Three repositioned caravans at Auchengower Caravan Park Auchengower Park, Cove

What was proposed

Retrospective permission was sought for three caravans, decking and parking and turning areas within an established caravan park.

“The Area Team Leader spoke to the terms of the report and to supplementary report number 1 which advised for further comments submitted by an objector. This application was made following planning enforcement. Retrospective planning permission is sought for the repositioning of three caravans (one holiday and two residential use), along with the erection of decking and formation of parking/turning areas for each caravan within an established caravan park.”

Minutes

Planning and enforcement history

The application followed planning enforcement, and the site had outstanding breaches connected with caravans, woodland, hardstanding and other works.

“Members should note that up to five cubic metres of timber within any set calendar quarter can be felled without the need for a license and also smaller trees are also exempt. As the trees were felled both in 2020 and then in 2023 then this may have negated the need for a licence, which is also the opinion of Scottish Forestry.”

“In addition, in view of the 16 enforcement notices that are outstanding on the site, it is not realistic to expect this to be satisfactorily delivered. Officer comment: The applicant has control over the land surrounding the caravans even though the caravans themselves are sold individually. Therefore, the applicant can deliver the proposed landscaping. Point 4 – This is factually incorrect – most of the woodland was removed in the spring of 2024.”

Officer report

The officer recommendation

Officers recommended approval subject to conditions, considering the departure minor because mitigation and compensation measures would reduce the impacts.

“Classification: OFFICIAL Officer comment: Officers consider the departure to be minor given it is for three caravans only, there is suitable mitigation and compensation measures that reduce the impacts. • Under (D) History it lists 16 enforcement notices of which none has been resolved. Officer comment: As stated in the report, the case in relation to the demolition of the listed house will be closed as it is not considered expedient to take action.”

“Officer comment: As stated above, the council has photographic evidence that the platform was created in 2020 and it is agreed the further hardstanding in the form of the tarmac road and monoblock paving was then built in Spring 2024 when the caravans were sited. RECOMMENDATION: It is recommended that planning permission be granted subject to the recommended list of conditions as appended to main report of handling.”

Officer report

Local views

The application received fourteen representations, including twelve objections, two supporting comments and an objection from the community council.

“A total of 14 representations has been received, of which 12 are in objection and 2 are in support. There is also an objection from Cove and Kilcreggan Community Council. Although the application has raised many concerns locally given it is retrospective and required enforcement action, it is the opinion of the Planning Authority that the representations do not raise any complex issues and Officers consider that a hearing would not add value to the planning process.”

Minutes

Who spoke

The Area Team Leader presented the report and supplementary report, including further comments from an objector.

The planning balance

Members were advised that the proposal supported affordable homes, tourism and an established business, while biodiversity gains could mitigate some landscape harm.

“There is support within the policy provision of the adopted National Planning Framework 4 (NPF4) and Local Development Plan 2 (LDP2) in terms of providing permanent affordable homes, supporting the tourism sector and sustaining an established business. It is acknowledged that the local landscape and ancient woodland has been affected by the development works.”

“Having due regard to the Development Plan and all other material considerations, it was recommended that planning permission be approved as a minor departure to Development Plan Policy subject to the conditions, reasons and advisory notes appended to the report of handling.”

Minutes

The decision

The committee granted permission as a minor departure from Development Plan policy, subject to conditions, reasons and advisory notes.

“The Committee agreed to grant planning permission as a minor departure to Development Plan Policy subject to the following conditions, reasons and advisory notes:”

Minutes