Planning Applications Committee Report s1

Steve Rogers – Head of Planning & Building Standards Services Kirkbank, English Street, Dumfries, DG1 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

Planning Applications Committee Report

ALTERATIONS, CHANGE OF USE AND PARTIAL DEMOLITION OF STORE TO FORM 2 NO. ARTISTS STUDIOS AND ERECTION OF 3 NO. DWELLINGHOUSES AT LAND OPPOSITE CORN MILL HOUSE, MILLBURN STREET, KIRKCUDBRIGHT

Application Type: Full Planning Permission

Applicant: Mrs R Hastings Ref. No.: 11/P/2/0177

Recommendation - Approve subject to conditions

Ward - Dee

Hierarchy Type (if applicable) - Local

Case Officer - Robert Duncan

1 BACKGROUND

1.1 Under the Scheme of Delegation, this application requires to be considered by the Planning Applications Committee because the Council has a land-ownership interest in part of the application site.

1.2 The application site extends to approximately 1175m² and includes the existing former corn mill grain store which fronts onto Millburn Street and land to the rear. The site presently contains the Old Mill grain store which fronts onto Millburn Street itself. The land to the rear of the store building rises. The Mill Burn forms the northern boundary of the application site, and flows under Millburn Street itself via a culvert.

1.3 The proposal involves the retention and adaptation of the buildings presently located along the frontage of the site to Millburn Street to form 2 artists studios. In this respect, the physical changes involve demolition of part of the southernmost part of the building, and the installation of doors to the principal elevation. To the rear of the site 3 new detached dwellinghouses are proposed with car parking and an access leading to 4 car parking spaces. The 3 new proposed dwellinghouses comprise: (i) a single storey detached dwellinghouse with an L-shaped floorplan located to the rear of the site near the eastern site boundary; (ii) a one and three quarter storey detached dwellinghouse located behind, and parallel to, the proposed artists studios, and (iii) a one and three quarter storey detached dwellinghouse located parallel to the access lane branching from Millburn Street and which also serves 'Ashbank', a detached dwellinghouse located immediately to the east of the application site. The design of the new dwellinghouses proposed incorporate dormer windows, timber windows and doors, with external walls finished in a painted wet dash render. It is intended that 4 existing trees on the site would be replaced, with a prominent Ash tree located near the Old Mill retained subject to a detailed survey taking place. It is intended that the development would connect to the public water supply and public sewerage infrastructure.

1.4 A planning application for alterations and change of use of store to form 2 no. dwellinghouses, and the erection of 5 no. dwellinghouses at this site (10/P/2/0213) was withdrawn on 13 October 2010. A planning application to change the use of the neighbouring Old Mill Pottery (Category B listed) to 2 dwellings was granted subject to conditions on 24 April 2006 (Ref No 05/P/2/0455).

1.5 The application site is located within the Kirkcudbright settlement boundary, as defined in the Stewartry Local Plan, and has been identified as KK4 in the Local Plan. The site is also located within the Kirkcudbright Outstanding Conservation Area, within an Archaeologically Sensitive Area designated in the Local Plan, and within the Solway Coast Regional Scenic Area.

1.6 The site does not contain any listed buildings. The nearest to the site are those located at the Old Mill Pottery building (Category B), and the rear of the B listed Johnston School located to the south-west of the application site and on the opposite side of Millburn Street. Millburn House is located to the north of the application site on the opposite side of Millburn Street, and this a Category C(S) listed building.

1.7 A Design Statement has been submitted as part of the application. Part of the application site is in the ownership of the Council.

2 CONSULTATIONS

2.1 Council Roads Officer:- No objections subject to conditions. (a) The submitted drawings indicate that access to the development will be taken off the U322 public road. Also shown on the submitted drawings is a junction improvement at the U322/U316/U323 crossroads junction. The U322 in an easterly direction from this crossroad junction is to be widened as part of this development with 1.8 metre wide footways being provided along the site frontage of the U323 and U322 public roads. Current Council standards indicate that the development shall be served via a cul-de-sac courtyard arrangement constructed to the standard set out in the 'Road Design Standards for Residential Development', published by the Council. (b) Would not be in favour of any development that increases the water flows of Mill Burn over and above the existing levels. (c) The applicant should carry out a Drainage Impact Assessment and also provide calculations showing the pre and post development run-off flow rate for the critical rainfall event. (d) Current Council standards indicate that the appropriate rate of car parking for this type of development will be 1 per dwelling plus 30% visitors. Given that the development is for 3 no. dwellings then the appropriate number of car parking spaces is 4. The submitted drawings show that 4 no. spaces are to be provided.

2.2 Scottish Water:- No objections. Glengap Water Treatment Works currently has capacity to service this proposed development. Kirkcudbright Waste Water Treatment Works currently has capacity to service this proposed development. 2.3 Council Archaeologist:- No objections, subject to condition. (a) The old grain store was integral to the development and use of the neighbouring water mill, a listed building. As set out in the design statement it is a traditional, historic building that has seem a number of uses and changes over time. The building is not designated but is of local heritage interest. (b) This proposal will re-use the store and largely retain its fabric and character. This is welcomed. However there will be changes to the building. It is recommended that the store building is recorded prior to any development or alteration and that the resulting record is publicly available. A condition is recommended to that effect.

2.4 Scottish Environment Protection Agency (SEPA):- No objections (following the receipt of additional information from the applicant on 23 February 2012). (a) Given the regulated flow of the Millburn and the gradient of the site, SEPA recognise that these proposals will not increase flood risk for existing upstream properties, as the difference in elevation relative to the flow in the burn is too great. (b) Flooding events on Millburn Street is a direct result of the culvert passing under the road getting blocked. To help alleviate this problem the applicant is proposing 3 measures: (i) the removal of debris that has fallen into the burn from the site; (ii) the removal of external toilet block that currently acts as a pinch point immediately upstream of the culvert; (iii) the installation of a new culvert screen. Collectively, SEPA believe that these will have a beneficial effect on the conveyance of water under Millburn Street. (c) Millburn is a lade (regulated water body) controlled by an upstream sluice gate. The current sluice gate was installed by and is the responsibility of Dumfries & Galloway Council. SEPA accept that the flow coming down Millburn is a controlled and constant flow. SEPA would therefore confirm the only risk to the upper site is residual risk, and on the basis of the dimensions of the lade SEPA consider this level of risk to be low. (d) SEPA strongly recommend the use of water resistant materials and forms of construction as appropriate and as outlined in PAN69. (e) SEPA expects the applicant to use sustainable drainage techniques to collect, treat and dispose of the surface water runoff arising at the site to ensure no detriment to the water quality of the receiving watercourse. (f) Issues relating to attenuation and the rate of discharge from the development site should be discussed and agreed with the local authority.

[NB - previous SEPA consultation responses objecting to the proposed development dated 13 June 2011 and 21 February 2012 have now been superseded.]

2.5 Council Strategic Housing Services:- No objections. The number of dwellinghouses is below the contribution threshold of 5 units set out in the Council's Local Housing Strategy (LHS).

2.6 Council Flood Risk Officer:- No objections subject to conditions. (a) The site levels would suggest the development will be at low risk of flooding. (b) The cause of flooding in this area is understood to be the burn south of the site where it goes into the culverted section. During times of high flow the screen can become blocked and cause overland flows that floods Millburn Street. The only impact this flooding may have on the development will be the existing stores as the door level here is at street level. The developer should take this into account and put resilience measures in place. The developer should refer to PAN 69 'Planning & Building Standards Advice on Flooding' and CIRIA 624 'Development and Flood Risk - guidance for the construction industry'. (c) Improvements to the Mill Lade at the existing stores would alleviate flooding to Millburn Street. Improvements to be assessed but should include screen improvement with better access for cleaning and culvert widening. The developer has proposed to widen the culvert to counteract the overflowing when the toilet block is demolished. (d) The site is at low risk of flooding and therefore will remove [previous] objection if the developer does not increase the run-off from the site.

2.7 Council Environmental Services Officer:- No objections subject to conditions. (a) Due to inadequate provision for refuse vehicle turning, refuse bins will require to be brought adjacent to Millburn Street on collection days. Provision should be made for this in the plans. (b) Bins for new properties will be supplied by the Council at a cost.

2.8 Council Contaminated Land Officer:- No objections.

3 REPRESENTATIONS

Objection (1): Mr Graham Bryce, Ashbank, Millburn Street, Kirkcudbright

3.1 The points of representation received can be summarised as follows:-

(a) Flooding concerns. The applicant claims that flooding is not an issue. Over previous winters, water has over-flowed down the Glebe and into Millburn Street.

(b) It appears that the applicant has amended the boundary along the eastern end of the site. It is assumed that the applicant no longer intends to place a fence along this boundary but the drawings are ambiguous in this respect.

(c) Concerns that land required for parking will impede access to neighbouring property (Ashbank).

(d) Several of the proposed buildings will be visible from Millburn Street, and breach the existing roof-line of the site.

[NB - Other concerns have been raised which are not valid planning matters.]

4 REPORT

Relevant development plan policies:-

Dumfries & Galloway Structure Plan D5 - Affordable Housing D36 - Design of Development E2 - Regional Scenic Areas E8 - Development in Conservation Areas E9 - Listed Buildings E13 - Archaeologically Sensitive Areas S3 - Development in Flood Risk Areas Stewartry Local Plan General Policy 1 - Development Principle General Policy 2 - Development Considerations General Policy 7 - Siting & Design General Policy 12a - Reusing Vacant, Derelict or Contaminated Land General Policy 14 - Housing Land Allocation General Policy 21 - Special Needs Housing General Policy 42 - Regional Scenic Areas General Policy 50 - Conservation Areas General Policy 51 - Listed Buildings General Policy 55 - Archaeologically Sensitive Areas General Policy 57 - Sustainable Urban Drainage Systems (SUDS) General Policy 58 - Flood Risk & Development General Policy 60 - Water Sewerage & Drainage Provision

Local Plan Policy KK4: Opposite Corn Mill House, Millburn Street (5 units allocated)

Other also relevant material considerations:- Supplementary Planning Guidance No. 2 - Design Guidance for the Built Environment, the Council's 'Caring for the Built Environment' guidance, and the Kirkcudbright Conservation Area Guidance and Character Appraisal

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise, to be made in accordance with that plan”.

4.2 With regard to Local Plan Policy KK4, this allocates the site for 5 residential units. The justification provided in the Local Plan is that there is a commitment in the Local Plan to identify sites for sheltered and amenity housing. The site is relatively close to the town's facilities and provides the opportunity to be developed as a self-contained group of dwellings. The location is opposite Corn Mill House and situated within an area where the mill once operated and which has historical and architectural significance. It is appropriate that any new development respects this character. Turning to the specific site guidance, it is provided that the quality of the local streetscape is important at this location with a number of listed buildings in close proximity to the site. Any development should be in keeping with the massing, colours and type and textures of materials used in adjacent buildings.

4.3 In this regard, it is considered that the proposal adopts these principles and responds well to the context within which the site finds itself. The general massing, proportions, architectural features, and finishes of the proposed new buildings have been sensitively conceived by the applicant and this is evidenced in the submitted design statement. The proposed new buildings would harmonise well with the established built form in this part of the Outstanding Conservation Area. The sensitive adaptation and re-use of the existing buildings onto Millburn Street would assist in providing a historical link to the former mill activities, and bring back into productive use neglected buildings which now have the ability to contribute more positively to the street scene. The intended use for artists studios raises is considered compatible and non-conflictual in land use terms in this predominantly residential area. 4.4 In the apparent absence of demand over a number of years for the site to be developed for amenity/sheltered housing, it is considered appropriate to grant permission for this development which would be for 3 detached dwellinghouses, and therefore not specifically for amenity/sheltered housing purposes. In this respect, the proposal represents a minor departure from the site guidance contained in the Local Plan. However, it is considered that it would be unreasonable to refuse planning permission on these grounds.

4.5 With regard to vehicular access and car parking arrangements, there is no objection from the Council Roads Officer, subject to the imposition of certain conditions, as recommended.

4.6 Previous concerns regarding flood risk have now been resolved to the satisfaction of both SEPA and the Council's Flood Risk Officer, subject to certain requirements to satisfy the points made by these consultees:- (i) the removal of the external toilet block immediately upstream of the culvert; (ii) the removal of debris falling into the adjacent burn from the site (i.e. maintenance); (iii) the installation of a new culvert screen; (iv) resilience measures being put into place on the proposed doors relating to the proposed artists studios fronting onto Millburn Street; and (v) widening of the culvert following removal of the external toilet block immediately upstream of the culvert. It is also recommended that prior to works commencing that confirmation is received from the Council's Flood Risk Officer and Roads Officer that they are satisfied that pre and post development run-off flow calculations for a critical rainfall event in relation to this proposal are such that no problems in this regard would be reasonably anticipated, and that there would not be an increase. Appropriate conditions are recommended in respect of the foregoing.

4.7 With regard to the other matters raised by the objector, the plans submitted do not indicate that a fence will be erected along the boundary to 'Ashbank'. The Council's Roads Officer is satisfied that the amount of car parking to be provided will be sufficient to cater for the 3 proposed dwellinghouses.

4.8 In conclusion, the proposal is considered to be compliant with the provisions of the stated Development Plan Policies and as there are no material considerations which override the presumption in favour of a determination in accordance with the terms of the development plan, it is recommended that this proposal be approved, subject to appropriate conditions.

5 RECOMMENDATION

5.1 Approve subject to the following conditions:-

1. That the development hereby granted planning permission shall be implemented in full accordance with the approved plans and the details specified on the application form unless otherwise agreed in writing by the planning authority or unless otherwise required by conditions attached to this permission. 2. That the development permitted by this planning permission shall not be started by the undertaking of a material operation as defined in Section 27(4) (a-d) of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 unless and until the developer has provided written evidence to the Council as planning authority to be agreed in writing and providing intentions relative to the following matters:- (i) the removal of the external toilet block immediately upstream of the culvert; (ii) the removal of debris falling into the adjacent burn from the site ; (iii) the installation of a new culvert screen; (iv) resilience measures being put into place on the proposed doors relating to the proposed artists studios fronting onto Millburn Street; and (v) widening of the culvert following removal of the external toilet block immediately upstream of the culvert; and (vi) pre and post development run-off flow calculations for a critical rainfall event in relation to this proposal. Following agreement in writing by the Council as planning authority, the agreed matters shall be implemented in accordance with the details submitted prior to the occupation of the first dwellinghouse hereby granted permission.

3. That no development in respect of this planning permission shall take place unless details of the precise external finishes proposed (including samples of proposed roofing and wall materials) have been submitted to and approved in writing by the planning authority. None of the dwellinghouses or studios hereby granted planning permission shall be occupied unless they have been finished in such external finishes as have been so approved, which shall thereafter be retained as such for the lifetime of the development.

4. That no development in respect of this planning permission shall take place unless the developer has secured the implementation of a programme of building recording in accordance with a written scheme of investigation which has been submitted to and approved in writing by the planning authority (in consultation with the Council Archaeologist). In general terms, this will constitute a standard Level 2-3 building survey (RCHME Recording Historic Buildings, second edition). In addition, the developer shall afford access at all reasonable times to the Council Archaeologist or a nominated representative and shall allow them to observe work in progress.

5. That none of the dwellinghouses hereby granted planning permission shall not be occupied unless the access from Millburn Street has been trapped and drained to an outfall or soakaway so as to prevent any surface water flowing onto the public roads or into the site from the public road. Thereafter, this arrangement shall be retained as such for the lifetime of the development.

6. That none of the dwellinghouses hereby granted planning permission shall be occupied unless they have been served by a properly surfaced and adequately drained carriageway and footway or footpath to the satisfaction of the planning authority. Thereafter, this arrangement shall be retained as such for the lifetime of the development.

7. That none of the dwellinghouses hereby granted planning permission shall be occupied unless the off-street car parking / turning areas shown on the approved drawings have been formed in complete accordance with the said drawings or such other drawings as may be approved in writing for the purpose by the planning authority. Thereafter, the said parking / turning areas shall be kept clear from obstruction and shall be retained only for that purpose for the lifetime of the development.

8. That none of the dwellinghouses hereby granted planning permission shall be occupied unless visibility areas have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-

(a) measured 2.4 metres back along the centre line of the new cul-de-sac courtyard access from the nearer edge of the main carriageway; and

(b) measured 25 metres from the centre line of the new cul-de-sac courtyard access along the nearer edge of the carriageway of the U322 public road.

9. That none of the dwellinghouses hereby granted planning permission shall be occupied unless a visibility area has been provided on the northern side of the access between the public carriageway edge and the line joining two points defined as follows:-

(a) measured 2.4 metres back along the centre line of the U322 public road from the nearer edge of the main carriageway; and

(b) measured 50 metres from the centre line of the U322 public road along the nearer edge of the carriageway of the U323 public road.

10. That none of the dwellinghouses hereby granted planning permission shall be occupied unless a visibility area has been provided on the southern side of the access between the public carriageway edge and the line joining two points defined as follows:-

(a) measured 2.4 metres back along the centre line of the U323 public road from the nearer edge of the main carriageway; and

(b) measured 50 metres from the centre line of the U323 public road along the nearer edge of the carriageway of the U316 public road.

11. That none of the dwellinghouses hereby granted planning permission shall be occupied unless everything exceeding 1 metre in height has been removed from the visibility areas referred to in Conditions 8, 9 and 10 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas for the lifetime of the development.

12. That none of the dwellinghouses hereby granted planning permission shall be occupied unless a 1.8 metre wide footway has been provided along the site frontage with the U322 public road and the said footway has been constructed to the specification in the current 'Road Design Standards for Residential Development' published by the Council. Thereafter, this arrangement shall be retained for the lifetime of the development.

Relevant Drawing Numbers: 0001 (01)001 Rev A 0001 (01)002 0001 (01)003 0001 (01)004 0001 (01)005 0001 (01)006 0001 (01)007 0001 (02)001 0001 (02)002 0001 (02)003 0001 (03)001 0001 (03)002 0001 (03)003 0001 (03)004 0001 (03)005 0001 (05)001 0001 (05)002 0001 (05)003