Central Planning Committee

Central Planning CommitteeConference Room 2, Ground Floor (West), Fife House, GlenrothesWednesday, 17th April, 2013 - 2.00 p.m.________________________________________________________________________1. APOLOGIESAGENDA2. DECLARATIONS OF INTEREST - Members of the Committee areasked to declare any interest(s) in the particular items on the agendaand the nature of the interest(s) at this stagePage Nos.3. CENTRAL PLANNING COMMITTEE - MEMBERSHIP AND TERMSOF REFERENCE - Report by Linda Bissett, Senior Manager(Democratic Services).1 - 34. APPOINTMENT OF VICE-CHAIR.DEVELOPMENT MANAGEMENT5. APPLICATIONS FOR DETERMINATION - Reports by Head ofEnterprise, Planning & Protective Services on:-(a)(b)(c)12/04322/FULL - Erection of Biomass Fuel Pallet ProductionBuilding - land to west of Whitworth Road, Glenrothes -Intelligent Energy (Europe) Ltd.12/04425/FULL - Erection of A Class 1 retail unit and a hotfood takeaway (sui generis) with associated new access, 28parking bays and landscaping - Oast House, CaskieberranRoad, Glenrothes - Mr. David Tibb.12/04992/FULL - Erection of four detached dwellinghousesand extension to dwellinghouse (re-submission of11/00547/FULL) - Mayview Fa-Latch Road, Balcurvie,Windygates - Mr. Alan Baxter.ITEM FOR NOTING/4 - 910 - 1819 - 28

- 2 -ITEM FOR NOTINGPage Nos.6. APPLICATIONS FOR PLANNING PERMISSION, BUILDINGWARRANTS AND AMENDED BUILDING WARRANTS GRANTEDUNDER DELEGATED POWERS – Lists of applications grantedunder delegated powers for the period 1st January to 22nd March,2013.NOTE:These lists are available to view with theCommittee Papers on Fish and Fife Direct.Michael Enston,Executive Director,Corporate Services.Fife House,North Street,Glenrothes,Fife. KY7 5LT10th April, 2013If telephoning, please ask for:-Elizabeth Mair, Committee Administrator, Fife House, GlenrothesTelephone: 08451 555555 Ext. 442304) or E-mail: Elizabeth.mair@fife.gov.ukAgendas and papers for all Committee meetings can be accessed onwww.fifedirect.org.uk/committeescPC 170413 LL

Central Planning Committee17th April, 2013Agenda Item No. 3Central Planning Committee - Membership andTerms of ReferenceReport by:Linda Bissett, Senior Manager (Democratic Services)Wards Affected: 10, 11, 12, 13, 14, 15, 16, 22, 23PurposeTo advise members of the membership and terms of reference of the CentralPlanning Committee.Recommendation(s)The Committee is asked to note the report.Resource ImplicationsNone.Legal & Risk ImplicationsNone.Impact AssessmentAn EqIA Checklist is not required as the report does not propose a change toexisting policies and practices.ConsultationNone.1.0 Background1

1.1 At its meeting on 13th December, 2012, Fife Council approved proposals for theestablishment of three Planning committees for the North East, Central and Westparts of Fife. The boundaries are those of Central Fife Area; Levenmouth, Kirkcaldyand Glenrothes Areas.1.2 The Council decided on 21 st February, 2013 that the Chair of Central AreaCommittee shall be the Chair of Levenmouth Area Committee. The Committee isentitled to nominate its own Vice-Chair if required.2.0 Membership2.1 The membership of the Central Planning Committee is as follows -Councillor Tom Adams (Chair)Councillor David AlexanderCouncillor John BeareCouncillor Lawrence BrownCouncillor Kay CarringtonCouncillor Neil CrooksCouncillor David GrahamCouncillor Peter GrantCouncillor Bill KayCouncillor George KayCouncillor Arthur MorrisonCouncillor Kay MorrisonCouncillor Andrew RodgerCouncillor Ian SloanCouncillor Ross Vettraino3.0 Terms of Reference3.1 The terms of reference and functions of the Planning Committees are to deal, inrespect of their geographical extent, with the following matters: -3.2/considering all planning applications (including the holding of predeterminationhearings) which are to be determined by the full Council;determining all planning and other development applications which can bedetermined by a Committee;responding on behalf of the Council to all planning and other developmentapplications of whatever nature lodged with other planning authorities whichhave an impact on Fife;planning enforcement matters, reports and the serving of notices insofar asnot delegated;2

3.2 Where any application has an impact beyond the geographical boundary of a singlePlanning Committee, the Proper Officer shall determine (in consultation with theHead of Enterprise, Planning and Protective Services and the relevant Chair(s)),which Committee should determine the application. Normally, this will be theCommittee within which all or the majority of an application site is located. Provisionshall be made, as necessary, for the views of other committees to be sought.List of AppendicesNone.Background PapersNot applicable.Report ContactElizabeth MairCommittee Administrator (Democratic Services)Fife House, GlenrothesTelephone: 08451 555555, Ex 442304E-mail – elizabeth.mair@fife.gov.uk3

COMMITTEE: CENTRAL PLANNING COMMITTEE COMMITTEE DATE: 17/04/2013ITEM NO: 5(a)APPLICATION FOR FULL PLANNING PERMISSION REF: 12/04322/FULLSITE ADDRESS:PROPOSAL :APPLICANT:WARD NO:CASE OFFICER:LAND TO WEST OF WHITWORTH ROAD GLENROTHESERECTION OF BIOMASS FUEL PELLET PRODUCTIONBUILDINGINTELLIGENT ENERGY (EUROPE) LTD MR KENNETH GREIGBYRESLOAN COALTOWN OF BALGONIENW14Glenrothes West And KinglassieSharon DorwardDATEREGISTERED:19/11/2012REASONS FOR REFERRAL TO COMMITTEEThis application requires to be considered by the Committee because:The site is owned by Fife Council and therefore the Council has a financial interest in theapplication.SUMMARY RECOMMENDATIONThe application is recommended for:Conditional ApprovalASSESSMENT AGAINST THE DEVELOPMENT PLAN AND OTHER MATERIALCONSIDERATIONSUnder Section 25 of the Planning Act the determination of the application is to be made inaccordance with the Development Plan unless material considerations indicate otherwise.1.0 Background1.1 The application site is situated within the Glenrothes settlement area boundary and locatedwithin Southfield Industrial Estate. The site is identified within the Adopted Mid Fife Local Plan(2012) as an allocated site for general employment land. The site measures approximately 1.9hectares and is currently vacant grassed land gently sloping to the south west, with an accessfrom the eastern boundary on to Whitworth Road.4

1.2 The application seeks full planning permission for the erection of a biomass fuel pelletproduction plant. The building to house the plant is proposed to a height of approximately 13.5metres with a pitched roof and a footprint of approximately 2,068 square metres. No externalfinishes are stated, access to the site is proposed from Whitworth Road. The pellet process isthe formation of biomass pellets by taking biomass material (straw, rape straw); cutting,shredding and compressing it to form pellets for onward sale. The straw arrives withinpredetermined moisture limits, and does not require drying during the process, and as there isno drying cycle there is no requirement for a heating plant.2.0 PLANNING ASSESSMENT2.1 The issues to be assessed against the development plan and other guidance are as follows:-- Principle of Development- Visual Impact- Road Safety- Air Quality- Drainage2.2 Principle of Development2.2.1 The proposal forms part of an existing industrial estate development within the settlementboundary of Glenrothes and as such the principle of development is already established. Thesite is located in an area which is identified as a proposed Employment Area in the Adopted MidFife Local Plan (2012) and allocated for general employment. The proposal would therefore becompatible with the employment use of the area and the provisions of the development plan inthis regard subject to compliance with other policies as assessed in the following paragraphs.2.3 Visual Impact2.3.1 Policies E2 and E4 of the Adopted Local Plan state that development should make apositive impact to its surrounding environment in terms of environmental impact and the qualityof place it will create. New development is expected to demonstrate a commitment to landscapeprotection, demonstrate well thought out design and make the best use of site attributes.2.3.2 In this instance it is considered that the proposed development complies with the abovepolicies in terms of positioning of the building, within an area of similar industrial andemployment units. A condition is proposed to ensure that details of external finishing materialsare submitted, to ensure that the visual appearance of the building is compatible with thoseadjacent.2.5 Road Safety2.5.1 SPP (Transport) advises that decisions on new developments should take account of theexisting transport network and environmental and operational constraints. Policy T1 of theApproved Structure Plan advises that development proposals must be accessible and be locatedwhere road network capacity is or can be made available. Policy T1 of the Adopted Local Planhas similar provisions to the Structure Plan policy whilst Policy T2 of the Adopted Local Planadvises that proposals will be supported where they do not exacerbate a road safety problemand that car parking requirements, turning areas, visibility splays and other detailed road mattersshould meet the design standards adopted by Fife Council.5

2.5.2 In this instance Transportation Development Management have considered the applicationand recommend approval subject to conditions in the interest of road safety. The applicantadvised that there would be an average of 28 lorry movements, in and out, throughout the day.10 of these will be articulated lorries. It is anticipated that the raw material will come from withina 60km radius. It is recommended that visibility splays and off street parking are provided inaccordance with the current Fife Council Transportation Development Guidelines and 'DesigningStreets' Supplementary Guidance. It is noted that drawing no. BBL/IEE/03 illustrates 12 parkingspaces and that guidelines would dictate that 35 parking spaces are required by theTransportation development Guidelines, however, the applicant has advised a maximum ofseven operatives will be employed at the plant. As there is sufficient space within the applicationsite for the additional parking required, a planning condition is proposed to ensure the shortfall isprovided for within the site should the site transfer to another industrial process which is morelabour intensive, without needing to benefit from further planning consent.2.6 Air Quality2.6.1 Policy I1 of the Adopted Local Plan states that renewable energy developments will besupported provided that there is no significant adverse impact on local communities or the builtand natural environment. Fife Council's Protective Service's contaminated land team haveassessed the application and requested further information in terms of the number andclassification of vehicle movements associated with the facility during operation andspecifications should the facility be proposed with its own biomass unit for the drying of pelletsand/or the heating facility. It was confirmed that telehandler and fork-lift vehicles would be fittedwith appropriate exhausts and filters to maximise air quality and that, as the straw required forthe pellet production would arrive at predetermined moisture limits, therefore there is no dryingcycle and no requirement for a heating plant. Environmental Services have confirmed that theyare satisfied with no further comments to make. The proposal is therefore considered to beacceptable and would comply with the development plan in this regard.2.7 Drainage2.7.1 SPP (Flooding and Drainage), Policy SS1 of the Approved Fife Structure Plan, Policies I4and I5 of the Adopted Local Plan state that developments will not be supported if they wouldincrease the risk of flooding, nor will they be supported if sustainable urban drainage systems(SUDS) or other similar appropriate measures are not undertaken. Policy I3 of the AdoptedLocal Plan states that developments should not place unacceptable demands on publicinfrastructure including drainage systems. The applicant has submitted a drainage assessmentwhich concludes that there should be no issues in terms of flooding of the proposeddevelopment, or downstream as a result of the development. SUDS treatment is outlined asfilter trenching and permeable surfacing.2.7.2 SEPA has been consulted on the application and responded to note that the applicantintends to make provision for the sustainable drainage of water (SUDS) but it has not beenconfirmed in detail how this would be achieved. SEPA are therefore recommending that in orderfor them to support the application a condition to request full details of a finalised SUDS schemeshould be attached to any planning permission. Fife Council's Structural Services have alsoassessed the application and following the receipt of additional information have advised thatdetailed development proposals for the surface water drainage and SUDS provisions within thedevelopment site must be submitted, it is considered that a planning condition would beacceptable in this case. Following the addition of such a condition, the application would complywith the development plan with regard to water and drainage issues.6

CONSULTATIONSScottish WaterScottish Environment Protection AgencyEP+PS - Contaminated LandStructural Services (Harbours, Flood AndCoast)TransportationEP+PS - Public And EnvironmentalProtectionNo comments received.Recommending a condition is attached to anyapproval in relation to the submission ofSUDS details.No comments to make following the receipt offurther information.Recommending a condition is attached to anyapproval in relation to the submission ofSUDS and flooding details.Recommending conditional approval.No comments to make.REPRESENTATIONSNo representations have been received in relation to this applicationCONCLUSIONSThe proposal is considered to be acceptable in meeting all of the terms of the Development Planand national guidance with regards to business and industry proposals. The proposal is alsoconsidered acceptable in road safety and drainage terms and would be acceptable in terms ofdesign.RECOMMENDATIONIt is accordingly recommended that the application be approved subject to the followingconditions and reasons:1. BEFORE CONSTRUCTION OF THE BIOMASS FUEL PELLET PRODUCTION PLANTCOMMENCES, detailed development proposals for the surface water drainage and SUDSprovisions within the development site and an amended Drainage Assessment Report toconsider all aspects of flood risk shall be submitted for the prior approval of Fife Council asPlanning Authority. Thereafter the SUDS system shall be implemented as prescribed.Reason: In order to ensure compliance of the SUDS scheme and flood risk with Fife Councilas Flood Prevention Authority.2. BEFORE THE BIOMAS FUEL PELLET PRODUCTION PLANT IS BROUGHT INTO USE, 35off-street car parking spaces shall be provided in accordance with current Fife CouncilTransportation Development Guidelines and thereafter they shall be maintained and keptavailable as such. BEFORE ANY WORKS STARTS ON SITE, a detail of the proposed carparking layout showing the 12 spaces shown on the approved plan BBL/IEE/03 delineated, and23 further un-delineated spaces and access thereto, shall be submitted for the prior writtenapproval of the Planning Authority.Reason: In the interests of road safety and to ensure adequate provision of off-streetparking.7

3. BEFORE ANY WORKS START ON SITE, visibility splays of 2.4m x 60m shall be providedand maintained clear of all obstructions above the adjacent road channel levels at the junction ofthe access and Whitworth Road in accordance with the current Fife Council TransportationDevelopment Guidelines and 'Designing Streets Supplementary Guidance' and maintained inperpetuity.Reason: To ensure the provision of adequate road safety.4. BEFORE ANY WORKS START ON SITE, wheel cleaning facilities shall be provided at theentrance/exit to the site such that no mud, debris or other deleterious material is carried byvehicles onto the public roads and footways. Such facilities shall be retained and maintained forthe duration of operations on the site. Details of the wheel cleaning facilities shall be submittedfor the prior written approval of the Planning Authority.Reason: In the interests of road safety; to eliminate the deposit of deleterious material onpublic roads.5. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF THE BIOMAS FUEL PELLETPRODUCTION PLANT BUILDING, details of the specification and colour of the proposedexternal finishes shall be submitted for approval in writing by this Planning Authority.Reason: In the interests of visual amenity; to ensure that the external finishing materials areappropriate to the character of the area.STATUTORY POLICIES, GUIDANCE & BACKGROUND PAPERSIn addition to the application the following documents, guidance notes and policy documentsform the background papers to this report.National GuidanceSPP - Scottish Planning Policy (2010)Development PlanApproved Fife Structure Plan 2006-2026 (2009)Adopted Mid Fife Local Plan (2012)Report prepared by Sharon DorwardReport agreed and signed off by Alastair Hamilton and Jim Birrell.8

DrainDrainEl Sub Sta17FARADAY ROADEl Sub Sta1211Tank20211013TankEl Sub Sta8a7b7a68bSouthfield Industrial EstateFife Food CentreWHITWORTH ROAD82.1mSub El StasFARADAYROAD3176.1m30El Sub Sta77.7mROADRUTHERFORD76.3mLBWB TanksTankTank Sub ElSta78.3m78.4m78.9mWHITWORTHROUNDABOUTTankSub ElStaASHLEY ROADTank75.8m343332Tank5 3 1El SubStaWHITWORTH ROADTrackDrainDrainDrainEl Sub StaEl Sub StaDrainDrainHedgehogs CottageDrainStorm WaterPondDrainPondLochty BurnDrainReproduced by permission of Ordnance Survey on behalf of HMSO.© Crown copyright and database rightAll rights reserved.Ordnance Survey Licence number 100023385.Application Ref: 12/04322/FULLAddress:Land To West OfWhitworth RoadGlenrothesFife2013.DrainApplication Boundary±Scale 1:5,0000 50 100 150 200 250MetresPlot file created on 21/03/2013 by KWalkerProduced using Fife Council Corporate GIS9

COMMITTEE: CENTRAL PLANNING COMMITTEE COMMITTEE DATE: 17/04/2013ITEM NO: 5(b)APPLICATION FOR FULL PLANNING PERMISSION REF: 12/04425/FULLSITE ADDRESS:PROPOSAL :APPLICANT:WARD NO:CASE OFFICER:OAST HOUSE CASKIEBERRAN ROAD GLENROTHESERECTION OF A CLASS 1 RETAIL UNIT AND A HOT FOODTAKE AWAY (SUI GENERIS) WITH ASSOCIATED NEWACCESS, 28 PARKING BAYS AND LANDSCAPING.MR DAVID TIBBS ORA BUILDING 2 PITREAVIE DRIVEDUNFERMLINENW14Glenrothes West and KinglassieAndy TaylorDATEREGISTERED:31/10/2012REASONS FOR REFERRAL TO COMMITTEEThis application requires to be considered by the Committee because:This property belongs to Fife CouncilSUMMARY RECOMMENDATIONThe application is recommended for:Conditional ApprovalASSESSMENT AGAINST THE DEVELOPMENT PLAN AND OTHER MATERIALCONSIDERATIONSUnder Section 25 of the Planning Act the determination of the application is to be made inaccordance with the Development Plan unless material considerations indicate otherwise.1.0 Background1.1 The planning application site measuring 2630 square metres is the single storey OastHouse, a vacant Public House situated on the corner of Broom Road and Caskieberran Roadwithin the settlement boundary of Glenrothes. The property is bound to the north, south and westby residential properties. Across the road to the south is an area of mixed use, including a largesnooker hall, night club, fish bar and Salvation Army building. The existing access to the site isfrom Broom Road with off street parking area to the east.10

1.2 This planning application seeks permission for the erection of a Class 1 retail unit, an ATMand Sui Generis Hot Food Takeaway with associated parking, access and landscaping. Theexisting building would be demolished. The new building would be in place of the existingbuilding in approximately the same location on the site and the car parking would be located tothe east of the building as is the current arrangement. A new vehicular access would be takendirect from Broom Road and the car parking area (20 spaces) would be re-designed as a result.A service area would be created to the north of the building accessed from Lorne Court. Theexisting access to the car park is from Lorne Court and this would be blocked up. The building issingle storey with a mono-pitch roof presenting glazed openings towards the car park , a blankwall (with exception of a service door) to Lorne Court and a plain elevation towardsCaskieberran Road albeit with two different finishes and an area designed to hold the advertisingsign board for the main unit. A short Design Statement was submitted to accompany theapplication.1.3 The applicant has stated that the hours of business for the convenience store are from6.00am to 10.00pm. At this stage no hours of opening have been proposed for the hot food unitas no end user has been identified at this time. However a condition has been added whichrequires any future occupant of the building to submit proposed opening times prior to operationof the hot food unit to Fife Council as Planning Authority for written approval.1.4 There is no recent planning history on the application site.1.5 The property belongs to Fife Council and is being sold to the applicant subject to planningpermission being granted.2.0 Assessment2.1 The material considerations in the determination of this application are;- Principle of Development- Loss of Public House- Design- Residential Amenity- Road Safety2.2 Principle of Proposal2.2.1 Scottish Planning Policy (Town Centres and Retailing) sets out the requirement to followthe sequential approach in selecting locations for retail developments. It is essential thatdevelopments involving convenience shopping are easily accessible to all sectors of thecommunity, are well served by public transport and minimise the need for travel. Food shoppingin particular should be located to satisfy local demand. New development should not adverselyaffect residential amenity. The retail units together are below the 1000 square metre thresholdand as such the development does not require a Retail Impact Assessment. The larger unit hasa net retail floor space of 228.9sqm and the smaller unit has an area of 70.6sqm.2.2.2 Policy SS1 of the Approved Structure Plan stipulates that new development shouldpredominantly take place within settlements on brownfield land where possible. Policy E2 of theAdopted Local Plan supports development within settlement boundaries where it conforms toother relevant Development Plan Policies.11

2.2.3 Policy R2 of the Adopted Local Plan supports convenience retail outwith town centreswhere it is well located in relation to the communities they intend to serve, easily accessible bytransport and should minimise the need to travel between settlements. Other requirementsinclude that it will not have a detrimental effect, either cumulatively or individually, on the vitalityand viability of town and to a lesser extent other local centres, the scale of the development is inkeeping with the location and there is no suitable alternative.2.2.4 The applicant’s agent has provided written justification for the proposed retail units. Theapplicant, David’s Kitchens Ltd have surveyed this area of Glenrothes and have found this to bethe only site suitable for this size of convenience store with adequate off street parking anddelivery space. The nearest superstore is over 1 km. The proposed store would serve a largenumber of residential properties all within walking distance of the site. There are currently twolicensed premises within the mixed use area across the road.2.2.5 In this case, the application site is located within the settlement boundary of Glenrothes asdefined by the Adopted Local Plan. The proposed units would provide convenience shoppingand choice within walking distance of a large number of residential properties both locally and ona route with good transport links.2.2.6 The principle of this type and size of retail development is therefore considered to complywith National and Development Plan policies.2.3 Loss of Public House2.3.1 Policy B2 of the Adopted Local Plan only supports the loss of public houses where theexisting business is not viable, the building cannot be used for its existing purpose and thatequivalent alternative facilities exist for this use.2.3.2 The property has remained vacant since around 2005 and no interest has been shown incontinuing with the public house use and as such Fife Council has put the property on themarket and has agreed a sale subject to planning permission being sought. There arealternative license premises within the surrounding area.2.3.2 Given the alternative choice of licensed facilities in this area and the lack of interest shownin continuing the current use, the loss of this public house is considered to be acceptable interms of Development Plan and other guidance with respect to this issue.2.4 Design2.4.1 Policy E4 of the Adopted Local Plan requires proposals to achieve the highest standard ofdesign possible which in turn makes a positive contribution to its immediate environment. Thiscriteria has been further enhanced by the Council's Urban Design Guide which indicates thatnew developments should help define the boundary between town and country and protect,enhance and create gateways. Strong building lines and active frontages are also encouragedwithin the guidance.2.4.2 The proposed building, described by the agent as `pavilion’ in style reflects a similar sizeand location to the existing property to minimise the visual impact and to remain in keeping withsurrounding residential properties. It has a modern mono-pitch roof which along with theproposed elevational treatment offers an interesting yet simple building at this prominent cornersite.12

2.4.3 Given the above, this development is considered to be a well designed mixed commercialscheme both in architectural and layout terms and would respect the character and appearanceof the surrounding environment. The development conforms to the Development Plan and theCouncil's Urban Design Guide in terms of respecting the environment and achieving goodstandards of architecture.2.4.4 The building is therefore acceptable in terms of the Development Plan and other guidancewith respect to this issue.2.5 Residential Amenity2.5.1 Policy E2 of the Adopted Local Plan supports development within settlement boundarieswhere it is compatible with neighbouring uses and will not adversely affect the amenity ofneighbours.2.5.2 Fife Council's Planning Customer Guidelines on Businesses Selling Food and Drink (2007)advise that proposals for food premises within settlement boundaries will be supported wherethey do not create new or increase current amenity problems to any neighbouring premises andwhere a concentration of such uses will not arise which will alter the character of an area or leadto cumulative amenity problems.2.5.3 Objections have been raised from neighbouring properties in relation to litter, anti-socialbehaviour, night disturbance, noise from the taxis, increase in potential for crime, lack ofproposed opening hours and potential hot food odour. There is a presumption that there will belate night activity and operational noise associated with this type of development. As such,Enterprise, Planning and Protective Services Public Protection Team (PPT) have beenconsulted. PPT have requested that hot food premises with the potential to generate odours andnoise emissions should not operate until details of all of the installation and/or erection of allextract ventilation systems, including details of the methods of treatments of emissions andfilters to remove odours and control noise emissions have been submitted and approved by theplanning authority. In addition the works specified in the approved schemes must be fullyinstalled. As no end user has been identified it is not unreasonable that the submission of thisdetail be covered by condition for the submission of detail, or a further application for expressplanning consent which ever is appropriate.2.5.4 Details have been submitted relating the operating times of the convenience store as perSection 1.3 and as such it is considered appropriate to impose a condition in relation to this. PPThave not raised any issues in relation to the hot food element opening hours but has raised otherpotential issues including construction disturbances, artificial lighting and deliveries and hasrecommended the imposition of conditions to reduce any potential impact. No mention of anynoise generated from the operation of the retail and hot food units was raised by PPT. The issuerelating to litter is not a material planning consideration. The area of grass to the west of the sitewill be reduced and thus less inviting to people using it as a short cut and there is no evidencethat the changes to this area will induce crime. Given that the former use was a Public House,the proposed use is less likely to generate excessive noise and anti-social behaviour late atnight. The introduction of non-specific operating hours of the hot food takeaway will if approvedgive consent to open until 11pm after which a late hours operating licence will be required, andgiven the existing licensed use, the permitting of the hot food takeaway until 11pm is consideredreasonable. It has to be expected that the new units will generate more traffic than the publichouse. However, the new proposed access from Broom Road will draw traffic away from theresidential properties on Lorne Court where the existing access is located and thus reducing theimpact of vehicles visiting the units particularly at night and early morning hours.13

2.5.5. The proposals, subject to appropriate conditions, are therefore considered to comply withdevelopment plan policies and Fife Council Guidelines.2.6 Road Safety2.6.1 Policy T1 of the Approved Structure Plan advises that development proposals must beaccessible to public or be made accessible to the existing or planned public transport networkand is located where road network capacity is or can be made available. Policy T1 of theAdopted Local Plan has similar provisions to the Structure Plan policy whilst Policy T2 of theAdopted Local Plan advises that car parking requirements, turning areas, visibility splays andother detailed road matters should meet the design standards adopted by Fife Council.2.6.2 Objections have been raised by residents regarding road safety issues in particular theaccess from Lorne Court and parking issues. Transportation Development Management (TDM)have been consulted and have no objections to the application subject to the imposition ofconditions relating to visibility splays, access to be a minimum of 5.5m, off-street parking, turningarea and roadside boundary markers. Revised drawings have been submitted showing 28parking bays.2.7 Day/Sunlight/Privacy2.7.1 Fife Council's Planning Customer Guidelines on Daylight and Sunlight (2010)complements the aforementioned policies in section 2.4.1 by advocating that the design ofresidential environments must seek to ensure that adequate levels of natural light can beachieved within new dwellinghouses and unacceptable impacts on light to nearby properties areavoided. The units have been designed so as not to affect the privacy of neighbouringproperties around the site.CONSULTATIONSTransportation Development ManagementEP+PS - Public And EnvironmentalProtectionApprove with conditionsConcerns regarding odour and noise from hotfood unit, external lighting, construction anddelivery issues and recommended conditions.REPRESENTATIONS6 representations have been received in relation to this planning application 1 letter makinggeneral comments signed by 5 other neighbouring dwellings and 5 objecting on the followinggrounds;- Road Safety- Night disturbance form Hot Food Takeaway, particularly access problems- Potential for increased criminal activity due to building being adjacent 202 Caskieberran Roadand access between the properties.- Anti-social behaviour from visitors to the hot food- Potential for anti-social behaviour during late hot food opening hours- Increase in adverse Odours from Hot food unit - The type of fast food being sold- Litter- Noise from taxis14

Issues have been raised in relation to an increase litter around the units particularly the fast foodshop. However the applicant has shown a number of bins being provided at the front of the units.Failure to utilise the bins by visiting members of the public is not considered to be material.CONCLUSIONSThe proposed commercial development is considered to comply with development plan policiessubject to the imposition of transportation and residential amenity conditions and would providea development in keeping with the surrounding area. The proposals are therefore considered tobe appropriate and acceptable on this site.RECOMMENDATIONIt is accordingly recommended that the application be approved subject to the followingconditions and reasons:1. The development hereby approved shall be implemented in accordance with the plan(s)stamped as forming part of this permission unless a variation is required by a condition of thepermission or a non-material change has been agreed in writing by the Planning Authority.Reason: To ensure that the development is carried out in accordance with the approvedplans unless otherwise agreed.2. Prior to the occupation and operation of the hot food unit exact details of the installationand/or erection of any extract ventilation systems, including details of the methods of treatmentsof emissions and filters to remove odours and the control of noise emissions shall be submittedand approved in writing by Fife Council as the Planning Authority unless the extraction unitrequires the benefit of further express planning consent, whereby a further application will berequired to be made for the extraction unit; thereafter the works specified in the approvedscheme shall be installed and fully commissioned prior to the use of the premises commencing.Such works shall thereafter be retained, and operated at all times when the premises are in useand as required by the business operation of the premises and maintained in accordance withthe manufacturers instructions unless otherwise agreed in writing by the Local PlanningAuthority.For the avoidance of doubt, the proprietors of the hot food unit shall submit details prior to itsoccupation and operation.Reason: In the interests of residential amenity.3. Prior to the first unit hereby approved being brought in to use, a detailed external lightingscheme shall be submitted for written approval by Fife Council as Planning Authority. Onceapproved in writing, the lighting scheme shall be installed and operated to the satisfaction of thisAuthority for the life time of this development, prior to the units opening to the public.Reason: In the interest of residential amenity, and minimising anti-social behaviour.4. PRIOR TO THE BUILDING HEREBY APPROVED BEING BROUGHT INTO USE, detailedlandscaping and planting plans shall be submitted for the approval in writing of this PlanningAuthority. The plans shall include reference to the future management and aftercare of theproposed landscaping and planting, and thereafter the management and aftercare of thelandscaping and planting shall be carried out in accordance with these approved details.15

Reason: In the interests of visual amenity; to ensure that adequate measures are put inplace to protect the landscaping and planting in the long term.5. FOR THE AVOIDANCE OF DOUBT, all landscaping works shall be completed in accordancewith the details required through condition 4 of this consent, and implemented no later than thefirst planting season following completion of the development hereby approved.Reason: To ensure landscaping works are completed at an appropriate stage in thedevelopment of the site.6. Hours of operation of the units hereby approved shall be restricted to the following openingtimes;Class 1 Retail Unit(s) - Monday to Sunday 6.00am to 10.00pmHot Food takeaway - Monday to Sunday 11.00am to 11.00pmDeliveries - Monday to Sunday between the hours of 8.00 am to 6.00 pm unless otherwiseagreed in writing with the Planning Authority.Reason: In the interests of protecting residential amenity7. The New vehicular access shall be formed prior to the construction of the proposed units.The new vehicular access from the public road shall be constructed in accordance with thecurrent Fife Council Transportation Development Guidelines. The access shall have a minimumwidth of 5.50m as to allow two cars to pass off the public road without impeding traffic on BroomRoadReason: In the interests of road safety; to ensure the provision of an adequate location ofaccess to the site and adequate arrangements.8. A turning area for vehicles suitable for use by the largest size of vehicles expected to visit orbe used by occupants of the premises shall be provided PRIOR TO THE OPERATION OF THEFIRST UNIT and shall be formed outwith the parking areas.Reason: To ensure that all vehicles taking access to and egress from the site can do so in aforward gear.9. PRIOR TO THE OPERATION OF THE FIRST UNIT, visibility splays 2.4 metres x 40 metresshall be provided and maintained clear of all obstructions exceeding 600mm in height above theadjoining road channel level, at the new junction of the vehicular access to the car park and thepublic road and the Lorne Court / Broom Road junction, in accordance with the current FifeCouncil Transportation Development GuidelinesReason: In the interests of road safety. To ensure the provision of an adequate designlayout, construction and visibility at road junctions, etc.10. All roadside boundary markers shall be maintained at a height not exceeding 600mm abovethe adjacent road channel level.Reason: In the interests of road safety. To ensure the provision of an adequate designlayout, construction and visibility at road junctions, etc.16

11. PRIOR TO OPERATION OF THE FIRST UNIT, 26 parking spaces for vehicles shall beprovided within the curtilage of the site in accordance with the current Fife Council ParkingStandards. A minimum of 2 parking spaces shall be designated, signed and lined for disabledparking in accordance with the current Transportation Development Guidelines. The parkingspaces shall be retained through the lifetime of the development.Reason: In the interests of road safety and to ensure the provision of an adequate off streetparking facilities.12. A minimum of 2 secure, covered cycle parking spaces shall be provided within the curtilageof the development site. The parking spaces shall be retained through the lifetime of thedevelopment.Reason: In the interests of road safety and to ensure the provision of an adequate off streetparking facilities.13. The existing redundant vehicle access off Lorne Court serving the existing car park shall beclosed off and the grass verge reinstated with a 100mm kerb face to match the existing adjacentkerbing.Reason: In the interests of road safety and to ensure the provision of an adequateconstruction14. Activities relating to the erection, construction, alteration, repair or maintenance of buildings,structures or roads shall not take place outside the hours of:08.00 and 18.00 hours Mondays to Fridays08.00 and 13.00hours SaturdaysWith no working Sundays or Public HolidaysReason: In the interests of residential amenity, to minimise noise disturbance at nearbyresidential premisesSTATUTORY POLICIES, GUIDANCE & BACKGROUND PAPERSIn addition to the application the following documents, guidance notes and policy documentsform the background papers to this report.National GuidanceSPP - Scottish Planning Policy (2010)PAN33 Development of Contaminated LandDevelopment PlanFife Structure Plan 2006-2021 (2009)Adopted Mid Fife Local Plan (2012)Other GuidanceFife Council’s Urban Design GuidePlanning Customer Guidelines on Businesses Selling Food and Drink (2007)Report prepared by Andy TaylorReport agreed and signed off by Stuart Wilson and Jim Birrell.17

433527Shelter197CROMARTY COURTCROMARTY COURT17221622723El Sub Sta1343228465LORNE COURT1031291206204202PHCarPark130122114125.3mClubHallCASKIEBERRAN ROADESS30MELVICH PLACEReproduced by permission of Ordnance Survey on behalf of HMSO.© Crown copyright and database rightAll rights reserved.Ordnance Survey Licence number 100023385.Application Ref: 12/04425/FULLAddress:Oast HouseCaskieberran RoadGlenrothesFifeKY6 2BD2013.Application Boundary±Scale 1:1,2500 10 20 30 40 50MetresPlot file created on 21/03/2013 by KWalkerProduced using Fife Council Corporate GIS18

COMMITTEE: CENTRAL PLANNING COMMITTEE COMMITTEE DATE: 17/4/1013ITEM NO: 5(c)APPLICATION FOR FULL PLANNING PERMISSION REF: 12/04992/FULLSITE ADDRESS:PROPOSAL :APPLICANT:WARD NO:CASE OFFICER:MAYVIEW FA-LATCH ROAD BALCURVIE WINDYGATESERECTION OF FOUR DETACHED DWELLINGHOUSES ANDEXTENSION TO DWELLINGHOUSE (RE-SUBMISSION OF11/00547/FULL)MR ALAN BAXTER 191A NICOL STREET KIRKCALDY UKNW22Leven, Kennoway And LargoDerek SimpsonDATEREGISTERED:18/12/2012REASONS FOR REFERRAL TO COMMITTEEThis application requires to be considered by the Committee because:More than 5 letters of objection have been received.SUMMARY RECOMMENDATIONThe application is recommended for:Conditional ApprovalASSESSMENT AGAINST THE DEVELOPMENT PLAN AND OTHER MATERIALCONSIDERATIONSUnder Section 25 of the Planning Act the determination of the application is to be made inaccordance with the Development Plan unless material considerations indicate otherwise.1.0 BACKGROUND1.1 The application site is situated within the settlement of Windygates. The site measuresapproximately 5860 square metres and slopes gently downhill from west to east with a change inlevels of approximately 2 metres. The site comprises an existing redundant residential cottageand an associated paddock area with several dilapidated outbuildings. Trees and a hedgeroware also situated around the perimeter of the site. The site is bounded by residential propertiesto the south, east and west and by Fa-Latch Road to the north. Further residential properties and19

agricultural land are situated to the north of Fa-Latch Road which is not adopted. There is anexisting vehicular access into the site associated with the cottage (Mayview).1.2 Planning permission is sought for the erection of 4 detached single storey dwellings, 4detached double garages and an extension to the existing cottage. Two new vehicular accessesare proposed from Fa-Latch Road. One access would serve the existing cottage and the otherwould serve the proposed new dwellings. The proposed scheme includes the installation of atraffic island to ensure that traffic exiting the site can only turn left and the widening of Fa-LatchRoad along the frontage of the site, including footpaths, to bring it up to an adoptable standard.Proposed finishing materials include, cedar timber cladding, wet dash render and slate affectconcrete interlocking roof tiles.1.3 Site History1.3.1 Planning permission 11/00547/FULL for the erection of 7 dwellings and alterations to theexisting cottage was refused at committee on the 4.11.2012 on road safety grounds. The reasonfor refusal stated; In the interest of road safety; the increase of unrestricted vehicular traffic ontothe un adopted section of Fa-Latch Road would represent an unacceptable cumulative impacton the local road network and in particular to the junction with Kennoway Road and would bedetrimental to the safety and convenience of all road users and therefore contrary to policy T5 ofthe Adopted Levenmouth Area Local Plan (2004) and parts (b),(c) and (d) of policy T1 and policyT2 of the Draft Mid Fife Local Plan , pre examination modifications (2009).1.3.2 The decision was subsequently appealed to the Scottish Government. The appeal (refPPA-250-2092) was dismissed by the Reporter on road safety grounds. The Reporter concludedthat an additional 7 houses would worsen existing road safety problems in the area and wouldnot provide for safe cycle or pedestrian access, including to school.2.0 PLANNING ASSESSMENT2.1 The issues to be assessed against the Development Plan and other guidance are as follows:- Principle of Residential Development- Design/Layout- Residential Amenity- Garden Ground- Road Safety- Education Services- Bats/Natural Heritage- Water & Drainage- Trees & Hedgerows2.2 Principle of Residential Development2.2.1 The Scottish Planning Policy promotes the use of the plan-led system to provide a practicalframework for decision making on planning applications thus reinforcing the provisions ofSection 25 of the Act.2.2.2 Policy SS1 of the Approved Fife Structure Plan (2009) advises that development shouldtake place within settlements whilst avoiding damage to the built heritage. As the proposal lieswithin the settlement boundary for Windygates, as defined in the Adopted Mid Fife Local Plan2012, there is a presumption in favour of residential development subject to satisfactory details.20

2.2.3 In simple land use terms, the proposal is within an established residential area where thereis a presumption in favour of residential development. The overall acceptability of such adevelopment must however also meet other policy criteria and these issues are considered indetail below.2.3 Design and Layout2.3.1 Policies E2 and E4 of the Adopted Local Plan advise that development within a town andvillage envelope should respect the character and appearance of the adjacent townscape andshould make a positive contribution in terms of form, scale and choice of materials. In additionproposals are required to achieve the highest standard of design possible which in turn makes apositive contribution to its immediate environment.2.3.2 In terms of the existing townscape, the surrounding built environment comprises a mix ofarchitectural styles and designs. The proposed dwellings have been designed and positioned torespect the scale and building line of the existing cottage and to ensure an active street frontage.Given the confines of the site and in the context of the varied nature of the surroundingtownscape layout it is considered that the scheme respects the surrounding settlement patternand relates well to the existing built form in terms of density and scale. With respect to theproposed extension to the existing cottage it is considered that the proposal would respect thecharacter and appearance of the existing cottage and proposed new dwellings. Whilst noboundary treatments have been identified for the frontage of the site it is considered that a lowlevel boundary wall enclosing the frontage of the site and following the line of the new proposedfootpath would provide an attractive feature whilst replicating the boundary treatments to thenorth of Fa-Latch Road. This can be covered by a condition should members be minded toapprove the application.2.3.3 With respect to the proposed finishing materials the proposal has adopted a moderncontemporary approach using a simple range of finishing materials, including white wet dashrender, buff colour facing brick , cedar timber cladding and slate effect concrete roof tiles, andgrey finish windows. Given the design and characteristics of the dwellinghouses within thesurrounding area, the proposal is considered to be appropriate and represents a high standardof design which would sit sympathetically into the surrounding landscape.2.3.4 Given the above, it is considered that proposal would comply with the Development Plan inrelation to visual amenity issues.2.4 Residential Amenity2.4.1 Policy E2 of the Adopted Local Plan supports development proposals where they arecompatible with neighbouring uses and protect personal privacy and amenity. Policy E4 of theAdopted Local Plan supports development proposals which protect personal privacy andamenity.2.4.2 Fife Council's Planning Customer Guidelines on Daylight and Sunlight (2009)complements the aforementioned policies by advocating that design of residential environmentsmust seek to ensure that adequate levels of natural light can be achieved within newdevelopment and unacceptable impacts on light to nearby properties are avoided.2.4.3 The scheme has been designed, scaled and positioned to ensure no third partyneighbouring property is adversely affected in terms of privacy and overshadowing. Thedwellings within the site itself, through their orientation, distance and fenestration details would21

not overlook each other. The proposed development would therefore secure an acceptablerelationship for occupiers of the proposed dwellings and adjacent residential properties.2.5.4 Given the above, it is considered that proposal would comply with the Development Plan inrelation to residential amenity issues.2.5 Garden Ground2.5.1 Fife Council's Policy Guidelines on Garden Ground (2007) advise that all new detachedand semi-detached dwellinghouses should be served by a minimum of 100 square metres ofprivate useable garden space and that a building footprint of 1:3 will be required. The proposeddwellinghouses would each have in excess of 100 square metres of private garden ground andwould meet the 1:3 plot ratio requirements.2.6 Road Safety2.6.1 SPP (Transport) advises that decisions on new developments should take account of theexisting transport network and environmental and operational constraints. Policies T1 of theAdopted Local Plan states, amongst other criteria, that new development must be located wherethere is road network capacity and there is no creation or worsening of a road safety problem.Policy T2 of the Adopted Local Plan advises that car parking requirements, turning areas,visibility splays and other detailed road matters should meet the design standards adopted byFife Council.2.6.2 As detailed in paragraph 1.3.2 the previous application was refused at Committee andsubsequently dismissed at appeal on road safety grounds. The Reporter concluded that anadditional 7 houses would worsen existing road safety problems in the area and would notprovide for safe cycle or pedestrian access, including to school. Fa-Latch Road is not adoptedand is a poor condition and the junction of Fa-Latch Road with Kennoway Road (A916) is alsosubstandard in term so visibility. Fa-Latch Road serves around 30 houses and a number of ruralbusinesses.2.6.3 The main changes under the current application, in relation to the previous refusedscheme, are a reduction in the number of the proposed dwellings from 7 to 4 and the installationof a road traffic island to ensure that traffic exiting the site can only turn left to discourage theuse of Fa-Latch Road to the east. The proposed scheme would also result in the section of Fa-Latch Road fronting the site being brought up to and adoptable standard. This would includewidening the road and providing footpaths to link into the existing footpath network to the west ofthe site. A speed table at the junction of Main Street and Fa-Latch Road is also proposed.2.6.4 Transportation Development Management Officers have been consulted and haverecommended the proposal for approval subject to a number of conditions. They havecommented that the left only turn for traffic exiting the site would mean that there would be noeast bound traffic on Fa-Latch Road as a result of the development and therefore no increase inuse of the substandard access road or junction with Kennoway Road (A916). Furthermore theyhave commented that the road improvements proposed under this application would mitigateagainst the slight increase in west bound traffic on Fa-Latch Road.2.6.5 Notwithstanding the comments from Transportation Officers it is considered that despitethe measures proposed to ensure no increase in traffic on Fa-Latch Road to the east, theproposed scheme could result in some increase in usage in this direction. However it isconsidered that the poor condition of Fa-Latch Road to the east and the traffic island that wouldensure a left only turn would discourage residents from using Fa-Latch Road in an eastbound22

direction. In addition it is considered that the traffic generated by 4 dwelling would besignificantly less that that generated by 7 dwellings and in the context of the existing trafficmovements at this locale, the amount of traffic that would be generated is not considered to besignificant. Furthermore it is considered that proposed road improvements works would benefitother existing residents in the vicinity of the site.2.6.6 The Reporter also stated that the previous scheme did not provide for safe cycle orpedestrian access, including to school. The local primary school (Balcurvie) is situated to thesouth of the site. The proposed new footpath would link into the existing footpath network to thewest of the site and would allow for safe pedestrian access to the primary school. The site iswithin the catchment area for Kirkland High School which is not situated within reasonablewalking distance and therefore pedestrian access to the high school is not considered to be anissue this instance. However the site for the replacement high school is less than 2 miles fromthe site, however the proposed new footpath would links into the existing footpath/road networkwould offer similar pedestrian access to the replacement high school as exists for otherproperties within the vicinity.2.6.7 On balance, given the above, it is considered that the current amended scheme hasaddressed Members and the Reporters reasons for refusing the previous scheme and wouldensure that the proposed scheme would not have any significant adverse impact in terms ofroad safety and accessibility issues. Subject to a number of conditions including ones relating torelating to visibility splays, road improvement works and car parking provision it is consideredthat the proposed works comply with the Development Plan and national guidance in respect ofroad safety issues.2.7 Education2.7.1 Fife Structure Plan (2009) (2006-2026) policies SS1 and DC1 require the identification ofsites for development to take account of the existence or anticipated availability of communityinfrastructure including school provision. Policy D1 of the Adopted Local Plan also allows forfinancial contributions to be sought where there is an impact on education infrastructure.2.7.2 Education Services have been consulted and have stated that as the proposed scheme isfor less than 10 houses and as there is existing capacity within the local primary and secondaryschools an education contribution would not be required in this instance.2.8 Bats/Natural Heritage2.8.1 SPP (Landscape and Natural Heritage) advises that planning permission must not begranted for development that would be likely to have an adverse effect on a European protectedspecies. Policy E21 of the Adopted Local Plan advises that where a proposed development islikely to affect European protected species the developer must submit a survey of the status ofthat species at the site. Furthermore, it states that this survey will be required before planningpermission can be granted. Policy E23 of the Adopted Local Plan seeks to protect biodiversitytherefore developers are required to submit appraisals of any habitat or species likely to beaffected by the development.2.8.2 The bat survey submitted by the applicant was the same report that was carried over 18months ago for the previous scheme. That report found no evidence of bats but identified thatthe roof of the existing cottage had a medium to high potential value to bats as roosting habitat.Given the age of the report the applicant was asked to submit a new updated report. Theapplicant has since amended the proposed works to the cottage, omitting the works to the roofof the existing cottage. As such it is not considered the revised scheme would have any adverse23

impact on bats. As a precautionary measure a condition can be applied, should members beminded to approve the application, to ensure that all work on site stops should bats be foundduring the construction process.2.8.3 The ecological survey submitted by the applicant highlights that the existing hedgerowsand tress provide ideal bird nesting habitat. To ensure that the proposal would have no adverseimpact on nesting birds a condition can be applied, should members be minded to approve theapplication, to ensure that all vegetation clearance works are undertaken outwith the summerbird nesting season (March to August)2.8.4 Given the above and subject to the conditions as proposed, it is considered that theproposal would have no adverse impact on bats or nesting birds.2.9 Water & Drainage2.9.1 Policy SS1 of the Approved Structure Plan and Policies I3, I4, and I5 of the Adopted LocalPlan advise that developments should not place unacceptable demands on public infrastructureincluding drainage systems, developments will not be supported if they would increase the riskof flooding, nor will they be supported if Sustainable Urban Drainage Systems (SUDS) or othersimilar appropriate measures are not undertaken. Consideration should also be given to theguidance contained within the Council's advice note on flooding and drainage.2.9.2 With regards to water and drainage issues the applicant has submitted details of theproposed SUDS scheme. Transportation Service Infrastructure officers have been consulted andhave confirmed that the proposed scheme complies with Fife Councils Guidelines relating towater and drainage issues.2.10 Trees & Hedgerows2.10.1 Policy E25 of the Draft Plan states that trees or hedgerows which have a landscape,amenity or nature conservation value will be protected from development.2.10.2 The proposed scheme involves removing a hedgerow to the north west of the site andseveral small trees around the perimeter. In this instance, given the relatively small amount offlora that would be lost it is not considered that the proposal would have any significant adverseeffect with respect to landscape, amenity or nature conservation.CONSULTATIONSScottish WaterEducation (Directorate)Structural Services (Harbours, Flood AndCoast)TransportationTransportation And Environmental Services -Operations TeamNo responseNo contribution requiredNo objectionsNo objections subject to conditions relating tothe upgrading of Fa-Latch Road, visibilitysplays and parking provision.No comments24

REPRESENTATIONS10 letters of objection have been received from 12 objectors concerning;Loss of green spaceUnsuitable access roadSubstandard junction at Fa-Latch Road/Kennoway RoadDanger to pedestrians/childrenIncrease in traffic generation/ traffic movements/ congestionThe existing paddock area is private, does not serve a wider community function and is notconsidered to be of high amenity value. The site is not protected in the Adopted Local Plan andtherefore there are no policies to safeguard against the development of this green space forresidential purposes. The other issues raised by the objectors have been addressed in the mainbody of the report.9 letters of support have also been received.CONCLUSIONSThe proposed scheme is considered acceptable in principle and would have no adverse impacton the surrounding area in terms of visual impact and residential amenity issues. The maindetermining issue is considered to be the impact the proposal would have in terms of roadsafety. In this instance it is considered on balance that the proposed scheme has addressed thereasons for the previous scheme being refused by Members and dismissed at appeal and wouldensure that the proposed scheme would not have any significant adverse impact in terms ofroad safety and accessibility issues. Subject to conditions it is considered that the proposalwould comply with the terms of the Development Plan and related National Guidance.RECOMMENDATIONIt is accordingly recommended that the application be approved subject to the followingconditions and reasons:1. BEFORE THE DEVELOPMENT IS OCCUPIED off-street parking spaces shall be provided inaccordance with the current Fife Council Transportation Development Guidelines and thereaftermaintained and kept available as such throughout the lifetime of the development.Reason: To ensure adequate provision of off-street car parking.2. All works done on or adjacent to the public roads shall be constructed in accordance with thecurrent Fife Council Development Guidelines.Reason: In the interests of road safety; to ensure the provision of adequate design, layoutand construction.25

3. BEFORE ANY WORK STARTS ON SITE, full technical specifications of the roadimprovement works, as detailed on stamped approved plan 03A shall be submitted for the priorwritten approval of this Planning Authority. Thereafter the road improvement works shall becompleted in accordance with the approved scheme, prior to the occupation of any of the newdwellinghouses hereby approved.Reason: In the interests of road safety: to ensure that all the required road improvementworks are completed to the correct standard and prior to the occupation of the houses.4. BEFORE THE OCCUPATION OF THE DWELLINGS HEREBY APPROVED, visibility splaysof 2 metres by 25 metres shall be provided in both directions at the new accesses to the sitefrom Fa-Latch Road. Thereafter these shall be permanently maintained free from anyobstructions exceeding a height of 0.6 metres above the adjacent road channel levels.Reason: In the interests of road safety; to ensure the provision of adequate visibility at thejunction of the vehicular access to the site and the public road.5. BEFORE ANY WORK STARTS ON SITE, full details of the SUDS system for thedevelopment hereby approved shall be submitted for the prior written approval of Fife Council asPlanning Authority. Thereafter the development shall be carried out in accordance with theseapproved details.Reason: To ensure the site is drained in an acceptably sustainable manner and the drainageinfrastructure is properly maintained.6. IF DURING THE CONSTRUCTION PERIOD EVIDENCE OF BATS ARE FOUND, ALLWORK SHALL CEASE AND SHALL NOT COMMENCE UNTIL a further survey which includesmitigation methods for the safe removal and relocation of the bats has been submitted for thewritten approval of this Planning Authority and the mitigation measures contained within havebeen wholly carried out in accordance with the approved survey. It should be noted that this is inaccordance with Regulations 39 and 43 of the Conservation (Natural Habitats &c.) Regulations1994 (as amended) (Habitats and Regulations) and it is therefore illegal not to comply with thiscondition.Reason: To ensure the adequate protection of a protected species should any evidence oftheir presence be found7. No trees, hedgerows or shrubs shall be removed, and no soil stripping shall take place duringthe bird nesting season (i.e. 1st March to 1st September) unless the trees, hedgerows or shrubsthat are to be removed have been surveyed to confirm the absence of active bird nesting and areport setting out the methodology employed and the results of the survey have been submittedto and approved in writing by the Planning Authority through consultation with SNH.Reason: To protect local birdlife and maintain the biodiversity of the site.8. BEFORE ANY WORKS START ON SITE, the development hereby approved shall beenclosed by a form of boundary enclosure, the details of which shall be submitted for approval inwriting by this Planning Authority. FOR THE AVOIDANCE OF DOUBT, the frontage of the siteshall be enclosed by a stone wall not exceeding 1 metre in height. Details of the wall shall besubmitted for the prior written approval of Fife Council as Planning Authority.Reason: In the interests of safeguarding visual and residential amenity and localenvironmental quality.26

9. BEFORE ANY WORK STARTS ON SITE, details of the future management and aftercare ofthe area identified for SUDS facilities to the west of Mayview Cottage as detailed on the stampedapproved plans shall be submitted for approval in writing by this Planning Authority. Thereafterthe management and aftercare shall be carried out in accordance with these approved details.FOR THE AVOIDANCE OF DOUBT, these details shall include a scheme of landscaping for thearea.Reason: In the interests of visual amenity; to ensure that adequate measures are put inplace to protect the landscaping and planting in the long term.STATUTORY POLICIES, GUIDANCE & BACKGROUND PAPERSIn addition to the application the following documents, guidance notes and policy documentsform the background papers to this report.National GuidanceSPP - Scottish Planning Policy (2010)Development PlanApproved Fife Structure Plan (2006 - 2026) (2009)Adopted Mid Fife Local Plan (2012)Other GuidanceFife Council Planning Policy Guidelines on Garden Ground (2007)Fife Council Planning Customer Guidelines for Daylight and Sunlight (2009)Report prepared by Derek SimpsonReport agreed and signed off by Stuart Wilson and Jim Birrell.27

Jonema5911BrackensfieldStoneybrookeDunalasdairDalmaNo 13Marey CottageWalnutLochviewCottageDouglasfieldCraigieleaNorthlands1MayviewPath (um)BirnamBankBalcurvie LodgeSTREET15RomarPathMount ZionBogsideCottageDerlinBelle View Cottage19MAINBassViewMelvilleBankBalcurvieGateyard CottageDrumclogLBBraeheadCottage76The5GrangeGlen IslaViewforthCottageDURIE PLACEReproduced by permission of Ordnance Survey on behalf of HMSO.© Crown copyright and database rightAll rights reserved.Ordnance Survey Licence number 100023385.Application Ref: 12/04992/FULLAddress:MayviewFa-latch RoadBalcurvieWindygatesLevenFifeKY8 5DT±Scale 1:1,2500 10 20 30 40 50MetresPlot file created on 26/03/2013 by KWalkerProduced using Fife Council Corporate GIS2013.Application Boundary28