Appeal over six home plot is lost

A developer has lost an appeal against the refusal of plans to build six houses on a plot in Gartmore.

Ms K Brisbane had appealed to the DPEA, the Scottish Government’s Planning and Environmental Appeals Division, after Loch Lomond and Trossachs National Park’s planning committee rejected her application for the land at Park Avenue.

The potential increase in traffic was overriding issue in the appeal decision, however the door appears to have been left open for a proposal involving fewer houses to come forward.

DPEA planning reporter Mike Shiel said in his conclusions: “The principle of some form of residential development on the appeal site has been established in the adopted local development plan, and the majority of the arguments put forward by the national park authority in support of its refusal of planning permission carry little weight in these circumstances.

“However, a significant material consideration in this case is the adverse impact of additional traffic on Park Avenue and its junction with Main Street. “Notwithstanding the technical evidence submitted for the appellant, this does not automatically imply that allowing such additional traffic is desirable, when taking a wider viewpoint. All told, a reduction in the number of houses proposed on the site is warranted, to help mitigate the adverse traffic impact.”

Mr Shiel said he was aware from representations, including from Gartmore Community Council, that the recommendation of the Local Development Plan reporter to allocate the site for residential development in the first place was heavily criticised at the time by the local community, and was the subject of a reference to the Scottish Public Services Ombudsman.

The site had not been promoted for inclusion in the LDP by the National Park Authority, and there was a considerable degree of local opposition to its inclusion, however, the LDP reporter had concluded it was an acceptable site for the development of six residential units.

Mr Shiel said: “It has been made clear for the appellant that the indicative site layout submitted with the application is entirely that; solely an indication of one possible way that the site could be developed.the planning authority would be able to control the size and type of houses to be built on the site through subsequent applications for matters specified in conditions, so I find no substance in its arguments in this respect.”

Mr Shiel added that while occupants of existing houses on the south side of Park Avenue would regret the loss of the current open outlook, loss of view was not a material planning consideration.

However, he said: “Park Avenue is a private road... with little or no opportunity for vehicles to pass each other.

“The planning application attracted 22 objections from local residents and the Gartmore Community Council, and there have been 13 further representations received in relation to this appeal. All these representations include submissions about the unsuitability of Park Avenue, including its junction with Main Street, to accommodate the additional traffic generated by the proposed six houses.

“The studies submitted by the appellant provide technical evidence to support this proposal, however I also recognise that the roads authority remains opposed to it because of the inadequacy of the Park Avenue/ Main Street junction. The evidence presented in the representation made to the current appeal is anecdotal, but it does reflect the genuine experience of local residents, who have had many years’ experience of the situation. Weight should also be given to the consistent view expressed by the roads authority.

“Although the LDP indicates the site has a capacity for six dwellings, this should be taken as an indicative figure only. Given difficulties over access, it would be prudent to reduce the number of dwellings.”