PLANNING APPLICATION: 13/01340/APP

In the event that a recommendation on this planning application is overturned the Committee

is reminded of the advice contained on the front page of the agenda for Reports on

Applications

The Proposal

Application (retrospective) for planning permission for change of use of agricultural

buildings and ground to mixed use of agricultural buildings and land for zippettes, laser

tag, archery and quad biking and change of use of workshop to reception and meeting

area.

For details of the layout of the proposals, see Appendix 2.

The Site

East Grange Kinloss.

The site comprises an extensive area around and including the farm building complex at

East Grange, stretching north across Grange Hill. A large open field area is also included

on the opposite side of the public road (Appendix 2).

Policy / Objections-Representations / Consultations - See Appendix

History

04/01899/OUT - Erection of dwelling house at East Grange Farm - refused 17 November 2004.

12/00585/APP - Retrospective application for 5 small wooden camping cabins 3 wooden

camping cabins and alterations to bothy to form shower block and WC's - approved 15 June

2012.

11/00800/APP - Retrospective application for main zip wire application for further proposed zip

wires (zipettes) and change of use of agricultural buildings and land to mixed use of agricultural

buildings and land and for Lasertag archery and quad trekking and change of use of workshop to

reception and meeting area at East Grange - refused 20 December 2012, following a hearing at a

Special Meeting of the Planning & Regulatory Services Committee held on 4 December 2012,

for the following reason:

"The proposal would be contrary to policies IMP1, ED8 and EP8 of the adopted Moray Local

Plan 2008 where the noise, visual intrusion and general disturbance from the lasertagging (areas

LT2 and LT3), zip wire, and quad biking (area Quad 3) activities would have a significantly

detrimental impact upon neighbouring residential amenity."

13/02190/APP - Erection of new zip wire and associated structures at East Grange Loft Kinloss

Forres Moray - currently under consideration.

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Advertised for neighbour notification purposes and as a Schedule 3 development.

Observations

Section 25 of the 1997 Act as amended requires that applications be determined in accordance

with the development plan (i.e. the approved Moray Structure Plan and adopted Moray Local

Plan 2008) unless material considerations indicate otherwise. In this case, the main planning

issues are set out below.

This current application follows an enforcement investigation and refusal of the previous

(retrospective) application, 11/00800/APP. Although certain elements of that proposal were

considered acceptable and not have a significant adverse affect on residential amenity, the

decision to refuse that application, after consideration at a hearing, was based upon particular

concerns over the impact of laser tagging (in areas defined as LT2 and LT3) and the main zip

wire on the residential property 'Ty Crwn', and also over the potential disturbance from quad

biking in the area identified as Quad 3 upon the new house (Ard Beg) on the north side of

Grange Hill.

Following this refusal the applicant/agent has now submitted two separate applications, one for

the main zip wire (application 13/02190/APP) and this current application, for the remainder of

the activities proposed at East Grange. The remainder of this report considers only the latter

application.

During the consideration of this application, the proposal has been amended with amended

drawing HHL 13018.ELG.PO4 now forming the basis for the determination of the application.

This drawing shows the location(s) of all proposed activities (Appendix 2) and provides for

a 50 m exclusion area (or buffer) around all sides of the house 'Ty Crwn', with the laser tag

area LT2 (formerly LT2 and LT3) now redefined and relocated to the north and east of

that property beyond the exclusion area;

a 50 m exclusion area (or buffer) around the house on the north side of Grange Hill with

the quad bike route located beyond that exclusion area;

clarification over the number, length and location of the four zippettes, all located outwith

the exclusion area and to the east of 'Ty Crwn';

deletion of the "Occasional Activities and Quad Areas" as previously identified in the

original drawings and located over extensive areas of the site, although an extensive quad

bike track is proposed around and within the perimeter of the site;

deletion of quad biking route along the southern side of 'Ty Crwn';

When compared with the previous application, this proposal does not include the main zip wire

(now separate application 13/02190/APP); the laser tag LT1 area is unchanged (and located on

the opposite, western side of the road towards the back of a large open and flat field area); the

former laser tag LT2 and LT3 areas are redefined/renamed as area LT2 but now located over the

crest and upper slopes of the northern and eastern (wooded) sides of Grange Hill (but outwith

any 50 m exclusion area); and two archery areas are now identified (relocated from the biathlon

range to one area on part of the field to the east of the overflow parking area and the other on

higher ground to the north of Grange Hill). In addition, two quad bike areas, identified at the

northern and eastern extremities of the site (formerly Quad 1 and 2) are now identified as being

"Quad Skills" areas and two other areas (Quad 3 and 4) are no longer proposed. The locations

for the remaining activities i.e. the overflow car park, quad compound and reception building

facilities are all unchanged from the previous submission.

Impact on neighbouring residential amenity (IMP1: Development Requirements, EP8:

Pollution and ED8: Rural Business Proposals)

Policy ED 8 is generally supportive of new business proposals in the countryside provided they

do not have an adverse impact but it also advises that "where noise emissions or any other aspect

is considered to be incompatible with surrounding uses, there will be a presumption to refuse."

Policy EP8 aims to ensure new developments do not create pollution and policy IMP1 requires

new development to be sensitively sited and appropriate to the amenity of the area.

Within the previous application the concerns were primarily about the noise and disturbance

impacts of various individual uses upon the amenity of neighbouring residential property.

Except for the main zip wire line, visual impact was not at issue based on screening (landform

and vegetation) considerations, or uses involving the re-use of existing buildings, or uses

involving limited infrastructure, or occurring over parts of the site for limited time periods.

The current proposal again includes several activities previously considered not to have a

material detrimental effect on amenity based upon their nature and function, location and

distance from neighbouring property. These considerations continue to apply to the proposed

change of use of the workshop to a reception facility, the overflow car park and the laser tag area

LT1, and in this latest application, the two archery areas.

In relation to other elements of the proposal:

Zipettes: This current application omits the main zip wire and overcomes previous concerns

associated with that use however, the smaller zip wires (zipettes) remain, sited on the south-

eastern side of Grange Hill within the woodland. A sizeable distance separates the four zip

wires from the nearest property, 'Ty Crwn', with all zippettes located beyond the 50 m exclusion

zone although the wire lines are now 2 – 3 m high rather than 900 mm high. Based on their

siting and considerably smaller-scale nature together with conditions to address noise levels and

the absence of an objection from the Environmental Health Manager, it is not considered that

there would be a material adverse amenity impact occurring from their use. A similar

conclusion was reached in the earlier application where use of the zippettes did not feature as a

reason in the previous refusal of permission.

Quad Biking: In considering the impact of the quad biking, the earlier application considered

that the organised quad bike activity would be unlikely to create nuisance, provided that there

were reasonable separation distances from houses in the vicinity. There were concerns however

with the closeness of the quad biking activities proposed to the house on the north side of

Grange Hill. With a 50m buffer now proposed around this house and a previously designated

quad bike area (Quad 3) now removed from this application, the previous objection to that

use/location is considered to have been overcome. Subject to the conditions about noise as

recommended and the adoption of the exclusion zones around property, the resultant use of the

"Quad Skills" areas located on the periphery of the site and the quad bike route through the site

are not now considered to have a material adverse impact on residential amenity.

Laser Tagging (Areas LT1 and LT2): As with the previous application, there was no concern

over the potential impact of laser tag area LT1 which is to the rear of an open field on the

opposite side of the road and sited well away from neighbouring housing.

The now proposed laser tag LT2 area amends the extent of the former LT2 and LT3 areas and is

now located along the crest and upper northern and eastern side slopes of the wooded Grange

Hill, with all such activity now beyond a 50m buffer proposed around 'Ty Crwn' (see Appendix

2). The previous concerns with laser tagging in the vicinity of 'Ty Crwn' were that those

engaging this activity in the immediate area of the house would be visible and have a clear view

of that neighbouring property. In addition, with the laser guns making a loud, high pitched noise

when fired and the associated shouting and activity by participants, this use would likely cause a

nuisance without some degree of separation. With the 50m exclusion buffer as now proposed,

the effects of distance would mitigate and significantly reduce the general impact of the laser

tagging activities upon the identified property. In addition, with the proposed fencing erected to

define the outer limit of this activity (which itself will be located beyond and outwith the

proposed exclusion zone around ‘Ty Crwn’), this would act to contain this activity and avoid

participants straying too close to that property. Whilst there would still be some noise audible

from laser tagging activities within the wider area of the nearby house, the effect of the buffer

would reduce the direct impact and coupled with the Environmental Health Manager's

conditions and absence of objection to the current proposals, it is not considered that the

resultant noise and general disturbance would have a material and detrimental amenity impact

upon nearby residential property.

Access (T2)

Access to the site is via unclassified roads leading to the B9089 Kinloss road via Miltonhill and

Newton of Struthers, and to the A96 trunk road. The Transportation Manager considers that the

existing public road should be adequate for the activities proposed at the site, subject to

conditions as recommended regarding the upgrading of a passing place and the provision of a

new passing place at a location to be agreed. Together with recommended conditions regarding

traffic management measures within the site involving the blocking-up of the southern access,

and the provision of a visibility splay, the Transportation Manager has raised no objections to

the development.

Developer Contributions (IMP3)

Following consultation and assessment, there are no developer contributions required or sought

for this proposal.

Conclusion

The current proposal includes several uses previously considered to be acceptable in terms of

impact on the amenity of the area including noise pollution effects. Together with deletion of

the zip wire and subject to conditions as recommended, the amendments made in relation to the

laser tagging and quad biking activity areas plus the introduction of exclusion areas around

property are such as to overcome and mitigate previous concerns about such activities and their

impact on neighbouring residential amenity. As such a recommendation for approval of all of

the activities described in Appendix 2 can now be supported and the proposal is considered to

accord with the development plan.

REASON(S) FOR DECISION

The Council's reason(s) for making this decision are:-

Based upon the amended drawing details, the proposal is considered to accord with the

development plan and there are no material considerations that indicate otherwise.

Author/Contact Officer: Maurice Booth

Planning Officer Ext: 01343 563274

Beverly Smith Manager (Development Management)

APPENDIX

POLICY

Moray Structure Plan 2007 and/or Moray Local Plan 2008

ED8: Rural Business Proposals

New business developments, or extensions to existing industrial/economic activities in the

countryside will be permitted if they meet the following criteria:

a. careful control over siting, design, landscape and visual impact, and emissions. In view

of the rural location, industrial estate/urban designs may not be appropriate,

b. a locational justification for the site concerned if serviced industrial land is available

nearby,

c. the capacity of the local infrastructure to accommodate the proposals,

d. environmental considerations, including the impact upon natural and built heritage

designations, with appropriate protection for the natural environment; the use of

enhanced opportunities for natural heritage integration into adjoining land, and

e. the location of the development close to populated rural areas where appropriate.

Proposals involving the rehabilitation of existing properties (e.g. farm steadings) to provide

business-premises will be encouraged, provided access and parking arrangements are

acceptable. Where noise emission or any other aspect is considered to be incompatible with

surrounding uses, there will be a presumption to refuse.

T5: Parking Standards

Proposals for development must conform with the Council’s policy on parking standards.

Policy T2: Provision of Road Access The Council will require that a suitable and safe road access from the public highway is

provided to serve new development and where appropriate any necessary modifications to the

existing road network to mitigate the impact of development traffic, and the provision of

appropriate facilities for public transport, cycling, and pedestrians. Access proposals that have a

significant adverse impact on the surrounding landscape and environment that cannot be

mitigated will be refused.

SPP17 details that there will be a presumption against new accesses onto a trunk road, and that

the Scottish Executive will consider the case for such junctions where nationally significant

economic growth or regeneration benefits can be demonstrated.

EP9: Contaminated Land

Development proposals on potentially contaminated land will be approved if:

a. site specific risk assessments are undertaken by the applicant to identify any actual or

possible significant risk to human health or safety, or to the environment and that any

previous historic uses are not continuing to cause significant pollution to the water

environment, and

b. effective remediation measures are agreed to ensure the site is made suitable for any new

use granted consent, and

c. appropriate measures for the disposal of any contaminated material is agreed with the

Council.

The Council will consult SEPA in respect of pollution of controlled waters and licensing issues

arising from remediation works.

Policy ER3: Development in Woodlands

Development proposals within woodlands will be refused where this development would

adversely affect the biodiversity or recreational value of the woodland or prejudice the

management of the forest.

IMP1: Development Requirements

New development will require to be sensitively sited, designed and serviced appropriate to the

amenity of the surrounding area. It must meet the following criteria:

a. the scale, density and character must be appropriate to the surrounding area,

b. the development must be integrated into the surrounding landscape,

c. adequate roads, public transport, and cycling and footpath provision must be available, at

a level appropriate to the development,

d. adequate water, drainage and power provision must be made,

e. sustainable urban drainage systems should be used where appropriate, in all new

developments

f. there must be adequate availability of social, educational, healthcare and community

facilities,

g. the development should, where appropriate, demonstrate how it will incorporate

renewable energy systems and sustainable design and construction. Supplementary

Guidance will be produced to expand upon some of these criteria,

h. provision for the long term maintenance of public landscape and amenity areas must be

made,

i. conservation of natural and built environment resources must be demonstrated,

j. appropriate provision to deal with flood related issues must be made, including the

possibility of coastal flooding from rising sea levels and coastal erosion,

k. pollution, including ground water must be avoided,

l. appropriate provision to deal with contamination issues must be made, and

m. the development must not sterilise significant workable reserves of minerals, prime

quality agricultural land, or preferred areas for forestry planting.

n. where appropriate, arrangements for waste management should be provided.

Policy IMP3: Developer Contributions

Contributions will be sought from developers in cases where, in the Council’s view, a

development would have a measurable adverse or negative impact on existing infrastructure,

community facilities or amenity, and those contributions would have to be appropriate to reduce,

eliminate or compensate for that impact.

Where the necessary contributions can be secured satisfactorily by means of planning conditions

attached to a planning permission, this should be done, and only where this cannot be achieved,

for whatever reason, the required contributions should be secured through a planning agreement.

East Grange

Opportunity exists for the development of Site A for up to 3 houses. Site B has been identified

as being suitable for up to 4 houses. A public water supply is available but drainage is not.

Development will depend on the suitability of ground conditions for soakaways.

Character Description: 1 Kirktown/Farmtown.

Specific Character Features

Group B buildings dominant.

OBJECTIONS-REPRESENTATIONS

Letters received from:

Jacqui And Peter Jones, Ty Crwn, East Grange, Kinloss, Forres, Moray, IV36 2UD

Issue:

In terms of the exclusion area around Ty Crwn, it is difficult to assess distances from

property as there are no measurements on the plan.

The 50m wide exclusion area as introduced is measured from the external walls of the

house, not the boundary of the property. This is too small a distance to minimise the loss

of amenity which would be suffered from noisy activity.

The 50 m exclusion area (measured from the boundary) is still too close to the property

boundary and would undermine the reasons for the earlier decision. An appropriate

exclusion area as measured from the boundary would be 75 m.

The exclusion area does not extend to the area to the south or west of the boundary. This

should be remedied by condition, and reflect that for Ard Beg to the north, otherwise a

significant loss of amenity would occur.

Planning conditions placing a ban on activity within the agreed area for existing housing

should be applied to proposed developments (with planning approval or zoned for

housing).

Conditions imposed for the Highland Gliding Club (12/00269/APP) required no aircraft

noise to be audible at the boundary of the nearest noise sensitive property and a similar

understanding should be applied here.

Comment (PO):These comments all pre-date receipt of the amended drawing, HHL

13018.ELG.PO4, now drawn to scale with a 50m wide exclusion area extending around all sides

of ‘Ty Crwn’, and for Ard Beg to the north and measured from the property boundary as defined

on the plan. As suggested by the objector, conditions are recommended to relate to the amended

plan as identified and to preclude activity including laser tagging within the identified exclusion

areas, meaning that the latter activity is now located further away from ‘Ty Crwn’ than

previously proposed in the earlier application. Together with the Environmental Health

Manager's recommended conditions to address noise impact and their absence of an objection to

the exclusion zone as defined, the 50 m wide buffer is considered adequate to avoid any material

and adverse amenity impact.

With regard to the objector's interpretation of conditions at Highland Gliding Club, the

requirement for noise aircraft not to be audible at a boundary applies to specific aircraft activity

during specified (early evening) hours. At East Grange, conditions are recommended to

preclude any or all activity included within this application after 7pm. In any event, each

application is considered on its own merits and the noise issues for each application are entirely

different.

Issue:

Clarity is sought regarding the term, "Occasional Activities", given the potential for loss of

amenity from noise emanating from such amenities including land behind The Elms where

no exclusion area is offered to protect the amenity of that property.

Comment (PO): This comment pre-dates receipt of the amended drawing, HHL

13018.ELG.PO4. The initial plans as submitted included such activity to occur over extensive

areas of the site but did not define this term or the activities that would occur. With the latest

amended plan, all areas previously identified for "Occasional Activities" have been removed/

deleted from the drawings and such use no longer forms part of the application.

Issue:

The shared access track used to access ‘Ty Crwn’ is not clearly identified and is part of the

quad track which is unacceptable.

Comment (PO): From the amended drawing, HHL 13018.ELG.PO4 the shared track may not

be shown but the track is not shown as a quad track route.

Issue:

For the earlier retrospective application the applicant's indicated a "good neighbour

policy" would be introduced with pre-application consultation by the applicant with

neighbours. Despite the commitment given to the Committee this has not been the case.

Comment (PO): Although this may have been intimated by the applicant at the time of the

Hearing for the earlier application (11/00800/APP), pre-application consultation by an applicant

with the local community is not a pre-requisite for the submission of this application.

Issue:

The position and length of zipettes are different from that previously shown with their total

length longer (increased from 127 to 168m) and the area used by the zipettes is extended

towards Ty Crwn.

The laser tag/zipette area is brought closer to the boundary, the distance to the house is

reduced from 50 m to 32 m.

The shape of the feu plan for Ty Crwn is not the shape as shown by the applicant, the

repositioned zipettes are only 30 m from the boundary and the laser tag area is 18m. There

will be a loss of amenity from noise emanating from these activities close to the property.

An exclusion zone of 75 m from the boundary of Ty Crwn is sought to resolve any further

conflict.

Comment (PO): These comments pre-date receipt of the amended drawing, HHL

13018.ELG.PO4. The zippette arrangements are different from the previous application

including their location, length and height above the ground but now all four zippettes (total

length 127 m) are located through a woodland area and are outwith the 50 m exclusion area as

now defined. With both the previous and current arrangements there were/are no objections to

the use of these zippettes in terms of any adverse amenity impact.

Issue:

The route of the core footpath has changed from the previous retrospective application

and the Council's approved route (Core Paths Network refers) and the public footpath

through the site is incorrectly shown. No application has been made to vary the route.

Comment (PO): The proposals involved in the application would not be likely to prejudice the

footpath and although fencing is proposed to define the exclusion area this will need to

safeguard and not obstruct any identified route. There are separate legal controls for the

protection of public footpaths, and an 'Informative' is recommended advising the applicant of his

obligations.

CONSULTATIONS

Transport Scotland: Does not advise against granting permission.

Contaminated Land: No objection

Building Standards: Building Warrant required.

Environmental Health: No objection subject to a condition regarding noise levels and

permitted hours of operation.

Transportation Manager: No objections subject to conditions including the provision of new

and alterations to existing passing places, existing access to East Grange and The Loft to be

gated, up-grading of existing access and visibility splay to be provided, etc.

Findhorn & Kinloss Community Council: No objection.

Planning Gain Unit: No contributions sought.

MOD Safeguarding: No safeguarding objection

Environmental Protection: No objection.