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Mabie Potential for 2 well integrated units to the west of Brileen, careful consideration needs to be given to the design of any new build as the group is located within the National Scenic Area. ..i \ !. \ I I '- .... _,_._..- ..... - _...- i - ..... _..__, . -- ._._ .... .-:. -2..Q..,, '..."... ".. ! Jlabie House Hotel ! DMMI~TEE REPORT PLANNING & ENVIRONMENT COMMITTEE io FEBRUARY 2004

i I Mabie , . ..-- i ' .. Potential for Brileen, careful ...egenda.dumgal.gov.uk/aksdumgal/images/att20394.pdf · Mabie as a Small Building Group (General Policy 16a) to be retained

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Mabie Potential for 2 well integrated units to the west of Brileen, careful consideration needs to be given to the design of any new build as the group i s located within the National Scenic Area.

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Jlabie House Hotel !

DMMI~TEE REPORT PLANNING & ENVIRONMENT COMMITTEE i o FEBRUARY 2004

5B Report Planning and Environment 10 February 2004

OO/P/30304 OUTLINE PLANNING PERMISSION FOR ERECTION OF TWO DWELLINGHOUSES AND GARAGES AND INSTALLATION OF SHARED SEPTIC TANK AND SOAKAWAY AT BRILEEN, MABIE, DUMFRIES

I RECOMMENDATION - Approve OO/P/30304 subject to conditions

1. Background 1 .I At the Nithsdale Area Regulatory Committee meeting of 17 December 2003, the Committee considered representations made in respect of the identification of Mabie as a Small Building Group (General Policy 16a) to be retained in the Finalised Nithsdale Local Plan. After agreeing to recommend to the Planning and Environment Committee that Mabie be retained in the Local Plan, but only on the basis of development being restricted to the land between Brileen and the Forestry Commission yard, the Committee went on to consider OO/P/30304 and was minded to approve it in accordance with the recommendation and subject to a number of conditions. 1.2 The proposal complies with the Finalised Nithsdale Local Plan. However the inclusion of Mabie as a Small Building Group was only introduced at the Finalised stage of this Plan and representations against this inclusion have not yet been considered by the Planning and Environment Committee. 1.3 The reports considered by the Area Regulatory Committee are attached as Appendices I and 2.

2. Report Policy Framework 2.1 The substantive policy issues in determining this application are:- (a) Whether or not Mabie should be retained as an identified small building group (General Policy 16a) in the Finalised Nithsdale Local Plan, but only with development options being restricted. (b) If so, whether planning application OO/P/30304 complies with the terms of the policy relating to development in a small building group. 2.2 In the Nithsdale Consultative Draft Local Plan (dated February 1999), Mabie was not included as a Small Building Group. However, in the Finalised Nithsdale Local Plan which was published in January 2003, following a review of all Small Building Groups in Nithsdale area, Mabie was included on the list. 2.3 Objections were lodged to the inclusion of Mabie as a Small Building Group in the Finalised Nithsdale Local Plan. Although both the Area Committee and the Planning and Environment Committee have approved this Plan for publication, neither Committee has yet considered the representations made in respect of this stage of the Local Plan Process. As Mabie was not included as a Small Building Group in the Consultative Draft Local Plan, before determining this application the Area Committee needed to first consider the objections to the allocation as a Small Building Group before it could determine outline planning applications which had been submitted, OO/P/30304 and 03/P/30331 respectively. It should be noted that OO/P/30304 was refused at the Area Committee in accordance with the recommendation. Furthermore, the Area Committee could not take a final decision

Report Planning and Environment 10 February 2004

on either matter as the Planning and Environment Committee retains the final decision-making powers in terms of the content of the Local Plans. 2.4 The Nithsdale Area Regulatory Committee considered the representations against Mabie as a Small Building Group (which are set out in paragraph 3.7 of Appendix 2 to this report) and resolved to recommend that Mabie be included as a small building group with restricted option of development in the Finalised Nithsdale Local Plan. 2.5 The Area Committee went on to consider the merits of OO/P/30304 which had been submitted in respect of two dwellinghouses between Brileen and Forestry Commission Offices and with a recommendation to approve. The Committee decided to recommend that this application be approved subject to conditions. 2.6 This Committee is recommended to approve OO/P/30304 in accordance with the Area Regulatory Committee’s recommendation.

5B

3. Recommendation Approve OO/P/30304 subject to conditions : 1. Outline Commencement 2. Compliance with Plans 3. 4. Reserved Matters - Layout 5. Reserved Matters - Design 6. Reserved Matters - External Appearance 7. Reserved Matters - Landscaping 8. The existing boundary hedge adjacent to the access track shall be retained at all times subject only to it being breached to the minimum extent necessary to provide suitable individual access to each dwellinghouse. In the event that there is material loss of hedging, replacement hedging shall be planted in terms of the requirements of condition 7 above. 9. The visibility area(s) shall be provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows :- (a) measured 2 metres back along the centre line of the access from the nearer edge of the main carriageway ; and (b) measured 30 metres from the centre line of the access along the nearer edge of the carriageway of the main road. I O . That before the development is completed or brought into use, everything exceeding 1.05 metres in height shall be removed from the visibility areas referred to in condition 9 and thereafter nothing exceeding 1.05 metres in height as measured from the adjoining carriageway level shall be grown, placed or erected within the visibility areas. 1 I. That the dwellinghouse shall be served off the back of a double lay-by 15m in length at the back 2.5m in depth measured from the edge of the carriageway of the private road with entry and exit tapers of 45 degrees and a I in 40 gradient falling away from the private road and shall be constructed to the standard in Technical Advice Note no. 2 prior to occupation of either of the houses. 12. Notwithstanding the provisions of conditions 5 and 6 above, any application for approval of these reserved matters shall be for single or one and half storey dwellinghouses of a style, character and appearance which is amrotxiate to this rural location.

Further Applications Required (4 to 7)

5B Report Planning and Environment 10 February 2004

David Bell Hillard Anderson Operations Manager - Development Con t ro I Environment Kirkbank House Planning and Environment English Street Militia House Dumfries English Street

Tel: (01387) 260176

Group Manager - Development and

Dumfries DGI 2HR

Date of Report: 10 February 2004

File Ref: 03/P/1/0234

Background Papers:

Appendix I

David W Bell - Operations Manager, Development Control Kirkbank, Council Offices, English Street, Dumfries, DGl 2HS Telephone (01387) 260199 -Direct Dial Fax (01387) 260188

OUTLINE PLANNING PERMISSION FOR ERECTION OF 2 DWELLINGHOUSES AND GARAGES AND INSTALLATION OF SHARED SEPTIC TANK AND SOAKAWAY AT BRILEEN, MABIE, DUMFRIES

APPLICANT: MR & MRS W BELL REF. NO.: OO/P/30304

1 BACKGROUND

I. I Application was continued from the previous Committee meeting on 19 November 2003 to allow a separate report to be prepared to consider the policy merits of Mabie as a small building group and its development options prior to the consideration of this application.

1.2 The application had previously been continued at the Nithsdale Area Regulatory Committee on 6 October 2000 to allow for the consideration of the inclusion of Mabie as a small building group in the Consultative Draft Nithsdale Local Plan.

1.3 The application site is rectangular in shape and extends to some 0.3 ha, sub-divided into two plots, each fronting the access track which serves about eight other dwellings beyond the site.

1.4 The site lies within the Nith Estuary NSA and is part of a field which fronts onto the track between the yard area of the Forestry Authority and the dwellinghouse, Brileen, to the south-east. There are two houses on the opposite side of the track and an open field to the rear. The site itself slopes upwards from north-west to south-east and also from front to rear. Each house is to have an individual access but drainage is to be to a shared septic tank and soakaway.

I . 5 A previous outline application for the erection of three dwellinghouses and garages (99/P/30183) was refused in June 1999 on the following grounds:-

?. The proposal would constitute sporadic residential development in the countryside and

would therefore be contrary to sound planning principles, to advice given in NPPG3: Land for Housing and to the policy of the Council as stated in Structure Plan Policies H04 and H06 and Local Plan Policy H3.

2. The proposal would add to a dispersed roadside ribbon of development which would create an adverse precedent likely to encourage further similar applications, which would lead to an extension of this form of development along a rural road contrary to the interests of good planning.

1.6 Mabie had previously been identified as a Hamlet not recommended for further growth by the then Lower Nithsdale Area Planning Committee on I O July 1999. This had followed the approval of 2 house sites (97/P/30125 and 97/P/30126) on 25 June 1997 following a recommendation to refuse. The view was taken that these sites should conclude the development in this locality.

I . 7 The draft Nithsdale Local Plan considered by the Area Committee in February 1999 continued to exclude Mabie from the list of small building groups (the replacement to the ‘hamlets’ list). However, there was a Local Member request for Mabie to be included. It was then referred to the Environment and Infrastructure Committee on 22 April 1999, but no mention was made regarding consideration of Mabie as a small building group. The Consultative Draft Plan published in December 1999 included Mabie. Following this Consultative Draft and representations received, a further resurvey of the small building groups was carried out. The

Finalised Nithsdale Local Plan published in January 2001 included Mabie as a small building group and additional policy on small building groups. The

COMMITTEE REPORT NITHSDALE AREA REGULATORY COMMITTEE I 7 DECEMBER 2003

Appendix 1

- 2 - representations received following this publicity were set out and summarised in the separate report considered earlier.

1.8 An outline planning application for the erection of a dwellinghouse has been submitted for land adjoining Brae Cottage (03/P/3033 1) which is also on this agenda.

2 CONSULTATIONS

2.7 private treatment system.

Scottish Water - Site will require to drain to a

2.2 Scottish Environment Protection Agency - No percolation test results submitted, therefore the Agency objects until a suitable effluent treatment and disposal system has been agreed.

2.3 Local Services Manager (Nithsdale) - Access visibility is restricted by a boundary hedge, which should be lowered/removed to provide a 2 x 3Um splay. Provision of a layby would also act as a passing place on the private road. No objections.

2.4 Scottish Natural Heritage - Recommends that the application be refused for the following reasons:-

(a) The development proposals lie within the Nith Estuary National Scenic Area (NSA), designated for its outstanding landscape character of national significance, and recognised as an Area of Regional Scenic Significance under the Dumfries and.Galloway Structure Plan. The location is on a prominent shoulder on open ground, set apad from the heavily wooded slopes of Marthrown Hill and the Policy woodland around Mabie House and therefore likely to have a high visual impact on the landscape valued for its amenity. (b) Housing at this location is visible over a wide area from both within and outwith the NSA, including the east side of the Nith and the New Abbey road. Such development would detract from the amenity of the immediate location and the NSA. Given that this is a highly visible part of the NSA in an area important for recreation it is especially desirable that any development is a positive or beneficial change that enhances the landscape character. . The Dumfries and Galloway Landscape Assessment describes this area as landscape Type 20 with sparse settlement in the form of isolated farmsteads and farm buildings. The proposals do not accord with the typical local settlement pattern and this is recognised as a key landscape issue by the assessment. (c) Concerned with the visual impact and the erosion of the landscape character and local distinctiveness of the area caused by the

incremental development, setting a precedent for further inappropriate development of housing within the NSA. (d) The development would further contribute to the coalescing of the cluster of buildings, connecting ButterholeButterhole steading with Mabie, resulting in a visually prominent settlement. (e) The development proposals would appear to be contrary to Structure Plan Policy 0 4 Housing in the Countryside. The development is contrary to Structure Plan Policy E l National Scenic Areas. The development proposals would be contrary to the adopted Dumfries and District Local Plan, which does not identify any housing allocation on this site. The development proposals are contrary to Policies 15 Housing in the Countryside and 76 Development within Identified Small Building Groups of the draft Nithsdale Local Plan, which both refer to Policy 0 4 of the Structure Plan as highlighted above. The proposal is contrary to the Site Guidance statement in paragraph 3. I. 795 of the draff Nithsdale Local Plan which indicates the possible allocation of one to two well integrated dwellings.

2.5 Strategic Planning advises that in connection with Mabie Small Building Group two objections have been received (SNH and Mr Cowie, Viewfield). These have been dealt with in the separate report.

There have been objections in support of more SBGs being identified and we have objections that the "normally one or two houses" is over- prescriptive. These are general in nature.

Notes the site does slope upwards and is sensitive in this regard but is more contained than the site adjacent to Brae Cottage.

3 REPRESENTATIONS

3. I Mr 13 Mrs G Banks, Forest Lodge, Mabie; D Thorburn, Overbells, Mabie; F R Cowie, Viewfield, Mabie and Forest Enterprise, 55/57 Moffat Road, Dumfries:-

(a) Application appears to be a re-submission of a previous application (99/P/30183) and the previous objections submitted in respect of that application still apply. (b) Proposal would result in the removal of a mature roadside hedge which is of mixed species and considerable wildlife importance. (c) Would add to the visual and physical clutter of overhead services and poles. (d) Mabie already suffers surface water run-off problems in times of heavy rain, particularly the lodge at the end of the drive.

COMMITTEE REPORT NITHSDALE AREA REGULATORY COMMITTEE f 7 DECEM6ER 2003

Appendix 7

- 3 -

(e) The additional traffic would add about a third to existing levels and be hazardous for existing road users such as horse riders, walkers and children. (0 The proposed development goes against national Government guidelines on housing development. (g) The use of the access road, owned by the Forestry Commission, has increased considerably in the last few years due to visitors to Mabie, the re- opening of Mabie Hotel and extra houses and it is doubtful if it can take additional traffic. (h) Proposed houses are in an elevated position relative to existing houses on opposite side of road and will be visible such that visual amenity and character within the National Scenic Area will be adversely affected. (0 The recently built houses at Mabie are a constant reminder that the style and storey height will be stretched to the limits. (J) Led to believe there was to be no further growth at Mabie. (k) Proposal would be classed as sporadic development in the countryside. (I) Would create a precedent for further development. (m) The present scatter of housing between Mabie Hotel and Butterhole Farm would be spoiled by 3 similar houses which would give a more urban feel to this open country location. (n) Building in this area would lead to increased use of private vehicles at a time when the government is striving to reduce usage. (0) The northernmost plot adjoins the Forest Enterprise depot where fuels, oils and equipment is presently stored and consideration is being given to the relocation of a chemical store and deer larder to this location, all of which are potentially incompatible with the nearby residential use. (p) Sites do not appear to have sufficient land available for a septic tank and soakaway system. There is insufficient capacity in Forestry Commission ground to take additional outflows.

3.2 Applicants’ agent.

(a) Applicants have included additional tree planting to the drawings to soften and screen the site. (b) Note previous approval for two houses on the exposed outer fringe of the hillside adjacent to Brileen. Consider their proposal more appropriate than the urban style of house now constructed.

4 REPORT

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that “Where, in making any determination under the Planning

Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. I’

4.2 Since the previous decision to refuse permission for development of 3 houses on this site the current Structure Plan has been approved. The Consultative Draft Nithsdale Local Plan has been superseded by the Finalised Nithsdale Local Plan since the application was previously considered by the Area Committee.

4.3 The application is, therefore, considered against Structure Plan Policies 0 4 and E l , Dumfries and District Local Plan Policies DEVI, H3 and E5. The General Policies 2, 7, 15, 16, 16a and 41 in the Finalised Nithsdale Local Plan are a material consideration.

4.4 Structure Plan Policy D4(3) provides that housing in the countryside will be acceptable if it forms part of an identified small building group. Finalised Nithsdale Local Plan General Policy 16a identifies small building groups of which Mabie was one. In accepting that Mabie is a small building group then the proposal is considered against General Policy 16. In the resurvey of the small building groups, this site was identified as a potentially suitable site for residential development and thus the reason for including Mabie on the list of small building groups.

4.5 It is considered that the reduction of the number of houses from 3 houses (as previously proposed) down to 2 will conform with the building group’s existing form and character. It will provide an infill to the south west side of the access track without adversely affecting the existing development at this location or external views of it from further afield. It is, therefore, considered that the proposal accords with General Policy 16.

4.6 The application site also falls within a National Scenic Area where Structure Plan Policy E l applies. The application sites are on lower land than the developed sites further to the south-east at Butterhole. They will be less prominent and, therefore, their landscape impact will be less than those houses already constructed. The applicant has shown, for indicative purposes, the type of houses envisaged for these plots, ie single storey cottage style with single garages attached to one gable. This style of house would not be of a scale which would impact adversely on the character of the area to the extent that they would be contrary to the provisions of Structure Plan Policy E l .

4.7 the following comments are made:-

With regard to the issues raised in objection

COMMITTEE REPORT NITHSDALE AREA REGULATORY COMMITTEE 17 DECEMBER 2003

Appendix I

- 4 - 5B

(i) As much of the roadside hedge as possible will be retained by condition. (ii) The applicant will require to provide suitable percolation test results to the satisfaction of the SEPA. The land shown as accepting the drainage oufflow belongs to the applicant. (iii) The access road is private and serves several houses, the Forestry Commission, Mabie Hotel and visitors to Mabie Forest. The Local Services Manager (Nithsdale) does not consider that the proposal will result in a significant increase in vehicular traffic on the internal roads. (iv) Although the government is aiming to encourage sustainable development including less use of private transport it has not precluded the construction of housing in rural locations. (v) The Forest Enterprise depot is a fairly low- key facility which is already in close proximity to residential properties. The siting of further houses up to its boundaries is not regarded as an incompatible relationship. (vi) A two house layout on this site, of a style and character which reflects this rural location, will not adversely detract from this small building group in any material way.

4.8 SNH, the following points should be noted:-

With regard to the consultation response by

(a) The Dumfries and Galloway Landscape Assessment which describes this area as Type 20 with sparse settlement in the form of isolated farmsteads and farm buildings will not be materially altered by the erection of 2 more houses in this particular location in the group. (b) The Finalised Nithsdale Local Plan identifies Mabje as a small building group and this particular site as being capable of accommodating 1-2 houses without either significantly adversely affecting the existing development at this location or external views of it from further afield. (c) The Finalised Nithsdale Local Plan, whilst not yet an adopted document, does represent the most up-to-date consideration of the Housing in the Countryside policy and is intended to supersede the Hamlets Policy, Given that the proposal has been reduced from 3 to 2 houses and is located at the site identified for potential housing development, the proposal conforms with General Policy 16a and Policy D4(3) of the Structure Plan. (d) The ,proposal should not act as a precedent as there are no other suitable sites that have been identified at Mabie following resurvey of the small building group that comply with General Policy 16. In effect development at Mabie would be completed by this proposal and it should, therefore, be considered for removal from the list of small building groups. However, this would require the approval of the Planning and Environment Committee.

4.9 It is considered that the proposal remains contrary to current policy, as policy H3 applies, Mabie was previously on the 'no further development' Hamlets list and the formal replacement to this is not yet finalised.

5 RECOMMENDATION

5.1 Approve the application subject to referral to the Planning and Environment Committee, submission of satisfactory percolation tests and to the following conditions:-

1. Outline Commencement 2. Compliance with Plans 3. Further Application Required (4) (7). 3. Reserved Matters - Layout. 4. Reserved Matters - Design 5. Reserved Matters - External Appearance 6. Reserved Matters - Landscaping 7. The existing boundary hedge adjacent to the access track shall be retained at all times subject only to it being breached to the minimum extent necessary to provide suitable individual access to each dwellinghouse. In the event that there is material loss of hedging, replacement hedging shall be planted in terms of the requirements of condition 6 above. 8. That visibility area(s) shall be provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-

(a) measured 2 metres back along the centre line of the access from the nearer edge of the main carriageway; and

(b) measured 30 metres from the centre line of the access along the nearer edge of the carriageway of the main road. 9. That before the development is completed or brought into use, everything exceeding 1.05 metres in height shall be removed from the visibility areas referred to in Condition/. 8 and thereafter nothing exceeding I . 05 metres in height as measured from the adjoining carriageway level shall be grown, placed or erected within the visibility areas. IO . That the dwellinghouses shall be served off the back of a double layby 15m in 1ength.at the back 2.5m in depth measured from the edge of the carriageway of the private road with entry and exit tapers of 45 degrees and a I in 40 gradient falling away from the private road and shall be constructed to the standard in Technical Advice Note No 2 prior to occupation of either of the houses. I 1. Notwithstanding the provisions of conditions 4 and 5 above, any application for approval of these reserved matters shall be for single or

COMMITTEE REPORT NITUSDALE AREA REGULA TORY COMMITTEE I 7 DECEMBER 2003

5B Appendix 1

- 5 - 1 % storey dwellinghouses of a style, character and appearance which is appropriate to this rural location.

Appendid-

COMMITTEE REPORT NITHSDALE AREA REGULATORY COMMITTEE 17 DECEMBER 2003

Appendix 7

-6- APPENDIX 3

DEVl Dumfries and District Local Plan : Policy

1 Countryside

Structure Plan Policy 04: - Housing in the

Proposals for new housing development in the countryside must meet one or more of the following requirements:-

1. the change of use and alteration of traditionally built agricultural or other buildings to a dwelling house without substantial rebuilding or extension of the original building;

2. the replacement of a habitable dwelling house by a new house within the same curtilage unless this would result in the loss of a significant traditional building;

3. it forms part of an existing building group identified in a Local Plan as being suitable for limited small scale housing development;

4. it is within an area which has been identified in a Local Plan as suffering long term depopulation, is remote from other settlements and would not adversely affect natural heritage designations; or

5. the house can be shown to be essential at that location for the needs of agriculture or other uses requiring an appropriate rural location in the countryside which cannot be satisfied by points I to 4 above.

Proposal for new houses must take into account design, siting, landscape setting, access, site servicing and the natural and built heritage. These matters will be the subject of further policy guidance in Local Plans.

2 Structure Plan Policy El : - National Scenic Areas

The siting and design of development should respect the special nature of the area. Development within, or which would have a significant impact on National Scenic Areas (NSAs), will only be permitted where it can be demonstrated that either-

1. the proposed development will not compromise the area’s scenic and landscape character, and overall integrity; or

2. any significant adverse effects on the scenic interest and integrity of the area are clearly outweighed by social or economic benefits of national importance.

There will be a presumption against development which would give rise to a material degree of land use conflict and which would materially detract from the character or amenity of the locality. Alterations or extensions to individual buildings or groups of buildings should not detract from the character and appearance of the buildings in the area generally,

4 H3: Restriction on Houses in the Countryside

Dumfries and District Local Plan Policy

Residential development in the countryside outwith Dumfries and the villages designated above for housing sites and infill development will only be considered in locations identified by the Houses in the Countryside Policy.

5 General Policy 2: Development Considerations

As part of the assessment of development proposals, including those on sites identified in the Plan, developers will be required to satisfy the Planning Authority with regards to their proposals in terms of all of the following:-

(a) access, ground conditions and stability, contamination, foul and surface water drainage and water supply; (b) traffic generation onto the adjacent road network; (c) flooding; (see Policy 58 on Flood Risk and Development); (d) environmental impact.

When assessing planning applications, the Planning Authority will take into account the provisions of any site guidance, site specifications, or development brief as set out in Section 3 of the Plan. Where further information is required, the Planning Authority may apply the provisions of Article 13 of Town and Country Planning (General Development Procedure) (Scotland) Order 1992 or Article 4(3) in respect of outline applications.

6 General Policy 7: Siting and Design

The Council as Planning Authority will require development to :-

(a) have regard to the character and appearance, scale, density, massing and materials, of the building, group of buildings or adjacent area, of which it will forms a part; and

COMMITTEE REPORT NITHSDALE AREA REGUUTORY COMMITTEE 77 DECEMBER 2003

5B Appendix 1

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~~~~~

COMMITTEE REPORT NlTHSDALE AREA REGULATORV cOMMl7TEE 17 DECEMBER 2003

(b) retain and, where appropriate, enhance important physical and landscape features which contribute to the quality of the local environment having regard to the Local Biodiversity Action Plan ;

(c) have no material adverse effect on the local landscape character, avoiding prominent ridge lines or other visually sensitive sites; and

(d) take into account the guidance and advice set out in the Landscape Assessment Study; and

(e) comply with the Design Guidance set out in Appendix I ; and

(0 where appropriate, have regard to the principles of PAN 46 - “Planning for Crime Prevention”; and

(g) have regard to the replacement of any trees which are unavoidably lost as a result of development; and

(h) have regard to the need for energy conservation and efficiency in the design, orientation and layout of the site or buildings.

7 Countryside

General Policy 15: Housing in the

Proposals for new residential development in the countryside, outwith those areas defined by Inset Maps, will be assessed against the criteria set out in the Structure Plan Policy 04.

8 General Policy 16: Development within Identified Small Building Groups

There will be a presumption in favour of small scale housing development, normally of one to two dwellings, within the Small Building Groups identified in Section 3 of the Plan subject to all of the following criteria being met:-

(a) the development would conform with, or enhance, the building group’s existing form, character and appearance; and

(b) the development accords with the provisions of General Policy 2 (Development Considerations); and (c) the development accords with the provisions of General Policy 7 (Siting and Design). (d) development will not be permitted where it results in the coalescence of settlements or extends a ribbon of development.

Following advice contained within PAN 36 (SITING AND DESIGN OF NEW HOUSING IN THE COUNTRYSIDE), and PAN 44 (NEW HOUSING) there will be a presumption against the expansion of identified small building groups by the development of “bungalow” or other suburban style developments. Applicants will be required to demonstrate that their proposals have taken into account an analysis of the existing built form, the landform and the local landscape character. Where it is considered appropriate guidance on specific Identified Small Building Groups is given in Section 3 of the Plan. Early consultation with the Planning Authority is also recommended for development proposals in Small Building Groups.

9 Building Groups

General Policy 16a: Identification of Small

Small Building Groups will only be considered suitable for limited housing development where they meet all of the following criteria:-

(a) the group must consist primarily of dwellinghouses forming a clearly identifiable nucleus with strong visual cohesion and sense of place: (b) the group must be physically and visually separate from other settlements: (c) there are suitable sites, the development of which would conform with and enhance the building group’s form, character and appearance and landscape setting; (d) development will not be permitted where it results in the coalescence of settlements or extends a ribbon of development.

During the life of the Plan the Planning Authority will keep under review Identified Small Building Groups and will delete those that have reached capacity. In terms of GPl6a any future identification of Small Building Groups will first require to be considered by the appropriate Area Committee. Updated lists of identified Small Building Groups will take the form of Supplementary Guidance, to be published annually following committee approval. This process will commence following the adoption of the Plan.

10 General Policy 41: National Scenic Areas

National Scenic Areas are defined on the Proposals Map. The Planning Authority will assess development proposals within or adjacent to

Appendix I

- 8 -

National Scenic Areas using the criteria set out in Structure Plan Policy E 1.

COMMITTEE REPORT NITHSDALE AREA REGULATORY COMMITTEE 17 DECEMBER 2003