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Banff & Buchan Area Committee Report – 7 September 2021

Reference No: APP/2021/0942 Planning Permission in Principle for Erection of Dwellinghouse at Land at Hillhead of Pitullie, Sandhaven, Aberdeenshire Applicant: Mr S Maitland Agent: Arcus Design Ltd Grid Ref: E:396301 N:866201 Ward No. and Name: W02 – Troup Application Type: Planning Permission in Principle Representations: 0 Consultations: 4 Relevant Proposals Map Designations: Rural Housing Market Area, Countryside Complies with Development Plans: No Main Recommendation: Refuse

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1. Reason for Report 1.1 The Committee is able to consider and take a decision on this item in terms of

Section B.8.1 of Part 2A List of Committee Powers and Section C.3.1i of Part 2C Planning Delegations of the Scheme of Governance as the application is recommended for refusal but at least two Local Ward Members in the Ward in which the development is proposed, have requested that the application be referred to the Area Committee.

• Cllr Findlater -The existing condition and status of the building on the application site merits further consideration.

• Cllr Partridge - To further discuss the reasons for refusal as stated by service in the application papers.

1.2 The Head of Finance and Monitoring Officer within Business Services have

been consulted in the preparation of this report and their comments are incorporated within the report and are satisfied that the report complies with the Scheme of Governance and relevant legislation.

2. Background and Proposal 2.1 This application seeks Planning Permission in Principle for the erection of a

single dwelling at land at Hillhead of Pittulie, a self-contained former farm holding consisting of a farmhouse currently under renovation, a steading which has recently received permission for its demolition and replacement with three new houses under three separate Planning Permission in Principle applications, and other associated buildings and structures, located 1.9km west of Fraserburgh. A location plan is attached as Appendix 1.

2.2 The application site itself, which does not include the main farmhouse or any other permanent structures, measures 0.47ha in size and is found to the south west of the main farm complex, separated by the yard area and access road dissecting the site from north to south. The site contains a dilapidated structure in the eastern section of the site which is earmarked for removal and a traditionally built wall. The remainder of the site area to the west and south is largely overgrown with trees and vegetation. A site plan is attached as Appendix 2, together with a plan illustrating recent applications nearby as Appendix 3.

2.3 Access would be achieved via a private farm track which exclusively serves Hillhead of Pittluie, with this track connecting to the public road network some 300 meters to the north when it joins an unclassified road which links Peathill to the west with the B9031 further to the east.

2.4 The dwelling would be served by a public water supply and a proposed private foul drainage system comprising of a treatment plant and partial soakaway with remaining outfall to an existing burn.


2.5 Relevant Planning History

Steading building to the north east:

• APP/2019/1845 - Partial Demolition of Steading and Erection of Dwellinghouse – Approved 4/09/2020

• APP/2020/2566 - Partial Demolition of Steading and Erection of Dwellinghouse - Approved 18/02/2021

• APP/2020/2063 - Partial Demolition of Steading and Erection of Dwellinghouse - Approved 18/02/2021

2.6 Supporting Information

Drainage Certification by Arcus Design This certification confirms that ground conditions are not suitable for the complete filtration of the contents of a septic tank to the tested land, returning a failed result. The applicants have therefore proposed a treatment plant and partial soakaway with any remaining outfall being channelled towards a burn via a combination of new and existing field drains.

3. Representations 3.1 No valid letters of representation have been received. 4. Consultations 4.1 Business Services (Developer Obligations) confirm that the proposal does

not engage developer contributions, and as such no contribution is required. Therefore, the proposal is deemed to comply with Policy RD2 Developers obligations.

4.2 Infrastructure Services (Contaminated Land) confirm having received further information regarding the use of this site that it has no objection to the proposed development.

4.3 Infrastructure Services (Roads Development) do not object to this

application subject to appropriate conditions.

4.4 Scottish Water do not object to this application however the consultee has requested that the developer submit a predevelopment enquiry (PDE) in order to confirm public water supply capacity.

5. Relevant Planning Policies 5.1 Scottish Planning Policy

The aim of the Scottish Planning Policies is to ensure that development and changes in land use occur in suitable locations and are sustainable. The planning system must also provide protection from inappropriate development. Its primary objectives are: • to set the land use framework for promoting sustainable economic

development; • to encourage and support regeneration; and


• to maintain and enhance the quality of the natural heritage and built environment.

Development and conservation are not mutually exclusive objectives; the aim is to resolve conflicts between the objectives set out above and to manage change. Planning policies and decisions should not prevent or inhibit development unless there are sound reasons for doing so. The planning system guides the future development and use of land in cities, towns and rural areas in the long-term public interest. The goal is a prosperous and socially just Scotland with a strong economy, homes, jobs and a good living environment for everyone.

5.2 Aberdeen City and Shire Strategic Development Plan 2020

The Strategic Development Plan was approved on 12 August 2020. The purpose of this Plan is to set a clear direction for the future development of the City Region. It sets the strategic framework for investment in jobs, homes and infrastructure over the next 20 years. All parts of the Strategic Development Plan area will fall within either a strategic growth area or a local growth and diversification area. Some areas are also identified as regeneration priority areas. There are also general objectives identified. In summary, these cover promoting economic growth, promoting sustainable economic development which will reduce carbon dioxide production, adapt to the effects of climate change and limit the amount of non-renewable resources used, encouraging population growth, maintaining and improving the region’s built, natural and cultural assets, promoting sustainable communities and improving accessibility in developments. The Aberdeenshire Local Development Plan 2017 will continue to be the primary document against which applications are considered. The Aberdeen City & Shire SDP 2020 as approved forms part of the Development Plan.

5.3 Aberdeenshire Local Development Plan 2017

Policy R1: Special rural areas Policy R2: Housing and employment development elsewhere in the countryside Policy P1: Layout, siting and design Policy P4: Hazardous and potentially polluting developments and contaminated land Policy PR1: Protecting important resources Policy C1: Using resources in buildings Policy RD1: Providing suitable services Policy RD2: Developers’ obligations

5.4 Proposed Aberdeenshire Local Development Plan 2020

Aberdeenshire Council on 5 March 2020 resolved to agree the Proposed Aberdeenshire Local Development Plan (LDP) 2020 as the ‘settled view of the Council’ on what the final adopted content of the LDP 2021 should be. A period during which representations on the Proposed LDP 2020 could be made took place between 25 May and 31 July 2020.


The Proposed LDP 2020 is a material consideration in the determination of planning applications. The Planning Authority must therefore assess what weight it should have in the context of this particular application. The Proposed LDP has been subject to public scrutiny and has now been submitted for Examination by an independent Reporter. Nevertheless, it is considered that the level of weight that should be applied to the Proposed LDP 2020 remains as not significant at this time. The Aberdeenshire LDP 2017 remains the up-to-date LDP for the area and the primary document against which planning applications should be determined until such time as a new LDP for the area is adopted.

5.5 Other Material Considerations

None. 6. Discussion 6.1 This application seeks Planning Permission in Principle for the erection of a

single dwelling, acting as a replacement for a dilapidated structure found adjacent to a former farming unit in a countryside setting. Therefore, the key planning issues are the principle of development, layout, siting and design, access and servicing in addition to other specific considerations. Principle of Development

6.2 Due to the site being located out with the defined boundary of a settlement as identified within the Local Development Plan, Policy R2 Housing and employment development elsewhere in the countryside, which incorporates Policy R1: Special rural areas, is to be applied as the main policy consideration to determine if this application is acceptable in principle.

6.3 Generally, these policies aim to provide a more sustainable development

pattern that balances the need to travel, ensures access to public services and protects the countryside from sporadic rural development whilst meeting the need for new housing in the countryside. More specifically these countryside policies support new housing only if it meets one of the criteria, outlined below. Firstly, in terms of Policy R1:

1. Sensitive restoration, conversion or extension of a vernacular building. 2. Accommodation for an essential worker engaged in a primary industry;

or 3. The replacement of a single non vernacular building.

6.4 In this case the applicants wish to use the existing dilapidated structure in

place as the basis for a replacement dwelling. However, upon closer inspection the Planning Service are satisfied that the structure, comprising of low-level traditional stone walls, wood and corrugated roof sheeting does not constitute a building. This is primarily due to an absence of foundations, with the structure requiring the presence of a traditionally constructed historical wall, which would have pre-dated the remainder of the structure based on historical aerial photography (and forms the base of the north and west buildings lines) to offer the majority of structural integrity.

6.5 Rather than a building in its own right the Planning Service would deem the structure to take the form of a temporary shelter, possibly used for storage but


ultimately consider that it does not qualify as a vernacular building due to its clear temporary nature of its construction and therefore cannot be supported under the terms of Policy R1.

6.6 In addition to the criteria provided as part of Policy R1, Policy R2 supports

new housing in the Rural Housing Market Area part of the countryside, where this site is located, only if it meets one of the criteria, outlined below:

1. Refurbishment or replacement of an existing or disused building, or a

previously developed site which is now redundant; 2. Organic growth of a settlement identified in Appendix 4; 3. A new dwelling in relation to a retiring farming succession; or 4. An appropriate addition to a cohesive group of at least five houses.

6.7 Although the structure is clearly disused/abandoned, as previously discussed,

the Planning Service are satisfied, having made a physical inspection of the structure on site, that the structure does not constitute a building in its own right whilst planning advice relating to Policy R2 clearly indicates that buildings of a temporary use, nature or construction do not qualify as having been previously developed and deemed to be redundant.

6.8 The site is otherwise found in an isolated location, far from any settlement or cluster of at least five existing dwellings, nor has it been indicated that the new dwelling is required in connection with the retirement succession of a viable farming enterprise.

6.9 Therefore, the application also fails to comply with the exemption criteria of Policy R2 and cannot be supported in principle.

Layout, Siting and Design

6.10 As this is an application in principle only there are no floor plans or elevations of the proposed dwelling available for assessment. However, the application site appears to be of an ample size to accommodate a new dwelling whilst providing sufficient space for access and servicing arrangements in addition to usable private garden ground.

6.11 However, the Planning Service would have concerns with the inclusion of trees and other vegetation found to the west of the location of the existing structure within the application site. Although it cannot be proven at this point due to only being an application in principle, the potential loss of such features as part of the provision of a dwelling within the application site currently under consideration would generally be resisted. In the event of approval, it is likely that a tree survey would be required in support of a Matters Specified in Conditions application, with the conclusions of such survey potentially informing the overall outcome of such application should it not be demonstrated that the development would avoid the unnecessary removal of existing vegetation.

6.12 Therefore, although difficult to assess due to being an application in Principle,

the proposal has the potential to conflict with both Policy P1: Layout, siting and design and Policy PR1: Protecting important resources.


Access and Servicing

6.13 Roads Development have assessed the application terms of visibility splays which can be achieved at the point of connection with the public in addition to the provision of off-street parking which can be achieved within the site, confirming it has no objection subject to appropriate conditions.

6.14 Scottish Water have also confirmed it does not object to this application in terms of the proposed dwelling obtaining a public water supply but have advised the developer to make direct contact in order to confirm capacity in relation to public water provision.

6.15 The application also includes a percolation test certificate to confirm that existing ground conditions are not suitable for the installation of a conventional septic tank to soakaway system to provide private foul drainage. The applicants have therefore proposed a treatment plant and partial soakaway to serve the proposed dwelling, with any remaining outfall being channelled towards a burn via a combination of new and existing field drains.

6.16 Overall, the application is therefore deemed to comply with Policy RD1:

Providing suitable services.

Other Considerations

6.17 The Council’s Contaminated Land Unit confirm having received further information regarding the use of this site that it has no objection to the proposed development. The application therefore complies with Policy P4: Hazardous and potentially polluting developments and contaminated land.

6.18 In the event of approval, a condition shall be applied to secure an energy statement for the proposed dwelling which demonstrates compliance with applicable building standards regulations regarding energy efficiency prior to works commencing on site which will secure compliance with Policy C1 Using resources in buildings.

6.19 Finally, Developer Obligations confirm that the proposal does not engage

developer contributions, and as such no contribution is required. Therefore, the proposal is deemed to comply with Policy RD2 Developers obligations.

Conclusion

6.20 In terms of assessment against the Strategic Development Plan, due to the small scale of this proposal the proposed development is not considered to be strategic or regionally significant, or require consideration of cross-boundary issues and, therefore, does not require detailed consideration against the SDP.

6.21 The planning authority considers that the application is for a development that

is not in accordance with the Aberdeenshire Local Development Plan 2017. 6.22 The application does not comply with Policy R1: Special rural areas or Policy

R2: Housing and employment development elsewhere in the countryside of the Aberdeenshire Local Development Plan 2017 as the structure earmarked for removal to be used as a basis for the provision of a new dwelling does not constitute a permanent building based on its physical construction, including


lack of foundations nor does it represent a redundant site due to its temporary construction. The site also fails to meet any other exemption criteria contained within the same policies due to the isolated nature of the site which precludes the proposal from being considered as potential organic growth to a settlement or a suitable addition to an existing grouping of houses whilst is not required for an essential worker engaged in a primary industry nor to facilitate the retirement succession of a viable agricultural enterprise.

7. Area Implications 7.1 In the specific circumstances of this application there is no direct connection

with the currently specified objectives and identified actions of the Local Community Plan.

8. Implications and Risk 8.1 An integrated impact assessment is not required because the granting or

refusing of the application will not have a differential impact on the protected characteristics of the applicant or any third parties.

8.2 There are no staffing and financial implications. 8.3 There are no risks identified in respect of this matter in terms of the Corporate

and Directorate Risk Registers as the Committee is considering the application as the planning authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure.

8.4 No separate consideration of the current proposal’s degree of sustainability is

required as the concept is implicit to and wholly integral with the planning process against the policies of which it has been measured.

9. Departures, Notifications and Referrals 9.1 Strategic Development Plan Departures

None 9.2 Local Development Plan Departures

Policy R1: Special rural areas Policy R2: Housing and employment development elsewhere in the countryside

9.3 The application is a Departure from the valid Local Development Plan or

Strategic Development Plan and has been advertised as such. Any representations received have been circulated as part of the agenda and taken into account in recommending a decision. The period for receiving representations has expired.

9.4 The application does not fall within any of the categories contained in the

Schedule of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and the application is not required to be notified to the Scottish Ministers prior to determination.


9.5 The application would not have to be referred to Infrastructure Services Committee in the event of the Area Committee wishing to grant permission for the application.

10. Recommendation 10.1 REFUSE Planning Permission in Principle for the following reason:-

1. The application does not comply with Policy R1: Special rural areas or Policy R2: Housing and employment development elsewhere in the countryside of the Aberdeenshire Local Development Plan 2017 as the structure earmarked for removal to be used as a basis for the provision of a new dwelling does not constitute a permanent building based on its physical construction, including lack of foundations nor does it represent a redundant site due to its temporary construction. The site also fails to meet any other exemption criteria contained within the same policies due to the isolated nature of the site which precludes the proposal from being considered as potential organic growth to a settlement or a suitable addition to an existing grouping of houses whilst is not required for an essential worker engaged in a primary industry nor to facilitate the retirement succession of a viable agricultural enterprise.

Alan Wood Director of Infrastructure Services Author: Stuart Newlands Date: 18/08/2021


Appendix Location Plan

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APPENDIX 3 Plan showing site and existing consents for conversation of steading

Documents

Unallocated Committee Report