68 Loudoun Road, Newmilns

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 24 AUGUST 2018

17/0275/PP: ERECTION OF NURSING HOME INCLUDING CHANGE OF USE OF EXISTING DWELLING &

17/0276/CA: SUBSTANTIAL DEMOLITION IN A CONSERVATION AREA

BY: DIAMOND INVESTMENTS AT: 68 LOUDOUN ROAD NEWMILNS EAST AYRSHIRE KA16 9HF

Report by Head of Planning and Economic Development Economy and Skills

Click for Planning Application Details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=OOP8ZLGFIYW00

Click for Conservation Area Consent Application Details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=OOP907GFIZ 000

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT

1 The purpose of this report is to present for determination an application for planning permission which is to be considered by the Planning Committee under the Council’s Scheme of Delegation as it is subject to more than 10 objections, notwithstanding it is a Local Development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009.

2. The application is not a Major Development as defined within the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, nor is it considered to be significantly contrary to the development plan; nonetheless the appropriate route of determination should be by Planning Committee due to the number of objections that have been received.

RECOMMENDATION

3. It is recommended that the planning application 17/0275/PP be refused for the reasons listed on Appendix 1 to this report.

4. It is recommended that conservation area consent application 17/0276/CA be refused for the reasons listed on Appendix 2 to this report.

5. Should the Committee agree that the application be approved, contrary to the recommendation of the Head of Planning and Economic Development, the application will require to be notified to Scottish Ministers due to the objection from SEPA as a government agency.

CONTRARY DECISION NOTE

6. Should the Committee agree that the application be approved contrary to the recommendation of the Head of Planning and Economic Development the application would not require to be referred to Council as it would not represent a significant departure from Council policy. The proposal does not represent a significant departure from the Development Plan as the general principle of development is supported, subject to detailed assessment against various criteria. The proposal has been found to be unacceptable following this detailed assessment.

Michael Keane 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: 24 AUGUST 2018

17/0275/PP: ERECTION OF NURSING HOME INCLUDING CHANGE OF USE OF EXISTING DWELLING

17/0276/CA: SUBSTANTIAL DEMOLITION IN A CONSERVATION AREA

BY: DIAMOND INVESTMENTS AT: 68 LOUDOUN ROAD NEWMILNS EAST AYRSHIRE KA16 9HF

Report by Head of Planning and Economic Development Economy and Skills

PURPOSE OF REPORT

1. The purpose of this report is to present for determination an application for planning permission which is to be considered by the Planning Committee under the Council’s Scheme of Delegation as it is subject to more than 10 objections, notwithstanding it is a Local Development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009.

APPLICATION DETAILS

3. Site Description: The application site is an ‘L’ shape extending to approximately 2736 square metres located on the northern side of Loudoun Road, which is the main road running through Newmilns. The eastern part of the application site runs behind the rear gardens of residential terraced properties which front Loudoun Road. The western part of the site has frontage onto Loudoun Road and contains former dwellings fronting Loudoun Road, and a number of sheds, outbuildings and extensions to the rear.

4. The application site is identified as a residential development opportunity site (430H) with a recommended capacity of 10 units, under the provisions of the East Ayrshire Local Development Plan 2017. The site is located within the Newmilns Settlement Boundary and within the Loudoun Road, Newmilns Conservation Area.

5. Residential properties are located to the west, east and south of the application site. To the north of the site is steeply sloping rough grassland, shrubs and trees, with the residential properties of Loudoun Crescent, Clearmount Avenue and Darnleyhill Walk beyond. The land to the north of the application site slopes upward quite steeply

6. Proposed Development: The proposal is for planning permission for the erection of a 56 bedroom nursing home, including change of use of existing building. The development building will comprise a mix of single, two and three storeys. A total of seventeen (17) parking spaces and a turning area for commercial vehicles is provided on-site. A new vehicular access from Loudoun Road is proposed to replace the existing access.

7. The proposal also includes an application for Conservation Area Consent for the substantial demolition of existing sheds, outbuildings, and extensions as part of application ref no.17/0276/CA.

CONSULTATIONS AND ISSUES RAISED

PLANNING APPLICATION REF. 17/0275/PP – ERECTION OF NURSING HOME

8. East Ayrshire Council, Environmental Health Service (EHS) has no objections subject to the following conditions.

1. Noisy work on the site during construction should be restricted to 7am-7pm Monday to Friday, 8am -1pm on a Saturday, and no noisy work on a Sunday. 2. Noise from the works during construction should at no time cause the underlying background noise level (LA90(1hour) ) to rise by more than 3 dB(A) at the nearest noise sensitive location. 3. Suitable dust suppression measures should be introduced where appropriate during the construction phase. 4. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning. 5. All drainage should be completed to the satisfaction of SEPA and or Scottish Water. 6. The business should be registered as a food business with East Ayrshire Council at least 28 days prior to it commencing trade 7. The ventilation systems within the premises should comply with the recommendations of DEFRA Guidance Document “Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems”. This document is freely available on the internet. In addition the system should be interlocked with the gas

supply to cooking facilities to ensure that cooking can only be carried out when the ventilation system is in operation. 8. Artificial lighting on the exterior of the premises should be so designed as to prevent light spill into nearby properties

The above comments are noted and can be included as conditions or advisory notes should Members be minded to grant planning consent.

9. The Scottish Environment Protection Agency (SEPA) object to the proposal on the grounds that the proposed development may place buildings and persons at flood risk contrary to Scottish Planning Policy. SEPA have advised that:

“In the event that the planning authority proposes to grant planning permission contrary to this advice on flood risk, the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 provides criteria for the referral to the Scottish Ministers of such cases. You may therefore wish to consider if this proposal falls within the scope of this Direction.

Flood Risk

In summary we wish to receive clarification on the following points before we would consider removing our objection to the proposed development: · Confirmation that the principle of development has been established at this level of vulnerability; or · Revision of proposal to a lower vulnerability use.

We have previously commented on this proposed development, raised flooding concerns and requested the provision of further information or clarification to help verify that the proposal complies with the principle of Scottish Planning Policy (SPP). Additional information has now been submitted and we would make the following comments.

Correspondence has been received from the consultant indicating that the principle of development has been established for residential development and there is an extant planning permission for such development. If an extant permission for residential development exists then clearly this could still be progressed. However, the new proposal we are commenting on is for a care home and we believe given the change to a more vulnerable use it is appropriate to revisit the principle of development. Whilst the proposal represents a marginal reduction in building areas within the floodplain it is considered that given the increase in vulnerability this represents an increase in overall flood risk which is not something we can support.

We are therefore still concerned that this represents an increase in land use vulnerability which, as outlined previously, is not something we support. It is recommended that a lower vulnerability use is proposed and we note that an extant permission for residential development is available.

The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to East Ayrshire Council as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice in line with the phases of this legislation and can be downloaded from http://www.sepa.org.uk/environment/land/planning/guidance-andadvice-notes/.

Should the Council be minded to grant planning permission contrary to SEPA advice on flood risk, it should be noted that the application will require to be referred to Scottish Ministers under the Town & Country Planning (Notification of Applications) (Scotland) Direction 2009. This allows Scottish Ministers to consider whether to call in the application or clear it back to the Council to determine.

10. Ayrshire Roads Alliance (ARA) (Flooding) has advised that the proposed development is outwith the 1:1000 year inundation level and if the proposed emergency exit proposals are enforced, then ARA(Flooding) would have no further comments and the applicant is advised to update the FRA to take account of this information.

The comments provided by ARA (Flooding) were forwarded to the Agent for their action, however the Agent emailed advising that their involvement on this application has been suspended. The applicant was included in the email forwarded by the Agent, therefore the applicant was aware of the request from ARA (Flooding) and has not addressed this matter.

The above responses from SEPA and ARA(Flooding) are significant material considerations which should be given appropriate weight when considered against the development plan and other material considerations (in favour and opposing the application) as below.

11. Ayrshire Roads Alliance (ARA) (Traffic and Transport) has no objections to the proposal and have advised the following:

Accessibility and Sustainable Transport Options:

The development proposal is for a 56 bedroom three storey care home with 14 general parking bays, 2 accessible bays and a servicing bay provision. A new vehicular access from Loudoun Road is proposed to replace the two existing sub-standard vehicular accesses to the site.

The access onto Loudoun Road will be via a traditional priority junction. The visibility splays required for a junction of this type should be 2.5 m x 90 m. To achieve these splays a small build out would be required as indicated on the LPL Drawing: LPL

1517/SK/120 which incorporates 7.5 metre junction radii and a 6 metre wide access road. This layout would be considered acceptable.

A suitable dropped kerb arrangement will require to be provided at the proposed access and in addition each build out will require a bollard to be installed. Hatching will also require to be installed in accordance with the TSRGD. A section 56 application will be required for works associated with the build outs and must be approved before any work commences on site. The Section 56 should also investigate the need for additional drainage as a result of the build outs and any alterations proposed must be approved by Scottish Water. It is noted that there is an existing gully that will fall within the confines of the eastern build out.

The site has reasonable access for pedestrian and cycle trips and is conveniently located to be served by existing Bus Provision. The nearest train station is in Kilmarnock town centre which is served by Stagecoach Western Bus Service 1. The sustainability of the proposal for alternative forms of transport would therefore be considered acceptable.

At present there is an existing bus stop complete with bus bay marking, flag, sign and Kassel kerbs with standard corduroy and lozenge slabs. This will require to be relocated to a suitable position at the Applicants expense after consultation with SPT and the ARA and must be carried out in advance of any other works commencing on site.

Junction and Network Analysis:

Information with regard to Base Network Flows was gathered from traffic surveys carried out on 24th and 26th September 2015.

These figures were factored up to the design year using appropriate growth figures. Vehicle trip rates were extracted from the TRICS database and compared with those from a similar existing Nursing Home. A combination of these were utilised for analysis purposes to ensure a robust analysis. Trip distribution methodology was employed to ensure a worst case scenario was tested for analysis purposes and this approach would be considered satisfactory.

Junction analysis was carried out at the proposed site access junction and the existing Shields Road Junction with the use of Industry Standard Software.

The analysis indicates that both these junctions would continue to operate satisfactorily with all Care Home Trips considered.

Parking Provision and Servicing:

The Strathclyde Roads Development Guide currently used by ARA to determine suitable parking standards would suggest the need for 14 general parking spaces. A further 2 accessible spaces would be required. The layout proposed provides 14

general spaces and 2 accessible spaces. An additional service bay has also been provided within the proposed layout. This would be considered acceptable.

The Transport Assessment examined vehicle swept paths to ensure adequate servicing and refuse collection can be provided for larger vehicles that will then exit the car park in a forward gear. The servicing arrangements proposed would be considered satisfactory.

General Comments:

Whilst the internal parking will remain private there could be possible repercussions if the surface water is not adequately contained and flows onto the public road network. The application drawings make no mention of internal drainage proposals.

The section 56 drawings that will be submitted for the proposed access and build outs must indicate how the internal drainage will be considered and addressed to ensure that the proposals are adequate for the Site. All Scottish Water approvals likely to be required for any alterations proposed to the existing Scottish Water system must be submitted as part of the Section 56 Application.

Conclusions and Recommendations:

ARA has no objections to the proposed development subject to the attachment of the following conditions and/or advisory notes to any Consent issued. These will require to be provided in full by the applicant at their expense and implemented prior to opening unless further advice on the required timescales is provided below:

(i) The bus stop to be relocated must be agreed in full consultation with ARA and SPT and must be installed prior to the commencement of all other on site and Section 56 Works. (ii) The access junction will incorporate build outs and will require to be designed in accordance with the Drawing No: LPL 1517/SK/120 and take cognisance of all drainage implications. A section 56 application will be necessary. (iii) A suitable drop kerb arrangement will require to be provided at the access Junction. This should be indicated within the Section 56 drawings.

The comments are noted and can be included as conditions and/or advisory notes should Members be minded to grant consent.

In terms of sightlines for the access into and from the site, these have been marked on the application layout plans. These have not been incorporated into the red line application site noting the Planning Service’s adoption of the HoPS Guidelines for the validation of planning applications. The sightline details provided by the applicant show that the sightlines can be formed within the public road network.

Whilst it is now practice by the Planning Service to incorporated sightlines within the red line site with the appropriate neighbour notification, this has not been undertaken to date noting, as above, that the applicant’s agent is no longer acting for the applicant in respect of this matter and the applicant has not contacted this Service with a view to progressing the application.

12. Newmilns & Greenholm Community Council (N&GCC) objects to the proposal and make the following comments:

N&GCC express their disappointment that the communication regarding this proposal to the wrong person. In all cases, communications to the Community Council should be sent to their Secretary.

This matter was rectified at the time upon being made aware of the issue.

N&GCC wish to outline their concerns about this proposed Nursing Home. N&GCC are worried that this development is going to be built on a site that, at present, offers a safe route for children walking to school. N&GCC advise that there is a very narrow pavement in front of the old Gilmour’s Dairy on the very busy main road. It is safer for pedestrians to walk behind this building. What will be the footprint of this new building? Will there still be scope for people to have access behind it. Also, speaking of its footprint, this is a very small site. How do they propose to accommodate 59 bedrooms? This also prompts the question of parking. Where will staff and occupants leave their cars? This is a very busy main road and there have been incidents in the past where parked cars have been struck by oncoming traffic. However, N&GCC’s main concern is the number of bedrooms which has been suggested for such a small site. N&GCC worry that this will be a profit above care facility and the community council will have to be very reassured that this will not be the case.

The issues raised by the Newmilns & Greenholm Community Council are noted and have been addressed in detail below in the ‘Representations’ section of this report.

13. Scottish Water has not responded at time of writing this report.

APPLICATION REF NO. 17/0276/CA – SUBSTANTIAL DEMOLITION

14. Ayrshire Roads Alliance has no objections subject to conditions:

1. Prior to any work commencing on site the applicant must submit, and have written approval of, a Method Statement for the demolition. The Statement must include, but not be limited to, the method of demolition, including the removal of fencing and hedging etc, and the removal of any drainage or services, adjacent to, or under, the public road and footway. It must also include the methods of protecting the public road and footway from damage, and the steps to be taken to repair any damage attributable to the works should

the protection fail, and any reinstatements due to planned works in the public road and footway

2. Prior to any work commencing on site the applicant must submit, and have written approval of, a Traffic Management Plan(TMP). The TMP must include, but not be limited to, temporary signing on the A71 for the duration of the works, arrangements for the safe passage of pedestrians, management of any requirement for footway and road occupation, and acknowledge the requirement for Road Occupation and Temporary Traffic Signal permits where necessary.

The comments are noted and can be included as conditions should Members be minded to grant consent.

15. Historic Environment Scotland (HES) has advised that they have considered the information received and do not have any comments to make on the proposals. HES’ decision not to provide comments should not be taken as our support for the proposals. This application should be determined in accordance with national and local policy on listed building/conservation area consent, together with related policy guidance.

16. Scottish Civic Trust has not provided any comments at time of writing this report.

17. Architectural Heritage Society of Scotland has not provided an comments at time of writing this report.

REPRESENTATIONS

18. Planning Application Ref No 17/0275/PP was advertised in the Kilmarnock Standard on 05 May 2017 and 30 June 2017. Neighbour notification was undertaken on the 25 April 2017 and 26 June 2017. IDOX and Uniform have both been checked to verify representation numbers.

19. The application for Conservation Area Consent was advertised in the Kilmarnock Standard on 05 May 2018 and the Edinburgh Gazette on 05 May 2018.

Planning Application Ref No 17/0275/PP

20. Sixteen (16) representations (which includes a letter from the Newmilns & Greenholm Community Council) objecting to the proposal have been received following the neighbour notification of the planning application and public advertisement of these proposals. This has been verified both within Idox and Uniform; the back office systems of the Planning Register.

21. The matters raised are summarised and commented on below:

 Why was I not notified as per the previous application and after receiving a letter from the Council recently informing me that the application had been withdrawn. (9 Loudoun Road & 63 Loudoun Road)

Neighbour notification is the formal means by which people with an interest in neighbouring land or property adjacent to a site of proposed development are informed about a planning application which has been submitted. The requirements are set out in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.

The Council is required to notify those with an interest in "neighbouring land" of a planning application. Neighbouring land is defined as "an area or plot of land which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed".

Neighbour Notification for planning application ref no. 17/0275/PP was under taken on the 25 April 2017 and 26 June 2017, and adverts were placed in the Kilmarnock Standard on 05 May 2017 and 30 June 2017, and site notices were also erected.

It is noted that the property at 9 Loudoun Road is located approximately 100 metres from the red-line application site, whilst 63 Loudoun Road falls just outside the 20 metre notification buffer area, and therefore are not required to be neighbour notified.

The previous planning application ref no 16/0236/PP was withdrawn by the applicant and any party who submitted a representation at the time was notified that the application had been withdrawn. It is advised that the properties 9 and 63 Loudoun Road were not neighbour notified as part of the previous planning application 16/0236/PP as they were not required to be under the requirements are set out in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.

In order to make representation on a planning application, it is not only parties who are neighbour notified for an application. Any party can make representations on an application where there is a requirement to neighbour notify or advertise proposals.

 Parking – there does not appear to be sufficient on site for staff and visitors. The proposal does not comply with the guidelines set out in the National Roads Development Guide for care homes.

The Ayrshire Roads Alliance have advised that, the Strathclyde Roads Development Guide currently used by them to determine suitable parking standards recommends the need for 14 general parking spaces and a further 2 accessible spaces be required on site.

The most up to date plan submitted by the applicant shows the provision of 14 general car parking spaces and 2 accessible spaces. An additional service bay has also been provided within the proposed layout. Provision for bike stands is also provided on site.

The Ayrshire Roads Alliance has concluded that the parking provision for the proposed nursing homes development is acceptable.

 Loudoun Road is a main through road and is congested enough without further traffic parking in adjoining streets as the car park in Loudoun Road is already full most of the day. The side streets are all congested. The proposal will increase traffic congestion. Numerous accidents in the area due to congestion.

The Ayrshire Roads Alliance has not objected to the proposed development on road safety grounds.

 The nursing home should provide parking on site for staff, visitors and visiting doctors, ambulances etc. The proposal is grossly under provisioned for parking.

As noted above, the Ayrshire Roads Alliance has concluded that the parking provision for the proposed nursing homes development is acceptable.

 Sightlines are not good. Cars cannot park within the proposed sightlines so that they can be achieved. The sightline to the east of the site should be to the centre of the road. The footpath will have to be altered so that no cars park within the sightlines.

In regard to sight lines, the Ayrshire Roads Alliance has advised that the new access onto Loudoun Road will be via a traditional priority junction. The visibility splays required for a junction of this type should be 2.5 m x 90 m. To achieve these splays a small build-out would be required as indicated on the applicant’s submitted drawing: LPL 1517/SK/120 which incorporates 7.5 metre junction radii and a 6 metre wide access road. The Ayrshire Roads Alliance deems this layout to be acceptable.

The sightlines shown on the submitted drawing LPL 1517/SK/120 fall within the red-line application and within the pavement and do not cross over third party land.

If vehicles are able to park legally on Loudoun Road then there is nothing to prevent them from parking within the sightline parameters.

 Impact of the proposal on the shared boundary wall with 72 Loudoun Road. The shared boundary wall is the wall of the large byre. The applicant has assured that they intend to make no changes to this wall. The roof will be removed but the wall would remain intact. They have not confirmed this in writing. I would oppose the removal or reduction in height of this shared wall.

The plans submitted by the applicant indicate that the existing boundary wall will be retained.

 The building is totally out of keeping with the surrounding Loudoun Road Conservation Area and not in keeping with the surrounding area. The scale of the building is also of scale to the local environment.

It is agreed that, the overall scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area and this is discussed further, later in this report. The disjointed roof form, the scale and intensity of the development would be overbearing and fails to respect the character, appearance and prevailing pattern of development in the locality.

 Access from the site onto the A71 is a major problem with the traffic in the area.

As noted above, the Ayrshire Roads Alliance has assessed the application and has raised no objections in regard to access and road safety.

 Danger of collapse from the embankment to the north of the site. The removal of vegetation from the slope behind may affect the slope and its stability.

It is the responsibility of the owner of the application site to ensure that any development would not undermine the stability of a slope bordering an adjacent property. Matters to consider in respect of the structural design of the building and site ground conditions would be considered by Building Standards as part of any Building Warrant submission.

 The site offers a safe route for children walking to school as it is safer for pedestrians to walk behind the old dairy building. Will there be scope for people to have access behind the new building.

The plans submitted by the applicant do not show pedestrian access to the rear of the application site. The existing footpath along Loudoun Road is considered appropriate as a means of pedestrian movement.

 This is a small site, how do they propose to accommodate 59 bedrooms.

It is agreed that the proposed development represents an overdevelopment of the site and the overall scale and massing of the proposed development is excessive.

The design of the building and its visual impact would have a detrimental impact on the locale on this basis. This matter is discussed further, later in this report.

 Drainage and rainwater issues as a result of the development.

As advised above, SEPA and ARA (Flooding) have raised concerns in regard to flooding and drainage issues.

SEPA have advised that the proposal for a nursing home is a more vulnerable use and therefore the principle of this type development and its acceptability must be revisited. Given the increase in vulnerability this represents an increase in overall flood risk which SEPA cannot support, and therefore have provided a formal objection to the development.

The Ayrshire Roads Alliance (Flooding) have advised that the proposed development is outwith the 1:1000 year inundation level and that if the proposed emergency exit proposals are enforced, then ARA(Flooding) would have no further comments and the applicant is advised to update the FRA to take account of this information. The comments provided by ARA (Flooding) were forwarded to the Agent for their action, however the Agent emailed advising that their involvement on this application has been suspended. The applicant was included in the email forwarded by the Agent, therefore the applicant was aware of the request from ARA (Flooding) and has not addressed this matter.

The application drawings make no mention of internal drainage proposals. SEPA have advised that the applicant should deal directly with Scottish Water to ensure that the foul drainage from the site can be connected to the public sewerage system. In regard to surface water, SEPA have advised that they would expect the applicant to use sustainable drainage techniques to treat, collect and dispose of the surface water runoff from the site, and that if the treated water runoff is to be discharged to the water environment it should be compliant with the requirements of the Controlled Activity Regulations. SEPA have advised that issues relating to attenuation of the surface water arising at the site should be discussed with the local authority and/or Scottish Water. Should Members be minded to grant approval, a condition requiring the submission of drainage details for approval can be imposed on the development to ensure appropriate drainage is provided

 The surrounding tenements are not strongly founded and shake when large vehicles pass, the proposal will exacerbate this issue leading to structural failure.

Matters regarding the protection of adjoining properties are the responsibility of the land owner(s), and is a private legal matter. The structural design of the building and associated ground conditions for the development would be considered as part of any Building Warrant submission should the development be progressed.

 Wildlife impact of the proposal – deer are present. No wildlife survey has been undertaken and no consideration given to sustaining local biodiversity.

The application site is located within the Newmilns settlement boundary and contains numerous buildings and structures. There is no evidence of protected species on site.

 Flooding of the A71 and surrounding properties as a result of the proposed development.

As advised above, SEPA and ARA (Flooding) have raised concerns in regard to flooding and drainage issues.

SEPA have advised that the proposal for a nursing home is a more vulnerable use and therefore the principle of development must be revisited. Given the increase in vulnerability this represents an increase in overall flood risk which SEPA cannot support.

 Flood Evacuation Plan – is not realistic – using the north of the site. How do vehicles get up to Mair Street.

The Emergency Flood Plan submitted by the applicant advises that:

“Groundwater levels are to be monitored during site investigations and any necessary mitigation measures to be employed such as specialist foundation design, SUDs drainage or drains for springs. The residential home has been designed so that all floor levels, including in existing buildings are raised above the 1 in 200-year plus climate change level and all residential accommodation is above the highest 1 in 1000 flood risk event water level. The developed area within the floodplain would be reduced compared to the existing situation and therefore flood water displacement will be reduced compared to the existing situation. Cut-off drains are proposed along the north boundary of the site to prevent surface water flooding.

In the event of a major flood event limiting access via the main entrance, the following procedure should be adhered to; -Residents are to remain in-situ and care is to continue within the nursing home environment. -If a medical emergency occurs, a doctor/ medical services will be called to visit, and guided to the building via Loudoun Crescent. -If an emergency evacuation is required, this should be carried out up the hill to the rear of the building to Loudoun Crescent”.

The Ayrshire Roads Alliance advised that if the proposed emergency exit proposals are enforced then they would have no further comments in this regard. It is agreed however that carrying residents up the steep hill to the north of the application site during an emergency evacuation would be extremely difficult. The land to the north of the site is very steep and overgrown with vegetation and is not readily accessible.

 Shift patterns of staff does not or will not allow access to public transport, namely early morning or late evenings when no public transport is available.

It is acknowledged that public transport does not run 24 hours a day, 7 days per week past the application site and this may present complications for shift workers accessing the site. The site does have reasonable access for pedestrian and cycle trips and is conveniently located to be served by existing bus provision. The nearest train station is in Kilmarnock town centre which is served by Stagecoach Western Bus Service 1. Between Monday to Friday, the first Service 1 bus departs Kilmarnock at 4:51am and arrives in Newmilns at 5:13am, whilst the last bus departs Kilmarnock at 22:51 and arrives in Newmilns at 23:10pm. On Saturdays, the first bus departs Kilmarnock at 6:11am and arrives in Newmilns at 6:33am, whilst the last bus departs Kilmarnock at 22:51 and arrives in Newmilns at 23:10pm. On Sundays, the first bus departs Kilmarnock at 6:40am and arrives in Newmilns, at 7:01am, whilst the last bus departs Kilmarnock at 22:00 and arrives in Newmilns, at 22:21pm.

Overall, the sustainability of the proposal for alternative forms of transport would be considered acceptable in this instance.

 Bus stop directly outside the site would cause congestion at the exit and entrance of the development.

It is noted that at present there is an existing bus stop complete with bus bay marking, flag, sign and Kassel kerbs with standard corduroy and lozenge slabs. The Ayrshire Roads Alliance have advised that this bus stop will require to be relocated to a suitable position at the applicants expense after consultation with Strathclyde Passenger Transport (SPT) and ARA and shall be carried out in advance of any other works commencing on site.

 Can the entrance accommodate waste management vehicles and good vehicles would it allow safe entrance and access from emergency vehicles.

The Ayrshire Roads Alliance have advised that the Transport Assessment examined vehicle swept paths to ensure adequate servicing and refuse collection can be provided for larger vehicles that will then exit the car park in a forward gear.

The servicing arrangements proposed are deemed to be considered satisfactory.

 There is no need for a residential care home of this size in the current climate when homes are closing due to decreasing funding and spiralling costs.

This is not a material planning consideration.

 Is this a speculative build or is there an operator lined up.

This is not a material planning consideration.

 With regard to parking, there is a local care home with 63 beds, 89 staff and only 46 parking spaces, which is not enough according to staff.

As noted above, the most up to date plan submitted by the applicant shows the provision of 14 general car parking spaces and 2 accessible spaces. An additional service bay has also been provided within the proposed layout. Provision for bike stands is also provided on site.

The Ayrshire Roads Alliance has concluded that the parking provision for the proposed development is acceptable.

 There is a steep gradient between the disabled parking and the main entrance. It will be too steep for wheelchairs and will be unsafe for loading and unloading service vehicles.

It is noted that there is a gradient rising from the accessible parking spaces to the main entrance. The applicant will be required to ensure that access is compliant with all accessibility requirements as defined in the Building Regulations should the development be consented.

 No public toilets on the ground floor. Where are the toilets/showers for the staff in the kitchen and staff areas.

This is not a material planning consideration. Planning permission is separate from any other consents or permissions, such as Building Warrants, which may be required to operate lawfully. Any internal works within the existing building

will need to be undertaken to be compliant with all accessibility requirements, as noted above.

 The terraced open space area is a ‘joke’ containing ramps, water features. The top terrace has a level of 68.00 and the floor level is 65.00. There are columns in the middle of the ramps. There is an existing 4 metre high hedge to the south of this area and the area will not get a lot of sunlight.

The under-building terrace area would not provide quality open space due to lack of sunlight. The applicant amended the plans and revised the levels of the terraced area to a single level of 66.00 sloping down to the finished floor level of 65.00. It is acknowledged that the plans submitted by the applicant show building columns located within the ramp accessing the terraced area which would severely limit access, particularly wheelchair access. The combination of the steeply sloping land to the north, the vegetation along the southern boundary of the application site, and the building located above will ensure that the open space area will lack sunlight and will not represent an attractive and accommodating area of open space, to the detriment of the residents of the nursing home.

 Submitted plans contain errors including, omission of stairs, floor levels not matching up, doors and windows missing from elevations, windows not matching the plans, inconsistency with the proposed lift.

The matters were brought to the attention of the Agent and amended plans were submitted addressing the omissions and inconsistencies.

 Ground floor plan shows public open space behind a retaining wall.

The Agent has advised that the area of open space behind the retaining wall has been removed from their calculations.

 Surely it would be better if the floor were level on each floor rather than stepped, especially in regard to people with access issues.

The Agent has advised that the floor levels have been designed in such a way to limit the “over-dominance” of the building on the site as requested during discussion with EAC and to follow the landform where possible as per planning policy. Each floor level shows that it is accessible from the next by a central lift.

As noted above, planning permission is separate from any other consents or permissions, such as Building Warrants, which may be required to operate lawfully. Any internal works within the existing building will need to be undertaken to be compliant with all accessibility requirements.

 No ducts or grilles shown on the plans in regard to the kitchen area and bin store.

The Agent has amended the plans to note the kitchen extract through the existing wall opening and also noted on the plans that there will be an internal boiler flue.

Conservation Area Consent Application Ref No 17/0276/CA

22. This application was advertised in the Kilmarnock Standard and the Edinburgh Gazette on 05 May 2017. Applications for conservation area consent are not required to be neighbour notified. Idox and Uniform have both been checked to verify representation numbers.

23. No representations objecting to the demolition have been received following the public advertisement of this proposal. This has been verified both within Idox and Uniform; the back office systems of the Planning Register.

ASSESSMENT AGAINST DEVELOPMENT PLAN

24. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the East Ayrshire Local Development Plan (EALDP) which was adopted by the Council on 3 April 2017. On this basis, the policies relevant to general development are contained solely within the EALDP and it is these policies which are considered in detail below in relation to this application.

Overarching Policy OP1:

25. All development proposals will require to meet the following criteria in so far as they are relevant, or otherwise demonstrate how their contribution to sustainable development in the context of the subsequent relevant policies in the LDP and Scottish Planning Policy would outweigh any lack of consistency with the relevant criteria:

(i) Comply with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non- statutory guidance;

A nursing home development within a settlement boundary in principle accords with the principles of the LDP vision and strategy, in that such development would contribute to making: “East Ayrshire is a place with strong, safe and vibrant communities where everyone has a good quality of life and access to opportunities, choices and high quality services which are sustainable, accessible and meet people’s needs”.

The proposed development in this instance, however, fails to comply with all the relevant LDP policies, associated supplementary guidance and non-statutory guidance.

(ii) Be fully compatible with surrounding established uses and have no unacceptable impacts on the environmental quality of the area;

The proposed nursing home development is located within an existing residential area within the Newmilns settlement boundary and is considered to have a detrimental impact on the amenity of the surrounding established uses due to the overall bulk, scale and design of the proposed nursing home development.

The impact of flooding has the potential to unacceptably affect the environmental quality of the area and this is considered further under the consideration of Policy ENV11 below.

(iii) Ensure that the size, scale, layout, and design enhances the character and amenity of the area and creates a clear sense of place;

The proposed development will detract from the character and amenity of the area due to its excessive overall bulk, size and scale. The design of the proposed nursing home building will detract from the character and visual amenity of the locale, to the detriment of the Loudoun Road, Newmilns Conservation Area.

(iv) Where possible, reuse vacant previously developed land in preference to greenfield land;

The application site is not greenfield land but is a derelict site within the Newmilns settlement boundary.

(v) Be of the highest quality design by meeting with the provisions of SPP, the Scottish Government’s policy statement Designing Streets, the Council’s Design Guidance and any masterplan/design brief prepared for the site;

The design of the proposed nursing home building will detract from the character and visual amenity of the locale, to the detriment of the Loudoun Road, Newmilns Conservation Area.

Council’s Design Guidance for Listed Buildings and Buildings with Conservation Areas states that:

“Where a new build development is proposed within a Conservation Area, the proposed building will be required to reflect the character of adjoining buildings in terms of building line, height, massing, scale, choice of materials, colour, fenestration and solid/void proportions”.

It is deemed that the overall scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area. The disjointed roof form, the scale

and intensity of the development would be overbearing and fails to respect the character, appearance and prevailing pattern of development in the locality.

Scottish Planning Policy (SPP) is considered below.

(vi) Prepare Masterplans/Design Statements in line with Planning Advice Notes 83 and 68 respectively where requested by the Council and/or where this is set out as a requirement in Volume 2 of the LDP;

Not applicable in this instance.

(vii) Be compatible with, and where possible implement, projects shown on the LDP placemaking maps;

The Newmilns and Greenholm Placemaking Map and Action Programme was adopted in July 2018. The application site and surrounding terraced properties are identified as ‘Housing development/improvement opportunities’ where future new-build housing could be developed or areas of existing housing where the condition of the properties leads to significant consistent vacancies and negative visual impact.

The proposal in principle is compatible with the Newmilns and Greenholm Placemaking Map and Action Programme, however the overall design of the proposal is not deemed appropriate and represents overdevelopment of the site.

(viii) Ensure that there is no unacceptable loss of safeguarded areas of open space/green infrastructure and prime quality agricultural land;

There is no loss of any safeguarded areas of open space/green infrastructure arising from this proposal.

(ix) Protect and enhance natural and built heritage designations and link to and integrate with green infrastructure where possible;

The proposed development is not deemed to have a detrimental impact on any natural heritage designation, however it is deemed that the overall scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area. The disjointed roof form, the scale and intensity of the development would be overbearing onto Loudoun Road and the surrounding conservation area failing to respect the character, appearance and prevailing pattern of development in the locality.

(x) Ensure that there are no unacceptable impacts on the landscape character or tourism offer of the area.

The proposal will not adversely affect the surrounding landscape character and will not have an unacceptable impact on the tourism offering within the area.

(xi) Meet with the requirements of all relevant service providers and the Ayrshire Roads Alliance; and

The Ayrshire Roads Alliance (Traffic) section has confirmed that they have no objection to the proposal subject to conditions. The proposal fails to meet with the requirements of ARA(Flooding) and SEPA.

(xii) Be accessible to all.

Planning permission is separate from any other consents or permissions, such as Building Warrants, which may be required to operate lawfully. Any internal works within the existing building will need to be undertaken to be compliant with all accessibility requirements, as defined in the Building Regulations.

RES 1: New Housing Developments

The Council will encourage and support the residential development of: (i) Housing Development Opportunity Sites identified for housing purposes on the LDP maps. Indicative capacities are provided for each housing site within Volume 2 of the plan. Ancillary, associated uses such as small scale retail for day to day purchases and leisure, recreational and community facilities at a neighbourhood scale will also be supported in appropriate locations within new housing developments where they meet with all relevant LDP policies; and (ii) Gap, infill or other redevelopment sites within settlement boundaries where they meet with all other LDP policies and requirements. All new residential developments must contribute positively to the principles of good placemaking as set out in overarching policy OP1, the placemaking section of the LDP and the Council’s Design Guidance. Master plans/design statements will be required for those sites as indicated in Volume 2 of the LDP. Similarly, all new housing proposals will require to meet with the requirements of policy OP2 by implementing the mitigation measures set out in the Environmental Report accompanying this LDP. Residential developments will require to meet with the Public and Private Open Space Standards set out in Schedule 8 of the LDP. Future housing growth areas indicate where future housing sites are likely to be identified for the period 2025-2035. These will be the subject of future detailed assessment and formal designations will be finalised in future reviews of the LDP.

The proposal offers an opportunity to improve the physical appearance of the site as it currently appears through the removal of derelict buildings and sheds from vacant land and re-enforcement of the historic building line.

However, the current design solution also presents a potential risk to amenity and placemaking through over development of the site, due to the scale, layout and design of the building proposed.

The proposal is contrary to Policy RES 1.

Policy RES 11: Residential Amenity

26. The Council will, at all times, seek to protect, preserve and enhance the residential character and amenity of existing residential areas. In this regard, there will be a general presumption against:

(i) the establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents;

(ii) the development for other uses, of locally important areas of recreational or amenity open space which contribute significantly to the character and appearance of the residential area concerned, or which offer opportunities for outdoor sport and recreation;

(iii) the removal of play equipment from areas of recreational open space;

(iv) the closure or disruption of existing footpaths which provide important links between housing areas and areas of public open space, local shops and other community facilities, transportation nodes etc.;

(v) With regard to the establishment of new residential areas, new housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents.

In assessing this planning application, it is required to be considered whether there would be significant adverse impacts on residential amenity.

The proposed development is deemed to represent overdevelopment of the subject site that would have a detrimental impact on the amenity of neighbouring residential properties. The scale and massing of the proposed nursing home building would lead to unacceptable levels of overlooking to the properties at Nos.60-66 Loudoun Road.

The relatively close proximity of the proposed part three storey, part two storey building of substantial length to the side and rear boundaries of the residential properties which front Loudoun Road will have an overbearing and detrimental impact on the amenity and outlook of the residents of those properties.

The proposed nursing home building will essentially extend the full length of the application site, approximately 79 metres. The building will be setback between 4.7 metres to 6.2 metres from the rear boundaries of the residential properties Nos. 60-66 Loudoun Road, and between 5.0 metres to 6.1 metres from the side boundary with the residential property No. 66 Loudoun Road.

At ground floor level on the eastern elevation of the proposed nursing home building facing the rear garden of No.66 Loudoun Road there will be a large dining/sitting room window, a nurse station room window, a manager’s office room window and a waiting area room window. At first floor level on the eastern elevation of the proposed nursing home building facing the rear garden of No.66 Loudoun Road there will be 2 bedroom windows, an en-suite window, an assisted bathroom window and a large void area window.

At ground floor level on the southern elevation of the proposed nursing home building facing the rear gardens of Nos.60-66 Loudoun Road there will be 3 day room windows. At first floor level on the southern elevation of the proposed nursing home building facing the rear gardens of Nos.60-66 Loudoun Road there will be 8 bedroom windows, 6 ensuite/bathroom windows, and 2 floor to ceiling corridor windows. At third floor level on the southern elevation of the proposed nursing home building facing the rear gardens of No.60-66 Loudoun Road there will be 2 bedroom windows, 2 ensuite/bathroom windows and 2 floor to ceiling corridor windows.

As a result of the above, it is deemed that there will be significant overlooking into the rear gardens of the adjacent residential properties at Nos 60-66 Loudoun Road that were previously remote from any overlooking. The character and outlook of those residential properties at Nos. 60-66 Loudoun Road (which are 2 storey in height) will be significantly altered by the presence of a part three and part two storey nursing home building with an overall length of approximately 79 metres which is also built at a higher ground level. The design, bulk and scale of the proposed nursing home building would create a prominent and overbearing structure that will have a detrimental impact on the amenity of the properties at Nos.60-66 Loudoun Road, particularly in regard to loss of privacy and overlooking.

It is noted that there is existing hedging and vegetation located along the rear boundaries of the properties No. 60-66 Loudoun Road, particularly to the rear of Nos.66 & 64 Loudoun Road. Whilst the existing vegetation (when in leaf) may be a positive asset in screening the proposed development or preventing overlooking of neighbouring properties, it should not be relied upon to provide a permanent feature that will assist in reducing overlooking of adjoining properties all year round. The existing hedging will not prevent overlooking from the upper floor of the proposed development into the rear gardens of the properties Nos 60-66 Loudoun Road.

At the western side of the application site the proposed nursing home building will be sited approximately 8.5 metres from the dwellinghouse at No.72 Loudoun Road and the only windows which directly overlook the rear garden of the property at No.72 Loudoun Road is a stairwell window located on the western side elevation of the proposed nursing homes building. The other windows located on the western elevation of the proposed nursing home building (the main entrance elevation) are sited approximately 26 metres from the boundary with the property at No.72 Loudoun Road and are not deemed to have a detrimental impact in regard to privacy and overlooking. It is noted that a large 2 storey shed is currently sited close to the property at No.72 Loudoun Road and this shed is proposed to be demolished to accommodate the proposed development.

Overall, the proposed development is deemed to have a detrimental impact on the amenity of the adjoining residential properties.

Policy INF 2: Installation of Next Generation Broadband for New Development

27. Developers of new residential or business and industrial developments will be required to install the necessary infrastructure to enable all new premises to be connected to the existing fibre optic network, where available in East Ayrshire, and in accordance with the relevant telecommunications provider’s standards. Developers will be required to ensure that all new premises have a full fibre connection to the network ensuring that next generation broadband speeds of 100 Megabytes per second and above can be provided. Developers are encouraged to have early discussions with the relevant telecommunications provider when formulating their development proposals.

This matter can be addressed by condition in any consent that Members choose to grant.

Policy INF 4:Green Infrastructure.

28. The Council will require development to take a design led approach to delivering green infrastructure. Opportunities for green infrastructure delivery should be incorporated as an integral part of the design of developments to enhance and link to existing open spaces/green infrastructure and create new green infrastructure assets as appropriate. The Council will require new development to meet with the public and private open space standards set out in Schedule 8 and the provisions of the Council’s Design Guidance. The provision of open space/green infrastructure should be a core component of any Master Plan.

In regard to the provision of private and public open space, refer to Schedule 8 as discussed further below.

Policy T1: Transport requirements for new development

29. The Council will require developers to ensure that their proposals meet with all the requisite standards of the Ayrshire Roads Alliance and align with the Regional and Local Transport Strategies. Developments which do not meet these standards will not be considered acceptable and will not receive Council support. All new development will require to fully embrace active travel by incorporating new, and providing links to existing footpaths, cycle routes and public transport routes. Developments which maximise the extent to which travel demands are met first through walking, then cycling, then public transport and finally through the use of private cars will be particularly supported. Where considered appropriate, developers will be requested to enter into Section 75 Obligations with the Council with regard to making financial contributions towards the provision of transportation infrastructure improvements and/or public transport services which may be required as a result of their development.

The Ayrshire Roads Alliance has no objections to the proposed development subject to the attachment of the following conditions and/or advisory notes to any consent issued, should Members be minded to grant the application. These will require to be provided in full by the applicant at their expense and implemented prior to opening unless further advice on the required timescales is provided below:

The site does have reasonable access for pedestrian and cycle trips and is conveniently located to be served by existing bus provision. The nearest train station is in Kilmarnock town centre which is served by Stagecoach Western Bus Service 1. Between Monday to Friday, the first Service 1 bus departs Kilmarnock at 4:51am and arrives in Newmilns at 5:13am, whilst the last bus departs Kilmarnock at 22:51 and arrives in Newmilns at 23:10pm. On Saturdays, the first bus departs Kilmarnock at 6:11am and arrives in Newmilns at 6:33am, whilst the last bus departs Kilmarnock at 22:51 and arrives in Newmilns at 23:10pm. On Sundays, the first bus departs Kilmarnock at 6:40am and arrives in Newmilns at 7:01am, whilst the last bus departs Kilmarnock at 22:00 and arrives in Newmilns at 22:21pm.

Overall, the sustainability of the proposal for alternative forms of transport would be considered acceptable.

Policy ENV3: Conservation Areas

30. Development or demolition within a conservation area or affecting its setting, shall preserve and enhance its character and be consistent with any relevant conservation area appraisal or management plan. Any development should be sympathetic to the area in terms of its layout, size, scale, design, siting, material and colour and should seek to enhance the architectural and historic qualities of the area.

Where a building contributes positively to the character of a conservation area, its proposed demolition should be assessed against the criteria contained in ENV1. Where it does not contribute to the character, demolition will be supported where a high quality redevelopment or, in exceptional circumstances, a landscaping scheme is proposed as a replacement.

The overall scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area. The disjointed roof form, the scale and intensity of the development would be overbearing and fails to respect the character, appearance and prevailing pattern of development in the locality.

The terraced residential buildings located to the east of the application site are generally of two storey height finished in red sandstone with natural slate roof, whilst to the west of the application site the dwellings are primarily detached single storey with dormers finished in red sandstone and natural slate roofs. The proposed building would be large and prominent and would be out of place at this location, given its overall size, bulk and scale.

It is recognised that the full extent of the eastern part of the building would not be readily visible from the Loudoun Road frontage, however the proposal will be able to be viewed from certain aspects within the public domain, particularly from the west and from the neighbouring and nearby properties.

The combination of three and two storey elements, coupled with the length of the proposed building would create a prominent, over dominant and overbearing structure that will be of detriment to the character and visual amenity of the streetscene. Whilst providing an active frontage, the design of the overall proposal would create a disjointed and overly bulky building from certain viewpoints which would fail to protect the setting of the conservation area.

The proposal would not integrate well with its surroundings and would have an overbearing relationship to the adjoining and nearby residential properties, to the detriment of the architectural and historic qualities of the conservation area.

In regard to planning application ref no. 17/0276/CA for demolition, whilst the proposed buildings identified for demolition do not overly contribute to the character of the conservation area, the proposal for demolition has not been accompanied with a high quality redevelopment proposal that can be supported, therefore both the planning application Ref No. 17/0275/PP and the Conservation Area Consent application Ref No. 17/0276/CA conflicts with Policy ENV 3.

Policy ENV9: Trees, Woodland and Forestry

31. The Council will support the retention of individual trees, hedgerows and woodlands within both settlements and rural areas, where such trees contribute to the amenity, nature conservation and landscape value of the area. There will be a presumption against the felling of ancient semi-natural woodlands and trees protected by Preservation Orders. The Council will support proposals for woodland and forestry expansion where they: (i) are consistent with the Ayrshire and Arran Forestry and Woodland Strategy and contribute to Ayrshire’s green network; (ii) take account of the landscape and ecological qualities of the area; (iii) demonstrate that recreational opportunities have been fully considered; Proposals that involve the removal of woodland will only be supported where it would achieve significant and clearly defined public benefits and is in line with the Scottish Government’s Control of Woodland Policy. Where removal can be fully justified, compensatory planting will be required to the satisfaction of the Council and Forestry Commission Scotland and in line with the provisions of the Ayrshire and Arran Forestry & Woodland Strategy which forms Supplementary Guidance to this LDP. Non statutory guidance in the form of The Ayrshire and Arran Forestry and Woodland Strategy supports policy ENV 9 by providing detailed guidance on the most appropriate tree species and locations for woodland removal and creation.

The application site accommodates a number of self-seeded trees, conifers and small trees/shrubs, which are overgrown and generally un-tended. Overall they do not contribute to the environmental quality of the area and do not contribute to the character of the conservation area.

If Members considered it appropriate to grant consent, planning conditions could seek suitable landscaping to be incorporated within the site.

Policy ENV 11 – Flood Prevention

32. The Council will take a precautionary approach to flood risk from all sources and will promote flood avoidance in the first instance. Flood storage and conveying capacity will be protected and development will be directed away from functional flood plains and undeveloped areas of medium to high flood risk.

The Council will identify and protect existing land uses that provide or have the potential to provide natural flood management. The Council will also encourage new flood management measures, including flood protection schemes, restoring natural features, enhancing flood storage capacity and avoiding the construction of new culverts and the opening of existing culverts. The Flood Risk Framework contained in SPP, summarised in table 7 below and outlined fully in Schedule 7, will be used in the assessment of development proposals. This sets out the type of development that will be appropriate in each category of flood risk and indicates where Flood Risk Assessments are likely to be required. The flood risk categories are shown on SEPA’s flood maps. All FRAs will require to be carried out to the satisfaction of SEPA.

The proposal is located within an area at risk of flooding and could increase the probability of flooding elsewhere in the locale and may also place buildings and persons at flood risk, therefore not meeting the precautionary approach of avoidance in the first instance.

SEPA have advised that the proposal for a nursing home is a more vulnerable use and therefore the principle of this type of residential development must be revisited. Given the increase in vulnerability, this represents an increase in overall flood risk which SEPA cannot support.

In taking account the comments from SEPA and ARA, the proposed nursing home development is considered to be contrary to Policy ENV11.

Schedule 8 – Public and Private Open Space

33. In respect of a nursing home, the residential private open space standards are 15 square metres per bed space. Therefore the proposal requires 840 square metres of private open space.

The proposal as it stands provides 985 square metres of open space on the site, of this 836 square metres is proposed as private garden ground and the remainder is amenity open space.

A key policy requirement for the provision of Green Infrastructure is that it should be incorporated as an integral part of the design. The current design has been informed by the need to provide a Minimum Quantitative Standard for Residential Private Open Space of 840 square metres (15 square metres x 56 bedrooms) as required for Nursing Homes. Despite the insignificant shortfall in provision of 4 square metres, the current proposal identifies an acceptable quantity of open space to achieve the private garden ground requirement.

The open space standard also requires a qualitative, as well as quantitative, assessment of the space being proposed. It is felt that the private open space provided will not provide the sense of place required by Policy INF4 when judged against the 6 SG placemaking criteria. In particular, concerns regarding whether an ‘undercroft’ style garden space would be welcoming or pleasant are raised. It is considered that the open space area located below the building would present a dark unpleasant area that would receive little sunlight and would not represent a welcoming pleasant amenity space to the detriment of the residents.

In accordance with INF 4: Green Infrastructure, a further open space requirement for both amenity and recreational green infrastructure for residential developments is sought. However, in this instance, as the open space standards are applied on a per housing/household unit basis, these standards are not applicable to a nursing home.

Notwithstanding the space standards of INF 4, open space should be provided to such an extent that visual amenity is achieved appropriate to the immediate setting of the proposal, and being cognisant to the requirements of ENV 3 regarding design.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

34. The principal material considerations relevant to the determination of this application are: Scottish Planning Policy (SPP), Historic Environment Scotland policy and guidance, planning history, consultation responses and letters of representation.

Planning History

35. The following applications relate to the planning history for the site:

07/0667/FL - Proposed housing development to form 10 dwellings incorporating conversion of existing barn and facade retention to previous workshop – Approved with Conditions.

13/0120/PP - Further application so as not to comply with standard condition A of planning permission 07/0667/FL – Application returned.

13/0175/PP - Renewal of Planning Application ref. no. 07/0667/FL – Approved with Conditions.

The decision notice for this application was dated 29 July 2014 and would appear to have lapsed on 28 July 2017. A number of pre-commencement conditions imposed on the development have not been discharged and therefore development is not deemed to have commenced and therefore this consent has lapsed.

16/0235/CA - Substantial Demolition – Withdrawn

16/0236/PP - Erection of nursing home including change of use of existing dwellinghouse – Withdrawn by the applicant’s agent.

Consultation Responses

36. The Newmilns & Greenholm Community Council have raised a number of concerns regarding this proposal and the matters raised have been addressed in detail within this report.

37. Two key consultation responses from SEPA and the Council’s Roads Flooding section as the Flood Prevention Authority have also been outlined earlier in this report.

38. SEPA have advised that the proposal for a nursing home is a more vulnerable use and therefore the principle of development must be revisited. Given the increase in vulnerability this represents an increase in overall flood risk which SEPA cannot support.

39. The Ayrshire Roads Alliance (Flooding) have advised that the proposed development is outwith the 1:1000 year inundation level and that if the proposed emergency exit proposals are enforced, then ARA(Flooding) would have no further comments and the applicant is advised to update the FRA to take account of this information. The comments provided by ARA (Flooding) were forwarded to the Agent for their action, however the Agent emailed advising that their involvement on this application has been suspended. The applicant was included in the email forwarded by the Agent, therefore the applicant was aware of the request from ARA (Flooding) and has not addressed this matter.

Representations

40. Sixteen (16) representations (which includes a letter from the Newmilns & Greenholm Community Council) objecting to the proposal have been received following the neighbour notification and public advertisement of these proposals. This has been verified both within Idox and Uniform; the back office systems of the Planning Register.

41. These representations raised issues material to the application, on parking, design, impact on amenity, flooding, impact on the conservation area, and it is considered these carry a certain degree of weight in the decision making process.

Impact on the amenity of the area.

42. The relatively close proximity of the proposed part three storey, part two storey building of substantial length to the side and rear boundaries of the residential properties which front Loudoun Road will have an overbearing and detrimental impact on the amenity and outlook of the residents of those properties. The Loudoun Road properties are two storey properties and the proposed nursing home would be over dominant to these established properties to their detriment in terms of amenity.

43. The overall scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area. The disjointed roof form, the scale and intensity of the development would be overbearing and fails to respect the character, appearance and prevailing pattern of development in the locality.

44. The proposed building would be large and prominent and would be out of place at this location, given its overall size, bulk and scale. The combination of three and two storey elements, coupled with the length of the proposed building would create a prominent and overbearing structure that will be of detriment to the character and visual amenity of the streetscene. Whilst providing an active frontage, the design of the overall proposal would create a disjointed and overly bulky building from certain viewpoints which would fail to protect the setting of the conservation area.

45. The proposal would not integrate well with its surroundings and would have an overbearing relationship to the adjoining and nearby residential properties, to the detriment of the architectural and historic qualities of the conservation area.

Supporting Information

46. The Applicant has submitted information to support this planning application in the form of a Design, Access and Planning Statement, Flood Risk Assessment, Emergency Flood Plan, and Transport Statement.

In regard to flooding and in response to the concerns raised by SEPA, the Agent advised in correspondence dated 14 November 2017 that,

“… the principle of development has been established as the site falls within the development limit in East Ayrshire Local Plan and is zoned for residential development. It has an extant full planning approval for housing on the site, including development within the predicted floodplain”.

the footprint of the proposed development, below the recommended level of 64.5m OD, is smaller than the existing footprint lying below this level. Therefore, the displacement of flood waters would be less than in the existing situation, reducing the flood risk to buildings and persons with development.

The SEPA guidance draws upon their more comprehensive “Planning Background Paper: Flood Risk” re-issued on 1st August 2017. In its section on “Redevelopment of Sites” from DM.29 onward, it speaks of reducing potential risk caused by development proposals. At paragraph DM30, as I read it, the paper envisages situations precisely like those proposed in the current application:

A holistic approach should be taken to reducing overall flood risk as far as possible. This could include flood resilient design and/or reducing existing risk to adjacent properties.

We argue that both limbs of that provision are satisfied. The design is flood resilient. The reduced building footprints reduce the risk from displacement of flood waters into adjacent properties.

Development Plan

The application site falls within the development limit in the East Ayrshire Local Plan and the Loudoun Road Conservation area and is zoned for residential development. The 3rd bullet point in Table 2 of the SEPA guidance says that development on an identified flood risk area can be acceptable in the following circumstances:

Where the principle of development on the site has been established in an up-to- date, adopted development plan or the National Planning Framework and flood risk issues were given due consideration as part of the plan preparation process and our assessment of risk has not changed in the interim.”

An email was received by this office from East Ayrshire Development Management team on 21st March 2017 advising “that the general principle of a nursing home on the application site could be looked at favourably given its location within the Newmilns settlement boundary under the current Local Plan, and its designation as a residential development (430H) under the Proposed Local Development Plan”.

Even though it is only necessary to satisfy one, we believe that both limbs of the SEPA test for exception from the normal caution about building on at risk areas are satisfied. We respectfully suggest that SEPA withdraw its objection as we have provided detailed site specific factors, which identify how the risk of flooding to buildings and persons has been reduced to an acceptable level, and how the proposals in this application are compliant with SEPA’s own published guidance”.

In response to the above comments from the Agent, SEPA advised that they maintain their objection on the grounds that the proposed development may place buildings and persons at flood risk contrary to Scottish Planning Policy.

SEPA advised that,

“Correspondence has been received from the consultant indicating that the principle of development has been established for residential development and there is an extant planning permission for such development. If an extant permission for residential development exists then clearly this could still be progressed. However, the new proposal we are commenting on is for a care home and we believe given the change to a more vulnerable use it is appropriate to revisit the principle of development. Whilst the proposal represents a marginal reduction in building areas within the floodplain it is considered that given the increase in vulnerability this represents an increase in overall flood risk which is not something we can support.

Scottish Planning Policy

47. Scottish Planning Policy (SPP) notes that local plan policies should cover a range of issues and the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the past and future benefits of a proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost, but making efficient use of existing capacities of land, buildings and infrastructure including supporting town centre and regeneration priorities.

48. The SPP sets out how this should be delivered on the ground. By locating the right development in the right place, planning can provide opportunities for people to make sustainable choices and improve their quality of life. Well-planned places promote well- being, a sense of identity and pride, and greater opportunities for social interaction. Planning therefore has an important role in promoting strong, resilient and inclusive communities. Delivering high-quality buildings, infrastructure and spaces in the right locations helps provide choice over where to live and style of home, choice as to how to access amenities and services and choice to live more active, engaged, independent and healthy lifestyles.

49. In directing the right development to the right place, the SPP states that decisions should use land within or adjacent to settlements for a mix of uses, which will also support the creation of more compact, higher density, accessible and more vibrant cores.

50. In regard to managing flood risk and drainage the SPP encourages a precautionary approach to flood risk from sources; flood avoidance; flood reduction; and avoidance of increased surface water flooding. To achieve these aims the planning system should prevent development which would have a significant probability of being affected by flooding or would increase the probability of flooding elsewhere.

The Ayrshire Roads Alliance (Flooding) have advised that the proposed development is outwith the 1:1000 year inundation level and that if the proposed emergency exit proposals are enforced, then ARA(Flooding) would have no further comments and the applicant is advised to update the FRA to take account of this information. The comments provided by ARA (Flooding) were forwarded to the Agent for their action; however the Agent emailed advising that their involvement on this application has been suspended. The applicant was included in the email forwarded by the Agent, therefore the applicant was aware of the request from ARA (Flooding) and has not addressed this matter.

In taking account the comments from SEPA and ARA, the proposed nursing home development is considered to be contrary to SPP.

Historic Environment Scotland

51. In regard to the application for demolition ref no. 17/0276/CA, the determining issue is the effect of the proposed demolition upon the townscape quality of the conservation area. In assessing this proposal, there is a statutory duty imposed by section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to pay special attention to the desirability of preserving or enhancing the character or appearance of the Loudoun Road, Newmilns Conservation Area.

52. Historic Environment Scotland policy indicates a presumption in favour of retaining unlisted buildings in conservation areas. It advises that, when deciding whether conservation area consent should be granted, the importance of a building to the character or appearance of any part of the conservation area should be taken into account. If a building is considered to be of value, either in itself or as part of a group, a positive attempt should be made to achieve its retention, restoration and sympathetic conversion to some other compatible use before proposals to demolish are considered. The policy also advises that demolition may be appropriate if the building is of little townscape value, if its structural condition rules out its retention at reasonable cost, or if its form or location makes its re-use extremely difficult.

53. In addition, consent to demolish should only be given where there are acceptable proposals for a new building on the site.

Managing Change in the Historic Environment – Demolition (HES)

54. The objectives of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Historic Environment Scotland Policy and Guidance are reflected in the East Ayrshire Local Development Plan 2017 and its Supplementary Guidance on the Historic Environment.

55. In regard to demolition of an unlisted building in a conservation area the managing change document states that there is a presumption in favour of the retention of unlisted buildings in conservation area where they make a positive contribution to the character, appearance, or history of the area. Proposals for demolition in a conservation area should be considered in conjunction with a full planning application for a replacement development. The key principle in such cases is that the character and appearance of the area should be preserved or enhanced. This allows consideration to be given to the potential contribution that the replacement building may make to the area’s character and appearance. Demolition should not begin until evidence is given of contracts let either for the new development or for appropriate long-term treatment as open space where that outcome conforms to the character of the area. Gap sites could be harmful to the character of the area if allowed to lie undeveloped for a significant time between demolition and redevelopment.

56. The Historic Environment Scotland policy statement makes it clear that in instances where demolition is to be followed by re-development of the site, consent to demolish should in general be given only where there are acceptable proposals for the new building.

In regard to application ref no. 17/0276/CA it is noted that the buildings (sheds, extensions and outbuildings) proposed for demolition do not offer anything more than a neutral contribution to the existing streetscape and are significantly dilapidated and run down.

The applicant’s proposal is that the demolition of the buildings would be followed by the redevelopment of the site to provide a 56 bed nursing home development. It is however essential to consider the redevelopment proposal as part of the associated application ref no. 17/0276/CA and whether the demolition would facilitate a development proposal that would have positive townscape benefits for the conservation area.

As detailed above within this report, it is deemed that the dominant size, scale, massing and design of the proposed nursing home building would not contribute positively to the surrounding conservation area. The redevelopment proposal offers no townscape benefits and would not preserve or enhance the conservation area. The redevelopment would therefore not fulfil the aim of the above Act nor satisfy the policy advice of Historic Environment Scotland.

In conclusion, is it considered that the character and appearance of the conservation area would not be preserved or enhanced by the demolition of buildings at 68 Loudoun Road and replacement with the proposed 56 bed nursing home development. The demolition of the buildings would therefore not be in line with the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 nor the policy advice of Historic Environment Scotland.

COMMUNITY PLAN

57. The assessment of the proposal has regard to the main themes of the Community Plan with regard to the themes of safer communities, the environment and economy.

FINANCIAL AND LEGAL IMPLICATIONS

58. There are potential financial and legal implications for the Council should it be minded to grant approval of the planning application, as the application will require to be notified to Scottish Ministers due to the objection from SEPA as a government agency. Should the application be called in, responsibility for the method of determination of the application would lie with the Scottish Government, however, this could result in a Public Inquiry/Hearing being held.

59. Circular 3:2009 - ‘Notification of Planning Applications’ provides guidance on the circumstances where applications may be called in and this is where Scottish Ministers consider that a proposed development raises issues of strategic or national importance and this may include where a Government Agency such as SEPA has objected to an application due to potential implications for their interests.

60. 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 development, 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.

61. 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.

CONCLUSIONS

62. As indicated within the report, the application is considered to be contrary to the Local Development Plan 20017. Therefore, given the terms of Section 25 and Section 37(2) of the Town and Country Planning (Scotland) Act 1997, the application should be refused unless material considerations indicate otherwise. As is indicated within the report, there are material considerations relevant to this application. The SEPA and ARA (Flooding) consultation responses do not support the application on balance.

63. Members will note that the site is allocated for housing with a recommended capacity of 10 units, under the provisions of the East Ayrshire Local Development Plan 2017, however this proposal is for a 56 bed nursing home that will have a detrimental impact on the amenity of surrounding residential properties and will detract from the Loudoun Road, Newmilns Conservation Area. The proposed building would be large and prominent and would be out of place at this location, given its overall size, bulk and scale. The combination of three and two storey elements, coupled with the length of the proposed building would create an over-dominant prominent and overbearing structure that will be of detriment to the character and visual amenity of the streetscene. Whilst providing an active frontage, the design of the overall proposal would create a disjointed and overly bulky building from certain viewpoints which would fail to protect the setting of the conservation area.

64. In regard to the consultee responses from SEPA and the Council as Flood Prevention Authority, SEPA have advised that the proposal for a nursing home is a more vulnerable use and therefore the principle of this type of development must be revisited. Given the increase in vulnerability this represents an increase in overall flood risk which SEPA cannot support.

65. The Ayrshire Roads Alliance (Flooding) have advised that the proposed development is outwith the 1:1000 year inundation level and that if the proposed emergency exit proposals are enforced, then ARA(Flooding) would have no further comments and the applicant is advised to update the FRA to take account of this information. The comments provided by ARA (Flooding) were forwarded to the Agent for their action, however the Agent emailed advising that their involvement on this application has been suspended. The applicant was included in the email forwarded by the Agent, therefore the applicant was aware of the request from ARA (Flooding) and has not addressed this matter.

66. Flooding is very relevant and presents serious challenges and in this case it is considered that both SEPA’s concerns in regard to high vulnerability use and the ARA (Flooding) requests for further information to update the FRA is not unreasonable.

67. As advised by SEPA, the proposal is for a care home and given the change to a more vulnerable use it is appropriate to revisit the principle of development. Whilst the proposal represents a marginal reduction in building areas within the floodplain it is

considered that given the increase in vulnerability this represents an increase in overall flood risk which is not something SEPA can support. It is recommended that a lower vulnerability use is proposed and we note that an extant permission for residential development is available.

68. It is noted that the residential development approved under application 07/0667/FL and renewed under application 13/0175/PP has lapsed. The decision notice for this application ref no. 13/0175/PP was dated 29 July 2014 and would appear to have lapsed on 28 July 2017. A number of pre-commencement conditions imposed on the development have not been discharged and therefore development is not deemed to have commenced and therefore this consent has lapsed.

RECOMMENDATION

69. It is recommended that the planning application 17/0275/PP be refused for the reasons listed on Appendix 1 to this report.

70. It is recommended that conservation area consent application 17/0276/CA be refused for the reasons listed on Appendix 2 to this report.

71. Should the Committee agree that the application be approved, contrary to the recommendation of the Head of Planning and Economic Development, the application will require to be notified to Scottish Ministers due to the objection from SEPA as a government agency.

CONTRARY DECISION NOTE

72. Should the Committee agree that the application be approved contrary to the recommendation of the Head of Planning and Economic Development the application would not require to be referred to Council as it would not represent a significant departure from Council policy. The proposal does not represent a significant departure from the Development Plan as the general principle of development is supported, subject to detailed assessment against various criteria. The proposal has been found to be unacceptable following this detailed assessment. .

REASON FOR THE DECISION

73. Planning Application Ref No.17/0275/PP is contrary to the East Ayrshire Local Development Plan 2017 and the material considerations also carry sufficient weight, to warrant refusal of the application.

74. Conservation Area Consent Application Ref No.17/0276/CA is contrary to the East Ayrshire Local Development Plan 2017 and the material considerations also carry sufficient weight, to warrant refusal of the application.

FV/MK

Date: 15th August 2018

Michael Keane Head of Planning and Economic Development

LIST OF BACKGROUND PAPERS

1. Application Form and Plans – both applications 2. Statutory Notices and Certificates. 3. Consultation responses. 4. Representations received. 5. East Ayrshire Local Development Plan 2017. 6. Scottish Planning Policy 7. Historic Environment Scotland policy and guidance 8. Historic Planning Applications

Anyone wishing to inspect the above background papers should contact Craig Thomas, Senior Planning Officer on 01563 576772.

Implementation Officer: David McDowall, Operations Manager: Building Standards and Development Management.

TP24 – Appendix 1 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 17/0275/PP

Location 68 Loudoun Road Newmilns East Ayrshire KA16 9HF

Nature of Proposal: Erection of nursing home including change of use of existing dwelling

Name and Address of Applicant: Diamond Investments The Gravel 10 Main Street Castledawson Northern Ireland BT45 8AB

Name and Address of Agent

Officer’s Ref: Craig Thomas 01563 576772

The above Planning Permission application should be refused for the following reasons:

1. The proposal fails to accord with Policy OP1 of the East Ayrshire Local Development Plan 2017, in that:

(i) it fails to demonstrate compliance with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non-statutory guidance, in particular with reference to: (ii) the proposal not being compatible with surrounding established uses and having an unacceptable impact on the environmental quality of the are in respect of flooding. (iii) the size, scale, layout and design of the proposal will detract from the character and amenity of the area. (v) provisions of SPP, the Scottish Government’s policy statement Designing Streets, and the Council’s Design Guidance; (ix) the proposal overall fails to protect and enhance the conservation area.

(xi) it fails to meet with the requirement of all statutory service providers, including Scottish Environment Protection Agency.

2. The proposal fails to accord with Policy RES 1 of the East Ayrshire Local Development Plan 2017, in that the proposal is deemed to represent a design solution which presents a potential risk to amenity and placemaking through overdevelopment of the site, due to the bulk, size and scale of the building proposed.

3. The proposal fails to accord with Policy RES11 of the East Ayrshire Local Development Plan 2017, in that the proposal is deemed to represent overdevelopment of the subject site that would have a detrimental impact on the amenity of neighbouring residential properties. The scale and massing of the proposal would lead to unacceptable levels of overlooking into the adjoining residential properties.

4. The proposal fails to accord with Policy ENV3 of the East Ayrshire Local Development Plan 2017, in that the overall bulk, scale and massing of the proposed development is excessive and the design of the building and its visual impact would have a detrimental impact on the conservation area.

5. The proposal fails to accord with Policy ENV11 of the East Ayrshire Local Development Plan 2017, as it has not been demonstrated to the satisfaction of SEPA and ARA(Flooding) that the proposal has adequately addressed flood risk.

6. The proposal fails to accord with Policy INF 4 and Schedule 8 of the East Ayrshire Local Development Plan 2017, in that the proposal fails to provide satisfactory private and public open space.

TP24 – Appendix 2 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 17/0276/CD

Location 68 Loudoun Road Newmilns East Ayrshire KA16 9HF

Nature of Proposal: Substantial Demolition in a Conservation Area

Name and Address of Applicant: Diamond Investments The Gravel 10 Main Street Castledawson Northern Ireland BT45 8AB

Name and Address of Agent

Officer’s Ref: Craig Thomas 01563 576772

The above Conservation Area application should be refused for the following reasons:

1. The proposal fails to accord with Policy OP1 of the East Ayrshire Local Development Plan 2017, in that:

(i) it fails to demonstrate compliance with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non-statutory guidance, in particular with reference to: (v) provisions of SPP, the Scottish Government’s policy statement Designing Streets, and the Council’s Design Guidance; (ix) the proposal overall fails to protect and enhance the conservation area.

2. The proposal fails to accord with Policy ENV3 of the East Ayrshire Local Development Plan 2017, in that the proposal for demolition has not been accompanied with a high quality redevelopment proposal that can be supported.

3. The proposal fails to accord with the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Historic Environment Scotland ‘Managing Change in the Historic Environment – Demolition’ as it is it considered that the character and appearance of the conservation area would not be preserved or enhanced by the demolition of buildings and replacement with the proposed nursing home development.