CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 1st February 2007

Subject: Planning Application: Erection Of Domestic Garage At 10 Coalpots Way, Fishcross, Clackmannanshire, FK10 3HP - Ref: 06/00423/FULL

Applicant: Alex Bradie, Golfview, Devonbank, Fishcross, FK10 3GE

Prepared by: Grant Baxter, Principal Planner

Ward 7 Devon & Clackmannan North Councillor McGill

1.0  SUMMARY

1.1.  The proposals involve the erection of a domestic garage within the grounds of a newly completed house at Coalpots Way, Fishcross. The garage is in a location previously approved as part of the planning approval for the erection of the house and its design and finishing materials are acceptable. While the garage lies close to the boundary with the adjoining plot, this does not appear to affect the residential amenity within that plot and the applicant has confirmed that sufficient space exists for him to adequately finish and maintain the external wall of the garage facing this boundary. On this basis the proposals are acceptable and can be recommended for approval.

2.0  RECOMMENDATION

2.1.  The application is recommended for approval subject to the following conditions:

1.  All external finishing materials shall match those of the existing house (10 Coalpots Way) unless otherwise approved in writing by the Council.

REASONS

1.  In the interests of visual amenity.

3.0  BACKGROUND

3.1.  The application site is a house plot in Coalpots Way, Fishcross, upon which a detached bungalow has recently been constructed (Planning Consent Ref: 04/00297/FULL approved 10th November 2004). The approved plans for this house also showed the proposed location of a future detached garage, to the east side of the house and the garage proposed under the application is shown on this approved site.

3.2.  The proposed building would be a single storey, detached pitched roof double garage designed and finished in accordance with the newly completed house.

4.0  CONSULTATIONS

4.1.  Roads and Transportation – No objections provided the garage is a minimum of 5.5 m from the rear of the public footway. Comment: The plans show the front of the garage being more than 10 metres set back from the rear of the public footway.

5.0  PUBLICITY & REPRESENTATIONS

5.1.  A total of 6 occupiers/owners of neighbouring properties have been notified of the planning application. In response, one representation has been received from the following party:

a)  Mr T McNeil, 12 Coalpots Way, Fishcross

5.2  The main reasons for objection can be summarised as follows:

a) The proposed garage is too close to the boundary with the adjoining plot and should be relocated. The proximity of the garage to the boundary could result in loss of residential amenity, and overshadowing of garden. The siting of the garage could set a precedent for other similar garages close to boundaries. Comment: The location of the proposed garage has previously been approved by the Council. The existing boundary between the two plots is currently formed by a low brick wall and high conifer trees. Any overshadowing of the garden by the garage would be no greater than currently exists and in any event would not appear to result in a significant loss of residential amenity. A condition recommends that all elevations of the garage are finished in accordance with approved drawings.

6.0  PLANNING ASSESSMENT

6.1.  The application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this case, the key development plan consideration is Policy RES 12, Householder Developments and Established Amenity of the Clackmannanshire Local Plan adopted 2004. This states that householder developments such as this are only unlikely to be granted where they would affect the degree of sunlight, daylight, amenity and/or privacy enjoyed by occupants of the adjoining or nearby properties; where the mass and form of materials used are alien to the existing building; or where more than 50% of the original garden ground would be lost and off-street parking reduced.

6.2.  While the garage lies close to the boundary of the adjoining plot, it would be some 10m from, and to the rear of, the adjoining house and given its size, height, distance from the house and relationship with the garden of the adjoining plot would not result in the detrimental loss of sunlight, daylight or amenity to the adjoining residents. The design and materials proposed for the garage are in-keeping with the existing house and sufficient garden ground and parking would be retained in accordance with Policy RES 12.

6.3.  A material consideration in determining the application is the comments of the one objector to the application, summarised in the publicity and representations sections above. The concerns of the objector are not borne out by the planning assessment and the application is considered acceptable subject to the conditions proposed in the Recommendation section of this report.

7.0  CONCLUSIONS

7.1.  The proposals for this detached domestic garage are considered acceptable in terms of Policy RES12 of the Clackmannanshire Local Plan and would not result in a loss of sunlight, daylight or amenity to adjoining residents and as such can be recommended for approval subject to appropriate conditions.

8.0  SUSTAINABILITY IMPLICATIONS

8.1.  None.

9.0  FINANCIAL IMPLICATIONS

9.1.  None.

9.2.  Declarations

1. The recommendations contained within this report support or implement Corporate Priorities, Council policies and/or the Community Plan: / Reference
Corporate Priorities
Council Policies / X
Community Plan
2. In adopting the recommendations contained in this report the Council is acting within its legal powers. / þ
3. The full financial implications of the recommendations contained in this report are set out in the report. This includes a reference to full life cycle costs where appropriate. / ¨

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Report For 10 Coalpots Way, Fishcross Page 3 of 4