One of the key aims of the Plan is the achievement of population growth through the realisation of residential development opportunities for all sectors of the housing market.

However, development of lanes, backcourts, rear and side gardens is as contentious as it is challenging. The conversion of existing property and the introduction of new build has the potential to create a more diverse and attractive housing stock. Designed with care, and with due attention to its unique setting, residential development can help restore areas that are neglected and underused. Problems can, however, result from inappropriate development in lanes, backcourts and rear and side gardens. Over-development, alien to the built form and townscape of the area, could create many unforeseen and problematic consequences. Existing residents could suffer from loss of privacy. The new residents could be faced with a poor environment featuring sub-standard access along unlit and badly surfaced lanes, cramped layout, and inadequate private amenity space. Inappropriate development can also exacerbate difficulties for rear servicing, emergency access and lead to problems associated with illicit parking, traffic movement and general security.

Development should not be seen as the only solution for unkempt lanes and gardens. For example, private residents in the West End have financed environmental improvements to the benefit of communal servicing and general amenity. This voluntary approach has a key role to play in sustaining the attractions of established residential areas.

This policy sets out the standards which will be used to assess planning applications for residential developments in lanes (see Definition), backcourts and rear and side gardens, outwith the City Centre. Proposals will be evaluated to ensure that any development does not adversely affect existing townscape characteristics, functional integrity, amenity and greenspaces.

The Policy applies to:

All proposals should also comply with the following policies:

Section 3: Residential

Section 6: Transport and Parking

Section 7: Urban Design

Section 8: Built Heritage

Section 9: Greenspace, Landscape and Environment.

Design standards for the appropriate form of residential development in lanes, back courts, rear and side gardens are described in sections (1-4) of this policy.

1. RESIDENTIAL DEVELOPMENT ACCESSED BY LANES

Proposals for residential development, either conversion or new build, accessed by lanes, will require to meet all the under-noted criteria:

(a) The established building lines of the lane should be respected;

(b) Existing stone boundary walls should be retained;

(c) The existing function of the lane such as access to car parking for residents, access for refuse lorries, access to lock-up garages and pedestrian footpath, should not be adversely affected;

(d) Residential greenspace must be provided for future residents, with appropriate space allocated for bin storage, as well as amenity space for clothes drying and sitting out;

(e) The amenity of neighbouring residents should not be affected because of loss of privacy or overlooking (see policy RES 2: Residential Site Layouts);

(f) The local character and identity of the area should be respected;

(g) All parking should be located off the lane to ensure continued access for refuse lorries and emergency vehicles;

(h) The scale and massing of any new development should be subordinate to the surrounding properties and constructed in the style of a mews house up to a maximum height of two storeys. The new buildings proposed will follow the guidelines for mews houses (see section 4);

(i) If the lane is not adopted, it should be improved and brought up to standard in accordance with the Roads Authority guidelines and acceptable to the Planning Authority. The whole lane, from the development site to the road, should be improved (see Note); and

(j) The new surfacing of a lane, in conservation areas, should ideally be in setts. Modern alternatives, which match the originals in colour, texture and pattern, may be acceptable in certain circumstances. Smooth setts would be acceptable for the creation of a cycle lane.

2. RESIDENTIAL DEVELOPMENT IN BACKCOURT AREAS

Most backcourts are set out as a series of private shared garden spaces, generally one for each tenement close. Some backcourts, however, also accommodate commercial uses, such as garages, warehouses and workshops, accessed from a road by a lane or pend. These commercial operations are normally built at a lower scale than the surrounding tenements.

Proposals for residential development, either conversion or new build, will require to meet all the under-noted criteria:

(a) The backcourt (development site) should be comprehensively upgraded, comprising a high level of landscaping as well as providing sufficient refuse facilities for the proposed residential properties;

(b) Boundary walls of the backcourt to be retained or created (where appropriate) to clearly separate the communal/private gardens of the neighbouring properties from the proposed development. In conservation areas, this should be achieved by the retention or replacement of boundary walls in stone;

(c) The new buildings proposed will follow the guidelines for mews houses (see 4);

(d) The scale and massing of any new development should be subordinate to the surrounding properties and constructed in the style of a mews house up to a maximum height of two storeys;

(e) The amenity of neighbouring residents should not be affected because of loss of privacy or overlooking (see policy RES 2);

(f) The local character and identity of the area should be respected; and

(g) All parking should be located within the backcourt area.

3. RESIDENTIAL DEVELOPMENT IN SIDE AND REAR GARDENS

The City contains many detached and semi-detached houses with generous gardens to the side and/or rear of the properties. The spacious, leafy character of these areas would be eroded by the over-intensive development of plots. Development in side and rear gardens is unlikely to be supported within conservation areas (see policy HER 3: Design Standards for Listed Buildings and Properties in Conservation Areas).

Proposals for residential development, either conversion or new build, will require to meet all the undernoted criteria:

(a) The amenity of neighbouring residents should not be affected because of loss of privacy or overlooking (see policy RES 2);

(b) The new plots created comply with the sizes indicated in policy RES 2 or, alternatively, the average plot size of the area;

(c) Consent is unlikely to be granted for a development which is accessed by a road or driveway that runs immediately in front of windows in an adjoining property;

(d) The development must be accessed directly from a public street; and

(e) The local character and identity of the area should be respected.

4. DESIGN STANDARDS FOR MEWS HOUSES

Design of mews houses will require to meet all the under-noted criteria:

(a) The scale and massing of any new development will require to be subordinate to the surrounding properties and constructed in the style of a mews house up to a maximum height of two storeys, (in some sensitive locations a maximum height of one and a half storeys, or even one storey, may be considered more appropriate);

(b) If the building adjoins, or is in proximity to, an original mews house or group of mews houses that pre-date 1919 (see Built Form Map), then it would be appropriate to form a new mews building up to, but not exceeding, the dimensions of the original mews, provided that there is no adverse effect on neighbouring properties;

(c) All new buildings shall have pitched roofs, clad in slate, with gable ends;

(d) All walls facing on to the lane shall be finished in natural stone in conservation areas. Whitewashed walls could be considered acceptable in less sensitive locations, (or where this style of mews house predominates locally);

(e) Second floor accommodation, if proposed, shall be lit by conservation-style rooflights, rather than dormers;

(f) Development should respect building design and use of materials (see policy DES 3: Building Design and Materials);

(g) The parking standard for residential development in lanes, backcourts, rear and side gardens is one off-street parking space per dwelling (see policy TRANS 4: Vehicle Parking Guidelines); and

(h) Residential greenspace standards should be achieved and maintained for residential development in lanes, backcourts, rear and side gardens.

The policy only refers to adopted lanes. If lanes are not adopted but capable of improvement, the views of the Roads Authority should be sought to determine the essential up-grading works. The applicant must have the legal right to undertake such works, either to have ownership of the lane or have the agreement of all other owners, and evidence should be produced to that effect. Where traffic access is proposed through a private lane, the applicant must provide evidence of legal right to vehicular access.

LANE

A lane is a narrow road or street, normally located at the rear of properties. A lane can adjoin boundary walls, rear gardens, hedges or fences on both or one side, or provide access to back court areas.

BACKCOURT

West of Scotland term for tenements common back garden, typically with bin stores for domestic rubbish.

(Scottish Executive Publication "We are all responsible").

MEWS HOUSE

A building which was used in the past for keeping horses and is now used as a house. (Cambridge International Dictionary of English).