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    • 4.1

      This application must be determined firstly against national and development plan policy on development within the Green Belt. Circular 2411985 on Development in the Countryside and Green Belts and Policy GB3 of the Kilsyth Local Plan 1999 allow the development of a new house in the Green Belt only where strict criteria are met. These includejustification by establishing an agricultural need, and I am satisfied that the Scottish Agricultural College report submitted with the current application provides such a justification (see paragraph 1.2 above). The applicant has confirmed a willingness to accept a planning condition and/ or Section 75 Legal Agreement to restrict occupancy and tie the,house to the farmland. The proposed siting of the new house is close to the existing farm (although not immediately adjoining due to topographical constraints) and I am satisfied that the proposal accords with Policy GB3 and also Planning Advice Note PAN36 Siting and Design of New Housing in the Countryside.

    • 4.2

      The siting of the proposed new house has been amended from the original submission in order to not affect three mature trees fronting the access track, and to site the house further from the line of the Antonine Wall and associated earthworks. It is now considered likely there will be no significant adverse conservation or archaeological impacts. There will be some landscape impact, but with new hedgerow boundary treatment proposed around the house, and the amended siting further downhill to the north allowing the retention of a 40 metre wide grassed area alongside the existing access road/ public footpath, this is considered acceptable, given the established need for a new agricultural dwelling. Access arrangements are considered satisfactory, with three houses only now to be served from the existing access track off Dullatur Road, and the Council's parking and garden standards are met. Historic Scotland have confirmed that, although the site lies close to the Antonine Wall, this Scheduled Ancient Monument will not be affected by the proposal and that there is unlikely to be a significant impact on its setting. National Planning Policy Guidance NPPG5 on Archaeology and Planning states in paragraph 17 that the strength of protection will not be as high for sites which are not scheduled or notified as of national importance, but that provision must be made for archaeological recording. It is possible that unscheduled archaeological remains may exist in this location and in view of the consultation response from the West of Scotland Archaeological Service, and the guidance in NPPG17, a condition is recommended to require an archaeological investigation prior to development proceeding. Other conditions are recommended on materials, to approve boundary treatment details, protect nearby tre'bs, require a site investigation and any remedial works necessary, and control occupancy of the house.


Subject to the conditions recommended in the above report, it is recommended that planning permission be granted, but that the Decision Notice should not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded between the Council and the applicant in respect of the agricultural occupancy of the dwellinghouse and to tie the house to the farmland it serves.

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