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NOTICE OF MEETING
A MEETING of the LOCAL REVIEW BODY will be held in the WALLACE ROOM,
OLD VIEWFORTH, STIRLING on TUESDAY 9 JUNE 2015 at 9.30 am
ELIZABETH M DUNCAN
Chief Governance Officer
Clerk to the Council
3 June 2015
AGENDA
1.
APOLOGIES
2.
DECLARATIONS OF INTEREST
3.
APPLICATION FOR REVIEW
Static Caravan for Use as a Café – West Arlehaven, Blanefield
Mr Dru Edmonstone – 14/00582/FUL - HEARING
(a)
Papers submitted by Applicant
Notice of Review received 16 February 2015 (Pages 1 – 6)
• Including Decision Notice dated 9 February 2015 (Pages 5 – 6)
(b)
Papers submitted by Planning Authority
Original Planning Application Form dated 12 September 2015 (Pages 7 -18)
Representations from Interested Parties (Pages 19 – 22)
Report of Handling dated 9 February 2015 (Pages 23 – 24)
(c)
Conditions which should be attached to Permission in the event that the Local
Review Body upholds the Appeal (Pages 25 – 26)
(d)
Applicant’s Response to Proposed Conditions (Page 27 – 28)
(e)
Extract of Minutes of Meeting held on 27 April 2015 (Pages 29 – 30)
(f)
Written Submissions
(i)
(ii)
Applicant (Pages 31 – 32)
Planning Officer (Pages 33 -34)
(g)
Hearing Statements
(i)
(ii)
(iii)
Applicant (Pages 35 – 36)
Planning Officer (Pages 37 – 38)
Interested Party – Strathblane Community Council (Pages 39 – 40)
(For further information please contact Sheila McLean on 01786 233096)
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Item 3 (a)
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Item 3 (b)
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Report of Handling
STATIC CARAVAN FOR USE AS A CAFE AT WEST ARLEHAVEN, BLANEFIELD, G63
9AW, - DRU EDMONSTONE - 14/00582/FUL
DECISION:
Refuse
DATE:
9 February 2015
Summary of Representations
One letter of representation has been received in respect of the application. The following comments
have been made.
a) Amenities: The area that the site is proposed is dense with no amenities, such as sewage or water
nearby. There is no evidence of the need for this type of business located in this area. The site is
adjacent the West Highland Way and would cause issues relating to toilet and cleanliness within the
cafe being proposed, as well as H&S Issues and a fire risk within the walking area of the West
Highland Way.
Response: The applicant has confirmed that the site is serviced with water and electricity. A Septic
tank is present and litter collection will be undertaken. Facilities of a similar nature located within
nearby settlements.
b) Precedent: As well as the above concerns, it is not deemed appropriate that a static caravan be
used as a commercial cafe, along with the fact that this could cause a precedent in the future once the
site had been used in a commercial way. It is believed that a previous application has been made
some time ago for a residential property on this same site, which was in fact refused permission. This
has caused suspicion that this application is in fact to assist a future residential development at a later
time, which is not appropriate or in line with the Planning Policies set out in the Local Plan.
Response: Speculative views on the anticipated future use of the site are not pertinent to the
consideration of this application.
Summary of Consultation Responses
Roads Development Control: No objection to the proposal.
Environmental Health: No objection to the proposal.
Development Plan and Other Material Considerations
The policies applicable in consideration of this application are as follows;
Primary Policy 1: Placemaking of the Adopted Stirling Council Local Development Plan September
2014 states that development of all scales must be designed and sited, not only with reference to their
own specifications and requirements, but also in relation to the character and amenity of the place,
urban or rural, where they are located.
Policy 2.9 of the Adopted Stirling Council Development Plan September 2014: In order to support a
healthy and vibrant rural economy, developments supporting rural economic activity in the countryside
will be encouraged to locate in and around the Rural Activity Areas, close to villages or where
redundant or underutilised buildings can be used.
Policy 2.15 of the Adopted Stirling Council Local Plan September 2014: states that proposals for
mobile hot food outlets will only be supported in the following instances:
Stirling Council, Planning Services, Teith House, Kerse Road, Stirling FK7 7QA Tel: (01786) 233660
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(i) Where the outlet is required for a temporary period in association with a specific event; or
(ii) Where the outlet is located within an area where similar facilities are unavailable within reasonable
travel distance.
In the above instances:
(i) Proposals must not adversely impact upon amenity, or the landscape quality, or character of the
area.
(ii) Road and public safety must not be compromised.
(iii) Adequate off road parking must be provided, in a location that is separate from the outlet.
Summary of Submissions
Full planning permission is sought for the siting of a static caravan for use as a café.
The caravan will be sited on the footprint of the now demolished dwelling known as West Arlehaven.
The site is located on the route of the West Highland Way.
Seating for approximately 8-10 people will be provided within the caravan with a further 4 wooden
bench type tables being provided outside. Site services including water and electricity are available.
Litter collection will be undertaken by the applicant.
It is proposed that the café be operated on a seasonal basis between March and September daily
from 8am to 8pm and that it will sell a selection of hot and cold drinks and cold food such as cakes
and scones. Walking supplies such as walking sticks and general first aid supplies will also be
available. The caravan has been finished with a dark green paint.
The relevant Local Development Plan provisions are contained within Primary Policy 1: Placemaking,
Policy 2.9 Economic Development in the Countryside and Policy 2.15 Mobile Hot Food Outlets.
It is considered that this application does not accord with the above Development Plan policies for the
following reasons and that there are no material planning considerations to suggest otherwise
The proposal will detrimentally impact upon the landscape quality and character of this sensitive area.
The site is open and is highly visible from a number of vantage points. The siting of a static caravan
and outdoor associated seating would adversely impact on the landscape setting and would
negatively disrupt the open and highly attractive views within the immediate locale.
The applicant has advised he will provide free beverages to those walkers and day trippers from the
Stirlingshire community and that most of the profits will be donated to local charities. Whilst this is
commendable it is not a material planning consideration.
Furthermore, it is appreciated that the caravan could be painted many colours to help it to blend in,
however this would not remove the presumption against this type of development within this beautiful
natural landscape.
For these reasons the application is recommended for refusal.
Summary of Main Issues Raised In Respect of:
Any Environmental Statement submitted.
Any assessment under Conservation (Natural Habitats &c.) Regulations 1994 that was carried out.
Any Design Statement or Design and Access Statement submitted.
Any report on impact or potential impact of the proposed development (e.g. retail, transport, noise or
risk of flooding) submitted.
Not applicable.
Summary of terms of Section 75 Legal Agreements
Not applicable.
Directions Under Regulations 30, 31 or 32
Not applicable.
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Item 3 (c)
DRAFT CONDITIONS IN THE EVENT THAT THE LOCAL REVIEW BODY UPHOLDS THE
APPEAL
Local Review Body – 14/00582/FUL
Schedule of Conditions
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Temporary Years (Use): This permission shall cease and the use shall cease, on or
before 30 September 2016 and by then the land shall be restored to its former
condition.
2
Restrict Time To: The cafe operation to which this permission relates shall only take
place between the hours of 8am to 8pm March to September (inclusive)
3
Waste/Disposal Removal: A litter bin shall be provided by the applicant in connection
with the operation of the cafe and all waste associated with the cafe shall be
removed after each day’s trading.
4
Caravan Position: The caravan shall be positioned in the location identified on the
approved location plan.
The Council's reasons for imposing these conditions are:-
1
To enable the Planning Authority the opportunity to assess the likely effect of the use
on the surrounding area.
2
In order to safeguard the amenity of the surrounding area.
3
In order that the appearance of the site is controlled in the interests of the amenity of
the surrounding area.
4
To ensure that the the cafe operation does not compromise the safe passage of
pedestrians using the West Highland Way
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Item 3 (d)
Applicant’s Comments on Draft Planning Conditions
The only comment I would like to make relates to Schedule 1 of the Planning Conditions.
Planning Consent for just one year would not be acceptable for me as it will take at least two
years just to get the business established in the local community. In year 1 my business plan
anticipates making a loss due to the capital infrastructure involved. Indeed, profits are unlikely
to materialise until years 3 or 4.
Therefore this project would not be worthwhile if the Planning Consent ceased in September
2016.
I would be grateful if I could therefore have at least a 10 year Planning Consent.
I would also like to add that the caravan is on wheels and will be towed to and from the site
each day. I will park the caravan on the site of the old house that burnt down (known as West
Arlehaven). It will not be a permanent structure.
Thank you very much for your understanding.
Kind regards,
Dru Edmonstone
13 March 2015
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Item 3 (e)
EXTRACT of MINUTES of MEETING of the LOCAL REVIEW BODY held on MONDAY 27
APRIL 2015
LR82 APPLICATION FOR REVIEW
Static Caravan for Use as a Café – West Arlehaven, Blanefield
Mr Dru Edmonstone – 14/00582/FUL
Members considered a Notice of Review submitted by the Applicant, seeking a review
of the decision by the Appointed Officer of the Council to refuse planning permission
for a static caravan for use as a café at West Arlehaven, Blanefield.
The Legal Adviser described the proposal, the reasons for the Appointed Officer’s
decision and the grounds for the Notice of Review.
The Legal Adviser responded to a number of questions and requests for points of
clarification from Members. He confirmed that the Review should be considered in the
terms of the Local Development Plan adopted in September 2014.
Copies of relevant policies had been provided to Members.
Decision
The Local Review Body agreed:1.
that there was insufficient information before it to decide the matter without
further procedure;
2.
that an unaccompanied site visit take place;
3.
that the following further written submissions be sought:(a)
From the Planning Officer – With reference to Policy 2.15 of the
Adopted Stirling Local Plan September 2014, as referred to in the
Report of Handling dated 9 February 2015, further information on
whether similar facilities are available within reasonable travel distance
of the proposed outlet;
(b)
From the Applicant – Details of the type of vehicle proposed to be used
and where this would be located on the site;
4.
that a Hearing take place to allow further consideration of the reasons put
forward for or against the application by the Applicant, the Planning Officer and
by other interested parties.
5.
that the matter be duly referred to a future meeting of the Local Review Body.
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Item 3 f (i)
WRITTEN SUBMISSION BY APPLICANT
With regards to the type of vehicle proposed to be used and where this would be located on this
site, I currently have available two options. A green coloured x3 bedroom x1 bathroom mobile
home on wheels that can be towed with the use of a tractor or a catering van on wheels that can
be towed using a 4x4 vehicle. Either type of vehicle will be positioned on the current
foundations of the house that was formerly known as West Arlehaven, Blanefield, Glasgow G63
9AW.
What I am looking for from the Local Review Body is guidance as to which type of vehicle would
be acceptable to them.
Dru Edmonstone
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Item 3 f (ii)
WRITTEN SUBMISSION BY PLANNING ENFORCEMENT OFFICER
Policy 2.15 of the Local Development Plan Adopted September 2014 states:
(a)
(b)
Proposals for mobile food outlets will only be supported in the following instances:(i)
Where the outlet is required for a temporary period in association with a specific
event: or
(ii)
Where the outlet is located within an area where similar facilities are unavailable
within reasonable travelling distance.
In the above instance:i)
Proposals must not adversely impact upon amenity, or the landscape quality, or
character of the area.
ii)
Road and public safety must not be compromised.
iii)
Adequate off road parking must be provided, in a location that is separate from
the outlet.
iv)
On-site was collection facilities must be provided.
Members have requested further information on whether similar facilities are available within a
reasonable travel distance of the proposed site. Facilities providing a similar service to those
proposed by the applicant are available within the nearby settlements of Blanefield, Strathblane
and Carbeth (Carbeth Inn which is proximate to the site).
Lynne Currie
Planning Enforcement Officer
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Item 3 g (i)
Hearing Statement by Dru Edmonstone with regards to the proposed development of
West Arlehaven, Blanefield, Glasgow G63 9AW
Firstly, despite repeated attempts of enquiry Stirling Council refuses to tell me the exact date in
September 2014 when they adopted Primary Policy 1 of the Stirling Council Development Plan.
This is very important, because my application was received and reviewed by them on or
around 15th September 2014. If the date of adoption of Primary Policy 1 was after the 15th
September 2014 then I would like to contest the Council's Refusal of Planning Permission on
the grounds that it is not valid. How do we know that upon receiving my Planning Application
they decided to change the rules? Indeed, my initial enquiries to the Council (via both phone
and email) started in July/August 2014. Did these enquiries spook the Council into changing the
Planning Rules?
The proposed site was a residential dwelling that burnt down several years ago now. It is
exactly 5 miles from the start of The West Highland Way, and makes a fantastic 1st stop for
walkers etc as there are no other amenities along that stretch of the route.
The concrete and stone foundations of the site still remain. Therefore, my proposal is to place a
mobile caravan on the site and serve tea, coffee, homemade cakes and local produce to the
180,000 people who walk, run and cycle the West Highland Way each year.
The caravan will not be a permanent structure. It has a double axel and is on wheels meaning
that a tractor can tow it. It will therefore effectively be a "Catering Mobile". I have no desire to
build a permanent café. I only wish to capture the seasonal trade. It will be the only Café in the
Blane Valley as walkers are intending to walk to Loch Lomond and beyond and do not divert
into the Strathblane Village.
However, the mobile caravan also has three bedrooms and a bathroom so it can be used as a
bunkhouse should the Council grant me permission for that usage.
The site already has electricity, water and sewage systems in place.
The Blanefield and Strathblane Council want me to spend a huge amount of money on building
a Bunkhouse. I am not adverse to this, but I understand that Stirling Council do not want to see
a permanent structure on the proposed site. Also, given that the proposed site is just 5 miles
from the start of The West Highland Way I do not believe that walkers will want to stay there the
night. My research suggests that most walkers stay in Milngavie the night before, get up early
and start the walk before 11am in order to reach the first bunkhouse near Loch Lomond by 6pm.
I would be happy to build a bunkhouse out of wood and stone, but only after "testing the
commercial waters" for a couple of years to see if my venture is profitable.
Should the Appeal Board decide not to grant my appeal, may I ask what sort of building or
catering vehicle would they allow?
Thank you.
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Item 3 g (ii)
LOCAL REVIEW BODY HEARING STATEMENT
HEARING STATEMENT
PROPOSED SITING OF STATIC CARAVAN FOR USE AS A CAFÉ, REF 14/00582/FUL
1) Introduction
Planning permission was refused on the basis of the Adopted Local Development Plan in
consideration of Primary Policy 1 (Placemaking) and Policy 2.15 (Mobile Hot Food Outlets)
and in accordance with Scottish Planning Legislation, which requires planning applications to
be decided on the basis of the Adopted Local Development Plan, unless a material
consideration indicates otherwise.
The application was refused as the proposal did not comply with the Adopted Local
Development Plan (Primary Policy 1 and Policy 2.15)
In the opinion of the Planning Authority the application is contrary to Primary Policy 1 of the
Stirling Local Development Plan (Adopted September 2014) as the quality of design and
proposed siting does not respect or have regard to landscape character guidance.
In the opinion of the Planning Authority, the proposed development is contrary to Policy
2.15 of the Stirling Local Development Plan (Adopted September 2014) as the siting of the
static caravan for use as a café would adversely impact upon amenity, landscape quality and
character. The proposed development would negatively disrupt the open and highly
attractive views within the immediate locale.
The basis of the decision is given in the Report of Handling which, has already been placed
before the Local Review Body.
2) Policy Considerations
Primary Policy 1 (Placemaking) aims to promote development which is of quality.
Development should be sensitive in terms of siting and design and have regard to relevant
design and landscape character guidance. It is considered that the siting of a static caravan
in the proposed location for use as a café will detrimentally impact upon the landscape
quality and character of this highly sensitive area.
The proposal is not of a sufficient design quality to enhance or preserve the character or
setting of the locale. Development should be designed and sited, not only with reference to
their own specifications and requirements, but also in relation to the character and amenity
of the place, urban or rural, where they are located.
Policy 2:15 (Mobile Hot Food Outlets) supports proposals for mobile hot food outlets only
where the outlet is required for a temporary period in association with a specific event or
where the outlet is located within an area where similar facilities are unavailable within
reasonable travelling distance. Proposals must not adversely impact upon amenity, or the
landscape quality, or character of the area.
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The site is located within an attractive undulating landscape setting and is visible from a
number of vantage points. The siting of a static caravan for use as a café with associated
outdoor seating would detrimentally impact upon the landscape quality and would
negatively disrupt the highly attractive views within the immediate area. It is considered
that a land use change of this nature would compromise this attractive and unique setting.
The settlements of Blanefield and Strathblane are nearby as is Carbeth. Similar refreshment
facilities are provided at these locations.
3) Conclusion
The proposal does not accord with the relevant Local Development Plan Policies or
Supplementary Guidance for the reasons set out. The aims of the policies cited are to ensure
that development be of quality and be sensitive in terms of siting and design. Development
should not impact upon amenity, landscape quality, or the character of the area.
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Item 3 g (iii)
STRATHBLANE COMMUNITY COUNCIL
Hearing Statement for Local Review Board
Tuesday 9th June at 9.30
14/00582/FUL West Arlehaven Caravan Cafe
Strathblane Community Council opposed the application for a permanent caravan on this
site which is situated in a stunning countryside beside the West Highland Way. The
photograph of the caravan included with the planning application would have been an
eyesore. We now understand that a more “sympathetic” caravan will be proposed.
The Community Council’s view of a more sympathetic caravan would be a wooden
catering caravan such as a shepherd’s hut which would blend into the environment. This
would be preferable to the caravan at Buchlyvie. The caravan should not have room for
accommodation such as the one shown in the planning application.
We stated in our objection that there was no proven business case for this facility. The
Community Council is on record as doing its utmost to promote local businesses and
encourage tourism. With this in mind we would be prepared to support a compromise for a
temporary caravan to test the viability of the proposed business. The provision of carefully
screened toilet facilities is essential and is already needed in the area. There have been
complaints about human excrement in the area and some years ago there were proposals
for composting toilets that came to nothing.
Ideally we would prefer that the application is withdrawn and a permanent structure
proposed that would provide overnight accommodation for walkers along with a cafe
facility. Permission was previously given to rebuild the house and we feel sure that there
must be grants available to construct what could be a state of the art tourist facility in what
is a truly amazing location. Local businesses could also benefit from this.
However we do understand the requirement to test business viability first. If the board is
minded to agree to a temporary suitable caravan we would suggest that the temporary
approval is for the year 2016 to allow for all the necessary food hygiene approvals and
importantly the marketing of the new service.
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