4(5) 09/16 Perth and Kinross Council Development Control Committee –14 January 2009 Report by Development Quality Manager
Erection of additional mental health facilities (in outline) at Murray Royal Hospital, Muirhall Road, Perth, PH2 7BH
Ref: No: 08/02078/OUT Ward No: 11 – Perth City North
Summary
This report recommends approval of a proposed increase in site area from that of the approved planning application 06/02346/OUT on the grounds that the modification does not create any additional planning issues which were not fully considered previously.
LOCATION AND DESCRIPTION OF SITE
1. The application site comprises 17 ha of the northern part of the Murray Royal Hospital grounds. A small wedge at the north eastern corner of the site encroaches onto land outwith the boundary of the hospital.
PROPOSAL
2. The proposal is for outline planning consent for the erection of new hospital facilities on the northern half of the Murray Royal Hospital site. The application is a modification of the previously approved application 06/02346/OUT, consisting of enlarging the area covered by the planning consent from 14 ha to 17 ha. The reason for increasing the size of the site is purely to assist NHS Tayside in the PPP bidding process for the detailed proposal by offering a larger area for the required mental health facilities to be sited on.
3. The new facilities which will be built as per the previous consent are required to update the existing facilities. The new buildings will consist of:
• General adult psychiatry unit (approx 60 beds) • Psychiatry for old age (approx 30 beds) • Medium and Low Secure Care Clinic (67 beds approx)
4. The applicant has submitted an indicative layout for the new build, which is the same as the one submitted as part of the previous planning application. As the proposal will be implemented through a PPP project, NHS Tayside have confirmed that the layouts of the buildings will undoubtedly change once the detailed application for reserved matters is subsequently submitted by the successful bidder. The sole purpose of this application is therefore to provide a slightly larger planning unit for the successful bidder to work with.
67 SITE HISTORY & BACKGROUND
06/02346/OUT- Erection of new Mental Health Facilities at Murray Royal Hospital in Outline
5. This application was approved, subject to conditions and a Section 75 Agreement by the Development Control Committee on 14 June 2007.
NATIONAL PLANNING GUIDANCE AND ADVICE
6. The Scottish Government expresses its planning policies through The National Planning Framework, a series of National Planning Policy Guidelines (NPPG), which are currently being replaced by Scottish Planning Policy (SPP) and Planning Advice Notes (PAN), which are practice statements. The following documents are relevant to this proposal.
• SPP1 - The Planning System • SPP11 - Planning & Open Space • SPP17 - Transport & Planning • NPPG18 - Planning & the Historic Environment • SPP21 - Green Belts • PAN 65 - Planning and Open Space • PAN 68 - Design Statements • PAN 75 - Planning for Transport
Memorandum of Guidance on Listed Buildings & Conservation Areas (1998)
7. This document, produced by Historic Scotland, provides guidance to Planning Authorities on how to deal with planning applications which affect both Listed Buildings and Conservation Areas, and the settings of both. As there are a number of listed buildings within the grounds of the hospital, their settings are potentially affected by any new development. The application has been advertised as potentially affected the setting of a listed building(s).
DEVELOPMENT PLAN
8. The approved Development Plan for the area comprises the Perth and Kinross Structure Plan 2003 and the Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000).
Perth & Kinross Structure Plan 2003
9. Environment and Resources Policy 5 states a Green Belt will be designated to protect the setting of Perth and there will be a strong presumption against built development. Only in exceptional circumstances will development be
68 permitted. The Perth Area Local Plan will define in detail the inner and outer boundaries based on the need to:
• allow for long term expansion to the west along the A85 corridor for business uses. • sustain the existing separation and identity of Scone. • provide village envelopes around Aberdargie, Almondbank, Glencarse, Kinfauns/Walnut Grove, Pitcairngreen, Rhynd and Scone to accommodate planned development. • accommodate long term growth to the north-west. • ensure that any developments which are permitted demonstrate a significant environmental enhancement within the Green Belt.
10. In addition, the Local Plan should develop policies to manage the Green Belt by promoting opportunities for woodland planting, access and recreational uses.
11. Environment and Resources Policy 8 seeks to ensure that the rich and varied cultural heritage resources of Perth and Kinross are recognised, recorded, protected and enhanced as appropriate. New development which would adversely affect Listed Buildings, Conservation Areas, Scheduled Ancient Monuments, Historic Gardens and Designed Landscapes or their settings will not be permitted unless there is a proven public interest where social, economic or safety considerations outweighs the cultural interest in the site. The same protection will be afforded to sites proposed for designation. Other important archaeological sites or landscapes will also be protected from inappropriate development. Local Plans will bring forward policies for their protection and enhancement.
Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000)
12 The site lies primarily within an area zoned for residential and compatible uses, with a very small section extending into the AGLV. Much of the site is considered to be within the setting of the main Listed Building. The following Local Plan policies are therefore applicable.
13. Policy 41 (General residential) identifies areas of residential and compatible uses within the Perth City where existing residential amenity will be retained and where possible improved. Where sites in other uses become available for development, housing will generally be the most obvious alternative use. Some scope may exist for infill development, but only where this will not significantly affect the density, character or amenity of the area concerned. Small areas of private and public open space will be retained where they are of recreational or amenity value to their surroundings. Change of use to hotel, boarding and guest house use will be permitted normally only on the main radial routes in the city.
14. Policy 54 (Area of Great Landscape Value) identifies an Area of Great Landscape Value where there will be a presumption against built development. Encouragement will be given to sensitive tree planting schemes, improved public access and informal recreational provision.
69
15. Policy 59 (Listed Buildings) states that there will be a presumption against planning consent for the demolition of listed buildings and a presumption in favour of consent for development involving the sympathetic restoration of listed buildings, or other buildings or architectural value. The setting of listed buildings will also be safeguarded.
Draft Perth Area Local Plan 2004
16 In the Draft Plan, the site lies mostly within an area zoned for social, community, recreational and educational facilities, partly zoned for open space (the football pitch), partly within housing site PH1 and partly within an AGLV.
17. Members will be aware that on 30 January 2008 the Council’s Enterprise and Infrastructure Committee took the decision not to progress this plan to a finalised stage. Therefore, although the contents of the Draft Plan should be noted, I consider the weighting which is given to its policies and proposals should be limited at this point in time.
CONSULTATIONS
18. The Environmental Health Manager has commented on the proposal in terms of air quality, noise, odours and contaminated land and raised no concerns subject to appropriate conditions being attached to the consent.
19. Bridgend, Gannochy & Kinnoull Community Council have indicated they are very supportive of the healthcare developments proposed for the Murray Royal site, subject to three provisos which are: that the whole Murray Royal site is retained for health care purposes; that the park land is retained and that the traffic problems are resolved. Although the Community Council acknowledge that the new application addresses some of these concerns, they still have concerns which principally relate to traffic and air quality problems associated with the local area.
20. Historic Scotland & SportScotland were both consulted as part of the consultation process of 06/02346/OUT. Neither raised concerns over the final proposal in principle, although both sought to be involved in Reserved Matters application. In addition, Historic Scotland were formally consulted on this application due to the revised boundary, however, they declined to comment further.
REPRESENTATIONS
21. At the time of writing, one letter of representation has been received raising concerns relating to road safety.
22. In addition to this, the Architectural Heritage Society of Scotland has objected to the proposal on the grounds that there is insufficient information to fully
70 consider the potential impact of the new build on the setting of the listed buildings.
APPRAISAL
Relevance of Previous Consent 06/02346/OUT
23. As stated previously, the purpose of this application is to enlarge the available site to create more options for the successful PPP bidder. As the extra wedge of land (3 ha) already forms part of the existing hospital site (as opposed to extending it), I consider this application to be a simple modification to what has already been approved by the Council, as opposed to a significant change. As the only change is a boundary alteration, I consider it to be unnecessary for the Council to re-visit the overall principle of the new Mental Health Facilities which was a matter of some debate previously.
24. However, for information purposes, the key discussion points of the last application are outlined below.
Development Plan
25. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise.
26. In terms of the approved Development Plan, the use of the land for medical purposes is entirely appropriate and in line with the existing use of the site, which is principally a mental health hospital. However, as part of the modified site encroaches into the AGLV along the eastern boundary (as was the case for approved application), the proposal technically constitutes a departure from the Development Plan. As this departure was acceptable to the Council as part of the consent for 06/02346/OUT, I consider there to be no reason to change the justification for it.
27. The change in the boundary relates to taking more of the existing hospital site to become available for the successful PPP bidder, not further extending into the AGLV. I therefore do not consider there to be any additional policy implications arising from the proposed boundary enlargement, albeit the issue of the protecting the setting of the listed buildings along the southern boundary will need to be concerned in more detail at the reserved matters stage. The application has been advertised as a departure from the Development Plan and potentially affecting the setting of a listed building.
71 Acceptably of New Medium and Low secure Facilities
28. Some concerns were expressed by local residents regarding the proposed medium secure unit on the site. However, as this element is not changing from the 06/02346/OUT, I do not consider it appropriate to revisit this consideration as the Committee have already approved the principle of the new facilities. What is now under consideration is for a larger site to accommodate the same level of facilities, not additional facilities.
Road and Traffic Issues
29. Vehicle movements generated by the new facilities will not have a significant impact on the volume of vehicle movements within the local road network. This is that, by extending the site there will not be a corresponding increase in the extent of the proposed health facilities and therefore as a consequence would not increase the total traffic generation. As part of any detailed submission, a Green Travel Plan (GTP) will be produced with all the key stakeholders involved. Concern has been raised by the BGKCC1 that the GTP has yet to be progressed to any notable stage; however, at an outline stage, all the Council is able to do is approve the principles of the GTP, but without any details we are not able to go into the specifics of the GTP. Once a successful bidder has been appointed, a detailed GTP will be produced which the Council can then comment on in detail, and if necessary attach more specific conditions to any consent for reserved matters.
Air Quality
30. The Air Quality Assessment (AGQ) submitted in support of the application highlights the potential for increased vehicle movements through areas of already poor air quality, i.e. the junction of Main Street, West Bridge, Lochie Brae and Gowrie Street. The Environmental Health Manager advises that “although the potential increase in road traffic movements will not assist congestions, any increase as a result of this development will not have a significant detrimental effect on the existing quality of air in this existing ‘hot- spot’ as a direct result of this proposal. Perth and Kinross Council’s Draft Air Quality Action Report is currently at the consultation stage and will include sufficient mitigation measures to address the air quality impacts of this proposal.”
Relocation of the existing football pitch
31. Prior to the issuing of the previous planning consent, a legal agreement was signed by the current landowners of the football pitch (NHS Tayside). This agreement requires the landowner of the pitch to replace the football pitch if the current pitch becomes unavailable. As this legal agreement ties the obligation to replace the pitch with the landowner, as opposed to planning consents, there is no requirement to update this agreement.
1 Abbreviation for Bridgend, Gannochy and Kinnoull Community Council
72 Impact on existing residential amenity
32. As part of the approved application, a landscape strip, 25m in depth was to be provided along the boundary between the new facilities and the existing properties along Gannochy Road. This strip will reduce any noise arising from the new buildings, and also provide sufficient screening of the new buildings to prevent any significant levels of overlooking occurring. Concerns have been raised by the BGKCC that this strip is not shown on the submitted plans; however, as this application is in outline, I consider it entirely reasonable to deal with this requirement via the recommended imposed condition, as was done with the previous consent.
Impact on the Cultural Heritage
33. There are several Listed Buildings within the grounds of Murray Royal, however none of these are proposed to be demolished or physically altered as part of the development of the hospital’s mental health facilities. The main consideration in terms of the Listed Buildings is the impact that the new buildings will have on the settings of them. During the consideration of the previous outline application, the Council’s Conservation Section and Historic Scotland considered that, with appropriate siting of the new buildings, sympathetic elevations and structural landscaping, the setting of these protected buildings would not be adversely affected. Such consideration will be made at the Reserved Matters stage when the detailed proposals are known and the potential impact on the settings of the Listed Buildings can be fully considered, partly in terms of the impact on the listed chapel and the main building immediately outwith the southern boundary. In particular, the inclusion within the site of the land, and therefore buildings adjacent to the chapel, will be an important issue for the Reserved Matters stage.
Impact on the existing Right of Way
34. The Right of Way (ROW) CC39/28 which runs along the current north eastern boundary is potentially affected by the proposal. However, if the existing ROW is to be permanently blocked or obstructed, a condition will require it to be diverted prior to the commencement of the development and finished to a standard acceptable to the Council. The Community Greenspace Manager has raised no objection to this possible scenario.
CONCLUSION
35. Despite the sensitivity of the previous application, this proposal is simply for a modification of the planning unit boundary from the approved scheme and has raised very few objections. As a result, the proposals are therefore considered to be acceptable.
73 RECOMMENDATION
A Approve the application subject to the following conditions -
1. The following reserved matters:- the siting, design and external appearance of the development, the landscaping of the site, all means of enclosure, the car parking, means of access to the site, a detailed tree survey and tree management plan and a risk appraisal, in consultation with relevant bodies, of the Medium Secure Unit shall be approved by the Council as Planning Authority.
2. The Reserved Matters shall be submitted for the approval of the Council as Planning Authority, in the form of a written application accompanied by detailed plans not later than:- (i) the expiration of three years from the date of the grant of outline planning permission. (ii) the expiration of six months from the date on which an earlier application for such approval was refused, or (iii) the expiration of six months from the date on which an appeal against such refusal was dismissed; whichever is the latest.
3. The development to which this permission relates must be begun not later than:- (i) Five years from the date of the permission; or (ii) Two years from the date of the final approval of all reserved matters.
4. The layout, size and elevations of all buildings are for indicative purposes only and are not approved at this stage.
5. The Public Right of Way (CC39/28) must be diverted along the north eastern boundary of the application site prior to the commencement of the development and a new path formed to satisfaction of the Council as Planning Authority.
6. All new buildings shall be no higher than single storey in appearance.
7. All matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council, as Roads Authority, and to the satisfaction of the Council as Planning Authority.
8. No part of the development shall be occupied until a Green Travel Plan (GTP), aimed at encouraging more sustainable means of travel, has been submitted and approved in writing by the Council. The GTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan.
74 9. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable sustainable urban drainage systems to meet the requirements of best management practices.
10 The provision of a 25 metre landscape strip to between the proposed development and the existing properties along Gannochy Road shall be incorporated into any detailed submission, unless otherwise agreed in writing by the Council as Planning Authority.
Reasons-
1. This is an application in outline
2-3 In accordance with the terms of Section 59 of the Town and Country Planning (Scotland) Act 1997)
4. This is an application in outline
5. In order to safeguard the existing right of way
6. In the interest of visual amenity
7-9. In the interests of pedestrian and traffic safety and in the interests of free traffic flow
10. In the interest of visual amenity
B PROCEDURAL NOTES
None
C INFORMATIVES
1. Applicants are advised that, should their application for Reserved Matters be refused, and/or their appeal against such refusal dismissed outwith the three year time limit, they are entitled to submit a revised application for Reserved Matters within six months after the date of refusal of the earlier application or of the dismissal of an appeal against such refusal.
2. The applicant is advised that in terms of Section 21 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency.
75 3. The applicant is advised that in terms of Section 56 of the Roads (Scotland) Act 1984 he must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency.
D JUSTIFICATION FOR DEVELOPMENT PLAN DEPARTURE
The departure from the Development Plan (encroachment into the AGLV) is not considered a significant departure and is required to help secure new mental health facilities for Murray Royal Hospital. I therefore consider this Development Plan departure as justified.
Background Papers: 3 letters of representation Contact Officer: Andy Baxter – Ext 75339 Date: 26 December 2008
Nick Brian Development Quality Manager
76 77 08/02078/OUT
Additional conditions with regard to Environmental Health to be added to the Murray Royal Report
Conditions
11 The installation of a heating system which combusts solid fuel shall not take place unless and until an Air Quality Assessment, providing information of an equivalent standard to that required by Local Air Quality Management Technical Guidance, has been submitted and approved by the planning authority.
12 All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organisation (ISO) Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on an ISO rating curve chart.
13 An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained such that cooking odours are not exhausted into or escape into any nearby dwellings.
14 Development shall not begin until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:
I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures
15 Prior to the occupation of any residential unit, the measures to decontaminate the site as approved by the Council as planning authority shall be fully implemented.
Reasons
11 To protect local air quality
12 To protect the local residential amenity
13 To protect the local residential amenity
14 To ensure the site is suitable for residential use.
15 To ensure the site is suitable for residential use.