2.1. The application is recommended for APPROVAL subject to the undernoted conditions:

Transcription

1 CLACKMANNANSHIRE COUNCIL THIS PAPER RELATES TO ITEM 04 ON THE AGENDA Report to Planning Committee Date of Meeting: 12th May 2011 Subject: Planning Application 11/00071/FULL - Change of Use of Public Open Space to Private Garden Ground on land adjacent to 111 Alloa Road, Tullibody - Report of Handling Report by: Grant Baxter, Principal Planner 1.0 Purpose 1.1. This is a report of handling of the above planning application. The report assesses the proposed development in the context of the Clackmannanshire Development Plan and other material considerations including consultation responses. The report makes a recommendation to Committee based on this assessment The Council has an interest in the planning application as owner of the application site, and this is the reason for the application being reported to Committee for a decision. 2.0 Recommendations 2.1. The application is recommended for APPROVAL subject to the undernoted conditions: 1. Within three months of the date of this permission, details of boundary fencing position, design, height, finish, and timescale for implementation shall have been submitted to and approved in writing by the Council. Thereafter, such fencing shall be completed within the approved timescale. 2. Within three months of the date of this permission, details of proposed hard surfaces type and finish and timescale for implementation shall have been submitted to and approved in writing by the Council. Thereafter, such surfacing shall be completed within the approved timescale. Reasons for Conditions 1. In the interests of visual amenity. 2. In the interests of visual amenity. 2.2 Reasons for Decision 3

2 1. The application is in accordance with relevant provision of the Clackmannanshire Development Plan. 2. There are no other material considerations that would justify withholding planning permission. 3.0 Considerations 3.1. Background to the Proposals 3.2. The site is a small (72.7sqm) and narrow area of land, that forms part of a larger area of grassed open space adjoining No. 111 Alloa Road, Tullibody. The owner of this adjoining house wishes to purchase the site from the Council and incorporate it into their garden for use as off-street parking. A dropped kerb footway crossing is already in place, and it is proposed that a low wall and timber fence boundary treatment around the existing house plot would be removed and a new fence erected around the extended garden if approval is granted The applicant is currently dealing with the Council's Property Services in respect of the purchase of the application site Consultations 3.5. Land Services: No objections in principle, and note that the application is retrospective. Comment: Whilst the application is not being made retrospectively as Land Services suggest, the area is currently being used informally for parking, presumably by the applicant Publicity and Representations 3.7. A total of five neighbouring properties have been notified of the application and a Neighbour Notification Advertisement was placed in the Alloa Advertiser on 6th April In response, there have been no representations to the application Planning Considerations 3.9. The site is a small and narrow section of a much larger area of open space lying to the north and east of Alloa Road, Tullibody. The site in question lies within the settlement boundary of Tullibody, as identified by the Clackmannanshire Local Plan, adopted The application requires to be considered against relevant provisions of the Local Plan, and in this case, Policy EN 11 Enhancing Environmental Quality, Policy RES 8 Amenity Standards and Policies RES 9 and RES 10 Open Space apply Policy EN11 requires new developments to be sensitively designed, and wherever possible to enhance their surroundings, for example through high quality landscaping and boundary treatment. In this case, the proposals include the renewal of boundary treatment facing onto Alloa Road, albeit partially screened by trees, and therefore offer the opportunity to visually enhance the site. 4

3 3.12. Policy RES 8 seeks to ensure adequate standards of amenity for houses. In this case, the application will provide a house with additional garden ground and off-street parking, and will therefore enhance the amenity of that property. As the site does not adjoin any other residential properties, there would be no loss of amenity to any other residents as a result of the proposals In respect of Policies RES 9 and RES 10, a small amount of open space would be lost to private garden ground. This loss is of a narrow strip adjoining an existing house, and which is part of a much larger area of informal open space, the value of which would be largely unaffected by the proposals. In addition, this is the only house in the surrounding area that could benefit from such a proposal in this way as it adjoins the open space to the side, and public road to the front, thereby giving the opportunity for off-street parking to be provided in the manner proposed. The application does not therefore appear to set any undesirable precedent for the loss of valuable open space to private garden in the immediate vicinity or elsewhere The main material consideration to the application is the consultation response from Land Services, who maintain the area, and indicate no objections to the proposals Summary The application is in accordance with relevant development plan policies, and there are no material considerations that would otherwise indicate that it should not be approved. 4.0 Sustainability Implications 4.1. None 5.0 Resource Implications 5.1. Financial Details 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. Staffing 6.0 Exempt Reports 6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No 7.0 Declarations 5

4 The recommendations contained within this report support or implement our Corporate Priorities and Council Policies. (1) Our Priorities (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) 8.0 Equalities Impact 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 9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes 10.0 Appendices 10.1 Please list any appendices attached to this report. If there are no appendices, please state "none". Plan 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 Clackmannanshire Local Plan 2004 Consultation Responses 6

5 Author(s) NAME DESIGNATION TEL NO / EXTENSION Grant Baxter Principal Planner Approved by NAME DESIGNATION SIGNATURE John Gillespie Head of Community & Regulatory Services 7

6 8

7 Sta BLACKMUIR PLACE m THE BRAES m Shelter ALLOA ROAD m NORTHWOOD ROAD Date: 3-May /00071/FULL Alloa Road, Tullibody Change Of Use Of Public Open Space To Private Garden Ground Ward: Clackmannanshire West Meters Scale: Reproduced by permission of Ordnance Survey on behalf of HMSO. Crown copyright and database right All rights reserved. Ordnance Survey Licence number OS Grid Ref: NS NE 1:1,250 Services to Communities Kilncraigs Greenside Street Alloa FK10 1EB Tel: Fax: development_services@clacks.gov.uk

8 10