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East Ayrshire Council Planning Committee: 23 June

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East Ayrshire Council Planning Committee: 23 June EAST AYRSHIRE COUNCIL PLANNING COMMITTEE: 23 JUNE 2017 17/0139/PPP PROPOSED RESIDENTIAL DEVELOPMENT OF APPROXIMATELY 550 DWELLINGS AND ASSOCIATED WORKS APPLICATION BY MR JOHN GARDNER AT TREESBANK KILMARNOCK EAST AYRSHIRE KA1 5LP Report by Head of Planning and Economic Development Economy and Skills Click for Application Details: http://eplanning.eastayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&k eyVal=OLU33QGFILC00 EXECUTIVE SUMMARY SHEET PURPOSE OF REPORT 1. The purpose of this report is to present for determination an application for planning permission in principle which is to be considered by the Planning Committee under the scheme of delegation as it a major development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, which would also require to be determined by Planning Committee. RECOMMENDATION 2. It is recommended that the application be refused subject to the reasons listed on the attached sheet. CONTRARY DECISION NOTE 3 Should the Committee agree that the application be refused on principle of the development, contrary to the recommendation of the Head of Planning and Economic Development the application will require to be referred to the Council because that would represent a significant departure from the local development plan. However if Members agree that the application be refused for the reasons detailed in the report, the application will not require to be referred to the Council because that would not represent a significant departure from the local development plan. 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: 23 JUNE 2017 17/0139/PPP PROPOSED RESIDENTIAL DEVELOPMENT OF APPROXIMATELY 550 DWELLINGS AND ASSOCIATED WORKS APPLICATION BY MR JOHN GARDNER AT TREESBANK KILMARNOCK EAST AYRSHIRE KA1 5LP 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 in principle which is to be considered by the Planning Committee under the Scheme of Delegation as it a major development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, which would also require to be determined by Planning Committee. APPLICATION DETAILS 2. Site Description: The site is within the settlement boundary of Kilmarnock and is bounded to the south, east and south-east by the A77 road, to the west, by Ayr Road and beyond that, Caprington Golf Course. To the north lies Loreny Business Park and Loreny Park and Shortlees estate. The site is allocated for housing (site 317H) in the East Ayrshire Local Development Plan 2017, as it had also been under the East Ayrshire Local Plan 2010. 3. The area to the north and north-east is residential in nature, post-war housing of Shortlees and Bellfield, both of which now have more modern houses peppered throughout. The A77 bypass to the south forms a man- made edge to the settlement of Kilmarnock, with rural area beyond, accessed via Treeswoodhead Road, in the direction of Craigie. The site is within the East Ayrshire Lowlands landscape type, which have a variable landform which although generally undulating, can be more complex and rolling in some areas. 4. The site measures 43 hectares and the current Treesbank House built 1926-28, (attributed to James Carrick under James Hunter’s practice) which replaced the older Treesbanks House, built in 1672 by the Campbell family (enlarged by them in 1838) within landscaped grounds. The house is a private residence, previously being owned by the Scottish Trade Union Congress until the 1990's. Treesbank House, as noted above, is a Category B listed building built, for Gavin Morton of Blackwood and Morton, Kilmarnock. The house is largely random rubble with ashlar dressings and mullioned windows, with rooms in the roof via catslide dormers, and is charming in terms of its domestic scale. To the south of the house lies the stables, survivors from the old Treesbanks House which are Category C listed, circa 1770, 2-storey elongated U-plan stable block, with stugged, square rubble with red sandstone dressings. Also on site is the Category A listed Doocot, dated 1771 in raised brickwork above door; comprising an eight sided brick base, corbelled band, round upper stage, corbelled eave band and pigeon entrances, bell-cast slate roof. The Stables and the Doocot are on the Scottish Civic Society’s Buildings at Risk register. 5. The site is also host to a Local Nature Conservation Site, (formerly a Provisional Wildlife Site), which notes this old estate contains mixed woodland habitats with a varied flora and bird population, reasonable quality pastures, also regenerating woodland and rough pasture. Also covering much of the site is a Tree Preservation Order (TPO), noting this is a statutory protection, and the non-statutory designation of Ancient Woodlands, which covers most of the area covered by TPO. 6. In summary, there are no particular environmental designations on the larger grassland to the east of the House, which at over 13 hectares is a large portion of the site. The remainder of the site, however is largely covered by TPO and Ancient Woodlands designations (except for the pasture areas to the west and the north of the House); and as a Local Nature Conservation Site. 7. Proposed Development: The proposal is for planning permission in principle for approximately 550 dwellings and associated works. The application is supported by various technical information, including: Transport Assessment; Tree Survey Drainage Layout; Indicative site Masterplan; Ecology Report; Arboricultural Report; Archaeological Report; Flood Risk Assessment; Pre Application Consultation report from which the applicants noted they made revisions to the draft masterplan, with [i] Increased open recreation space and fewer houses; [ii] revision of extents of tree removal; [iii] housing moved from potential flood risk areas; enhancement of Dovecot setting; and a Traffic light system at Ayr Road entrance; and Design and Access Statement. – which notes using the natural boundaries of the woodland landscape to define four large protected and private development zones, and to create an attractive central park and communal recreation space which also connects into an existing woodland walkway at the recreation ground at Shortlees. CONSULTATIONS AND ISSUES RAISED 8. East Ayrshire Council Environmental Health Service commented on noisy work on the site during construction; dust suppression measures; waste arising from the works; and drainage to be completed to the satisfaction of SEPA and/or Scottish Water. Members are advised that all of the above would be assessed at any subsequent detailed application stage should Members decide to grant consent. 9. In addition, the Council’s Environmental Health Service noted that the development site lies in close proximity to the A77 trunk road, and it is therefore recommended that a Noise Impact Assessment be prepared for the site, and that this assessment should include a mitigation strategy to ensure that no property to be constructed is subjected to an external daytime noise level of LAeq 55dB 1hr and an internal noise level of LAeq30dB1hr night-time, both in order to preserve residential amenity. A Noise Impact Assessment (NIA) has not been submitted for consideration in this regard as part of the overall application submission, especially in relation to Road Traffic Noise. The applicant has noted that the belt of trees as existing, adjacent to the A77, should provide mitigation for road traffic noise, however, that is not backed by any noise survey information. Members should note that whilst some elements, such as detailed drainage matters, can be submitted in any subsequent application for detailed consent, some matters require to be assessed at planning permission in principle, one being NIA, so that fundamentally, the effects of noise can be considered at this strategic level in order than any subsequent application is informed by its result in its detailed design. 10. East Ayrshire Council Environmental Health Service (Contaminated Land) have no objections, but advise the site needs a desk study report carried out to identify whether the site contains any contaminated land. This matter can be dealt with as a condition prior to any commencement of development, should Members decide to grant consent. 11. East Ayrshire Leisure Trust Access Officer noted there are no Core Paths or Public Rights of Way within or adjacent to the red line site boundary of this proposed development. Area wide access rights, as contained within the Land Reform (Scotland) Act 2003, are exercisable across the current site land uses of fields, woodlands and watercourses. Area wide access rights are not exercisable across the site land uses of buildings and associated hardstanding curtilages and garden grounds, but if developed, access rights within the development site boundary would be suspended on a temporary basis, and would be reinstated automatically post construction. 12. Given the above policy context it is requested that the developer provides a network of off-road paths which are suitable for both walking and cycling and provide residents with
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