1

• EDINBVRGH. Itemno 10 THE CITY OF COUNCIL Report no Planning Permission 09/00830/FUL at 1, 2, 3 - 6 Canonmills Bridge Edinburgh EH35LF

Development Management Sub-Committee of the Planning Committee

27 October 2010

Previous Committee This application was previously considered by Committee on 27.10.2010

Outcome of previous Committee

Site visit - This application was continued by the Committee for a site visit. This site visit has now taken place and the application is returning to Committee for a decision.

1 Purpose of report

To consider application 09/00830/FUL, submitted by Glovart Holdings Ltd .. The application is for: Erect mixed use, development of 2 restaurants, 6 flats and 3 town houses

It is recommended that this application be GRANTED subject to the conditions below. 2

2 The Site and the Proposal

Site description

The application site is a triangular piece of land currently occupied by a two storey building with a pitched roof. The units on the site include restaurants and retail units. The lower level is used as storage/ancillary space for these commercial units. There is a change in site levels of approximately two metres as the ground falls from Brandon Terrace along Road. This means that only one storey is visible from the front elevation. To the rear of the site is an area used for car parking and services.

The application site is surrounding by preomindantly residential properties with a mix of heights including 3 and 4 storey traditional Victorian tenements with pitched, slate roofs. The Water of is immediately adjacent to the site on the northern and western boundaries.

This property is located within the Conservation Area.

Site History

15 October 2008 - Erect a four storey mixed use development with 2no, restaurants on the ground floor and 6no, flats above; 3no, five storey townhouses to the rear. (08/02603/FUL) - WITHDRAWN

Pre-Application Process

Detailed pre-application discussions were undertaken with the architects prior to the submission of the application. This resulted in a substantial reduction in the number of units and improvements to the design and materials.

Description of the Proposal

Scheme 2 The proposal is for an L shaped 4 storey building for a mixed use development with 1 restaurant unit and 1 commercial unit at ground floor level fronting Canonmills and 6 residential flats above. Three town houses are proposed to the rear.

The flats have 2 bedrooms and have windows facing onto Canonmills, Warriston Road with car parking area to the rear in a shared courtyard.

At basement level, storage space is provided for the commercial units with refuse and bin stores for both the flats and commercial units. Bike storage is also provided. 3

To the rear of the main block 3 townhouses are proposed facing the to complete the 'L shape' of the proposal. Due to the difference in ground level these are at a lower height as the flatled block. The units have 3 bedrooms with balconies facing on the river and windows facing east to Warriston Road. Parking is provided at ground floor level in the form of integral garages accessed from Warriston Road.

Solar panels are included in the design of the building to provide renewable energy, 8 are located on the main flatled block and 4 on the townhouses.

Car parking is provided for the site to the rear of the building accessed from Warriston Road. Five spaces are proposed with three of these being integral garages for the townhouses. Space is available for delivery vehicles.

The proposed materials are sandstone walling, white render finish, glass aluminum and timber

The application is accompanied by a planning statement.

Scheme 1

There are changes to the design of the elevations. Cycle parking was not included.

3. Officer's Assessment and Recommendation

Determining Issues

Do the proposals harm the character or appearance of the conservation area? If they do, there is a strong presumption against granting of permission.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them? 4

ASSESSMENT

To address these determining issues, the Committee needs to consider whether:

(a) The principle of development is acceptable;

(b) The proposal provides a development of appropriate design quality, scale and height that will preserve or enhance the character and appearance of the conservation area;

(c) The proposal is appropriate, in scale and form, to the setting of the adjacent listed building.

(d) The proposal addresses issues of sustainability

(e) The proposal impacts on neighbouring residential amenity

(f) The traffic and parking implications can be addressed satisfactorily

(g) The flooding implications and archaeological issues can be addressed satisfactorily

(a) The site lies within the urban area of Edinburgh City Local Plan where the principle of residential development is acceptable. Planning policy identifies the site within the urban area, which is predominantly residential in nature. The immediate surrounding area has a predominantly residential character. Planning permission has been granted for similar residential developments on this rear lane. Therefore, provided that the proposal accords with other local plan policies, the principle of the proposed development is acceptable. b) The proposed development comprises offour levels of accommodation. Commercial units will be located at ground floor level and three storeys of residential will be located above. The town houses are a storey lower than the main block.

The site is located on the south eastern corner of Inverleith Conservation Area.

The Inverleith Conservation Area Character Appraisal identifies the predominant character as one of large Victorian houses throughout and Georgian villas and terraces to the east of the area the street layout follows a loose grid pattern with some wide streets. The use of stone, timber and slates roofs is emphasised. This particular site sits at a prominent visual point where Brandon Terrace, Inverleith Row and Rodney Street meet. 5

The building to the east of the site is a corner building positioned on both Canonmills and Warriston Road is a category C(s) listed building (HB 30288 listed 15th September 1992) adjacent to this sits a more modern development residential development Canon Court also 4 storeys in height. Traditional tenement properties lie to the west. This new development therefore has to sit comfortably with adjacent, traditional development and modern development whilst still recognising it has to make an input into the preservation and enhancement of the conservation area.

The building continues the building line of the existing development to the east. The proposal will create a faQade to terminate the vista along Brandon Terrace and form a gateway on approach from Inverleith Row. The proposal has been designed so that it is no higher than the traditional tenements to the east and existing modern developments to the north and east. It fits into and compliments the massing characteristics of the surrounding buildings area and retains the characteristics of the conservation area. The proposed roof is flat while the townhouses roof is sloping. The new windows facing south east are of a vertical style. The windows to the north east are of a more modern design. The proposed elevations are broken up by different building materials of stone, render and glass giving in a vertical emphasis to the design. The use of stone will preserve and enhance the character and appearance of the conservation area.

The materials proposed are a mix of traditional and contemporary materials include natural stone, glass, render, aluminium and timber. The use of natural stone is in keeping with the built environment of the surrounding conservation area.

The majority of overshadowing will fall within the application site. The built form will lie to the north of existing properties on Warriston Road, therefore any overshadowing will be limited due to the size and configuration of the end elevation.

The scale and design is appropriate to its surroundings and preserves and enhances the character and appearance of the conservation area.

c) The scale, form and proposed materials of the development complements the historic character of the adjacent C(s) listed building at 32 Canonmills (LB 30288, Listed 15th September 1992). The proposal will have no adverse impact and preserves the setting of the listed building. d) The proposal incorporates solar panels to provide renewable energy. Eight will be located on the main flatted block and four on the town houses. The solar panels are angled at 20 degrees to ensure optimum efficiency. The townhouses also have 'winter gardens' on the top storey which will act as additional insulation.

A single bin store will be located under the main block of flats for use by all residents. The store will contain bins for recycling and a separate bin store will be provided for trade waste. 6

The proposal is satisfactory in terms of sustainability.

e) The flatted properties have been designed so that the windows face up Brandon Terrace, onto the Water of Leith or into courtyard area to the rear. The windows facing on to the properties on Warriston Road lie approx 16 metres window to window distance. This represents a minor infringement of the guidelines which would be considered acceptable where development is proposed in a historic built environment, effectively a gable as opposed to an entire elevation. The town houses face into the shared courtyard area and onto the Water of Leith. There are no privacy issues.

The Council's guidelines on Oaylighting, Sunlight and Privacy recognises that in tenement areas where infill development is proposed, such as this the new building, it should be designed so that the eaves roof form is no greater in height then the adjacent residential buildings. The proposal complies with these requirements.

The proposal is satisfactory in terms of residential amenity.

f) Five car parking spaces have been provided. Three of these are integral to the townhouses proposed. The site is located on public transport routes and is easily accessible to the city centre.

Transport Planning has no objections to the proposed development subject to conditions on communal car parking spaces and a dropped kerb. A legal agreement has been stipulated to ensure a £12,500 contribution towards the City Car Club and £4,500 contribution to public transport improvements and real time information. It is likely that car club spaces will be located at Brandon Terrace to accommodate the development.

The proposal is satisfactory in terms of parking and traffic implications.

g) The site falls under the remit of the Water of Leith Flood Protection ~cheme due to its close proximity to the river. The proposal includes preliminary details of a flood defence wall proposed. The sill levels proposed exceed 12.16m as required by Flood Prevention. A condition has been attached to the consent to ensure that structural details and calculations shall be submitted to Flood Prevention for approval. The proposal satisfactorily addresses the close proximity of the site to the river and will not result in adverse flood implications.

There are no flooding issues.

There is potential that there may be some remains of archaeological interest on the site. It is therefore recommended that a condition be attached relating to a programme of archaeological works for the site.

The proposal is satisfactory in terms of archaeology 7

Conclusion

In conclusion, the proposals comply with the development plan and any infringement of non- statutory guidance is minor.

The proposed design and layout of the building are acceptable and will preserve and enhance the character of the conservation area. The applicant has been able to demonstrate that there will be no adverse impact on the residential amenity of the neighbouring properties and that the residential amenity of the proposed dwellings is acceptable. There are no material considerations which outweigh this conclusion.

It is recommended that the Committee approves this application subject to conditions relating to materials, parking, archaeology, noise, and opening and delivery times for the commercial units, ventilation for the restaurant and the conclusion of a 575 agreement relating to transport requirements.

REASON FOR DECISION

The proposal complies with the development plan and represents a minor infringement of the Councils non-statutory guidance. The scale and design are acceptable, protect and enhance the character and appearance of the Conservation Area, and there will be no loss to existing residential amenities. There are no other material considerations which outway this. 8

John Bury Head of Planning

Contact/tel Jennifer Zochowska on 0131 5293793

Ward affected A12 - Leith Walk

Local Plan Edinburgh City Local Plan Statutory Development Plan Conservation Area Provision Date registered 15 April 2009

Drawing numbersl 01, 02, 03(A)-09(A), 10 Scheme Scheme 2

Advice to Committee Members and Ward Councillors

The full details of the application are available for viewing on the Planning and Building Control Portal: www.edinburgh.gov.uk/planning.

If you require further information about this application you should contact the following Principal Planner, Paul Devaney on 0131 529 3519. Email: [email protected].

If this application is not identified on the agenda for presentation, and you wish to request a presentation of this application at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting on extension 4229/4239. Alternatively, you may e-mail [email protected] or [email protected] 9

Appendix A ·EDINBVRGH· THE CITY Of EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Application Address: 1,2, 3 - 6 Canonmills Bridge Edinburgh EH35LF

Proposal: Erect mixed use, development of 2 restaurants, 6 flats and 3 townhouses

Reference No: 09/00830/FUL

Consultations, Representations and Planning Policy

Consultations

Environmental Assessment

Environmental Health has no objections to the proposed development subject to the following condition:

Restaurant Unit

1) The design and installation of any plant machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

2) The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

3) All music and vocals, amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

4) Deliveries and collections, including waste collections, to be restricted to 07.00 - 20.00 hours, Monday to Sunday.

5) The kitchens shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted to roof level to ensure that no cooking odours escape or are exhausted into any neighbouring premises, all to the satisfaction of the Head of Planning. 10

Further comments were received 12th May 2010 which reiterated the previous comments and added further comments

Commercial Unit

1) The design and installation of any plant machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

2) The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

3) All music and vocals, amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

4) Deliveries and collections, including waste collections, to be restricted to 07.00 - 20.00 hours, Monday to Sunday.

Transportation Planning

There are a number of issues I would wish to see satisfactorily addressed before I can consider a formal response:

1. Motor vehicle parking

a. The proposed 2 parking spaces for the 6 flats falls below the Council's current parking which I require 1 space per unit with an additional 25% provision for visitors, a total of 8 spaces. I would wish to see clear justification of this departure from standards; b. Provision of fewer than the number of spaces outlines above would require the spaces to be (i) unallocated to any particular flat;(ii)adopted (iii)available for public use; and(iv)brought within the controlled parking scheme; c. Current Council standards state that communal spaces should not lie more than 30m along a road available for car use; d. The proposed location of the parking spaces is likely to be to the detriment of pedestrian safety and convenience, i.e. vehicles should not be required to cross the footway; e. At least 1 space will be required to be suitable for the use of disabled drivers and designated as such by a suitable traffic order; 11

2. Cycle parking

a. the proposed location of parking for the flatfed properties does not comply with the current Council policy which requires residential cycle parking to be secure and conveniently located for the building;

b. Council standards require a minimum of 1 space per flat;

3. Servicing - I am concerned that the shared area for servicing and access to residential properties may lead to conflict between vehicles and pedestrians;

4. Access to the service area should be by dropped kerb, i.e. not bellmouth opening;

5. Refuse - the proposed location of the refuse bins is not convenient for the flats and may lead to refuse being deposited on the footway on Canonmills Bridge.

I would therefore ask that the application be continued.

Further comments were received 19 May 2010

My memorandum of 22 June 2009 set out a number of issues to be addressed before I could consider a formal response. The following issues still require to be addressed:

1. Motor vehicle parking a. The proposed 2 parking spaces for the 6 flats falls below the Council's current parking which I require 1 space per unit with an additional 25% provision for visitors, a total of 8 spaces. I would wish to see clear justification of this departure from standards; b. Provision of fewer than the number of spaces outlines above would require the spaces to be (i) unallocated to any particular flat;(ii)adopted; (iii)available for public use; and(iv)brought within the controlled parking scheme; c. Current Council standards state that communal spaces should not lie more than 30m along a road available for car use; d. The proposed location of the parking spaces is likely to be to the detriment of pedestrian safety and convenience, i.e. vehicles should not be required to cross the footway; e. At least 1 space will be required to be suitable for the use of disabled drivers and designated as such by a suitable traffic order; 12

2. Access to the service area should be by dropped kerb, i.e. not bellmouth opening

I would therefore ask that the application be continued. My concerns regarding servicing, cycle parking and refuse collection appear to have been satisfactorily addressed.

Further comments were received 23 June 2010

Consent should not be issued until the applicant has entered into a suitable legal agreement to provide the following:

1. £12,500 contribution for City Car Club;

2. £4,500 contribution to public transport improvements and real time information.

I have no objection to the proposed application subject to the following conditions and informatives as appropriate:

1. the proposed 2 No. parking spaces to be for the communal use of the flats and must not be allocated to any particular property;

2. access to the service area, town houses and parking area to be dropped kerb and not bellmouth opening.

Note: Current Council parking standards would normally require 1 space per flat with an additional 0.25 spaces per unit for visitors: a total of 8 spaces for the flats in this case. However, given the development's location within the controlled parking zone, the proximity of public transport and the provision for car club, I have no objection to the proposed application.

Flooding The site is at risk of flooding and therefore should be accompanied by a flood risk assessment. Much of the information required for the flood risk assessment will be available from the Council.

The proposed building will form part of the Water of Leith Flood Prevention Scheme, which as confirmed included strengthening and waterproofing of the existing building. It will be necessary for the wall of the proposed building adjacent to the river to be designed to withstand the loading from water at the designed level of the proposed flood wall, which is 12.16mAOD. The application shows windows in this wall, but no level is shown for the sill which must be above 12. 16mAOD. l3

The application shows the existing wall partially retained on the riverbank north of the building. This wall is to be strengthened under the flood prevention scheme. The building must therefore also tie in to this wall, and access must be allowed for the Council to carry out this work. The strengthening work may require slight amendment to the bin store.

The flood risk assessment should therefore include structural calculations showing the design of the development will fulfill the requirements of the Flood Prevention Scheme. If there are any queries about these requirements I would be happy to provide advice through the Council's consultants

Further comments were received on 19th July 2010

The amended plans do not include the details required to show compatibility with the Water of Leith Flood Prevention Scheme, as described in my previous memo of 2nd June 2009. In particular, there are no structural calculations, and the drawings do not show the sill level of the basement windows on the river side.

I would be prepared to accept a condition that the developer should get Approval in Principle for the building wall which forms part of the flood defence - that would involve submitting the structural details and calculations to this unit for approval. These must include the boundary wall and its tie-in to the new flood wall on Warriston Road; the current drawings do not show the proposals for this wall.

The sill level of the windows must be no lower than 12. 16m ADD, as stated in my memo. This should be shown on the drawings and not conditioned.

Curator of Archaeology Further to your consultation request I would be like to make the following comments and recommendations in respect to this application by Glovart Holdings Ltd to erect a mixed use development of 2 restaurants, 6 flats and 3 townhouses at Canonmills.

The site lies on the southern bank of the Water of Leith adjacent to Canonmills Bridge, a position that places the site at the heart of the medieval settlement of Canonmills. Canonmills, as the name implies, was given to in its foundation charter of 1128AD as the site for its mill. By 1422AD these mills were established as part of the pension off the abbot of Holyrood (Stuart Harris, Place Names of Edinburgh). The present buildings of 1-6 Canonmills appear between the publishing of the first (1853) and second (1875) editions of the Ordnance Survey Maps and were originally associated with a marble works. 14

Given the sites location within the historic core of medieval settlement of Canonmills this application must be considered under Scottish Government Planning Policy Scottish Planning Policy 23: Planning and the Historic Environment (2008) and Planning Advice Note 42 (PAN42) and also Edinburgh City Local Plan 2007 policies ENV4-5, ENV7 and ENV8. The aim should be to preserve archaeological remains insitu as a first option, but alternatively where this is not possible, archaeological excavation or appropriate level of recording may be an acceptable alternative.

Having assessed the potential direct impacts of this scheme upon both conservation area in terms of the loss of both the Victorian 1-6 Canonmills and upon any buried remains, it is considered that the impact of this application upon either aspect, would not justify refusal of consent on archaeological grounds. It is essential however that a suitable (excavation &Ievel 2 historic building survey) programme of archaeological works are undertaken by a professional archaeological company, prior to an during development. This is in order that a record of 1-6 Canonmills is undertaken and also to record and excavate any significant buried remains where preservation insitu is not possible.

It is recommended therefore that the following condition be attached to any consent granted to ensure that the required measures are undertaken to protect and record the site's archaeological heritage; 'No development shall take place on the site until the applicant has secured the implementation of a programme of archaeological work (excavation, analysis and reporting, publication)in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. '

The work must be carried out by a professional archaeological organisation, working either to a brief prepared by CECAS or through a written scheme of investigation submitted to and agreed by CECAS for the site. Responsibility for the execution and resourcing of the archaeological work and for the archiving and appropriate level of publication of the results lies with the applicant.

Representations

Scheme 1 was advertised on 1st May 2009 and attracted 16 letters of representation. Letters, from The Cockburn Association, The Inverleith Society, Malcolm Chisholm MSP, New Town & Broughton Community Council, Warriston Crescent Residents Association, 9 letters from residents, Water of Leith Conservation Trust and 1 letter of support.

The material points of objection/ concern are: a. Issues of principle, taken in to account of in assessment a.: 15

b. Conservation and design issues, taken into account of in assessment b.: - overshadowing, height - out of character with conservation area - poor quality design and materials

c. Residential amenity issues, taken into account of in assessment d.: - overshadowing and loss of privacy

d. transport issues, taken into account of in assessment e.: - parking problems

e. any other issues, taken into account of in assessment f.: - flooding issues

The letter of support refers to the retention of commercial buildings at ground floor, design of the new development

A second scheme was advertised on 11th February 2010 and representators were renotified. Twelve further letters were received, reiterating the above objections

Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street.

Planning Policy

The application site is located within Inverleith Conservation Area of the Edinburgh City Local Plan where the existing character and appearance is to be retained and enhanced.

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Env 6 (Conservation Areas - Development) sets out criteria for assessing development in conservation areas.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection. 16

Policy Hou 1 (Housing Development) supports housing on appropriate sites in the urban area, and on specific sites identified in the Plan.

Policy Hou 3 (Private Open Space) sets out the requirements for the provision of private open space in housing development.

Policy Hou 8 (Inappropriate Uses in Residential Areas) establishes a presumption against development which would have an unacceptable effect on the living conditions of nearby residents.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'DAYLlGHTING, PRIVACY AND SUNLIGHT' set criteria for assessing proposals in relation to these issues.

Non-statutory guidelines on 'PARKING STANDARDS' set the requirements for parking provision in developments.

Other Relevant policy guidance

The Inverleith Conservation Area Character Appraisal emphasises the predominance of Georgian, Victorian and Edwardian villas and terraces which form boundaries to extensive blocks of public and private open space. The villa streets are complemented by a profusion of mature trees, extensive garden settings, stone boundary walls and spacious roads. The villas are in a considerable variety of architectural styles, unified by the use of local building materials. Policy Env 3 (Listed Buildings - Setting) identifies the circumstances in which development within the curtilage or affecting the setting of a listed building will be permitted. 17

Appendix B ·EDINBVRGH· THE CITY Of EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Application Address: 1, 2, 3 - 6 Canonmills Bridge Edinburgh EH35LF

Proposal: Erect mixed use, development of 2 restaurants, 6 flats and 3 townhouses

Reference No: 09/00830/FUL

Conditions/Reasons associated with the Recommendation

Recommendation

It is recommended that this application be GRANTED

Conditions

1. No development shall take place until the structural details and calculations for the building wall which forms part of the Flood Defence shall be submitted and approved by the Council as Planning Authority. The details shall include the boundary wall and its tie in to the new flood wall on Warriston Road, to the satisfaction of the Head of Planning. These works are to be completed prior to the occupation of the first unit within the development

Restaurant and commercial units

2. The design and installation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

3. The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

4. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

5. Deliveries and collections, including waste collections, to be restricted to 07.00-20.00 hours, Monday to Sunday. 18

6. The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted to a suitable exhaust point to ensure that no cooking odours escape or are exhausted into any neighbouring premises, all to the satisfaction of the Head of Planning.

7. Unit B, as shown on the approved plans as a Commercial Unit will only be used for purposes falling within Classes 1,2,3,4, of the Town and Country Planning (General Permitted Development) () Order 1992, as amended.

8. No development shall take place until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Head of Planning, having first been agreed by the City Archaeologist.

Reasons

1. flood reason

2. In order to safeguard the amenity of neighbouring residents and other occupiers.

3. In order to safeguard the amenity of neighbouring residents and other occupiers.

4. In order to safeguard the amenity of neighbouring residents and other occupiers.

5. In order to safeguard the amenity of neighbouring residents and other occupiers.

6. In order to safeguard the amenity of neighbouring residents and other occupiers.

7. In order to safeguard the amenity of neighbouring residents and other occupiers.

8. In order to safeguard the interests of archaeological heritage. 19

INFORMATIVES

It should be noted that:

1. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

2. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123( 1) of the Town and Country Planning (Scotland) Act 1997.

3. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

4. Consent shall not be issued until a suitable legal agreement has been concluded in relation to the Edinburgh City Car Club

5. Consent shall not be issued until a suitable legal agreement, including those requiring a financial contribution payable to the City of Edinburgh Council, has been concluded in relation to transport infrastructure.

End 20

Appendix C

·EDINBVRGH· THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Planning Permission Proposal: Erect mixed use, development of 2 restaurants, 6 flats and 3 townhouses

Reference No: 09/00830/FUL

13.rm _.i"~ v~~ ~

Location Plan Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number 100023420 The City of Edinburgh Council 2005.