EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 27 FEBRUARY 2015
06/0711/FL: PROPOSED ERECTION OF 69 PRIVATE DWELLINGS
AT TOLBOOTH GRANGE, CROFTHEAD ROAD, KILMAURS
EAST AYRSHIRE
APPLICATION BY HOPE HOMES SCOTLAND LTD
Report by Acting Head of Planning and Economic Development
Click for Application Details: http://eplanning.eastayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=ZZZZTNGFXC509
EXECUTIVE SUMMARY SHEET
PURPOSE OF REPORT
1.
The purpose of this report is to present for determination a planning application which is to be
considered by Planning Committee under the scheme of delegation, since it is termed a major
development as defined within the Town and Country Planning (Hierarchy of Developments)
(Scotland) Regulations 2009, but is considered not to be significantly contrary to the
development plan and thus should be determined by Planning Committee.
2.
This application has been considered against the Development Plan policies and is not
considered to be significantly contrary to the Local Development Plan noting that it is a
Development Opportunity Site which is zoned for residential use and whilst a reduced level of
public open space has been provided, the applicant has sought to provide for the benefit of the
wider community, additional park and ride facilities which are promoted within the local plan.
The appropriate route for a decision on this application is therefore consideration and
determination by the Planning Committee as detailed within the Scheme of Delegation.
RECOMMENDATION
3.
It is recommended that the application be approved subject to conditions indicated at
Appendix 1 of the report but that the Decision Notice be withheld until an agreement in
terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended)
has been satisfactorily concluded by the Solicitor to the Council in relation to the matters
referred to within paragraph 64 of the report.
CONTRARY DECISION NOTE
4.
Should the Committee agree that the application be refused contrary to the
recommendation of the Acting Head of Planning and Economic Development on the
principle of the development the application would require to be referred to Council as it
would represent a significant departure from Council policy.
David McDowall
Acting Head of Planning and Economic Development
Note: This document combines key sections of the associated report for quick reference and
should not in itself be considered as having been the basis for recommendation preparation or
decision making by the Planning Authority.
EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 27 FEBRUARY 2015
06/0711/FL: PROPOSED ERECTION OF 69 PRIVATE DWELLINGS
AT TOLBOOTH GRANGE, CROFTHEAD ROAD, KILMAURS
EAST AYRSHIRE
APPLICATION BY HOPE HOMES SCOTLAND LTD
Report by Acting Head of Planning and Economic Development
PURPOSE OF REPORT
1.
The purpose of this report is to present for determination a planning application which is to be
considered by Planning Committee under the scheme of delegation, since it is termed a major
development as defined within the Town and Country Planning (Hierarchy of Developments)
(Scotland) Regulations 2009, but is considered not to be significantly contrary to the
development plan and thus should be determined by Planning Committee.
2.
This application has been considered against the Development Plan policies and is not
considered to be significantly contrary to the Local Development Plan noting that it is a
Development Opportunity Site which is zoned for residential use and whilst a reduced level of
public open space has been provided, the applicant has sought to provide for the benefit of the
wider community, additional park and ride facilities which are promoted within the local plan.
The appropriate route for a decision on this application is therefore consideration and
determination by the Planning Committee as detailed within the Scheme of Delegation.
APPLICATION DETAILS
3.
Site Description: The application site lies within the settlement boundary for Kilmaurs to the
south west of the village. The site currently comprises fields and is accessed with a field gate
off Crofthead Road. The application site extends to some 3.7288 hectares and is bound to the
north by existing residential properties on Crofthead Road, to the east, by the single residential
property and associated land at Fenceside. To the south and west lies agricultural land.
Kilmaurs railway station lies approximately 90 metres to the east of the proposed access to the
application site.
4.
Proposed Development: It is proposed to undertake a residential development to erect 69 (it
was originally proposed to erect 72 dwellinghouses however following various discussions this
has been reduced to the current proposal of 69 units) dwellinghouses with associated access,
internal road and footpath network and public open space with associated play area.
5.
The site is to be accessed from Crofthead Road at the junction with Hillmoss (which leads to
Irvine Road). Access into the site will be via a new crossroads and there will be a circulatory
internal road leading to the south of the site and a cul-de-sac with a roundel.
6.
All proposed dwellinghouses are either detached or semi-detached properties. Of the 69
properties that are proposed, there are 53 detached properties and 16 semi-detached properties.
7.
There will also be a combination of 12 single storey bungalows on site and the bungalows are
proposed to comprise either 2 bedroom or 3 bedroom units.
8.
Thereafter all remaining properties will be two storey i.e. 57 units and will comprise a combination
of 2, 3, 4 and 5 bedroom properties. There will be 6 two bedroom two storey properties, 27,
three bedroom two storey properties and 21 four bedroom properties.
9.
There are also 3 five bedroom two storey properties proposed.
10.
External materials are proposed to comprise:
Roofs - a combination of Grampian black roof tile with matching ridge (which is a flat
concrete interlocking roof tile), a smooth grey concrete rooftile with red ridge tile or a Mosborough
red rooftile with grey ridge tile (which is a flat concrete interlocking roof tile).

External Walls – either a Harvest/Ross buff quartz render or a Glen Almond white quartz
render
11.

Stonework - buff stone effect finish, brown old weather stone effect or black stone effect.

Fascias and bargeboards – all shall be finished in red pine with black or brown stain.
One large area of central regular shaped open space is proposed which will include an area of
public open space and an area for SUDs (Sustainable Urban Drainage system). This area will
also include a play area with a range of play equipment. One smaller area of open space is
proposed within the site at the entrance to the cul-de-sac.
CONSULTATIONS AND ISSUES RAISED
12.
The Scottish Environment Protection Agency (SEPA) has no objection to the proposed
development on the understanding that all foul drainage from the site should be connected to
the public sewer. SEPA advise that they seek written assurance from Scottish Water that the
additional flow arising from this development will not cause or contribute to the premature
operation of consented storm overflows. SEPA further state that they seek a condition relative
to SUDs (sustainable urban drainage system) for the treatment of surface water from the site.
SEPA further ask that suitable provision be made for the provision of waste storage at individual
properties and for the development as a whole. As one final point SEPA advise that the soils in
this area are of a heavy nature and therefore surface features (such as ponds) may be required
to be utilised in the design of SUDs and that the surface water sewer and nearest watercourse
are some distance from the site.
It is noted that the proposed development incorporates provision for SUDs and that the
layout for each plot provides for the storage of waste bins. Scottish Water has also
responded to this application as detailed at paragraph 16 of this report and has not
objected. The Ayrshire Roads Alliance has also considered the proposals in detail and
has no objections in terms of flooding and surface water as detailed in paragraph 14 of
this report.
13.
West of Scotland Archaeology Service (WOSAS) note that this site is on previously undeveloped
land and there is potential for development in this area to disturb significant unrecorded sub-
surface archaeological deposits. Government policy states that planning authorities should
ensure that prospective developers arrange for any archaeological issues raised by their
proposals to be adequately addressed. WOSAS therefore recommend a condition on any
planning consent the implementation of a programme of archaeological works to be undertaken
in accordance with a written scheme of investigation which has been submitted by the applicant,
agreed with WOSAS and approved by the Planning Authority with thereafter the progamme of
work being fully implemented on site.
This matter can be conditioned should Members choose to grant consent.
14.
Ayrshire Roads Alliance (ARA) has provided the following comments:Transport Statement
Accessibility
All areas of the proposed development that would be expected to fall within likely adoption limits
will require Roads Construction Consent (RCC) approvals prior to any work on site. A
Construction Traffic Management Plan (CTMP) will require to be agreed with the ARA. The
proposed main access to the development is via a new raised table crossroads at Crofthead
Road/Hillmoss which will complement the already existing traffic calming measures on Crofthead
Road and adding to the formal traffic calming in the area will ensure that all vehicle speeds are
kept to a minimum in the vicinity of Kilmaurs Primary School. The traffic calming scheme will be
further enhances by the provision of a gateway feature to the east of the site. Pedestrian facilities
surrounding the proposed development currently provide linkages to the centre of Kilmaurs and
an additional footway will require to be provided by the developer along the site frontage on
Crofthead Road.
Traffic and junction analysis
Base network flows were gathered from traffic surveys carried out in February 2013 and factored
to a design year of 2016 using National Roads Traffic Forecasts Mid Growth with no other
committed developments of any significance that would require to be taken account of in the
required junction assessments. The TRICS database has been used to determine the trip
generation for this development and trips of 0.25 in and 0.85 out for the AM peak, with 0.65 in
and 0.4 out for the PM peak would be considered acceptable.
The following junctions were assessed for the Transport Assessment and all junctions were
requested to be analyzed in full, regardless of the 2-way percentage impact:1. Crofthead Road / Yardside Road – priority junction
2. Yardside Road / Irvine Road – priority junction
3. Sunnyside / Townhead / Main Street – mini roundabout
All junctions were analyzed with the appropriate industry standard computerised modelling
software to determine their overall performance and a sensitivity test was requested on the
access junction to ensure that it would allow further development on the remainder of the local
plan allocation site (although an additional access directly onto the B751 would be likely). The
analysis indicated that all junctions would continue to operate satisfactorily after the
implementation of the proposed residential development. Furthermore the access junction
demonstrated that it would be able to accommodate the remainder of the local plan site in full
without the need for the likely secondary access (onto the B751).
Sustainable transport options
The surrounding road network is generally well catered for with existing footways and a new 2
metre footway will be constructed along the full frontage of the site. The development will be
well served by local amenities all of which are located within the maximum walking distance.
The development is also located within close walking distance of both the local train and bus
services with the developer agreeing to provide a 27 space overspill car park for Kilmaurs
Railway Station which should further encourage alternative sustainable travel.
Conclusion
The proposed development is considered acceptable on traffic and accessibility grounds subject
conditions requiring the developer to provide the appropriate traffic infrastructure as follows:1. A raised table crossroads access junction at Crofthead Road / Hillmoss complete with
gateway feature as indicated on the JMP drawing SCT3587//GL/001
2. A 2 metre footway along the site frontage on Crofthead Road
3. A 27 space overspill car park for Kilmaurs Railway Station located in the northwest corner of
the site with suitable access and egress arrangements.
4. Detailed design of the above features will be required prior to the issue of any Road
Construction Consent (RCC).
Matters 2 and 3 detailed above are already outlined on the submitted plan along with a
gateway feature the details of which can be addressed by planning condition if planning
permission is granted. Conditions can also be imposed relative to matters 2 and 3 to
ensure the appropriate timing of the footpath and overspill parking. In respect of matter
1 and the raised table crossroads this is now illustrated on the site layout following
discussion with the ARA, although details of the gateway feature can be addressed by
condition if Members decide to grant consent. It is also noted that a Construction Traffic
Management Plan (CTMP) is required and this matter can be addressed by planning
condition should Members choose to grant consent.
Flooding
The ARA has advised it has no objections subject to a condition to ensure that the detailed
design of the detention basin with supporting calculations to the specification outlined in Sewers
for Scotland 2 is submitted to and approved by the Planning Authority prior to any work
commencing on site.
This matter can be conditioned if Members decide to grant consent.
Internal Development Layout
Following detailed discussions with the applicant, the ARA has no objections subject to
conditions providing:-
1. The parking provision for the 4 bedroom dwellings is 3 no. spaces within curtilage. All
driveways should also be dimensioned and the applicant should demonstrate this by the use
of graphics for the curtilage parking.
2. The flow of surface water in the 1 in 200 year rainfall event should not be obstructed, clear
channels should be introduced with all traffic calming within the flood route.
These matters will be addressed by the ARA as part of the Roads Construction Consent
process.
15.
Kilmaurs Community Council advised it is opposed to this application for the following reasons:(i)
It is outwith the local plan for the village.
When the application was submitted it predated the current local plan and was outwith
the settlement boundary for Kilmaurs and therefore located within the Settlement
Protection Area. The East Ayrshire Local Plan 2010 (now the adopted local plan) was
undergoing the additional process and the local plan proposed this site as a housing
development opportunity site. The application was sisted during the local plan process.
Section 5 of this report provides further details on the relevant zoning of this site and the
local plan policies.
(ii)
The access and egress is unsatisfactory given there will be an estimated additional 140
vehicles using a road which barely meets existing standards.
The Ayrshire Roads Alliance has been consulted on this application and has not objected
from a traffic and access perspective. This application has had a Transport Statement
submitted by the applicant which has considered the capacity of the surrounding road
network.
(iii)
The parking around the railway station is already overflowing, without additional traffic
using the station and narrow bridge.
The Ayrshire Roads Alliance has been consulted on this application and has not objected
from a traffic and access perspective. This application has had a Transport Statement
submitted by the applicant which has considered the capacity of the surrounding road
network.
It is also noted that the development layout for this proposal proposes additional park
and ride parking spaces amounting to 27 spaces.
(iv)
The junction at Sunnyside onto the main street, which would be used by the commuters
from the new build, is to say the least unsatisfactory.
The Ayrshire Roads Alliance has been consulted on this application and has not objected
from a traffic and access perspective. This application has had a Transport Statement
submitted by the applicant which has considered the capacity of the surrounding road
network.
(v)
Before any new building in Kilmaurs the road and parking infrastructure must be
examined. Kilmaurs is still a village with narrow streets and any additional traffic both
private and construction will have a detrimental effect on the roads and the propel of
Kilmaurs.
The Ayrshire Roads Alliance has been consulted on this application and has not objected
from a traffic and access perspective. This application has had a Transport Statement
submitted by the applicant which has considered the capacity of the surrounding road
network.
(vi)
Given the developers total disregard for the authority of East Ayrshire (Marshall Gardens)
the Community Council trust that the Council will inform the applicant that no work will be
allowed on this site until sanctioned by the Planning Department.
This concern would not be a material consideration to refuse an application for planning
permission. As Members are aware the Planning Service’s Enforcement Officers would
be able to monitor this site in order to ensure that if planning permission is granted, any
pre-start conditions had been satisfied by the applicant and received the appropriate
written approval. Consequently all pre-commencement conditions will require to be
discharged prior to the commencement of the development.
16.
Scottish Water does not object to the application and makes comments relative to connection to
their water network. Scottish Water also point out that a totally separate drainage system will be
required for surface water discharging to a suitable outlet with Scottish Water supporting the
principle of a sustainable urban drainage system.
It is noted that the proposed development incorporates provision for SUDs. Any consent
that Members might choose to grant can also contain a condition ensuring that all
drainage is to the satisfaction of SEPA and Scottish Water.
17.
Transco has made no response to their consultation.
REPRESENTATIONS
18.
Both neighbour notification and public advertisement of the application was undertaken. Both
letters of objection and letters of support were received.
Letters of Objection
19.
Twenty (20) objections have been submitted objections to this application including Kilmaurs
Community Council whose points of objection are specifically detailed and responded to in
paragraph 15 above. The points of objection are outlined below:-
20.
The application site is outwith the Local Plan settlement boundary for Kilmaurs.
When the application was submitted it predated the current local plan and was outwith
the settlement boundary for Kilmaurs and therefore located within the Settlement
Protection Area. The East Ayrshire Local Plan 2010 (now the adopted local plan) was
undergoing the additional process and the local plan proposed this site as a housing
development opportunity site. The application was sisted during the local plan process.
Section 5 of this report provides further details on the relevant zoning of this site and the
local plan policies.
21.
The applicants should not have been allowed to apply for consent before the local plan re-zoning
process was concluded and the site was clearly marked for non-residential use.
The Planning Authority is unable to refuse to accept any such application and therefore
must determine an application against the Local Development Plan and other material
considerations.
22.
Unsatisfactory access and egress, the access proposed is not suitable to the amount of houses
proposed, there is on-street parking on Hillmoss and a low bridge leading onto Sunnyside, the
road network cannot support the extra volume of cars, traffic calming would be necessary which
would result in tailbacks and frustrated car users, parking at Sunnyside is already chaotic and
the traffic congestion that would result would be very difficult to ameliorate.
The Ayrshire Roads Alliance has been consulted on this application and has not objected
from a traffic and access perspective. A Transport Statement has been submitted by the
applicant which has considered the capacity of the surrounding road network.
23.
Are the buyers of these houses aware that houses are being built on the site of an old coal mine
and could be subject to subsidence.
The application site is not located within the areas which have been identified by the Coal
Authority as either low risk or high risk as a result of historic mining. This application
site lies outwith both areas and has not been identified as an area at risk by the Coal
Authority. In any case as Members will be aware from previous recent planning
applications, the Coal Authority has previously confirmed that the statutory responsibility
for dealing with the effects of ground destabilisation caused by disturbance of coal mine
entries or tunnels lies with them. For clarity, having regard to Circular 4/1998, which
provides guidance on the use of planning conditions, the imposition of conditions
requiring monitoring of the structural integrity of the adjoining dwellinghouses outwith
the development site would fail the tests set for planning conditions by the Government.
Such a condition would fail the first test "need" and the second test "relevance to
planning" as the issue can be dealt with under separate legislation which specifically
deals with the issue of ground stability.
24.
Works undertaken in 2006 at Carmel Meadows (Marshall Gardens) caused inconvenience for
residents – blocking driveways and with construction traffic arriving before 8am.
This concern relates to another development site. It would be a matter for any developer
if planning permission was granted to ensure that they adhered to any conditions relative
to the Construction Traffic Management Plan, which will incorporate hours of operation
on site and deliveries etc. Any breach of these conditions would be an enforcement
matter that would also be investigated by the Planning Service, and any action taken, as
appropriate.
25.
Residents have previously been assured that Crofthead Road would be upgraded with traffic
lights etc. before any work commenced.
The application has been fully assessed by the Ayrshire Roads Alliance in terms of
capacity of the surrounding road network, the proposed access and the internal
development layout. The ARA has no objections to the application subject to the
conditions detailed which do not require the installation of traffic lights.
26.
Have the emergency services (police, fire and ambulance) been alerted to the proposals noting
the traffic problems in Crofthead Road.
Responsibly for the consideration of traffic matters lies with the Ayrshire Roads Alliance
who have assessed traffic matters in a comprehensive manner both in terms of the
capacity of the surrounding road network, the access and also the internal development
layout. As detailed above, the ARA find the development to be acceptable.
27.
Whilst there are human rights, residents’ rights are being ignored.
Whilst noted, there has been no amplification from the objector in respect of how
residents' rights are being ignored. The site is now part of an overall development
opportunity site within the current local plan and the proposed layout can be
accommodated satisfactorily on site with the application in terms of amenity and there
are no objections relative to roads and drainage matters from the relevant statutory
consultees.
28.
A company with a land interest in the field adjacent to the proposals met the Council Roads
Service in 2006 to discuss traffic matters and thought they had a strategy agreed in principle.
The company advises that these proposals are completely at odds with what their perceived
strategy was as agreed.
Whilst noted there has been no application forthcoming for the remainder of the
development opportunity site and this current application requires to be assessed on its
individual merits. It is also noted that the Ayrshire Roads Alliance has however
considered this matter and noted that in the assessment of the Transport Statement, that
the proposed access junction would be able to accommodate further development (from
the remainder of this development opportunity allocation) without the need for the likely
secondary access directly onto the B751.
29.
There is no provision in the plans for park and ride provision.
As part of the negotiation process in the consideration of this application, a 27 car park
has been provided in the northeast corner of the site for the purposes of park and ride.
This corner of the site is in closest proximity to Kilmaurs railway station.
30.
Any indication of a link to the eastern future development site is inappropriate as the current
applicants have no land under their control and may never have so.
Whilst noted, the application site is part of a larger development opportunity site within
the current local plan. Any further development would be assessed at such time as an
application is submitted.
31.
The proposed houses are excessive in number and exceed the sensible allocated of proposed
new housing for a village of Kilmaurs both in nature and size.
This application site is now part of a designated development opportunity site in the local
plan and the number of units proposed has been identified as part of this process.
32.
The correct procedure has not been followed in notifying the proprietor of Towerhill Farm who is
a tenant of the land and has been for 30 years with the previous owners. The applicant does
not have vacant possession to develop this site.
The applicant has certified that there is no-one with an interest in this land other than the
applicant and that the land does not comprise an agricultural holding. Therefore the
applicant was not required under the planning legislation to undertake any further
"ownership" notification. Thereafter any ownership matters are a civil matter and not a
material planning consideration.
33.
The sewage system for Kilmaurs currently overflows raw sewage at Carmell Works and if this
development proceeds this would be exacerbated.
All drainage for this site will require to be to the satisfaction of both SEPA and Scottish
Water. Neither organisation has objected to this application as detailed within this report.
The foul water design requires to be designed and installed to Scottish Water standards
prior to adoption.
34.
With the above sewage problems there are also health and safety concerns. The objector has
queried what would happen if there was an outbreak of scarlet fever or even the plague with a
primary school so close by, has the safety of children from disease been considered.
All drainage for this site will require to be to the satisfaction of both SEPA and Scottish
Water. Neither organisation has objected to this application as detailed within this report.
Any public health matters would be addressed by the relevant organisations.
35.
The development will result in residents at 14 Crofthead Road having nowhere to park their car
at the entrance to their home which is on a road junction and the occupiers write that they believe
purchasers would not like this extremely busy junction of all their proposed houses outside their
home. Residents already living on Crofthead Road should be given the same respect.
Whilst noted there is no right to park a vehicle on the public road. Making potential
purchasers aware of the position of the access would be a matter for the developer.
36.
The mature tree opposite 8 Crofthead Road has a preservation order over it but this may not be
respected.
A mature tree is identified on the site layout plan and the plan indicates its retention. The
tree is covered by a Tree Preservation Order. Unauthorised works would become an
enforcement matter that would be dealt with by the Planning Service. Any proposed
works to this tree such as branch removal or felling etc. would require separate approval
from the Planning Service.
37.
Feature walls shown on the plans are not in-keeping with the area and existing Crofthead Road
properties and hedges should be retained.
Feature walls and entrance gateways are a fairly common design feature in modern
housing estates. In terms of roads matters the Ayrshire Roads Alliance has requested an
entrance feature as part of their consideration of traffic matters. It is not considered
inappropriate to ensure that a feature wall and entrance gateway is provided in this
instance.
38.
Already stretched village amenities would be further impacted on if additional houses are
constructed i.e. school, shops and doctors surgery.
East Ayrshire Council Education Service has been contacted in terms of school rolls and
has verbally confirmed that the current working capacity for this school year (which
varies year to year based on the age groups of children attending) is 366 pupils. The
current school roll is 232 pupils and it can therefore be deduced that there is sufficient
capacity for Kilmaurs Primary School to accommodate additional pupils.
The local convenience shops and business in Kilmaurs would generally be expected to
see a benefit arising from additional homes in the village as a result of increased trade
possibilities.
In terms of NHS provision, consultation on such matters will have taken place during the
local plan process.
39.
Two major housing developments in the village have affected the quality of life for residents in
Kilmaurs.
The objector has not expanded upon this concern citing reasons why the quality of life in
Kilmaurs has adversely affected residents. It is noted that whilst this application was
submitted prior to the designation of the site in the local plan, it is now a development
opportunity site and the principle of residential development is therefore considered to
be appropriate.
40.
There are not enough police resources to manage problems of traffic particularly the safety of
children walking to school.
The Ayrshire Roads Alliance (ARA) has considered the capacity of the surrounding road
network to accommodate traffic from this proposed development and the ARA has found
this to be acceptable.
41.
Will the primary school cope with the influx of new pupils as more pupils could affect class sizes
and put a strain on the building fabric and space at school. Scottish Government policy is to
reduce class sizes.
East Ayrshire Council Education Service has been consulted in terms of school rolls and
has verbally confirmed that the current working capacity for this school year (which
varies year to year based on the age groups of children attending) is 366 pupils. The
current school roll is 232 pupils and it can therefore be deduced that there is sufficient
capacity for Kilmaurs Primary School to accommodate additional pupils.
42.
Despite extensive and profitable development in the village absolutely no facilities are being
provided for children or indeed adults. This demonstrates a complete lack of interest in the
community by these companies. For example the Kilmaurs Tennis Club (at the time the
application was submitted) wrote to all companies requesting financial assistance to upgrade
their courts etc. and none was forthcoming. This shows no commitment to the community.
There is no obligation through the planning legislation for a developer to contribute
financially to local community groups and in this respect whilst this objection is noted, it
is not a material planning consideration. In respect of the development layout for this
site, the plans include a central play area for children and if planning consent is granted,
conditions would address the type of equipment to be provided on site. However there
is a programme of Developer Contributions within RES29 of the East Ayrshire Local Plan
which requires contributions from developers to benefit the local community.
Letters of support
43.
Two (2) letters of support have been received in relation to this application and these raise the
following matters:-
44.
Delighted to see the selection of homes for various needs as for far too long Kilmaurs has been
held back as no new and suitable houses have been built to encourage a fresh influx of people
given the average population is getting older. There should therefore be priority given to new
development to proceed.
45.
Congratulations are offered to all people responsible for this development as the supporter has
been looking for a bungalow for some time and could not find anything worth buying.
The above comments in support of the proposed development are noted. The proposed
layout does provide a range of housing options for this site as detailed above.
ASSESSMENT AGAINST DEVELOPMENT PLAN
Approved Ayrshire Joint Structure Plan
46.
There are, however, no specific policies in the Structure Plan with regard to the determination of
this application noting that the site lies within the settlement boundary of Kilmaurs.
47.
The application therefore shall be assessed against the Adopted East Ayrshire Local Plan.
Adopted East Ayrshire Local Plan (EALP) 2010
Strategic Policy RES1
48.
This policy states that the Council will encourage and support the residential development of
those Development Opportunity Sites identified for housing purposes on the individual local plan
maps. The sites identified will be specifically reserved for residential development at the
indicative capacities indicated, with development taking place in line with any phasing
programme as may be stipulated or agreed for the sites in question.
49.
The Council will particularly encourage and support the development of housing sites which
provide an appropriate and diverse range of housing types and tenures, catering for various
segments of the housing market and meeting a range of different housing needs. Mixed use
proposals, providing housing development along with other sympathetic associated
development, such as local retail units and leisure and recreational uses, will be particularly
supported by the Council, in appropriate locations.
The application site is reserved for residential development in the EALP as part of the
larger Site 305H with a capacity of 140 units. The local plan designation also specifies (i)
that the council will require any planning application to be accompanied by a Transport
Assessment identifying the development's transport effects and the sustainable
transport measures proposed to cater for the travel needs associated with the
development, (ii) that a park and ride facility for Kilmaurs Railway Station will be required
as part of any development on this site, with the details of this car park being agreed in
terms of size and location of this facility with the ARA, and (iii) that the Council will seek
to ensure delivery of the matters referred to in (i) and (ii) above by means of planning
conditions or legal agreement if a condition is not appropriate.
In terms of (i) above the applicant lodged a Transport Statement (TS) which was subject
to discussions with the ARA. The TS considered the existing circumstances, road
network capacity, and looked at how accessible the development would be from a vehicle,
pedestrian, cyclist and public transport perspective.
In terms of (ii) above the proposed development includes within the application site, a 27
space car park to provide for additional parking facilities for Kilmaurs Railway Station
which is less than 100 metres to the east of the entrance into the site. In terms of (iii)
above the timing for the provision of this car park can be addressed by condition noting
that it is located within the application site and therefore on land under the applicant’s
control.
The application is deemed to comply with Policy RES1.
Policy RES23
50.
The Council will require all housing developers to provide areas of recreational and amenity open
space as an integral part of their development proposals and ensure that the location of all such
areas is addressed as a primary consideration in the preparation of any housing layout design.
The precise type, size, location and design of the open space will, however, be dependent on
the extent of existing open space provision in the vicinity and the recreational and amenity needs
of the wider area.
Approximately 2700 square metres of public open space, is proposed which will be
located centrally within the application site. The format for the open space will include a
play area, open grassland and planting and an area for a SUDS basin. The required level
of open space due to be provided under the terms of this Policy is approximately 4000
square metres resulting therefore in an under-provision of some 1300 square metres.
Following detailed discussions with the applicant in terms of the design and layout of this
site, this under-provision has been considered acceptable noting that the site has been
designed to have a central area of public open space which is overlooked by the
residential dwellings and the design has been undertaken to ensure a quality frontage
along Crofthead Road with the proposed properties at this section of the site being turned
to face the main road, thereby limiting a “dead-frontage” along Crofthead Road and
significantly prospective house plots have been removed in order to secure a significant
area of additional parking spaces for commuters and travellers using Kilmaurs Railway
Station which will be provided without cost to the council and the local community.
Policy RES 26
51.
All developers of new housing developments should have regard to the private open space
guidelines in Schedule 5. These may be relaxed where the Council is satisfied that relaxation is
justified. The council guidelines state that for detached and semi-detached dwellinghouses, if
there are less than 4 bedrooms, there should be a minimum of 100sqm and for 4 or more
bedrooms there should be a minimum of 150 square metres.
There are 39 two and three bedroom properties proposed. A breakdown of the plots show
that 19 of the two and three bedroom units have less than 100 square metres of garden
ground. 20 of these units however are over the minimum requirement and 23 of these
units are over 110sqm.
There are 24 four and five bedroom properties proposed. Of these, 12 have less than the
guidelines state is required. However the remaining 12 properties are all in excess of the
guidelines stated 150 sqm and many are significantly so.
Therefore approximately 44% the plots do not meet with the Council’s private open space
guidelines which, in this typically suburban layout could indicate that the density of the
development is too high. Notwithstanding this, these arrangements are generally due to
the configuration of the site. Those units with smaller gardens may be more attractive to
the entry level of the market, but on the whole the site will cater for a range of budgets.
The layout as proposed is a mix of detached and semi-detached units in larger garden
grounds. The entire scheme has to be considered as an entity and overall the units with
smaller gardens do not detract from the proposal as a whole.
The proposed private open space is on balance considered to be acceptable and whilst
not strictly in accordance with the terms of this policy, it is also noted that the private
garden ground levels stated in the local plan are guidelines and therefore the proposed
development is not significantly contrary.
Policy RES 28
52.
In appropriate circumstances, the Council will expect housing developers to enter into Section
75 Agreements under the Town and Country Planning (Scotland) Act 1997. Such agreements
will be requested where:
(iii)
associated areas of open space and landscaping requires long term management and
maintenance; or
(iv) developer contributions are required to fund or provide additional or extended associated
services or facilities to meet the requirements of a specific development (See policy RES29
below); or
(v) existing community facilities and amenities, lost as a result of a proposed development,
require to be replaced.
In this case the application site is a development opportunity site which has been
allocated for residential purposes in the local plan. The landscaping provision and
maintenance can be addressed by a planning condition and the developer contribution
payment which is required under policy RES29 below can be addressed by Section 75
Agreement.
The application is considered to comply with Policy RES28.
Policy RES 29
53.
Where a development of 4 or more houses, will place additional demands on community facilities
or infrastructure that would necessitate new facilities or exacerbate deficiencies in existing
provision, the Council will require the developer to meet or contribute to the cost of providing or
improving such infrastructure or facilities.
For the purposes of the developer contribution policy, Kilmaurs falls within the Glasgow
Link Investment Corridor in the council’s Supplementary Planning Guidance.
This development is required to make the following contribution under Policy RES 29:Corridor wide contribution
£667 per unit
Admin Fee
£60 per unit
Total per unit
£727 per unit
£727 x 69 units
= £50,163
The applicant has intimated that they are willing to enter into a Legal agreement covering
this matter.
ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
54.
The principal material considerations relevant to the determination of this application are:
Scottish Planning Policy (SPP), Designing Streets/ Designing Places, the impact upon the
amenity of the area, the consultation responses received, letters of representation and planning
history.
Scottish Planning Policy (SPP)
55.
The Scottish Planning Policy was published in June 2014 and states that its purpose is to set
out national planning policies which reflect Scottish Ministers priorities for the operation of the
planning system, promoting consistency in the application of policy. The SPP states that the
development plan is the statutory basis for decision making and that the planning system should
take a positive approach to enabling high-quality development and making efficient use of land
to deliver long-term benefits for the public while protecting and enhancing natural and cultural
resources.
The proposed development proposes housing on a development opportunity site within
the adopted local plan which is promotes residential use. The site layout and range of
residential properties that are proposed are also in accordance with the development plan
and the scheme overall should deliver a high quality development which widens the range
of accommodation available in the village in accordance with the SPP.
Designing Streets/Designing Places
56.
These Scottish Government Policies are based on the premise that good street design and good
places should derive from an intelligent response to location, rather than the rigid application of
standards. Previously, street layouts were based on hierarchy of vehicular movement, but
‘Designing Streets’ takes into account site specific requirements and through this, a higher
sense of ‘place’ can be fostered, resulting in streets based less on how vehicles move through
them, and more of a community function, especially in residential areas. Designing Places looks
at how design can help with the social, economic and environmental goals of Scotland, focussing
on key qualities such as identity; safe and pleasant spaces; and ease of movement. The Council
has adopted Designing Streets as its main residential design guide until such time as new
guidance is in place.
Impact on Amenity
57.
It is considered that overall, a residential use at this site will not affect the surrounding area in
terms of amenity noting that the surrounding uses are primarily residential. The amenity of the
site itself is supported by a report on traffic, and this shows that traffic from the new properties
in planning consent is granted, can be accommodated on the surrounding road network. In terms
of privacy and overlooking there are no concerns that would warrant refusal of this application
and it is noted whilst the design is of a modern housing estate, the site is not within the traditional
conservation area of Kilmaurs. There are a variety of house-types and designs in the locale and
the design of the proposed development with an active frontage along Crofthead Road is to be
welcomed. Overall the internal site layout is appropriate noting the internal circulatory road, the
open area of public landscaping and play area which is to be overlooked by some residential
properties and the use of appropriate external finishes. The proposed layout also offers a range
of housing options and sizes of operates ranging from 2 bedroom properties to larger 5 bedroom
properties with a range of bungalows semi-detached and detached properties leading to an
increased range of properties available to residents and prospective residents of Kilmaurs.
Consultation Responses
58.
The consultation responses which have been received are noted within this report. Whilst
Kilmaurs Community Council has objected to the application it is not considered that the issues
raised warrant refusal of the application.
Representations
59.
The points raised in both the letters of objection and support have been previously noted in this
report. The letters of support are noted and it is considered that the points raised in the letters
of objection do not warrant refusal of this application.
Planning History
60.
There is no planning history for this application site that would be relevant to the determination
of this application.
FINANCIAL AND LEGAL IMPLICATIONS
61.
There are potential financial implications for the Council in coming to a view on this application
as, should the Planning Committee be minded to refuse the proposed residential development,
on a site allocated in the East Ayrshire Local Plan for residential development, on the principle
of the proposal, this could lead to an appeal by the applicant. Furthermore, if the Council is
considered to have acted unreasonably in refusing the proposed development, a claim for an
award of expenses could be made by the applicant.
62.
As stated above, should the Planning Committee refuse permission then it could result in an
appeal by the applicant to the Scottish Government Department for Planning and Environmental
Appeals (DPEA). The Council would require to participate in whatever procedure is considered
appropriate by the DPEA in order to put forward its case. This could be via further written
representation, hearing or inquiry sessions or a combination of these methods. This therefore
may also lead to further costs being incurred to the extent it may be necessary to either engage
expert external advice, support or representation and/or to engage professional expert witnesses
to give evidence on the Council’s behalf as necessary.
63.
Also as stated elsewhere within the report, if the Planning Committee is minded to approve
planning consent for this development certain matters should be addressed by Section 75 Legal
Agreement under the 1997 Act, or through conditions or other means as appropriate, (as referred
to throughout the report).
64.
In this regard Heads of Agreement under Section 75 of the 1997 Act, to be concluded prior to
the issue of consent, should comprise the following:
•
the provision of the sum of money representing the developer contribution per housing unit
referred to within paragraph 53 above and the timing for such payments.
65. Should the Planning Committee decide to grant consent, there is no requirement to refer this
application to the Scottish Government under Circular 3:2009 - ‘Notification of Planning
Applications’.
COMMUNITY PLAN
66. The proposed development accords with the “Improving the Environment” theme of the current
Community Plan as the proposal seeks to provide a range of housing accommodation which will
meet the needs of a changing population in a well-designed residential development which will
improve the local environment in Kilmaurs and help provide public benefit through an additional
park and ride facility.
CONCLUSIONS
67. Town and Country Planning (Scotland) Act 1997 as amended requires that applications be
determined in accordance with the Development Plan unless material considerations indicate
otherwise. As indicated in Section 5 of the report, the application is consistent with the provisions
of the Development Plan. The application site forms part of a larger site which is zoned for
residential purposes and the principle of the proposed development is appropriate. The detailed
design and site layout are also generally in accordance with the relevant policies and whilst there
is a reduced provision of private and public open space within the site in some respects, these
can be justified noting the council’s guidelines and the wider community benefit in the proposed
park and ride facility.
68. As indicated within this report, there are material considerations relevant to this application, and
these are generally supportive. Whilst the objection letters including the consultation response
from Kilmaurs Community Council outline the concerns with this proposal, the points raised are
not of sufficient weight to warrant refusing permission.
69. The proposal would result in a range of new housing units for Kilmaurs providing a wide range of
housing options and the proposed development will also significantly result in a major
improvement in park and ride facilities for the village with the provision of a 27 space car park
which is to be sited in close proximity to the access to Kilmaurs Railway Station.
RECOMMENDATION
70.
It is recommended that the application be approved subject to conditions indicated at
Appendix 1 of the report [but that the Decision Notice be withheld until an agreement in
terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended)
has been satisfactorily concluded by the Solicitor to the Council in relation to the matters
referred to within paragraph 63 of the Report.].
CONTRARY DECISION NOTE
71. Should the Committee agree that the application be refused contrary to the recommendation of
the Acting Head of Planning and Economic Development on the principle of the development the
application would require to be referred to Council as it would represent a significant departure
from Council policy.
David McDowall
Acting Head of Planning and Economic Development
19 February 2015 (MF/FGD)
Implementation Officer: Craig Iles, Acting Operations Manager
LIST OF BACKGROUND PAPERS
1.
2.
3.
4.
5.
Application Forms/Plans.
Statutory Letters/Certificates.
Consultation responses
Representations
Adopted East Ayrshire Local Plan.
6.
7.
8.
Scottish Planning Policy
Designing Streets
Circular 3/2009 “Notification of Planning Applications”.
Anyone wishing to inspect the above papers please contact Marion Fergusson, Senior Planning
Officer, on 01563 576769.
TP24
East Ayrshire Council
TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997
Application No: 06/0711/FL
Location
Tolbooth Grange
Crofthead Road
Kilmaurs
East Ayrshire
Nature of Proposal:
Proposed Erection Of 69 Private Dwellings
Name and Address of Applicant:
Hope Homes Scotland Ltd
Watson Terrace
Drongan
Ayr
KA6 7AB
Name and Address of Agent
N/A
Officer’s Ref: Marion Fergusson
01563 576769
The above application should be approved for the following reasons:
1. The developer shall secure the implementation of a programme of archaeological works in
accordance with a written scheme of investigation, which shall be submitted by the applicant, agreed
by the West of Scotland Archaeology Service, and approved by the Planning Authority, prior to any
further work being undertaken on site.
REASON: In order to best secure any archaeological remains on site.
2. Further to Condition 1 above, the developer shall ensure that the programme of archaeological works
is fully implemented and that all recording and recovery of archaeological resources within the
development site has undertaken to the written satisfaction of the Planning Authority in agreement with
the West of Scotland Archaeology Service.
REASON: In order to best secure any archaeological remains on site.
3. The detailed design of the detention basin with supporting calculations to the specifications required
in Sewers for Scotland 2, shall be submitted to and approved in writing by the Planning Authority before
any works commence on site.
REASON: In order for the Planning Authority to consider these aspects in detail.
4.The details approved under Condition 3 above shall be formed on site within a time scale to be agreed
writing with the Planning Authority before works commence on site.
REASON: In terms of adequate servicing of the site.
5.
Construction works shall be restricted to between 8am and 7pm Monday to Friday; between 8am
and 1pm on a Saturday and not at all on a Sunday, unless otherwise agreed in writing in advance with
the Planning Authority.
REASON: In terms of the protection of residential amenity.
6.
All drainage shall be completed as follows:-
(a) surface water from the site shall be treated in accordance with the principles of the Sustainable
Urban Drainage Systems (SUDS) Manual published by CIRIA in March 2007/Sewers for Scotland 2,
or by SEPA’s General Binding Rules (WAT-SG-12) for Surface Water Drainage. Full details of the
methods to be employed, following discussions with SEPA, and including where appropriate
calculations, along with details of how these measures will be maintained in perpetuity, shall be
submitted for approval in writing by this Planning Authority prior to the commencement of any works on
site;
(b) that the foul drainage arrangements for the site shall be to the satisfaction of the Planning Authority,
in consultation with SEPA and Scottish Water;
(c) that no part of any phase of the development shall be occupied until the Sustainable Urban Drainage
System (SUDS) to which that part of the development relates has been completed in accordance with
the submitted and approved plans;
REASON: In order to attenuate surface water in the site and in the interests of health and safety.
7. Notwithstanding the approved plans, a landscaping scheme (with full phasing details for the
implementation of the landscaping proposals) containing full landscaping details, including the species
and size of proposed trees and any hedging and a maintenance scheme, shall be submitted to and
approved in writing by the Planning Authority prior to the commencement of any works on site.
REASON: In terms of the proper planning of the site and the overall amenity of the surrounding area.
8. Further to the terms of Condition 7 above, the approved landscaping scheme shall be planted in
accordance with the phasing scheme and shall be maintained in accordance with the terms of Condition
9 below.
REASON: In terms of the proper planning of the site and the overall amenity of the surrounding area.
9.
All planting carried out on site shall be maintained by the developer in accordance with good
horticultural practice for a period of 5 years from the date of planting. Within that period any trees,
shrubs or plants which are dead, damaged, missing, diseased or fail to establish shall be replaced
annually.
REASON: In the interests of visual amenity and effective landscape management; to ensure that
adequate measures are put in place to protect the landscaping and planting in the long term.
10.
Notwithstanding the submitted plans, the external material finishes and colours are not
approved. Prior to any work commencing on site, details and samples of all external materials
(including colours) to be used in the construction of all residential units, boundary treatment, access
road and parking areas shall be submitted to and approved by the Planning Authority in writing prior to
the commencement of any development on site
REASON: In the interests of visual amenity, to ensure that the external finishing materials are
appropriate to the character of the area.
11. Further to condition 10 above, the developer shall ensure that the external material finishes as
approved are implemented on site, and maintained thereafter, notwithstanding any permitted
development rights conferred on householders under the Town and Country Planning (General
Permitted Development) (Scotland) Amendment Order 2011.
REASON: In the interests of visual amenity, to ensure that the external finishing materials are
appropriate to the character of the area.
12. For the period of construction works on site, all construction works traffic/machinery/equipment
shall be parked at all times within the application site unless with the prior written consent of the
Planning Authority.
REASON: In the interests of road safety and residential amenity.
13. Prior to any work commencing on site and notwithstanding the approved plans, details of all
boundary treatment (which shall include details of the entrance gateway and feature along Crofthead
Road) shall be submitted to and approved in writing by the Planning Authority. For the avoidance of
doubt the rear garden boundary treatment to plots nos. 37 and 43 inclusive shall be submitted under
the terms of this condition, and shall comprise boundary treatment which is appropriate to a street
frontage.
REASON: In the interests of residential amenity.
14. Further to condition 13 above, the developer shall ensure that all of the boundary treatments as
approved are implemented on site, and maintained thereafter, notwithstanding any permitted
development rights conferred on householders under the Town and Country Planning (General
Permitted Development) (Scotland) Amendment Order 2011.
REASON: In the interests of residential amenity.
15. The 27 space park and ride car park shall be constructed and completed on site in accordance with
the approved details prior to the occupation of the first dwellinghouse on site.
Reason: In the interests of the provision of appropriate parking facilities in the surrounding area.
16. Notwithstanding Condition 15 above, prior to any work commencing on site, details of a drainage
scheme for the park and ride car park and the north-eastern site boundary shall be submitted to and
approved in writing by the Planning Authority.
REASON: In terms of adequate servicing of the site.
17. Further to Condition 16 above, the park and ride car park shall be provided on site as per the
approved details and shall be maintained thereafter.
REASON: To ensure that works are undertaken on site in accordance with the approved plans.
18. The 2 metre wide footway along the frontage of the site with Crofthead Road shall be provided on
site in accordance with the approved plans and in accordance with a timescale to be submitted to and
approved in writing by the Planning Authority before any work commences on site.
REASON: In terms of adequate servicing of the site.
19. Further to Condition 18 above, the footway shall be provided on site as per the approved details
and shall be maintained thereafter.
REASON: To ensure that works are undertaken on site in accordance with the approved plans.
20. Tree protection measures in line with the practices in BS 5837: 2012, for the protection of trees
(including in particular the tree covered by Tree Preservation Order located at the northern-eastern site
boundary) during site works, shall be submitted to and approved in writing by the Planning Authority
before any work commences on site.
REASON: In the interests of the protected trees on site.
21.
The tree protection measures approved under the terms of Condition no. 9 above, shall be
provided on site for the entire duration of construction works.
REASON: In the interests of the protected trees on site.
22.
A detailed Construction Traffic Management Plan shall be submitted to and approved in writing
by the Planning Authority, in consultation with the Ayrshire Roads Alliance, prior to any work
commencing on site. The Traffic Management Plan shall include details of measures to be adopted for
all vehicular traffic during the entire construction period and shall include details of timings for deliveries.
REASON: In order to minimise the impact of vehicular traffic on the surrounding residential area.
23.
Further to the terms of Condition 22 above, the approved Construction Traffic Management Plan
shall be implemented as approved on site for the entire period of construction works unless with the
prior written consent of the Planning Authority.
REASON: In order to minimise the impact of vehicular traffic on the surrounding residential area.
23.
Notwithstanding the approved plans, details of the equipment, surfacing, boundary treatment
and layout of the proposed play area (and details for the maintenance of the play area) shall be
submitted to and approved in writing by the Planning Authority prior to any work commencing on site.
REASON: In order to ensure that appropriate play facilities are to be provided on site.
24.
Further to the terms of Condition 23 above, the approved play area shall be provided as
approved on site and shall be maintained thereafter in accordance with the approved details.
REASON: In order to ensure that appropriate play facilities are to be provided on site.
Advisory Notes
1.
Suitable dust suppression measures should be introduced where appropriate during the
construction phase.
2.
All waste arising from the works should be disposed of to the satisfaction of the Waste
Management Authority and otherwise than by burning.
3.
All surface water discharge to the water environment shall be in accordance with the principles
of Sewers for Scotland 2.
4.
The foul drainage from the site must be discharged to the public sewerage system. The applicant
should consult with Scottish Water in this regard.
Reason for the Decision
The application is a Development Opportunity Site for residential development in the Development
Plan and there are no material considerations which indicate that the application should be refused.