1

+€DlNBVRGH* Item no THE CITY OF EDINBURGH COUNCIL Report no

Approval of Matters Specified in Conditions 09/01638/REM at Land Adjacent To Queensferry Road Kirkl iston

Development Management S ub-Com mittee of the Planning Committee

1. Purpose of report

To consider application 09/01 638/REM, submitted by Walker Group (Scotland) Ltd. The application is for: Development of 83 dwelling houses and associated roads, paths, walls, fences, soft and hard landscaping

It is recommended that this application be APPROVED.

2. The Site and the Proposal

Site description

The site covers 4.14 ha of farmland located to the north of Kirkliston and west of the B800. The site is bounded by farmland to the south extending to existing residential properties on the northern edge of Kirkliston and to the west extending to embankments associated with the M9 spur at a distance of 2

approximately 460 metres. There is a landscaped strip between the site and the 8800 which tapers from north to south. Land to the north of the site contains a submerged gas pipeline beyond which the site is contained by the Queensferry to Linlithgow Rail Link.

Land in the northern part of the site is safeguarded by the Parliamentary Act for the Edinburgh Airport Rail Link (EARL) and is identified for temporary construction purposes.

Site History

October 2006 - the North Kirkliston Development Brief, was approved by the Planning Committee

April 2008 - Planning permission was granted for infrastructure works, including road and drainage infrastructure serving the development (07/04254/FUL)

April 2008 - Committee resolved to grant outline planning permission for mixed use development comprising new housing, public open space and associated community facilities and reserving a site for a primary school (06/05149/OUT) subject to the conclusion of an appropriate legal agreement

February 2009 - A Master Plan was submitted to CEC by the Kirkliston Consortium to support future applications for the North Kirkliston housing site. The master plan is presented for the purposes of information with this application .

The master plan sets out the main areas for housing, landscaping and open space with associated infrastructure and also relevant safeguarding for the Edinburgh Airport Rail Link, gas pipeline exclusion zones and areas for noise mitigation and is designed to demonstrate how the housing site shall be successfully integrated with the wider area. The application site is identified as Area E.

Area E is to be developed for housing and associated open space. The indicative layout shows housing fronting a centrally located pocket park and the main infrastructure road to the south. Pedestrian links are indicated to the strategic open space to the west and to the landscape belt to the north. The south eastern corner of the site as it adjoins the B800 is suggested as an opportunity to create a stronger urban form.

Area E is located within Phase 1 of the development as shown in the master plan. Phase 1 includes the main open space, housing and infrastructure to be provided east of the 9800, SUDS to be provided to the west of the B800 and associated noise bunds and affordable housing. The affordable housing for this site would be located at the western edge of the housing site in the area identified as Area X. This area is considered separately as part of application 0 8/0 0 0 3 1/F UL . 3

May 2009 - Outline planning permission was granted for mixed use development comprising new housing, public open space and associated community facilities and reserving a site for a primary school (06/05149/0UT) following conclusion of a Section 75 Legal Agreement

November 2009 - Application received under Section 42 of the Town and Country Planning (Scotland) Act 1997 for amendment to planning condition 4 of consent ref: 06/05149/OUT to replace "610 units" with "675 units".

PRE-APPLICATION PROCESS

The proposals are for approval of matters specified in conditions. Public consultation was carried out previously in relation to the outline planning application and the North Kirkliston Development Brief. Accordingly there was no requirement for public consultation specifically relating to this application.

Prior to the application being submitted, the applicant engaged with CEC Planning and Transport Officers to consider issues relating to the detailed design of the housing units and the site layout in relation to the master plan. The discussions have ensured an improved integration between the housing and the surrounding public realm.

DESCRIPTION OF THE PROPOSAL

The proposals relate to the master plan prepared for the wider development site and are for 83 housing units including a range of detached, semi- detached and linked dwellings. The dwellings would range in size from 64.3sqm to 187.5sqm (2-5 bedrooms) and from 1.5-2 storeys. A minimum of 100% parking is provided for the individual units, however the larger properties have either integral or detached garages in addition to parking to be provided within front gardens. A total of 16 visitor parking spaces are proposed across the site.

Access to the site would be provided via a new junction to be formed onto the infrastructure road to the south. An internal loop road system would provide direct access to residential units located directly off the loop road and would connect with short residential cul-de-sacs and shared parking courts. The area adjoining the western boundary has been designed as a shared surface. A total of 5 properties are proposed to be served via a direct access onto the infrastructure road to the south.

A centrally located pocket park is provided and would be fronted by 6 linked residential properties. The properties would have single parking spaces provided either side of the pocket park with a footway providing access to the front doors. 3 pairs of semi- detached houses with corner turret features would be located at the junction with the B800 with parking provided by a rear parking court. 4

A pedestrian link would be provided to the adjoining strategic open space to the west. A further connection would be provided between two houses at the northern boundary of the site, linking with the informal walking route to be formed through the landscaping zone to the north.

Proposed materials include mahogany stained timber (for the double glazed windows, external doors and garage doors), Ashton cream coloured rendered block work walls with buff coloured cast stone detailing, Anstone masonry cladding, brown Upvc rainwater goods, Marley Mendip profiled concrete roof tiles with a smooth finish (a mixture of grey or red to be used in the majority of the development), grey Marley Edgemere smooth roof tiles (to be used for the 6 properties located at the SE edge of the site). Boundary materials would include a mixture of 1.8 m screen walls formed in Anstone, 1.8m vertical slatted timber screen fences and with low post and wire fences used for front gardens. Red paviour blocks will be used in the road and in adjacent parking areas with brindle type blocks used in individual driveways.

Acoustic glazing and acoustic vents would be included on 13 dwellings located along the northern and eastern site boundaries. An accompanying noise assessment is included with the application.

A drainage layout is shown with source control to be provided by filter trenches associated with all plots dealing with driveway runoff.

A revised landscape strategy has been submitted detailing specific tree, hedge and shrub planting to be carried out within the site boundary. The centrally located pocket park would be formed in grass with perimeter landscaping; the boundary with the infrastructure road to the south would include landscaping both within front gardens and in separate areas adjacent to the internal road ends and this would also be brought into the development with trees and hedging softening side and rear boundaries as they abut the road.

An Access Statement and Sustainability Statement has been provided with accompanying SAP calculations demonstrating energy efficiency and updated elevation drawings showing roof mounted solar panels.

Scheme 1

This included a similar layout and design but lacked a sufficiently detailed landscape strategy and details of on site renewable and energy efficiency measures. 5

3. Officer’s Assessment and Recommendations

Determininq Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

ASSESSMENT

To address these determining issues, the Committee needs to consider whether:

(a) the proposals comply in principle with the development plan, the approved North Kirkliston Development Brief and the site wide master plan and are acceptable in transport terms;

(b) the proposals are acceptable in terms of design and layout, including amenity landscape provision, the use of appropriate materials and residential amenity;

(c) the proposals make suitable provision for sustainability;

(d) the proposals can proceed without significant environmental impacts in terms of noise, flooding, aerodrome safety, and archaeology;

(e) the proposals are acceptable in terms of education provision and afford able housing .

(a) Policies E41 and E42 in the adopted Rural West Local Plan (RWLP) require a high standard of design for new development that is appropriate in terms of its landscape setting and relationship with existing buildings. The development should comply with the Council’s approved guidance on transport matters. The site must also conform to the master plan prepared for the wider development and the approved North Kirkliston Development Brief.

The proposals seek to approve the matters of detail from the previous grant of outline planning permission (06/05149/0UT), matters of principle and 6

associated mitigation having already been agreed at that stage. The submitted master plan takes forward the outline proposals and allows the development to be considered in a strategic manner thereby meeting the concerns of the Community Council regarding the submission of a series of separate applications for the various sites.

For this site, the master plan identifies relevant constraints including noise, airport safeguarding and the Edinburgh Airport Rail Link (EARL). Noise and airport safeguarding matters do not directly affect the submitted layout and are considered as matters of detail in section d below. Matters relating to EARL are considered below.

EARL

The master plan identifies that part of the application site is safeguarded through the Parliamentary Act for temporary construction works designed to facilitate the construction of EARL on land to the north. The EARL project itself is currently suspended pending a review of future transport priorities; however the existing restriction remains. To accord with this restriction, the current proposals have been designed to be built in 2 phases thereby allowing the temporary construction works to be completed alongside the first phase of development should this be required. Construction works on the safeguarded land would not go ahead without the agreement of the various parties.

Transport Scotland has withdrawn an earlier objection regarding the principle of the development on the restricted land, and is content with the restriction to be highlighted within an applicant informative. This is acceptable.

Traffic generation, parking and road safety

The infrastructure requirements in terms of traffic generation and road safety were assessed at the outline stage (06/05149/OUT) and were found to be acceptable subject to the various matters contained in the Section 75 legal agreement being implemented with the development. The concerns from the Community Council regarding the impact of the proposals on the town centre and on key junctions are therefore not accepted as material considerations. Similarly the objection relating to the upgrading of the longer distance cycle route to the south east cannot be met as part of the reserved matters application and is not a material consideration.

A dedicated cycle route is been developed as part of the site infrastructure road to the south and the development also intends to make provision for cycling via an increased footpath width along the eastern site boundary with the 8800 allowing for an off road connection to be made with the existing cycle route to the north. The full provision of the connection goes beyond the extent of land controlled by the applicant and will require to be progressed separately from the development using monies sourced from surrounding developments. 7

The proposed single road access linking with the previously consented infrastructure road to the south (07/04254/FUL) is set back from the proposed junction with the B800 and would not conflict with surrounding development. The internal road layout is a well connected loop system type design, avoiding the need for long cul-de-sacs and has been designed to limit traffic speeds and to promote pedestrian movements through the use of shared surfaces and through suitable pedestrian connections provided to the open space to the west and to the walking route to the north. The proposed parking levels accord with the Council’s standards and are acceptable in road safety terms. Transport matters are therefore acceptable.

The proposals comply in principle with the development plan, the approved development brief and the site wide master plan prepared for the wider development and are acceptable in transport terms.

(b) Policies E41 and E42 in the adopted RWLP require a high standard of design for new development that is appropriate in terms of its landscape setting and relationship with existing buildings. There is also particular emphasis on design quality at gateways and along arterial routes. Further guidance for landscaping is contained within the Council’s adopted landscape g uidance.

Design and Layout

The site is generally flat and the proposed buildings at a maximum of 2 storeys have been chosen ensure the development would not be unduly prominent in the wider landscape. The mix of housing units and the overall scale of development are acceptable in this location. The maximum development height would be two storeys. This is acceptable.

The site is well separated from existing residential properties to the south and there would be no impacts on existing residential amenity. For houses proposed within the development, the proposed garden depths are of a suitable size to provide an acceptable distance from the windows of habitable rooms. There are no overshadowing issues. This is acceptable.

Secure by Design issues raised by the Police Architectural Liaison Officer have been considered in relation to the development and are not seen to require further amendments. It has been confirmed that gates will control access to the linked properties fronting the central open space. This is acceptable.

In line with the master plan the development provides a number of frontages towards the B800, the infrastructure road and overlooking the adjoining open space. The use of corner house types with dual frontages also avoids the creation of blank gables facing the street and would ensure that pedestrian routes are appropriately overlooked. Overall the proposals would ensure the development integrates and does not turn its back on the wider development. This is acceptable. 8

Design and layout issues are acceptable subject to consideration of landscaping and open space provision below.

Landscaping and open space provision

A site of this size requires a high quality usable open space as an integral element of the development forming at least 20% of the site area in accordance with the Council’s guidelines. This provision is shown within the master plan by the strategic open space to the west and the pocket park within the site and by the connection to be made to the informal walking route to the north. The provision meets relevant standards and is acceptable subject to the strategic open space being brought forward separately within phase 1 of the development as outlined in the master plan. This is acceptable.

The site is currently open and no trees would be affected by the proposals.

A revised landscape strategy has been submitted specifying tree, hedge and shrub planting to be carried out within the site boundary. The main areas for landscaping within the centrally located pocket park and along the southern boundary with the infrastructure road are acceptable both in terms of providing containment and linking with the strategic landscape provision to be brought forward separately within phase 1. This is acceptable subject to the matters of detail being considered in relation to airport safeguarding criteria in section d.

Materials

The proposed materials using a combination of reconstituted stone, render, timber windows and doors, profiled concrete roof tiles and vertically boarded timber fencing are acceptable for the less prominent areas within the site. On more prominent elevations, for instance fronting the 6800, reconstituted stone perimeter walling would provide a distinctive edge that would complement the proposed boundary landscaping. A flat profiled grey concrete roof tile would also be used in this location integrating with materials proposed for the perimeter of housing area D to the south. The proposed materials are acceptable.

Overall the design and layout is acceptable subject to further consideration of the matters covered in sections below.

(c) Relevant policies contained in the adopted RWLP for sustainability include El Sustainable Development, E2 Energy Efficiency and Waste and E41 Design of New Development. The policies promote the use of innovative design solutions to achieve higher standards of energy efficiency. The adopted Edinburgh Standards for Sustainable Building (ESSB) is the main guidance document used to assess the development and is based on the policy guidance contained in the Scottish Government produced SPP6 Renewable Energy.

The site forms part of a large scale development for which higher standards are expected across a range of factors including the priority standards of for 9 on site renewable energy provision and energy efficiency. Currently a 5% carbon reduction by energy efficiency and 15% by renewable energy measures is expected to be achieved; however these figures may change once the current review of the ESSB has been completed. The stated figures are seen in the context of the Council’s approach to economic resilience. The development will be assessed against the range of criteria set out in the ESSB and are expected to strike a reasonable balance between quality aspirations and financial impact.

Approximately 50% of the proposed properties are south facing and this orientation has been chosen in order to maximise solar gain and to allow properties to gain maximum benefit from solar energy technologies. The developer for the site is proposing the use of energy efficiency measures and the provision of roof mounted solar panels on individual properties.

Other notable sustainability features include the use of high performance timber windows and doors throughout the development, the use of sustainable timber and recycled materials in construction and devices to reduce household water wastage. There is onsite provision of public open space and the connections proposed to the larger open space to the west and to the associated walking routes are also conducive to reducing car use and making best use of local facilities. The site makes suitable provision for SUDS which will connect into the site wide drainage infrastructure. A car club space is to be provided in the wider development also reducing total car demand.

The applicant has submitted a revised Sustainability Assessment with supporting SAP calculations for each house type based on orientation within the site and the position of solar panels has also been shown. The average carbon reduction is 6.4% from energy efficiency measures, and 10% from the solar panels, giving a total carbon reduction of 16.4%. 10

The summary totals below show that the threshold requirements for the 6 principles are met in all cases and are exceeded for 3 of the principles:

Points Points Threshold Applicable Scored

Principle 1 Design Quality 9 5 5

Principle 2 Inclusion, Health 13 12 8

Principle 3 Renewable energy 34 20 14

Principle 4 Sustainable Resources 17 14 10

Principle 5 Improve Recycling 6 5 5

Principle 6 Sustainable Operation 8 4 4

Totals 87 60 46

Whilst there is a discrepancy between the levels of on site renewables proposed with the development and the target levels in the ESSB, the higher proportion of energy efficiency proposed and the overall quality of the proposed development across the range of sustainability factors means the proposals are acceptable.

(d) Noise

Relevant guidance is contained in PAN 56 Planning and Noise which sets out that design solutions should be found which acceptably mitigate the impacts of noise for the development. A noise assessment report has been prepared by RMP Acoustic Consultants to inform the overall housing site and to provide guidance for the individual development areas. This document has influenced the development of the overall site master plan.

For this site, the main impacts are from the existing railway to the north and the B800 to the east. Mitigation is proposed in the form of acoustic glazing on the elevations of properties facing the B800 road and the existing railway. This would affect 13 of the proposed properties.

The proposed mitigation is acceptable and implementation can be secured by the existing condition attached to the outline consent which would remain.

Flooding and SUDS provision

Although this part of the site is not considered to be at significant risk of flooding, it must be demonstrated that the proposals do not increase the risk of flooding down stream including within the wider development. To minimise 11

risk, the developer has provided a drainage layout and associated statement confirming how the proposals would link in with the wider drainage network. This information is acceptable for this application.

The overall rate of discharge will be agreed separately as part of the detailed design of the site wide drainage infrastructure which is under consideration in terms of the conditions attached to the outline planning consent (06/05149/OUT) and the subsequent infrastructure consent (07/04254/FUL). Suitable controls therefore remain with the Planning Authority and an applicant informative is recommended highlighting this as an outstanding issue to be resolved prior to the commencement of the development.

Aerodrome Safeguarding

Safeguarding issues relating to bird hazard have been considered in relation to the development. No water features are proposed within the development site and the detailed landscaping scheme has been confirmed as being acceptable to BAA safeguarding. A bird hazard management plan is required under the outline planning consent and will be prepared for submission at a later stage allowing for consideration by BAA at that time. This is acceptable.

In terms of sustainability, BAA has concerns regarding the use of wind turbines and green roofs on the development. The applicant has confirmed that neither technology is proposed. The proposed domestic scale solar panels are an acceptable alternative that would not conflict with BAA'S requirements.

The overall height of the development has been designed to be within the safeguarding limits and is acceptable. An applicant informative is proposed regarding the use of cranes during construction. Similarly lighting details are controlled by condition under the outline consent and would be provided separately at a later date. This is acceptable.

Matters relating to aerodrome safeguarding are acceptable subject to the subsequent submission and agreement of lighting and bird hazard management plan details which are controlled under the existing outline consent and to the applicant informative.

Archaeology

The site is non-scheduled and has been assessed in terms of the potential for archaeological remains as required by the outline condition.

It is confirmed there are no archaeological constraints.

(e) Affordable housing

The site must make suitable provision for affordable housing. In accordance with the master plan, affordable housing for the development would be delivered separately on land to the west (08/00031/FUL). This approach 12 accords with Section 75 legal agreement concluded for the outline application which requires that affordable housing is delivered in at least two separate locations within the development site at an overall rate of 25%.

The Community Council has raised concerns regarding the location of the affordable housing adjacent to the M9 spur and in relation to the proportion of family type housing. Housing Strategy has no objections to the type and location of the proposed affordable housing which is acceptable.

Education

Children and Families have confirmed that the site lies within the catchment areas of Kirkliston Primary School and Queensferry High School. The Roman Catholic (Denominational) primary and secondary schools which would serve this development are located in West Lothian.

The objection from the Community Council regarding the impact of the development on education resources in the local area is not accepted as this has been dealt with as part of the Section 75 legal agreement concluded for the outline planning permission covering education contributions in both the City of Edinburgh and West Lothian Council areas.

There are no objections from Children and Families or West Lothian Council subject to the developer fulfilling the obligations set by the existing agreement.

The proposals are acceptable in terms of education provision and affordable housing.

In summary, the proposals are in accordance with the development plan, the approved North Kirkliston Development Brief and relevant non-statutory guidance, and the site wide master plan. A legal agreement has been concluded as part of the outline planning application and would cover the scheme as proposed ensuring relevant education, transport and affordable housing requirements are met. Similarly the conditions granted under the outline permission for the wider development would remain and would ensure the wider infrastructure is brought forward in a timely manner to serve the development. The application can be approved subject to a standard condition relating to the timing of the commencement of development and to applicant informatives regarding EARL, sustainability, the use of cranes during construction, and site wide infrastructure matters. 13

REASON FOR DECISION

The proposals comply with the development plan and associated non- statutory guidance, the approved North Kirkliston Development Brief, and the vision set out in the accompanying master plan and are acceptable.

John Bury I Head of Planning

Contacthe1 Hamish Bell on 0131 529 3143 Ward affected A01 -Almond ______~___~ Local Plan Rural West Local Plan Statutory Housing Deve topment PIan Provision Date registered 20 July 2009

Drawi ng numbers/ 01-06, 07A, 08-47 Scheme Scheme 2

Advice to Committee Members and Ward Councillors

The full details of the application are available for viewing on the Planning and Building Control Portal : www.edinburgh.gov.uk/planning. 14

If you require further information about this application you should contact the following Principal Planner, Linda Nicol on 0131 529 3594. Email: Ii nd a. nicol @edi nbu rg h.gov. u k.

If this application is not identified on the agenda for presentation, and you wish to request a presentation of this application at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting on extension 4325/4273. Alternatively, you may e-mail [email protected] or [email protected] 15

AppendixA 1 +EDINBVRGH* THE ClTV OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Approval of Matters Specified in Conditions Application Address: Land Adjacent To Queensf erry Road Ki rkliston

Proposal: Development of 83 dwelling houses and associated roads, paths, walls, fences, soft and hard landscaping Reference No: 09/01638/REM

Consultations, Representations and Planning Policy

Consultations

Archaeology comment 2 1/08/2009

The area in question was evaluated during the summer of 2008 by AOC Archaeology Group in response to a condition attached to outline consent 06/05149/0UT. The results of the work in this are revealed that modern agriculture had truncated the site and no significant archaeological remains were recovered. Accordingly it has been concluded that there are no known archaeological constraints upon this particular planning application.

BAA further comment 0811012009

We refer to your email dated 22 July 2009, received in this office on the same day and our subsequent correspondence.

I have downloaded the revised landscaping plan number 12-01b revised on 26/08/09 from your website and I can confirm that it is suitable. The berry/fruit bearing species is to be planted in small strips around the development and not in large blocks so will be acceptable in this case.

I understand that there are as yet no details of SUDS or Renewable Energy Systems, so I have requested that the following conditions, relating to these matters be added. If the details are received before the application is determined I believe they will be sent to us for our comments at that stage.

The proposed development has been examined from an aerodrome safeguarding perspective and could conflict with safeguarding criteria unless any planning permission granted is subject to the conditions: 16

Control of Lighting on the Proposed Development The development is close to the aerodrome and/or aircraft taking off from or landing at the aerodrome. Lighting schemes required during construction and for the completed development shall be of a flat glass, full cut off design, mounted horizontally, and shall ensure that there is no light spill above the horizontal.

Reason: To avoid endangering the safe operation of aircraft through confusion with aeronautical ground lights or glare. For further information please refer to Advice Note 2 ‘Lighting Near Aerodromes’ (available at www.aoa.org.uk/publications/safeguarding.asp ).

Your attention is drawn to the Air Navigation Order 2005, Article 135, which states that, ‘Yl person shall not exhibit in the United Kingdom any light which: (a) by reason of its glare is liable to endanger aircraft taking off or landing at an aerodrome; or (b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft, I’ The Order also grants the Civil Aviation Authority power to serve notice to extinguish or screen any such light which may endanger aircraft. Further information can be found Advice Note 2 ‘Lighting Near Aerodromes’ (available at www.aoa. org. uk/publications/safeguarding. asp)

Submission of SUDS Details Development shall not commence until details of the Sustainable Urban Drainage Schemes (SUDS) have been submitted to and approved in writing by the Planning Authority. Details must comply with Advice Note 6 ‘Potential Bird Hazards from Sustainable Urban Drainage Schemes (SUDS). The submitted Plan shall include details of:

Attenuation times Profiles & dimensions of water bodies Details of marginal planting

No subsequent alterations to the approved SUDS scheme are to take place unless first submitted to and approved in writing by the Planning Authority. The scheme shall be implemented as approved.

Reason: To avoid endangering the safe movement of aircraft and the operation of Edinburgh Airport through the attraction of Birds and an increase in the bird hazard risk of the application site. For further information please refer to Advice Note 6 ’Potential Bird Hazards from Sustainable Urban Drainage Schemes (SUDS)’ (available at www.aoa.org.uk/publications/safeguarding.asp ).

Submission of Renewable Energy Scheme No development shall take place until full details of renewable energy schemes have been submitted to and approved in writing by the Planning Authority.

No subsequent alterations to the approved renewable energy scheme are to take place unless submitted to and approved in writing by the Planning Authority. The scheme shall be implemented as approved. 17

Reason: To ensure the development does not endanger the safe movement of aircraft or the operation of Edinburgh Airport through interference with communication, navigational aids and surveillance equipment.

Height Limitation on Buildings and Structures No crane of piece of construction equipment associated with the development hereby permitted shall exceed 85m AOD.

Reason: Development exceeding this height would penetrate the Obstacle Limitation Surface (OLS) surrounding Edinburgh Airport and endanger aircraft movements and the safe operation of the aerodrome. See Advice Note I ‘Safeguarding an Overview’ for further information (available at www.aoa. org. uWp ublications/safeguarding. asp).

We would also make the following observation:

Cranes Given the nature of the proposed development it is possible that a crane may be required during its construction. We would, therefore, draw the applicant’s attention to the requirement within the British Standard Code of Practice for the safe use of Cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at www.aoa. org. uWpublications/safeguarding. asp).

We, therefore, have no aerodrome safeguarding objection to this proposal, provided that the above conditions are applied to any planning permission.

It is important that any conditions requested in this response are applied to a planning approval. Where a Planning Authority proposes to grant permission against the advice of BAA, or not to attach conditions which BAA has advised, it shall notify BAA, and the Civil Aviation Authority and the Scottish Ministers as specified in the Safeguarding of Aerodromes Direction 2003.

BAA 12l08l2009

Thank you for your email dated 10 August relating to Sustainability and Landscaping, our comments are as follows:

Sustainability Our main concern would be the provision of wind turbines as they can impact on the safe operation of aircraft through interference with navigational aids utilised by the airport. If turbines are proposed for this site, early consultation should take place so that they can be assessed in more detail to determine the potential impacts on aviation interests. This is explained further in Advice Note 7 ‘Wind Turbines and Aviation ‘.

Our other concerns would be the provision of large areas of ’green roof‘ but it appears that they do not form part of this application. The other concern would be any SUDS ponds but I believe that has been dealt with under an earlier 18 application and the proposed SUDS feature is not within the red line area for this application ?

Landscaping To be able to determine as to whether the landscaping scheme will be a problem or not for us we would need to know the numbers of each species to be planted. We would ask that the berry/fruit bearing component of the landscaping scheme be less than 5% of the entire planting palette and that those species be dispersed throughout to ensure that pockets of exploitable habitat are not formed. We would not wish to see Oak Quercus Robur or Scots Pine Pinus Sylvestris be included in the scheme as they form broad canopies and are attractive to pigeons and corvids for nesting and roosting. All the other proposed trees should be planted at 4m centres or greater so that continuous canopies are not formed.

I would ask that the application is not determined until we have had a chance to comment on the revised landscaping details. Thanks for your help with this I will look forward to hearing from you. If you require any further details, please do not hesitate to contact me.

Bridges and Structures 1911012009

I have asked for clarification of issues which I have raised regarding details of the flood risk assessment. These may affect the design of the drainage and culverts, the levels of the houses and the design of the storage basins. I must be satisfied that these are correct before I can recommend approval of this proposal.

Bridges and Structures 10/08l2009

I. There are currently a number of issues relating to this site which have been raised in other planning applications and have yet to be addressed, these relate to the roads infrastructure and the drainage of the site including the existing B800 road. It may not be possible for this part of the development to proceed without the others being approved first. The related applications are 07/04254/FUL & 08/00031/FUL.

Specifically to this application:

2. Drainage design calculations are required for the whole site showing that drainage and SUDS facilities are designed to prevent an increase in flood risk. Details of current field drains should be shown along with proposals to prevent flooding from existing field drainage.

3. When developing this site the content of the Flood Risk & Surface Water Assessment should be considered and implemented where necessary.

4. Details must be provided showing that the discharge does not exceed the Councils’ requirements (usually the 2 year Greenfield runoff or 4.Sl/sec/ha, whichever is the lower). Further to this, the system shall also be capable of attenuating runoff from the 30 year rainfall event and the developer shall ensure that 19 the SUDS system does not cause pollution to the watercourse. The developer shall submit details of the SUDS system to SEPA and this Unit for consent.

5. The site design must show that flood risk to the development and adjacent property is not increased due to diversion of surface water by the development (principally due to ground level changes).

Children and Families 2110812009

This is a residential development of 83 dwellings, located within the catchment areas Of;

Kirkliston Primary School; and

0 Queensferry High School.

RC primary and secondary school provision in Kirkliston is provided by West Lothian Council and you should contact then separately for comments.

The proposed development by Walker Homes is part of the wider development of the full North Kirkliston site as submitted by The Kirkliston Consortium (Ref 06/05149/0UT). This application was for “Mixed use development comprising new housing, public open space and associated community facilities and reserving a site for a primary school - amended”

In discussion with the developers and reflecting the preferences of the community, it has been agreed that instead of building a new school, developer contribution would be made towards extending Kirkliston Primary School and upgrading facilities to cater for pupils generated by the development of 610 dwellings.

A Section 75 Agreement relating to the outline planning application sets out the agreed position and this seeks developer contributions of f4.9 million for works to Kirkliston Primary School. The Section 75 Agreement makes provision for staggered payments based on trigger levels related to occupancy of the houses across the full development site.

I have no objection to the proposed development by Walker Homes, subject to it being bound by the provisions of the Section 75 Agreement in respect of developer contribution for Kirkliston Primary School.

Envi ro n mental Assess me nt 2010 812009

This department requested that the applicant provide a noise assessment report due to the proximity of several busy roads and a railway line at this site. The report provided by RMP acoustic consultants (Technical Report No. U4137H/09) recommends that due to road, rail and aircraft noise there should be mitigation measures undertaken to ensure that residential amenity is adequate protected. The recommendations in Section 7.0 indicate that acoustic double glazing is required on windows facing the main road and railway line. Subsequently Environmental Heallh has no objections to the proposed development subject to the following condition: 20

I) All living apartments in development plot E, facing the railway line and B900 as marked in Appendix A, shall be fitted with acoustic double glazing according to specifications given in Section 7.0 of Noise Assessment Report from RMP (Technical Report No. U4137H/09).

Housing Strategy 18/08/2009

The Housing Department has worked with Planning to develop a methodology for assessing housing requirements by tenure, which supports an Affordable Housing Policy (AHP) for the city. The AHP makes the provision of affordable housing a planning condition for sites over a particular size. The proportion of affordable housing required is set at a city-wide level of 25% for all proposals of 12 units or more. This is consistent with Policy Hou 7 Affordable Housing in the Finalised Edinburgh City Local Plan.

The department would anticipate that the location, the mix and the range of sizes of the affordable housing contribution would be reflective of the overall development as a whole, in the interests of achieving mixed, sustainable communities. The department would expect that at least 70% of the affordable housing contribution would be for social rented housing and that the applicant would engage in discussions concerning the delivery of affordable housing at the earliest possible stage with a Registered Social Landlord.

Affordable housing provision, where it attracts public subsidy in the form of Housing Association Grant, should be compliant with Ne w-build Standards for Lifetime Homes, and 10% of the affordable housing contribution should be wheelchair- accessible. The department also aims to see the affordable housing contribution delivered at the earliest possible opportunity within any given development.

This proposal is for 83 units, therefore under regular circumstances the AHP would apply. However, this application is a reserved matters application linked to the overarching outline Master plan for the area, with planning reference 06/05149/0UT. A Section 75 Agreement has been signed for that application, which governs the overall site area. The Section 75 Agreement makes provision for 152 affordable housing units, which are to be provided across at least two separate locations within the Master plan site, and which will comprise a minimum of 70% social rented tenure housing (the remaining 30% of the affordable housing contribution comprising Low Cost Home Ownership tenures such as shared equity, shared ownership and/or discount sale).

This affordable housing contribution, which equates to 25% of the total number of proposed residential units across the Master plan site, represents an above-policy- requirements affordable housing contribution for this site, given that the outline application was submitted at a time when the Rural West Edinburgh Local Plan area required only 15% affordable housing. This outcome is therefore warmly welcomed by Services for Communities, just as we understand it has been warmly welcomed by the local community.

The two areas within the Master plan site that would contain the affordable housing contribution would be the areas known as Area X and Area Y. As this application is 21 for Area E, there is no objection from Services for Communities that there is no affordable housing contained within this particular reserved matters application, as the overall affordable housing contribution has been secured through the Section 75 Agreement for the wider Master plan site within two other agreed locations.

The Department is confident that the affordable housing provision for the Master plan area will not be left until the end of the construction process, and welcomes the fact that the first full planning application submitted for an area within the Master plan site was submitted in 2008 by Barratt Homes for the affordable housing site, Area X. That application (08/00031/FUL) has yet to be determined, but the fact it was the first application brought forward was encouraging, from the affordable housing standpoint.

Services for Communities therefore has no objections in principle to this development. However, there is one question that we would be grateful if our colleagues in Planning could take to the applicant, in order to allow Services for Communities to formally support the application. Services for Communities requests that the applicant confirms to the Planning Authority that it is their explicit intention, as part of the Kirkliston Consortium, to provide the affordable housing contribution from this site (and all other parts of the Master plan from application 06/05149/0UT) on areas X and Y agreed within the wider Master plan site.

Upon receipt of confirmation of the above, the Department would be happy to support the proposed application. Services for Communities would be pleased to assist in negotiations with the applicant in respect of any queries relating to affordable housing.

K i rkli s t o n Community Cou nci I 28/0 8/2 0 09

The following is a summary of objections made by the Community Council:

* The proposals involve the loss of Greenfield land around Kirkliston

* The overall scale of development as part of wider housing allocation

* The applications should be dealt with as a single submission allowing for a public meeting to be held to consider the plans and to present the concerns of the local community.

* Development would worsen existing traffic problems at various key junctions both during and subsequent to construction

* The number of additional vehicles generated by the development has been significantly underestimated and there is there is insufficient car parking in the town centre to accommodate the development.

* Due to the site's location local shopping trips are going to be by car. A small retail facility provided as part of the development may have helped to address this problem. 22

* There is insufficient retail, medical, academic, and public transport infrastructure in place to support the development.

* The affordable housing should be family type accommodation with gardens and be integral to each of the planned developments. Concerns are raised regarding the proportion of flats and the location next to the M9 Spur.

Lothian and Borders Police 31/08/2009

In order for the development to obtain Secured By Design accreditation, the following areas shall require further consideration as part of the detailed design (detailed response marked sensitive):

Site Layout Car parking Landscaping Communal Areas Boundaries Rear Access Paths Street Lighting External Doors (Front and Rear) Additional Doors Windows Garages Communal Access Doors Security Lighting Intruder Alarm System

SEPA 20/08/2009

Based on the information currently available to us we have no objection to this planning application. Please note the advice provided below.

I. Protection of the water environment

1.I A Sustainable Urban Drainage (SUDS) strategy has already been agreed for this development and we are satisfied that it is appropriate for this scale of development.

1.2 Part of the proposed SUDS is for swales to run to two detention basins at the eastern end of the development site. We recommend that the applicant is asked to confirm that the basins have been sized to accept this additional discharge. If the applicant has any queries in respect of this, they are welcome to consult with our Edinburgh Environmental Protection & Improvement Team, as below.

1.3 The planning application details that the proposed development would be utilising the public sewer for foul drainage, and therefore we have no further comment to make on this issue. However, the applicant should consult with Scottish Water to ensure such a connection is available and whether restrictions at the local sewage treatment works will constrain the development. 23

2. Promotion of sustainable waste management

2.1 We support the developer’s commitment to prepare a site waste management plan (SWMP), to identify how much waste will be produced, how this can be minimised and what might be done with the waste. The NetRegs website (www.netregs-swmp.co. uk) offers ‘A Simple Guide to Site Waste Management Plans’ which has a useful checklist and guide for creating a site waste management plan.

This planning advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take into account factors not considered at the planning stage.

3. Regulatory advice

3.1 Based on the information made available, the proposed surface water drainage scheme appears to be in accordance with the requirements of General Binding Rules (GBRs) IO and I I of The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR) (as amended), and the scheme is therefore acceptable to SEPA. Details of the requirements of these GBRs can be found in the CAR practical guide, available at www.sepa. org. uWwater/water_publications.aspx

3.2 There may be waste management licensing implications arising from the importation of waste material such as soil for landscaping or for any other purpose. Generally, waste material can only be imported to a site if a waste management licence is in effect or if an activity exempt from licensing has been registered with us. Similarly, any waste removed from a site must be deposited either at a suitably licensed site or at a site for which a relevant exempt activity has been registered. We regard all soils, including topsoil, removed from sites as waste.

3.3 Where waste is either imported to or exported ti-om a site, applicants and their contractors should be fully aware of the relevant requirements relating to the transport of controlled waste by registered carriers, and the furnishing and keeping of duty of care waste transfer notes. Any proposals to reuse or recycle materials such as soils from other sites may require to be registered with us under a Waste Management Exemption.

Scottish Water 29/07/2009

Scottish Water has no objection to this planning application. However we are unable to reserve capacity at our water and wastewater treatment works in advance of formal agreement made with us. In view of this, the information provided in this letter will need to be reviewed if this proposal progresses to full planning approval.

In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received. 24

Due to the size of this proposed development it is necessary for Scottish Water to assess the impact this new demand will have on our existing infrastructure. With any development of 10 or more housing units, or equivalent, there is a requirement to submit a fully completed Development Impact Assessment form. Development Impact Assessment forms can be found at www.scottishwater.co.uk.

Balmore Water Treatment Works currently has capacity to service this proposed development. A VSE Newbridge Waste Water Treatment Works currently has capacity to service this proposed development.

In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will require to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws.

Trans port 05/08/2009

No objection.

Transport Scotland further comment 0911 0/2009

I refer to your letter of the I? September and apologise for the delay in responding while the matter was being investigated. The Act of Parliament reserves the land required for both permanent and temporary works and such Transport Scotland have altered the issued TR/NPA/2 which is attached. In terms of timescale the Act is in force for 5 years and at that time is referred back to Parliament for a possible 5 year extension.

The Director advises that the conditions shown below be attached to any permission the Council may give:

Prior to any works commencing within the reserved land the applicant will require to consult with Transport Scotland (NOTE - this TR/NPA/2 has been revised as the Act of Parliament for EARL covers the reserved land for both permanent and temporary works in connection with the project.). This is to that no building affects the possible implementation of the future scheme.

Transport Scotland 03/09/2009

The Director advises that planning permission be refused - work completed to date on the design of EARL is to be preserved and archived in a manner which does not close down future options. 25

West Lothian Council 29/07/2009

West Lothian Council raises no objection to this application, however we note that this is a reserved matters application linked to the overarching outline planning permission reference 06/05149/OUT relative to the developments at Kirkliston and would ask that due cognisance is taken of the terms of the section 75 agreement attached to that permission, in terms of the education contribution requirements to be paid to our council for the denominational sector in West Lothian.

Representations

A single objection has been received from a cycling organisation CTC Scotland. The following issues are raised (non-material):

Due to the scale of the overall development, contributions should be sought towards the upgrading of wider cycle network, specifically the former railway corridor from Kirkliston which links with South Queensferry/ Dalmeny to the north and Newbridge to the south.

The route is currently in an unsuitable condition for cycling and its upgrading would enable its use for commuting, routes to school, shops etc.

These issues are addressed in section a.

Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street.

Planning Policy

Policy HOU3 Strategic Housing Allocations of the Edinburgh and Lothians Structure Plan identifies land to be allocated for housing, including 1,000 units in the core development area of Newbridge/ Kirkliston/ Ratho.

The site lies within the settlement boundary of Kirkliston of the Rural West Edinburgh Local Plan where the land is defined as a strategic housing land allocation (HSP 1 North Kirkliston), with an estimated capacity of 610 units. Housing on the allocated site shall not be occupied before the West Edinburgh Tram to Newbridge is operational or its funding has been committed or, in the event of this not being delivered, other strategic (or strategically significant) improvements in public transport accessibility to the area have been secured.

Relevant Policies:

Relevant policies of the Rural West Edinburgh Local Plan.

Policy El seeks to prevent development which would be inconsistent with local plan objectives for sustainable development. 26

Policy E3 encourages all new development proposals to incorporate features in their design and layout to maximise energy efficiency and minimise waste.

Policy E41 encourages high standards of design for all development and its careful integration with its surroundings in terms of scale, form, siting, alignment and materials. New development should improve energy efficiency and reduce noise pollution.

Policy E42 requires new buildings to make a positive contribution to the overall quality of the environment and the street scene, making provision for high quality landscaping and, where appropriate, new open spaces.

Policy R45 says that as a general principle all new residential and business development should be designed to avoid or manage any threat to susceptible properties from a 200 year flood

Policy E46 states that planning applications should demonstrate that proposals will not result in a significant increase in surface water run-off relative to the capacity of the receiving water course in flood risk areas.

Policy H2 says that housing development will be supported on sites HSPI to HSP7

Policy H5 states that all new housing should harmonise with and reflect the character of its surroundings and should adhere to the criteria set out in the policy.

Policy TRA4 says that development proposals should make specific provision for the needs of cyclists and pedestrians and provide convenient and safe access to existing or proposed networks where practicable

Policy TRA5 says that the Council will support traffic management measures which seek to create a safe and attractive environment, particularly in towns and village centres and residential areas 27

Appendix B

+ ED1NBVRGH * THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Approval of Matters Specified in Conditions Application Address: Land Adjacent To Queensfe rry Road Ki rkliston

Proposal: Development of 83 dwelling houses and associated roads, paths, walls, fences, soft and hard landscaping Reference No: 09/01638/REM Conditions/Reasons associated with the Recommendation

Reco mmend at ion

It is recommended that this application be APPROVED

Conditions

1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later.

Reasons

1. In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

IN FORMATIVES

It should be noted that:

1. The Act of Parliament for the Edinburgh Airport Rail Link (EARL) sets a temporary reservation for land in the northern part of the site designed to enable the construction of EARL. Prior to any works commencing 28

within the reserved land, the applicant shall consult with Transport Scot Iand. 2. The development shall be carried out in accordance with the measures identified in the approved Sustainability Statement Form. The applicant should submit a Self Declaration Form to the Head of Planning and Strategy on completion and prior to occupation unless otherwise agreed. 3. Although the internal site drainage shown for this development is acceptable, it shall require to connect into the site wide drainage infrastructure approved under application reference 07/04254/FUL for which further details are required by condition and under the reserved matters for the outline consent 06/05149/OUT. Agreement regarding these matters of detail shall be required prior to the commencement of development. 4. The British Standard Code of Practice for the safe use of Cranes, requires that crane operators consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at www. aoa.org .u k/pu blications/safeguarding .asp).

End 29

Appendix C

+ EDIN BVRGH THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT Application Type Approval of Matters Specified in Conditions Proposal: Development of 83 dwelling houses and associated roads, paths, walls, fences, soft and hard landscaping Reference No: 09/01 6381REM

Alrnandl

Location Plan Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office 0Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number 100023420 The City of Edinburgh Council 2005.