(Public Pack)Agenda Document for Development Management Sub-Committee, 25/09/2019 10:00

Public Document Pack

Notice of meeting and agenda

Development Management Sub-Committee

10.00 am Wednesday, 25th September, 2019

Dean of Guild Court Room - City Chambers

This is a public meeting and members of the public are welcome to attend

Contacts

Email: veronica.macmillan@edinburgh.gov.uk / [email protected] Tel: 0131 529 4283/ 0131 529 4237

1. Order of business

1.1 Including any notices of motion, hearing requests from ward councillors and any other items of business submitted as urgent for consideration at the meeting.

1.2 Any member of the Council can request a Hearing if an item raises a local issue affecting their ward. Members of the Sub- Committee can request a presentation on any items in part 4 or 5 of the agenda. Members must advise Committee Services of their request by no later than 1.00pm on Monday 23 September 2019 (see contact details in the further information section at the end of this agenda).

1.3 If a member of the Council has submitted a written request for a hearing to be held on an application that raises a local issue affecting their ward, the Development Management Sub- Committee will decide after receiving a presentation on the application whether or not to hold a hearing based on the information submitted. All requests for hearings will be notified to members prior to the meeting.

2. Declaration of interests

2.1 Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest.

3. Minutes

3.1 Minutes of the Development Management Sub-Committee of 11 9 - 14 September 2019 (circulated) – submitted for approval as a correct record

Development Management Sub-Committee - 25 Page 2 of 8 September 2019

4. General Applications, Miscellaneous Business and Pre-Application Reports

Pre-Applications

4.1 14 Ashley Place Edinburgh EH6 5PX - Forthcoming application 15 - 20 by Glenpop 4 LLP. for a Residential development comprising up to 63 apartments, associated infrastructure and landscaping – application no 19/03433/PAN - Report by the Chief Planning Officer

4.2 34 Fettes Row, 7,9,11,13 Eyre Terrace Edinburgh EH3 6RH - 21 - 28 Forthcoming application by Izar V Lux S.a.r.l for Demolition of existing buildings and erection of mixed-use development comprising residential, hotel,office, student accommodation, senior living retirement housing and other commercial uses including food and drink and healthcare uses, with associated landscaping / public realm, car parking and access arrangements – application no 19/03803/PAN – Report by Chief Planning Officer

4.3 48 - 50 Iona Street Edinburgh EH6 8SW - Forthcoming 29 - 34 application by Iona Street, Edinburgh Ltd And Walker Timber Ltd for Demolition of the existing warehouse and office building. Construction of general market flatted dwellings, affordable flatted dwellings and student accommodation – application no 19/03802/PAN – Report by Chief Planning Officer

4.4 57 Tower Street And 1 Bath Road Edinburgh EH6 7BB - 35 - 40 Forthcoming application by BDW Training Limited for a Proposed mixed use development with associated landscape, drainage, roads and infrastructure – application no 19/03870/PAN – Report by Chief Planning Officer

Development Management Sub-Committee - 25 Page 3 of 8 September 2019

Applications

4.5 120 - 122 Colinton Road, Edinburgh EH14 1BY - Erection of a 41 - 54 new retail unit and 6 residential flats (as amended, reduced to 5 residential flats) – application no 19/01839/FuL – Report by Chief Planning Officer It is recommended that this application be GRANTED.

4.6 40 Drumbryden Road, Edinburgh (At Site 71 Metres Northwest 55 - 74 Of) - Residential development (49 dwellings) with associated car parking, access, open space, drainage infrastructure and other associated development – application no 19/01171/FUL – Report by Chief Planning Officer It is recommended that this application be GRANTED.

4.7 199 Fountainbridge, Edinburgh (At Site 60 Metres South Of) - 75 - 98 Approval of matters specified in conditions 1, 2 (a-m) and (i)-(v), 3, 17, 18, and 20 relating to Plot W4 including residential/commercial units; detail of height, massing, ground floor levels, design of external features/materials including public realm, pedestrian/cycle access arrangements, treatment to adopted roads/footways, servicing, parking, surface water/drainage, street lighting, waste management, hard/soft landscaping details, active frontage – application no 19/02475/AMC – Report by Chief Planning Officer It is recommended that this application be APPROVED.

4.8 1 And 4 Gilmerton Station Road, Edinburgh EH17 8RZ - Mixed 99 - 126 Use Development comprising - Class 1 retail, class 2 professional services, class 3 (inc Sui Generis) Food and Drink, class 4 to 6 Business/ Industrial, class 7 Hotel, class 11 Assembly and Leisure, Access, Car Parking, Servicing, Bridge, Demolition and Associated Works – application no 19/02122/PPP – Report by Chief Planning Officer It is recommended that this application be REFUSED.

4.9 254 Leith Walk Edinburgh, EH6 5EL - Demolition of existing 127 - 150 warehouse. Erection of residential development comprised of one

Development Management Sub-Committee - 25 Page 4 of 8 September 2019

and two bedroom flats, 10no. in total plus associated access and landscaping. Incorporating modern green roofs. (as amended) – application no 19/01810/FUL – Report by Chief Planning Officer It is recommended that this application be GRANTED.

4.10 399 Old Dalkeith Road, Edinburgh (At Land 267 Metres Northeast 151 - 166 Of) - Section 42 application for the amendment of conditions 1 & 3, and the deletion of conditions 7, 9 & 12 of planning permission in principle 13/05048/FUL - Centre for bio-medical research including educational, health and support facilities application no 19/03063/FUL – Report by Chief Planning Officer It is recommended that this application be GRANTED.

4.11 Stopping Up Order - Parts of Footway Ardmillan Terrace, 167 - 172 Edinburgh – application no PO/19/01 – Report by Chief Planning Officer It is recommended that this Stopping Up Order be CONFIRMED.

5. Returning Applications

5.1 None.

Development Management Sub-Committee - 25 Page 5 of 8 September 2019

6. Applications for Hearing

6.1 None.

7. Applications for Detailed Presentation

7.1 94 Ocean Drive, Edinburgh (At Land 143 Metres South East Of) - 173 - 226 Residential development of 338 flats over 4 apartment buildings with heights of 10 storeys (Building A), 14 storeys (Building B), 12 storeys (Building C) and 10 storeys (Building D) with two commercial units (Class 1,2,3 and 4), car parking and associated landscaping (as amended) – application no 19/02778/FUL – Report by Chief Planning Officer It is recommended that this application be GRANTED.

7.2 Western Harbour, Western Harbour Drive, Edinburgh - Approval 227 - 290 of matters specified in condition 2 of planning permission 09/00165/OUT for residential and commercial development providing for Use Classes 1, 2, 3 and 4 and associated infrastructure – application no 19/00986/AMC – Report by Chief Planning Officer It is recommended that this application be APPROVED.

7.3 Western Harbour, Western Harbour Drive, Edinburgh - Approval 291 - 318 of Matters as Specified in Condition 2 of planning permission 09/00165/OUT for a proposed park application no 19/01040/AMC – Report by the Chief Planning Officer It is recommended that this application be APPROVED.

8. Returning Applications Following Site Visit

8.1 None.

Andrew Kerr

Development Management Sub-Committee - 25 Page 6 of 8 September 2019

Chief Executive

Committee Members

Councillors Councillor Neil Gardiner (Convener), Councillor Maureen Child (Vice- Convener), Councillor Chas Booth, Councillor Mary Campbell, Councillor George Gordon, Councillor Joan Griffiths, Councillor Max Mitchell, Councillor Joanna Mowat, Councillor Hal Osler, Councillor Rob Munn and Councillor Cameron Rose Information about the Development Management Sub-Committee

The Development Management Sub-Committee consists of 11 Councillors and is appointed by the City of Edinburgh Council. The Development Management Sub- Committee usually meets in the Dean of Guild Court Room in the City Chambers on the High Street in Edinburgh. There is a seated public gallery and the meeting is open to all members of the public. Further information

If you have any questions about the agenda or meeting arrangements, please contact Veronica MacMillan or Martin Scott, Committee Services, City of Edinburgh Council, Business Centre 2.1, Waverley Court, 4 East Market Street, Edinburgh EH8 8BG, Tel 0131 529 4283 / 0131 529 4237, email [email protected] / [email protected]. A copy of the agenda and papers for this meeting will be available for inspection prior to the meeting at the main reception office, City Chambers, High Street, Edinburgh. The agenda, minutes and public reports for this meeting and all the main Council committees can be viewed online by going to www.edinburgh.gov.uk/cpol. Webcasting of Council meetings

Please note this meeting may be filmed for live and subsequent broadcast via the Council’s internet site – at the start of the meeting the Convener will confirm if all or part of the meeting is being filmed. The Council is a Data Controller under current Data Protection legislation. We broadcast Council meetings to fulfil our public task obligation to enable members of the public to observe the democratic process. Data collected during this webcast will be retained in accordance with the Council’s published policy including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site.

Development Management Sub-Committee - 25 Page 7 of 8 September 2019

Generally the public seating areas will not be filmed. However, by entering the Council Chamber and using the public seating area, individuals may be filmed and images and sound recordings captured of them will be used and stored for web casting and training purposes and for the purpose of keeping historical records and making those records available to the public. Any information presented by individuals to the Council at a meeting, in a deputation or otherwise, in addition to forming part of a webcast that will be held as a historical record, will also be held and used by the Council in connection with the relevant matter until that matter is decided or otherwise resolved (including any potential appeals and other connected processes). Thereafter, that information will continue to be held as part of the historical record in accordance with the paragraphs above. If you have any queries regarding this, and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact Committee Services ([email protected]).

Development Management Sub-Committee - 25 Page 8 of 8 September 2019

Agenda Item 3.1

Minutes

Development Management Sub-Committee of the Planning Committee

10.00 am, Wednesday 11 September 2019

Present: Councillors Gardiner (Convener), Child (Vice-Convener), Booth, Mary Campbell, Dixon (substituting for Councillor Gordon), Griffiths, Mitchell, Mowat, Munn, Osler and Rose. 1. Minutes

To approve the minute of the Development Management Sub-Committee of 28 August 2019 as a correct record. 2. General Applications and Miscellaneous Business

The Sub-Committee considered reports on planning applications listed in Sections 4 and 7 of the agenda for this meeting. Requests for Presentations The Chief Planning Officer gave a presentation on agenda Item 4.5 – 9 - 21 Salamander Place, Edinburgh – Requested by Councillor Booth Decision To determine the applications as detailed in the Appendix to this minute. (Reference – reports by the Chief Planning Officer, submitted.)

3. 33 Pinkhill, Edinburgh, EH12 7BF

Details were provided of proposals for planning permission for the demolition of an existing office building and development of 46 apartments (as amended) at 33 Pinkhill, Edinburgh, EH12 7BF – application no 19/02449/FUL. The Chief Planning Officer gave details of the proposals and the planning considerations involved and recommended that the application for planning permission be grated. Motion To grant Planning Permission subject to the conditions, reasons, informatives and a legal agreement set out in section 3 of the report by the Chief Planning Officer and an additional condition that improvements are made to bin store.

Development Management Sub-Committee of thePage Planning 9 Committee – 11 September 2019 - moved by Councillor Gardiner, seconded by Councillor Child. Amendment To refuse planning permission as the application was contrary to Local Development Plan Policies Hou 2 and Hou 3. - moved by Councillor Booth, seconded by Councillor Osler.

Voting

For the motion: - 8 votes (Councillors Child, Dixon, Gardiner, Griffiths, Mitchell, Mowat, Munn and Rose)

For the amendment: - 3 votes

(Councillors Booth, Campbell and Osler) Decision To grant Planning Permission subject to the conditions, reasons, informatives and a legal agreement set out in section 3 of the report by the Chief Planning Officer and an additional condition that improvements are made to bin store. (Reference – report by the Chief Planning Officer, submitted.)

4. 221 Ferry Road, Edinburgh, EH6 4NN

Details were provided of proposals for planning permission for the proposed change of use from a Class 7 hotel to a 19-bedroom (maximum 30-person occupancy) house of multiple occupation and associated internal and external alterations (as amended) - application no 19/02449/FUL. Motion To continue the application for determination by means of a hearing at a future Development Management Sub-Committee. - moved by Councillor Gardiner, seconded by Councillor Munn. Amendment To determine the application at the meeting of the Development Management Sub-Committee of 11 September 2019. - moved by Councillor Child, seconded by Councillor Rose.

Voting

For the motion: - 8 votes (Councillors Booth, Campbell, Dixon, Gardiner, Mitchell, Mowat, Munn and Osler)

For the amendment: - 3 votes

(Councillors Child, Griffiths and Rose)

Development Management Sub-Committee of thePage Planning 10 Committee – 11 September 2019 Decision To continue the application for determination by means of a hearing at a future Development Management Sub-Committee. (Reference – report by the Chief Planning Officer, submitted.)

Development Management Sub-Committee of thePage Planning 11 Committee – 11 September 2019 Appendix

Agenda Item No. / Details of Proposal/Reference No Decision Address

Note: Detailed conditions/reasons for the following decisions are contained in the statutory planning register.

Item 4.1 - 553 - 555 Proposed student accommodation/ 1) To note the key issues at Gorgie Road and flatted residential / local retail and this stage. Land 29 Metres class 3 development. - application 2) To take into account the North Of 19 no 19/03262/PAN following additional Stenhouse Mill issues: Wynd, Edinburgh, EH11 3LE • Wider connectivity in terms of active travel links to Water of Leith Walkway and active travel network with streets and cycle way • Historic context of Mill

Item 4.2 - Unit 1, 146 Redevelopment of site, retaining To GRANT Planning Permission Duddingston Road existing listed buildings, and in Principle subject to the West, Edinburgh converting to residential use whilst conditions, reasons, informatives retaining current employment uses and a legal agreement set out in (classes 1, 4, and 11) but not section 3 of the report by the necessarily in the same location as Chief Planning Officer existing, and introducing a cafe/restaurant, (class 3) and new build residential. (as amended) - application no 18/07736/PPP

Item 4.3 - 221 Ferry Proposed change of use from Class To CONTINUE the application for Road, Edinburgh, 7 hotel to 19 bedroom (maximum 30 determination by means of a EH6 4NN person occupancy) house of hearing at a future Development multiple occupation and associated Management Sub-Committee. internal and external alterations (as amended). - application no 19/02722/FUL (on a division)

Development Management Sub-Committee of thePage Planning 12 Committee – 11 September 2019

Agenda Item No. / Details of Proposal/Reference No Decision Address

Item 4.4 - Granton Formation of access roads and To REFUSE Planning Permission Harbour, West footways and public realm; and subject to the reasons set out in Harbour Road, associated quay edge retention section 3 of the report by the Edinburgh scheme, to serve the Granton Chief Planning Officer. Harbour plot 29 (residential development) and plot 35 (hotel development) - application no 19/00844/FUL

Item 4.5 - At Former, Approval of Matters Specified in To APPROVE Matters Specified 9 - 21 Salamander Conditions 1 to 17 of 16/03356/PPP in Conditions subject to the Place, Edinburgh for Phase 5+ of approved conditions, reasons, informatives masterplan. Details of residential and a legal agreement set out in development of ten buildings section 3 of the report by the consisting 155 units (as amended) - Chief Planning Officer and the application no 18/10524/AMC following additional informatives: • That developers, in consultation with the landowners in the allotment society to discuss the possibility of reducing the height of the wall adjoining the block affected. • That the applicant be reminded to ensure that any photovoltaics that were installed were connected prior to the occupation of dwellings hereby approved.

Development Management Sub-Committee of thePage Planning 13 Committee – 11 September 2019

Agenda Item No. / Details of Proposal/Reference No Decision Address

Item 7.1 - 116 Demolition of existing garage and To GRANT Planning Permission Colinton Road, re-development for 19 residential subject to the conditions, Edinburgh, EH14 and 2 retail units, access, parking, reasons, informatives and a legal 1BY associated infrastructure and agreement set out in section 3 of landscaping (as amended) - the report by the Chief Planning application no 19/01107/FUL Officer with an additional condition that notwithstanding what was shown on the proof plans, the details showing 54 cycle parking are provided and those details are agreed and provided prior to occupation of any of the residential units.

Item 7.2 - 33 Pinkhill, Demolition of existing office building To GRANT Planning Permission Edinburgh, EH12 and development of 46 apartments subject to the conditions, 7BF (as amended) - application no reasons, informatives and a legal 19/02449/FUL agreement set out in section 3 of the report by the Chief Planning Officer and an additional condition that improvements are made to bin store. (on a division)

Development Management Sub-Committee of thePage Planning 14 Committee – 11 September 2019 Agenda Item 4.1 Development Management Sub Committee

Wednesday 25 September 2019 Report for forthcoming application by Glenpop 4 LLP. for Proposal of Application Notice

19/03433/PAN At 14 Ashley Place, Edinburgh, EH6 5PX Residential development comprising up to 63 apartments, associated infrastructure and landscaping.

Item number

Report number

Wards B12 - Leith Walk

Summary

The purpose of this report is to inform the Development Management Sub-Committee of a forthcoming application for planning permission for residential development comprising up to 63 apartments, associated infrastructure and landscaping at 14 Ashley Place, Edinburgh.

In accordance with the Town and Country Planning Act 1997, as amended, the applicant submitted a Proposal of Application Notice (19/03433/PAN) on 15 July 2019. Links

Coalition pledges Council outcomes

Single Outcome Agreement

Development Management Sub-Committee – 25 SeptemberPage 2019 15Page 1 of 5 19/03433/PAN

Recommendations

1.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Background

2.1 Site description

The site is approximately 0.27 hectares in area, and is located within the Bonnington industrial area in the Newhaven area of Edinburgh. Ashley Place is a cul-de-sac which leads off Newhaven Road. The site currently contains a two storey brick commercial building occupied by a building services company and its associated yard which is enclosed by 3m high fencing. There is an area of car park on the eastern part of the site which contains a row of coniferous trees.

The south-west boundary of the site is formed by Ashley Place with a terrace of traditional tenemental flats. To the west, adjoining land comprises a two storey brick industrial warehouse building and vehicle parking area. The north boundary consists of a 2-3m high brick boundary wall and the neighbouring industrial units. The east boundary consists of an area of hardstanding, and neighbouring residential development comprising a large six storey high flatted block accessed from Tinto Place. The south east also contains a large six storey flatted block.

2.2 Site History

25 May 2017 - permission granted for the removal of an existing office building and associated storage yard and the erection of 40 flats (application number 14/05208/FUL).

Main report

3.1 Description of the Proposal

An application for full planning permission will be submitted for residential development comprising up to 63 flats, associated infrastructure and landscaping at 14 Ashley Place. No further details have been submitted of the types of housing, access or design.

3.2 Key Issues

The key considerations against which the eventual application will be assessed include whether:

Development Management Sub-Committee – 25 SeptemberPage 2019 16 Page 2 of 5 19/03433/PAN

a) the principle of the development is acceptable in this location;

The site is within the urban area where residential development is acceptable in principle. The specific site proposals will be assessed against the relevant policies of the LDP. This includes policy Hou 1 Housing Development, which sets out criteria for considering the suitability of sites for housing. Given the nature of the existing employment uses on parts of the site, LDP policy Emp 9 Employment Sites and Premises, will need to be considered in relation to the redevelopment of employment sites or premises in the urban area for uses other than business, industry or storage. b) the Design, Scale and Layout are acceptable within the character of the area and whether the proposal complies with the Edinburgh Design Guidance;

The application will be for full planning permission. A design and access statement will be required to accompany the application. The layout and design of the proposal will be assessed against the requirements of the Edinburgh Design Guidance and the Bonnington Development Brief (2008) which sought to ensure that the introduction of residential uses in this location would not compromise the operation of existing businesses. c) the proposal is acceptable in terms of residential amenity;

The application will need to ensure that there is no significant impact on residential amenity of neighbours. The proposals will be assessed to ensure that there is adequate level of amenity for the future occupiers of the development. d) access arrangements are acceptable in terms of road safety and public transport accessibility;

The application should have regard to the transport policy of the LDP and Designing Streets. Consideration should be given to prioritising pedestrian and cycle movement.

Transport Information will be required to support this application. e) there are any other environmental factors that require consideration;

The applicant will be required to submit sufficient information to demonstrate that the site can be developed without having an unacceptable impact on the environment. In order to support the application, the following documents are likely to be expected (this list is not exhaustive):

 Pre-application Consultation Report;  Planning Statement;  Design and Access Statement:  Landscape and Visual Impact Assessment;  Transport Information;  Archaeology Assessment;  Flood Risk Assessment and Surface Water Management Plan;  Contaminated land survey;

Development Management Sub-Committee – 25 SeptemberPage 2019 17Page 3 of 5 19/03433/PAN

 Noise Impact Assessment:  Air Quality Impact Assessment; and  Sustainability Statement.

3.3 Assessment

This report highlights the main issues that are likely to arise in relation to the various key considerations. This list is not exhaustive and further matters may arise when the new application is received, and consultees and the public have the opportunity to comment.

Financial impact

4.1 The forthcoming application may be subject to a legal agreement. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

7.1 A sustainability statement will need to be submitted with the application. Consultation and engagement

8.1 Pre-Application Process

There is no pre-application process history.

8.2 Publicity summary of representations and Community Council comments

The Proposal of Application Notice (reference: 19/03433/PAN) outlined a public consultation event to be held at:

McDonald Road Library, 2 McDonald Road, Leith on Wednesday 18th September 2019 from 3.30pm until 7.30pm.

The applicant has also undertaken the following measures:  Correspondence with local Councillors;  Correspondence with Leith Central Community Council; and  Distribution of leaflets to neighbouring properties and display posters on local noticeboards. The results of the community consultation will be submitted with the application as part of the Pre-application Consultation Report.

Development Management Sub-Committee – 25 SeptemberPage 2019 18 Page 4 of 5 19/03433/PAN

Background reading/external references

 To view details of the proposal of Application Notice go to  Planning and Building Standards online services

 Planning guidelines

 Conservation Area Character Appraisals  Edinburgh Local Development Plan

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Catriona Reece-Heal, Senior Planning Officer E-mail:[email protected] Tel: 0131 529 612

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 19Page 5 of 5 19/03433/PAN This page is intentionally left blank Agenda Item 4.2 Development Management Sub Committee

Wednesday 25 September 2019 Report for forthcoming application by Izar V Lux S.a.r.l for Proposal of Application Notice

19/03803/PAN At 34 Fettes Row, 7,9,11,13 Eyre Terrace, Edinburgh Demolition of existing buildings and erection of mixed-use development comprising residential, hotel, office, student accommodation, senior living retirement housing and other commercial uses including food and drink and healthcare uses, with associated landscaping/public realm, car parking and access arrangements.

Item number

Report number

Wards B05 - Inverleith

Summary

The purpose of this report is to inform the Development Management Sub-Committee of a forthcoming full planning application for demolition of existing buildings and erection of a mixed use development comprising residential, hotel, office, student accommodation, senior living retirement housing, and other commercial uses including food and drink, and healthcare uses, with associated landscaping/pubic realm, car parking and access arrangements at 34 Fettes Row, and 7,9,11,13 Eyre Terrace.

In accordance with the provisions of the Town and Country Planning (Scotland) Act 1997, as amended, the applicants submitted a Proposal of Application Notice 19/03803/PAN on 12th August 2019.

Development Management Sub-Committee – 25 SeptemberPage 2019 21Page 1 of 8 19/03803/PAN Links

Coalition pledges Council outcomes

Single Outcome Agreement

Development Management Sub-Committee – 25 SeptemberPage 2019 22Page 2 of 8 19/03803/PAN

Recommendations

1.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Background

2.1 Site description The site lies to the east of Dundas Street, a main approach road to the city centre. Part of the northern site boundary lies on Eyre Place. The site is bound by Fettes Row and Royal Crescent to the south. King George V Park lies to the east. The site has an area of approximately 3.4 hectares.

The site comprises of a variety of building types and heights. The largest comprises two existing office buildings which front Dundas Street, Eyre Place and Eyre Terrace. The buildings are set at a lower ground level than Dundas Street. There is an associated car park to the east of the site, set at a lower level than Royal Crescent. There are two storage/garage buildings to the north of the car parking area and east of Eyre Terrace. There is a cleared site fronting Eyre Place/Eyre Terrace and a vacant derelict property at 7 Eyre Terrace. There is an area of open space to the north of the site.

Fettes Row and Royal Crescent to the south comprise traditional residential properties. Eyre Place and Eyre Terrace are mainly residential streets with some other uses such as retail units, cafes, bed-and-breakfast accommodation and offices. There are ground floor retail and other uses opposite the site on Dundas Street. Mixed uses are also found in the wider area, with residential use being the predominant land use.

There are no listed buildings within the site. A number of listed buildings are located outwith the site including A listed buildings on Royal Crescent, Fettes Row, Dundonald Street and Dundas Street, B listed buildings at 1-7A Eyre Place, C listed buildings at 9-11 Eyre Place, and C listed buildings at 1-29 Eyre Crescent and 21-23 Eyre Place.

The site is directly to the north of and is on the main approach to the Old and New Towns of Edinburgh World Heritage Site. The site is included in the New Town Gardens Designed Landscape/ Historic Garden.

This application site is located within the New Town Conservation Area.

Development Management Sub-Committee – 25 SeptemberPage 2019 23Page 3 of 8 19/03803/PAN

2.2 Site History

14 June 2006 - Planning permission was granted for a new link building between 119 Dundas Street and 34 Fettes Row, and minor alterations to 113 Dundas Street (application number 05/04303/FUL).

18 June 2010 - Conservation Area Consent was refused for the demolition of existing single storey factory and two storey office accommodation block, and existing single storey garage lock-ups at 13 Eyre Terrace (application number 10/00769/CON).

4 April 2012 - Planning permission was granted for demolition of 11-13 Eyre Terrace and rear single storey lock-ups (application number 11/03575/FUL).

25 April 2012 - Conservation Area Consent was granted for demolition of 11-13 Eyre Terrace and rear single storey lock-ups (application number 11/03575/CON).

1 April 2015 - Conservation Area consent was granted for demolition of 7 Eyre Terrace and existing warehouse known as the Scotsman Building (application number 14/01126/CON).

12 November 2015 - PAN approved for a residential and mixed use development at 105, 113 Dundas Street, 34 Fettes Rowe, 7, 11 and 13 Eyre Terrace (application number 15/05024/PAN).

3 August 2018 - Planning application in principle withdrawn for demolition and residential-led mixed use development comprising residential; retail (class 1); food and drink (class 3); business (class 4); hotel (class 7); care home (class 8); car parking, access and other associated works; detailed approval of the siting and maximum height of building blocks; landscaping strategy; location of principal pedestrian/cycle routes and points of pedestrian and vehicular access/egress at 34 Fettes Row and 7,11,13 Eyre Terrace (application number 16/05454/PPP).

3 August 2018 - Application for Conservation Area consent for complete demolition withdrawn (16/05455/CON).

14 August 2019 - A planning application in principle was minded to grant at 7,11,13 Eyre Terrace, subject to a conclusion of a legal agreement, for a mixed use development of retail (class 1); financial, professional and other services (class 2); food and drink (class 3); business (class 4); hotels (class 7); residential (class 8,9 and sui generis); car parking, access and other works, approval of siting and maximum height of principal building, points of vehicular access and egress (application number 14/01177/PPP).

Development Management Sub-Committee – 25 SeptemberPage 2019 24 Page 4 of 8 19/03803/PAN

Main report

3.1 Description of the Proposal

The application will be for the demolition of existing buildings and the erection of a mixed use development comprising residential, hotel, office, student accommodation, senior living retirement housing and other commercial uses including food and drink, and healthcare uses, with associated landscaping/ public realm, car parking and access arrangements.

3.2 Key Issues

The key considerations against which the eventual application will be assessed include whether: a) The principle of the development is acceptable in this location;

The site is in the Urban Area in the Local Development Plan (LDP); a section of the site to the north is within an area of Open Space.

The proposed uses will be assessed to ensure they are appropriate to the location and character of the area and accord with other relevant local plan policies.

The loss of open space will need careful assessment against policy Env 18 (Open space protection) of the LDP. A reasoned justification to allow development on the area of open space will be required. The existing site is mainly in employment use. The loss of an employment use needs to be assessed against LDP policy Emp 9 (Employment sites and premises). This policy permits the loss of an employment site when a proposal contributes to the comprehensive regeneration and improvement of the wider area and the provision of floor space designed to provide for a range of users. The proposal should be accompanied by a Planning Statement to justify the proposals in this location.

The application will need to be assessed in relation the delivery of infrastructure as required by LDP policy Del 1 (Developer contributions and infrastructure delivery). b) The design, scale and layout are acceptable with the character of the area;

The proposals will need to consider how the proposed development will integrate with its surroundings. The proposals need to demonstrate that no harm will be caused to the qualities of the World Heritage Site, the character or appearance of the New Town Conservation Area, and the New Town Gardens Designed Landscape, and the setting of nearby listed buildings. Important views to landscape and built features including statues and monuments in and around the city are also to be protected. Sustainable considerations should be included. These factors may influence siting, as well as massing, scale, elevational design and materials.

A Design and Access Statement will be required to accompany the application.

Development Management Sub-Committee – 25 SeptemberPage 2019 25Page 5 of 8 19/03803/PAN

c) Access, parking and servicing arrangements are acceptable in terms of road safety and public transport accessibility;

The proposal should have regard to transport policies of the LDP. Consideration should be given to the impact on traffic flows on local streets, and access to public or alternative means of transport. Transport Information will be required to support the application. d) There are any other environmental factors that require consideration;

The application will be accompanied by a full Environmental Impact Assessment. Issues to be considered will include potential noise issues associated with the development, air quality issues, flooding and drainage considerations, archaeological interests, effects on wildlife and biodiversity, the effect of the development on existing trees, and pedestrian and cycle access connections though the site and to neighbouring areas.

The applicants will be required to submit sufficient information to demonstrate that the site can be developed without having a unacceptable impact on the environment. In order to support the application the following documents are likely to be expected (this list is not exhaustive):

− Pre-application Consultation Report; − Planning Statement; − Contaminated land report; − Design and Access Statement; − Landscape and Visual Impact Assessment; − Ecological survey and report; − Tree survey and constraints plan − Transport information; − Archaeology Assessment; − Flood Risk Assessment and Surface Water Management Plan; − Air Quality Impact Assessment; and − Sustainability Statement.

3.3 Assessment

4.1 The forthcoming application may be subject to a legal agreement. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low.

Development Management Sub-Committee – 25 SeptemberPage 2019 26 Page 6 of 8 19/03803/PAN

Equalities impact

6.1 This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

7.1 A sustainability statement will need to be submitted with the application. Consultation and engagement

8.1 Pre-Application Process

Pre-application discussions took place on this application.

8.2 Publicity summary of representations and Community Council comments

The Proposal of Application Notice (reference: 19/03803/PAN) outlines two public events to be held on 11th September 2019 and 17th October 2019. The applicant has notified Inverleith ward councillors, city centre ward councillors, and Councillor Adam McVey, Leader of the Council and Councillor Kate Campbell, Convenor of Housing, Homelessness and Fair Work Committee. In addition, the following have been notified: Ruth Davidson MSP, Deirdre Brock MSP, The New Town and Broughton Community Council, Friends of King George V Park, Fettes Row and Royal Crescent Residents Association, The Yard, Edinburgh World Heritage, The Cockburn Association, Eyre Medical Practice, and local residents and businesses.

The results of the community consultation will be submitted with the application as part of the Pre application Consultation Report.

Background reading/external references

− To view details of the proposal of Application Notice go to − Planning and Building Standards online services

− Planning guidelines

− Conservation Area Character Appraisals − Edinburgh Local Development Plan

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Karen Robertson, Senior Planning Officer E-mail:[email protected] Tel: 0131 529 3990

Development Management Sub-Committee – 25 SeptemberPage 2019 27Page 7 of 8 19/03803/PAN

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 28 Page 8 of 8 19/03803/PAN Agenda Item 4.3 Development Management Sub Committee

Wednesday 25 September 2019 Report for forthcoming application by Iona Street, Edinburgh Ltd And Walker Timber Ltd. for

Proposal of Application Notice 19/03802/PAN At 48 - 50 Iona Street, Edinburgh, EH6 8SW Demolition of the existing warehouse and office building. Construction of general market flatted dwellings, affordable flatted dwellings and student accommodation.

Item number

Report number

Wards B12 - Leith Walk

Summary

The purpose of this report is to inform the Development Management Sub-Committee of a forthcoming planning application in respect of the proposed demolition of the existing warehouse and office building at 48-50 Iona Street and construction of general market flatted dwellings, affordable flatted dwellings and student accommodation.

In accordance with the provisions of the Town and Country Planning (Scotland) 1997, as amended, the applicant submitted a Proposal of Application Notice on 9 August 2019. (Reference: 19/03802/PAN). Links

Coalition pledges Council outcomes

Single Outcome Agreement

Development Management Sub-Committee – 25 SeptemberPage 2019 29Page 1 of 6 19/03802/PAN

Recommendations

1.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Background

2.1 Site description

The site covers 0.53 hectares and is currently used as a timber yard, office and showroom.

The site occupies the central part of a perimeter block. Along the Iona Street elevation there is an existing office/ showroom building and a three metre high masonry wall of one of the warehouse style buildings. Vehicular access is also taken from Iona Street. The site slopes from north to south and is bounded on three sides by tenements fronting onto Albert Street, Buchanan Street and South Sloan Street.

The Leith Walk Conservation Area is located immediately to the east of the site, on the opposite side of Iona Street. The view west along Iona Street is terminated by the category A-listed Pilrig Church at the junction of Pilrig Street and Leith Walk.

2.2 Site History

27 October 1992 - Planning permission granted for alterations and extension to office building fronting onto 48-50 Iona Street (application number 92/01381/FUL). Main report

3.1 Description Of The Proposal

The purpose of this report is to inform the Development Management Sub- Committee of a forthcoming planning application in respect of the proposed demolition of the existing warehouse and office building at 48-50 Iona Street and construction of general market flatted dwellings, affordable flatted dwellings and student accommodation.

In accordance with the provisions of the Town and Country Planning (Scotland) 1997, as amended, the applicant submitted a Proposal of Application Notice on 9 August 2019 (application number: 19/03802/PAN).

3.2 Key Issues

The key considerations against which the eventual application will be assessed include whether: a) the principle of the development is acceptable in this location;

The site is located within the Urban Area and the proposals should comply with the relevant Local Development Plan (LDP) policies.

Development Management Sub-Committee – 25 SeptemberPage 2019 30 Page 2 of 6 19/03802/PAN

LDP Policy Hou 1 (Housing Development) supports housing development at suitable sites within the Urban Area, subject to other development plan policies. The proposals for residential flats would be expected to address the principles of LDP Policy Hou 2 (Housing Mix), which requires an appropriate mix of residential units to meet the needs of the range of household types in the area, with regard to other considerations.

The residential proposals would also be expected to demonstrate compliance with the terms of LDP Policy Hou 6 (Affordable Housing).

The proposal should have regard to the provisions of LDP Policy Hou 8 (Student Accommodation). The non-statutory Student Housing Guidance provides further locational criteria. The proposals would be expected to address these policy considerations. b) the design, scale and layout are acceptable within the character of the area and whether the proposal complies with the Edinburgh Design Guidance;

The proposals will be considered against the provisions of the LDP design policies and the Edinburgh Design Guidance.

In particular, the proposed design of the development will need to take into account the impacts of the proposals on the character and appearance of the adjoining conservation area, in accordance with the requirements of LDP Policy Env 6 (Conservation Areas - Development).

The development proposals will be further expected to address the impacts of the massing, scale, materials and design on the existing street scene and wider townscape, including existing views, as required under the terms of LDP Policy Des 4 (Development Design- Impact on Setting).

Sufficient information will also be required to demonstrate the impacts of the development on the amenity of neighbouring and future occupiers of the development, to address the terms of LDP Policy Des 5 (Development Design- Amenity). This will include the requirement for green space provision, in accordance with the requirements of LDP Policy Hou 3 (Private Green Space in Housing Development).

A Design and Access Statement will be provided with the application. c) access arrangements are acceptable in terms of road safety and public transport accessibility;

The proposal should have regard to the transport policy of the LDP and the Edinburgh Street Design Guidance.

In particular, the proposed development would be expected to include provision for active travel infrastructure, including connections to the existing infrastructure, in accordance with the requirements of LDP Policy Des 7 (Layout Design).

Development Management Sub-Committee – 25 SeptemberPage 2019 31Page 3 of 6 19/03802/PAN

Consideration should be given to the impact on traffic flows on local roads and access to public transport. Transport information will be required to support the application. d) there are any other environmental factors that require consideration;

An air quality impact assessment may be required depending on the number of proposed parking spaces, as the site is located is near to the Central and Great Junction Street Air Quality Management Areas.

Ground condition investigations will also be required, owing to the nature of existing uses at the site.

The application will need to be screened for an Environmental Impact Assessment (EIA) including the cumulative impact of the proposals. The applicants will be required to submit sufficient information to demonstrate that the site can be developed without having a detrimental impact on the environment.

It is anticipated that the following documents will be submitted;

− Pre-application consultation report; − Design and Access Statement; − Desk based Archaeological Assessment; − Planning Policy Statement; − Transport information; − Daylighting and Sunlight Analysis; − Air Quality Assessment; − Flood Risk Assessment and Surface Water Management Plan; − Townscape and Visual Impact Assessment; − Phase 1 Habitat Survey; and − Sustainability Statement.

3.3 Assessment

Financial impact

4.1 The forthcoming application may be subject to a legal agreement. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low.

Development Management Sub-Committee – 25 SeptemberPage 2019 32 Page 4 of 6 19/03802/PAN

Equalities impact

6.1 This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

7.1 A sustainability statement will need to be submitted with the application. Consultation and engagement

8.1 Pre-Application Process

Pre-application discussions took place on this application.

8.2 Publicity summary of representations and Community Council comments

A Proposal of Application Notice (PAN) for these proposals was validated on 9 August 2019 (Planning reference 19/03802/PAN).

The PAN was sent to Local Ward Councillors, and MSPs Deirdre Brock and Ben MacPherson.

Manned public exhibitions have taken place at Out of the Blue Drill Hall at 36 Dalmeny Street on Monday 2 September and Tuesday 3 September 2019. A newspaper advertisement was published in the Edinburgh Evening New 26 August 2019.

The applicant has further agreed to attend Leith Central Community Council public meeting at a date and time to be agreed in advance.

The applicant has confirmed that leaflets advertising the forthcoming public meeting will be distributed to local residents and businesses. A notice is currently on display in the Macdonald Road Library.

The results of the community consultation will be submitted with the application as part of the Pre-application Consultation Report. Background reading/external references

• To view details of the proposal of Application Notice go to • Planning and Building Standards online services

• Planning guidelines

• Conservation Area Character Appraisals • Edinburgh Local Development Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 33Page 5 of 6 19/03802/PAN

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Carla Parkes, Senior Planning Officer E-mail:[email protected] Tel:0131 529 3925

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 34 Page 6 of 6 19/03802/PAN Agenda Item 4.4 Development Management Sub Committee

Wednesday 25 September 2019 Report for forthcoming application by BDW Trading Limited. for Proposal of Application Notice

19/03870/PAN At 57 Tower Street And 1 Bath Road, Edinburgh, EH6 7BB Proposed mixed use development with associated landscape, drainage, roads and infrastructure.

Item number

Report number

Wards B13 - Leith

Summary

The purpose of this report is to inform the Development Management Sub-Committee of a forthcoming detailed application for a mixed use development with associated landscaping, drainage, roads and infrastructure at 57 Tower Street and 1 Bath Road in Leith. In accordance with the provisions of the Town and Country Planning (Scotland) Act 1997, as amended, the applicant has submitted a Proposal of Application Notice on 16th August 2019 (19/03870/PAN). Links

Coalition pledges Council outcomes

Single Outcome Agreement

Development Management Sub-Committee – 25 SeptemberPage 2019 35Page 1 of 6 19/03870/PAN

Recommendations

1.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Background

2.1 Site description

The site is 0.75 hectares, and is located on the north side of Salamander Street and west side of Bath Road. Tower Street links into the northern part of the site from the west. There are a number of buildings within the site, none of which are listed. Beyond Salamander Street to the south the land is predominantly residential with some commercial units at ground floor level. To the east there is a five storey primarily residential tenement with industrial/warehousing adjacent. To the north of the site is Forth Ports land. To the west of the site are industrial/commercial buildings, a number of which are listed. A high stone wall forms the southern boundary of the site and part of the eastern boundary of the site.

A strip of land at the western edge of the site is located within the Leith Conservation Area. Part of the boundary of the Leith Conservation Area also lies opposite the site on Salamander Place. This application site is located within the Leith Conservation Area.

2.2 Site History

29 December 2016 - Listed building consent granted for the partial demolition of structurally unsafe boundary wall and subsequent reinstatement (application reference 16/05506/LBC).

5 August 2019 - Planning permission was granted on part of the site for a residential development with commercial units and associated landscape, drainage, roads and infrastructure (application reference 18/08206/FUL). Main report

3.1 Description of the Proposal

An application for detailed planning permission will be submitted for a mixed use development with associated landscaping, drainage, roads and infrastructure. No details have been submitted of the mix of uses, access or design.

Development Management Sub-Committee – 25 SeptemberPage 2019 36 Page 2 of 6 19/03870/PAN

3.2 Key Issues

The key considerations against which the eventual application will be assessed include whether: a) The principle of the development is acceptable in this location;

The site is located within the Central Leith Waterfront area (EW 1b) in the Local Development Plan (LDP). The development principles guide future development in this area which is described as commercial and housing led mixed use development with sites in various ownerships. The Leith Docks Development Framework covers this site. b) The design, scale and layout are acceptable with the character of the area;

The proposal will be considered against the provisions of the LDP and the Edinburgh Design Guidance. A Design and Access Statement will be provided with the application. c) Access arrangements are acceptable in terms of road safety and public transport accessibility;

The proposals should have regard to the Council's parking standards, LDP transport policies, and the requirements of the Edinburgh Street Design Guidance. Transport Information will be required to support the application to assess the effect of the proposal on local roads and the accessibility of the site. d) There are any other environmental factors that require consideration;

The proposals will be required to demonstrate that the site is capable of accommodating the development and that there is sufficient infrastructure capacity. The proposal will be assessed in line with LDP policy Del 1 (Infrastructure delivery and developer contributions).

Part of the site is a former glassworks dating back to min 18th century. Preservation of the site's industrial heritage is a key archaeological concern and an archaeological assessment will be required.

The western edge of the site is bounded by listed buildings. The impact on the setting of these buildings will be considered. The effect of the development on the character or appearance of the Leith Conservation Area and its setting will need to be assessed.

The site is located within the Salamander Street Air Quality Management Area and an air quality impact assessment will be required.

There are a number of potential noise sources within the vicinity of the site (eg scrapmetal yard, port related activity, public house). An Acoustic survey will be required to address these noise sources.

Development Management Sub-Committee – 25 SeptemberPage 2019 37Page 3 of 6 19/03870/PAN

In order to support the application, the applicant will be likely required to submit the following documents (this list is not exhaustive):

− Planning Statement; − Design and Access Statement; − Pre-application consultation report; − Site investigation report; − Transport information; − Flood risk assessment and surface water management plan; − Drainage Impact Assessment; − Archaeological assessment; − Air quality Impact Assessment; − Noise Assessment; − Swept path analysis; − Floodlighting study; − ecological survey; and − Sustainability statement.

3.3 Assessment

Financial impact

4.1 The forthcoming application may be subject to a legal agreement. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

7.1 A sustainability statement will need to be submitted with the application. Consultation and engagement

8.1 Pre-Application Process

There is no pre-application process history.

Development Management Sub-Committee – 25 SeptemberPage 2019 38 Page 4 of 6 19/03870/PAN

8.2 Publicity summary of representations and Community Council comments

The Proposal of Application Notice (19/03870/PAN) outlines a public event to take place on 16 October 2019. In addition, notice has been served on Leith Harbour and Newhaven Community Council, Leith Links Community Council, Councillor Chas Booth, Councillor Adam McVey, Councillor Gordon Munro and Leith Neighbourhood Partnership.

The results of the community consultation will be submitted with the application as part of the Pre-application Consultation Report. Background reading/external references

− To view details of the proposal of Application Notice go to − Planning and Building Standards online services

− Planning guidelines

− Conservation Area Character Appraisals − Edinburgh Local Development Plan

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Karen Robertson, Senior Planning Officer E-mail:[email protected] Tel: 0131 529 3990

Development Management Sub-Committee – 25 SeptemberPage 2019 39Page 5 of 6 19/03870/PAN

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 40 Page 6 of 6 19/03870/PAN Agenda Item 4.5 Development Management Sub Committee

Wednesday 25 September 2019

Application for Planning Permission 19/01839/FUL At 120 - 122 Colinton Road, Edinburgh, EH14 1BY Erection of a new retail unit and 6 residential units (as amended, reduced to 5 residential flats).

Item number Report number

Wards B09 - Fountainbridge/Craiglockhart

Summary

The proposal is acceptable in principle and the scale, form and design are appropriate within this location. The proposal will not have a detrimental impact on road safety or an unacceptable impact on the amenity of future occupiers or neighbours. The proposal accords with the development plan and is acceptable. There are no material considerations which outweigh this conclusion.

Links

Policies and guidance for LDPP, LDES01, LDES03, LDES04, LDES05,

this application LHOU01, LTRA02, LTRA03, LRET05, LEN22, NSG, NSGD02,

Development Management Sub-Committee – 25 SeptemberPage 2019 41 Page 1 of 14 19/01839/FUL

Report

Application for Planning Permission 19/01839/FUL At 120 - 122 Colinton Road, Edinburgh, EH14 1BY Erection of a new retail unit and 6 residential units (as amended, reduced to 5 residential flats).

Recommendations

1.1 It is recommended that this application be Granted subject to the details below. Background

2.1 Site description

The site lies within the Craiglockhart Local Centre located to the west side of Colinton Road between Colinton Grove and Craiglockhart Road North. The application site comprises three single storey buildings which were previously in use as a public house, convenience store and shop unit and have been demolished. Adjacent to the site is a vacant unit previously used for the display of motor vehicles.

2.2 Site History

12 February 2019 - Planning permission granted for the demolition of two existing shop units and the erection of a new retail unit and 3 residential units (application reference 18/09815/FUL).

14 June 2018 - Application was withdrawn for the demolition of two existing shop units and the erection of a new retail unit and six residential units (application reference 17/036519/FUL).

Adjacent Site

3 August 2012 - Planning permission refused for the demolition of the existing garage and re-development for 37 units, access, parking, associated infrastructure and landscaping (as amended) (application reference 16/04062/FUL).

3 January 2018 - An appeal was dismissed by the DPEA as the site does not provide on-site affordable housing, that the scale and proportions of the buildings would not have a positive impact on the surroundings and the design fails to draw on the characteristics of the area by contributing to a sense of place (application reference PPA-230-2212).

11 September 2019 - The Council is minded to grant planning permission for the demolition of an existing garage and redevelopment for 19 residential and two retail units, access, parking, associated infrastructure and landscaping (application reference 19/01107/FUL).

Development Management Sub-Committee – 25 SeptemberPage 2019 42 Page 2 of 14 19/01839/FUL

Main report

3.1 Description Of The Proposal

The application is for the erection of a three storey and basement flatted block. Retail is proposed at basement and ground floor levels and five flats are proposed on the floors above. The five flats comprise four two bed flats and one studio flat. The retail unit is 224 square metres at ground floor level with 189 square metres at basement level.

The proposed block fronts on to Colinton Road. The pitched roof has two double dormers to the front and four single velux windows to the rear. There are no windows on the gables. External steps provide access to the first floor and rear access to the flats. Materials include a stone façade, slate tile roofing and light grey cladding panels.

No parking or open space is to be provided on the site. Twelve cycle parking spaces are proposed at basement level.

Scheme One

The original scheme comprised six flats and one retail unit. The number of units has been reduced, changes have been made to the shopfront glazing, sizes of residential units and there is a reduction in the number of dormers.

Supporting Statements.

The following documents have been submitted in support of the application and are available to view on the Planning and Building Standards Online Services.

− Noise Impact Assessment; − Design and Access Statement; and − Sustainability Statement.

3.2 Determining Issues

Section 25 of the Town and Country Planning (Scotland) Act 1997 states - Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

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?

Development Management Sub-Committee – 25 SeptemberPage 2019 43 Page 3 of 14 19/01839/FUL

3.3 Assessment

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

a) The principle of the proposed development is acceptable;

b) The proposed scale, form and design are acceptable;

c) The proposal raises any issues in terms of amenity for neighbours and future occupiers;

d) The proposal raises any issues in terms of road safety;

e) Any impacts on equalities or human rights are acceptable; and

f) Comments have been addressed. a) Principle

The local centre has a wide range of shopping and other uses ranging from pharmacy, dental surgery, post office, Chinese takeaway, hairdresser and tailor.

Local Development Plan (LDP) Policy Ret 5 (Local Centres) sets out the criteria for retail development being permitted in or on the edge of a town centre. The role of local centres is to provide a basic level of shopping services within walking distances of all homes. The new unit will provide 224 square metres of retail floor space on the ground floor with basement storage below. The proposal is considered compatible in terms of scale and type. The proposal improves the overall appearance of the town centre.

LDP Hou 1 (Housing Development) supports housing development on suitable sites within the urban area. The scale, form and design of the block is considered further in section 3.3 b). The provision of housing is compatible with the ground floor retail use.

The proposed uses are acceptable in principle and comply with LDP Policies Ret 5 and Hou 1. b) Scale, form and design

LDP Policy Des 4 (Development Design - Impact on Setting) sets out the design and layout criteria against which the application is assessed.

The first scheme submitted comprised six residential units. The revised scheme was reduced to five units. This number of units is acceptable.

The proposed building is of a contemporary design, with the predominant materials being stone and glazing to the front and brick and render to the side and rear. This palette of materials is considered appropriate within the context of the site, where there is a mixture of building styles and materials, and will add visual interest.

The height and proportions of the building accord with the height of existing buildings to the south west of the site. The building sits comfortably within its context.

Development Management Sub-Committee – 25 SeptemberPage 2019 44 Page 4 of 14 19/01839/FUL

The applicant has provided drawings and visualisations to demonstrate how this proposal fits with the redevelopment of the adjacent garage site.

The scale and design of the proposal is acceptable and complies with LDP Policy Des 4. c) Amenity of Neighbours and Future Occupiers

LDP Policy Des 5 (Development Design - Amenity) ensures that the amenity of neighbouring developments is not adversely affected and that future occupiers have an acceptable level of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.

LDP Policy Env 22 (Pollution and Air, Water and Soil Quality) ensures that development will have no significant adverse effects for health, the environment and amenity.

There is a walkway which provides access from the ground floor, along the side of the property, to the rear of the first floor flats. Users of the walkway will not be able to look directly into residential properties. The walkway is acceptable.

There are no windows on the gables of the property. The windows to the rear of the proposed block overlook proposed open space included within the layout of the proposed adjacent site. This does not have a detrimental affect on neighbouring amenity. Nor will there be a loss of daylight and sunlight into neighbouring properties. The proposal complies with Policy Des 5 in respect of neighbouring developments.

Four out of the five units are dual aspect which complies with the Edinburgh Design Guidance. All of the units meet the minimum standards as set out in the Edinburgh Design Guidance.

Environmental Protection has raised concerns that the amenity of the future occupiers will be impacted from three different sources. The first source is noise impact from the traffic on Colinton Road. This can be adequately addressed through the use of double glazed windows with trickle ventilation secured by a suitable condition. Environmental Protection is concerned that noise from the proposed retail unit below and odour from the adjacent Chinese takeaway restaurant have not been adequately addressed and considers that the application should be refused.

There are numerous examples of residential units located above shops across the city. This form of development is appropriate within a local centre providing an active frontage at street level with residential accommodation below. The proposed development on the adjacent site approved on 11 September 2019 also includes ground floor retail units with flats above. There is no evidence to suggest that the inclusion of a retail unit will have an unacceptable noise impact on the flats above.

In terms of noise, subject to the inclusion of a suitable condition, the proposals accords with LDP policy Des 5.

Development Management Sub-Committee – 25 SeptemberPage 2019 45 Page 5 of 14 19/01839/FUL

Environmental Protection is concerned that some windows in the proposed flats will be higher than the termination point of the kitchen flue in the adjacent Chinese takeway and complaints will be received. The flue from the restaurant is in the centre of the roof of that property and projects above the roof ridge. There are no windows on the gable of the proposed block which face the flue. The applicant has confirmed that the nearest windows will be approximately 13.3 metres from the flue and on elevations which do not face the flue. It is considered therefore that the odour impact will be minimal and there will be no significant adverse impact on the amenity of future occupiers. The proposal therefore accords with LDP Policy Env 22.

No private garden ground will be provided. The wider area provides good access to open space and will provide adequate amenity.

In summary, the proposal will provide future occupiers with an acceptable amenity and will not have an adverse impact on the amenity of neighbours. d) Transport

LDP Policies Tra 2 (Private Car Parking) and Tra 3 (Private Cycle Parking) set out the standards for car and cycle parking for new developments.

The applicant proposes no parking provision. This is acceptable as the application site is on a main road which is served by public transport. The site is also very close to the Union Canal which has a cycle/tow path. The Roads Authority has raised no objections to this application provided 12 cycle parking spaces are provided. These are shown on the drawings at the south west corner of the basement level.

The proposal is acceptable in terms of Policy Tra 2 and complies with Policy Tra 3. e) Equalities and Human Rights.

This application was assessed in terms of equalities and human rights. No impact was identified. f) Public Comments

Material Representations - Objection

− No parking. Addressed in 3.3 d). − Use class not provided for retail unit. The use proposed is Class 1 (Shops). − Walkway looks directly into houses. Addressed in 3.3 c). − Height and design not in keeping with surrounding properties. Addressed in 3.3 b). − Flats will look into neighbouring areas. Addressed in 3.3 c). − Loss of sunlight and daylight into neighbouring properties. Addressed in 3.3 c). − Six residential units is excessive. Addressed in 3.3 b). − Flats look cramped. Addressed in 3.3 c).

Development Management Sub-Committee – 25 SeptemberPage 2019 46 Page 6 of 14 19/01839/FUL

There is one letter of support.

Craiglockhart Community Council objected to the first scheme which was submitted. It submitted a letter of support for the revised scheme.

Conclusion

It is recommended that this application be Granted subject to the details below.

3.4 Conditions/reasons/informatives Conditions:-

1. Prior to occupation, the mitigation measures as specified in Table 3 of the Airshed Noise Impact Assessment, dated 26 June 2019, shall be installed, namely that high performance windows of specification 40dB RWi with trickle vents(42 dB Dn,e) are required on the first and second floor living rooms. Conventional double glazing of specification 30 dB RWi with trickle vents (33 dB Dn,e) is required for bedrooms on the rear elevation.

Reasons:-

1. In order to protect the amenity of the occupiers of the development.

Informatives

It should be noted that:

1. The works hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

2. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123(1) of the Town and Country Planning (Scotland) Act 1997.

3. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

Financial impact

4.1 The financial impact has been assessed as follows:

No developer contributions are required for this proposal.

Development Management Sub-Committee – 25 SeptemberPage 2019 47 Page 7 of 14 19/01839/FUL

Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 The equalities impact has been assessed as follows:

The application has been assessed and has no impact in terms of equalities or human rights. Sustainability impact

7.1 The sustainability impact has been assessed as follows:

The application meets the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

8.1 Pre-Application Process

There is no pre-application process history.

8.2 Publicity summary of representations and Community Council comments

Eleven letters of representation have been received. Ten letters objecting to the proposal and one letter in support. A full assessment of the representations can be found in the main report in the Assessment section. Background reading/external references

• To view details of the application go to • Planning and Building Standards online services

• Planning guidelines

• Conservation Area Character Appraisals

• Edinburgh Local Development Plan • Scottish Planning Policy

Development Management Sub-Committee – 25 SeptemberPage 2019 48 Page 8 of 14 19/01839/FUL

Statutory Development Plan Provision Edinburgh Local Development Plan - The site is located in an Urban Area.

Date registered 12 April 2019

Drawing numbers/Scheme 01-3C, 04B, 05 ,06, 07B, 08B, 09, 10, 11A, 12,

Scheme 2

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Lesley Porteous, Planning Officer E-mail:[email protected] Tel:0131 529 3203 Links - Policies

Relevant Policies:

Relevant policies of the Local Development Plan.

LDP Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

LDP Policy Des 3 (Development Design - Incorporating and Enhancing Existing and Potential Features) supports development where it is demonstrated that existing and potential features have been incorporated into the design.

LDP Policy Des 4 (Development Design - Impact on Setting) sets criteria for assessing the impact of development design against its setting.

LDP Policy Des 5 (Development Design - Amenity) sets criteria for assessing amenity.

LDP Policy Hou 1 (Housing Development) sets criteria for assessing the principle of housing proposals.

Development Management Sub-Committee – 25 SeptemberPage 2019 49 Page 9 of 14 19/01839/FUL

LDP Policy Tra 2 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in Council guidance, and sets criteria for assessing lower provision.

LDP Policy Tra 3 (Private Cycle Parking) requires cycle parking provision in accordance with standards set out in Council guidance.

LDP Policy Ret 5 (Local Centres) sets criteria for assessing proposals in or on the edge of local centres.

LDP Policy Env 22 (Pollution and Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

Relevant Non-Statutory Guidelines

Non-Statutory guidelines Edinburgh Design Guidance supports development of the highest design quality and that integrates well with the existing city. It sets out the Council's expectations for the design of new development, including buildings, parking, streets and landscape, in Edinburgh.

Development Management Sub-Committee – 25 SeptemberPage 2019 50 Page 10 of 14 19/01839/FUL

Appendix 1

Application for Planning Permission 19/01839/FUL At 120 - 122 Colinton Road, Edinburgh, EH14 1BY Erection of a new retail unit and 6 residential units (as amended, reduced to 5 residential flats).

Consultations

Transport Response - 17 July 2019

No objections to the application subject to the following being included as conditions or informatives as appropriate:

1. The applicant to provide 12 cycle parking spaces at the basement level and complies with Council's minimum cycle parking requirement of 12 spaces for the proposed development in Zone 2.

Note: a) Zero car parking provision complies with the Council's parking standards which could allow a maximum of 6 parking spaces for the proposed development. The site is accessible by public transport and zero parking is considered acceptable. b) There is parking restriction on the bays adjacent the proposed site. c) The applicant should be aware that any service strategy for the proposed retail unit on Colinton Road should not compromise the operation of the existing bus stop.

Waste and Cleansing Services Response - 28 June 2019

Compliance with Waste Strategy (Domestic Waste Only)

The provision of a full recycling service is mandatory in Scotland, so developers must make provision for the full range of bins (either individual containers for each property, or communal bins for multiple properties). These must be stored off street at all times, except on the day of collection (in the case of individual bins).

The waste collection teams will require safe and efficient access to these from the earliest occupation, and therefore cognisance must be taken of my comments below in relation to operational viability. In particular, it is unclear how the bin store relates to the nearest point for the refuse collection vehicle to stop to service them. This should be no more than 10m away.

Development Management Sub-Committee – 25 SeptemberPage 2019 51 Page 11 of 14 19/01839/FUL

For high density properties such as these flats, we would usually recommend communal waste containers for landfill waste, mixed recycling for paper and packaging, glass, and food. For 6 flats, this would be 1 x 1280l non recyclable, 2 x 1280l mixed recycling, 1 x 360L glass and 1 x 240L food. It should also be noted that due to changes within the service over the next three years, the bin requirements will change, and you should review these with us prior to starting work.

Developers can either source their own bins in line with our requirements, or can arrange for us to do so and recharge the cost - this will probably be most convenient for them, but they must allow 12 week's notice.

Waste Management Responsibilities

The Waste and Cleansing Services will be responsible for managing the waste from households and any Council premises only. I am assuming this would include this development.

There are no details of what arrangements are in place for the retail unit. It would be the responsibility of any third party commercial organisations using the site to source their own trade waste uplifts. Architects should however note the requirement for trade waste producers to comply with legislation, in particular the Waste (Scotland) Regulations which require the segregation of defined waste types to allow their recycling. This means there would need to be separate storage space off street for segregated waste streams arising from commercial activities, outwith those for domestic waste.

Any appointed waste collection contractors, appointed to manage commercial waste, could be expected to have similar requirements to the Council in terms of their need to be able to safely access waste for collection.

Operational Viability

Developers need to ensure that services are accessible so that our collection crews can provide the service in a safe and efficient manner, taking account of turning circles, length and width of vehicles, distance bins must be pulled, surfaces, slopes and so on. Clarification on where the vehicle would stop and where bins might be presented is required. Details of this arrangement will have to be confirmed before any agreement is made.

Initial information on the requirements for waste services is available in the Architect's Instructions, which can be provided for reference.

I would recommend further contact with me to ensure adequate provision of segregated household waste bins include all of the above and suitable access for the refuse collectors is arranged.

Environmental Protection Response - 3 September 2019

Environmental Protection cannot support this application and recommends refusal.

The proposed site is to build a residential block with ground floor retail on the site of vacant commercial premises.

Development Management Sub-Committee – 25 SeptemberPage 2019 52 Page 12 of 14 19/01839/FUL

Environmental Protection raised concerns that the amenity of the proposed new occupants would possibly be compromised due to noise, from the busy traffic on Colinton Road and from the proposed retail unit below. A Noise Impact Assessment was requested to demonstrate expected standards could be met in relation to both these noise sources. The submitted Noise Impact Assessment (Airshed, dated 26 June 2019) demonstrates that the criterion for road traffic noise would be met with suitable mitigation measures. However, it does not provide any details of assessment of noise from the proposed retail unit.

In addition, there is an existing takeaway close to the proposed residential units, and some unit windows will be higher than the termination point of the takeaway's kitchen flue. There is a risk of odours from the takeaway entering these proposed units and negatively impacting on residential amenity. The applicants have provided no details on how they would propose to mitigate this.

Therefore, we cannot support this application and recommend refusal.

However, should the Committee be minded to grant, we would recommend the following condition be attached:-

1. Prior to occupation, the mitigation measures as specified in Table 3 of the Airshed Noise Impact Assessment, dated 26 June 2019, shall be installed.

Development Management Sub-Committee – 25 SeptemberPage 2019 53 Page 13 of 14 19/01839/FUL

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 54 Page 14 of 14 19/01839/FUL Agenda Item 4.6

Development Management Sub Committee

Wednesday 25 September 2019

Application for Planning Permission 19/01171/FUL At Site 71 Metres Northwest Of 40, Dumbryden Drive, Edinburgh Residential development (49 dwellings) with associated car parking, access, open space, drainage infrastructure and other associated development.

Item number Report number

Wards B02 - Pentland Hills

Summary

The proposal is acceptable in principle and complies with the development plan. The layout, scale, form and design are compatible with the surrounding area. The proposal will achieve a satisfactory residential environment for future occupiers and will not have an adverse impact on the amenity of neighbouring properties. Minor infringements of guidance in terms of daylighting, overshadowing and cycle parking provision would not justify refusal of planning permission. There are no material considerations which outweigh this conclusion.

Links

Policies and guidance for LDPP, LDES01, LDES02, LDES03, LDES04,

this application LDES05, LDES06, LDES07, LDES08, LDEL01, LHOU01, LHOU02, LHOU03, LHOU04, LHOU06, LTRA02, LTRA03, LTRA04, LEN09, LEN12, LEN21, NSG, NSGD02,

Development Management Sub-Committee – 25 SeptemberPage 2019 55 Page 1 of 20 19/01171/FUL

Report

Recommendations

1.1 It is recommended that this application be Granted subject to the details below. Background

2.1 Site description

The application site constitutes an area of brownfield land previously occupied by the former Dumbryden Primary School. It is relatively flat with an irregular shape and extends to approximately 0.87 hectares.

The area to the north and west is residential, mainly comprising four storey flats with parking and open space. To the east is the remainder of the former school site where permission for residential redevelopment has previously been granted and to the south are community allotments. At the north-east corner of the site is the former janitor's house that remains in residential use and is privately owned.

A pedestrian footpath is located along the site's northern and western boundary. This path also provides a bridge connection across Hailesland Road which runs below the site beyond its western edge. Vehicular access will be from Dumbryden Drive and will connect through the previously approved development to the east.

There is a grouping of semi-mature and mixed deciduous trees along the northern and western boundaries.

2.2 Site History

16 March 2015 - Planning permission granted for a proposed new build two storey care home for the frail elderly (application number - 14/04672/FUL).

Adjacent Site

9 May 2017 - Residential Development (49 dwellings) with associated car parking, access, open space, drainage infrastructure and other associated development (application number - 16/06346/FUL).

Development Management Sub-Committee – 25 SeptemberPage 2019 56 Page 2 of 20 19/01171/FUL

Main report

3.1 Description Of The Proposal

The proposal is for a development of 49 dwellings in a mixed tenure affordable scheme. There will be 12 houses and 23 flats for social rent and two houses and 12 flats for mid-market rent. The accommodation will comprise 13 one-bedroom flats, 22 two-bedroom flats, 10 three-bedroom houses and four four-bedroom houses. Three of the ground floor flats will provide accessible accommodation.

The flats will be provided in a single perimeter block and the houses will form four terraces. The flatted blocks will be four storeys and the houses will be two storeys. The buildings will be laid out to address the internal street.

The walls of the proposal will be predominantly dark brown/red multi-tone facing brick with sections of white render and dark grey concrete roof tiles. The windows and doors will be alu-clad and dark grey in colour. Photovoltaics will also be installed on the roof.

Vehicular access will be from Dumbryden Drive via a road through the ongoing development on the neighbouring site to the east. Car parking spaces for the two houses in Block One and the flats will be provided on-street, with the remainder of the houses having driveways to the front. A total of 38 car parking spaces will be provided, including three spaces for disabled users. Six of the on-street spaces will be provided with electric vehicle charging points. Spaces are provided for two motorcycles.

The flats will be provided with secure external cycle and refuse stores. Cycle parking is provided at a ratio of one space per flat.

The 14 houses and eight ground floor flats will all be provided with private garden areas. Communal open space for the flats is provided to the rear of the block and will extend the area of amenity space for the previous phase. The additional open space for the upper floors will measure 742 square metres, equating to approximately 27 square metres per flat.

A landscape plan has been submitted showing new and retained trees, shrub planting and native hedges, with shared surface paving delineating public areas, roadway and parking bays. Boundary treatments include native hedges and timber fences.

Supporting Information

The following information has been submitted in support of the application:

− Planning Statement; − Design Statement; − Road Safety Audit; − Daylight and Sunlight Study; − Sustainability Statement; − Arboricultural Report; and − Flood Risk Assessment and Drainage Strategy Report.

Development Management Sub-Committee – 25 SeptemberPage 2019 57 Page 3 of 20 19/01171/FUL

These documents are available to view on the Planning and Building Standards Online Services.

3.2 Determining 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?

3.3 Assessment

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

(a) the proposal is acceptable in principle;

(b) the proposal is of an appropriate layout, scale, form and design and does not detract from the character and appearance of the area;

(d) the proposal will have an adverse impact on traffic or road safety;

(e) the proposal will have any adverse impact on any existing trees;

(f) the proposal will address issues of sustainability;

(g) the proposal will address any issues in relation to archaeology;

(h) the proposal will address any issues in relation to flood prevention;

(i) the proposal will have any impacts on infrastructure; and

(j) representations raise issues to be addressed.

(a) Principle

The application site is located within the Urban Area in the Edinburgh Local Development Plan (LDP). Policy Hou 1 (Housing Development) of the LDP permits housing development on sites within the Urban Area subject to the proposal being compatible with the other relevant policies.

Development Management Sub-Committee – 25 SeptemberPage 2019 58 Page 4 of 20 19/01171/FUL

The LDP Housing Land Study (June 2014) indicates that this site has a high probability of being developed for housing in the short term and could accommodate 133 residential units, albeit this figure relates to the entire former school site which extends to 2.06 hectares and includes the site to the east and the former janitor's house to the north. As a result, residential development on this site will contribute towards meeting the Council's windfall housing assumptions. The proposed development will improve the area by introducing housing on an urban infill site and contributes toward meeting housing need.

The proposal is acceptable in principle.

(b) Layout, Scale, Form and Design

Policies Des 1 to Des 8 of the LDP outline a requirement for proposals to be based on an overall design concept which draws on the positive characteristics of the surrounding area, with the need for high quality design which is appropriate in terms of scale, form, design and layout.

The layout responds to the site constraints, with existing developments and public spaces surrounding the site on all sides. The development is inward facing but will create positive frontages onto the new road created within the development and relates to the previously approved development to the east.

The development proposes a density of approximately 56 units per hectare. This is medium density which is commensurate with nearby residential areas and delivers an appropriate mix of house types and sizes. The proposed density is acceptable in this location, as it provides an efficient use of the site and supports the regeneration of previously developed land.

The design of the buildings is contemporary, utilising a limited palette of materials and incorporating rhythmic fenestration and simple features to give an ordered and clutter free appearance. The proposed elevational treatments will be dark brown/red multi- tone facing brick with sections of white render and dark grey concrete roof tiles. The proposal demonstrates a clear design concept where the architecture includes modest contemporary elements which are appropriate in its context.

In summary, the layout, scale, form and design are acceptable.

LDP policy Des 5 (Development Design - Amenity) states that planning permission will be granted for development where it is demonstrated that the amenity of neighbouring developments is not adversely affected and that future occupiers have acceptable levels of amenity in relation to noise, daylight, sunlight, privacy or immediate outlook.

Development Management Sub-Committee – 25 SeptemberPage 2019 59 Page 5 of 20 19/01171/FUL

Future Occupiers

The floor area of the flats range from 54 to 76 square metres and the houses from 93 to 115 square metres. All unit sizes comply with the minimum floor areas set out in the Edinburgh Design Guidance (EDG). The guidance specifies that for developments of this scale, 20% of units should be designed for families, have a floor area above 91 square metres and direct access to private gardens. All of the 14 houses proposed will have three bedrooms or more (28% of the total units) and will have access to private gardens.

A Daylight and Sunlight Study has been submitted in support of the application. The study advises that the proposal will comply with the 'no sky line' method for ensuring adequate daylight is provided to the development.

The EDG recommends that 50% of new garden spaces should be capable of receiving at least three hours of sunlight during the spring equinox. Sunpath diagrams submitted in support of the proposal show that the garden areas for Blocks Three and Four and the communal gardens area for the flats will not receive the recommended minimum amount of sunlight. In terms of Blocks Three and Four, this will affect eight of the houses. However, the proposed layout is acceptable and will introduce an appropriate urban form on a constrained site. Therefore, on balance, a departure from the guidance is justifiable.

While the communal garden area for Block Five falls short of the 50% sunlight requirement for three hours, at 742 square metres, the amenity area provided is significantly larger than the minimum required (350 square metres). A large area of the garden will achieve 3 hours of sunlight and would comply with the minimum requirement were a smaller amenity area provided in line with minimum requirements. However, a larger communal space is to be provided that will provide adequate amenity for the residents.

Neighbouring Properties

In terms of daylight, the 25 degree method indicates that there will be potential for the west facing living room windows of the proposed flats to the east of Block Five to be detrimentally impacted. To ascertain whether there will be a significant loss of daylight, a Vertical Sky Component (VSC) assessment was also conducted. This method resulted in a VSC of 25.75% to the ground floor window and 26.25% to the first floor window, which is lower than the EDG requirement of 27%. However, both of the rooms affected also have another south facing window that will provide significant additional light to the rooms and will ensure that they retain adequate amenity. The second and third floor windows both comply with the VSC.

The former janitor's house to the north of the site has also been assessed for loss of daylight. Due to the height of Block Five, the house does not comply with the 25 degree method. Therefore, the VSC was also calculated, producing a figure of 31.5% which is above the minimum requirement and is acceptable.

Development Management Sub-Committee – 25 SeptemberPage 2019 60 Page 6 of 20 19/01171/FUL

The sunpath diagrams show that there will be no significant detrimental overshadowing of neighbouring gardens, with the exception of the communal garden for the flats to the east of the development. The communal garden area as previously laid out will be affected by some additional overshadowing. However, this communal area will be significantly extended by the current proposal to provide a large shared garden space that will receive reasonable levels of sunlight, particularly on its northern section.

Overall, there will be no unreasonable loss of daylight or overshadowing affecting any new or existing properties.

(d) Traffic and Road Safety

There are no issues in terms of traffic or road safety. Thirty-three car parking spaces are proposed, which includes three accessible spaces and visitor car parking spaces. Two motorcycle spaces will also be provided. Parking provision is within the parking requirements of the Council's parking standards. The application proposes to provide 58 secure internal cycle storage spaces for the 35 flats. This is below the Council's standard of two spaces per flat, but the level of provision proposed is considered acceptable in this instance. Cycle parking for the houses can be provided within the garden areas.

A Memorandum of Understanding will be required for the progression of traffic orders as necessary, including: the redetermination of footways and carriageways, a stop up order and the enforcement of disabled car parking spaces.

Informatives are also attached regarding the provision of new residents' welcome packs, electric vehicle charging outlets and car parking.

(e) Trees

Policy Env 12 (Trees) of the LDP states that development will not be permitted if likely to have a damaging impact on a protected tree or any other tree worthy of retention. There is a cluster of trees along the site's northern and western boundary, most of which will be removed to accommodate the development. An aboricultural report submitted with the application advises that the tree cover is of low arboricultural quality, comprising of young natural regeneration. None of the trees are protected and the ecological value of the site is judged to be low. The loss of trees by clearing or thinning will be adequately compensated by the establishment of better quality planting. A condition will be imposed to ensure that a high quality landscape plan is provided for the site.

(f) Sustainability

The applicant has submitted a sustainability statement in support of the application. The proposal complies with the requirements of Part A of the Edinburgh Standards for Sustainable Buildings.

The proposal meets this requirement through the addition of photovoltaics to the roof planes of the buildings.

Development Management Sub-Committee – 25 SeptemberPage 2019 61 Page 7 of 20 19/01171/FUL

(g) Archaeology

Given the effects of the post-war development on this site, it is unlikely that any significant archaeological remains will have survived. Therefore it has been concluded that there are no known, archaeological implications regarding this application.

(h) Flood Prevention

A Flood Risk Assessment and Drainage Strategy Report have been submitted in support of the application. Flood Prevention has confirmed that the information supplied is sufficient for the application to be granted. The proposal complies with policy Env 21 (Flood Protection).

(i) Infrastructure

Affordable Housing

Policy Hou 6 (Affordable Housing) requires that developments consisting of 12 or more units should include provision of affordable housing amounting to 25%. The whole of the proposed development is for affordable housing with 71% to be social rented and 29% mid-market rent. Notwithstanding this, it is appropriate to ensure that affordable housing is provided in accordance with the Council's policy and guidance. As such a Memorandum of Understanding is recommended which would ensure at least 25% of the dwellings are affordable.

Education

This site falls within Sub-Area SW-3 of the 'South-West Education Contribution Zone'. There is no requirement for new education infrastructure to mitigate the impact of this development.

(j) Public Comments

− Underprovision of cycle storage - assessed in section - 3.3(d). − New houses should be zero carbon - assessed in section - 3.3(f).

Conclusion

The proposal is acceptable in principle and complies with the development plan and other material considerations. The layout, scale, form and design are compatible with the surrounding area. The proposal will achieve a satisfactory residential environment for future occupiers and will not have an adverse impact on the amenity of neighbouring properties. Minor infringements of guidance in terms of daylighting, overshadowing and cycle parking provision would not justify refusal of planning permission. There are no material considerations which outweigh this conclusion.

It is recommended that this application be Granted subject to the details below.

Development Management Sub-Committee – 25 SeptemberPage 2019 62 Page 8 of 20 19/01171/FUL

3.4 Conditions/reasons/informatives Conditions:-

1. A detailed specification, including trade names where appropriate, of all the proposed external materials shall be submitted to and approved in writing by the Planning Authority before work is commenced on site; Note: samples of the materials may be required.

2. i) Prior to the commencement of construction works on site:

a) A site survey (including intrusive investigation where necessary) must be carried out to establish, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

b) Where necessary, a detailed schedule of any required remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Planning Authority.

ii) Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided for the approval of the Planning Authority.

3. A fully detailed landscape plan, including details of all hard and soft surface and boundary treatments and all planting, shall be submitted to and approved in writing by the Planning Authority before work is commenced on site.

4. The approved landscaping scheme shall be fully implemented within six months of the completion of the development.

Reasons:-

1. In order to enable the planning authority to consider this/these matter/s in detail.

2. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

3. In order to ensure that a high standard of landscaping is achieved, appropriate to the location of the site.

4. In order to ensure that the approved landscaping works are properly established on site.

Informatives

It should be noted that:

Development Management Sub-Committee – 25 SeptemberPage 2019 63 Page 9 of 20 19/01171/FUL

1. MEMORANDUM OF UNDERSTANDING: A memorandum of understanding is required to ensure that a minimum of 25% affordable housing is provided and relevant contributions to Planning and Transport will be paid by the applicant and/or City of Edinburgh Council's 21st Century Homes initiative in lieu of a legal agreement between both parties. The decision notice will not be issued until the memorandum of understanding is secured.

2. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

3. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123(1) of the Town and Country Planning (Scotland) Act 1997.

4. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

5. The applicant will be required to contribute the sum of £2,000 to progress a suitable order to introduce waiting and loading restrictions as necessary;

6. All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent. The extent of adoptable roads, including footways, footpaths, accesses, cycle tracks, verges and service strips to be agreed. The applicant should note that this will include details of lighting, drainage, Sustainable Urban Drainage, materials, structures, layout, car and cycle parking numbers including location, design and specification. For the avoidance of doubt, the road layout is not approved at this stage.

7. A Quality Audit, as set out in Designing Streets, to be submitted prior to the grant of Road Construction Consent.

8. In accordance with the Council's LTS Travplan3 policy, the applicant should consider developing a Travel Plan including provision public transport travel passes, a Welcome Pack, a high quality map of the neighbourhood (showing cycling, walking and public transport routes to key local facilities) and timetables for local public transport.

9. The applicant should note that new road names may be required for the development and this should be discussed with the Council's Street Naming and Numbering Team at an early opportunity.

Development Management Sub-Committee – 25 SeptemberPage 2019 64 Page 10 of 20 19/01171/FUL

10. The applicant must be informed that any proposed on-street car parking spaces cannot be allocated to individual properties, nor can they be the subject of sale or rent. The spaces will form part of the road and as such will be available to all road users. Private enforcement is illegal and only the Council as roads authority has the legal right to control on-street spaces, whether the road has been adopted or not. The developer is expected to make this clear to prospective residents.

11. All disabled persons parking places should comply with Disabled Persons Parking Places (Scotland) Act 2009. The Act places a duty on the local authority to promote proper use of parking places for disabled persons' vehicles. The applicant should therefore advise the Head of Planning and Transport if he wishes the bays to be enforced under this legislation. A contribution of £2,000 will be required to progress the necessary traffic order. All disabled persons parking places must comply with Traffic Signs Regulations and General Directions 2016 regulations or British Standard 8300:2009 as approved by the Head of Planning and Transport.

12. Eight electric vehicle charging outlets including dedicated parking spaces with charging facilities and ducting and infrastructure to allow electric vehicles to be readily accommodated in the future is required.

13. The developer must submit a maintenance schedule for any SUDS infrastructure for the approval.

Financial impact

4.1 The financial impact has been assessed as follows:

A memorandum of understanding will be provided prior to the issues of a decision notice. This will ensure obligations are met in terms of affordable housing and transport orders, where necessary. The 21st century housing small sites programme delivery was approved by Finance and Resources Committee on 2 February 2016. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 The equalities impact has been assessed as follows:

The application has been assessed and has no impact in terms of equalities or human rights. Sustainability impact

7.1 The sustainability impact has been assessed as follows:

This application meets the sustainability requirements of the Edinburgh Design Guidance.

Development Management Sub-Committee – 25 SeptemberPage 2019 65 Page 11 of 20 19/01171/FUL

Consultation and engagement

8.1 Pre-Application Process

Pre-application discussions took place on this application.

8.2 Publicity summary of representations and Community Council comments

A total of three representations have been received. One representation in support of the application was from a local ward councillor welcoming the provision of quality accommodation in the area.

One objection was received citing the lack of cycle parking to be provided given the development's proximity to the National Cycle Network.

One representation was made offering neutral comments stating that new homes should be zero carbon. Background reading/external references

• To view details of the application go to • Planning and Building Standards online services

• Planning guidelines

• Conservation Area Character Appraisals

• Edinburgh Local Development Plan • Scottish Planning Policy

Development Management Sub-Committee – 25 SeptemberPage 2019 66 Page 12 of 20 19/01171/FUL

Statutory Development Plan Provision The site is designated as Urban Area in the Edinburgh Local Development Plan.

Date registered 7 March 2019

Drawing numbers/Scheme 01-02, 03B-05B, 06-15, 17, 18B, 19A, 20, 21B-22B, 23A-24A,, 25-26, 27A-28A, 29,

Scheme 1

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Alexander Gudgeon, Planning Officer E-mail:[email protected] Tel:0131 529 6126 Links - Policies

Relevant Policies:

Relevant policies of the Local Development Plan.

LDP Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

LDP Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effect development of adjacent land or the wider area.

LDP Policy Des 4 (Development Design - Impact on Setting) sets criteria for assessing the impact of development design against its setting.

Development Management Sub-Committee – 25 SeptemberPage 2019 67 Page 13 of 20 19/01171/FUL

LDP Policy Des 5 (Development Design - Amenity) sets criteria for assessing amenity.

LDP Policy Des 6 (Sustainable Buildings) sets criteria for assessing the sustainability of new development.

LDP Policy Des 7 (Layout design) sets criteria for assessing layout design.

LDP Policy Des 8 (Public Realm and Landscape Design) sets criteria for assessing public realm and landscape design.

LDP Policy Del 1 (Developer Contributions and Infrastructure Delivery) identifies the circumstances in which developer contributions will be required.

LDP Policy Hou 1 (Housing Development) sets criteria for assessing the principle of housing proposals.

LDP Policy Hou 2 (Housing Mix) requires provision of a mix of house types and sizes in new housing developments to meet a range of housing needs.

LDP Policy Hou 3 (Private Green Space in Housing Development) sets out the requirements for the provision of private green space in housing development.

LDP Policy Hou 4 (Housing Density) sets out the factors to be taken into account in assessing density levels in new development.

LDP Policy Hou 6 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

LDP Policy Tra 2 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in Council guidance, and sets criteria for assessing lower provision.

LDP Policy Tra 3 (Private Cycle Parking) requires cycle parking provision in accordance with standards set out in Council guidance.

LDP Policy Tra 4 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking.

LDP Policy Env 9 (Development of Sites of Archaeological Significance) sets out the circumstances in which development affecting sites of known or suspected archaeological significance will be permitted.

LDP Policy Env 12 (Trees) sets out tree protection requirements for new development.

LDP Policy Env 21 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Development Management Sub-Committee – 25 SeptemberPage 2019 68 Page 14 of 20 19/01171/FUL

Relevant Non-Statutory Guidelines

Development Management Sub-Committee – 25 SeptemberPage 2019 69 Page 15 of 20 19/01171/FUL

Appendix 1

Consultations

Affordable Housing

1. Introduction

I refer to the consultation request from the Planning Department about this planning application.

Housing and Regulatory Services have developed 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 25% (of total units) for all proposals of 12 units or more.

- This is consistent with Policy Hou 7 Affordable Housing in the Edinburgh City Local Plan.

- An equitable and fair share of parking for affordable housing, consistent with the relevant parking guidance, is provided.

2. Affordable Housing Provision

This application is for a mixed development including up to 49 homes and as such the AHP will apply.

The mixed-use development will delivered by the Council and will include up to 49 affordable homes, 35 Social Rent (71%) and 14 Mid-Market Rent (29%). This is welcomed by the department. The affordable homes are required to be tenure blind, fully compliant with latest building regulations and further informed by guidance such as Housing for Varying Needs and the relevant Housing Association Design Guides.

In terms of accessibility, the affordable homes are situated within close proximity of regular public transport links and are located next to local amenities at Calder Road.

Development Management Sub-Committee – 25 SeptemberPage 2019 70 Page 16 of 20 19/01171/FUL

3. Summary

The applicant has made a commitment to delivering affordable housing on the site and this is welcomed by the department.

- The applicant is requested to confirm the tenure type and location of the affordable homes prior to the submission of any future applications - The affordable housing includes a variety of house types and sizes to reflect the provision of homes across the wider site - In the interests of delivering mixed, sustainable communities, the affordable housing policy units will be expected to be identical in appearance to the market housing units, an approach often described as 'tenure blind' - An equitable and fair share of parking for affordable housing, consistent with the relevant parking guidance, is provided.

Archaeology

Further to your consultation request I would like to make the following comments and recommendations concerning this application for residential development (490 dwellings) with associated car parking, access, open space, drainage infrastructure and other associated development.

Until developed in the post-war period the site was agricultural land associated with the for Dumbryden Farm located to the south. The inter war period saw some houses being built on the site, however post-war saw the site significantly developed for housing.

Given the effects of the post-war development on this site it is unlikely that any significant archaeological remains will have survived. Therefore it has been concluded that there are no known, archaeological implications regarding this application.

Communities and Families

The Council has assessed the impact of the growth set out in the LDP through an Education Appraisal (August 2018), taking account of school roll projections. To do this, an assumption has been made as to the amount of new housing development which will come forward ('housing output'). This takes account of new housing sites allocated in the LDP and other land within the urban area.

In areas where additional infrastructure will be required to accommodate the cumulative number of additional pupils, education infrastructure 'actions' have been identified. The infrastructure requirements and estimated delivery dates are set out in the Council's Action Programme (January 2019).

Residential development is required to contribute towards the cost of delivering these education infrastructure actions to ensure that the cumulative impact of development can be mitigated. In order that the total delivery cost is shared proportionally and fairly between developments, Education Contribution Zones have been identified and 'per house' and 'per flat' contribution rates established. These are set out in the finalised Supplementary Guidance on 'Developer Contributions and Infrastructure Delivery' (August 2018).

Development Management Sub-Committee – 25 SeptemberPage 2019 71 Page 17 of 20 19/01171/FUL

Assessment and Contribution Requirements

Assessment based on: 22 Flats (13 one bedroom flats excluded) 14 Houses

This site falls within Sub-Area SW-3 of the 'South West Education Contribution Zone'.

The Council has assessed the impact of the proposed development on the identified education infrastructure actions and current delivery programme.

The Education Appraisal considered the impact of new housing sites allocated in the LDP, including some sites within the Urban Area. No requirement for new primary or secondary infrastructure to accommodate additional pupils from new development within this sub-area was identified.

Although the Education Appraisal did not take account of the potential for new residential development on this site, this has now been considered. The existing catchment schools which cover this site can accommodate the additional pupils that would be expected from the development.

There is therefore no requirement for a contribution towards new education infrastructure to mitigate the impact of this development.

Flood Prevention

Thank you for the additional information and responses.

Review of higher resolution SEPA maps identifies the predicted flooding to be within phase 2 of the development. I am however satisfied with the applicant's response that 'the introduction of positively drained roofs and roads and the relevelling of the site to remove this low point should remove any future flooding in this area'.

It should be noted that overland flow paths should be built in as a resilience measure to safely manage overland flows in the event of a failure or a storm event that exceeds the drainage design capacity.

I am happy for the application to be determined with no further comments from our department.

Roads Authority

No objections to the application subject to the following being included as conditions or informatives as appropriate:

1. The applicant will be required to contribute the sum of £2,000 to progress a suitable order to introduce waiting and loading restrictions as necessary; 2. Applicant is required to provide a minimum of 70 cycle parking spaces for the 35 flatted residential units. The proposed 58 cycle spaces does not comply with the minimum cycle parking requirement for the proposed 35 flats (13 1bed and 22 2bed flats). Cycle parking for the houses to be provided in the garden area.

Development Management Sub-Committee – 25 SeptemberPage 2019 72 Page 18 of 20 19/01171/FUL

3. All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent. The extent of adoptable roads, including footways, footpaths, accesses, cycle tracks, verges and service strips to be agreed. The applicant should note that this will include details of lighting, drainage, Sustainable Urban Drainage, materials, structures, layout, car and cycle parking numbers including location, design and specification. For the avoidance of doubt, the road layout is not approved at this stage; 4. A Quality Audit, as set out in Designing Streets, to be submitted prior to the grant of Road Construction Consent; 5. In accordance with the Council's LTS Travplan3 policy, the applicant should consider developing a Travel Plan including provision public transport travel passes, a Welcome Pack, a high quality map of the neighbourhood (showing cycling, walking and public transport routes to key local facilities) and timetables for local public transport; 6. The applicant should note that new road names may be required for the development and this should be discussed with the Council's Street Naming and Numbering Team at an early opportunity; 7. The applicant must be informed that any proposed on-street car parking spaces cannot be allocated to individual properties, nor can they be the subject of sale or rent. The spaces will form part of the road and as such will be available to all road users. Private enforcement is illegal and only the Council as roads authority has the legal right to control on-street spaces, whether the road has been adopted or not. The developer is expected to make this clear to prospective residents; 8. All disabled persons parking places should comply with Disabled Persons Parking Places (Scotland) Act 2009. The Act places a duty on the local authority to promote proper use of parking places for disabled persons' vehicles. The applicant should therefore advise the Head of Planning and Transport if he wishes the bays to be enforced under this legislation. A contribution of £2,000 will be required to progress the necessary traffic order. All disabled persons parking places must comply with Traffic Signs Regulations and General Directions 2016 regulations or British Standard 8300:2009 as approved by the Head of Planning and Transport; 9. 8 electric vehicle charging outlets including dedicated parking spaces with charging facilities and ducting and infrastructure to allow electric vehicles to be readily accommodated in the future is required. 10. The developer must submit a maintenance schedule for any SUDS infrastructure for the approval.

Note: a) The proposed development is predicted to generate a total of 9 and 17 two way morning and afternoon peak hour traffic respectively. b) 38 car parking spaces including 3 accessible bays to be provided for the 49 residential units. The proposed number of car parking spaces complies with the Council's parking standards which could permit a maximum of 61 car parking spaces for the proposed development (13 1bed, 22 2bed & 14 3/4bed) in Zone 3. c) Applicant has demonstrated by swept path analysis that refuse collection can be undertaken from within site.

Development Management Sub-Committee – 25 SeptemberPage 2019 73 Page 19 of 20 19/01171/FUL

Location Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 74 Page 20 of 20 19/01171/FUL Agenda Item 4.7

Development Management Sub Committee

Wednesday 25 September 2019

Application for Approval of Matters Specified in Conditions 19/02475/AMC At Site 60 Metres South Of 199, Fountainbridge, Edinburgh Approval of matters specified in conditions 1, 2 (a-m) and (i)-(v), 3, 17, 18, and 20 relating to Plot W4 including residential/commercial units; detail of height, massing, ground floor levels, design of external features/materials including public realm, pedestrian/cycle access arrangements, treatment to adopted roads/footways, servicing, parking, surface water/drainage, street lighting, waste management, hard/soft landscaping details, active frontage.

Item number Report number

Wards B09 - Fountainbridge/Craiglockhart

Summary

The proposal is in accordance with the planning permission in principle. The detail of the proposal is acceptable and broadly consistent with the previous approval of matters specified in conditions application. The applicant has provided sufficient information to discharge the requested conditions (with the exception of condition 20) and conditions requiring further information are included where necessary. The proposal will deliver 113 affordable housing units and commercial space as part of a masterplanned regeneration of this former brewery site. There are no material considerations which outweigh this conclusion.

Development Management Sub-Committee – 25 SeptemberPage 2019 75 Page 1 of 24 19/02475/AMC

Links

Policies and guidance for LDPP, LDEL02, LDES01, LDES02, LDES03,

this application LDES04, LDES05, LDES06, LDES07, LDES08, LEN09, LEN22, LHOU01, LHOU02, LHOU03, LHOU04, LHOU06, LTRA02, LTRA03, LTRA04, NSG, NSGD02,

Development Management Sub-Committee – 25 SeptemberPage 2019 76 Page 2 of 24 19/02475/AMC

Report

Application for Approval of Matters Specified in Conditions 19/02475/AMC At Site 60 Metres South Of 199, Fountainbridge, Edinburgh Approval of matters specified in conditions 1, 2 (a-m) and (i)- (v), 3, 17, 18, and 20 relating to Plot W4 including residential/commercial units; detail of height, massing, ground floor levels, design of external features/materials including public realm, pedestrian/cycle access arrangements, treatment to adopted roads/footways, servicing, parking, surface water/drainage, street lighting, waste management, hard/soft landscaping details, active frontage.

Recommendations

1.1 It is recommended that this application be Approved subject to the details below. Background

2.1 Site description

The application site is in the urban area as defined in the Edinburgh Local Development Plan. The site is located within the wider Fountainbridge area identified as proposal CC3 in the Edinburgh Local Development Plan.

The site relates to an area of vacant land that previously formed part of the former Scottish and Newcastle Brewery site and covers an area of approximately 0.46 hectares. The site is bound to the north by Dundee Street and to the west by Viewforth. The Union Canal is to the south of the site and is a Scheduled Monument (reference SM11097, 15 December 2003). Boroughmuir High School and Fountainpark Centre are located to the west of the site.

Much of the immediate area is vacant land however, the character of the area is changing as part of the regeneration of Fountainbridge. There is a mix of emerging uses in the area including residential, retail, office, hotel and education uses.

2.2 Site History

3 November 2004 - Fountainbridge Development Brief approved (amended 2005).

Development Management Sub-Committee – 25 SeptemberPage 2019 77 Page 3 of 24 19/02475/AMC

30 June 2016 - Planning permission in principle for a mixed-use development comprising classes 1, 2, 3, 4, 7, 9, 10 with associated parking, open space, infrastructure and public realm works was granted (application reference: 14/02814/PPP).

9 December 2016 - Approval of matters specified in conditions 1, 2, 3, 17, 18 and 20 for plot E2 was approved (application reference: 16/033321/AMC).

2 May 2019 - Approval of matters specified in conditions 1, 2, 3, 17, 18 and 20 for plot W3 was approved (application reference: 18/09769/AMC).

27 June 2019 - Planning permission in principle for a mixed-use development comprising classes 1, 2, 3, 4, 7, 9, 10 with associated parking, open space, infrastructure and public realm works is pending consideration (planning application reference: 19/03097/PPP). This is a renewal of application reference 14/02841/PPP). Main report

3.1 Description Of The Proposal

The application is for approval of matters specified in conditions 1, 2 (a-m) and (i)-(v), 3, 17, 18 and 20 of planning permission in principle reference 14/02814/PPP for Plot W4. In summary, these are as follows:

Condition 1: Each AMC application shall be accompanied by a site plan;

Condition 2: Each AMC application shall be accompanied by detail of matters (a-m) and (i) - (v);

Condition 3: Each AMC application shall be accompanied by a phasing plan;

Condition 17: Each AMC application to be accompanied by a Daylight Privacy and Sunlight assessment;

Condition 18: Any AMC application shall include minimum of 70% active commercial frontage onto Fountainbridge/ Dundee Street; and

Condition 20: Full details of heritage interpretation plan shall be submitted with each AMC application.

The proposal represents Plot W4 of the first phase of detailed proposals for the 14/02814/PPP permission. The proposal is for a residential-led mixed use development comprising 113 social rent mid-market residential units and 313 square metres of retail space at the ground floor fronting Dundee Street.

The proposed plot W4 layout comprises a 'U' shaped perimeter block surrounding shared courtyard gardens and some private gardens spaces for ground floor units facing the internal courtyard. The building height ranges from three to seven storeys, the flatted block reaches a peak of seven storeys in the north-west of the site fronting Dundee Street and Viewforth. Three storey colony flats are located to the east of the plot. The building line is set back from the Dundee Street and therefore provides an area of public realm between the road and the building.

Development Management Sub-Committee – 25 SeptemberPage 2019 78 Page 4 of 24 19/02475/AMC

The predominant materials proposed for the external elevations are a mixture of red and buff coloured facing brick. Metal framed windows and balustrades are also proposed. The proposed materials for the public realm works include a mix of Caithness flagstones and clay pavers.

The layout of plot W4 creates pedestrian routes through the site to other blocks, the canal and the wider city. The site is accessible by pedestrians and cyclists through shared surface streets and links. Cycle parking is proposed within an internal store in the northwest corner of plot W4. Three accessible car parking spaces are proposed at street level adjacent to the accessible dwellings to the east of the site.

Changes from previous consent (ref. 16/03321/AMC)

The application includes minor changes from the previously consented scheme (ref. 16/03321/AMC). These include:

− plot W4 tenure changed to wholly social rent;

− one additional residential unit has been added;

− balustrading along Viewforth has been altered; and

− other minor detailed design developments.

Supporting Information

The following supporting documents and drawings have been submitted with this application:

− Design and Access Statement; − Daylight and Sunlight Assessment; and − Overshadowing Assessment.

These documents are available to view on the Planning and Building Standards Online Services.

3.2 Determining 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?

Development Management Sub-Committee – 25 SeptemberPage 2019 79 Page 5 of 24 19/02475/AMC

3.3 Assessment

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

a) the development complies with the planning permission in principle;

b) the proposed design, scale and layout are acceptable;

c) the proposal provides an acceptable level of amenity for future occupiers and existing neighbours;

d) the transport, access and parking arrangements are acceptable;

e) there are any other material issue; and

f) representations raised issues have been addressed. a) Compliance with Planning Permission in Principle

Planning permission in principle (PPP) was granted for the wider site for a mixed-use development comprising residential, office, hotel, retail uses with associated access, landscaping and public realm in December 2016 (planning application reference: 14/02814/PPP). The site has been divided into four smaller plots with individual AMC applications. A subsequent application for approval of matters specified in conditions (AMC) was approved for this plot (planning application reference: 16/03421/AMC). This AMC represents further development of the approved detailed proposals for Plot W4. The applicant has submitted an acceptable site plan and phasing plan for the site compliant with conditions 1 and 2 of the PPP.

The wider PPP granted an indicative mix of uses including 340 homes (25% affordable) and 4,476m2 of retail space and other uses that are not subject to this AMC. This AMC relates to 113 social rent affordable residential units and 313m2 of retail space on plot W4. Condition 18 requires 70% active commercial frontage onto Dundee Street and the application exceeds this with 83.6% of the frontage being active. The application includes 47.5m of frontage onto Dundee Street. Within this total, 42m is active frontage created by the proposed retail units. Therefore, the proposed provision of retail units in the north of the site at Dundee Street complies with condition 18 of the PPP application, in terms of active frontage requirement at this location.

The proposed residential units and commercial space proposed for this plot are compliant with the granted PPP and the consideration can be given to discharging conditions for reserved matters, subject to sufficient information being provided and compliance with the Edinburgh Local Development Plan (LDP) and Edinburgh Design Guidance (EDG).

Development Management Sub-Committee – 25 SeptemberPage 2019 80 Page 6 of 24 19/02475/AMC b) Design, Scale and Layout

Policy Des 7 (Layout Design) and Des 8 (Public Realm and Landscape Design) of the LDP support schemes with a comprehensively designed layout and demonstrate an integrated approach to the layout of buildings, streets, footpaths and open space. Layouts should incorporate and enhance existing features contributing towards a sense of place. The layout should connect with the wider network and encourage walking, cycling and support public transport. The Fountainbridge Development Brief aspires to integrate new development with the wider area and improve permeability. Policy Hou 4 (Housing Density) seeks an appropriate density having regard to the characteristics of the area and creating an attractive residential environment.

The layout of Plot W4 has changed since the indicative plans within the PPP. The PPP showed a full perimeter block, however the subsequent approved AMC omitted the southern end of the block and formed a colony terrace to the east. The revision maintains a comprehensive approach to the overall scheme connected with a positive relationship with the public realm, enhancing permeability and allowing more sunlight into the garden areas of the blocks and reduces. Overall, the layout has not changed from the approved AMC and complies with policy Des 7 of the LDP. The residential density equates to 255 units per hectare. The density is compatible with the emerging character of the area and will facilitate the establishment of a new urban area within the city compliant with policy Hou 4.

The proposed seven storey height is compatible with the emerging height of development in the area along Dundee Street and Fountainbridge. The maximum height sits along the main routes and will establish an appropriate urban form. In comparison with the PPP the heights have remained broadly the same and there has been a modest reduction in height in some aspects of the roof since the approved AMC. The contrast between the taller buildings at Dundee Street and the lower buildings within the courtyard interior of the site will add to the visual interest and character of the development.

The visual impact of the massing of the buildings was assessed as part of the PPP application and it was concluded that the proposal will not materially affect key city views either by breaking the skyline or obstructing landmark features including the Castle. This proposal sits broadly within the height and massing of the plans approved at PPP stage. The height, scale and massing are consistent with the previously approved AMC and policy Des 4 Development Design - Impact on Setting.

LDP Policy Des 1 (Design Quality and Context) states that proposals should create a sense of place and be based on an overall design concept that draws on the positive characteristics of the surrounding area. The proposed buildings are modern in appearance. They have full height windows and the use of projecting and 'Juliet' balconies adds to the visual interest of the design. The main external building material is brick and as noted in the Edinburgh Design Guidance, has good weathering characteristics. Brick has been used successfully at neighbouring Springside and on other developments in the wider area. Brick is now a characteristic material of Fountainbridge referencing the historic industrial character of the area. The metal windows will have an attractive appearance and will complement the brick. The design palette of materials is appropriate for the location. The quality of the external building materials will remain controlled by condition 6 of the 14/02814/PPP permission.

Development Management Sub-Committee – 25 SeptemberPage 2019 81 Page 7 of 24 19/02475/AMC

Overall, the development would sit comfortably with the wider PPP site. The proposals will provide a suitable density, layout and design solution for the development of the former brewery site which in turn will contribute to the regeneration of the wider Fountainbridge area. The proposals are broadly consistent with the previously approved AMC and comply with the relevant policies in the LDP and therefore the relevant aspects of condition 2 can be approved. c) Daylight, Sunlight and Privacy

Policy Des 5 (Development Design - Amenity) of the LDP supports development where it can be demonstrated that neighbours and future occupiers will have an acceptable level of amenity in relation to noise, daylight, sunlight, privacy and outlook. The Edinburgh Design Guidance sets out standards for protecting residential amenity and how it will be assessed.

There are a variety of units, including one and two bedroom flats, triplex apartments and a triplex house. The internal space standards of all housing units comply with the recommended standards in the EDG. The flats have an open plan layout which allows light deeper into the floor plans and cuts down on redundant circulation space. Across the development as a whole, 65% of apartments are single aspect, with 35% of apartments either dual or corner aspect. This does not accord with the requirements of the Edinburgh Design Guidance which states that single aspect dwellings should not make up more than 50% of the overall dwelling numbers. The Guidance also states that where single aspect units are incorporated, it is important to meet the requirements for daylight and sunlight. When considered alongside Plots W1 - W3 the development as a whole will achieve over 50% dual aspect homes. The % of dual aspect homes for plot W4 is broadly similar to the approved AMC.

The submitted Dwelling Sunlight and Daylight Analysis Report shows that, generally, the flats meet the requirements for daylight set out in the guidance with direct skylight penetrating at least halfway into all habitable rooms. The use of floor to ceiling windows helps to maximise daylight. In relation to sunlight, generally the development achieves the requirements for sunlight within new garden spaces. The development form is based on perimeter apartment blocks organised around shared central corridors which allow common access to cores, lifts, refuse chutes, services and risers. The open plan nature of the flats allows additional daylight into the rooms.

The results and observations presented within the overshadowing assessment indicate that the majority of created amenity space within the proposed development complies with the criteria set out by EDG. This indicates at least half of the amenity area is capable of receiving more than three hours of sunlight on 21 March.

The proposed development is located a sufficient distance from any existing and proposed residential properties so as not to result in any significant overlooking or loss of privacy to these neighbouring dwellings.

Overall, the proposal is broadly consistent with the approved AMC and no new amenity issues have been raised. The proposals are broadly compliant with policy Des 5 of the LDP and condition 17 can be approved.

Development Management Sub-Committee – 25 SeptemberPage 2019 82 Page 8 of 24 19/02475/AMC d) Transport

The scheme has been assessed against Tra 2 (Private Car Parking) and Tra 3 (Private Cycle Parking). The policies support development on suitable sites in the City Centre that are accessible. Any parking provision should comply with the standards set out in the Edinburgh Design Guidance and incorporated within the scheme.

Three vehicle parking spaces are proposed at street level adjacent to the accessible dwellings. Further vehicle parking is proposed to the south of plot W4, within the basement car park at plots W1 and W2. The site is within zone one of the EDG car parking standards that permit a minimum of zero and a maximum of 113 vehicle car parking spaces. The significantly lower provision of car parking in this accessible location is supported.

Cycle parking is proposed within internal stores accessible from Dundee Street and Viewforth. These spaces will provide 104 cycle spaces for residents use, utilising a two- tier stacked cycle parking system. Additional cycle parking will be provided along Dundee Street and within the internal courtyard. The current Parking Standards require a minimum of 213 cycle parking spaces for the proposed residential plot W4 development. However, the provision of 104 internal spaces represents at least one cycle parking space per flat with the units with garden space able to provide their own additional cycle parking spaces. The units are highly accessible by walking and public transport and the proposed provision of cycle parking in accordance with the previously approved AMC is considered acceptable. On-street visitor cycle stands will be provided at two locations in the north of plot W4 at Dundee Street. A total of 74 visitor cycle parking spaces are proposed throughout plots W1-W4.

Information has been supplied in relation to waste management, refuse collection and recycling. Waste collection will be provided by the City of Edinburgh Council waste collection service. Internal refuse collection storage areas are located to the east and west of the flatted block. This area is accessible from the access road to the east and Viewforth. The streets have been designed as a shared surface with the primary vehicular route through the site from Fountainbridge to the underground car park. A secondary vehicle route runs through the site between north and south and between Plots W1 and W2 providing access to the accessible parking spaces. A layby with a clearance of 0.5m is to be provided to the north of the site on Dundee Street, The design of the layby has taken account of the adjoining cycle route and incorporated a safe distance to protect cyclists from 'dooring' where bikes are obstructed by car door openings. The principles of the vehicular movement were set out at the PPP stage. The transport arrangements are acceptable subject to compliance with the condition 1 below and the relevant parts of condition 2 can be discharged. e) Other Material Planning Issues

Lighting

Details have been provided in respect of external lighting. The strategy includes the use of column and building mounted lanterns. Residential scale lighting columns will be located in the south of the site adjacent to residential properties and the community garden. Building mounted lanterns will be located in the north of the site. This satisfies part l) of condition 2 of the PPP.

Development Management Sub-Committee – 25 SeptemberPage 2019 83 Page 9 of 24 19/02475/AMC

Landscape

The landscaping proposals which include tree planting, grassed areas, hedge planting, groundcover planting and community growing space will serve to promote biodiversity at this city centre site. A planting schedule has been submitted, which outlines the proposed groundcover and tree planting that will support biodiversity and is acceptable.

In terms of public realm, the landscape strategy remains unchanged from the previously consented AMC. Pedestrian pavements along Fountainbridge, Dundee Street and Viewforth will be paved with warm buff colour Caithness flagstone pavers. Clay pavers will used within the internal shared surface spaces and concrete brick pavers are proposed within the internal courtyards. The proposed materials are compatible with the Fountainbridge Public Realm Strategy.

Ground Conditions

The application site has been subject to a number of operations which could potentially result in contamination. A Site Investigation Report and a Phase II Geo-technical and Geo-environmental Report have been prepared during the PPP and AMC process. The design proposed has acknowledged the findings of these reports and incorporated remediation strategies as appropriate.

Archaeological Heritage

The application provides some detail in relation to a heritage interpretation plan that includes the reuse of the historic brewery clock. While this proposal is welcomed, the information provided is insufficient to fully meet the requirements of condition 20 of the 14/02814/PPP which requires full details to be provided with each AMC application. A condition is recommended which requires further details of the proposals to be submitted and approved prior to development commencing on site.

Drainage and Flooding

LDP Policy Env 21 (Flood Protection) does not allow for development which would increase flood risk. The applicant submitted a Drainage Strategy Plan, Flood Risk Assessment and SUDS Maintenance Plan as part of the PPP and AMC process. The applicant has satisfied the Council standards. The proposal includes attenuation tanks, planting schemes and porous paving. CEC Flood Prevention and SEPA have raised no objections and the proposals are acceptable and part i) of condition 2 can be approved. f) Representations

No representations were received.

Development Management Sub-Committee – 25 SeptemberPage 2019 84 Page 10 of 24 19/02475/AMC

Conclusion

It is recommended that this application be Approved subject to the details below.

3.4 Conditions/reasons/informatives Conditions:-

1. i) Prior to the commencement of construction works on site:

b) Where necessary, a detailed schedule of any required remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Planning Authority.

2. Notwithstanding what is shown on the approved drawings and supporting information, prior to the commencement of development on site, further details shall be provided of the heritage interpretation plan for the approval of the Planning Authority in consultation with CEC Archaeology.

Reasons:-

1. In order to safeguard the amenity of neighbouring residents and other occupiers.

2. In order to safeguard the interests of archaeological heritage.

Informatives

It should be noted that:

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.

Development Management Sub-Committee – 25 SeptemberPage 2019 85 Page 11 of 24 19/02475/AMC

4. All boilers must be fitted with secondary abatement technology.

5. Conditions of the Planning Permission in Principle to which this application relates remain and are required to be discharged.

6. Transport Informatives

6.1. It is understood that all matters relating to Transport Contributions for the proposed development site have already been secured through the Section 75 Legal Agreement for the Planning Permission in Principle (PPP) that this Approval of Matters specified in Conditions (AMC) application relates to;

6.2. A minimum of 213 secure cycle parking spaces is required for the proposed residential unit. The proposed 126 cycle parking spaces(104 secure cycle spaces + 22 visitor spaces) does not meet the minimum cycle parking requirement for the proposed 106 flatted residential development;

6.3. A layby with clearance 0.5m wide to be provided to ensure cyclist safety on the cycle lane along south side of Dundee Street;

6.4. The applicant should be advised that as the development is located in Zones 1 to 8, they will not be eligible for residential parking permits in accordance with the Transport and Environment Committee decision of 4 June 2013. See http://www.edinburgh.gov.uk/download/meetings/id/39382/item_7_7 (Category A - New Build);

6.5. All accesses must be open for use by the public in terms of the statutory definition of 'road' and require to be the subject of applications for road construction consent. The extent of adoptable roads, including footways, footpaths, accesses, cycle tracks, verges and service strips to be agreed. The applicant should note that this will include details of lighting, drainage, Sustainable Urban Drainage, materials, structures, layout, car and cycle parking numbers including location, design and specification. Particular attention must be paid to ensuring that refuse collection vehicles are able to service the site. The applicant is recommended to contact the Council's waste management team to agree details;

Development Management Sub-Committee – 25 SeptemberPage 2019 86 Page 12 of 24 19/02475/AMC

6.6. In accordance with the Council's LTS Travplan3 policy, the applicant should submit a draft Travel Plan prior to first occupation of the premises and a final Travel Plan within 12 months of that date. The scope to be agreed with the Head of Planning and Transport. The Travel Plan should include agreement to provide, secure cycle parking, public transport travel passes, a Welcome Pack, a high quality map of the neighbourhood (showing cycling, walking and public transport routes to key local facilities), timetables for local public transport and a monitor within the property capable of displaying real time public transport information;

6.7. The applicant must be informed that any proposed on-street car parking spaces cannot be allocated to individual properties, nor can they be the subject of sale or rent. The spaces will form part of the road and as such will be available to all road users. Private enforcement is illegal and only the Council as roads authority has the legal right to control on-street spaces, whether the road has been adopted or not. The developer is expected to make this clear to prospective residents;

6.8. The applicant should note that new road names will be required for the development and this should be discussed with the Council's Street Naming and Numbering Team at an early opportunity;

6.9. A Restricted Parking Zone is to be considered for the site, this will remove the requirement for yellow lines but signs will still be required.

6.10. Any works affecting an adopted road must be carried out under permit and in accordance with the specifications. See Road Occupation Permits http://www.edinburgh.gov.uk/downloads/file/1263/apply_for_permission_to_creat e_or_alter_a_driveway_or_other_access_point

6.11. All disabled persons parking places should comply with Disabled Persons Parking Places (Scotland) Act 2009. The Act places a duty on the local authority to promote proper use of parking places for disabled persons' vehicles. The applicant should therefore advise the Head of Planning and Transport if he wishes the bays to be enforced under this legislation. A contribution of £2,000 will be required to progress the necessary traffic order. All disabled persons parking places must comply with Traffic Signs Regulations and General Directions 2016 regulations or British Standard 8300:2009 as approved by the Head of Planning and Transport.

The disabled parking bays have to be marked on-street and signed;

6.12. Electric vehicle charging outlets should be considered for this development including dedicated parking spaces with charging facilities and ducting and infrastructure to allow electric vehicles to be readily accommodated in the future.

6.13. The proposed cycle parking to be to the Council's satisfaction regarding specification, design, security and location. Cycle stand products should meet the criteria of ease of use and provide secure locking points for wheels/frame; and

Development Management Sub-Committee – 25 SeptemberPage 2019 87 Page 13 of 24 19/02475/AMC

6.14. The visitor cycle parking for the development should be located at convenient locations, near the main entrances.

Financial impact

4.1 The financial impact has been assessed as follows:

The application is subject to a legal agreement for developer contributions. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 The equalities impact has been assessed as follows:

The application has been considered and has no impact in terms of equalities or human rights. Sustainability impact

7.1 The sustainability impact has been assessed as follows:

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

8.1 Pre-Application Process

Pre-application discussions took place on this application.

8.2 Publicity summary of representations and Community Council comments

The application was publicised on the weekly list of applications on 10 June 2019. Neighbours were notified of the application on 10 June 2019 and 21 days were allowed for comments. The proposals received no consultation responses.

A full assessment of the representations can be found in the main report in the Assessment section. Background reading/external references

• To view details of the application go to • Planning and Building Standards online services

• Planning guidelines

• Conservation Area Character Appraisals

• Edinburgh Local Development Plan

Development Management Sub-Committee – 25 SeptemberPage 2019 88 Page 14 of 24 19/02475/AMC

• Scottish Planning Policy

Development Management Sub-Committee – 25 SeptemberPage 2019 89 Page 15 of 24 19/02475/AMC

Statutory Development Plan Provision Edinburgh Local Development Plan

Date registered 30 May 2019

Drawing numbers/Scheme 01 - 37,

Scheme 1

David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council

Contact: Declan Semple, Planning Officer E-mail:[email protected] Tel:0131 529 3968 Links - Policies

Relevant Policies:

Relevant policies of the Local Development Plan.

LDP Policy Del 2 (City Centre) sets criteria for assessing development in the city centre.

LDP Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

LDP Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effect development of adjacent land or the wider area.

LDP Policy Des 4 (Development Design - Impact on Setting) sets criteria for assessing the impact of development design against its setting.

LDP Policy Des 5 (Development Design - Amenity) sets criteria for assessing amenity.

Development Management Sub-Committee – 25 SeptemberPage 2019 90 Page 16 of 24 19/02475/AMC