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Planning Application: 09/00883/Ful

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Planning Application: 09/00883/Ful PLANNING APPLICATION: 09/00883/FUL In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications The Proposal • Application (as amended) to form road layout and access for a Business Park at Barmuckity (amended drawing L (00) 41 C refers) • Road layout/site to be developed in two phases – Phase One and Two comprise land areas to the east and west of Moss of Barmuckity Road/Barmuckity Farm respectively. • Initially, access to business park (Phase One) from a new priority junction off the existing Moss of Barmuckity Road, approx. 80 m south of the existing A96/U123 Moss of Barmuckity Road junction. • Thereafter, new 4-arm roundabout access junction to be constructed on the A96, approx. 340 m to the east of existing junction, which will also incorporate the existing Elginshill Road junction. The road extending off the southern arm of the new roundabout will be used to serve the whole business park area (Phase One and Two). With operation of the new roundabout, the existing junction onto the A96 will be closed to all traffic except emergency vehicles. • The internal roads within Phase One incorporate a 7.3 m wide carriageway and 3 m footway (both sides). The main site access road extending off the roundabout has a 7.3 m wide carriageway (plus 3.5 m ghost island) plus 2 m verges and 3 m footways (both sides). This road ends at another new roundabout to be formed within the site along the southern boundary to the south-east of Barmuckity Farm. A “Link to potential Future By-pass” is then indicated, with a route extending off the southern arm of this internal roundabout over the railway onto land beyond. • Within Phase One, finished levels of roads to be at or just above (300 mm) existing ground level. • No details are included about the location, number and range of uses and/or sizes and design/layout of development plots and buildings. Unlike the original layout plan, the amended details no longer identify areas and possible land-uses (for example, office, industrial, starter business, commercial, hotel and public building uses) and proposed landscaping features (for example, structure planting, parkland and detention ponds, etc). However, within Phase Two, an “approx. location of possible water feature” is indicated. • A Drainage Assessment (DA), Flood Risk Assessment (FRA) and an Assessment of Junction Capacities (AJC) document have been submitted, the latter in support of the amended application details (see Objections/Representations). The Site • Approx. 54 ha site located to east of Elgin and to south of the A96 trunk road. • Site is split into two parts, located on either side of the existing U123E Moss of Barmuckity Road. This road leads off the existing A96/U123E Moss of Barmuckity junction and leads to/from Barmuckity Cottages, Barmuckity Farm and beyond. • Site bounded to the north by the A96 road and agricultural land beyond (part of which will be used in conjunction with Elgin Flood Alleviation Scheme), to the west by the Linkwood Burn and residential development at Waulkmill/Linkwood East, to the south by the Aberdeen – Inverness railway line and to the east by an existing watercourse, Moss of Barmuckity and agricultural land. • Site currently in agricultural use and is highly visible from the A96, and bounded by fencing or planting and contained by the railway embankment/cutting along the southern boundary. Towards the north west corner (in Phase Two), the land is low lying and prone to flooding. Barmuckity Farm is set on a small knoll of land slightly elevated above the rest of the site. • An overhead electricity line crosses north-south through Phase Two to west of Barmuckity Farm/Cottages, and a line of existing pylons which in part run parallel to the A96 cross west-east through Phase One. Both supply lines are to be retained. • The site is designated in the adopted Moray Local Plan 2008 as Elgin BP1 Barmuckity. Policy / Objections-Representations / Consultations - See Appendix History 09/00287/SCN – Screening Opinion issued 20 April 2009 for a proposed Barmuckity Business Park. This confirmed the proposal is a ‘Schedule 2 development’, under the 1999 Environmental Impact Assessment (EIA) Regulations and with no significant environmental effects likely to arise, no formal EIA required. However, environmental issues associated with transport, landscape and flooding to be addressed within the application. December 2008 – Elgin BP1 Barmuckity Business Park designated within the adopted Moray Local Plan 2008. The conclusions from the Local Plan Inquiry in 2008, confirmed BP1 as the preferred site for a business park development, however detailed flood issues and access arrangements would require to be addressed at the detailed application stage. In addition, the development was not dependent on any by-pass route option but could be adapted, if necessary, to take account of any Elgin by-pass and a landscape scheme was required to screen and mitigate the development on the site. Advertisement Amended proposals (April/May 2011) advertised for neighbour notification purposes. Observations This application is to form a road layout and access for a business park at Barmuckity. As amended, the proposals retain the two-phase approach to developing the site but reverse the phasing of the development. Land to the east of Barmuckity Farm will now be developed first. The access arrangements are reduced from four to two stages i.e. initial use of existing A96 junction and later, use new roundabout on A96 to serve the whole business park area (both Phases). Information indicating possible locations/areas and types of proposed land use and strategic landscaping have been omitted from the amended site layout drawing L (00) 41C. This indicates the proposed phased areas for development and the extent of the proposed road layout and flood plain areas within the site (for 1 in 200 year event level). For Phase One, additional drawings include a design for the new roundabout and cross and long-section details. The latter confirm the extent of land raising where, within flood plain areas, road levels are set no higher than existing road levels and outwith the flood plain, the highest land raising is 300mm above existing ground level with no embankments or ground works encroaching into the flood plain area to the east of the site. No details regarding road levels/land raising are included for Phase Two. The amended details follow from earlier consideration of the proposal and after a workshop facilitated by Scottish Government and attended by the applicant’s representatives and several consultees to address outstanding issues in particular flooding and transportation. These remain key issues in determining the application. Development on Elgin BP1 Barmuckity Business Park (Elgin BP1, Policy 1a, ED4, ED3, ED2) ‘In principle’ support for a business park at Barmuckity is given by the local plan designation, Elgin BP1. This designation supports the structure plan strategy (Policy 1a), fulfils a stated objective of the Elgin settlement statement and was informed by an earlier review of the development plan (including the Local Plan Inquiry) and a local economic development strategy. As a strategic priority, the latter identified that a business park be formed in Elgin to assist with economic development and regeneration. From Policy ED4 and the supporting justification, business parks are intended to attract new/modern enterprise, assist in attracting inward investment and accommodating users requiring a higher amenity/environmental setting than that available on industrial sites e.g. officers, call centres and high technology uses, and provide a location for non-retail commercial enterprises who do not require a town centre location. Developments which adversely impact on the high amenity environment will not be permitted. The Elgin BP1 designation also includes provision for industrial use (location/amount not specified) and Policy ED3 indicates uses that would be suitable or appropriate on industrial land. In relation to the Elgin BP1 designation, the proposal will provide a road layout and access arrangement to facilitate and stimulate development on the business park. Considerations about the nature and suitability of any proposed use, including the extent to which uses identified in policy ED4 are realised and design/layout issues for the site overall and for each plot (including those identified in ED2) cannot be addressed at this stage. These matters are not included in application and will require to be considered in any future applications for development proposed on the site. The proposal takes account of certain aspects of the designation where subject to details, the “water feature” (in Phase Two), over part of the site prone to flooding, may contribute to the requirement to keep that area free of development and provide an environmental/high amenity setting for the park. As required, a FRA has been submitted (see below) but whereas the local plan envisages how this business park can be best advanced, including outside agency involvement in promoting/marketing the site, etc no development brief or masterplan has been prepared. With limited information presented, the amended site layout plan does not fulfil any expectations of a ‘masterplan’ to guide the overall development of the site. The submitted layout establishes a framework or network of roads extending through the site. This network is unsupported by other details indicating, for example, the range and location of possible uses, size of plots available, landscaping, flooding and drainage requirements etc. (see below) which might inform the overall design and layout of the site. Without prejudice, in the absence of any development brief or masterplan, there remains the potential for development to progress in a piecemeal and un-co-ordinated manner.
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