Report No 841/04
ANGUS COUNCIL
DEVELOPMENT CONTROL COMMITTEE
15 JULY 2004
PLANNING APPLICATION – GARDEN GROUND OF 11 ROSEBANK LANE, FORFAR
REPORT BY THE DIRECTOR OF PLANNING AND TRANSPORT
Abstract: This report deals with planning application No. 04/00773/OUT for the
erection of a dwellinghouse for Ernest Mann on a site at the garden ground of
11 Rosebank Lane, Forfar. This application is recommended for refusal.
1
INTRODUCTION
1.1
Outline planning permission is sought for the erection of a dwellinghouse in the
garden ground of 11 Rosebank Lane, Forfar.
1.2
The site measures approximately 408 square metres and has been formed from the
garden ground associated with 11 Rosebank Lane. The site is very long and narrow
and at its smallest is 9.2 metres wide. The overall length of the plot is 41.6 metres.
The existing house at 11 Rosebank Lane has a plot area of 888 square metres
remaining. The area is residential in nature with a number of large stone built
dwellinghouses. To the north of the site is a boundary with Forfar Cemetery, to the
south is Rosebank Lane and then the Forfar Bowling Club and to the east and west
are residential properties.
1.3
The application is outline in nature and no details have been submitted on the
proposed design of the dwellinghouse. It is proposed that a new access will be
formed which takes access onto Rosebank Lane. Both foul and surface water
drainage are proposed to discharge to the public sewer.
1.4
The application has been advertised as potentially contrary to Policy H5 of the Angus
Local Plan.
2
APPLICANT’S CASE
2.1
No information has been submitted in support of the application.
3
CONSULTATIONS
3.1
The Director of Roads has viewed the plans and has provided the following
comments. The lower half of Rosebank Lane is narrow and cannot therefore sustain
two- way traffic. No footways are provided in parts and therefore the road is shared
by vehicles and pedestrians. A single house development would require visibility
sightlines of 1.8 x 60 metres. The land under the control of the applicant is only 29
metres wide and this visibility requirement cannot be achieved. In view of the above,
intensification of use of this road is undesirable and therefore I would recommend
refusal of the application in the interests of traffic safety.
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4
LETTERS OF REPRESENTATION
4.1
Four letters of representation have been received and are copied at the end of this
report. They make reference to the following points which will be addressed under
Planning Considerations below:•
•
Access along Rosebank Lane does not have capacity to accommodate additional
traffic.
No house has been built in this area of Rosebank Lane since before World
War 2.
•
Development of a house would set a precedent for similar areas in Rosebank
Lane.
•
Overlooking of garden and house at 13 Rosebank Lane.
•
Concerns regarding drainage.
•
Concerns regarding subsistence (dividing wall collapsed previously).
•
Increase in housing density which is out of character with this area.
•
Application site is marginal in achieving a minimum area of 400 square metres.
•
Approval would create risk that a property developer would buy the existing
house and build a number of houses on the site.
5
PLANNING CONSIDERATIONS
5.1
The determining issues to be considered are whether the proposal:•
•
is an acceptable level of development;
is consistent with the Development Plan.
5.2
With regard to the Development Plan, while the Structure Plan does have a number
of general policies relative to this development, it is the Local Plan which provides the
main policy context.
5.3
This site is located within the settlement boundary of Forfar as defined in the Angus
Local Plan. Therefore the site is considered against Policy ENV 5: Development in
Existing Built-Up Areas which states:“Within defined development boundaries planning applications for new development
on sites not identified on the inset Proposals Maps will only be permitted where the
proposals accord with the Development Strategy and other policies of the Local Plan.
Proposals leading to significant loss of amenity and character of the surrounding area
will not be permitted.”
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5.4
The site is located within the development boundary of Forfar. The proposal
therefore complies in principle to Policy ENV 5. Additional assessment is required on
whether the proposal will result in the appropriate development of the site and any
impacts on the wider area.
5.5
Policy H5: Small Housing Sites addresses the development of small infill
redevelopment sites within the settlement boundaries. Policy H5 states”
“Development proposals for residential development on small infill, backland or
redevelopment sites will be assessed on their individual merits taking into account:(a) compatibility with surrounding land uses;
(b) provision of a satisfactory residential amenity;
(c) plot size should be compatible with those in the general area with a minimum
plot size of 400m2;
(d) provision of at least 100m2 private garden ground;
(e) provision of satisfactory and safe access and parking arrangements;
(f) maintain residential amenity and privacy of adjoining housing;
(g) development designed to respect the scale, form and use of materials of
adjacent housing;
(h) provision of acceptable means of foul effluent and surface water disposal.
Criteria (c) and (d) would not be applicable in considering proposals for flatted
developments.”
5.6
In terms of supplementary planning advice further principles are set out in Advice
Note 14: Small Housing Sites. Advice Note 14 identifies a number of criteria against
which planning applications will be considered. These include:Plot Size:- plot area must bear some affinity with the surrounding area, as a general
guide a minimum plot area of 400 square metres is suggested.
Plot Coverage:- proposed house should not cover more than 30% of the plot.
Private Amenity Space:- minimum of 100 square metres allocated.
Distance Between Buildings:- In order to maintain privacy and amenity of
neighbouring residents minimum standards for window to window distances are set
out.
5.7
Policy H5 requires that the plot size should be a minimum of 400 square metres and
be compatible with those in the general area. The size of the application site is
408 square metres. It is not however compatible with the plot sizes of the general
area which are in the region of 1000 square metres. This proposal therefore does not
comply with criterion (c) of Policy H5.
5.8
The plot whilst achieving 400 square metres is very narrow at a maximum width of
10.1 metres. This area of Rosebank Lane is characterised by dwellinghouses set in
substantial plots. The existing house is very close to the boundary of the application
site. I am concerned that a dwellinghouse on this site would appear crammed in and
would not be in keeping with the scale and density of the existing housing in this
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area. The development would not respect the scale of adjacent housing and would
not comply with criteria of Policy H5.
5.9
Criterion (e) requires that access be provided in a safe and acceptable manner. The
Director of Roads has advised that Rosebank Lane is very narrow in places and
cannot accommodate any further intensification. In addition the visibility sightlines
which would be required to service the site cannot be achieved within the land owned
by the applicant. I would therefore support the Director of Roads advice that the
application be refused in the interests of traffic safety.
5.10
The site is located in an area of Forfar which is currently affected by a drainage
embargo. The terms of the embargo prevent any new developments from
discharging to the public sewer. The applicant has stated that both the foul drainage
and surface water drainage be discharged to the public sewer. This is contrary to the
development constraint agreed for the area. The application is therefore contrary to
criterion (h) of Policy H5 as a suitable means of effluent disposal cannot be achieved.
5.11
In conclusion, the site is located within the development boundary of Forfar however,
the proposed site is not considered acceptable in achieving an appropriate residential
environment. This area of Rosebank Lane is characterised by a low density large
dwellinghouses. A new dwellinghouse crammed into a narrow site will look out of
context and will not be in keeping with the character of this area. In addition the
Director of Roads has advised that in the interests of traffic safety the application
should be refused. I would therefore recommend refusal of the application.
6
HUMAN RIGHTS IMPLICATIONS
6.1
The recommendation in this report for refusal of this application has potential
implications for the applicant in terms of his entitlement to peaceful enjoyment of his
possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this
report justifying the present recommendation in planning terms, it is considered that
any actual or apprehended infringement of such Convention Rights, is justified. Any
interference with the applicant’s right to peaceful enjoyment of his possessions by
refusal of the present application is in compliance with the Council’s legal duties to
determine this planning application under the Planning Acts and such refusal
constitutes a justified and proportionate control of the use of property in accordance
with the general interest and is necessary in the public interest with reference to the
Development Plan and other material planning considerations as referred to in the
report.
7
RECOMMENDATION
7.1
It is recommended that the application be refused.
Reasons:
1. That the proposed development is not in accordance with criteria (c), (e), (g) or
(h) of Angus Local Plan Policy H5 : Small Housing Sites.
2. That the proposed development would intensify vehicular use of Rosebank Lane
to the detriment of road traffic and pedestrian safety.
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3. That there is currently a drainage embargo which prevents any additional
discharge to the public sewerage system.
4. That the proposed development will detrimentally affect the character of the
surrounding area.
NOTE
No background papers, as defined by Section 50D of the Local Government (Scotland) Act
1973, (other than any containing confidential or exempt information) were relied on to any
material extent in preparing the above Report.
AA/ER/IAL
6 July 2004
Alex Anderson
Director of Planning and Transport