EAST LOTHIAN COUNCIL LOCAL DEVELOPMENT PLAN

MAIN ISSUES REPORT CONSULTATION

REPRESENTATION ON BEHALF OF MESSRS JAMES, WESTON AND LAWRIE MAIN

QUESTION 16 - CLUSTER INCLUDING DEVELOPMENT IN

TMS PLANNING AND DEVELOPMENT SERVICES LTD "Balclune", 32 Clune Road, Gowkhall, Fife, KY12 9NZ Tel: (01383) 853066 E-mail: [email protected]

1.0 LOCAL DEVELOPMENT PLAN DEVELOPMENT ISSUES AND STRATEGY

1.1 In order to comply with the requirements set out in NPF3, Scottish Planning Policy, and SESplan it is essential that the East Lothian Local Development Plan (LDP) provides for the delivery of sustainable development in accessible locations. Key to the delivery of the LDP development strategy will be promoting a range of new housing development throughout the area with the concentration of new development in the most accessible parts of the district. The preferred approach set out in the Main Issues Report (MIR), that related to the Compact Growth Strategy Option, appears a reasoned response to the main identified delivery needs for the area and is considered generally appropriate provided this is balanced by the provision of development in other parts of the East Lothian area in order to meet community needs, including the delivery of much needed new housing, including affordable housing. In effect, the majority of new development will be focussed on land in/around the main settlements within the west of the SESplan East Lothian Strategic Development Area (focussed on the A1 and East Coast Main Line), balanced by additional allocations elsewhere in the East Lothian area.

1.2 The SESplan housing requirement for East Lothian equates with the need to identify land capable of delivering 10,050 homes in the period up to 2024, with an interim requirement of land capable of delivering 6,250 homes up to 2019 and thereafter, the residual requirement of 3800 units. A five year effective housing land supply is also to be maintained at all times. The failures of the land supply are well documented, particularly in the period to 2019, and therefore the early identification/release of additional effective housing land is a key component of delivering the development strategy for the LDP, in accordance with SESplan.

1.3 The MIR identifies a range of potential delivery constraints including infrastructure and underlying demand (ie. requiring a higher level of completions than ever recorded in the district). No matter, to comply with SESplan the set targets have to be met and sufficient effective land allocated to address the requirements.

1.4 The MIR identifies Trunk road and local road network capacity as an acute problem impacting on new development, particularly in the west of East Lothian. Existing constraints have been highlighted on the A1 (T), in particular at Old Craighall Junction and generally at all interchanges west of the Gladsmuir Interchange. Transport is of the view that these capacity constraints alone will constrain any further development from being delivered in the area until solutions are found and are committed to be put in place. The potential access constraints impacting on the preferred strategy, the main focus of development to the west of the A1 corridor, further emphasises the importance of other allocations in areas without such constraints, including areas outwith the Strategic Development Area. Such allocations will also help provide a range of sites of different types and sizes in different locations supporting local communities while also helping to maintain a five year effective housing land supply.

1.5 Education capacity is also a significant issue impacting on a number of settlements with solutions, in each case, requiring to be developer led where required.

1.6 The MIR confirms that an important consideration relevant to the delivery of the spatial strategy will be the availability of resources/infrastructure and the extent to which there is a willingness and clear ability to make development happen on a site (or part(s) of a site) within the required timeframe. These issues will apply when selecting new sites intended to form part of any spatial strategy going forward in order to ensure that the selected strategy can deliver the SDP’s development requirements for East Lothian in the most appropriate locations. The MIR specifically requires, in accordance with SPP, that “Parties promoting potential development sites must prove the effectiveness of their sites to the Council’s satisfaction before any site may be included in the Proposed LDP”, ie. demonstrate deliverability.

2.0 THE NORTH BERWICK CLUSTER

2.1 It is accepted that the development of sites outwith the East Lothian SDA will be required in order to help meet the housing land requirement and to help provide a range of sites of different types and sizes in different locations in order to maintain a five year effective housing land supply at all times. While the concentration of new development in this area will be in North Berwick, the potential for other settlements to contribute to beneficial new residential development, particularly where infrastructure is available, requires to be fully addressed.

2.2 A number of the villages have potential to cater for additional proportionate development, albeit there are clear constraints related to education capacity, particularly Primary School capacity. To this end, and bearing in mind the range of additional facilities within the village and its accessibility to North Berwick and beyond, it is considered that Dirleton would represent an appropriate location for a modest development, one suitably maintaining the character of the village while providing for beneficial development. Dirleton Primary School has limited capacity but, based on recent consultation responses from East Lothian Council’s Education Service, could readily cater for a phased development of circa 21 houses. This would allow the appropriate use of existing infrastructure capacity while supporting the function of this valued local facility.

3.0 DIRLETON

3.1 Dirleton, a village of around 500 - 550 residents lying on the A198 between North Berwick and Gullane, contains a Primary School, church with hall, 2 licensed eateries – pub/restaurant/hotel (The Castle Inn and the Open Arms), a bowling green/club, the Dirleton Gallery, and visitor attractions (, beach and Caravan Park). Within close proximity to the village is North Berwick (including a range of commercial facilities and the closest rail station) circa 2.5 miles, with the Archerfield Estate and the array of leisure facilities (including 2 golf courses) also very close to the village. In short, Dirleton retains a range of local facilities (which would benefit from additional patronage) and is readily accessible to a wide range of commercial, leisure, transport, employment and community facilities within the local area. The village is well connected and offers a range of transport options for residents/visitors. Until recently the village also contained a convenience shop with Post Office albeit the shop has now closed and the Post Office remains operational on a part time basis. Bus services on the Main Road/Dirleton Road are noted as follows: -

X24/124/X25 – service linking to North Berwick through Dirleton – mainly every 30 minutes; and

127 Longniddry - Monday to Friday once daily

3.2 Dirleton, while modest in size, is a village capable of supporting additional development of an appropriate scale (available education capacity and existing range of facilities). The designated Conservation Area, dominated by the Castle and the Green, is a potential constraint to development but, as with most Conservation Areas, it will be the location, scale and form of development that will ultimately determine the appropriateness of new development sufficient to protect and conserve, and where appropriate enhance, cultural and natural heritage.

3.3 It is noted that within the MIR there is a preferred development site identified at Castlemains (PREF-N4) and a reasonable alternative at Foreshot Terrace (ALT-N3). While there are other alternatives that may be assessed, in light of the contents of the MIR it is considered that these sites represent the main focus for assessment. The appropriateness of both potential allocations is assessed below and the logical conclusion drawn that the site at Foreshot Terrace (ALT-N3) should be that allocated for residential development in the Proposed LDP.

4.0 THE LAND TO SOUTH OF CASTLE MAINS PLACE, DIRLETON SITE (PREF-N4)

4.1 This site is noted as 2.31 hectares in size. It is a linear site located within the designated Dirleton Conservation Area and is bounded to the: -

North: by a linear area of maintained open space beyond which is Castle Mains Place and residential properties on Avenue;

South: by open agricultural land beyond which is the main A198 road;

East: by Station Road; and West: by the adjacent agricultural operations.

4.2 The site lies to the east of Dirleton Castle with significant levels of intervisibility from/across the site to the castle. Views of Dirleton Castle and the village/Conservation Area from the main A198 across the Castlemains Place site are integral to the setting of the village/castle when viewed from this main arterial route. There are also valued views from Station Road and Castle Mains Place across the site to Dirleton Castle (the key feature of the designated Conservation Area). The village’s setback from the A198, interspersed with agricultural land, is the prevailing characteristic of views to the village along this southern edge. The identified Castlemains site has no containment or logical boundary to the south and is highly prominent from the A198 and, therefore, no matter the nature of the development within this site, it will be highly visually prominent, to the obvious detriment of the setting of the village of Dirleton, including Dirleton Castle and Dirleton Conservation Area. The views into and impressions of the village would be seriously and detrimentally altered by development at this location thereby undermining, to some extent, Dirleton’s positive contribution to the character/quality of the local area.

4.3 In proposing the allocation of the site for 30-35 houses the MIR states that: -

“Land at Castlemains Place Dirleton is a preferred land release, subject to education capacity. The site could be promoted for the development of approximately 30 homes. Access may be provided from Castle Mains Place, and will not be permitted from Station Road. While this area is open, is part of the setting of the settlement and provides for open views to Dirleton castle on approach to the settlement, a section of the site to the north may be developed without harming these characteristics. Appropriate design and landscape planting and open space provision would be required to integrate this site with the surroundings and to provide a setting for the settlement, including the retention of views to Dirleton Castle. A masterplan for the site would be required”.

4.4 For reasons which are far from clear, the above proposed allocation fails to take a number of underlying matters of concern into account. Firstly, as set out in the Interim Environmental Report, with respect to “Cultural Heritage” it is noted that: -

“The site is within Dirleton Conservation Area and adjacent to Dirleton Castle scheduled monument, listed buildings and garden and designed landscape. Historic Scotland has commented that development of the site could change the character of the conservation area and a design strategy taking into account a completed conservation area would be needed in order to allow for a full assessment of any potential impact and change. Historic Scotland also has strong concerns about the impact of the proposed development on the setting of Dirleton Castle”.

4.5 In addition, with respect to “Landscape” impact, it is noted that: - “There is no natural boundary to define the southern boundary and the impact of development would need to be mitigated by hedgerow and tree planting. The development of the site would result in encroachment into the rural landscape and could adversely affect the landscape setting of Dirleton Castle. SNH has raised concerns about the impact the development of this site would have on the contained nature of the village with houses currently generally being set well back from the A198.”

4.6 The assessment set out by East Lothian Council in the Interim Environmental Report confirms that “The site’s development would be likely to have significant impacts on the landscape”. In short, with reference to all of the above, there are significant concerns highlighted by East Lothian Council, Historic Scotland, and SNH related to the impact of any potential development within this ill-defined site on the setting of Dirleton, the protected Dirleton Castle (which sits at the core of the Conservation Area) and the character and appearance of the designated Dirleton Conservation Area as a whole. There is no reasonable assessment by which to conclude that “…a section of the site to the north may be developed without harming these characteristics…” as there is simply no evidence to this effect. Neither is it possible to conclude that a design solution would be possible to address the underlying negative impact of the proposed allocation/development on the village and its setting. In short, this is a poorly defined/contained site in a prominent location at the edge of an extremely sensitive and important aspect related to the setting of the village, the Conservation Area and the castle, and there can be no comfort that an appropriate form of development could be achieved, indeed all signs indicate the opposite.

4.7 There are additional matters of issue related to this site. Access cannot be formed from Station Road, leaving Castle Mains Place as the only possible access point. However, it is unclear whether the area between the edge of Castle Mains Place and the site is under the control of the site promoter or if this is held in third party ownership. If it is the latter, then this is a potential constraint to the delivery of any development. If an access could be formed to Castle Mains Place, this would link to the existing sub- standard junction at Castle Mains Place/Main Road where visibility (west) is poor and therefore additional use of this junction would not be in the best interests of road safety in the village.

4.8 In addition, the ad hoc nature of the proposed allocation with respect to the ill- defined southern boundary, effectively leaves a relatively small residual area of little use for agriculture. What then would happen to this prime agricultural land? Breaching the southern boundary of the village in the manner proposed by the allocation may well result in further pressure for additional land release (into this residual area) which would be more difficult to resist in light of the detriment to the setting of the village, Conservation Area and castle arising from the initial proposal. 4.9 In short, this prominent and somewhat illogical proposal at Castlemains should not be supported in light of the significantly detrimental impacts that would arise on the setting of Dirleton, the character and appearance of Dirleton Conservation Area, and the setting of Dirleton Castle. To do otherwise would patently fail to meet the underlying requirements of Scottish Planning Policy, the Scottish Historic Environment Policy, and of the emerging LDP with respect to the underlying commitment to the built/historic environment including the stated LDP objective to protect and conserve, and where appropriate enhance, cultural and natural heritage. It is clear from the assessments by East Lothian Council, Historic Scotland, and SNH that this site is not supportable.

5.0 THE FORESHOT TERRACE SITE (ALT-N3) – REFER UPDATED SITE PLAN (PLAN 1)

5.1 The site, circa 1.99 hectares in area, lies within the eastern part of the village of Dirleton. The application site forms part of a larger area of agricultural land within the designated Dirleton Conservation Area and is physically defined/contained on 3 boundaries by the existing village. The present boundaries comprise: -

North: agricultural land;

South: a linear tree belt circa 10 metres deep beyond which is Main Road/Dirleton Road (Foreshot Terrace);

East: existing built development save a small section to the north at Ware Road; and

West: existing built development and avenue trees

5.2 There are a range of property types (age and style) in the immediately adjacent area (including the traditional cottages at Foreshot Terrace) albeit the most notable physical/visual feature in the area is the 10 metre frontage tree belt along the southern site boundary which provides an attractive setting for the site and partially screens it from the public realm, particularly in the summer months. This feature would be retained/enhanced/managed as part of the development in order to ensure its longevity and contribution to the Conservation Area going forward.

5.3 The site has been subject to recent planning proposals. The indicative development proposals being put forward through the MIR process relate to circa 21 homes (25% of which would be affordable housing) of single and 1½ storey form, with related open space (Refer PLAN 2 and PLAN 3). The main access would be formed from Ware Road with pedestrian links also being provided to Main Road/Dirleton Road (towards the bus stops and Post Office) from the development, ensuring that the development is fully integrated. The widening of a section of Ware Road and improvements to its junction with Main Road/Dirleton Road is also proposed as part of the development (works proposed in accordance with the requirements stipulated by East Lothian Council’s Transportation Service - Refer PLAN 2).

5.4 The indicative layout supporting the proposed allocation (which would be subject to further discussion/approval) relates the proposed built form to existing development while establishing strong physical and visual containment to the existing open aspect to the north (refer PLAN 2). In effect, a robust landscape boundary would be formed within the northern section of the site in order to further contain/enhance the proposed development site and to provide a clear and defensible site/settlement boundary. The intent is to reinforce the physical enclosure/amenity of the site, building on the attractive setting already in evidence, while further allowing/facilitating the integration of the proposed development with its surroundings.

5.5 As part of the development, as indicated, it is also proposed to put into place management/maintenance arrangements for the adjacent woodland on the south boundary. The precise details of this would be included with a subsequent application for planning permission with the underlying aim to protect and enhance this area as a significant part of the character and appearance (attraction/setting) of the designated Conservation Area. The present lack of on-going maintenance may threaten the long term health and related contribution of this woodland strip to the amenity of the village and requires to be actively addressed.

5.6 Within the MIR document the site (ALT-N3) is identified as a “…reasonable alternative development opportunity, subject to education capacity”, which, as noted is available for this scale of development in Dirleton. The site is considered to be “…well screened by trees from the road to the south though would encroach northwards into open countryside”, albeit there would be a clearly defined northern boundary formed as part of the development in order to define the site/settlement in a robust, attractive manner. The assessment goes on to confirm that the site “…is within the Conservation Area and its impact on the character of the village would be a key consideration”. This is acknowledged and an appropriate form of built development, bearing in mind the containment of the site and the existing development form in the local area and enhanced by new structural planting, can be secured through the planning process. In this regard it is noted that there are no negative comments related to the potential impacts arising from development on the Foreshot Terrace site with respect to the character of Dirleton or the designated Conservation Area from either Historic Scotland or SNH (as there are for the candidate site at Castlemains, Dirleton).

5.7 The MIR assessment of the Foreshot Terrace site goes on to state that “Access may be possible from Ware Road but the ability to achieve adequate visibility splays is uncertain”. The details of upgrading works to Ware Road and to its junction with Main Road/Dirleton Road have previously been considered and accepted as appropriate by East Lothian Council’s Transportation Service, such that access is not a constraint to the development of this site. 5.8 There is presently confirmed developer interest in this site both for the market houses and for the affordable homes.

6.0 CONCLUSIONS

6.1 The MIR strategic development approach, supplemented by more localised housing land allocations in order to provide greater choice/variety and to support local communities, appears an appropriate planning response to SESplan and to the needs, opportunities and constraints prevailing within the East Lothian area. Within this framework there is a need to use existing resources/infrastructure efficiently, to allocate deliverable development sites, and to secure development in locations and of a form respecting the area and its underlying character/quality.

6.2 Dirleton is a very marketable area. In addition, it has available infrastructure to facilitate a level of proportionate development in line with that being proposed at Foreshot Terrace. While not presently the preferred MIR allocation in the village there appear an array of issues related to the presently preferred site at Castlemains that cannot be resolved in a manner supportive of the village and its character/appearance. As evidenced by the information in the Interim Environmental Assessment document accompanying and informing the MIR it is clear that “The [Castlemains] site’s development would be likely to have significant impacts on the landscape”, and that “the development … would result in encroachment into the rural landscape and could adversely affect the landscape setting of Dirleton Castle. SNH has raised concerns about the impact the development of this site would have on the contained nature of the village with houses currently generally being set well back from the A198” and “…Historic Scotland also has strong concerns about the impact of the proposed development on the setting of Dirleton Castle.” In effect, the prominent and uncontained nature of the site and any development thereon would adversely affect the setting of Dirleton village, Dirleton Castle and Dirleton Conservation Area and therefore would be contrary to SPP, the Scottish Historic Environment Policy and to the underlying requirements of the emerging LDP.

6.3 The alternative site at Foreshot Terrace offers the opportunity to deliver a fully integrated development of quality complementary to the Conservation Area and with no adverse impact on Dirleton Castle or its setting. This development would represent an infill within established development on a site well contained/defined on 3 sides with positive provision for a clearly defined landscape edge on the fourth side (North) to define the long term boundary of Dirleton.

6.4 With respect to the assessment of site effectiveness, as set out in paragraph 55 of PAN 2/2010, the following assessment related to the Foreshot Terrace site is considered appropriate: -  ownership: the site is in the ownership/control of a party who is actively promoting the site for, and who will release the land for, development (as indicated there is already strong developer interest in the site);  physical: the site is free from constraints related to slope, aspect, flood risk, ground stability or vehicular access which would preclude its development;  contamination: previous use has not resulted in contamination of the sites;  deficit funding: public funding is not presently required to make residential development economically viable;  marketability: the site can be fully developed within the LDP period. It is anticipated that development could commence within 12 months of the LDP being adopted subject to securing the required permissions. Confirmed developer interest exists;  infrastructure: Education infrastructure is available for the proposed scale of development (capacity available at Dirleton Primary School and off-site contribution for North Berwick High School); water and drainage infrastructure is readily available. Access is not a constraint; and  land use: housing is the sole preferred use of the land in planning terms.

6.5 The allocation of the Foreshot Terrace (ALT-N3) for residential development through the LDP will contribute positively to new housing delivery thereby supporting the underlying strategy/requirements of the emerging plan while supporting the local community and making efficient use of infrastructure. The site, as outlined, is fully deliverable and therefore East Lothian Council can be confident that this allocation would be fully effective.

6.6 For all of the reasons set out, including the variety of constraints/negative impacts related to the Castlemains site in Dirleton, the site at Foreshot Terrace (ALT- N3) should be that allocated for residential development in the Proposed LDP

DOCUMENTS

PLAN 1 – Site Location Plan

PLAN 2 – Indicative Site Layout

PLAN 3 – Indicative Development Form