East Ayrshire Council

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 4 OCTOBER 2013

13/0040/PP: ERECTION OF 20 HOUSES, 7 FLATTED DWELLINGS AND 6 COMMERCIAL UNITS (INCLUDING RETAIL) AT: LAND AT CRAIGENS ROAD NETHERTHIRD, CUMNOCK

Report by Head of Planning and Economic Development

Click for Application Details: http://eplanning.east-ayrshire.gov.uk/online/caseFile.do? category=application&caseNo=13/0040/PP

EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION

1.1 The site is proposed to be split on a north to south basis, approximately halfway across. On the western side, planning permission is sought for one block of 6 retail and/or commercial units (ground floor), with two upper storeys, incorporating dormers to the roofspace, for 7 flatted dwellings, and a strip of open space. On the eastern side of the site, permission is sought for 20 houses, in terraced and semi-detached arrangements, all with parking and private garden grounds

1.2 Essentially and in summary, the proposal is therefore a mixed use proposal providing a variety of homes and business premises in a modern format, with the single central access from Craigens Road. From that access, are two spurs, one in a westerly direction to the parking area to the rear of the commercial units/flats, and the other eastwards to service the house units.

1.3 The commercial/residential building is “L” shaped and would be higher than those properties directly adjacent but is setback from the traditional building line, with the intervening street and an area of open space. This building is designed with its main façade facing towards Craigens Road with each of the 3 shop units directly accessed from this frontage as well as from the parking area to the rear. Of the 6 retail/commercial units, 5 have a floor area of 93sq m and 1 is 196 sq. m. The application proposes the larger unit and 2 of the smaller units for Class 1 (Shops) use with the remaining 3 units being used for a mix of Class 2 (offices) and/or Class 4 (Business) use. The use of stone style materials and render wall finishes are proposed to complement the building design and to retain a relationship to other properties in the area. Activity space and an area for bins for the flatted units is sited to the west of the commercial build, comprising a fenced off area of landscaping measuring 342 sq. m.

1.4 On the opposite side of the site, it is proposed to have 6 semi-detached houses fronting Craigens Road. Two blocks of 6 terraced houses are then proposed to the middle part of this ‘half’ of the site. To the south of the application site are another three blocks comprising 6 terraces and 2 semi- detached units. The units on Craigens Road present front elevations to the street, and the remaining units present their frontages internal to the rest of the scheme, and front onto the site access road. The residential blocks are of relatively standard form/appearance and would be finished externally in render in colours to be agreed. Both hipped and pitched roofs are proposed to these units. The properties contain in-curtilage off-street parking and areas of private garden ranging in size in terms of the property sizes and in order to provide a range of options to potential occupiers. All these housing plots on the eastern ‘half’ of the site would have both front and rear gardens, bin storage areas and off-street private car parking facilities to front gardens. Boundary treatment is detailed as comprising 1.75 metre fencing around the site and around back gardens of these house units.

2. RECOMMENDATION

2.1 It is recommended that this application for planning permission be approved subject to the conditions listed on the attached sheet but that prior to any decision notice being released, the decision notice be withheld until such time as the Solicitor to the council has concluded a legal agreement under S.75 of the Town and Country Planning (Scotland) Act 1997 as amended.

3. CONCLUSIONS

3.1 The Town and Country Planning (Scotland) Act 1997 as amended requires that applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. As indicated in Section 5 of the report the application for planning permission is not consistent with the provisions of the Development Plan. In this instance it is considered that an exception could be put forward for consideration in this case, noting the brownfield nature of the site and the investment in the area that the development will bring as highlighted in the applicant’s supporting statement. Issues that are outstanding can be dealt with by suitable planning conditions, and overall, any grant of consent would be accompanied by a legal agreement for the developer contribution, and a payment to offsite opens space in lieu of actual provision on site.

3.2 As indicated in Section 6 of the report there are material considerations relevant to this application, in particular the planning history, but in this instance, however it is considered that these are not such as to indicate that the proposal would be unacceptable .

3.3 The proposed development can be satisfactorily accommodated within the application site. The design and external finish is appropriate to the surrounding area. The proposed dwellinghouses can be accommodated without resulting in unacceptable overlooking or loss of amenity to the adjoining properties or surrounding area in general with consideration to the nearby residential properties.

CONTRARY DECISION NOTE

Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council, as this would not be a significant departure from Council policy.

Alan Neish Head of Planning and Economic Development

Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority. EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 4 OCTOBER 2013

13/0040/PP: ERECTION OF 20 HOUSES, 7 FLATTED DWELLINGS AND 6 COMMERCIAL UNITS (INCLUDING RETAIL) AT: LAND AT CRAIGENS ROAD NETHERTHIRD, CUMNOCK

BY MR RICHARD YATES

REPORT BY HEAD OF PLANNING AND ECONOMIC DEVELOPMENT

1. PURPOSE OF REPORT

1.1 The purpose of this report is to present for determination an application for planning permission to be considered by the Planning Committee under the scheme of delegation as the proposal is significantly contrary to the East Ayrshire Local Plan 2010.

2. APPLICATION DETAILS

2.1 Site Description: The application site comprises 0.91 hectares in area, located within the settlement boundary of Cumnock. The northern part of the site is currently in use as a haulage yard however the former use of the site comprises industrial units and known as the Thistle Business Park South Industrial Estate. The site is now generally covered in hardstanding and relatively flat in nature. A warehouse building to the south of the site was in situ until a fire in March 2009.

2.2 The site is accessed from Craigens Road to the north which itself links to Glaisnock Road to the west. The main access point as existing is at the north west corner. The boundary of the northern part of the site is formed from a chain link fence of approximately 2 metres in height which is screened on its Craigens Roads side by planting up its full height. Craigens Road itself is traffic clamed along its length with footpaths on either side. Across Craigens Road and opposite the application site are two storey flatted properties, a shop unit with flat above, public open space and various community buildings.

2.3 To the west of the application site is a factory unit finished in a blue cladding material and separated from the site by a chain link fence and grassed/landscaped area. To the east is James Young Avenue which is a residential street that runs perpendicular to Craigens Road and comprises of terraced and semi-detached predominantly single storey properties. A small number of two storey properties including flatted, sheltered accommodation are located at its southern end. The rear gardens of the properties backing onto the application site are at a slightly lower level than the site. The southern boundary of the site is currently undefined on site however the hardstanding and former industrial estate use continues onwards from the site boundary towards a grassed area and thereafter residential properties.

2.4 The site has recently been used for a large scale off-site compound for Scottish Power Energy Network, as of August 2013, for the South West Scotland Renewables Connection Project, to provide support for the works to install an overhead transmission line between Coylton and New Cumnock. An application has been submitted for these works, but at the date of writing has not been determined.

2.5 Proposed Development: The site is proposed to be split on a north to south basis, approximately halfway across. On the western side, planning permission is sought for one block of 6 retail and/or commercial units (ground floor), with two upper storeys, incorporating dormers to the roofspace, for 7 flatted dwellings, and a strip of open space. On the eastern side of the site, permission is sought for 20 houses, in terraced and semi-detached arrangements, all with parking and private garden grounds

2.6 Essentially and in summary, the proposal is therefore a mixed use proposal providing a variety of homes and business premises in a modern format, with the single central access from Craigens Road. From that access, are two spurs, one in a westerly direction to the parking area to the rear of the commercial units/flats, and the other eastwards to service the house units.

2.7 The commercial/residential building is “L” shaped and would be higher than those properties directly adjacent but is setback from the traditional building line, with the intervening street and an area of open space. This building is designed with its main façade facing towards Craigens Road with each of the 3 shop units directly accessed from this frontage as well as from the parking area to the rear. Of the 6 retail/commercial units, 5 have a floor area of 93sq m and 1 is 196 sq. m. The application proposes the larger unit and 2 of the smaller units for Class 1 (Shops) use with the remaining 3 units being used for a mix of Class 2 (offices) and/or Class 4 (Business) use. The use of stone style materials and render wall finishes are proposed to complement the building design and to retain a relationship to other properties in the area. Activity space and an area for bins for the flatted units is sited to the west of the commercial build, comprising a fenced off area of landscaping measuring 342 sq. m.

2.8 On the opposite side of the site, it is proposed to have 6 semi-detached houses fronting Craigens Road. Two blocks of 6 terraced houses are then proposed to the middle part of this ‘half’ of the site. To the south of the application site are another three blocks comprising 6 terraces and 2 semi- detached units. The units on Craigens Road present front elevations to the street, and the remaining units present their frontages internal to the rest of the scheme, and front onto the site access road. The residential blocks are of relatively standard form/appearance and would be finished externally in render in colours to be agreed. Both hipped and pitched roofs are proposed to these units. The properties contain in-curtilage off-street parking and areas of private garden ranging in size in terms of the property sizes and in order to provide a range of options to potential occupiers. All these housing plots on the eastern ‘half’ of the site would have both front and rear gardens, bin storage areas and off-street private car parking facilities to front gardens. Boundary treatment is detailed as comprising 1.75 metre fencing around the site and around back gardens of these house units.

3. CONSULTATIONS AND ISSUES RAISED

3.1 Cumnock And Doon Valley Access Panel were consulted and have not responded at the time of writing this report.

3.2 East Ayrshire Council Regulatory Services (Environmental Health – Contaminated Land Officer) has no objections but has recommended the inclusion of planning conditions to address any soil contamination, as the site has the potential for soil contamination from its previous uses.

Should Members choose to grant consent, such matters can be addressed by planning conditions.

3.3 East Ayrshire Council Roads and Transportation have no objection to the layout as proposed in principle other than minor amendments that can be addressed at the construction consent stage. However, Roads Service have noted that the application did not propose any details on an adequate drainage system, including any SUDS, and this will require to be accommodated on site.

Should Members choose to approve the development, drainage and SUDS matters can be addressed by a pre-commencement condition, to ensure that satisfactory provision is made. If material changes to the site are required to accommodate drainage and SUDS provision, a revised application will be required and this is a matter which the applicant is recommended to be aware of.

3.4 Cumnock Landward (Netherthird And District) Community Council were consulted and have not responded at the time of writing this report.

4. REPRESENTATIONS

4.1 One letter of objection has been received, following on from neighbour notification and the advertisement of the proposal in the Local Press on 13 February 2013. This raised the following issues:

4.2 This is a revised application for this site and yet again as neighbours we have not been notified by the Council. The objectors were made aware that the Council’s duty to carry out notification of planning applications extends to neighbouring land that has buildings on it, and if no buildings are in situ, an advert is placed in the local press. However, the applicant has since owner notified the neighbouring landowner as having an interest in the land, for completeness. Notwithstanding the foregoing, access issues are a matter of private property law and are not material planning considerations.

4.3 The objectors are concerned that the access to their property has changed without discussion or consideration to any plans they have for our site. The objectors advise that their company has a right of access over this land.

The applicant’s agent has confirmed that the application site is in sole ownership of the applicant, but that the access to the vacant site immediately south is through the applicant’s site by agreement. As above, access issues are a matter of private property law and are not material planning considerations and it is noted that in procedural terms the applicant has undertaken the appropriate notification which is required as part of the submission of the planning application..

5. ASSESSMENT AGAINST DEVELOPMENT PLAN

5.1 For the purposes of these applications the Development Plan comprises the Approved Ayrshire Joint Structure Plan (AJSP) (2007) and the Adopted East Ayrshire Local Plan (EALP) (2010).

Ayrshire Joint Structure Plan (AJSP)

5.2 Policy ECON3 requires the three Ayrshire Councils to make provision for an adequate supply of land for office, business and industrial use throughout their areas to cater for locally based services and other business development opportunities providing the development is small in scale and in keeping with the character of the surrounding area.

The proposed residential and retail development is on a site safeguarded for business and industrial use within the East Ayrshire Local Plan. As required through this policy, the Council requires to maintain an adequate supply of land for business and industrial use. As the proposal would result in the loss of such land, it is contrary to this policy.

Adopted East Ayrshire Local Plan 2010 (EALP)

5.3 Through Policy SD7, the Council will, subject to compliance with all other appropriate Local Plan policies, positively encourage the re-use and redevelopment of brownfield land, in preference to the development of greenfield sites. The proposed development site is on a piece of brownfield land.

Whilst the Local Plan supports the principle of development on brownfield land, all other relevant policies must also be satisfied.

5.4 Cumnock 2 - within the Local Plan, the Council safeguards three sites within Cumnock for continuing industrial use and as preferred areas to which new industrial and business development will be directed. Site 270B Cumnock Business Park / Glaisnock Glen includes the current application site.

The proposed use of the site for retail and residential use is contrary to the site designation.

5.5 Policy IND3 ensures that proposals for business, industry and storage and distribution uses of a local nature will be directed towards those Business and Industry Development Opportunity Sites specifically identified in the plan and safeguarded for such purposes on the local plan maps.

As stated above, the proposed site is safeguarded for business and industry and the current application for residential and retail development is therefore contrary to the local plan designation.

5.6 Through Policy RES3, within settlement boundaries the Council will positively encourage the sympathetic residential development of gap, infill or other redevelopment sites not specifically safeguarded or identified for particular development purposes on the Local Plan maps. The proposed site is identified for a particular alternative use on the Local Plan maps. The proposed residential development is therefore not supported by this policy.

5.7 Through RES23, the Council will require all housing developers to provide areas of recreational and amenity open space as an integral part of their development proposals to ensure that the location of all such areas is addressed as a primary consideration in the preparation of any housing layout design. In preparing their proposals, developers should have regard to the interim guidelines in Schedule 4. The current proposal is for 27 units comprising of 20 houses and 7 flats requiring 1,620 sq. m of open space to be provided (60 sq. m per household). No usable open space has been provided for the development. It is intimated in the applicant’s planning statement that as the houses each have private open space there is no need for any further public open space, however, it is considered this is not the case and there are clear guidelines laid down per Policy RES23 for public open space. Overall the proposal provides no public open space and is contrary to RES23. Notwithstanding this, Policy RES25 notes the Council may, as an alternative, require the applicant to provide a contribution through a legal agreement, to upgrade existing open space in the vicinity as an alternative, and the applicant has intimated in the supporting statement that he is willing to do this, via a payment in the region of £3000, towards the upgrading of Woodroad Park in the north east edge of Cumnock. 5.6 Policy RES26 concerns the provision of private open space on residential sites.

As noted above, the proposed houses have associated private open space, however, garden ground sizes are mixed throughout this eastern half of the site, and 5 of the 20 plots do not meet with the minimum garden sizes, the smallest terraced house garden being just 50 sq. m to the rear. The flats have a small strip of communal amenity space, however, this is not particularly, private in layout, albeit it is surrounded by a timber 1.75m fence, so will be separated from the commercial development.

5.7 Policy RES29 which relates to Developer Contributions requires that developers of sites for 4 or more dwellinghouses to make an appropriate contribution in line with the Council’s Supplementary Planning Guidance (SPG).

In line with Policy RES29 and the associated SPG on developer contributions, should the Council be minded to approve the application, the applicant should be asked to pay the following developer contribution:

Contribution to Cumnock town centre £78 per unit Refurbishment of Woodroad Park £113 per unit Admin fee £60 per unit Total per unit £251 per unit Total for 27 units £6,777

The developer was requested to make this contribution or provide appropriate supporting information to allow an exception to be made in accordance with the Council’s Supplementary Planning Guidance.

Following due consideration, it is noted that Policy RES29 states that contributions will be waived or reduced only in “exceptional circumstances” for example where a developer has been able to demonstrate that a development would bring for example, particular social benefits.

The applicant has noted they would be willing to pay the sums above via s.69 legal agreement under the Local Government (Scotland) Act 1973. Under this provision, Local Authorities have a general power to enter into agreements with developers, to do anything whether or not involving the expenditure, borrowing or lending of money, which is calculated to facilitate, or is conducive or incidental to the discharge of their functions.

Members are advised that the difference between a S.69 agreement and one under S.75 of the Town and Country Planning (Scotland) Act 1997, etc. is that the agreement is made with the landowner and is not registered against the land as a burden, and as such, if a site is sold to another party then the agreement will no longer apply. The applicant has stated their preference to achieve this through a s.69 agreement and not a S.75 agreement. Notwithstanding this Members are advised that should they wish to grant consent a S.69 Agreement would not offer a sufficient safeguard for a payment in lieu of the site’s lack of open space. It would be recommended therefore to Members that S.75 agreement will be appropriate.

5.8 Through Policy RTC1, retail development and other Schedule 6(i) uses should be directed in the first instance to town centres. Policy RTC9, however, allows for small scale retail in out of centre locations, in certain stated circumstances. New local and top up shopping provision in existing neighbourhood or local centres will be particularly supported by the Council and preference will be given to the re-use of vacant premises rather than new build developments wherever practicable. The policy further clarifies that small scale retail developments are deemed to have a gross floor area of less than 200 square metres. The current proposal includes 6 commercial units, of which 3 are proposed for class 1 retail and the remaining 3 for class 2 (office) / class 4 (business). The proposed retail units amount to a floor area of 382 sq. m. This scale of development exceeds the 200 sq. m. limit stated in Policy RTC9 and cannot therefore be supported by this policy. Also, it should be noted that there are existing local shops in Netherthird in close proximity to the proposed site, which provide an opportunity for top up / convenience shopping for local people. Not all of these units are currently occupied at present, and it is considered the retail function should be directed to Cumnock town centre. Whilst the planning statement notes that there are various vacant units in Cumnock town centre, it states that these are not of a form/location to serve the daily needs of Craigens and Netherthird. It is however, considered that the existing shops across Craigens Road from the application site may still serve the daily needs of the local area.

5.9 Policy ENV9 expects developers to comply fully with the Council’s existing and emerging design guidance, including (vii) designs to be sensitive to the character of the area in which they are proposed; (vii) developments to be landscaped to reflected and compliment their surroundings; and (viii) proposed areas of open space are integrated wherever possible with existing areas to form a linked network through the area. Whilst in general the design of the buildings and layout of the site appears standard, it is appreciated that the layout includes an active frontage onto Craigens Road. This would help integrate the development into the wider Netherthird neighbourhood. As previously stated, the proposed layout includes no open space space, and except for individual garden grounds, provides no ancillary amenity for the proposed houses. Neither is there any drainage or SUDs details proposed.

Summary

The proposed development comprises residential and commercial/retail uses on a site designated for business and industrial use in the Local Plan. The proposal is therefore contrary to planning policy. In addition, the layout of the site as proposed, particularly in relation to open space provision, is lacking, and is contrary to Policy RES 23, however in such cases, a payment for offsite open space facilities may be deemed acceptable in lieu of open space on site in such cases.

6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

6.1 The principal material considerations relevant to the determination of this application are the consultation responses received, the objections received, the impact upon the amenity of the area, the planning history of the application site, the applicant’s supporting statement and Main Issues Report (MIR) into the forthcoming Local Development Plan (which have been raised by the applicant is their supporting submission).

Consultation Responses

6.2 The consultation responses are detailed in the report and have been carefully considered. The submissions do not raise any issues of sufficient weight to warrant refusal of this application. It is considered that any issues raised by consultees can be addressed by conditions or advisory notes should Members choose to grant consent.

Impact on Amenity

6.3 The applicant contends the development will bring wider social benefits and an acceptable form of design which whilst providing a modern standard of accommodation for new tenants of both the residential and commercial units. It is therefore considered that this site will not detrimentally affect the surrounding area in terms of amenity noting surrounding uses, the proposed layout and the design of the proposed dwellings.

6.4 In principle, in terms of the site’s designation, this safeguards the site for continuing industrial use and as a preferred area to which new industrial and business development will be directed, and therefore the proposal is fundamentally in conflict with this policy position. However notwithstanding this, in built environment terms, a mixed use raises no issues in terms of a detrimental affect on visual amenity and the proposals are not considered to be detrimental in amenity terms to the enjoyment of surrounding residential properties.

Planning History

6.5 Previous applications for the site are as follows:

6.6 10/0498/PP, for Temporary service bay and office accommodation, Approved with conditions, 29.10.2010;

6.7 12/0363/PP for Erection of 20 houses, 7 flats and 6 retail units, which was refused 25.07.2012. The reasons for refusal were:

1. The proposed development would be contrary to Policy ECON 2 of the Ayrshire Joint Structure Plan 2007 as the proposal for residential and retail use is located on an identified industrial and business development site that requires to be safeguarded.

2. The proposed development would be contrary to Policy ECON 3 of the Ayrshire Joint Structure Plan 2007 as it would result in the loss of safeguarded business and industrial land.

3. The proposed development would be contrary to Policy SD 4 of the East Ayrshire Local Plan 2010 as it is for a residential and retail use on a site that is identified and safeguarded for business and industry uses.

4. The proposed development would be contrary to Policy IND 3 of the East Ayrshire Local Plan 2010 as it is for a residential and retail use on a site that is identified and safeguarded for business and industry uses.

5. The proposed development would be contrary to Policy IND 9 of the East Ayrshire Local Plan 2010 as it is for a residential and retail use on a site that is identified and safeguarded for business and industry uses.

6. The proposed development would be contrary to Policy RES 3 of the East Ayrshire Local Plan 2010 as it is located on a site that is specifically identified and safeguarded for business and industrial uses.

7. The proposed development would be contrary to Policy RES 23 of the East Ayrshire Local Plan 2010 as no recreational or amenity open space has been identified which does not meet the open space requirements defined by Schedule 4.

8. The proposed development would be contrary to Policy RES 26 of the East Ayrshire Local Plan 2010 as no private open space provision is identified for the flatted properties which does not meet he private open space requirements defined by Schedule 5. 9. The proposed development would be contrary to Policy RTC 1 of the East Ayrshire Local Plan 2010 as the scale of the retail provision indicates that it should be located within the town centre of Cumnock and no sequential approach has been undertaken by the applicant to demonstrate that it cannot be accommodated within the town centre.

10.The proposed development would be contrary to Policy RTC 9 of the East Ayrshire Local Plan 2010 as the floorspace of the retail provision does not indicate that it is small scale and thereby acceptable in this location.

11.The proposed development would be contrary to Policy RTC 8 of the East Ayrshire Local Plan 2010 as it is not for a type of retail development detailed in RTC 7 or RTC 9 or to a bulky goods developments.

12.The proposed development would be contrary to Policy T3 of the East Ayrshire Local Plan 2010 as it does not meet the requisite standards of the Council as roads authority.

13.The proposed development would be contrary to Policy T4 of the East Ayrshire Local Plan 2010 as the proposed car parking it does not meet the requisite standards of the Council as roads authority.

14.The proposed development would be contrary to Policy ENV 9 of the East Ayrshire Local Plan 2010 as there is no provision for amenity open space or landscaping, the design and layout of the development does not take account of its location, it does not present an accessible or safe environment, it has an adverse impact on neighbouring property by way of privacy, it is not of a scale or form commensurate with the locality and has insufficient parking provision.

6.8 Members are advised that the above planning application did not contain any supporting information. Following the refusal of that application, the applicant has lodged this new application together with a Planning Statement which sets out the reasoning for this second application. The content of this statement is summarised starting at section 6.10 below.

6.9 Application 13/0574/PP has been lodged for the site compound which has recently appeared on the site however this is currently invalid at the time of writing this report and has yet to be assessed by the Planning Service. Any such use on site is therefore unauthorised.

Applicant’s Supporting Statement

6.10 The applicant has lodged supporting information in support of the application following on from the refusal of application 12/0363/PP. A Transport Assessment, and Planning, Access and Design Statement, have both been submitted, which notes that benefits to the local area, including those arising from investment and employment and, ultimately, regeneration, are significant material considerations supporting the development in the form proposed. The Planning Statement notes the history of the site, its brownfield character, and its access to local transport routes. The Report continues to note the composition of the proposed development remains substantially the same as the earlier proposal, albeit in an altered layout. The residential element of the development is designed to provide a range of options to potential occupiers, as are the commercial units. The block of commercial units with the flatted development above, is designed to secure a building of interest/quality at this key point in the street, with its main façade facing towards Craigens Road with each of the 3 shop units directly accessed from this frontage as well as from the parking area to the rear. The level of financial investment required is claimed to be in the region of £3.8 million, with significant benefits arising from the development.

6.11 In argument for the proposal, the applicant maintains that with reference to Policy RES 23 on open space, a level of open space provision is achieved along the western edge of the proposed development. Private gardens are also included for the individual houses, and in light of the proximity of public open space to the site, the applicant would agree to pay a contribution to upgrade an existing facility thereby delivering wider community benefit, as part of any planning permission for the development.

6.12 In terms of the possible effects of the proposed retail and commercial units on Cumnock Town Centre, the applicant notes the regeneration of Cumnock Town Centre is an important Local Plan objective, but it is their view that the programme for future phases of the Cumnock Town Centre Regeneration works is presently unclear, and presumably, this this should not prejudice the development of the Craigens site. The extent of retailing proposed is reduced from the previous application, and it is the intention to provide facilities for the local area for day to day convenience needs. It is recognised by the applicant that there are commercial facilities in the area presently but the intent is to supplement these in an appropriate sustainable format in order to better serve the local area, and that the modest scale of retail use would not be such to impact to any discernible level on the town centre or its vitality/viability.

6.13 The applicant notes that he has an existing business on the site, which due to the fire in March 2009, has been drastically reduced in scale, however, the business has managed to be sustained without job losses. The applicant has indicated that development of this site would assist in finding new premises for the existing haulage business, and it is hoped that the business would be able to expand at a new location, which the applicant intends to be in the Cumnock area. The applicant has demonstrated a willingness to have the development staged through the S.75 agreement, to ensure that both the commercial and residential elements of the mixed use are developed accordingly and that the full benefits of the development are secured.

East Ayrshire Main Issues Report (MIR)

6.14 Work is currently underway on a new Local Development Plan for East Ayrshire, which will replace the 2010 Local Plan in due course. The Main Issues Report (MIR) forms the initial policy position for this process. As noted by the applicant in the Planning Statement, the MIR included, as a preferred option, changing the Craigens Road site from a business and industrial location to a mixed use site. The preparation of the new Local Development Plan is still at an early stage, therefore the proposals in the MIR cannot hold any weight in the determination of planning applications. Notwithstanding this, if the site is identified as a Mixed Used site in the new LDP, an appropriate balance between residential and business and industrial use would be required. In terms of this particular application, given the strong bias towards residential use and the limited business and industrial provision (only 3 small units), in its current form this proposal would not comply with the proposed mixed use designation.

6.15 The applicant would however offer the view that the recent MIR consultation details the preferred designation of the planning application site and adjacent land as a Mixed Use Site wherein it is reasonable to assume that development other than that specifically for industrial/business use may be supported. It is accepted by the applicant that the Local Development Plan remains at an early consultation stage but the applicant puts forward that recognition of the benefits of the potential move away from purely industrial/business uses on this site is significant and shows a more realistic and pragmatic approach, particularly when factoring in present economic circumstances. It is considered by the applicant that, other than for the existing industrial allocation, compliance with Policy RES3 would be achieved.

The MIR does indicate the Planning and Economic Development Service’s initial view of how the forthcoming Local Development Plan will be shaped. Currently, however, the MIR cannot be given any significant weight as it is only been used as yet on a consultative basis.

7. FINANCIAL AND LEGAL IMPLICATIONS

7.1 There are no financial implications arising from this application with regards to the Council.

7.2 There are legal implications with regard to the determination of this planning application as in the event of the application being approved, Heads of Agreement under either Section 69 of the Local Government (Scotland) Act 1973, or Section 75 of the Town and Country Planning (Scotland) Act 1997, in Members decide that is a more appropriate mechanism, to be concluded prior to the issue of consent. These should comprise

 the provision of a sum of money for the upgrade of a woodland facility before any works commence on site. The level of actual contribution should be £3,000;

 the sum of £6,777 in respect of developer contribution which is required under the provisions of Policy RES29 of the East Ayrshire Local Plan, to be paid in full prior to the commencement of development.

8. CONCLUSIONS

8.1 The Town and Country Planning (Scotland) Act 1997 as amended requires that applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. As indicated in Section 5 of the report the application for planning permission is not consistent with the provisions of the Development Plan. In this instance it is considered that an exception could be put forward for consideration in this case, noting the brownfield nature of the site and the investment in the area that the development will bring as highlighted in the applicant’s supporting statement. Issues that are outstanding can be dealt with by suitable planning conditions, and overall, any grant of consent would be accompanied by a legal agreement for the developer contribution, and a payment to offsite opens space in lieu of actual provision on site.

8.2 As indicated in Section 6 of the report there are material considerations relevant to this application, in particular the planning history, but in this instance, however it is considered that these are not such as to indicate that the proposal would be unacceptable .

8.3 The proposed development can be satisfactorily accommodated within the application site. The design and external finish is appropriate to the surrounding area. The proposed dwellinghouses can be accommodated without resulting in unacceptable overlooking or loss of amenity to the adjoining properties or surrounding area in general with consideration to the nearby residential properties.

9. RECOMMENDATION

9.1 It is recommended that this application for planning permission be approved subject to the conditions listed on the attached sheet but that prior to any decision notice being released, the decision notice be withheld until such time as the Solicitor to the Council has concluded a legal agreement under S.75 of the Town and Country Planning (Scotland) Act 1997 as amended.

CONTRARY DECISION NOTE

Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council, as this would not be a significant departure from Council policy.

Alan Neish Head of Planning and Economic Development 18 September 2013

LIST OF BACKGROUND PAPERS

1. Application Forms/Plans. 2. Statutory Letters/Certificates. 3. Consultations. 4. Approved Ayrshire Joint Structure Plan 5. Adopted East Ayrshire Local Plan. 6. Circular 3:2009 “Notification of Planning Applications”.

Anyone wishing to inspect the above papers please contact Marion Fergusson, Senior Planning Officer on 01563 576769

Implementation Officer: David McDowall, Operations Manager TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 13/0040 PP

Location Land At Craigens Road Netherthird Cumnock East Ayrshire

Nature of Proposal: Erection of 20 houses, 7 flatted dwellings and 6 commercial units (including retail)

Name and Address of Applicant: Mr Richard Yates Jh Yates Craigens Road Cumnock KA18 3BF

Name and Address of Agent Malcolm Smith TMS Planning Services Limited Balclune 32 Clune Road Gowkhall Dunfermline KY12 9NZ

Officer’s Ref: Marion Fergusson (01563 576769)

The above Planning Permission Application should be Approved subject to the following conditions:-

1. The development hereby approved shall be implemented in accordance with the plans stamped as forming part of this permission unless a variation is required by a condition of the permission or a non- material change has been agreed in writing by the Planning Authority.

REASON: To ensure that the development is carried out in accordance with the approved plans unless otherwise agreed.

2. Notwithstanding the submitted plans, details and samples of all external materials (including colours and details and sample of doors and window frames) to be used in the construction of the dwellings and commercial/retail unit, access road and driveway surfaces shall be submitted to and approved by the Planning Authority in writing prior to the commencement of development on site.

REASON: In the interests of visual amenity, to ensure that the external finishing materials are appropriate to the character of the area. 3. Further to Condition 2 above, all approved external finishes shall be implemented on site prior to the occupation of the last dwellinghouse and shall be maintained thereafter to the satisfaction of the Planning Authority.

REASON: In the interests of visual amenity, to ensure that the external finishing materials are appropriate to the character of the area.

4. Notwithstanding the approved plans, full landscaping details, including the species and size of proposed trees and any hedging and a maintenance scheme, shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site.

REASON: In the interests of residential amenity.

5. The landscaping proposals as approved under the terms of Condition 4 above shall be completed within the first planting season following the completion of the last dwelling house. For the avoidance of doubt this landscaping scheme shall include the landscaping of the garden grounds of individual plots.

REASON: In the interests of visual amenity and to ensure a satisfactory standard of local environmental quality.

6. All planting carried out on site shall be maintained by the developer in accordance with good horticultural practice for a period of 5 years from the date of planting. Within that period any trees, shrubs or plants which are dead, damaged, missing, diseased or fail to establish shall be replaced annually.

REASON: In the interests of visual amenity and effective landscape management; to ensure that adequate measures are put in place to protect the landscaping and planting in the long term.

7. No demolition or external construction work, site clearance or preparation works shall take place before 08:00 hours and after 18:00 hours on Mondays to Fridays and before 08:00 hours and after 13:00 hours on Saturdays, nor at any time on Sundays.

REASON: In the interests of residential amenity.

8. No materials other than topsoil shall be brought into the site for the purposes of infilling or upraising ground levels without the prior written consent of the Planning Authority.

REASON: In order to control the development of the site and materials used in the making up of ground levels.

9. For the period of construction works on site, all construction works traffic/machinery/equipment shall be parked at all times within the application site unless with the prior written consent of the Planning Authority.

REASON: In the interests of road safety and residential amenity.

10. Prior to any work commencing on site, a site investigation and risk assessment shall be submitted to and approved in writing by the Planning Authority (in consultation with Environmental Health). No further development shall begin on site until this comprehensive contaminated land investigation has been submitted to, and approved in writing by, the Planning Authority. The investigation shall be conducted in line with BS 10175: 2001 code of practice for “The investigation of potentially contaminated sites” and will contain details of proposals to deal with contamination (if present) to include:

(i) The nature, extent and type(s) of contamination on the site; (ii) A site specific risk assessment of all relevant pollutant linkages. (iii) Remedial measures to treat/remove contamination to ensure the site is fit for the use proposed. (iv) Measures to deal with unsuspected contamination discovered during construction works.

REASON: In order to ensure that any unsuspected contamination is dealt with appropriately.

11. Further to Condition 10 above, on completion of all remedial works (and prior to site occupation) a verification report detailing all remedial actions which were carried out at the site, shall be submitted to and approved by the Planning Authority in writing (in consultation with Environmental Health), and implemented thereafter in accordance with the approved details.

REASON: To provide verification that remediation has been carried out in accordance with the remediation plan and to the Planning Authority’s satisfaction.

12. Details of a Sustainable Urban Drainage Scheme design for the site shall be submitted to and approved by the Planning Authority in writing prior to the commencement of development on site.

REASON: In terms of adequate servicing of the site.

13. Further to the terms of Condition 12 above, the approved SUDs design shall be implemented thereafter in accordance with the approved details.

14. Prior to commencement of the development onsite, a Drainage Impact Assessment shall be submitted which details how the surface water shall be attenuated within the site for the 1 in 200 year rainfall event. An agreement from Scottish Water, SEPA and East Ayrshire Council’s Flooding Officer will be required to be obtained by the applicant in respect of how the discharge from the site is to be achieved. Details of the above element shall be submitted to the Planning Authority and shall be approved in writing before any work commences on site.

15. Further to the terms of Condition 14 above, the approved drainage impact assessment shall be implemented thereafter in accordance with the approved details within a timescale to be agreed in writing with the Planning Authority.

16. Junction/splay visibilities of 2.5m x 35 m shall be maintained with no obstruction greater than 1.0 m in height allowed within the visibility spay at all times.

REASON: In the interests of general road safety.

17. The retailing uses as hereby approved shall be limited to convenience goods of a day-to-day retailing nature and shall not be for the sale of comparison goods at any time.

REASON: In the interests of safeguarding the retailing function of Cumnock Town Centre and to comply with the aims of the retailing policies of the East Ayrshire Local Plan 2010.

Advisory Notes to Applicant:

1. Construction works associated with the development shall be carried out in accordance with SEPA’s guidelines on avoidance of pollution, and reference should be made to the relevant Pollution Prevention Guidance (PPG) from SEPA. Any waste materials imported to the site should be stored and used only in accordance with the waste management licence or exemption under the Waste Management Licensing Regulations 1994 as amended. Any waste materials removed from the site must be disposed of at a suitably licensed or exempt waste management facility in accordance with these Regulations.

2. The applicant should make early contact with Scottish Water Developer Services, Clyde House, 419 Balmore Road, Glasgow, G22 6NU regarding sewer and water connections. The applicant should ensure that prior to development commencing on site, they have secured agreement from Scottish Water regarding the suitability of all proposed drainage connections and the suitability of the existing infrastructure to accommodate such connection.

3. The applicant shall make early contact with the Council’s Roads and Transportation Service (Tel. 01563 576310) or at Johnnie Walker Bond, 15 Strand Street, Kilmarnock with regard to Roads Construction Consent matters including condition surveys of all surrounding carriageways, give way road markings and traffic signage, and the requirement for a Construction Traffic Management Plan.

4. The applicant is advised to contact Scottish Power and Scotland Gas Networks with regard to their apparatus in the vicinity of the site.

5. The applicant is advised that a heavy standard of 5 metres in height is the Council’s preferred option for any proposed trees.

6. The applicant is recommended to employ suitable dust suppression measures on the site for the period of construction works. Further clarification can be obtained from East Ayrshire Council’s Environmental Health Service on 01563 554007.

7. Any waste arising from the construction works should be disposed of to the satisfaction of the Waste Management Authority and other than by means of burning on site.

7. The applicant is advised to design the landscaping in mind that this should be restricted to prevent overhanging of foliage once mature when adjacent to the adopted footways and adjacent to junctions in terms of visibilities.

Reason for this Decision

The proposed development in terms of the principle of development is inconsistent with the policies of the Development Plan, however, it is considered that the material considerations outweigh the desirability of the industrial designation of the site.

This map is published by the permission of Ordnance Survey for the internal business use only. No further copies can be made. © Crown copyright. All Rights Reserved. East Ayrshire Council OS Licence No. 10023409 (2010)