Removal of access condition at Lannhall Tynron Thornhill, Tynron

“The site has an extant full planning permission (25/1985/FUL) for the demolition of the poultry shed (which in turn benefits from a previous determination under reference 25/1351/DPD that conversion did not require prior approval) for the rebuilding of a terrace of 4 dwellings on the footprint of the original building. The proposed terrace would be 1½ storeys in appearance to allow for the provision of rooms in the roof space.”

“The application made under Section 42 of the Act seeks to remove Condition 4 of planning permission 25/1985/FUL. This condition required: “That no dwellinghouse hereby granted planning permission shall be occupied / brought into use unless and until the proposed vehicular access at its junction with the C119n has been formed so as to be 5 metres wide for the first 5 metres from the public road and has been constructed with 5 metre radius curves.”

“The site, Lannhall, is situated 8.69km south-west of Thornhill. The holding is a sheep farm with the buildings proposed for demolition previously used as poultry sheds. The site is adjacent to, but not within, Lannhall House and Walled Garden which is a Category B Listed Building. There are no proposed alterations to any listed structure.”

“It is the agent’s assertion that Condition 4 should not have been attached to planning permission 25/1985/FUL as, in their opinion, it fails to comply with 4 of the 6 tests set out in Circular 4/1998 and so is ultra vires and so should be removed. As set out above, some of their comments are however incorrect (conditions cannot be applied to permitted development prior notification hence why there was no such condition attached to 25/1351/DPD).”

“The agent has confirmed that the area of land required to carry out the works required by Condition 4 is totally outwith the applicants’ control; in fact, each side of the existing access is under the control of different third parties, not a single landowner. The applicants have rights of access only over the existing private access to Lannhall.”

“A representation was received from the following address:- The Lodge, Tynron, Thornhill Whilst this was stated to be a letter of objection, none of the issues raised (land ownership, rights of access, information not shown on the plans) are planning matters and therefore cannot be taken into account as part of the determination of the application.”

“APPROVED application 26/0364/S42 subject to conditions as detailed in the report.”

“MEMBER – Stephen Thompson left the meeting – 13 Members present.”

“That, notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or such subsequent legislation as amends this Order), no development falling within Part 1 of the Schedule to the said Order shall take place to the dwellinghouse hereby granted planning permission or within its curtilage unless a further application for planning permission for such development has been submitted to and approved by the…”

“That no dwellinghouse hereby granted planning permission shall be occupied / brought into use unless and until the off-street car parking and turning areas shown on the approved drawings have been formed in complete accordance with the said drawings or such other drawings as may be approved in writing for the purpose by the Council as planning authority.”