Service updates

sc20171004

Last updated

23 Mar 2023

STIRLING COUNCIL

 

MINUTES of the SPECIAL MEETING of STIRLING COUNCIL held in the COUNCIL
CHAMBERS, VIEWFORTH, STIRLING on WEDNESDAY 4 OCTOBER 2017 at 1.00 PM‌‌

 

Present:

Provost Christine SIMPSON (in the Chair)

 

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Margaret BRISLEY
Councillor Robert DAVIES
Councillor Douglas DODDS
Councillor Martin EARL
Councillor Bryan FLANNAGAN
Councillor Chris KANE

Councillor Graham LAMBIE
Councillor Alison LAURIE
Councillor Alasdair MACPHERSON
Councillor Alastair MAJURY
Councillor Susan MCGILL
Councillor Alasdair TOLLEMACHE
Councillor Jim THOMSON
Councillor Evelyn TWEED

 

In Attendance

 

Jane Brooks-Burnett, Senior Planning Officer

Chris Cox, Service Manager – Planning & Building Standards
David McDougall, Governance Officer

Iain Strachan, Chief Officer – Governance (Clerk)

 

SC55 APOLOGIES

 

Apologies for absence were submitted on behalf of Councillors Alistair Berrill, Scott Farmer, Danny Gibson, Graham Houston, Jeremy McDonald and Ross Oxburgh.

 

SC56 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

SC57 PROPOSED RESIDENTIAL DEVELOPMENT AND ASSOCIATED WORKS AT BETWEEN BANNOCK BURN NEW LINE ROAD AND WEST OFROAD, WHINS OF MILTON – HALLAM LAND MANAGEMENT –
17/00407/PPP

 

The Service Manager for Planning & Building Standards introduced the report,
providing a brief overview of the proposals and noted that the application was
discussed in detail at a Pre-Determination Hearing Committee which took place earlier that day, at 10am on 4 October 2017. There were no further questions from Elected Members regarding the proposals.

 

The application was brought to Full Council since it was a Major planning application under the terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and was significantly contrary to the Development Plan.

Motion

 

“That Council agrees to Refuse the application for the following reasons:-

 

  1. The proposal is contrary to Primary Policy 1 (Placemaking) of the Stirling Local Plan 2014 and the Stirling Local Development Plan: Proposed Plan 2016, since this development will encroach onto a greenfield site, will not safeguard or enhance the natural heritage nor respect the Green Belt;

     

  2. The proposal is contrary to Policy 1.1 (b) (Site Planning) of the Stirling Council Local Plan 2014 and the Stirling Local Development Plan: Proposed Plan 2016, since this development will not respect the surrounding important landmark or view (Bannockburn Monument);

     

  3. The proposal is contrary to Policy 1.5 (Green Belts) of the Stirling Council Local Plan 2014, the Stirling Local Development Plan: Proposed Plan 2016, and SG03 (Green Belts), since this development will not preserve the openness of the Green Belt and will undermine its core role and function. Moreover, the scale of residential development is beyond that supported by this policy;

     

  4. The proposal is contrary to Primary Policy 2 of the Proposed Plan, 2016, since it is not consistent with the LDP Vision and Spatial Strategy;

     

  5. The proposal is contrary to Policy 2.1 of the Proposed Plan, 2016, since it is not consistent with the LDP Vision and Spatial Strategy and it does not meet the provisions of the LDP Overarching Policy, its accompanying Sustainable Development Criteria and all other relevant LDP policies. Furthermore, the proposal could jeopardise the delivery of an allocated site by pre-determining decisions about the scale, location or phasing of new developments that are central to the emerging Plan;

     

  6. The proposal is contrary to Policy 2.10 (Housing in the Countryside) of the Stirling Council Local Plan 2014, the Stirling Local Development Plan: Proposed Plan 2016 and SG10 (Housing in the Countryside), since this development is beyond that supported by this policy;

     

  7. The proposal is contrary to Policy 3.1 (Addressing the Travel Demands of New Development) of the Stirling Council Local Plan 2014, the Stirling Local Development Plan: Proposed Plan 2016, and Supplementary Guidance SG14: Ensuring a Choice of Access for New Developments since it has not been demonstrated that this development will be safely and conveniently accessible by walking and public transport. Furthermore, it has not be satisfactorily demonstrated that the traffic impact from the proposal will be appropriately mitigated;

     

  8. The proposal is contrary to Primary Policy 7 (Historic Environment) of the Stirling Council Local Plan 2014 and the Stirling Local Development Plan: Proposed Plan 2016, since this development will not safeguard, preserve or enhance the historic environment and the setting of its component features. It is considered that the proposal will have a negative impact on these assets;

     

  9. The proposal is contrary to Policy 7.1 (Archaeology & Historic Building
    Recording) of the Stirling Council Local Plan 2014 and the Stirling Local
    Development Plan: Proposed Plan 2016, since this development will impact physically upon a nationally important monument (Bannockburn
    Monument/Monument Hill) and significantly detract from its setting;

     

  10. The proposal is contrary to Policy 7.3 (Development affecting Listed Buildings) of the Stirling Council Local Plan 2014 and the Stirling Local Development Plan: Proposed Plan 2016 since this development will not preserve the character of nearby category ‘A’ listed buildings/structures (Rotunda, Memorial cairn, flagpole and statue of King Robert I) or their setting. Moreover, it is considered that the proposed development will adversely affect the special interest of these structures and their setting;

     

  11. The proposal is contrary to Policy 7.8 (Development affecting Battlefields, Gardens and Designed Landscapes) of the Stirling Council Local Plan 2014 and the Stirling Local Development Plan: Proposed Plan 2016 since this development would have a significant adverse effect upon the archaeology, landscape features, character and setting of a site listed in the Inventory of Historic Battlefields (Bannockburn Inventory Battlefield, 1314) and it is considered that the overall integrity and character of the battlefield area will be compromised as a result of this proposal;

     

  12. The proposal is contrary to Scottish Planning Policy since it is considered that the proposal will not protect or enhance cultural heritage which is one of its guiding principles (para 29); and

     

  13. The proposal is significantly contrary to the Development Plan and cannot be supported through Scottish Planning Policy since granting permission for the proposed development of 250 homes would undermine the plan-making process by pre-determining decisions about the location of new development and would be premature in relation to the outcome of the local development Plan Examination contrary to paragraph 34 of Scottish Planning Policy. The proposal is contrary to Historic Environment Scotland’s ‘Managing Change in the Historic
    Environment – Historic Battlefields’, Aug 2016 document since it will not protect, conserve nor enhance the historic battlefield (Bannockburn Battlefield). Moreover, it is considered that the proposal will significantly detract from the importance of the battle site. The proposal is also contrary to Historic Environment Scotland’s ‘Managing Change in the Historic Environment – Setting’, June 2016 since it is considered that this proposal will have an adverse effect on the setting of category A listed buildings and a historic battlefield.”

 

Moved by Councillor Jim Thomson, seconded by Councillor Maureen Bennison

 

Decision

 

The motion was agreed unanimously without the need for a roll call vote and
therefore Council agreed to Refuse the application for the reasons noted above.

 

(Reference: Report by Director of Localities & Infrastructure dated 22 September 2017, submitted)

 

The Convener closed the Meeting at 1.05 pm