Helensburgh housing bid should be thrown out, say council officials

Rainheath Limited was initially refused planning permission from Argyll and Bute Council for its proposed development at greenbelt land east of Camis Eskan, at the east end of the town, in August.

An appeal against that decision is due to go before the authority’s local review body (LRB) on Wednesday, January 23, but a report recommends that the appeal, too, is thrown out.

Planning permission was initially given for the conversion of a barn at the site into two houses in  2007, but that permission has now expired and the barn has since been demolished.

Two applications to build the two houses on the site, the first of which was lodged in 2015, have been refused by Argyll and Bute officials.

The most recent proposal was backed by Helensburgh Community Council (HCC) last year – though HCC members criticised the quality of the drawings submitted with the application, and suggested 3D mock-ups be supplied for all future applications.

READ MORE: Community council backs Camis Eskan housing

A document to go before the review body states: “Due to the history of permissions on the site, and the need to ensure that any material considerations were evaluated in the determination of the proposal, officers previously have sought to try and clarify why, following planning permission for a conversion of an traditional, stone built outbuilding being granted, a building warrant was submitted to demolish the traditional barn and replace it with two new build houses.

“Although a building warrant was approved, no notification of commencement of works or site inspections were carried out.

“Officers could not identify any reason as to why the original barn was demolished in its entirety, and new foundations constructed, contrary to the terms of planning permission.

“There is no information contained in the planning or building standards history which provides mitigation or justification for proceeding with both demolition and unauthorised development, contrary to the terms of the planning permission to convert the existing agricultural building into two dwellings.

“Given the above, the foundations had no relevance in 2015, and have no relevance to this appeal.”

The report also rejects the notion that a declining population in Helensburgh is of any relevance to the appeal.

It adds: “There is no information contained in the planning or building standards history which provides mitigation or justification for proceeding with both demolition and unauthorised development contrary to the terms of the planning permission to convert the existing agricultural building into two dwellings.

“On the basis of development plan policy and other material considerations there is no justification for two houses at this location and the appeal should be dismissed.”

READ MORE: Plans set out for 130 affordable homes in Helensburgh

In a submission to the LRB on the applicant’s behalf, Michael Hyde of MH Planning Associates states: “The review application proposes the re-building of the barn that previously stood on the site, using the stone from the former barn (which was retained), and the ‘conversion’ of this to form exactly the same two dwellings as were previously approved by the council [in 2007].

“At present the appearance of the site detracts from the character and appearance of the area. It contains a partially completed building, that is lawful in planning terms, and is therefore immune from any form of formal enforcement action.

“To grant planning permission for a development that in almost every respect would be identical to that previously approved in 2007 would, whilst a ‘minor departure’ from the provisions of the Development Plan, not be either unreasonable or inappropriate.”

Local review bodies in Scotland comprise a minimum of three elected members from the relevant council. They are the body of appeal where a planning decision, either to grant or refuse permission, has been made by officers of the appropriate council, rather than by councillors themselves.