Remove occupancy restriction at Clauchlands House Clauchlands Road, Lamlash, Brodick

“Section 42 application to remove agricultural occupancy restriction under condition 1 of dwelling house granted under planning permission 01/00666/PP ___________________________________________________________________”

“An application has been made to remove an agricultural occupancy restriction on a house which was granted by the Planning Committee under planning permission 01/00666/PP in 2002.”

“The three-bedroom single storey building is of simple rectangular plan form with a footprint of some 153m2 and is of traditional design and finishes featuring pitched dormers to the front roof slope. It shares the main farm access road which leads from Clauchlands Road at the south and is otherwise bounded by agricultural land within the farm.”

“A similar agricultural occupancy was previously removed from Clauchlands Cottage No.3 in 2019 (19/00573/ALO) immediately following the closure of the Torrylinn Creamery for similar reasons as farm staff were initially released from employment. Removal of a similar occupancy tie in a Section 75 legal agreement on the house built by the original farmer, Alex Reid and c.195m west of this approval was also previously approved by the planning committee in March 2024.”

“Requests to remove such occupancy restrictions should normally take into consideration: the time passed since the original restriction was imposed; the change in circumstances given as justification; consideration of any risks associated with removal of the restriction; difficulties caused by retention of the restriction, e.g. mortgage borrowing; and that the house is suitably sited and designed and provides a reasonable level of residential amenity.”

“In terms of siting and amenity, the house provides a good level of residential amenity and outlook which would be unchanged by the requested removal of the occupancy restriction. It does not impact on the privacy or residential amenity of the other properties at the farm, which are 50 metres to the northeast and 190 metres to the northwest respectively.”

“There was no statutory requirement for neighbour notification or other publicity given the remoteness of the location and the surrounding land all being in the ownership of the applicants. The application was displayed on the Council's online planning portal. No public comments or objections have been received, and no consultations were required.”

“Submitted a report by the Chief Planning Officer under Section 42 of the Town and Country Planning (Scotland) Act 1997 seeking permission to remove agricultural occupancy restriction under condition 1 of dwelling house granted under planning permission 01/00666/PP.”

“The Committee unanimously agreed to approve planning permission.”