PLANNING APPLICATION: 14/00679/PPP

PLANNING APPLICATION: 14/00679/PPP
In the event that a recommendation on this planning application is overturned the Committee
is reminded of the advice contained on the front page of the agenda for Reports on
Applications
The Proposal
This application seeks planning permission in principle for the erection of 3 detached
houses along the northern edge of Portgordon, to the north of Gordon Street.
This application forms one of three applications submitted by the same applicant for
groups of three houses (9 houses in total) along this northern edge of Portgordon. The
reference numbers of the other applications are 14/00677/PPP and 14/00678/PPP and
have also been referred to this committee meeting for determination.
A separate access for each plot is proposed via the existing road which runs immediately
to the south of the proposed sites.
Indicative site layouts have been provided, which indicate two car parking spaces, waste
storage area, drying area within each site and a small area of open garden ground per
house.
In terms of plot size, Plot 1 measures approx 270 square metres, Plot 2, 230 square
metres and plot 3, 210 square metres.
Indicative house designs have also been provided which show 1 and ¾ storey
dwellinghouses with traditional proportions and features such as skew tabling, chimneys
and sash windows with vertical proportion. The houses are to be finished in harl on the
walls and roof covering of natural slate or red pan tile to match existing neighbouring
properties.
The houses are to be served via public water and sewage system and a SUDs scheme
provided in association with any detailed application.
The Site
The house sites are bounded to the south by the existing private road, with the houses at
24 to 46 Gordon Street beyond.
The separation distances between the site boundaries and the boundaries neighbouring
properties is consistently approx 8 metres for each application. Window to window
separation distances vary from between 18m and 30m.
The site lies within the settlement boundary on land with no specific designation within
the Local Plan. For the avoidance of doubt no part of the sites extends into the Coastal
Protection Zone (CPZ).
The sites consist of open areas of green space, which are presently utilised by
neighbouring properties as drying greens and car parking.
The sites are bounded to the east and west by existing garages utilised by neighbours,
with further garages again used by a neighbouring properties separating plots 1 and 2
with open coastal (CPZ) grassland to the north and the Moray Firth beyond.
Policy / Objections-Representations / Consultations - See Appendix
History
13/01292/PPP - Change of use of land for garages storesheds and drying greens to form 9 new
house plots on land at Portgordon East, to rear of Gordon Street Portgordon. Application
withdrawn on 27 August 2013.
12/01842/PE - Pre application enquiry, advice offered amongst other things in relation to
housing on the proposed sites, identified that the details submitted as part of the enquiry would
depart from Local Plan policy, 27 November 2012
To the north west of the site
13/01712/PPP - Re-establish boatyard and slipway on previous site with new boathouse and
cable ducting to shoreline at land at Portgordon east, to rear of Gordon Street, Portgordon.
Planning permission granted 27 March 2014. Site lies approx 90m north west of the proposed
houses.
To the west of the site
11/01460/APP - Erection of a village hall and associated infrastructure - planning permission
granted 11 November 2011. Site lies approx 161m to the west of the proposed houses.
Advertisement
The application has been advertised under neighbour notification procedures and as a potential
departure from the development plan.
Observations
Section 25 of the 1997 Act as amended requires applications to be determined in accordance
with the development plan i.e. the approved Moray Structure Plan 2007 and the adopted Moray
Local Plan 2008 unless material considerations indicated otherwise. In this case the main
planning issues are considered below.
Impact on character of settlement (H3 and IMP1)
In terms of layout, the applicants have outlined that "the development has been designed to take
respectful cognisance of the shape and form of the existing townscape. The layout of the new
houses takes referencing from both the grid-iron pattern of the 19th century planned village and
the more informal topography of the raised beach and the existing track road network. The
houses themselves are intended to be similar in scale and character to existing properties,
without necessarily being pastiche in execution, and have been carefully positioned with due
respect to the amenity of existing community. Akin to many residential properties found along
the Moray coast, the houses will have minimal garden areas and freedom of access around
them."
In response the sites consist of open areas of green space, which are presently utilised by
neighbouring properties as drying greens and car parking. This narrow strip of land between the
existing houses of Portgordon and the grassland/foreshore area to the north, acts as a low density
transition between the settlement and the wider landscape. The drying greens and garaging with
open space surrounding, that permits public access throughout and fronts onto the foreshore, is a
relatively unique settlement characteristic associated with traditional fishing villages along the
Moray and Aberdeenshire coastline. This is considered to be a key feature in defining the
character of the settlement of Portgordon.
The ground covered by the sites was only ever incorporated within the settlement boundary of
Portgordon in recognition of the presence of existing low density, low impact uses and not to
encourage the development of the site for housing. The proposed housing (3 plots on 710 sq)
would result in a cramped, overdeveloped appearance, which when viewed approaching from
the east would be prominent and result in a stark contrast between the developed settlement line
and wider grassland/foreshore at odds with the existing established character and settlement
characteristics. The development would result in the loss of an important area of green space to
the detriment character of the settlement as a whole and as such is not considered to comply with
policies H3 and IMP1.
As mentioned previously in this report, this application comprises one of three submitted by the
same applicant for a total of nine houses within this narrow strip of land to the north but all
within the settlement boundary of Portgordon. Each application assessed individually is not
considered to comply with Local Plan policy as discussed above, however, for the avoidance of
doubt any adverse impact on the character of the settlement identified in relation to the
individual applications would only be exacerbated by the approval of multiple applications
which would effectively form an additional high density, modern street to the north of this area
of Portgordon eroding the historic character of this area of the settlement.
The applicants have outlined that following the approval of the community hall and boatshed to
the west and north of the site respectively (see history section) the principle of development to
the north of Portgordon has already been established. In response each application should be
considered on its own merits and given the considerable differences between the types of
development concerned and the development plan policies applicable to each application, it
makes it very difficult to draw any comparisons between the proposals.
The indicative designs submitted show 1 and ¾ storey houses with traditional proportions,
features and material finish are considered in general terms to be in keeping with the design of
existing houses in the area, however, the acceptability of the designs proposed does not
overcome the issues in relation to the principle of the development. The applicants have
suggested a pre-determined ‘design code’ could be applied to each of the plots to ensure that the
designs and materials used are in keeping with the village, but such matters would be more
appropriately dealt with at or prior to any further application stage if the current applications
were approved. No ‘design code’ would mitigate against the potential overdevelopment as
mentioned above.
In terms of the indicative designs submitted, it is important to remember that this application is
for planning permission in principle only and design does not form part of the consideration of
this application. However, it is worth noting that given the constraints in terms of site size, it is
likely that any houses proposed would need to be developed over two floors, to achieve a
reasonable level of accommodation. 1 and ¾ storey properties on these sites would emphasise
the overdeveloped and cramped nature of the proposed sites and would also exacerbate the
overall adverse impact on the character of this area within the settlement.
The proposal therefore departs from the design, amenity and siting requirements of the above
policies.
Drainage and flood risk (2 i & j, EP5, EP7, H3 and IMP1)
Following consultation with SEPA and Moray Flood Risk Management (MFRM), SEPA have
confirmed that they have no objection to the development subject to a condition stipulating a
minimal finished floor level of the houses.
MFRM have confirmed that the application site is not shown to be at coastal flood risk, however
the coastal food risk map only considers still water level and does not include storm surge or
wave action. Therefore this site may be at flood risk. On this basis the applicant should provide
information to demonstrate the site specific flood risk and incorporate any mitigation measures
(as required). At the time of writing this report the applicant had yet to submit this additional
information and therefore this issue forms an additional reason for refusal due to lack of
information to fully assess this aspect of the development.
MFRM have also identified that if approved a condition should be applied to the consent to
ensure SUDs details be submitted and incorporated into any future detailed application for the
site.
Access and parking (T2, T5, H3 and IMP1)
Following initial consultation with the Transportation Service clarification and additional
information was sought from the applicants in relation to the indicative layout design submitted.
At the time of writing this report this additional information was yet to be received and
Transportation were asked to finalise their views based on the information submitted to date.
With this in mind it was identified that there were some shortcomings with the indicative layout
submitted such as, the private access track servicing the sites would need to be upgraded to a
minimum of 3m wide with clear space for pedestrians to step out of the way of oncoming traffic
and to provide space for utilities for the house plots. No information has been submitted
regarding the upgrading of existing access onto the A940 at east end of site, which is currently
steep, or with regard to the provision of the required visibility splays.
A passing place would also be required on the access to the east between the A940 (public road)
and Plot 3.
However, notwithstanding the details shown on the indicative layout, in principle transportation
have no objection to the development subject to conditions to ensure adequate information is
submitted at the detailed application stage and that the access/parking arrangements are
constructed to an acceptable standard. The issues raised can all be addressed as part of any
detailed application submitted and therefore the access constraints identified do not justify
refusal of this application for planning permission in principle.
Developer Contributions (IMP3, IMP1 and H3)
The Developer Contributions team have been consulted in relation to the development and
confirmed that contributions would be sought in relation to "community, recreational elements
and library facilities". The applicants have confirmed that they would be happy to make these
contributions.
Affordable Housing (H9)
The applicants have indicated that the plots if approved will be marketed at an affordable level
and that the development could contribute towards the Council's overall targets for affordable
housing provision. This matter has been discussed with the Council's Housing service, who has
confirmed that Portgordon is not a priority settlement for affordable housing provision and that
the service would not wish to promote the site for affordable housing at this stage.
On this basis, no mechanism was discussed or agreed with the applicant as the plots do not meet
the criteria for provision of affordable housing and the proposal should be considered on the
basis that they are for the mainstream housing market.
Conclusions and Recommendation:
Based on the above, the proposal is considered to be contrary to the provisions of the
development plan and is recommended for refusal.
Author/Contact Officer:
Iain T Drummond
Planning Officer
Beverly Smith
Manager (Development Management)
Ext:
01343 563607
APPENDIX
POLICY
Moray Structure Plan 2007 and/or Moray Local Plan 2008
Policy 1: Development and Community
The policy set out below identifies the strategic community development requirements for the
delivery of the structure plan strategyThe Moray Structure Plan Strategy will be supported by:
a)
the identification within the local plan of the business and industrial land allowances set
out in Schedule 1 and the provision of strategic business locations at Elgin and Forres
Enterprise Park and business park opportunities at Buckie, Keith and Lossiemouth;
b)
the encouragement of tourism development opportunities;
c)
the identification within the Local Plan of the housing allowances set out within
Schedule 2;
d)
the provision of affordable housing in association with new housing development where
a demand is identified in the Local Housing Strategy;
e)
the encouragement of low impact, well-designed development in the countryside to
support local communities and rural businesses;
f)
sustaining the vitality and viability of town centres through the support of opportunities
and proposals for retail and commercial development in accordance with the sequential
approach;
g)
promotion of the strategic transport links as set out in Proposal 2;
h)
the protection and enhancement and new provision of facilities for community use,
healthcare, sport and recreation;
i)
the inclusion within Local Plans of a policy requiring appropriate developer
contributions towards healthcare and other community facilities.
Policy 2: Environment and Resources
The Moray Structure Plan Strategy will be supported by: a)
protecting international, national and local nature conservation and scenic designations
from inappropriate development;
b)
protecting the wider natural environment and local biodiversity from inappropriate
development and promote opportunities for environmental enhancement and restoration
where possible;
c)
working in partnership with the Cairngorms National Park Authority and other interested
parties to implement the objectives of the National Park;
d)
restricting development within coastal areas outwith settlements to only that in which
social and economic benefits outweigh environmental impact;
e)
providing protection from development to the countryside around the towns of Elgin,
Buckie, Keith, Forres and Lossiemouth;
f)
conserving and enhancing the areas built heritage resources and their settings;
g)
supporting proposals aimed at regenerating the area’s natural and built environment
including good design;
h)
providing waste management facilities to deliver Area Waste Plan and National Waste
Plan objectives and ensuring that new development is designed to facilitate waste
management practices and promotes the minimisation of waste;
i)
promoting sustainable urban drainage systems (SUDS) in all new developments;
j)
promoting schemes to alleviate flooding in a sustainable and sensitive way using natural
ecosystems and features where possible and also restricting development within flood
risk areas following the guidance set out in the Risk Framework in SPP7: ‘Planning and
Flooding’ and promoting flood risk management schemes to tackle flooding that
threatens existing development and considering development proposals against the Flood
Risk Framework set out in Table 5;
k)
safeguarding the area from pollution and contamination;
l)
promoting opportunities for the sensitive development of renewable energy and
promoting renewable energy in new development;
m)
safeguarding resources for the production of minerals, preferred forestry areas, and prime
agricultural land.
H3: New Housing in Built-Up Areas
New housing within settlement boundaries will be acceptable if:
a.
it does not adversely impact on the surrounding environment, and
b.
adequate servicing and infrastructure is available, or can be made available.
Policy H9: Affordable and Special Needs Housing
Proposals for new housing developments of 10 houses or more on designated or undesignated
sites, will be expected to provide an "affordable housing" element. The specific contribution will
be assessed at the time of the planning application, and will be informed by Moray Council’s
Supplementary Guidance on Affordable Housing and the most recent Housing Needs
Assessment. The preparation or revision of Supplementary Guidance will be subject of
stakeholder consultation prior to adoption. There are various forms in which the affordable
housing contribution can be provided (such as social rented; homestake; and others as listed in
PAN74, para 11). Where the developer can demonstrate that there are exceptional site
development costs, the requirement for affordable housing may be reduced, to ensure the
cumulative burden on the overall development does not make the development unviable. Whilst
the preference will be to locate affordable housing within the site of the related development,
other options may include off site contributions, or through the provision of commuted
payments.
Policy T2: Provision of Road Access
The Council will require that a suitable and safe road access from the public highway is
provided to serve new development and where appropriate any necessary modifications to the
existing road network to mitigate the impact of development traffic, and the provision of
appropriate facilities for public transport, cycling, and pedestrians. Access proposals that have a
significant adverse impact on the surrounding landscape and environment that cannot be
mitigated will be refused.
SPP17 details that there will be a presumption against new accesses onto a trunk road, and that
the Scottish Executive will consider the case for such junctions where nationally significant
economic growth or regeneration benefits can be demonstrated.
T5: Parking Standards
Proposals for development must conform with the Council’s policy on parking standards.
T7: Cycling, Walking and Equestrian Networks
The Council will promote the improvement of the cycling, walking, equestrian and motorised
sport path networks within Moray. It will give priority to the path networks and to long distance
routes including the Aberdeen to Inverness National Cycle Route and the Speyside Way.
Development proposals that adversely impact on the routes and cannot be adequately mitigated
will not be acceptable.
Dependant on funding the Council will examine the possibility of an extension of the Elgin to
Lhanbryde footpath network.
E8: Coastal Protection Zone
Development proposals within the Coastal Protection Zone (CPZ) as identified on the proposals
map will be refused except:
a.
where there is an existing use,
b.
it is an appropriate extension or change of use to existing buildings, or replacement of
existing buildings,
c.
for low intensity recreational or tourist use e.g. golf courses, driving ranges, sports fields,
d.
for uses directly related to agriculture, forestry and fishing.
Proposals that are appropriate within the policy must not prejudice the objectives of the CPZ or
adversely affect the ecological, geomorphological or landscape importance of the area.
Development will not be permitted on any parts of the coast that are identified as being at risk
from flooding or erosion.
E9: Settlement Boundaries
Settlement Boundaries are drawn around each of the towns, villages and rural communities
representing the limit to which these settlements can expand during the Local Plan period.
Development proposals immediately outwith the boundaries of these settlements will not be
acceptable, unless the proposal is a designated "LONG" term development site which is being
released for development under the terms of policy H2.
EP5: Surface Water Drainage: Sustainable Urban Drainage Systems (SUDS)
Surface water from development should be dealt with in a sustainable manner that avoids
flooding and pollution and promotes habitat enhancement and amenity. All sites should be
drained by a SUDS system or equivalent. A Drainage Assessment will be required for
developments of 10 houses, or greater than 100 sq metres for non residential proposals.
Applicants must agree provisions for long term maintenance to the satisfaction of the Council,
SEPA and Scottish Water.
EP7: Control of Development in Flood Risk Areas
Proposals for development in areas considered to be at risk from flooding will only be permitted
where a flood risk assessment to comply with the recommendations of National Guidance and
be satisfactory to both SEPA and the Council is provided by the applicant. The assessment must
demonstrate that any risk from flooding can be satisfactorily mitigated without increasing flood
risk elsewhere. New development should not take place if it would be at significant risk of
flooding from any source or would materially increase the possibility of flooding elsewhere.
Due to continuing changes in climatic patterns, the precautionary principle will apply when
reviewing any application for an area at risk from inundation by floodwater. The following
limitations on development will also be applied to take into account the degree of flooding as
detailed in National Guidance;
a.
in areas of little of no risk (less than 0.1%) there will be no general constraint to
development.
b.
areas of low to medium risk (0.1% to 0.5%) will be considered suitable for most
development. However, these areas will generally not be suitable for essential civil
infrastructure such as hospitals, fire stations, emergency depots etc. Where such
infrastructure has to be located in these areas or is being substantially extended, they
must be capable of remaining operational and accessible during extreme flooding events.
c.
in areas of medium to high risk (0.5% or above)
i.
in built up areas most development may be acceptable if flood prevention
measures exist, are under construction, or are planned.
ii.
essential civil infrastructure will generally not be permitted.
iii.
undeveloped and sparsely developed areas are generally not suitable for
additional development. Exceptions may arise if a location is essential for
operational reasons.
EP9: Contaminated Land
Development proposals on potentially contaminated land will be approved if:
a.
site specific risk assessments are undertaken by the applicant to identify any actual or
possible significant risk to human health or safety, or to the environment and that any
previous historic uses are not continuing to cause significant pollution to the water
environment, and
b.
effective remediation measures are agreed to ensure the site is made suitable for any new
use granted consent, and
c.
appropriate measures for the disposal of any contaminated material is agreed with the
Council.
The Council will consult SEPA in respect of pollution of controlled waters and licensing issues
arising from remediation works.
EP10: Foul Drainage
All development within or close to settlements (as defined in the Local Plan) of more than 2,000
population equivalent will require to connect to the public sewerage system unless connection to
the public sewer is not permitted due to lack of capacity. In such circumstances, temporary
provision of private sewerage systems may be allowed provided Scottish Water has confirmed
that investment to address this constraint has been specifically allocated within its current
Quality and Standards Investment programme and the following requirements apply:
i.
systems shall not have an adverse impact on the water environment;
ii.
systems must be designed and built to a standard which will allow adoption by Scottish
Water;
iii.
systems must be designed such that they can be easily connected to a public sewer in the
future. Typically this will mean providing a drainage line up to a likely point of
connection.
All development within or close to settlements (as identified in the Local Plan) of less than
2,000 population equivalent will require to connect to the public sewerage system except where
a compelling case is made otherwise. Factors to be considered in such a case will include the
size and dispersal of the settlement, the size of the proposed development, whether the
development would jeopardise delivery of public sewerage infrastructure and existing drainage
problems within the area. Where a compelling case is made, a private system may be acceptable
provided it does not pose or add to a risk of detrimental effect, including cumulative, to the
natural and built environment, surrounding uses or the amenity of the general area. Consultation
with SEPA will be undertaken in these cases.
Where a private system is deemed to be acceptable (within settlements as above or small-scale
development in the countryside) a discharge to land (either full soakaway or raised mound
soakaway) compatible with the Technical Handbooks (which set out guidance on how proposals
may meet the Building Standards set out in the Building (Scotland) Regulations 2004) should be
explored prior to considering a discharge to surface waters.
IMP1: Development Requirements
New development will require to be sensitively sited, designed and serviced appropriate to the
amenity of the surrounding area. It must meet the following criteria:
a.
the scale, density and character must be appropriate to the surrounding area,
b.
the development must be integrated into the surrounding landscape,
c.
adequate roads, public transport, and cycling and footpath provision must be available, at
a level appropriate to the development,
d.
adequate water, drainage and power provision must be made,
e.
sustainable urban drainage systems should be used where appropriate, in all new
developments
f.
there must be adequate availability of social, educational, healthcare and community
facilities,
g.
the development should, where appropriate, demonstrate how it will incorporate
renewable energy systems and sustainable design and construction. Supplementary
Guidance will be produced to expand upon some of these criteria,
h.
provision for the long term maintenance of public landscape and amenity areas must be
made,
i.
conservation of natural and built environment resources must be demonstrated,
j.
appropriate provision to deal with flood related issues must be made, including the
possibility of coastal flooding from rising sea levels and coastal erosion,
k.
pollution, including ground water must be avoided,
l.
appropriate provision to deal with contamination issues must be made, and
m.
the development must not sterilise significant workable reserves of minerals, prime
quality agricultural land, or preferred areas for forestry planting.
n.
where appropriate, arrangements for waste management should be provided.
Policy IMP3: Developer Contributions
Contributions will be sought from developers in cases where, in the Council’s view, a
development would have a measurable adverse or negative impact on existing infrastructure,
community facilities or amenity, and those contributions would have to be appropriate to reduce,
eliminate or compensate for that impact.
Where the necessary contributions can be secured satisfactorily by means of planning conditions
attached to a planning permission, this should be done, and only where this cannot be achieved,
for whatever reason, the required contributions should be secured through a planning agreement.
T1
Speyside Way and Coastal Footpath
The routes of the Speyside Way Long Distance Footpath and the Moray Coast Trail through
Portgordon will be safeguarded and protected from development.
T2
Sustrans Cycle Route
The route of the SUSTRANS long distance cycle route through Portgordon will be safeguarded
and protected from development.
OBJECTIONS-REPRESENTATIONS
53 letters of representation were received from the following people listed below, 14 were in
support of the development and 39 objected to the proposals:
Mrs Maureen Burrows of 2 Garden Lane Portgordon Buckie AB56 5SF
Mrs Liz Knight of Sunnybrae Slackend Portgordon AB56 5BS
Mr Andy Logan of 12 Duke Street Portgordon Buckie AB56 5RH
Mr Robert Wheeler of 13 Gordon Street Portgordon AB565QR
Mr Jeremy Burrows of 2 Garden Lane Portgordon Buckie AB56 5SF
Mr William Fitzsimmons of 19 Gordon Street Portgordon AB56 5QR
Mrs M Donaldson of 28 Richmond Place Portgordon Buckie AB56 5QX
Mr Paul Brinton of 5 West High St Portgordon Buckie AB56 5QS
Mrs Elaine Wilson of 14 Lennox Place Portgordon Buckie AB56 5Y
Mr Gordon Bowie of 8 Richmond Terrace Portgordon AB56 5RA
Mrs Sandra Anderson of 40 Gordon Street Portgordon Buckie Moray AB56 5QR
Mrs Carol Mason-Corkery of 36 Gordon Street Portgordon Buckie Moray AB56 5QR
Mr Graeme Smith of 32 Gordon Street Portgordon Buckie Moray AB56 5QR
James and Carolyn MacKenzie of 28 Gordon Street Portgordon Buckie Moray AB56 5QR
Mr Frank Knight of Sunnybrae Slackend Portgordon AB56 5BS
Mr Stuart Farquhar of Cressfield St Abbs Road Coldingham TD14 5NR
Mrs Christine Crammond of 4B Stewart Street Portgordon Buckie Moray AB56 5QT
Gill Lacamp of 44 Gordon Street Portgordon Buckie Moray AB56 5QR
Mr A Cairns of 45 Gordon Street Portgordon Buckie Moray AB56 5QR
Mr Stuart McGuigan of 32 Allan Street Aberdeen AB10 6HD
Mrs Alison Farquhar of 6 Cathcart Street Portgordon AB565RU
Mrs Doreen Smith of 32 Gordon Street Portgordon Buckie AB56 5QR
Mr Garry Farquhar of 6 Cathcart Street Portgordon AB56 5RU
Mr Ross Ackroyd of 13 Thwaites Avenue Ilkley LS29 8EH
Mr Duncan Rumbles of 15 Richmond Place Portgordon Buckie AB56 5QX
Mr Douglas Wilson of 14 Lennox Place Portgordon AB56 5RY
Mrs Sonia Lawrance of 39 Gordon Street Portgordon Moray AB56 5QR
Mr Michael George of 2 Shore Street Portgordon Buckie AB56 5RW
Mr Tim Coffey of The Grove Cabragh Thurles County Tipperary Ireland
Mr Jake Burrows of 2 Garden Lane Portgordon Buckie AB565SF
Mrs Barbara Coffey of The Grove, Cabragh Thurles County Tipperary Ireland
Mrs Caroline Edwards of 9 Richmond Place Portgordon Buckie AB56 5QX
Mrs Ella Kingaby of 19 Hillview Drive Lively Ontario Canada P3Y 1H4
Mrs Ella Kingaby of 6 Cathcart Street Portgordon ab15 4ty
Ms Lorraine Hall of 4 Shore Street Portgordon AB56 5RW
Mr Daniel Farquhar of 10 Gairnshiel Place Aberdeen AB165NB
Mrs Alison Proudfoot of 4 Shore Street Portgordon AB56 5RW
Mr David Lawrance of 39 Gordon Street Portgordon Moray AB56 5QR
Corinna Schwarz of NO ADDRESS GIVEN
Mr Joe Reid of C/o Karine Suller Suller and Clark Planning Consultants Scoutbog Steading
Oldmeldrum Aberdeenshire AB51 0BH
Mrs Deborah Westover of 4 Saunders Tunbridge Wells TN4 8LB
Mr Martin Bain of 7 Maple Court Coldwater Ontario Canada I0K 1E0
Mr David Webster of 70 Merkland Lane Aberdeen AB24 5RN
Mr Paul Hay of 2 Reid Terrace Portgordon AB56 5RB
Mr Ben Farquhar of 15 Gean Court Balmedie Aberdeenshire AB23 8ST
Mr Sean Edwards of 9 Richmond Place Portgordon AB56 5QX
Mr Kevin Bain of 8 Park Worthington, Ontario, Canada, P3Y 1H4
Mrs Jan Bayly of 107 Kantola Road Lively P3Y 1H4
Mrs Pringle George of 2 Shore Street Portgordon Buckie Ab56 5RW
Mr Keith Hall of 5 Richmond Terrace Portgordon Buckie AB56 5RA
Mr Rod Farquhar of West Cookney Netherley Stonehaven AB39 3SA
Miss Denise Robson of 25 Gordon Street Portgordon Buckie AB56 5QR
A summary of the main grounds of objection are provided below:
Ground stability and damage to third party property
The existing ground conditions are unstable as the sites lies on a shingle beach.
The houses will not be able to withstand the force of storms
Any construction work on this unstable ground will cause damage to objector's properties
as they have no foundations.
Comments (PO): Issues relating to the structural design of the proposed houses are matters that
will be addressed as part of any future building warrant application and should not be taken into
account in the determination of this application. Any damage to neighbouring properties as a
result of the development is a private matter for any developer to address and is not a matter that
can be taken into account in the determination of planning applications. Having said this, given
the substantial works carried out in this area previously to install the Scottish water
infrastructure which did not result in damage to neighbouring properties it is anticipated that the
proposed houses could be constructed without any adverse impact.
Public sewage infrastructure
The existing sewage system has insufficient capacity to accommodate the new houses.
Comments (PO): Scottish water have been consulted in relation to the development and have
no objection to the approval of the application.
Impact on amenity and character of surrounding village
The proposals represent overdevelopment of the site
Two and a half storey houses would not be appropriate for the area.
The development will have an adverse impact on the historic character of Portgordon.
Loss of view
Loss of daylight for neighbouring properties.
Impact on privacy of neighbouring properties.
The development will have an adverse impact on the character of the Coastal Protection
Zone. Although not within the CPZ the development by virtue of its scale and mass will
seriously and detrimentally affect the nature of the CPZ and the character of the village
and its setting.
The drying greens are part of the character and history of the settlement and should be
retained and preserved.
Comments (PO): Issues relating to overdevelopment of the site and impact on the character of
the settlement and surrounding area have been discussed in the observations section of this
report where it is concluded that the development has an unacceptable impact and is
recommended for refusal on this basis.
With regard to loss of daylight and privacy impact this issue would be considered at any further
detailed application stage if approved.
Loss of view is not a material consideration and cannot be taken into account in the
determination of this application.
Flood risk and drainage
The development is at risk of coastal flooding and run-off from the railway embankment
and will increase the risk of flooding elsewhere.
If the harbour wall is removed or reduced in size then these properties could be at risk
from flooding.
Comments (PO): At the time of writing this report the Moray Flood Risk Management Team
did not have enough information to fully assess the development in term of coastal flood risk
and as such the application has been recommended for refusal on this basis. SEPA have also
been consulted and have no objection to the development subject to a condition to ensure the
houses are built with a minimum finished floor level. MFRM have also highlighted that if
approved a condition should be applied to the consent to ensure appropriate SUDs scheme is
provided at the detailed application stage.
Affordable Housing
Specialist foundations will be required for the ground conditions of the sites, which will
make them cost prohibitive and the houses will not be affordable as outlined by the
applicants.
Comments (PO): The proposed houses have been determined on the basis that they constitute
mainstream housing and not affordable housing.
Open plan layout
The open plan areas around the houses are unlikely to remain as such when owners wish
to demark their properties.
Comments (PO): If recommended for approval this is a matter which could be controlled via
condition.
Speyside Way
Walkers and cyclists using the Speyside Way which runs through the site will be put at
increased risk with increased traffic in the area.
Comments (PO): The Council's Access Manager has been consulted and has no objection to the
approval of the application.
Access and parking
The access serving the sites is substandard and its increased use will result in road safety
issues.
There is inadequate parking provision for the houses.
The development will result in a "rat run" along the rear of the existing houses.
There is insufficient space for refuse vehicles to serve the proposed houses.
Comments (PO): The transportation service has no objections to the principle of the
development subject to conditions to ensure a safe access layout and adequate parking provision.
They have, however, raised concerns regarding shortcomings of the indicative layout plans
provided in support of the application.
Noise impact
Noise impact as a result of increased activity in and around existing properties.
Comments (PO): Environmental Health has been consulted in relation to the development and
has no objection to the approval of the application on noise impact grounds.
Legal right to develop land
Under the Law of Prescription the applicants have no right to develop the land.
Comments (PO): Following clarification from the Council's Legal Service this issue is a private
legal matter between the objectors and land owner and is not one which should restrict a
decision being made on a planning application.
Development contrary to emerging Local Development Plan
The development is contrary to the requirements of the proposed 2015 Local
Development Plan which identifies the site as ENV8.
In the new proposed 2015 Local Development Plan this area is to be designated ENV8.
This means that the decision to protect this storm beach has already been made. Why let
development plans be passed in 2014? What is the point of using resources to devise this
important plan for Moray just to ignore it?
Comments (PO): The site is identified as an ENV area within the Emerging Local development
Plan; however, the Emerging Plan has no material weight and cannot be taken into account in
determining current applications.
Sites should be considered through the development plan process
The lack of housing being developed on other sites in Portgordon does not justify
development of this site. The proper way to put forward such a proposal is through a bid
to the development plan process and it is noted that no such bid was made.
Comments (PO): This issue would not be relevant to the determination of the current planning
application.
Impact on natural environment
The development will have a negative impact on protected plant species.
The foreshore is a protected area.
Major construction works could be harmful to the protected seal colony, which is just
300 m away.
Comments (PO): Scottish Natural Heritage has been consulted in relation to the development
and has no objection to the approval of the application. The proposed sites lie within the
settlement boundary of Portgordon and not within the CPZ designation.
Accuracy of plans
The objector has outlined that the proposed location plans are inaccurate as it shows the
parcel of land in his ownership in the wrong place.
Comments (PO): Disputes relating to land ownership boundaries etc is a private legal matter
between the applicants and objectors, the applicants have confirmed that the ownership details
are correct to the best of their knowledge. This issue has however been highlighted to the
applicants and they have reconfirmed the plot sizes to the Council.
Garden ground
There is a lack of private garden ground associated with the proposed houses which is
not in keeping with the surrounding properties.
Comments (PO): Many of the properties in the surrounding area have little or no garden ground
as is typical of traditional fishing villages, therefore this issue is not considered to merit the
refusal of the application
Adverse impact on Scottish water infrastructure
If you look at the plans from Scottish Water who put in our new sewage system you will
see that the sewage piping that comes along the top of the shore cuts right across this
planned housing site and enters the pumping station from the west. If any breakages of
piping occur the rear of these town houses will be affected, and truly this is not a viable
plan.
Comments (PO): Scottish Water have been consulted in relation to the development and have
no objection to the approval of the application.
Comments made in favour of the development
Impact on wider community
The development will breathe new life into the village which is slowly dying.
The development will encourage more families into the village which will in turn support
the village school.
Comments (PO): The development must be assessed in terms of Moray Development Plan
policy any potential benefits to the wider community including school numbers etc does not
justify approval of this application.
Impact on amenity
The proposed houses are far enough back from existing properties to ensure they will not
pose a problem in relation to privacy, blocking light etc
Comments (PO): With regard to loss of daylight and privacy impact these issues are discussed
in the observations section of this report where it is concluded that there is insufficient impact to
justify refusal on this basis.
Impact on character of the village
The development will enhance the appearance of the entrance to the village which is
presently untidy.
Comments (PO): Issues relating to impact on the character of the settlement and surrounding
area have been discussed in the observations section of this report where it is concluded that the
development has an unacceptable impact and is recommended for refusal on this basis.
Structural stability of houses
Building on shingle is a matter for professionals to decide upon and not the local people.
If the existing garages can remain standing in storm conditions then it is likely that
houses designed for the site can withstand such weather.
Comments (PO): Issues relating to the structural design of the proposed houses are matters that
will be addressed as part of any future building warrant application and should not be taken into
account in the determination of this application.
Speyside Way
The development will protect the interests of the Speyside Way.
Comments (PO): The Council's Access Manager has been consulted and has no objection to the
approval of the application.
CONSULTATIONS
SEPA - No objections, subject to a condition relating to minimal finished floor levels.
Moray Flood Risk Management - Requests additional information in order to fully assess the
proposal in terms of flooding and recommends conditions in relation to SUDs provision.
Scottish Natural Heritage - No objections.
Regional Archaeologist - No objections.
Lennox Community Council - No objections.
Scottish Water - No objections.
Transportation - No objections to the principle of the development subject to conditions to
ensure a safe access layout and adequate parking provision. Concerns raised regarding
shortcomings of the indicative layout plans provided in support of the application.
Environmental Health - No objections.
Contaminated Land - No objections.
Moray Access Manager - No objections.
Development Plans - The introduction of housing interspersed between the existing garages and
drying areas is at odds with the character of Portgordon. This less developed area of land
provides the context and connection between the existing strong building line and the foreshore.
The introduction of what in effect would have the appearance of an additional row of houses
have a detrimental impact on the character of the village and for this reason this area of land
should not be developed for housing.
Developer Contributions - Contribution sought towards "community, recreational elements and
library facilities".
Building Standards - No objections.

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