North East Fife Area Committee
22nd February 2012
Agenda Item No. 11(a)
11/04613/PPP - Planning permission in principle for erection of 3
dwellinghouses at Land To North And West Of Mayflower, Baldinnie,
Fife
Report by: Keith Winter, Head of Enterprise, Planning and Protective Services
Wards Affected: Cupar
Purpose
This application was previously considered by Members at the North East Fife Area
Committee meeting on the 25th January 2012. The officers’ report recommended the
application for refusal . Members adopted the position that the application should be
approved subject to conditions and the conclusion of a legal agreement to secure the
necessary education provision.
The non-denominational secondary school i.e. Bell Baxter High School is expected to
exceed capacity in the longer term period and although the application is for 3 units the
cumulative effect of a number of smaller sites contribute towards capacity issues. The
contribution towards education provision is, therefore, required to help resolve school
capacity issues in the local school catchment area.
The purpose of this report is to provide the Committee with the proposed
conditions/reasons and legal agreement for approval for their agreement.
Recommendation(s)
In line with the North East Fife Area Committee’s decision, the application should be
Approved subject to;
The conclusion of a legal agreement relating to the provision of a financial contribution of
£4950 towards off site works to improve educational facilities within the local school
catchment area:
and the following conditions and reasons:
1. A further application(s) for certain matters (Approval of Matters Required by Condition)
shall be submitted for the requisite approval of this Planning Authority, together with
the detailed plans which shall include:(a) A location plan of all the site to be developed to a scale of not less than 1:2500,
showing generally the site, any existing trees, hedges, walls (or other boundary
markers) layout of the roads and sewers, and the position of all buildings;
(b) A detailed plan to a scale of not less than 1:500 showing the site contours, the position
and width of all proposed roads and footpaths including public access provision, the
siting of the proposed buildings, finished floor levels, new walls and fences and details
of proposed landscape treatment;
(c) Detailed plans, sections and elevations of all buildings proposed to be erected on the
site, together with details of the proposed method of drainage and the colour and type
of materials to be used externally on walls and roofs;
No work shall be started on site until the written permission of this Planning Authority has
been granted for these proposals, or such other details as may be acceptable.
Reason: To be in compliance with Section 59 of The Town and Country Planning
(Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006.
2. Application for any of the matters referred to in Condition 1 above shall be made
before:(i) the expiration of 3 years from the date of the grant of this planning permission in
principle;
(ii) the expiration of 6 months from the date on which an earlier application for such
approval was refused; or
(iii) the expiration of 6 months from the date on which an appeal or review against such
refusal was dismissed, whichever is the latest.
Reason: To be in compliance with Section 59 of The Town and Country Planning
(Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006.
3. The development to which this permission relates must be begun no later than two
years from the date of final approval of the further application(s) required under
Condition 1 above. For the avoidance of doubt this planning permission in principle
shall lapse on the expiration of 2 years from the date of the requisite approval being
obtained unless development has begun.
Reason: To be in compliance with Section 59 of The Town and Country Planning
(Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006.
4. The detailed plans required by condition of the consent shall clearly illustrate, in
cross-section form, the existing ground level, the extent of any underbuilding, the
finalised floor level of the proposed development in relation to the levels of adjacent
land and buildings (including windows of buildings within 18 metres) and any
intervening existing or proposed screening (walls or fences). The floor levels shall
clearly relate to a Fixed Datum Point on or nearby the site such as a road or
pavement, which shall be identified on the submitted plans.
Reason: In the interests of residential and visual amenity; (a) to ensure that there is no
significant detrimental impact on adjacent properties and (b) to avoid excessive
underbuilding.
5. The sketch drawings and layout plans accompanying the application are not approved,
although the development as shown is of a form generally acceptable to this Planning
Authority.
Reason: The details shown on the drawings submitted are not regarded as necessarily
the only or best solution for the development of this site.
6. Access to the property from the public road shall be at the point indicated on the
relevant plan and shall be constructed as specified in a Roads (Scotland) Act 1984
Vehicle Access permit to be obtained from the Transportation Services Senior
Manager (Roads Management Team).
Reason: In the interests of road safety. To ensure an acceptable access location in
relation to the existing road system.
7. The access bellmouth from the public road shall be constructed with a minimum throat
width of 4.5 metres with 7.5 metre radius kerb for a length of 6 metres from the
adjoining road channel line in accordance with the current Fife Council Transportation
Development Guidelines.
Reason: In the interests of road safety
8. All access driveways being constructed to the satisfaction of the Transportation
Services Senior Manager at a gradient not exceeding 1 in 10 (10%) for the first 6m
and shall thereafter have appropriate vertical curves to ensure adequate ground
clearance for vehicles prior to house occupation.
Reason: In the interests of road safety; to ensure adequate access arrangements
adjacent to a road and to avoid the dangers associated with excessive steep
accesses.
9. There shall be off street parking spaces provided within the curtilage of the site in
accordance with the current Fife Council Transportation Development Guidelines.
Reason: In the interests of road safety; to ensure adequate provision of off-street
parking.
10. BEFORE THE ACCESS IS BROUGHT INTO USE; visibility splays of 3m x 210m to
the left and 3m x 160m to the right shall be provided at the junction of the vehicular
crossing and the B940 public road and maintained clear of all obstructions exceeding
1m above the adjoining carriageway level, all in accordance with the current Fife
Council Transportation Development Guidelines.
Reason: In the interests of road safety; to ensure the provision and maintenance of
adequate visibility at junctions and accesses.
11. All garages adjacent to dwellinghouses should be set back by at least 6 metres from
the heel of the footway (or 8m from the kerbline if there is no footway).
Reason: In the interests of road safety
12. BEFORE ANY WORKS (INCLUDING CONSTRUCTION) START ON SITE, full details
of adequate wheel cleaning facilities to be provided at the entrance/exit to the site to
ensure that no mud, debris or other deleterious material is carried by vehicles onto the
public roads shall be submitted for approval in writing by the Planning Authority. The
approved facilities shall be provided, retained and maintained for the duration of
operations on the site.
Reason: In the interests of road safety; to eliminate the deposit of deleterious material
on public roads.
13. BEFORE THE COMMENCEMENT OF WORKS ON SITE; details shall be submitted
for the prior approval in writing to the Planning Authority demonstrating provision for
the interception of any surface water before it enters the public road running alongside
the site, all in accordance with the current Fife Council Transportation Development
Guidelines. Thereafter, this provision shall be carried out in accordance with these
details.
Reason: In the interests of road safety.
14. Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Order, 1992 (or any Order revoking and re-enacting that
Order) no development within Classes 1, 2, 3 and 7 shall be undertaken without the
express prior consent of this Planning Authority.
Reason: In the opinion of this Planning Authority the additional degree of planning
control is necessary due to the special character of the layout and the need to prevent
uncontrolled site coverage.
15. The proposed dwellinghouses shall be of a traditional design and shall incorporate the
use of traditional finishing materials.
Reason: In the interests of visual amenity; to ensure that the appearance of the
dwellinghouse is appropriate to the character of the surrounding area.
16. The proposed dwellinghouse shall be no more than one and a half storeys in height
Reason: In the interests of visual amenity; to ensure that the appearance of the
dwellinghouse is appropriate to the character of the surrounding area.
Legal & Risk Implications
There are no direct or indirect legal implications affecting Fife Council as Planning
Authority.
As in all circumstances when a refusal of planning permission is agreed or conditions
imposed on an approval, the applicant has a right of appeal within 3 months of the date of
decision, to the Directorate of Planning and Environmental Appeals.
Consultation
Consultation was undertaken with the Executive Director, Corporate Services
(Directorate), who supports the content and recommendation of this report.
Conclusions
In line with the decision of the North East Fife Area Committee to approve the above
application against officer recommendation, it is recommended that the above
conditions/reasons presented in the Recommendation(s) section above be approved.
Background Papers
In addition to the application submission documents the following documents, guidance
notes and policy documents form the background papers to this report.
National Guidance
Scottish Planning Policy 2010
Development Plan
Approved Fife Structure Plan 2006-2026 (2009)
Adopted St Andrews Area Local Plan (1996)
Finalised St Andrews and East Fife Local Plan (2009)
Other Guidance
Fife Council's Supplementary Guidance on Affordable Housing (2011)
Fife Council's Planning Customer Guidelines on Housing Development in the Countryside
(2010)
Fife Council's Planning Customer Guidelines on Garden Ground (2010)
Fife Council's Planning Customer Guidelines on Daylight and Sunlight (2010)
Report Contact
Author Name
Author’s Job Title
Workplace
Telephone
Email
Scott Simpson
Planning Assistant, Development Management
Forth House, Kirkcaldy
08451 55 11 22
development.central@fife.gov.uk