Site visit will decide Newtyle eco house appeal bid
Appeal Decision
Angus planning appeal councillors will conduct a site visit to determine the impact of trees on a proposed three-bedroom eco-house in Newtyle. The application was initially rejected due to objections from local residents and Sepa (Scottish Environment Protection Agency), although Sepa later withdrew their objection after adjustments to the house's location.
Concerns Regarding Trees
Concerns center around the potential overshadowing of the house by existing large trees, invoking the ‘agent of change’ planning principle. This principle implies that future residents might request tree removal or trimming to enhance daylight. While there are no immediate plans to remove trees, the council acknowledges potential future conflicts regarding daylight and tree maintenance.
Site Visit
The Development Management Review Committee (DMRC) convener, Councillor Bill Duff, emphasized the need for a site visit to properly assess the house's compatibility with the surroundings, considering its size and impact on the environment. The appeal decision will be deferred until after the site visit.
Angus planning appeal councillors will wander a Newtyle garden to see for themselves the overshadowing impact trees could have on a new eco home.
In January, officers rejected the application for the three-bedroom house in the garden of 19th-century Burnbank Cottage on South Street.
More than 20 local letters of objection were submitted.
Environment agency Sepa also initially opposed the application. But their objection was withdrawn after the siting of the house was moved.
Angus Development Management Review Committee (DMRC) considered an appeal against the refusal this week.
‘Agent of change’ concerns around Newtyle garden trees
A planning official told the meeting: “The proposals were amended to redesign it, and it takes it out of the flood zone.
“But while the house isn’t at risk of flooding, the garden is.”
There are a number of large trees on the site. It is feared those may fall victim to the ‘agent of change’ planning principle in the future.
The approach places responsibility for mitigating potential impacts on those proposing new developments
The officer added: “The concern is the house would be overshadowed by trees.
“The applicant might be quite happy with that, but if anyone moved in, they might be unhappy.
“They could request trees to be lopped or taken down.
“Officers feel the trees are important to the area.”
High hedge legislation might also require the trees to be lowered to give a new owner more daylight.
“There’s no proposal to take the trees down now,” added the officer.
“But it would be reasonable in the future if someone moves into the house to complain about the level of daylight.”
DMRC convener Councillor Bill Duff said: “The reasons for objection are about whether this house is in character and is too big for the location.
“There are questions about environmental quality in the area.
“I know Newtyle, but I’m not intimately familiar with this location.
“I would certainly appreciate a site visit to look at these issues.”
The appeal will come back before the review body in due course.
🧠 Pro Tip
Skip the extension — just come straight here.
We’ve built a fast, permanent tool you can bookmark and use anytime.
Go To Paywall Unblock ToolSave articles to reading lists
and access them on any device
If you found this app useful,
Please consider supporting us.
Thank you!