|NORTH AYRSHIRE COUNCIL|
|Agenda Item 7 |
26 August 2008
|Subject:||Isle of Arran: Whiting Bay: Site to the South of the Lochs: Application for Certificate of Appropriate Alternative Development (CAAD) 08/00570/CAAD|
Application by Scottish Water Solutions for determination of a Certificate of Appropriate Alternative Development for residential use at the above site.
Issue a Certificate of Appropriate Alternative Development stating that planning permission would have been granted for any development for which the land is to be acquired, but not for residential development.
A Certificate of Appropriate Alternative Development (CAAD) is a method if establishing the value of land. The provisions relative thereto are contained in the Land Compensation (Scotland) Act 1963 and the Planning and Compensation Act 1991. Briefly, where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, then either that authority or the owner of the land in question may apply for a CAAD. CAADs are in effect hypothetical planning permissions and are required only for valuation purposes when a public authority is acquiring land compulsory. In this case, Scottish Water was granted planning consent for a waste water treatment works on the site on 24th August 2004 (planning permission no. N/04/00058/PP) and, the applicants state, a Compulsory Purchase Order (CPO) was served on 28th November 2006 for the site; the CPO process is ongoing.
The applicant is required to make a statement as to the use(s) to which the land could be put were it not proposed to be acquired by compulsory purchase and the planning authority may issue a certificate for those uses or for other uses, or conclude that there is no development for which permission would have been given. Conditions that would have been applicable may also be specified by the Planning Authority. The applicant has submitted that the appropriate alternative use would be residential.
The site is rectangular shaped, having a width of 68m, depth of 28m and an area of 0.19 hectares. It adjoins the public road some 35m to the south of Whiting Bay settlement boundary (see attached location plan). The site is an unused field and is overgrown with grasses and weeds.
It is relatively level and a stone wall adjoins the boundary with a public road. To the west, it is adjoined by a steep wooded embankment; to the north and south, by further unused ground; and, to the east, by the shore on the opposite side of the public road.
On 18th August 2008, a further application for a CAAD for residential use of the site was submitted by the owner of the land. The application has yet to be registered.
Roads - No objection.
Response - Noted.
Scottish Water - No objection. Balmichael water treatment works currently has capacity to service the proposed development. Montrose Septic Tank currently has capacity to service the proposed development. The waste water network that serves the proposed development is currently able to accommodate the new demand. A totally separate drainage system will be required with surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system as detailed in Sewers for Scotland 2, if the system is to be considered for adoption.
Response - Noted.
Roads and Transportation Services (Flooding Responsibility) - No reply to date.
The site lies within an area allocated for countryside purposes in the Adopted Isle of Arran Local Plan and is unaffected by any site specific policies or proposals therein. The site is also located within the undeveloped coast as identified in the local plan. In determining an application for a CAAD, the planning authority should not take a decision based solely on the ground that the alternative use applied for would be contrary to the development plan and indeed case law supports the view that the application of current and reasonably foreseeable planning policies is relevant. The site is also located within the undeveloped coast.
New residential development in the countryside is covered by local plan policies ENV1 and in the recently adopted alteration No. 1 by Policies E2, H1 and H2.
With regard to Policy ENV1, criterion (b) permits houses for persons employed in agriculture, forestry or other appropriate rural activity where there is a genuine operational need for a worker to live on site in pursuance of an established rural business. The applicants have not indicated that the housing is required for persons employed in agriculture or their appropriate rural activities and, therefore, there would no operational need for the housing at this location.
Policy E2 deals with housing in support of economic development or diversification. The applicants have not indicated that the housing would be required in support of economic development or diversification.
Policy H1 deals with small scale growth of existing rural housing groups. The site is located outwith the settlement boundary and is relatively isolated from other housing. It forms part of an open field and residential development therein would not constitute small scale growth of an existing rural housing group.
Policy H2 deals with single houses in rural areas. The applicants, however, seek a CAAD for residential development rather than a single dwellinghouse.
Policy ENV9 deals with development in the coastal zone. It states that development within such areas should either be within a settlement, be associated with an existing development, have a specific operational reason to be located on the site, there are no feasible alternative sites available and that the social and economic benefits outweigh the environmental loss. The site is outwith the settlement boundary, it would not be associated with an existing development, no specific operational reason for the development has been demonstrated and there is land available within existing settlements to satisfy demand for housing. If demand is subsequently identified for housing in Whiting Bay, the ribboning of development into the countryside as would be involved here is not considered to be an appropriate way to expand the settlement.
The policies contained in Alternation No. 1 to the Adopted Local Plan encompass the most recent policies and advice on rural development contained within SPP15 and associated planning advice notes and it is unlikely that development that does not accord with them or with the previously adopted policies would be considered appropriate in the foreseeable future.
In conclusion, by applying current and reasonably foreseeable planning policies to the situation, it is considered that there is no justifiable need for the application site to be allocated for residential development.
Issue a Certificate of Appropriate Alternative Development Stating that planning permission would have been granted for any development for which the land is to be acquired but would not have been granted for residential development.
IAN T MACKAY
Assistant Chief Executive (Legal and Protective)