ITEM NO: 01
APPLICATION FOR FULL PLANNING PERMISSION
REF: 03/01379/EFULL
SITE ADDRESS:
STANLEY SMITH HOUSE ST MARYS PLACE ST ANDREWS
PROPOSAL :
ERECT GATE
APPLICANT:
UNIVERSITY OF ST ANDREWS ESTATES DEPT WOODBURN
ST ANDREWS
CONSULTATIONS
St Andrews Preservation Trust
Objection now withdrawn
REPRESENTATIONS
One letter of objection has been received from the St Andrews Community Council
on the following grounds:
- Concerns over loss of rights of way/well used path.
STATUTORY POLICIES AND APPROVED GUIDANCE
National Guidance
NPPG 18 Planning and the Historic Environment 1999
Memorandum of Guidance of Listed Buildings and Conservation Areas 1998
Fife Structure Plan 2002
Policy B1 Protection of Built Heritage
Policy B2 Protection of National and International Heritage
St Andrews Area Local Plan, Adopted 1996
Policy E4 Criteria for Development in Conservation Areas
Policy I7 Rights of Way
PLANNING SUMMARY
1.0 Background
1.1 This application was reported to the 24 June 2003 Committee meeting, with a
recommendation for unconditional approval.
Members voted to continue
consideration of the application pending further investigations into the status of the
footpath. This report is based on the June Committee report with amendments
where necessary to reflect additional information.
1.2 The site is located within an enclosed courtyard area to the south of St Mary's
Place within the St Andrews Outstanding Conservation Area. A 3 metre wide access
between two, 2 metre high stone walls at the rear of the courtyard provides access
into Stanley Smith House and Angus House, which are St Andrews University Halls
of Residence. Beyond the two walls the path runs along the side of these two halls
of residence and also provides access through a pend to South Street.
1.3 The proposal involves erecting a 2.2 metre high steel gate between the two walls
described above. The gate would be formed using steel, vertical bars at 100 mm
intervals with vertical supports at the top and bottom. The gate would be split into
sections with the narrower of the two sections opening to provide pedestrian access.
This would be operated by a keypad entry system. The gate would therefore act as
a security measure, restricting access to the two halls of residence from the
courtyard off St Mary's Place.
2.0 Planning Assessment
2.1 The material considerations in the determination of this application are: a)
b)
c)
d)
e)
National Planning Policy Guidelines and Advice
Provisions of the Development Plan
Design of Gate
Status of the Footpath
Representation
National Planning Policy Guidelines and Advice
2.2 NPPG 18 seeks to promote high quality development within sensitive historic
cores of Scotland's town and cities, while ensuring the vitality and development of
these areas are not unduly restricted.
2.3
Historic Scotland's Memorandum of Guidance on Listed Buildings and
Conservation Areas establishes the criteria for standards of design of developments
within Conservation Areas.
Provisions of the Development Plan
2.4 The Fife Structure Plan Policy B1 seeks to ensure protection of the built heritage
by stating that proposals will only be supported where they preserve or enhance
listed buildings or conservation areas. Policy B2 seeks to ensure the preservation
and enhancement of built heritage of national and international importance.
2.5 St Andrews Area Local Plan Policy E8 requires proposals within Conservation
Areas to meet the highest possible standards of design. Policy I7 of the Local Plan
seeks to keep designated public rights of way open and free from obstruction and
indicates that the Council would not support development proposals which conflict
with this objective.
Design of Gate
2.6 The steel gate would be designed in a traditional style and painted charcoal grey
and overall is likely to enhance the appearance of this relatively unattractive
backland site within the Conservation Area. It is therefore considered that it complies
with National Guidelines and Development Plan Policy in terms of design within
Conservation Areas.
Status of the Footpath
2.7 As noted above, the path which the gate would be constructed across provides
access from St Mary's Place to Stanley Smith House and Angus House, and also
leads on through a pend to South Street. The status of this footpath has previously
been investigated by the Council and the view expressed that it was not a Right of
Way. The status of the footpath was investigated as recently as April 2002.
2.8 Since the presentation of this application to the 24 June 2003 Committee, the
status of the footpath has been investigated again, and a body of evidence submitted
regarding its use by the public. The route appears to meet the four requirements of a
public right of way, namely 1) it links two public places, 2) it follows a more or less
definable route, 3) it has been used freely as of right and 4) it has been used without
interruption for the prescriptive period of 20 years. Evidence presented leads to the
conclusion that it has been used from at least 1981 when the University residencies
opened as a route between South Street and St Mary's place. A definitive decision
on whether or not it is a public right of way could only be made by the Court. It is
considered that, in light of these investigations and the evidence submitted, the path
has an "alleged Right of Way" status, and as such should be kept open and free from
obstruction at all times.
2.9 Although it is the responsibility of the applicant in law to not in any way impinge
or obstruct an alleged right of way, it is appropriate in this case to impose a condition
on the consent notice making it clear that the lock specified on the plan is not
approved.
Representations
2.10 The Preservation Trust has now withdrawn its objection. The Community
Council has raised the issue of the status of the path and this issue is covered in
paragraph 2.7 above.
3.0 Conclusions
3.1 The proposal involves the erection of a keypad operated security gate at the
entrance to University Halls of Residence off St Mary's Place, the design and finish of
which is acceptable. The path over which the gate would be constructed is
considered to be an alleged Right of Way and as such should not be permanently
blocked or closed off. It is therefore recommended that this application is approved,
subject to a condition that the proposed gate remains unlocked at all times.
RECOMMENDATION:
Approve subject to the following condition(s):1. The proposed gate shall NOT be fitted with a lock of any description, and shall
instead remain UNLOCKED at all times.
Reason(s):
1. To ensure that the alleged Right of Way over which the gate would be constructed
remains open and free from obstruction, at all times.
BACKGROUND PAPERS
The documents, guidance notes and policies referred to in “Statutory Policies and
Approved Guidance”.
Report prepared by Grant Baxter, Planner