. Refusal of the application would result in this remote shooting
ground having no storage or cover / respite, and would clearly make the site difficult to
operate effectively. Furthermore, the erection of permanent structures for a temporary
period would be inappropriate and unsustainable. At the end of the proposed temporary
period, there would be an opportunity to review the circumstances then pertaining, if
necessary. That said, given the length of time that these temporary structures would have
been present, it is difficult to envisage circumstances that would support further retention.
4.6 The permanent use of the site as a shooting ground has been established by the
previous planning permission, and there is no opportunity to revisit the issues around that
original permission such as noise, shooting times, etc.
4.7 The proposal is considered to meet the requirements of the above development plan
policies and, in the absence of any material considerations to indicate otherwise, the
proposal is recommended for approval.
5
RECOMMENDATION
5.1 Approve subject to the following condition:-
2.
That the 2 no. steel container stores, static caravan, canteen building and
steel container office shown on Site Layout Plan date stamped 13 May
2010 and hereby granted planning permission shall be removed from the
site and the uses discontinued on or before 31 March 2018. Any works
required for the reinstatement of the land shall be carried out within one
month of the expiry of the permission, in accordance with a scheme for
such reinstatement works which shall be submitted to and approved in
writing by the planning authority.
[NB - For the avoidance of doubt, with the exception of the above varied
condition, all other conditions attached to planning permission 10/P/3/0228
remain applicable.]
Relevant Drawing Numbers:
Location plan, date stamped 13 May 2010
Typical site layout, date stamped 13 May 2010
Typical site block plan, date stamped 13 May 2010