From: Brian Muir [mailto:[email protected]] Sent: 30 April 2015 10:59 To: PLANNING Subject: Angus LDP: Proposed Plan: Representation on behalf of Stewart Milne Homes North Ltd Dear Sir/Madam, We act on behalf of Stewart Milne Homes North Ltd. We attach four documents which, together, form a Representation in relation to the Proposed Plan for the Angus LDP. These documents are: The formal Representation Form (in both WORD and PDF formats, the latter being signed); A Planning Statement, prepared by Muir Smith Evans, which sets out the overall case in support of the representation; A Development Framework, prepared by Optimised Environments (OPEN); and An Accessibility Appraisal, prepared by Fairhurst. Please acknowledged receipt of this submission. I confirm that our client would welcome discussions regarding this Representation. Yours faithfully, Brian Muir [email protected] Muir Smith Evans 203 Bath Street Glasgow G2 4HZ Tel: 0141 221 0316 Fax: 0141 221 8298 www.muirsmithevans.co.uk Muir Smith Evans is the trading name of Muir Smith Evans LLP, Limited Liability Partnership Registered in Scotland No: SO300367 Registered Office: 7 West George Street, Glasgow G2 1BA This e-mail is intended only for the addressee(s) named above and may contain confidential or privileged information. If you are not the named addressee or the person responsible for delivering the message to the named addressee, please be kind enough to telephone us immediately. The contents should not be disclosed to any other person nor copies taken. In the event that any document sent to you by e-mail is altered without our authority or agreement then we shall not be responsible or liable for the consequences of such amendment. If you contact us by e-mail we may store your name and address to facilitate communication. Angus Local Development Plan Proposed Plan February 2015 Land at Clayholes, Carnoustie Representation on behalf of Stewart Milne Homes Planning Statement April 2015 Contents 1. Summary of Submission 1 2. Context 3 3. Relevance of Land at Clayholes 5 4. Key Points from the Development Framework 6 5. Key Points from Accessibility Appraisal 7 6. Other Matters 8 MSE Ref: STEW0036 Date of Issue: April 2015 Muir Smith Evans 203 Bath Street Glasgow G2 4HZ Tel: 0141 221 0316 1. Summary of Submission 1.1 This submission comprises four documents: The formal Representation Form; This document, which sets out the overall case in support of the representation; A Development Framework, prepared by Optimised Environments (OPEN); and An Accessibility Appraisal, prepared by Fairhurst. 1.2 All four documents should be read in relation to each other. 1.3 The case which is set out in this representation can be summarised as follows: The Angus Settlements Landscape Capacity Study, commissioned by Angus Council, subsequently reinforced by the more detailed assessment which is contained within the Development Framework which forms part of this Representation, concludes that the land at Clayholes has significant capacity to accommodate development. A proper analysis of landscape capacity, in the Carnoustie area, therefore supports the allocation of the land at Clayholes for residential development. Notwithstanding this significant and important ‘plus’ factor, the planning authority decided to reject the opportunity of the land at Clayholes for reasons of poor accessibility to the trunk road. (Main Issues Report, November 2012, Page 69, Paragraph 16.) This was a flawed judgement. Trunk road accessibility is good for the Clayholes area (see the Accessibility Appraisal which forms part of this Representation) and is not dependent on the Balmachie Road link to the A92. Trunk road accessibility should therefore not have been considered to be a ‘minus’ factor. This was a flawed judgement and a wrong decision by the planning authority at an important point in the LDP process. Regardless of the Proposed Plan’s stated intention to allocate land at Pitskelly for residential development (C1) (an allocation which has no certainty associated with it and which is currently the subject of a Judicial Review) positive consideration should be given to the merits of the land at Clayholes. Muir Smith Evans 1 1.4 The land at Clayholes: Has significant positive factors in relation to landscape capacity and setting; Integrates well with existing community facilities, in particular at schools and the town centre; and Integrates well with the transportation and road network (it does not need a direct connection to the trunk road, although the left in/left out access from the trunk road to Clayholes may be regarded as a bonus). 1.5 The remainder of this report reviews: The relevant planning context; The relevance of the promoted site; The key points emerging from the development framework prepared by OPEN; and The key points emerging from the accessibility appraisal prepared by Fairhurst. Muir Smith Evans 2 2. Context 2.1 The Angus LDP Proposed Plan (February 2015) contains only one new allocation of a housing site in Carnoustie. The allocation is for land at Pitskelly, and is identified with the reference C1. 2.2 This site was not identified in the version of the Proposed Plan which was placed before a meeting of Angus Council on 11 December 2014. That version of the Proposed Plan contained a proposal to allocate a housing site on land to the west of Carlogie Road, Carnoustie. The minute of the council meeting (item 9 pages 335 – 336) records (at the top of page 336) that councillors proposed, and approved, an amendment which deleted the Carlogie Road allocation and, instead, substituted the Pitskelly allocation. This substitution of one site for the other was undertaken without any request, from Councillors to officers, for advice regarding the merits and demerits of such an action. 2.3 At a meeting of Angus Council the following week (18 December 2014) Councillors, against the advice of officers, approved a related planning application which granted planning permission for residential development on the land at Pitskelly (allocated only a week before, as set out above). 2.4 This decision failed to take into account the findings of the Reporter in the Inquiry into the Finalised Angus Local Plan (now the adopted Local Plan). A copy of the relevant document is attached as Appendix 3 to the committee report for planning application 14/00573/PPPM which was placed before the meeting of Angus Council on 18 December 2014. The author of the committee report summarises (at para 4.1) the Reporter’s findings in relation to the land at Pitskelly. In short, Pitskelly was a poor site for development. Angus Council accepted that judgement at the time. The physical situation has not changed. 2.5 It is a matter of fact that these unusual decisions by Councillors in December 2014 are currently the subject of a Judicial Review. 2.6 Stewart Milne Homes has no locus in the legal proceedings referred to above. However, the circumstances are narrated in order to provide a context for the representations being made on behalf of Stewart Milne Homes in relation to the land at Clayholes, Carnoustie. The publication of the Proposed Plan provides an opportunity for the planning authority to further reflect on the future allocation of residential land in and around Carnoustie, taking into account the proper planning of the area as a whole. Muir Smith Evans 3 2.7 The Proposed Plan sets out the broad housing land supply figures (beginning with the TAYplan SDP) at Table 1 on Page 20. The table shows an SDP requirement for South Angus of 1,120 units and a total plan provision (within the Proposed Plan) up to 2026 of 1,057 units. In line with Government policy, these figures do not, of course, prohibit the LDP allocating land beyond the requirements of the SDP. 2.8 Regardless of the outcome of the legal proceedings in relation to Pitskelly, there is therefore clearly a flexible context within which the planning authority may give further consideration to land at Clayholes. Muir Smith Evans 4 3. Relevance of Land at Clayholes 3.1 It is submitted that the land at Clayholes is worthy of further consideration by the planning authority for some very basic planning reasons. 3.2 Firstly, it sits well in the landscape. For a settlement with the setting of Carnoustie, this is an important factor. Unlike the sites at Carlogie and Pitskelly, there is clear evidence that development on the land at Clayholes could be achieved in a way which respects the landscape, rather than dominates it. 3.3 Secondly, the site offers outstanding accessibility in relation to existing school provision. 3.4 Thirdly, the Clayholes location provides an opportunity, not shared by either Carlogie or Pitskelly, for proper integration with the existing grain and form of Carnoustie. 3.5 In support of the promotion of the land at Clayholes via this representation, two documents have been prepared: A Development Framework prepared by OPEN (dated April 2015); and An Accessibility Appraisal, prepared by Fairhurst (Dated April 2015). 3.6 The next two chapters summarise the key points arising from these documents. Muir Smith Evans 5 4. Key Points from the Development Framework 4.1 Optimised Environments Limited (OPEN) has prepared a Development Framework (April 2015). It is enclosed as a supporting document as part of this Representation. 4.2 The Development Framework notes that the land at Clayholes (being promoted in this Representation) extends to approximately 35 hectares and has the capacity to accommodate approximately 400 new homes, with additional development opportunities for either residential or other appropriate commercial uses. 4.3 The Development Framework notes that the Angus Landscape Capacity Study recognises that the area of land within which Clayholes is set has the greatest capacity to accommodate development in the Carnoustie area.