Planning Committee

Greenfield, Alloa, Scotland, FK10 2AD (Tel.01259-450000)

PLANNING COMMITTEE

Thursday 9 June 2011 at 9.30 am

Venue: Council Chamber, Greenfield, Alloa, FK10 2AD

For further information contact Finance and Corporate Services, Clackmannanshire Council, Greenfield, Alloa, FK10 2AD Phone: 01259 452106/2004 Fax: 01259 452230 E-mail: [email protected] www.clacksweb.org.uk

Date Time

PLANNING COMMITTEE

The Planning Committee is responsible for taking decisions on planning applications and enforcement, dealing with regulatory issues arising in the fields of Building Control, Trading Standards, Environmental Health and non liquor licensing, all in line with Council policy.

01 June 2011

A MEETING of the PLANNING COMMITTEE will be held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 9 JUNE 2011at 9.30 am.

ELAINE McPHERSON Head of Strategy and Customer Services

B U S I N E S S

Page No.

1. Apologies --

2. Declaration of Interests --

Members should declare any financial or non-financial interests they have in any item on this agenda, identifying the relevant agenda item and the nature of their interest in accordance with the Councillors’ Code of Conduct. A Declaration of Interest form should be completed and passed to the Committee Officer.

3. Confirm Minute of Planning Committee Meeting held on 01 Thursday 12 May 2011 (Copy herewith)

4. Confirm Minutes of Local Review Body meetings (copies herewith): a) Minute of Meeting held on 15 April 2010 03 b) Minute of Meeting held on 12 May 2011 05

5. Street Naming Report for Former Builder's Yard, Keilarsbrae 07 Sauchie - report by the Head of Community and Regulatory Services (Copy herewith)

6. Planning Application - Change of Use of Agricultural Land to 15 Woodland Burial Cemetery, including Access Road, Turning Circle and Disabled Parking Bays, Land to North of Woodland Park Access Road, Alva (Ref. No. 10/00264/FULL) - report by Development Quality Team Leader (Copy herewith)

7. Applications to Partially Relax the Terms of Section 75 Agreement 27 to Allow Supermarket Within Unit 4 of the Extension at Sterling Mills Outlet Village, Moss Road, Tillicoultry - report by Principal Planner (Copy herewith)

COMMITTEE MEMBERSHIP – PLANNING COMMITTEE

Councillors Wards

Councillor Alastair Campbell (Convener) 5 Clackmannanshire East CON

Councillor Tina Murphy (Vice Convener) 1 Clackmannanshire West SNP

Councillor Kenneth Earle 4 Clackmannanshire South LAB

Councillor Mark English 4 Clackmannanshire South SNP

Councillor George Matchett 1 Clackmannanshire West LAB

Councillor Walter McAdam 2 Clackmannanshire North SNP

Councillor Bobby McGill 2 Clackmannanshire North LAB

Councillor Harry McLaren 5 Clackmannanshire East LAB

Provost Derek Stewart 3 Clackmannanshire Central LAB

Councillor Gary Womersley 3 Clackmannanshire Central SNP

THIS PAPER RELATES TO ITEM 3 ON THE AGENDA

MINUTE OF MEETING of the PLANNING COMMITTEE held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 12 MAY 2011 at 9.30 am.

PRESENT

Councillor Alastair Campbell (Convener) Councillor Kenneth Earle Councillor George Matchett, QPM Councillor Harry McLaren Councillor Gary Womersley

IN ATTENDANCE

Ian Duguid, Development Quality Team Leader Julie Hamilton, Service Manager Development Andrew Wyse, Solicitor (Clerk to the Committee)

PLA(11)01 APOLOGIES

Apologies for absence were received from Councillor Tina Murphy, Councillor Mark English, Councillor Walter McAdam MBE, Councillor Bobby McGill and Provost Derek Stewart.

PLA(11)02 DECLARATIONS OF INTEREST

None

PLA(11)03 MINUTE OF MEETING HELD ON 17 MARCH 2011

A minute of the Planning Committee meeting held on Thursday 17 March 2011 was submitted for approval.

The minute of the meeting held on Thursday 17 March 2011 was agreed as a correct record and signed by the Convener.

PLA(11)04 REPORT OF HANDLING ON PLANNING APPLICATION

Planning Application: Change of Use of Public Open Space to Private Garden Ground on Land Adjacent to 111 Alloa Road, Tullibody (Ref. 11/00071/FULL)

A report of handling on the above application for planning permission was submitted by the Principal Planner. The report assessed the proposed development in the context of the Clackmannanshire Development Plan and other material considerations including consultation responses. The report made a recommendation to the Committee based on this assessment.

1 As the Council has an interest in the planning application as the owner of the application site, the application was reported to Committee for decision.

Motion

That the Committee approves the application subject to the terms and conditions set out in the report.

Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett, QPM.

Decision

The Committee agreed unanimously to approve the application subject to the terms and conditions set out in the report.

Action

Service Manager (Development)

ENDS 9.35 am

2 THIS PAPER RELATES TO ITEM 4 (a) ON THE AGENDA

MINUTE OF MEETING of the LOCAL REVIEW BODY held within the Council Chamber, Greenfield, Alloa, on THURSDAY 15 APRIL 2010 at 1.30 pm

PRESENT

Councillor Alastair Campbell (Chair) Councillor Tina Murphy Councillor Derek Stewart

IN ATTENDANCE

Mark Easton, Solicitor (Clerk to the Local Review Body)

LRB(10)01 APOLOGIES

None.

LRB(10)02 DECLARATIONS OF INTEREST

None.

LRB(10)03 APPLICATION FOR REVIEW - SITE ADDRESS: 11 ELISTOUN DRIVE, TILLICOULTRY FK13 6NT

Name of Applicant: Mrs Gillian Irvine Description of the Erection of House and Driveway - Application for the Removal of Application: Planning Conditions 5 and 6 of Planning Application Reference 05/00366/FULL Planning Application 09/00282/FULL Reference Number:

The Local Review Body considered the application for review, submitted on behalf of Mrs Gillian Irvine, 11 Elistoun Drive, Tillicoultry, FK13 6NT, for the removal of Planning Conditions 5 and 6 of Planning Application Reference 05/00366/FULL. The Local Review Body were satisfied that there was sufficient information before them to determine the application without further procedure.

Decision

Having considered all of the information before them, the Local Review Body upheld the determination made by the appointed officer on the application for the removal of Planning Conditions 5 & 6 of Application Reference 05/00366/FULL for the following reasons:

Reasons

1. The application if approved would allow the proposed new house to be occupied without adequate access road arrangements to serve it, and planning permission would not have been granted for the house in the absence of a package of road improvements being in place. The application is therefore contrary to Policy RES 4 of the Clackmannanshire Local Plan and the related Supplementary Advice Note, SAN 2;

2. The reasons for the conditions are valid and there are no material changes in circumstances since the date of submission of application 05/00366/FULL to indicate that these conditions should be removed; and

3. Having considered the further information provided by the applicant and the interested parties, the Local Review Body were satisfied that no material considerations existed since the submission of application 09/00282/FULL that would justify their removal.

Action

Clerk to the Local Review Body

ENDS 1.40 pm

4 THIS PAPER RELATES TO ITEM 4 (b) ON THE AGENDA

MINUTE OF MEETING of the LOCAL REVIEW BODY held within the Council Chamber, Greenfield, Alloa, on THURSDAY 12 MAY 2011 at 10.00 am.

PRESENT

Councillor Alastair Campbell (Chair) Councillor Walter McAdam Councillor Gary Womersley

IN ATTENDANCE

Mark Easton, Solicitor (Clerk to the Local Review Body) Andy Wyse, Independent Planning Adviser

LRB(11)01 APOLOGIES

None.

LRB(11)02 DECLARATIONS OF INTEREST

None.

LRB(11)03 APPLICATION FOR REVIEW - BRIDGE MOTOR FACTORS, BROAD STREET, ALLOA, FK10 1AN

Name of Applicant: Ms Lynsey McGarvie Description of the Siting of Hot Food Trailer - Renewal of Temporary Planning Application: Permission Ref. No. 08/00141/FULL Planning Application 10/00311/FULL Reference Number:

The Local Review Body considered the application for review, submitted on behalf of Miss Lynsey McGarvie, c/o Bridge Motor Factors, Broad Street, Alloa, Clackmannanshire, FK10 1AN, for the renewal of temporary planning permission to operate a hot food trailer. The Local Review Body was satisfied that there was sufficient information before it to determine the application without further procedure.

The Local Review Body subsequently allowed the applicant and interested parties below to address the LRB.

Attending

Miss Lynsey McGarvie, Applicant Ms Valerie Wardrop, on behalf of the Applicant Mr Brian McMeechan, Managing Director, Transview (in support of the Applicant)

5 Decision

Having heard representations from Mr Brian McMeechan on behalf of the applicant and Miss Lynsey McGarvie, Applicant, and having considered all of the information before it, on a division of 2 votes to 1, the Local Review Body upheld the determination made by the appointed officer on the application for the refusal of Planning Permission for the Siting of a hot foot trailer for the following reason:

Reason

1. The retention of the hot food trailer would, by reason of its appearance and prominent position on the frontage of the site, have an unacceptable detrimental impact on the character and appearance of the Alloa Glebe and adjacent Old Alloa Conservation Areas and would undermine the recent environmental improvements implemented by the Council that have been completed on Broad Street to restore its historic role as a strategic link between the town and the River Forth. Consequently, the development is contrary to Policies EN10 (Conservation Areas), EN11 (Enhancing Environmental Quality) and EN12 (Area Environmental Enhancement) of the Clackmannanshire Local Plan.

Action

Clerk to the Local Review Body

ENDS 10.30 am

6 THIS PAPER RELATES TO ITEM 5 CLACKMANNANSHIRE COUNCIL ON THE AGENDA

Report to Planning Committee

Date of Meeting: 9th June 2011

Subject: Street Naming Report for Former Builders' Yard, Keilarsbrae, Sauchie

Report by: Head of Community & Regulatory Services

1.0 Purpose

1.1 The purpose of this report is to decide the name of a new street.

1.2 In order to assist, the report sets out the results of the consultation exercise seeking a suggested name for a new street in Sauchie.

1.3 This development currently consists of the erection of 27 dwelling houses (Phase 1) on the footprint of the former builders yard at Keilarsbrae. A proposed Phase 2 will eventually bring the total number of dwellings to 39 and the approved layout lends itself to a single street. A location plan is enclosed at Appendix 1 for ease of reference.

1.4 Following careful consideration of the suggestions, having regard to the criteria for choosing names and taking cognisance of the Tri-Council Street Naming and Numbering Conventions, it is recommended that the name identified in Paragraph 2.1 be agreed.

2.0 Recommendations

2.1 The Council is recommended to agree the following name:

Mill Lade Avenue

3.0 Consultations

3.1 Research has been carried out and consultation undertaken in order to identify a suitable name for a new street name in Sauchie.

3.2 The consultation and research process involved contacting the local Councillors, the Community Group, local schools. A full list of the consultees' responses is enclosed at Appendix 1.

3.3 The Royal Mail Address Development Centre has also been consulted and the recommended name is acceptable. Should an alternative name be chosen, further consultation with the Royal Mail would be required.

4.0 Sustainability Implications

4.1 The recommendation does not have any significant sustainability implication. The consultation and research procedure ensures that community participation has been undertaken.

5.0 Resource Implications

5.1 Financial Details

5.2 There are no financial implications with regard to this report.

5.3 Staffing

5.2 There are no staffing implications with regard to this report.

6.0 Exempt Reports

6.1 Is this report exempt? No ;

7.0 Declarations

The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities 2008 - 2011

The area has a positive image and attracts people and businesses ; Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence ;

(2) Council Policies

Tri-Council Naming and Numbering Conventions

8.0 Equalities Impact

8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes ; No

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes ;

10.0 Appendices

10.1 Consultee Returns

10.2 Location Plan

11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered) Yes (please list the documents below) No ;

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

ALASTAIR MACKENZIE BUILDING STANDARDS & 2554 LICENSING TEAM LEADER

Approved by

NAME DESIGNATION SIGNATURE

JOHN GILLESPIE HEAD OF COMMUNITY & REGULATORY SERVICES

APPENDIX 1

CONSULTEE SUGGESTION SUPPORTING COMMENTS

Councillor Womersley (1) Carsebridge Site sits considerably higher than the adjoining land at Carsebridge.

(2) Keilarsbrae Designation of Keilarsbrae is strong locally.

Sauchie Community Todd Todd was the name of the company based on the Group site in the past.

Reference Librarian Archibald Keilarsbrae Mill was owned by William Archibald & Sons in the mid-19th century.

Building Standards Team Mill Lade Avenue Development in close proximity to the mill lade.

APPENDIX 2

14 THIS PAPER RELATES TO ITEM 6 CLACKMANNANSHIRE COUNCIL ON THE AGENDA

Supplementary Report to Planning Committee

Date of Meeting: 9th June 2011

Subject: Planning Application - Change of Use of Agricultural Land to Woodland Burial Cemetery, including Access Road, Turning Circle and Disabled Parking Bays, Land to North of Woodland Park Access Road, Alva (Ref. No. 10/00264/FULL)

Applicant: Clackmannanshire Council

Report by: Ian Duguid, Development Quality Team Leader

Electoral Ward: Clackmannan North

1.0 Purpose

1.1. This report supplements a report to Planning Committee on 17th February 2011 (Appendix 1) relating to a planning application for this proposed development at Alva Woodland Park. A decision on that application was deferred pending the outcome of further consultation with the Scottish Environment Protection Agency (SEPA).

1.2. This report advises on the outcome of that consultation. SEPA has now removed its objection to the planning application.

1.3. The recommendation to approve the application remains unchanged, albeit condition 1 is now discharged and can be deleted. The Council is therefore free to decide whether it wishes to proceed with the development.

2.0 Recommendations

2.1. It is recommended that this application is APPROVED, subject to the following conditions.

2.2. 1. No burials shall take place at the site until the existing junction at the entrance to the Woodland Park has been upgraded to a specification agreed in advance by the Council as planning and roads authority.

2. Before any works start on site, a scheme of landscaping shall have been submitted to and approved in writing by the Council, as planning authority. It shall include details of:-

15 (a) all existing trees to be retained or removed within or adjacent to the site.

(b) details of the type, number and location of any new trees, shrubs or hedgerows to be planted within the site.

(c) the arrangements for implementation and future maintenance of all planting including the design and location of any fencing or other means of enclosure.

Thereafter, the development shall be completed in accordance with the approved details.

3. The proposed access road, parking and turning area and footpath link to the existing public car park shown on the approved plans shall be completed before the cemetery is brought into use.

4. The surface water drainage within the car park area shall be designed in accordance with the guidance in "The SUDS Manual (C697)", unless otherwise agreed in writing by the Council, as planning authority.

Reasons for Conditions

1. In the interest of road safety.

2. In the interest of visual amenity.

3. In the interests of road safety and to ensure the site meets a satisfactory standard of accessibility.

4. To ensure adequate protection of the water environment.

2.3 Reasons for Decision

1. The proposal would accord with the objectives of the Development Plan.

2. The risks to the water environment have been satisfactorily addressed having regard to the advice from SEPA.

3. There are no other material considerations that would indicate that the application should be refused.

2.4 Section 75 Obligations

None

3.0 Background

3.1. The planning application for the provision of a woodland burial ground at Alva Woodland Park was reported to the Council's Planning Committee on 17th February 2011. The committee deferred the application to a future date to allow further consultation with SEPA, who had formally objected to the development.

16 3.2. Land Services subsequently commissioned additional survey information on ground conditions and characteristics, to demonstrate that the below ground level conditions are suitable for the proposed use.

4.0 Consultations

4.1. SEPA has been re-consulted on the new trial pit information produced by the hydrologist on behalf of the Council. Having noted the survey results and the conclusions associated with sand and gravel conditions and the availability of subsoil below burial depths, they have been reassured that each burial can take place within the designated areas in accordance with their Groundwater Policy for Scotland - Cemetery Development and Green Burials. Accordingly, SEPA has removed its earlier objection to the planning application.

5.0 Representations

5.1. There have been no further representations on the planning application.

6.0 Planning Considerations

6.1 Section 6 of the original committee report (Appendix 1) sets out the relevant planning considerations that persuaded the Service that, notwithstanding the objections to the proposal, planning permission should be granted for the development in the proposed location. Paragraph 6.4 explained that because of the Council's role as land owner, developer and the planning authority, it was reasonable to deal with SEPA's objection by the imposition of a planning condition.

6.2 Following the Committee decision in February, that issue is now resolved. While the CAR licensing regime remains in place, the planning considerations have now been addressed, and there are no other material changes in circumstances. Accordingly, we recommend that the application is approved, and the condition previously attached to the recommendation be removed. This allows the Council to decide whether it wishes to proceed to implement the scheme as presented in the application.

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Ian Duguid Team Leader 2621

Approved by

NAME DESIGNATION SIGNATURE

John Gillespie Head Of Community & Regulatory Services

17 288900 289000 289100 289200 289300 289400 289500 289600 289700 289800 289900 290000 290100 290200

Silver Burn 697800 697800

Stepping Stones 697700 697700 Waterfalls Issues

Path

Path 697600 Waterfall 697600 Issues Issues Sks Spr Silver Glen Sks

Issues Path 697500 697500

Car Pk Collects The Bungalow Path Path Issues Ochil Hills Alva House Path

697400 Path 697400 Gardens Woodland Park

Path

Cemetery Iss Sinks Path 697300 26m 697300

M ACL Sheep Dip E A ESCENT Well N CR (dis) ALVA Iss Track Sks S IL V 697200 Issues 697200 E R B

U K

R E

N R I R H G H O D ICK A IE A D S W R R D E D D E L E L I R E S N S R S Drain G O

R A O 21m D V E Drain 288900 289000 289100 289200 289300 289400 289500 289600 289700 289800 289900 290000 290100 290200 697100

10/00264/FULL - Land To The North Of Woodlands House Access Road, Alva Development of a Woodland Burial Cemetery Including Access Road, Turning Circle and Disabled Parking Bays

Development & Environmental Services Ward: Clackmannanshire North OS Grid Ref: NS 89 97 Kilncraigs Greenside Street Date: 0 0.25 0.5 Alloa 8-Feb-2011 Kilometres Scale: 1:5,000 FK10 1EB Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2011. Tel: 01259 450 000 Fax: 01259 727 452 All rights reserved. Ordnance Survey Licence number 100020783. 18 [email protected]

APPENDIX 1

CLACKMANNANSHIRE COUNCIL

Report to Planning Committee

Date of Meeting: 17th February 2011

Subject: Planning Application 10/00264/FULL – Change of Use of Agricultural Land to Woodland Burial Cemetery Including Access Road, Turning Circle and Disabled Parking Bays at Land to the North of Woodlands House Access Road, Alva - Report of Handling

Applicant: Clackmannanshire Council

Prepared by: Keith Johnstone, Principal Planner

Electoral Ward: Clackmannanshire North

6.0 Purpose

6.1. This is a report of handling of the above application for planning permission. The report considers the relevant planning policies in the Development Plan, the representations received from members of the public and consultation responses.

6.2. This assessment has concluded that the proposals comply with the objectives and relevant policies of the Clackmannanshire Local Plan and that there are no other material considerations which would outweigh this position and justify withholding permission. The application is therefore recommended for approval.

6.3. As this planning application has been submitted by Clackmannanshire Council itself, the Council's Appointed Officer is prohibited from making a determination. Accordingly, the application is reported to the Planning Committee for decision.

7.0 Recommendations

7.1. It is recommended that this application is APPROVED subject to the following conditions:

19 1. Before any works start on site, an analysis of the potential risk from the development to ground and surface waters, prepared by a suitably qualified person, shall have been submitted to and approved by the Council, as planning authority in consultation with SEPA. The assessment shall also contain details of the design and location of any proposed mitigation measures and how these measures would be implemented. Thereafter, the development shall be implemented in accordance with the approved details. 2. No burials shall take place at the site until the existing junction at the entrance to the Woodland Park has been upgraded to a specification agreed in advance by the Council as planning and roads authority. 3. Before any works start on site, a scheme of landscaping shall have been submitted to and approved in writing by the Council, as planning authority. It shall include details of; (a) all existing trees to be retained or removed within or adjacent to the site. (b) details of the type, number and location of any new trees, shrubs or hedgerows to be planted within the site. (c) the arrangements for implementation and future maintenance of all planting including the design and location of any fencing or other means of enclosure. Thereafter, the development shall be completed in accordance with the approved details. 4. The proposed access road, parking and turning area and footpath link to the existing public carpark shown on the approved plans shall be completed before the cemetery is brought into use. 5. The surface water drainage within the carpark area shall be designed in accordance with the guidance in "The SUDS Manual (C697)", unless otherwise agreed in writing by the council, as planning authority.

Reasons for Conditions

1. Insufficient details have been submitted with the application and to minimise the risk of pollution. 2. In the interest of road safety. 3. In the interest of visual amenity. 4. In the interests of road safety and to ensure the site meets a satisfactory standard of accessibility. 5. To ensure adequate protection of the water environment.

2.2 Reasons for Decision

1. The proposal would accord with the objectives of the Development Plan.

2. The use of a suitably worded condition could ensure that the risks to the water environment could be satisfactorily addressed having regard to the advice from SEPA.

3. There are no other material considerations that would indicate that the application should be refused. 20 2.3 Section 75 Obligations

None

3.0 Background to the Proposals

3.1 The site comprises part of a field used for grazing located on the north side of the access road to the Woodland Park, Alva. There is an existing field access from the road at the eastern end of the site.

3.2 Permission is sought for change of use of the site to create a woodland burial cemetery. The key features of the proposed site would be:

• to offer a natural burial option as an alternative to the traditional grave with headstone in the Clackmannanshire area

• graves would be laid out in circular groups. A tree would be planted on each grave.

• the cemetery would be managed to eventually create a natural woodland. Only biodegradable materials could be used.

• the low impact approach would also result in lower site preparation and grounds maintenance costs compared with a traditional cemetery.

• the existing access would be widened to provide a surfaced vehicular access to 4 disabled parking spaces, parking for a hearse and a family car and a turning area. The additional parking demand would be met by the car park which serves the Woodland Park located approximately 200 metres to the east. The existing footpath would be upgraded and extended to link the site directly with the car park.

• the frequency of burials is expected to be relatively low. It is anticipated that it could be in the region of 5 per year.

4.0 Consultations

4.1 Roads and Transportation has no objection, subject to the upgrading of the junction of the access road with the A91 and the approval of a traffic management and signage scheme to manage traffic and parking at the woodland park when a funeral is taking place. Comment - Land Services has confirmed that they will ensure measures will be employed to manage traffic and parking demand. The works to upgrade the junction could be satisfactorily regulated using a planning condition.

4.2 Environmental Health have no objections to the proposal.

4.3 SEPA has objected to the application due to the lack of information regarding the potential risk to groundwater. The also confirm that they would regulate the development under the Water Environment (Controlled Activities)(Scotland) Regulations 2005, (CAR Regulations). Comment - A Water Environment Impact Assessment Report was commissioned by Land Services to address the comments and this has been forwarded to SEPA. As a precaution, a planning condition has been attached requiring the approval of the details in consultation with SEPA before works can start on the site. 21 4.4 Scottish Water has advised that they have no objection to the application.

4.5 Alva Community Council was consulted on the application but have not commented on the application.

5.0 Representations

5.1 Two neighbouring properties were notified of this application. It was also advertised in the local press as a Class of Development Which Requires To Be Advertised. Eight objections have been received as a result of this publicity from the following parties:

• Dr Hazel Robertson, 36 Willison Crescent, Tillicoultry (the tenant of the field)

• Moira McEwan, The Gardener's Cottage, Woodland Park, Alva

• Dr Ian Little, The Stables, Woodland Park, Alva

• Danielle Morrison, 83 East Stirling Street, Alva

• Nicola Glennie, 19 Bevan Drive, Alva

• Avril Baker, Alva

• Charles Baker, Alva

• Margaret Cameron, 1 Langour, Devonside

5.2 The main concerns can be summarised as follows:

a) The adequacy of the ground investigation carried out and the risks of pollution to watercourses or land given to wet ground conditions within the site and the existence of a spring. Comment - A Water Environment Impact Assessment Report has been commissioned in response to this issue and the advice from SEPA. The consultant's conclusions demonstrate that the risks to ground water would be sufficiently low to support the principle of the use in land use planning terms although the detailed design would have to be approved by SEPA under the CAR licensing regime. As a precaution, and given the Council's role, a planning condition would also be attached to require details to be approved in consultation with SEPA before works can commence on the site.

b) The increase in traffic would result in increased risks to the safety of other users of the access road to the woodland park. Comment - Roads and Transportation has not objected to the application. The likely frequency of burials would be 5 per year. It is not considered that the increase in traffic would have a sufficiently detrimental impact on the level of road safety for users of the part to justify withholding permission.

c) The proposed parking arrangements would be inadequate and could lead to vehicles parking on the verge or in passing places on the access road. Comment - With the exception of 4 disabled spaces and 22 2 spaces for a hearse and car, parking would be available in the existing public car park at the woodland park. A footpath link would be provided from the site to the car park. Roads and Transportation do not object and Land Services will ensure appropriate measures are employed to manage parking demand generated by the development.

d) The proposals would not be compatible with efforts such as Ochils Landscape Partnership to encourage more people to use the woodland area. Comments - The proposed use is considered to be appropriate in a countryside area; would enhance the environment of the area; and it is not considered that the use would deter access to the woodland park.

e) There is already a cemetery in Alva not far from the site. Comment - The proposed facility is intended to provide an alternative type of burial to the existing cemeteries in Alloa and across Clackmannanshire.

f) The benefits of the proposed woodland burial site would not outweigh the value from the enjoyment and education that animals grazing on this field provides to many visitors to the park. Comment - This would not justify withholding planning permission.

g) The site would not provide a suitable environment due to the proximity to public areas which are subject to anti social behaviour. Comment - It is considered that the location would enjoy a suitable standard of amenity to accommodate the proposed use having regard to the character of the area and the use of the woodland park.

h) Given the general financial constraints on the Council, the costs associated with developing the site are not justified for the likely level of use. Comment - This is not a material planning consideration and does not affect the planning merits of the proposal.

6.0 Planning Considerations

6.1 The application requires to be determined in accordance with the terms of the Development Plan, unless material considerations indicate otherwise.

6.2 The site is located in countryside and within the Ochils Area of Great Landscape Value (AGLV). Local Plan Policy EN18 (Development in the Countryside) indicates that development outwith settlement boundaries will not normally be acceptable unless the activity is dependent on a countryside location and it would respect the character and amenity of the surrounding area. There should also be adequate vehicular and pedestrian access. It is considered that the provision of a woodland burial site would demand a countryside location and therefore the principle of the proposal would be acceptable. The nature and character of the proposed use and the associated creation of a native woodland area would respect and enhance the existing high quality landscape. Policy EN2 (Landscape and Ecology) also applies since the site is within the Ochils AGLV. The policy sets out 3 tests which any proposed development within an AGLV should satisfy, namely:

23 • it is an essential requirement of a suitable countryside activity. Comment - It is considered that the proposed use would satisfy this test.

• where there is a specific need for the development which could not be met in a less sensitive location. Comment - The site was identified as a potential site within the Council's Cemeteries Strategy prepared by Land Services and approved by Council in September 2008. One other site was identified in the document near Muckhart. This site would also be within the Ochils AGLV. The site selection process undertaken as part of the Strategy is considered to provide sufficient evidence that a less sensitive location would not be available.

• the landscape character and scenic interest would not be adversely affected. Comment - The proposal would not have a significant or adverse impact on the landscape quality of the area. The site is enclosed by trees and woodland and the main change would comprise the planting of groups of trees.

The development would satisfy these tests and therefore comply with Policy EN2.

6.3 The development is unlikely to generate a significant increase in the overall traffic and parking demand at the park and Land Services have confirmed that measures would be put in place to manage traffic when burials take place. Roads and Transportation do not object. A footpath will connect the burial ground to the existing car park. It is not considered that the development would result in any significant impacts on road safety or the enjoyment of other users in the woodland park and main access road.

6.4 SEPA has advised that they would regulate the development under the CAR Regulations 2005 which would ensure that the water environment would be satisfactorily protected from any risk from pollution. They have advised that additional information would be required before they can determine if the proposal would meet their regulatory requirements. They have advised that this information is required at the planning stage to assess whether any impact on groundwater may affect the principle of the development going ahead. Given, the developer is the Council in this instance; the land is within its control; the advanced stage in selecting the site; and that consultants have already undertaken an assessment of the water environment at the site; it is considered that these factors present exceptional circumstances to allow the application to be determined subject to a condition which would prevent work commencing until the further details have been approved by the Council as planning authority, in consultation with SEPA. This would not prejudice the outcome of the regulatory process under the CAR Regulations which Land Services are fully aware of. It is therefore considered that there would not be sufficient grounds to withhold permission having regard to the requirements of Local Plan Policy EN15 (Planning and Environmental Protection) and the advice from SEPA and Environmental Health.

6.5 A number of issues have been raised by third parties which are discussed in Section 5.0 above. It is concluded that none of these issues either individually or collectively would outweigh the Development Plan support for the development and justify withholding permission. 24 6.6 The proposal is considered to accord with the Development Plan and subject to the proposed conditions and other relevant regulatory controls it would not result in any adverse impact on the landscape character of the area, the amenity of neighbours and other users of the park or road safety.

7.0 Sustainability Implications

7.1 None

(1) Our Priorities 2008 - 2011 (Please double click on the check box ;)

The area has a positive image and attracts people and businesses ; Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all ; The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

Clackmannanshire Local Plan

8.0 Equalities Impact

8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No ;

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes ;

10.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

None

11.0 Background Papers

25 - Letters of objection

- Consultation Responses

- Council's Cemeteries Strategy 2008

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Keith Johnstone Principal Planner 452614

Approved by

NAME DESIGNATION SIGNATURE

John Gillespie Head Of Community & Regulatory Services

26 THIS PAPER RELATES TO ITEM 7 CLACKMANNANSHIRE COUNCIL ON THE AGENDA

Report to Planning Committee

Date of Meeting: 9th June 2011

Subject: Applications to Partially Relax the Terms of Section 75 Agreement to Allow Supermarket Within Unit 4 of the Extension at Sterling Mills Outlet Village, Moss Road, Tillicoultry

Applicant: ING Lionbrook Property Fund, 60 London Wall, London

Agent: Shepherd and Wedderburn LLP, 1 Exchange Crescent, Conference Square, Edinburgh

Prepared by: Keith Johnstone, Principal Planner

Electoral Ward: Clackmannanshire North

1.0 Purpose

1.1. The purpose of this report is to consider two applications from the owners of Sterling Mills Outlet Village to vary the part of the Section 75 Agreement which regulates the type of retailing that can be carried out at the site, to allow a supermarket comprising 962 square metres of net convenience floorspace within part of the undeveloped extension to the Village which was approved on 30 October 2007 (Ref No 06/00427/FULL).

1.2 The applications have been submitted under Section 75A of the Town and Country Planning (Scotland) Act 1997, as amended. As there are two Section 75 Agreements enforceable on the site at present, the owners have submitted two applications but essentially they are seeking the same outcome. The Council has 2 months to determine the applications and can only approve or refuse the proposed modification as set out in the applications.

1.3. The report examines the applications having regard to:

(a) the purpose of the existing Section 75 restrictions;

(b) the Development Plan position (including the predicted retail impact and sequential test which requires alternative sites to be considered);

(d) the advice from an independent consultant who carried out a review for the Service of the Retail and Sequential Assessment submitted by the applicant;

(e) the information submitted in support of the applications, including the Retail Impact and Sequential Assessment and

(f) the advice from the Council's Roads and Transportation Unit.

2.0 Recommendations

2.1. It is recommended that the Council refuses the applications to vary the existing Section 75 Agreement to allow a supermarket to occupy part of the proposed extension to the Sterling Mills Outlet Village for the following reason:

1. The proposed modification contained in the applications to allow the operation of a supermarket at Sterling Mills Outlet Village would be contrary to the Clackmannanshire Development Plan, and in particular, Policies S1 (Role and Function of Strategic Shopping Centres), S4 (Supermarkets) and S5 (Other Shopping Development) of the Clackmannanshire and Stirling Structure Plan and Policy JOB6 (New Shopping Facilities) of the Clackmannanshire Local Plan, and the relevant guidance in Scottish Planning Policy relating to town centres and retailing by reason of;

(a) the proposed size and scale of the supermarket which would not be commensurate with the size of community to be served and would normally be directed to Alloa town centre to accord with Local Plan Policy JOB 6

(b) the predicted high level of retail impact on existing convenience businesses within Tillicoultry town centre and the consequent adverse impact on the vitality and viability of the town centre, having regard to the conclusions in the report titled "Review of Retail Impact and Sequential Assessment for Proposed Supermarket at Sterling Mills Outlet Centre", Keppie, May 2011.

(c) the potential availability, within a reasonable period of time, of a sequentially preferable alternative site directly adjacent to Tillicoultry town centre, subject to planning consent.

3.0 Background to the Proposals

3.1. Planning permission for Sterling Mills Outlet Village was granted in 1997 (Ref C/97/197). The approval was granted subject to a Section 75 Agreement (1998) which includes a restriction on the type of retail and service uses that could operate from the site. The Agreement also covers the Sterling Furniture site, the owners of which had submitted the above

planning application. The restriction was considered necessary to regulate the development so that the Sterling Furniture/Sterling Mills Retail Complex maintained its function as an out of centre household and personal shopping centre and would not be in direct competition with existing town centres within Clackmannanshire, particularly Tillicoultry Town Centre. The type and range of businesses restricted by the Agreement included use as a supermarket or superstore and the full list is provided in Appendix 1 of this report.

3.2. An application by the owners, ING Lionbrook Property Fund, to extend Sterling Mills to create up to 2,463 square metres of gross retail floorspace. was approved on 30 October 2007 (Ref 06/00427/FULL). The approved Site Plan (see Site Plan in Appendix 2) shows the proposed layout of the extension which comprised 10 shop units. However, the planning permission does not regulate the configuration or size of the individual shop units so a smaller number of larger units could be developed. The planning permission was granted subject to the conclusion of a revised Section 75 Agreement (2007) which extended the same restrictions over the type and range of retailing and services that applies to the original development but also regulated parking management and a Travel Plan. The planning permission has not been implemented to date. The restriction on the types of retail business that could operate was required to ensure the development complied with the relevant retail policies contained in the current Clackmannanshire Development Plan, including Clackmannanshire and Stirling Structure Plan Policy S1 (Role and Function of Strategic Shopping Centres). The Plan defines the role of Sterling Mills as an "Out of Centre Personal Shopping Centre" for a visitor orientated type of shopping.

3.3. On 1st February 2011, new procedures under Section 75A of the Act came into force which allow a party against whom a planning obligation is enforceable, to submit an application to the planning authority to have the obligation modified or discharged. The two Section 75 Agreements relating to Sterling Mills would fall within the definition of “planning obligation“ under the above Act. The authority has 2 months to determine the applications and can only grant or refuse the proposed modifications as submitted. The option of granting the applications subject to conditions is not available. There is a right of appeal to Scottish Ministers against the authority's decision or failure to determine the application.

3.4 The site owners have submitted applications under Section 75A seeking a modification to both of the obligations which regulate the site, to permit an area up to 962 square metres of net convenience retail floorspace to be used for the purposes of a supermarket within the area of the site which has approval for the extension. The two applications are seeking the same outcome. The applicant has stated that the 'existing' and any additional new- build retail floorspace within the Outlet Village would remain restricted by the terms of the existing Section 75 Agreements. Further details of proposals are provided and discussed in Section 5.0 below

4.0 Representations

4.1 The usual publicity and opportunity for third parties to make representations associated with applications for planning permission do not apply to the application procedure under Section 75A. Only parties against whom the obligation is enforceable have to be notified by the authority and have a right to make representations. The 33 current tenants at the Outlet Village and Sterling Furniture, in respect of the 1998 obligation, have been notified by the Service.

4.2 No representations have yet been received as a result of this notification process although representations were received in relation to earlier requests.

5.0 Planning Considerations

5.1 Although the applications are not planning applications, the planning merits or otherwise of the proposed modification needs to be assessed against the relevant provisions of the Development Plan and other planning guidance. This is examined below.

5.2 The applications were accompanied by a Retail Impact and Sequential Assessment (prepared by DPP) dated July 20th 2010. The report examines the retail capacity within the Tillicoultry area, the predicted retail impact of the proposal on existing businesses in Tillicoultry town centre and includes a sequential assessment of alternative sites for a supermarket in the area.

5.3 The Service have received comments from a shopkeeper in Tillicoultry town centre who raised concern that the predicted figures in the applicant's Retail Impact Assessment relating to turnover in existing town centre convenience shops appeared to significantly underestimate actual figures from his experience. He was concerned that the potential retail impact and trade diversion from town centre businesses could be greater than predicted in the Report. In response, a consultant was appointed to provide independent expert advice on the retail impact and sequential assessment, given the specialist nature of this type of assessment and to help satisfy any potential concerns about the robustness of the Service's conclusions. The consultants conclusions have been incorporated into the report below.

5.4 The details submitted in support of the applications indicate that, while there is no guarantee that all of the approved extension will be built, the largest unit (Unit 4) shown on the approved plans for the extension would be let to a food store operator. The Unit measures approximately 1115 square metres in gross floor area (gfa) and the applicant's agent has indicated that the net floorspace used to sell convenience goods would be 962 square metres. The store would mainly serve as a weekly shopping and top up shopping facility within the Tillicoultry and Coalsnaughton area. Comment - A summary of the current Development Plan policy position as it applies to the proposal is provided in Appendix 3 to this report. This concludes that the proposed modifications would be contrary to the strategy and relevant shopping policies in the Development Plan, namely Policies S1, JOB 6, J27 and Proposal SP2.

Structure Plan Policies S4 (Supermarkets) and S5 (Other Shopping Development) sets out the key criteria that would need to be satisfied to provide support for retail development which would fall outwith the Development Plan’s strategy. These are examined and discussed below;

(a) the development would be commensurate in scale with the size of the community to be served - The applicant has stated that the proposed unit would have a gfa of 1115 square metres. Local Plan Policy JOB 6 directs retail developments with a gfa greater than 1000 square metres to Alloa town centre or to the edge of Alloa town centre. The proposal would not accord with Policy JOB 6 and as the proposed floorspace is higher than expected outwith Alloa , it is not considered to be commensurate in scale with the size of the community. The Council’s consultant has also highlighted that the proposed ratio of net floorspace to gross floorspace (962 sqm to 1115 sqm respectively) would be 86% which is unusually high for a mainstream supermarket operator. For example, the ratio for a typical "Tesco Metro" outlet is 54%. If that percentage were to be applied, this would suggest a potential supermarket of nearer 1800 sq metres of gross floorspace. If the ratio does not match the retailer requirements then further adjustments to floorspace may be required and this may result in demand for a larger gross floor area greater than specified in the application. In this regard, it is worth noting that the Traffic Statement submitted in support of the applications refers to the a gross floorspace of 1300 sqm of food retail.

The proposal would not satisfy this criteria.

(b) the development would meet an identifiable deficiency in shopping provision and would not undermine the vitality and viability of town centres in the area. - the Retail Impact assessment submitted with the applications predicts the likely retail impact of the proposal on existing stores. The retail impact is expressed as the percentage reduction in turnover below the average level of a store or centre. The value of the retail impact figures would inform whether the proposal would be likely to undermine the vitality or viability of the town centre. This is considered below;

• The applicant's assessment of the predicted average reduction in turnover in Tillicoultry town centre convenience shops would be 8%. They conclude that the proposal would not result in a significant adverse impact on the vitality and viability of Tillicoultry or any other town centre within Clackmannanshire. Thy highlight that the proposed supermarket would account for approximately a tenth of the total floorspace of Sterling Mills.

• However, the independent Consultant appointed by the Council (the Consultant) has advised that the impact is likely to be more than double at 18% (and 22% for the largest town centre store). This is considered to constitute a significant adverse impact on these existing town centre businesses and the consultant has

advised that this would risk undermining the vitality and viability of the town centre and the applications should therefore be refused. The Consultant considers that the applicant's assessment of retail impact is too low and unrealistic and underestimates the likely diversion of trade diversion to the proposed supermarket form existing town centre businesses. The Consultant also advises that a significant proportion of trade would be diverted from existing supermarkets/ superstores within Alloa where the majority of local residents presently carry out their convenience shopping. While this diversion is not considered to have a significant retail impact on the businesses within Alloa town centre, if the levels of diversion from Alloa were not achieved, this may result in a higher level of trade diversion from businesses in Tillicoultry town centre. The retail impact on other town centres is not considered to be significant.

The proposal would not satisfy this criteria.

(c ) the development has satisfied the sequential approach. - the Sequential Assessment undertaken by the applicant concluded that the proposal meets the sequential test since there is no suitable or available alternative site particularly in or adjacent to Tillicoultry Town Centre. The Development Plan and national policy guidance in Scottish Planning Policy (SPP) require retail proposals to satisfy the sequential test (ie the location should be considered having regard to the availability and suitability of a site in the following order of priority; town centre, edge of centre, other commercial centres identified in the development plan and then accessible out of centre locations.)

Sterling Mills would be classed as an "other commercial centre" and is therefore not a priority location relative to the established town centre in Tillicoultry. The applicant identified and considered 7 potential alternative sites within the catchment in Tillicoultry, comprising 4 sites within the town centre, 1 on the edge of the centre and 2 out of centre. These have all been discounted by the applicant due to the size of the sites and also location, access and the availability of the land. We accept the applicant’s conclusions for 6 of the 7 sites based on the proposed size of store. The exception would be the Community Centre site at Institution Place (referred to as Site 3 in their Report). This is an edge of centre site as it is directly adjacent to the town centre boundary defined in the Local Plan. Their report states that Site 3 would be large enough (unlike any of the potential town centre sites they have identified) but has been discounted for 2 planning reasons, namely;

y the applicant considers that the site is unavailable as it is owned by Clackmannanshire Council and has not been identified as surplus to requirements. Comment - The site is subject to ongoing review and may become made available within a reasonable period. Therefore, this reason would not

be a factor which would justify discounting the site at this time.

y the applicant considers that access for parking and service vehicles would be problematic. Comment - no detailed analysis of the potential access arrangements has been carried out to demonstrate that a suitable access could not be provided to a development on this site and therefore it would obviously be premature to discount the site for this reason.

Our assessment of this issue is that Site 3 identified by the applicant in their assessment represents a potentially more suitable supermarket development opportunity in terms of the sequential test. Specifically, it is located on the edge of Tillicoultry Town Centre and would be preferential in land use planning terms given its potential to regenerate the area by enhancing the vitality and viability of the existing town centre and to result in linked trips by shoppers to other town centre businesses. The Consultant concluded that this site would be ideal for "a small supermarket given its location at the heart of the town and relationship to the existing town centre facilities. It would be likely to have a positive impact on the town centre". It is understood that an agent for an existing convenience store in Tillicoultry has already expressed an interest in the site suggesting the possibility of a replacement store rather than solely an additional store.

The proposal would not satisfy the sequential test nor this criteria.

5.5 In conclusion, the proposal would undermine the vitality and viability of Tillicoultry town centre and would not satisfy the sequential test since a sequentially more suitable site could reasonably exist. Consequently, the proposal would not satisfy the tests set out in Development Plan Policies S4 and S5 to justify an exception to the strategy and policy guidance.

Other Material Considerations

5.6 Scottish Planning Policy, 2010, (SPP) provides national planning policy guidance on town centres and retailing. The most relevant points are;

y The sequential approach should be used to select locations for retail uses including proposals to expand existing developments.

y Applicant should demonstrate that more central options have been thoroughly assessed the impact on existing centres is acceptable.

y Development Plans should identify a network of centres and explain the role of each centre in the network. Any significant changes to the function or role of centres should be addressed through the Development Plan.

y Investments in a centre should be supported where it would not undermine town centres.

Comment - It is considered that our conclusions on the applications are consistent with the relevant objectives and guidance in the SPP.

5.7 The inclusion of a supermarket at Sterling Mills could have an impact on the traffic frequency and patterns which were previously agreed in the assessment of the application for the extension. The applicant was asked to submit a Transportation Statement (TS) to address any potential impact due to the proposed modification on the functioning of the access to the site, Moss Road and parking demand within the site. Roads and Transportation have reviewed the Statement and have offered the following advice;

• the conclusions in the TS are considered to be suitably robust relating to trip generation, the risk of increased congestion on Moss Road and junction capacity. The proposed modification would not be likely to result in any significant additional adverse impact on the surrounding road network.

• a zebra crossing should be considered at the existing pedestrian crossing point opposite Sterling Furniture due to the likely increase in pedestrian demand crossing Moss Road. Comment - The provision of a "zebra" crossing would have to be installed in any case as a condition of the planning permission for the extension.

5.8 The applicant has indicated that the introduction of a supermarket operator would help bolster the existing trade at the Outlet Village helping ensure the long term future and viability of the centre and result in the implementation of the approved plans for an extension to the Outlet Village. Comment - This would not outweigh the Development Plan position having regard to the potential significant adverse impact on the vitality and viability of Tillicoultry town centre which is predicted to arise. There is also no guarantee that beyond a supermarket the applicant would construct the entire extension.

5.9 The applicant has indicated that they have received interest from a food store operator for the unit. Comment - we consider that the sequentially more suitable site could be available within a reasonable period and would be likely to have a positive impact on the vitality and viability of Tillicoultry town centre. As stated above, it is understood that there is also market interest in the sequentially preferred site adjoining the town centre.

Conclusions

5.10 The applications to partially relax the Section 75 Agreement to allow a supermarket to operate at the Outlet Village have been considered on their planning merits having regard to the relevant Development Plan, national policy guidance, the advice from the consultant on retail impact and sequential assessment and advice from Roads and Transportation. The location of a supermarket at Sterling Mills would be contrary to the retail strategy and hierarchy set out in the Development Plan. The proposal would

not satisfy the requirements set out in Policies S4 and S5 which would justify an exception to the hierarchy, principally since the site is not considered to be the sequentially most suitable site, if a supermarket of the proposed size was to locate in the area. The potential economic benefits to the Outlet Village outlined by the applicant have been considered in our analysis but these have to be balanced with the potential adverse impact on Tillicoultry town centre and the objectives and strategy of the Development Plan and SPP to promote and sustain the vitality and viability of town centres. Consequently, we consider that the applications should be refused.

6.0 Sustainability Implications

6.1. The recommendation would accord with the retail strategy in the Clackmannanshire Development Plan which supports the role of town centres for convenience shopping. The potential availability of a sequentially more suitable site would support the vitality and viability of Tillicoultry town centre which would contribute to sustainable economic growth.

7.0 Resource Implications

7.1. Financial Details

7.2. The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes ;

7.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes ;

Staffing

7.4. None

8.0 Exempt Reports

8.1. Is this report exempt? Yes (please detail the reasons for exemption below) No ;

9.0 Declarations

The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities 2008 - 2011 (Please double click on the check box ;)

The area has a positive image and attracts people and businesses ; Our communities are more cohesive and inclusive ; People are better skilled, trained and ready for learning and employment

Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all ; The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

Clackmannanshire Development Plan.

10.0 Equalities Impact

10.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No ;

11.0 Legality

11.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes ;

12.0 Appendices

12.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

Appendix 1 - List of Business Uses restricted by Section 75 Agreement at Sterling Mills Outlet Village.

Appendix 2 - Location Plan

Appendix 3 - Summary of development plan position in relation to the proposed modifications

13.0 Background Papers

13.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered) Yes ; (please list the documents below) No

• Scottish Planning Policy

• Clackmannanshire Development Plan

• Planning Applications C/97/197 and 06/00427/FULL

• Retail Impact and Sequential Assessment Report, DPP, July 2010

• Transportation Statement Relating to Proposed Supermarket Use at Sterling Mills Outlet Village, Tillicoultry, Dougal Baillie Associates, May 2011.

• Review of Retail Impact and Sequential Assessment for Proposed Supermarket at Sterling Mills Outlet Village, Tillicoultry, Keppie, May 2011.

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Keith Johnstone Principal Planner, Extension : 2614 Services to Communities

Approved by

NAME DESIGNATION SIGNATURE

John Gillespie Head of Community & Regulatory Services

APPENDIX 1 - LIST OF BUSINESS USES RESTRICTED BY SECTION 75 AGREEMENT AT STERLING MILLS OUTLET VILLAGE.

Post Office

Hairdresser

Supermarket/Superstore

Baker

Butcher

Fishmonger

Greengrocer

Newsagent

Delicatessen

Chemist/Pharmacy

Bookmaker

Dental Surgery

Optician

Travel Agent

Estate Agent

Drycleaners

Off Licence

Video Hire

Bank

Building Society

APPENDIX 3 - SUMMARY OF DEVELOPMENT PLAN POSITION IN RELATION TO THE PROPOSED MODIFICATIONS

1.1 The proposal is to allow an area of 962 square metres net convenience goods floorspace within Unit 4 of the approved extension to Sterling Mills Outlet Village (ref 06/00427/FULL). Unit 4 has a gross floor area (gfa) of 1115 square metres. The proposed size of the food store would fall within the definition of a supermarket, as defined in the Development Plan.

1.2 Clackmannanshire and Stirling Structure Plan

• Policy S1 (Role and Function of Strategic Shopping Centres) - the policy defines the role of Sterling Mills as an out of centre visitor orientated type of shopping distinct from the personal shopping role of Alloa and Stirling town centres and not any other type of shopping including for convenience shopping. It also states that the defined function and role of the shopping centre will be protected through; the restriction of further out of centre shopping except for that specified in Proposal SP2; and by appropriate improvement or redevelopment initiatives. Comment - the proposal would be contrary to objectives of this Policy since it would alter the defined and distinct function of this shopping centre within the network of centres within Clackmannanshire to the detriment of convenience shopping role of the existing town centre.

• Proposal SP2 (New Shopping Provision) - provides support for the extension of the visitor orientated personal shopping at Sterling Mills which meets the criteria in Policy S5. Comment- the proposal does not accord with this Proposal since it would comprise convenience shopping rather than visitor orientated personal shopping.

• Policy S4 (Supermarkets) - supermarket development will only be supported where; it would be commensurate in scale with the size of the community to be served and will not undermine the vitality and viability of the centres; and the development has satisfied the sequential approach favouring town centres then edge of centre sites then out of centre sites. Comment - we have concluded, for the reasons set out in Section 5.4 of the report, that the proposal would not accord with this Policy.

• Policy S5 (Other Shopping Development) - shopping proposals not explicitly planned for within the above policy framework will only be permitted if a number of criteria can be met. These comprise; a sequential approach has been applied demonstrating no suitable alternative sites are available within the town centre; the applicants have demonstrated that the form and design could not be adapted to make it appropriate for town centre or edge of centre sites; the proposal meets an identifiable deficiency in shopping provision; the applicants have demonstrated that development would not undermine the vitality or viability of town centres; it is within an urban area and accessible by public transport; a retail impact assessment has been

carried out if over 2500 square metres in gfa. Comment - we have concluded, for the reasons set out in Section 5.4 of the report, that the specified criteria have not been met to justify approval as an exception to the Development Plan position.

1.3 Clackmannanshire Local Plan

• Policy JOB6 (New Shopping Provision) - the policy directs retail developments in excess of 1000 square metres gross floor area (gfa) to Alloa Town Centre or an edge of centre site in Alloa if no suitable town centre site exists. The policy directs retail developments below 1000 square metres gfa to Alloa or other town centres in Clackmannanshire as defined by the Local Plan. Retail development on out of centre sites will not be permitted unless it can be demonstrated that no suitable town centre or edge of centre sites exist and the impacts would be acceptable. New shops outside established shopping centres which would significantly detract from the vitality and viability of any town centre will not be permitted. Comment - the proposal would have a minimum gross floor area in excess of the 1000 sqm threshold and would not accord with this Policy. We have concluded, for the reasons set out in Section 5.4 of the report, that the exceptional circumstances set out above have not been satisfied.

• Policy J27 (Sterling Mills Outlet Centre) - the policy covers the Sterling Mills and Sterling Furniture outlets. The Development Guideline provides support for a Phase 2 expansion of personal and household shopping in accordance with Structure Plan Policy S5. The permission for the extension (ref 06/00427/FULL) complies with this policy. Comment - the proposal would be contrary to the terms of this Policy.

1.4 The strategy of the Structure Plan seeks to direct all shopping development to the identified hierarchy of centres as set out in Policy S1. The proposal for a supermarket at Sterling Mills would therefore be contrary to the strategy and Policy S1 as well as Policies JOB6, J27 and Proposal SP2.

1.5 Policies S4 and S5 set out the circumstances where an exception to Development Plan policy framework could be justified. We have concluded that the proposals would not satisfy these circumstances and consequently would be contrary to the Development Plan.