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Initial Template Agenda Item No 3/2 REGULATORY PANEL: 13 MAY 2021 REPORT BY PLACE DIRECTORATE 21/00093/FURM CORTON A77T FROM BANKFIELD ROUNDABOUT - B7034 JUNCTION AYR SOUTH AYRSHIRE Location Plan This product includes mapping data licensed from Ordnance Survey with permission of the Controller of Her Majesty’s Stationery Office. © Crown copyright and/or database right 2018. All rights reserved. Licenced number 100020765. Summary Planning permission in principle reference number 14/01552/FURM for “mixed use development including residential, office/business floorspace, retail (supermarket and associated petrol filling station), education (primary school), neighbourhood centre including hotel, public house, shop units and community uses, park & ride, footpath bridges over the A77 and associated access arrangements (including a new roundabout on the A77), infrastructure, open space and landscaping” at Corton, SE Ayr was approved in May 2015. Subsequent applications for approval of matters specified in conditions have been issued once the required Section 75 legal agreement was concluded. This current application seeks to vary conditions attached to the planning permission in principle solely to remove the requirement for the A77 overbridge to be designed to accommodate equestrian use. The proposal will mean that the required overbridge will be for pedestrian and cycle traffic. Ayrshire Roads Alliance and Transport Scotland have been consulted on this variation and do not object. No representations have been received. As there are no road safety concerns with the removal of the requirement for equestrian access and the proposal is consistent with the Local Development Plan it is recommended that the Director of Place be granted delegated powers to approve this application subject to conditions and legal agreement. Page | 1 REPORT BY PLACE DIRECTORATE REGULATORY PANEL: 13 MAY 2021 SUBJECT: PLANNING APPLICATION REPORT APPLICATION REF: 21/00093/FURM SITE ADDRESS: CORTON A77T FROM BANKFIELD ROUNDABOUT - B7034 JUNCTION AYR, SOUTH AYRSHIRE DESCRIPTION: FURTHER APPLICATION TO VARY CONDITIONS 8D, 13, 22 AND 28 OF PLANNING PERMISSION IN PRINCIPLE 14/01552/FURM TO DELETE THE REFERENCE TO EQUESTRIAN RECOMMENDATION: THAT THE DIRECTOR OF PLACE BE GRANTED DELEGATED POWERS TO APPROVE THIS APPLICATION SUBJECT TO CONDITIONS AND LEGAL AGREEMENT. APPLICATION REPORT This report fulfils the requirements of Regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. The application is considered in accordance with the Council’s Scheme of Delegation as well as the Procedures for the Handling of Planning Applications, subject to certain restrictions arising directly from the public health measures put in place to deal with the COVID-19 (Coronavirus) pandemic. 1. Proposal: The site is located to the South east of Ayr predominantly to the east side of the A77 trunk road and it has an area of approximately 63 hectares. In the South Ayrshire Local Development Plan the application site lies within the settlement boundary for Ayr and is identified as a housing allocation site (AYR4) for 750 residential units. The application seeks to vary conditions 8D, 13, 22 and 28 of planning permission in principle reference 14/01552/FURM for mixed use development to delete reference to equestrian in respect to overbridge crossing of A77 road. The relevant conditions state: Condition 8D That prior to the submission of the first Application for Matters Specified in Conditions (excluding applications for the advanced infrastructure works shown on page 153 of the Design and Access Statement and for the pedestrian bridge between Maybole Road and the neighbourhood centre), a Development Brief / Design Code for the entire development site and all proposed uses shall have been submitted to, and approved by, the Planning Authority. The required Development Brief and Design Code shall broadly accord with Illustrative Masterplan for Corton (Drawing No 12006-PL-P001-A Rev A. Dated 04.02.14), the Design & Access Statement, the Corton Supporting Information document dated May 2014 and shall incorporate the outcomes of the Design Review process required by this permission. The Development Brief / Design Code shall set out clearly the design standards and criteria to which all subsequent applications shall adhere and shall; a) ….. b) ….. c) …. d) Include the preference for a single walking, cycling and equestrian connection of exceptionally high design quality across the A77 between the neighbourhood centre and the eastern end of Maybole Road rather than two over-bridges not aligned directly to the main pedestrian desire line. The bridge landfall should be well overlooked and integrated into the development. Page | 2 Condition 13 Pedestrian / cycling /equestrian connection to Ayr No development shall take place on site until a scheme for the provision of an overbridge, in compliance with the requirements of Transport Scotland as set out in condition 22 of this permission, has been submitted to and approved by the Planning Authority. The required overbridge shall be constructed prior to the occupation of any of the consented development. The scheme shall include: a) provision for such other agreements (if any) as may be necessary for delivery of the required overbridge; b) provision for walking, cycling and equestrian use; and c) evidence of compliance with the design aspirations for a single high quality pedestrian bridge as set out in the Corton Supporting Information document dated 20th May 2014 in terms of location, siting, design, materials and lighting. Condition 22 Prior to the occupation of any of the consented development the works for an overbridge, suitable for use by pedestrians, cyclists and equestrians, across the A77(T) linking Maybole Road to the Corton site shall be constructed in accordance with a design to be agreed with the Planning Authority in conjunction with Transport Scotland (TS-TRBO), compliant with the DMRB (Design Manual for Roads and Bridges) and ensuring that future maintenance requirements do not affect the free flow of traffic on the A77. Condition 28 Provision shall be made for path connections to adjacent developments by providing a footpath link from Maybole Road to the development including a pedestrian/cycling/equestrian bridge over the A77(T) prior to the occupation of any part of the Corton development. The application seeks to remove the reference to equestrian from each of these conditions. Environmental Impact Assessment: The original application for planning permission in principle was accompanied by an Environmental Impact Assessment (EIA). As this further application does not alter the scale or nature of the development originally applied for, the EIA assessment remains relevant to the development and no further information or procedure in this regard is considered to be required. Significantly contrary: The original application for planning permission in principle was considered to be significantly contrary to the development plan on the basis that it was; a) coming forward prior to a comprehensive masterplan for the wider SE Ayr site being approved by the Council and b) the large scale retail element of the proposal was considered to be significantly contrary to the spatial strategy of the development plan. As this further application relates solely to the nature of the bridge crossing over the A77 and not to either of the above noted matters it is not considered to be significantly contrary. The determination route for a major application of this type is to Regulatory Panel. Notification to the Scottish Ministers: As this particular application relates solely to the nature of the bridge crossing over the A77 and is not therefore considered to be significantly contrary it does not require to be notified to the Scottish Ministers. 2. Consultations: Ayrshire Roads Alliance No objection. Transport Scotland (Trunk Roads) No objection. 3. Submitted Assessments/Reports: In assessing and reporting on a planning application the Council is required to provide details of any report or assessment submitted as set out in Regulation 16, Schedule 2, para. 4 (c) (i) to (iv) of the Development Management Regulations. None. Page | 3 4. S75 Obligations: In assessing and reporting on a planning application the Council is required to provide a summary of the terms of any planning obligation entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of planning permission for the proposed development. There is a Section 75 planning obligation in respect of the Corton development which, in summary, seeks; • To secure the provision of the A77 overbridge • To secure the provision of infrastructure to the edge of the residential, education and neighbourhood centre areas. • To secure the provision of land for a primary school and other related facilities including nursery, playground, playing fields (including a multi-use-games-area and a full size grass football pitch, changing facilities and car park • To secure staged financial contributions towards educational provision on and off site • To secure the provision of affordable housing in accordance with Council policy • To secure the safeguarding of land within the site reasonably required for vehicular and pedestrian access to a rail halt (and related ancillary buildings) capable of serving the wider SE Ayr strategic growth area. • To secure the provision of a commercial bus service to and through
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