DEVELOPMENT MANAGEMENT COMMITTEE

Report by Development Management Manager

1 DESCRIPTION

Erection of 4 flats and 1 house and associated works at Land at Philpstoun Bowling Club, Philpstoun

2 DETAILS

Reference no. 0443/FUL/15 Owner of site Council Applicant West Lothian Ward & local Council members Tom Conn Martyn Day Tom Kerr Case officer Wendy McCorriston Contact details Tel: 01506 282406 Email: [email protected]

Reason for referral to Development Management Committee: More than 14 objections.

3 RECOMMENDATION

3.1 Grant permission subject to conditions and the payment of developer contributions.

4 DESCRIPTION OF THE SITE AND PROPOSAL

4.1 The application is for the construction of one house (two bedrooms) and a block of four cottage flats (one bedroom) on the site of the former bowling clubhouse and carpark within the settlement boundary of Philpstoun. The site is currently vacant. The existing bowling green and small pavilion remain to the north of the site. The proposed buildings are two storeys in height and will be set out according to the layout plan attached to this report. The buildings will be finished with a facing brick base course, render above and concrete roof tiles. One parking space is provided to the front of each property for residents. The initial plan showed two visitor parking spaces at the north end of the site but, following clarification of the boundary (and land which is on lease to Philpstoun Bowling Club), this has been reduced to one space.

4.2 The site is within the settlement boundary of Philpstoun, as identified in the adopted West Lothian Local Plan (WLLP) and is a new allocation for 5 housing units (H-PH1) in the proposed West Lothian Local Development Plan (LDP). The draft planning guidelines for the site also identify it as being suitable for 5 units. The site will contribute to the council’s commitment to construct 1000 council houses by 2017. There is no relevant planning history for the site

5 PLANNING POLICY ASSESSMENT

5.1 The development plan comprises the South East Strategic Development Plan (SESPlan) and the West Lothian Local Plan (WLLP).The proposed West Lothian Local Development Plan (LDP), which has been issued for public consultation, is a material consideration in the determination of planning applications. Since the application is not of a strategic nature, there are no relevant policies in SESPlan.

1

5.2 The following development plan policies and guidance apply:

Plan Policy Assessment Conform? West Lothian HOU2 This policy presumes in favour of developments within Yes Local Plan (development settlements subject to a number of criteria including, (WLLP) within that there is no adverse impact on adjacent uses, that settlements) the site can be serviced without excessive resource commitment, that it is not identified in the local plan for an alternative use and, the site is not of important open space value where COM2 would apply. In addition, the policy makes provision for development briefs/guidelines to be prepared. The proposed development is acceptable and accords with the terms of policy HOU2 and the draft planning guidelines for the site.

WLLP HOU9 The proposed buildings will be similar in scale and Yes (residential and appearance to the properties in Pardovan Cresecent visual amenity) and will not be detrimental to the established visual amenity of the area. The development of this vacant site will be a visual improvement for the area The proposed houses are located to ensure that all privacy and overshadowing standards are met. The loss of on street parking as a result of the development and the reduction in the proposed visitor parking is considered in more detail under policies TRAN 32 &33 below. The development will not be detrimental to the residential amenity of the area.

WLLP IMP6 (surface This policy requires developers to comply with best Yes water run-off) practice in respect of SUDS and where appropriate submit a drainage strategy to support their planning application. The application has been submitted with a drainage strategy and drainage layout. These have been assessed by the council’s Flood Prevention Officer and are acceptable.

WLLP IMP15 (design) This policy aims to ensure that high standards of Yes design are achieved and proposals which are poorly designed are not supported. The single storey cottages on The Avenue are of a unique design and layout which it is not intended to try to imitate. Instead the proposed buildings will be similar in scale and design terms to the existing residential development to the south and east on Pardovan Crescent. In this context the design is considered acceptable. The materials can be conditioned to ensure the render colour and roof tiles tie in with these adjacent houses.

WLLP IMP17 (legal IMP17 aims to secure developer contributions for key Yes agreements) infrastructure, facilities and amenities through planning obligations. In this instance, developer contributions will be required for education and cemetery provision.

2

Plan Policy Assessment Conform? Proposed HOU1 This policy supports the development of the allocated Yes Local (allocated housing sites set out in the appendices to the proposed Development housing sites) plan, subject to meeting any specific guidance Plan (LDP) prepared for the site. This site is allocated for the development of 5 housing units (H-PH1) and draft planning guidelines have been prepared. These support the development of two storey housing, fronting west onto The Avenue, subject to ensuring the design is in keeping with the surrounding properties and the development is not detrimental to residential amenity. The development of 5 houses/flats complies with this policy. The design is compatible with adjacent houses on Pardovan Crescent and will not be detrimental to the residential and visual amenities of the area.

6 REPRESENTATIONS

6.1 15 objections have been received from local residents together with one comment regarding a right of access across the application site and two letters regarding the agreement given over the lease of land to the bowling club, which was not reflected in the initial layout plan. The latter matter has since been rectified and an updated/corrected boundary plan submitted. The access matter is an ownership/legal issue which is being looked at separately by WLC Housing and Legal Services. The material planning objections are summarised below. The full representations are attached.

Representation Response Loss of existing on street parking There appears to be an existing issue relating to parking in the area and the increase in parking though this seems to relate mainly to the use of the community demand from the new housing centre on Main Street and occasionally to the use of the bowling which will exacerbate existing green. The standard parking requirement for this size of problems of parking congestion in development is one space per property and two visitor spaces. the village, particularly when the Only one visitor space is proposed. A second visitor space could be community centre and bowling accommodated on site, in a central location, but this would require green are in use. the relocation of a lamppost. In view of this and because the proposal is for mainly one bedroom properties Transportation has raised no objection to the proposal for only one visitor space.

Increased traffic The increase in the number of vehicles accessing the street will be low and Transportation has raised no objections.

Concern that the development The application has been submitted with a drainage strategy and a will have a detrimental impact on drainage layout showing that the development will be connected water and sewerage capacity. into an existing combined sewer adjacent to the site. The council’s Flood Prevention Officer has raised no objections to the proposal.

Lack of education capacity Education has not objected to the application, which is for mainly one bedroom flats. Developer contributions will be required and have been agreed with the applicant.

3

Representation Response Town cramming and loss of Privacy distances between properties meet the appropriate privacy standards, with 25m window to window distances to the rear and 9m from front windows to existing property boundaries. The side windows of the upper flats are non-habitable hall windows. The proposals meet the relevant standards in terms of privacy and overshadowing and will not be detrimental to the residential amenity of the area nor result in town cramming.

Lack of walking routes and The proposed development will be linked to the footpath network provision of community facilities that exists in Pardovan Crescent, with links to the Main Street where there are bus routes and a community centre and play ground. This small in-fill development is appropriate for the settlement size and amenities.

Poor quality design The houses are a standard modern design that whilst not of the same character as the cottages on The Avenue are in keeping with other surrounding houses in Pardovan Crescent. Materials can be conditioned to ensure the render and tile colours match the existing properties.

Impacts from construction traffic Conditions can be attached to any consent to ensure that restrictions are placed on times of construction and the arrival of heavy goods vehicles, together with requirements to keep roads in a clean and safe condition.

7 CONSULTATIONS

7.1 The following is a summary of the consultation responses which were received.

Consultee Comment Response WLC Contaminated Land No objection. A detailed site investigation has Noted. Condition to be Officer been undertaken. Following the submission of the imposed. report of findings, the standard condition requiring a remediation statement and a verification report should be imposed. WLC Transportation No objections to the application, subject to Noted. obtaining the necessary permit for works to the footway. WLC Flood Prevention No objections to the proposals. Noted. WLC Education No objection, subject to standard developer Noted. Contributions contribution requirements. agreed. Scottish Water A standard application for connections to the Noted. The applicant is existing drainage network will be required. aware of this requirement.

8 ASSESSMENT AND RECOMMENDATION

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended, requires planning applications to be determined in accordance with the development plan, unless material considerations indicate otherwise. The application site is within the settlement envelope of Philpstoun, where there is a presumption in favour of housing development provided there is no detrimental impact on surrounding uses or infrastructure constraints.

4

8.2 Draft planning guidelines support the development of the site for 5 residential units. The proposed development of one house and four flats is consistent with the guidelines. The development is also consistent with the housing allocation in the proposed Local Development Plan. The initial error with the north boundary of the site has been corrected by the applicant.

8.3 The proposal has been assessed against the policies in Section 5 above and will not have an adverse impact on adjoining uses. The proposed design is acceptable and comments received from consultees do not raise any significant issues although some conditions are suggested and developer contributions required. The site will contribute to the council’s 1000 council houses programme.

8.4 Material representations received in respect of the application have been given due consideration. These are summarised in section 6 above. The key concern is the likely exacerbation of parking congestion in the area as a result of the proposal. Whilst only one visitor space is proposed, which is below the standard requirement, the provision of a second visitor space would require the relocation of a lamppost. In view of this and because the proposal is for mainly one bedroom properties Transportation has raised no objection to the proposal.

8.5 The proposal accords with the terms of the development plan and the emerging Local Development Plan and it is recommended that planning permission is granted subject to the attached conditions and payment of the relevant developer contributions.

9 ATTACHMENTS

• Draft conditions • Location plan • Aerial • Proposed layout plan • Representations

CHRIS NORMAN Development Management Manager Date: 21 October 2015

5

DRAFT CONDITIONS - APPLICATION 0443/FUL/15

1 Prior to any work beginning on site, a detailed Remediation Statement to bring the site to a condition suitable for the intended use by removing unacceptable risks to all relevant and statutory receptors, must be submitted to and approved in writing by the planning authority. The Remediation Statement must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The Remediation Statement must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land following development.

The approved Remediation Statement must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out the agreed remediation. The planning authority must be given two weeks written notification of the commencement of the remediation works.

Following completion of the measures identified in the approved Remediation Statement, a Verification Report that demonstrates the effectiveness of the remediation carried out must be prepared. The Verification Report must be submitted to and approved in writing by the planning authority prior to commencement of the new use of the land.

Reason In order to identify any issues with the land which may require remediation prior to the land being used as authorised by this permission.

2 Before development begins, the type and colour of materials to be used on the roof and walls of all the buildings and other structures hereby approved, which should match as close as practicable to the materials on the existing houses to the south and east, including samples where appropriate, shall be agreed in writing with the planning authority.

Reason To integrate the building works with the surrounding area in the interests of visual amenity.

3 The landscaping proposals shall be implemented in the first planting season following the occupation of the first house/flat.

Landscaping shall be implemented and maintained for a period of five years until it becomes established, in accordance with BS 3936-1 Nursery stock - Part 1: Specification for trees and shrubs and BS 4428 - Code of practice for general landscape operations (excluding hard surfaces). Any trees which within a five year period following completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species unless the planning authority gives written consent to any variation.

Reason To ensure proper implementation of the planting proposals in the interests of the amenity of the site and the area as a whole.

4 The following restrictions shall apply during the construction of the development :- Construction Traffic Construction vehicles shall not arrive or leave the site except between the hours of 0800 and 1800 Monday to Friday and 0900 and 1300 on Saturdays. No heavy goods vehicles shall arrive or leave the site on Sundays. Hours of Operation Construction works which cause noise that is audible in any noise sensitive premises beyond the boundary of the site shall take place between the hours of 0800 and 1800 Monday – Friday and 0900 and 1300 on Saturdays only. No work that is audible in any noise sensitive premises beyond the site boundary shall occur on a Sunday.

Wheel Cleaning

All construction vehicles leaving the site shall do so in a manner that does not cause the deposition of mud or other deleterious material on the adjacent public highway. Such steps shall include the cleaning of the wheels and undercarriage of each vehicle where necessary and the provision of road sweeping equipment. Site Compound The location and dimensions of any site compound shall be agreed in writing with the planning authority prior to works commencing. All material not required for the construction of any building shall be immediately stored within this compound within sealed skips prior to its removal from site.

Reason In the interests of visual and environmental amenity .

ADVISORY NOTES TO DEVELOPER Please read the following notes carefully as they contain additional information which is of relevance to your development.

Statutory time period for the commencement of development

This planning permission lapses on the expiration of a period of 3 years (beginning with the date on which the permission is granted) unless the development to which the permission relates is begun before that expiration.

Notification of the start of development

It is a legal requirement that the person carrying out this development must notify the planning authority prior to work starting on site. The notification must include full details of the name and address of the person carrying out the development as well as the owner of the land and must include the reference number of the planning permission and the date it was granted. If someone is to oversee the work, the name and contact details of that person must be supplied. A form is enclosed with the planning permission which can be used for this purpose. Failure to provide the above information may lead to enforcement action being taken.

Notification of completion of development

The person who completes this development must, as soon as practicable after doing so, give notice of completion to the planning authority. A form is enclosed with the planning permission which can be used for this purpose.

Contaminated land procedures

In the event that contamination is found at any time when carrying out the approved development that was not previously identified, work on site shall cease and the issue shall be reported in writing to the planning authority immediately. The developer is required to follow the councils Supplementary Planning Guidance Development of land potentially affected by contamination. This document provides developers and their consultants with information on dealing with the planning process in West Lothian when development is proposed on land which is suspected of being affected by contamination. This document and further guidance is provided via the Councils web pages at http://www.westlothian.gov.uk/article/2220/Contaminated-Land Laision with the Coal Authority

As the proposed development is within an area which could be subject to hazards from current or past coal mining activity, the applicant is advised to liaise with the Coal Authority before work begins on site, to ensure that the ground is suitable for development.

Any activities which affect any coal seams, mine workings or coal mine entries (shafts) require the written permission of the Coal Authority. Failure to obtain such permission constitutes trespass, with the potential for court action. The Coal Authority is concerned, in the interest of public safety, to ensure that any risks associated with existing or proposed coal mine workings are identified and mitigated. To contact the Coal Authority to obtain specific information on past, current and proposed coal mining activity you should contact the Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.

Advisory note to developer - General

Please note that it is the developer's responsibility to ensure that all relevant consents and permits are in place prior to starting work on site and that it is the developer's responsibility to contact service authorities to ensure safe connection is possible to allow the development to proceed.

How to challenge the council's Decision

If your application was determined under delegated powers and you disagree with the council’s decision on your application, or one or more of the conditions attached to the decision, you can apply for a review by the council’s Local Review Body. If the application was heard at a committee then you can seek an appeal of that decision to the Government’s Directorate for Planning and Environmental Appeals. You can find information on these processes and how to apply for a review, or to appeal, here: http://www.westlothian.gov.uk/article/2078/Decisions-Reviews-and-Appeals Pavilion

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West Lothian Council Pardovan Crescent Planning Services Philpstoun Development Management Linlithgow I West Lothian CMc Centre West Lothian Howden South Road EH49 6RG Livingston EH546FF ii

FAOWendy McCorristôn th14 July 2015 RepIjed” Dear Madam /

0443/FUL/15: Development of land at Philpstoun Bowling Club Philpstoun, residential development comprising of four flats and one house.

I welcome the opportunity and make representations on the above application for planning permission and wish to make you aware of a number of strong objections that we have with regard to the proposed development of four flats and one house on land at Philpstoun Bowling Club application number referenced above. As an immediate neighbour to the site of the proposed development, we are of the view that the proposed development will have a serious impact on our standard of living. Our specific objections are as follows:

1. Detrimental impact upon residential amenities

West Lothian Local Plan - PolicyHOU9 Development proposals willbe assessed against the need to protect the residential and visual amenity of existing residents and other occupiers.

6.49 - The amenity currently enjoyed by existing residents and other occupiers should not be significantly affected by new development, whether from new housing or other proposed uses. Various policies in this local plan require residential and visual amenity to be taken into account.

6.50 - The scope of amenity considerations is wide, and anything dirty, noisy, crowded, destructive or intrusive may injure the interests of amenity, associated either with the on-site activity of the proposal or the traffic generated. While residential amenity may be a more obvious issue associated with impact from new non-residential development, it may also arise in cases of change of use proposals or even housing development.

We believe that the proposed development is a direct contravention of these policies. It does not respect local context and street pattern or, in particular, the scale and proportions of surrounding buildings and would be entirely out of character of the area to the detriment of the local area. The properties along The Avenue to the rear of our property are typically characterised by single storey properties and therefore are unobtrusive in their design. The proposed dwellings incorporate two storeys with their proportions being considerably higher than the properties on The Avenue so the scale and design of the development will be entirely out of keeping.

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From: Cristi, Linda on behalf of Planning Sent: 17 July 2015 13:31 To: McCorriston, Wendy Subject: FW:0443/FUL/15 - [INTERNALONLbI

DATALABEL:INTERNALONLY

Original Message C0A1 J From: Gillian Sent: 16 July 2015 20:15 Q To: Planning Subject: UL/15 to c Hi

I would like to express my concerns over the erection of a house and 4 flats in Philpstoun. I am concerned about the drainage as the problem is bad enough as it is as I have had to make several calls to both the council and Scottish water regarding the smell of sewage. I am also concerned about road safety as the parking situation will get worse and there are lots of children within the street.

I would be grateful if you could take into account these considerations when making a decision.

Kind regards

Gillian Wilson the avenue Philpstoun Eh49 6re

:

PROTECT:PRIVATE/CONFIDENTIAL- Contains Personal or Business Sensitive Information for authorised personnel only INTERNALONLY:Contains information for council staff only PUBLIC:Allinformation has been approved for public disclosure CLASSIFIED:Contains information that is subject to HMG Classifications of ‘Restricted’ and above

Linkto Information Handling Procedure: http://webwest1.ap.westIoth ian.gov.uk/its/policies/itsecurity/WLC%2olnformation%2oHandling%2oProcedure.pdf

P SAVEPAPER- Please do not print this e-mail unless absolutely necessary.

attheheadofthisletter.

Should

are

Bowling

unanimous

Further

Dear

Howden West

HowdenSouth

Chris

Development

Phllpstoun

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you

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A revl5ed plan teched) with the new boundary has been passed to legal services. I will speak to relevant sohcitor next week to get an indication of when we might eped the lease.

Regards

Grae me

From:

Graeme Subject: RE: Philpstoun Community Bowling Green - [INTERNALONLY]

GoodAfternoonGroeme, lhw’e no iirt anythingfurtherfromyouin relationto the boundaryline of the Bowling Green.

Can you nilvsc ifthe paperworkis comingout to me please?

I lookforward to hnrlng from you.

Many thanks

I yoio

From: Carracher, Groerne Sent: 21 September 2012 12:44 To: Mushet, Lynne Subject: Philpstoun Community Bowling Green - [INTERNALONLY]

DATA LABEL:INTERNALONLY

Lynne

To simplify matters, the eight metre boundary would go the full width of th site (rather than the shorter length we discussed at our fleeting), on the u erstand iJ thinable the club to construc future access to the p uc independent from wh ; on the land to the south. Meantime, until the land to the south is sold or developed, we can continue to g hLofacessoss the corner of the site.

I will have a revised don prepared and will liais with my e colleagues to find out when we should expect the lease to he ready to forv’ard to you. Does the club have i- lciaI repesentotive or should the lease be sent direct to you?

22 ‘03’ 2013 Tel: Acn V17/I IOTM iim Pardovan Crescent I JUL 215 Philpstoun EH496RG

R&To

i A4c’d ca o J443/L/I5 \ — Aopcation site Philpstoun Bowling Iu P ilpstpoun

To Chris Norman,

In regards to the planning application in Philpstoun for four flats and one house (0443/FUL/15) I am writing to express my view and hopefully be able to change some of the application.

Firstly Iwould like to say I do not object to the new build, I actually think it is a good project and will help many peoples’ lives.

What I do object to and my reasoning for my letter is to object to the size of the ground that the flats

and house will be built. As Iam sure you are aware Philpstoun is a small community with very little in it for social aspects, other than the Bowling Green and the community centre. Ifthe application goes ahead as planned some of the bowling club grounds will be taken away, meaning there would be no space for parking for club users or visitors, this meaning that the chances of the Bowling Green staying open in the near future after the build would decrease, this affecting the socialisation of the

residents of Philpstoun, as a social work student I have learnt that this type of thing can be damaging to a small community as it is affecting the society. To add to this, if the application was to go ahead as planned and there was to be an event on at either the bowling green or the community centre with no parking the roads would get very congested and as you will understand this would be dangerous not only for the drivers but for all residents living nearby especially children.

Concerned Resident

Amy Ball gate To: Sent: Regards Subject: not I Keith From: McCorriston, live fit will at Crombie through not Pardovan suffice the Wendy doors Crescent but double ormy in Philpstoun. doors house. 01 McCorriston, Planning Keith July would. I hope 2015 I applicatio((0443/FUL/15 will this 18:22 Wendy require will be access considered out — of when my back - fences garden and buildings as

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