Knockroon Learning Campus

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 26 MAY 2017

17/0019/PP: KNOCKROON LEARNING AND ENTERPRISE CAMPUS (APPROXIMATELY 23,000 SQ. METRES GROSS INTERNAL FLOOR AREA), INCORPORATING NURSERY, ADDITIONAL SPECIAL NEEDS, PRIMARY AND SECONDARY SCHOOL BUILDINGS FOR AROUND 2500 PUPILS; COMMUNITY FACILITIES, INDOOR AND OUTDOOR SPORTS PITCHES AND FACILITIES, PLANT, RENEWABLE ENERGY (INCORPORATING BIOMASS BOILER) AND UTILITIES INFRASTRUCTURE, PUBLIC REALM, DRAINAGE AND SUDS, LANDSCAPING, BOUNDARY TREATMENTS AND SECURITY, OPEN SPACE, REMODELLED FOOTBRIDGE, ACCESS, PICK-UP AND DROP-OFF, CAR PARKING, WAYFINDING AND SIGNAGE, EXTERNAL LIGHTING INCLUDING FLOODLIGHTING AND DEMOLITION OF EXISTING BUILDINGS AND STRUCTURES AT BROOMFIELD SPORTS GROUND, AUCHINLECK ROAD, CUMNOCK, EAST AYRSHIRE BY EAST AYRSHIRE COUNCIL

Report by Head of Planning and Economic Development, Economy and Skills

Click for application details: http://eplanning.eastayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=OJQ3JCGF01B00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT

1. The purpose of this report is to present for determination an application for planning permission, to be considered by the Planning Committee under the current scheme of delegation as it is a Major Development as defined by the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009.

. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Development Plan. The appropriate route for a decision on this application is therefore consideration and determination by the Planning Committee as detailed within the Scheme of Delegation.

RECOMMENDATION

2. It is recommended that the application be approved subject to the conditions listed on the attached sheet at Appendix 1 of this report.

CONTRARY DECISION NOTE

3. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane Head of Planning and Economic Development

Note: This document combine’s key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 26 MAY 2017

Report by Head of Planning and Economic Development, Economy and Skills

PURPOSE OF REPORT

2. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Development Plan. The appropriate route for a decision on this application is therefore consideration and determination by the Planning Committee as detailed within the Scheme of Delegation.

APPLICATION DETAILS

Site Description

3. The application total site area covers 19.8 Hectares, This can be subdivided into three distinct components; Broomfield Park comprising of parkland, playing fields, running track and sports pavilion, Underwood Depot and Cumnock Academy. The site is subdivided by the Lugar Water which separates Broomfield Park and Underwood Depot to the North and Cumnock Academy to the south. The setting is urban fringe and is wholly contained within the defined settlement boundary of the town of Cumnock.

4. Broomfield Park – comprising the principle body of the site in which the main built component of the proposal is to be located. This area is characterised by tree fringed, tiered parkland falling towards the Lugar Water. The tiered nature of this area can in turn be separated into three elements, upper, middle and lower plateaus.

5. The upper plateau, to the northern and eastern sides of the parkland, is comprised of 4 no. grass sports pitches, one of which is encircled by a 4-lane running track. This latter pitch and running track is floodlit and is situated adjacent and to the south west of the recent housing development of Terringzean View. The southern edge of the site is bounded by the junction with Underwood Road leading onto the B7083 (Auchinleck Road), the housing development of Terringzean View, Visions Leisure Centre and Cumnock Rugby Football Club (CRFC) which occupies the B Listed Broomfield House. Broomfield sports pavilion is centrally located and is situated to the west of the running track bounding the change in levels between upper and central plateaus. To the north is Underwood Road, on which is situated a single housing unit comprising of two semi-detached cottages. Underwood Road leads to the Scottish Water waste water treatment works and the EAC Transportation Underwood Depot. The demarcation between upper and median plateaus is marked by an obvious change in levels which is fringed with mature trees.

6. The central plateau is situated to the south west and is utilised by 3 no. formal grass sports pitches. The lower plateau is situated to the south east corner on the north bank of the Lugar Water, is grassed and again fringed by mature trees. The general aspect across Broomfield is of open parkland laid out for sports provision, with the landform falling in a generally south westerly direction interspersed and fringed by, mature trees.

7. A pedestrian bridge crossing the Lugar Water links the Broomfield Park area to the Cumnock Academy site to the south. This bridge has a width of 1.6m with steel parapet railings. To the west of the entirety of the site, on either bank of the Lugar Water, is the policies of the A- Listed Dumfries House, these policies are recorded on the Inventory of Historic Gardens and Designed Landscapes.

8. Cumnock Academy – located to the south and across the Lugar Water from Broomfield. The main body of the existing school dates from the late 1960’s with later extensions in the early 1970’s. The inter-connected blocks are generally orientated around a central mass of buildings set around an open internal courtyard with allied subsidiary wings and adjuncts. The blocks range from single to three storeys in height. There is associated car parking, circulation space and a half sized synthetic sports pitch. The general aspect of the school site is of a mass of brick built, generally flat roofed interrelated buildings characteristic of such buildings of the time.

9. Adjacent and to the east of the Cumnock Academy site is a residential property, (previously tied to the school as a former Janitor’s house, although now privately owned), the Riverside Adult Training Centre and Thistle Business Park. To the west is the mature plantation woodland and Bankend Lodge, a private residence and within the area of the designed landscape as previously noted. There is a housing development to the south west comprising Harperbank Grove, a cul-de- sac accessed from the A70 (Ayr Road), with The Cumnock Academy access with the A70 adjacent. Opposite the school access is situated the former Stagecoach bus depot which has recently been subject to purchase by East Ayrshire Council with the intention of redeploying the EAC transportation depot from the Underwood Depot to this site. East Ayrshire Community Hospital is situated to the West of the former Bus Depot with other business and industrial uses to the south and south west of the former Bus Depot.

Proposed Development

10. Planning permission is sought for the erection of a new learning and enterprise campus merging several schools and educational facilities within the Cumnock and Auchinleck area.

 Merging secondary school provision, incorporating Auchinleck Academy and Cumnock Academy plus a Supported Learning Centre.  Merging primary school education incorporating Greenmill Primary School and Early Childhood Centre and Barshare Primary School, Supported Learning Centre and Early Childhood Centre.  Incorporation of Hillside Additional Support Needs School.

11. The projected school roll is approximately 2500 pupils in total with a staffing allocation of circa. 300. The new school will be constructed within the northern portion of the site (Broomfield Park) on the upper plateau of the landform. The linear sweep of the design is a reflection of the landform, with the pronounced change in levels between the upper and median plateau of Broomfield forming the southerly edge of the main campus buildings. This allows Cumnock Academy to remain in use until the new facility is ready for occupation.

12. The new campus will primarily comprise a 4 interlinked blocks, referenced within the submitted information as Blocks AA, AB, AC and BZ from left to right (west to east) in a linear curve. Blocks AA and BZ are two storey whilst the middle blocks AB and AC are three storeys in height.

 Block AA - additional support needs (ASN), early childhood centre (ECC), primary and primary supported learning centre (SLC) through a link housing the main entrance and onto;  Block AB - secondary SLC, secondary, community use areas, dining and assembly areas;  Block AC - secondary classrooms;  Block BZ - sports facilities and community use.

13. The site user strategy utilises the sweep of development to inform progression through the complex of buildings from early childhood and primary, ASN & SLC through secondary and thereafter onto sports provision.

14. Block AA - square footprint of 61 metres by 61 metres with a rectangular courtyard within to serve ECC, main element of the building to be 2 storeys in height, 8.66 metres to eaves and 11.9 metres at maximum ridge height. The roof profile is corrugated with four ridges running east/west. The corrugated sections are split in the north and south facing elevations with single and two storey flat roofed sections. Dedicated entrances to ECC, ASN and the hydro therapy suite are accommodated on the northern elevation with primary pupil entrance to the southern elevation of this block.

15. Block AB is to be linked to Block AA by a 2 storey flat roof section measuring 13 metres in depth by 22.5 metres in width. This linking section provides the main entrance to the building and the proposed community cafe. Block AB is positioned to the south east of Block AA.

16. Block AB is generally rectilinear measuring 36.9 metres wide and between 64.5 metres and 74.1 metres deep, formed from two and three storey elements. The north elevation is to be 3 storeys in height, 13.6 metres to eaves and 16.7 metres at ridge height. This three storey element of the block is 45 metres in depth and will have a series of three corrugated sections following the same east/west grain as Block AA. The southern facing side of the block is two storeys in height and flat roofed. This two storey section acts as the connecting element of the block to the two links either side to Block AA and Block AC respectively.

17. Block AB is to be linked to Block AC by a 2 storey link, measuring 10 metres deep by 9 metres in width and is to be flat roofed.

18. Block AC is again rectangular in footprint measuring 50.9 metres wide by 61 metres deep in a south west – north east orientation. This block is to be 3 storeys in height, 13.9 metres at eaves and 16.7 metres at maximum ridge height. In common with Blocks AA and AB the roof line is broken into corrugations, with four ridged sections. The north and south facing elevations are interspersed by 3 storey flat roofed sections.

19. Block AC is linked to Block BZ by an elevated link at first floor level, which is open at ground level serving the main secondary pupil entrance below at ground level. This link measures 20 metres in depth and 9 metres in width and is again flat roofed.

20. Block BZ is again generally rectilinear in form set in a south west – north east orientation, with a footprint of 49.9 metres in width and a maximum 72.6 metres in depth. This block is to be two storeys in height with a flat roof. This block is to provide the indoor sports facilities and has an external access to allow community use.

21. The layout of the main campus buildings using interconnected blocks in a sweeping linear form, seeks to address design and organisational principals whilst reacting to stakeholder consultations and the context of the site. The linear sweep of buildings reflects the general topography of the site. Separate interconnected blocks provides identity to separate uses and functions within the campus whilst accommodating sharing facilities and activities. This arrangement also considers wider site uses, relationships and facilities e.g. links to necessary parking and access arrangements for ASN in relation to Block AA and relationship of the sports hub in Block BZ with Visions. This approach also aids in reducing the overall mass of the building, avoids exceeding 3 storeys in height and aids in reducing the visual impact of this substantial development in the built context of its urban fringe setting in relation to the town of Cumnock. There is a change in ground levels between the adjacent Terringzean View residential development and the site which further assists in reducing the apparent massing of the buildings in relation to adjacent development. The design of the separate blocks seek to reflect local and historical forms and materials, mindful of the scale of the individual elements that create the building as a whole.

22. External material finishes across the development utilise a palette of colours and finishes across the main sweep of buildings proposed for the site. This provides design integrity and helps to make sense of interconnected blocks creating the campus as a whole. The key external finishes propose the use of light coloured brick in cream and light grey for much of the principal elevations with a dark brick for ground floor plinth areas, dark grey metal work which is applied universally for window, door frames and ancillary trims, reconstituted stone cladding and standing seam metal cladding for all expressed roofs and feature walls, most notably on the south and east elevations of the sports Block BZ. The fenestration is designed to add visual interest whilst meeting natural lighting requirements and is a key design element in the principle elevations of blocks AA, AB and AC. Views of the proposed roofing elevations is varied owing to differing building levels, typically of two and three storeys, allied to corrugations, flat roofed sections and views of the planes of the corrugations.

23. The energy centre, Block CZ, to serve the proposed campus will be situated in a stand-alone situation, located at the western edge of the site, north of the northern car park. This building will house the primary heating system of 2 wood pellet biomass boilers and 2 gas boilers. The principal structure housing the boilers is a flat roofed industrial building, footprint of 12.7 metres width and 23.3 metres length on a generally north–south axis and a parapet height of 7 metres. Wall finishes are typically metal profile cladding with the roof populated by solar panels. In association with the main energy plant building there are 2 no. 5 metres high, 3.2 metres diameter sprinkler tanks, 2 no. 6 metres high, 3.2 metres diameter, hydrant storage tanks, 2 no. 9 metres high, 4 metres in diameter district heating tanks, and 1 no. biomass fuel store at 10.5 metres in height and 5.7 metres in diameter. The biomass system incorporates a 20 metres high flue system, vehicle and equipment store, storage of recycling and waste.

24. Vehicular access to the north part of the site (Broomfield Park area) is from the B7083 Auchinleck Road utilising Underwood Road which currently serves the Scottish Water Waste Water Treatment Works and EAC Transportation Depot. Junction improvements extending into the public road are proposed in addition to works to Underwood Road itself. Access to the south of the site is proposed from the existing access from the A70 (Ayr Road) utilised by Cumnock Academy. Improvements to this junction also include works into the public road. No new direct road access points to either the B7083 (Auchinleck Road) or A70 (Ayr Road) are proposed. A significant number of other road safety improvements to facilitate active travel and safer routes to schools rationales were also subject to consideration beyond the extent of the defined site boundary. Transport Assessment work undertaken in support of the application has been used to inform the application, which in turn, has been subject to scrutiny and consideration by the Ayrshire Roads Alliance as Roads Authority. A largely unabridged consultation response from Ayrshire Roads Alliance is contained within this report, which provides overview, assessment and denoted requirements to secure satisfactory road and road safety improvements to facilitate the proposed development.

25. The proposed northern car park will cover much of the area currently occupied by the EAC Transportation Depot (Underwood Depot). A total of 300 parking spaces is proposed to serve this northern part of the campus with most of these spaces allocated within the main car park, intended to be used by school staff. Drop-off facilities for ASN, Primary SLC and ECC are also provided to the north of this car park. This car park is to be secured by barrier controls. A dedicated drop off area in the front of ASN, block AA, is proposed with space for 5 minibuses and a covered entrance to this specialist facility. In addition there will be 15 accessible spaces, together with taxi drop off, located adjacent and to the north of Block AA. A further 9 accessible places are proposed to the north of Block BZ to serve the sports halls/community use element of this block. External pedestrian access and circulation space is provided from these parking areas to the campus buildings, the situation of which informs the access strategy, circulation of user groups and channelling of users to particular access points serving the buildings.

26. A key element of the transport strategy of the campus is to split vehicle movements to prevent capacities on either of the key routes serving the campus being exceeded. As a result of this strategy, car parking and bus pick-up and drop-off for the majority of pupils is catered for in the southern car park to be located in the area of the current Cumnock Academy site. This also informs a ‘park and stride’ rationale, with access takers encouraged to cross the site via the non-vehicular bridge across the Lugar Water. It should be noted that the main pupil entrances are located on the south elevation of respective buildings – Block AA for primary and below the elevated link between Blocks AC and BZ for secondary pupils which aids this ‘park and stride’ rationale. Parking provision for 225 cars, 10 minibuses and 16 buses/coaches is provided in the south area of the site. Three accessible parking bays are located in association with the southern parking area.

27. In reference to the pedestrian bridge it is proposed to remodel this bridge through replacement of the deck and handrail, increasing the clear width of the bridge to 3m, from the current 1.6m, and increasing the height of the handrail to 1.68m to accommodate both pedestrians and cyclists. It is proposed to retain this structure on the existing parapets.

28. The main body of the school site, including buildings and playgrounds shall be within a secure line, primarily fenced with a 2.4 metre weld panel security fence (proposed in grey). Within this secure line there is further subdivision of security measures according to site factors and includes elements of perimeter softening with hedge planting, ball stop fencing, bespoke fencing and fencing to act as delineation between playgrounds e.g. between ASN and Primary School Playgrounds. The two synthetic sports pitches on the north area of the site will be enclosed by a 2.4 metre high, weld panel security fence (proposed in grey), access to which can be separated from the main secure line of the school allowing for community use subject to programming. The energy centre, Block CZ, is to be set within its own compound with perimeter fencing alternating between 3.1 metres high fronting the Waste Water Treatment Plant and 2.5 metre bounding the car park. The two proposed grassed pitches proposed on the site of the existing Cumnock Academy are to be fenced with a 1.2 metres high bespoke vertical bar fence with a 3 metre high ball catch fence along the southern edge of the southernmost pitch. There is an element of 3 metre high wooden acoustic fencing to the area of this fence, relative to rear gardens of Harperbank Grove adjacent.

29. The grassed wedge of ground on the lower plateau in the south west corner of the Broomfield side between the Lugar Water, the Scottish Water site and Broomfield is separated from the remainder of the Broomfield site by a bunded pipe, fringed by trees. This wedge of ground is proposed to be enhanced for wildlife benefit from the current mown amenity grassland to create a bespoke wildflower meadow and wetland. This retains the open grassed nature of the area whilst enhancing the sites biodiversity value. The river corridor of the Lugar Water dissecting the site remains typically unaffected by the proposal.

30. Planting, including tree removal and protection, is stated as being informed by both the existing mature, well established trees within the site and in recognition of the adjacent Designated Landscape of Dumfries House to the west. The proposal seeks to retain most of the existing mature trees on site to assist in creating a sense of place. The proposal also recognises, and seeks to maintain, the two groupings of trees protected by Tree Preservation Orders (TPO) on the northern edge of the site abutting Terringzean View and in the vicinity of Broomfield House (Cumnock Rugby Football Club).

31. A Tree Survey has been submitted which identifies trees that are in a poor condition which shall be subject to removal in the interests of health and safety. New parkland tree planting is proposed across the site with particular emphasis on both road access points, the edge of the site adjacent to Terringzean View and to intersperse and rejuvenate existing mature parkland tree stands. Other plantings of shrubs, ground covers, ornamental grasses and sensory planting is proposed in relation to playgrounds, courtyards and entrance areas.

32. The supporting documentation submitted by the applicants includes a Pre Application Consultation Report, Community Engagement Report, Planning Statement, Stage 3 Sustainability Strategy, Transport Assessment, Phase 1 Habitat Survey, Technical Ecological Report, Odour Impact Assessment, Noise Impact Assessment, Air Quality Assessment of Emissions from the Energy Centre Plant, Ground Investigation, Geo-environmental and Geo-technical Assessment, Preliminary Risk Assessment (PRA) Land, Historic Environment Desk Based Assessment, Tree Survey, Landscape and Visual Impact Assessment, Levels 1 & 2 Flood Risk Assessment and Site Investigation (Desk) study, Drainage Impact Assessment, and briefing note on Sport Pitch Need and Provision.

33. The Pre Application Consultation (PAC) Report outlines the 12 week statutory consultation process which the applicants undertook prior to the submission of this application. This document states that the public event was advertised in the Cumnock Chronicle on the 7 and 14 September 2016 and also on the Council’s website and that of the relevant schools, with a preview of the exhibition materials at Cumnock Rugby Football Club on the evening of 14 September 2016 with public exhibition thereafter at the Boswell Centre, Auchinleck on 20 September. 2016 and Cumnock Academy Conference Suite, Cumnock on the 21 September 2016. The report advises that representatives of Auchinleck, Cumnock, Logan, Lugar & Cronberry and Ochiltree Community Councils attended across the events. Approximately 227 people attended, of which 64 completed a questionnaire, a further 13 questionnaires were received by post thereafter.

34. The applicants advise that the reaction to the questions posed within the questionnaire were generally supportive. A postcode breakdown of responses not in favour to the development found 59% of these negative responses were from residents of properties adjacent to, and fronting onto the site.

35. Key issues raised included location, transportation, safety community facilities, design and neighbouring properties. A further consultation event was undertaken on the 19th Dec. 2016 in Cumnock, advertised in the Cumnock Chronicle on the 7th Dec. 2016 and on East Ayrshire Council website, attended by 50 members of the public. This latter session was used to provide updated plans and progress updates in relation to feedback and was for information purposes only with no new issues arising to those already raised.

36. It is also noted that a separate formal education consultation process was undertaken, from Thursday 12 February to 7 March 2015. This consultation incorporated a range of public meetings, visits to new build schools elsewhere and community engagement sessions to which invitations to 127 different community groups and organisations were issued. The findings and outcomes of the Education consultation process are summarised in the community Engagement Report, June 2016, by Star Development Group.

CONSULTATIONS & ISSUES RAISED

37. Consultations were pursued on 20 January and again on 1 February 2017. The additional round of consultation, with allied neighbour notification and re- advertisement in the local press, resulted from a formal request by Cumnock Community Council for additional time to allow consideration of the proposed development. Hard copy lodgement of the full application was provided at EAC Rothesay House, EAC Cumnock Service Point and Cumnock Library with a set also delivered to Boswell Community Centre in Auchinleck. Two full sets of hard copy documents and plans were also provided on request, to the Chairman of the Cumnock Community Council.

38. Ayrshire Rivers Trust has not responded to their consultation at the time of writing this report.

39. Scottish Power Energy Networks (SPEN) has no objections. High Voltage (HV) and Low Voltage (LV) underground cables within the vicinity of the proposed development have been identified. SPEN reserves the right to protect and/or deviate apparatus/cables at the applicant’s expense.

The presence of HV and LV underground cables can be highlighted by advisory note to the developer with any works considered necessary thereafter subject to agreement between the applicant and SPEN.

40. East Ayrshire Leisure have no comments.

41. The Scottish Wildlife Trust has not responded at the time of writing this report.

42. Strathclyde Fire and Rescue Service has not responded at the time of writing this report.

Internal fire safety and fire and rescue matters are considered separately through the Building Warrant process.

43. East Ayrshire Council Emergency Planning Service has not responded at the time of writing this report.

Note: this is a non-typical consultee. In verbal discussion on 30 March 2017 with The Ayrshire Civil Contingencies Team who have overarching responsibility for Emergency Planning in North, South and East Ayrshire it, was confirmed that they would have no locus for response to this planning application.

44. East Ayrshire Council Education Service has no objection and have stated the following;

‘The proposed design will be a leading-edge education and community facility with the potential to attract inward investment and population. The proposed design offers state-of-the art learning and teaching facilities; provision for all children and young people, irrespective of any additional support needs, including access to specialist provision and a shared mainstream curriculum from early years through to the senior phase; access to specialist staff and facilities for all learners in the campus and all associated primary schools and a wide range of innovative internal and external spaces for educational and community use including sports facilities that will be amongst the best in the country.’

A further consultation response from the Education Service, as noted below, was supplied in response to queries in relation to campus capacity raised within the representations;

Campus capacity calculations Roll projections for the Knockroon Campus were based on current school roll figures for the catchment schools, birth rates, placing request information and an allocation based on the most up-to-date formula for new housing of 0.1 pupils per house for secondary and 0.33 pupils per house for primary. The formula used for primary pupils of 0.33 is higher than that used in a number of other local authorities, with the exception of East Renfrewshire (0.4) - a formula of 0.15 – 0.2 is closer to the norm. A recent rezoning consultation report confirmed that the formula of 0.33 is over-estimating the potential children coming from new homes which could be partly due to the fact that families moving into new housing are less likely to be completely new to the area and more likely to already be in the catchment area and just moving to a new location. (As an example in the Annanhill related development the number of actual children is closer to 0.1 per new housing unit). There is confidence, therefore, that the campus will have enough room to house the current generation of learners and those still to come.

Staff and pupil numbers projections

Staff numbers will be based on EAC roll related staffing formula for all schools within the campus. Roll projections determined as outlined above informed the area metrics for the Campus i.e. 1633 for the secondary, 517 for the primary, 30 for Hillside, 50 secondary Supported Learning Centre, 30 primary Supported Learning Centre, 120/120 early years. The Early Childhood Centre has been designed so that it can accommodate the Scottish Government’s commitment to an increase of 1140 hours for early years.

Projected roll figures for Additional Support Needs and both Supported Learning Centres cannot be projected as these facilities will contribute to an authority wide provision for young people with additional support needs.

Projected rolls provided for the consultation process in 2015 have been updated and the figures (Table 1) below are based on the actual school rolls including children enrolled for P1 in August 2017. Thereafter these are based on an average P1 intake for August 2018 onwards (which is in fact the same figure as the intake for August 2017).

TABLE 1 Projected School Roll

Projected roll combined Barshare/Greenmill 2017/2018 - 509 2018/2019 - 505 Projected roll for the new primary in the campus. Assuming maximum efficiency the number of classrooms required in the new Campus are noted below. 2019/2020 – 502 – 18 classrooms required 2020/2021 – 497 – 18 classrooms required 2021/2022 – 495 – 18 classrooms required 2022/2023 – 498 – 18 classrooms required Based on these projected figures, there is an average of 38 spaces available for new pupils enrolling. This can vary across stages depending on the structure of the classes set by the Head Teacher to maximise staffing and accommodation efficiency. In addition it should be noted that the primary school has 19 classrooms available which would allow some leeway in terms of class sizes at stages where this is most appropriate. Depending whether 18 or 19 classes are used the capacity of the school can range from 88% to 92%. Projected roll combined Auchinleck/Cumnock 2017/2018 - 1529 2018/2019 - 1547 Projected roll for the new secondary in the campus. 2019/2020 – 1564 2020/2021 – 1626 2021/2022 – 1636 2022/2023 – 1655

The capacity for the school was developed through a space planning analysis to determine the accommodation requirements for each establishment, stage and faculty based on the projected school roll. This determines an overall footprint of the school in line with Scottish Future Trust metrics for school design. The design is therefore actually based on useable spaces for 2510 young people in the secondary, however, timetabling planning and the varying availability of subject staff means the working capacity for the school is calculated on a reduced figure of 1757, which is in line with the Council’s aim of an overall Council occupancy rate of 85% thus retaining a level of potential growth in the school roll beyond the projected figures.

Accounting for population change Further housing developments in Auchinleck and Cumnock and the possibility this brings of increasing the population have been considered and a measured view taken on its impact on the schools.

To date, consents for residential development or applications that are pending consideration indicate 1044 potential new housing units with 770 of these in the area at Auchinleck Road: this is almost 74% of the total number of housing development consents. Planning conditions for the Auchinleck Road development, applied in 2010, stated that a maximum of 250 units could be built by the end of 2017, however, to date only 30 units have been built.

The Records of Scotland (2014 Based Population Projections) published in 2016 show that, over the next 25 years, the population of the southern locality of East Ayrshire, in every category of age group from 0 up to 64 years, is due to decrease: collectively the decrease in these age groups is 16%. Therefore, whilst there may be consents in place for house building, it seems more likely that the build rate will be driven by demands in the market as has been the case with the Auchinleck Road development.

It should also be noted that if there ever is a situation in the future whereby the additional capacity built into the current design is still not sufficient, then the building can be extended. The design team has considered this in their current plans and identified where additional accommodation could be incorporated with no addition to the footprint of the campus currently proposed.

It is considered that the applicant has addressed and accounted for staff and student numbers and has considered population projections. NOTE: East Ayrshire Council Education Service whilst applicant, is a consultee owing to nature and scope of application.

45. East Ayrshire Woodlands has not responded at the time of writing this report.

46. The Coal Authority has no objection to the proposed development subject to appropriate condition(s). The Coal Authority advise it considers that coal mining legacy potentially poses a risk to the proposed development and that further intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site.

The Coal Authority recommends that the Local Planning Authority impose a Planning Condition should planning permission be granted for the proposed development requiring these site investigation works prior to commencement of development.

In the event that the further site investigations confirm the need for remedial works to ensure the safety and stability of the proposed development, this should also be conditioned to ensure that any remedial works identified by the site investigation are undertaken prior to commencement of the development.

A condition should therefore require prior to the commencement of development:

 The submission of a scheme of further intrusive site investigations for approval;  The undertaking of that scheme of intrusive site investigations;  The submission of a report of findings arising from the intrusive site investigations;  The submission of a scheme of remedial works for approval; and  Implementation of those remedial works.

NOTE: The defined Development High Risk Area typically extends across the existing site occupied by Cumnock Academy.

These matters can be secured by condition if Members were to grant permission.

47. East Ayrshire Council Environmental Health (Contaminated Land) Service has no objections and is satisfied with work undertaken in line with requirements under Planning Advice Note 33. Recommended measures to delineate and mitigate exposure to contaminants in the soils in order to render the site fit for purpose are noted, WSP/Parsons Brinkerhoff, Geoenvironmental and Geotechnical Assessment (December 2016), Details of the findings of these further investigations and any remedial actions proposed, should be provided to the Council in the form of a Remediation Strategy, which should be formulated in line with the Councils’ Guidance document “An Introduction to Land Contamination and Development Management”

These matters can be secured by condition if Members were to grant permission.

48. East Ayrshire Council Legal Services had no comment to make.

In the course of the consideration of the application as presented, further review of defined site boundaries led to concern that additional landowner notifications were required. This was brought to the attention of the agent with notification served on two additional parties on the 24th March 2017 with declaration to that effect received from the agent on the 29th March 2017. No response to these additional notifications were subsequently received by the Planning Authority.

49. Sportscotland do not object to the application subject to appropriate conditions(s). Sportscotland notes that the number of pitches will be reduced and as such their guidance recommendation in relation to the number of pitches will not be achieved for a school campus as proposed. However, they note that synthetic playing surface areas provide greater playing capacity and flexibility than grass surfaces, with floodlighting additionally increasing the capacity of these facilities. The 2 proposed synthetic pitches and 2 new grass pitches will provide a mix of surface types and sports uses across the site. The resurfacing of the retained 7-aside pitch will improve the playability of this element. The proposed athletics track will replace that existing at the site. Taken in combination; the pitch and track developments are considered to maintain overall playing capacity at the site in accordance with SPP paragraph 226.

Sportscotland were supplied with programming details by the applicant for the proposed use of the pitches, which was deemed acceptable in relation to how users will be accommodated. Sportscotland advocate the use of planning conditions to secure the external sports pitch provision. These matters can be secured by condition if Members were to grant permission.

Sportscotland also provided comment on indoor sports facilities for which they have no statutory remit, such guidance being advisory. Programming of indoor facilities was considered as there is minimal provision for all of the school elements according to Sportscotland guidance. Shared use of facilities with Visions is noted which will help to address such provision.

Matters in relation to pitch provision can be secured by planning conditions if Members were to grant permission.

50. Scottish Environment Protection Agency the initial response from SEPA objected to the application on the grounds of flood risk and the lack of information. Specific matters included:

 Issues of land raising within the functional floodplain in relation to the synthetic rugby/football pitch on the north side of the Lugar Water  Clarification of the soffit level of the new bridge crossing the Lugar Water to be no less than the current bridge, and,  Confirmation of the route of proposed culvert detour and confirmation of the inspection and maintenance regime of this culvert by Terringzean View.

Other matters raised, although not subject to objection, were consideration of the waste registration of the Underwood Depot, introduction of an odour sensitive receptor in relation to the Cumnock sludge treatment centre, air quality in relation to the proposed biomass plant, SUDS, waste produced by the development, flooding and impacts to the water environment. Through correspondence the agent addressed the points of objection raised by SEPA as follows:

 Synthetic sports pitches – to achieve Sportscotland pitch requirements with regards evenness of pitches in association with drainage provision there will be some localised pockets of land raising however this is balanced by elements of land lowering directly adjacent through the overall pitch levelling exercise.  The soffit level of the replacement bridge will be at the same level or higher than the existing bridge.  The culvert has no building constructed directly over the culvert at ground level as the building at this point is an elevated section forming a link bridge with 4m level difference between ground level and soffit.

A final response from SEPA formally removed their objection as information was provided and as noted above addressed all points of objection.

The SEPA objection as was initially lodged has therefore been formally withdrawn. In addressing the points of objection from SEPA, no significant material planning issues are considered to accrue, mindful that revised landscaping plans were lodged as amended plans to ensure topographical conformity across plans received. Matters in relation to the flooding issue points raised by SEPA can be secured by condition if Members were to grant permission.

51. Scottish Gas Networks has no objections but note the presence of a low/medium/intermediate pressure gas mains in the proximity of the site. Minimum set-back distances are advised between the gas mains and any development.

52. Cumnock Community Council object to the proposal. The Community Council made formal request to extend the formal consultation period and requested hard copy of the full application for the benefit of the Community Council. It was also requested that additional full paper copies of the proposed development were to be lodged at locations in both Auchinleck and Cumnock.

All of these matters were agreed to, and undertaken by Planning Authority.

The consultation period was extended with corresponding re-consultation and neighbour notification. Hard copies of the proposal were provided for the benefit of the Community Council and were lodged at both Rothesay House, Cumnock and the Boswell centre, Auchinleck.

The Community Council advised that their consultation response was informed by an open public event held in Cumnock Town Hall on the 20th February from 10:00 to 20:00. An exit poll was undertaken noting 14.5% in favour of the plans as submitted with 85.5% against. This was informed by two tick sheets, included with the consultation response, indicating 21 ticks in favour and 123 ticks against, indicating a total poll of 144. No opportunity for a neutral position was provided. In addition to this exercise, 83 comments were left with the Community Council by those attending the event. These comments were presented as a component of the Community Council response and generally included the name and postcode of the contributor.

In consideration of the 83 individual comments collated and as submitted by the Community Council (to clarify these are separate to the 84 individual representations lodged via the representation process) informing their submission, these were not necessarily categorised as supporting, objecting or neutral in context. Of those that provided addresses, the greater proportion of such were in geographical proximity to the development site. It is considered that the formal stance of objection from the Community Council was informed through the use of the tally sheet albeit omitting the neutral option.

For the avoidance of duplication matters raised by individual contributions have been reflected within third party representations received to allow consideration. It is also noted that a number of individuals have made representation directly as well as contributing to the Community Council response.

53. Cumnock and Doon Access Panel has not responded at the time of writing this report.

54. East Ayrshire Council Environmental Health Service has no objections. A number of points to address and comments were offered;

1. Whilst the preferred option of this Service (and that of the Scottish Government through advice given to this Service by the Scottish Government Air Quality Policy Manager) would be for the heating system for the premises to be gas powered only due to the potential adverse health effects of particulates (PM10 and under.) associated with biomass combustion, it is suggested that emissions from the biomass plant, if operated in accordance with the manufacturers emissions test certificates, will not give rise to exceedances of the annual air quality objectives. It is recommended that a Condition be applied to any Planning Consent granted requiring a programme of monitoring of the impacts of emissions to be implemented, this monitoring programme to be agreed with the Planning Service in consultation with Environmental Health (Further to the above it is also the opinion of this Service that odour emissions generated as a result of the installation of a biomass system are unlikely to give rise to complaint, again with the proviso that the plant is operated in compliance with the manufacturer’s emissions test certificates)

2. It is noted that the documentation supporting the application does not include air quality impact assessments for the construction phase (with particular reference to potential dust emissions and their control, and vehicular and plant emissions). This should be considered by the applicant, but it may be appropriate to have this provided following grant of Consent but preceding commencement of development. This will allow the developer to assess the construction methodology, including plant and equipment to be used on site, and to prepare a Dust Mitigation Strategy to deal with dust emissions from the construction phase. It is further recommended that this Strategy include, but not be limited to, potential impacts on those properties being in closest proximity to the development site, including the former janitor’s house at the present Cumnock Academy site which has the potential to be affected by the demolition of the existing school.

3.The impact of traffic increases on air quality caused by the operation of the campus should be modelled. This will allow the developer to prepare, for implementation, a traffic management strategy designed to minimise air quality impacts from traffic and its cumulative effects with biomass emissions.

4.It is noted that the documentation supporting the application does not include a noise and vibration impact assessment for the demolition and construction phases of the development. This should be provided by the applicant, but it may be appropriate to have this provided following grant of Consent but preceding commencement of development. This will allow the developer to assess the construction methodology, including plant and equipment to be used on site, and to prepare a Noise Mitigation Strategy to deal with emissions and to prepare a Site Management Plan detailing, inter alia, hours of work, permitted times for vehicular movements to, from and within the site and to consider potential impacts from such work as piling operations, for example. Particular cognisance should be paid within any assessment to the close proximity to the development of the property noted at item (2) above, and to the properties at Terringzean View and Underwood Road.

5.Notwithstanding the lack of a Noise Impact Assessment as outlined at item (4) above), the hours of construction should be limited to 8am – 6pm Monday-Friday and 8am – 1pm on Saturdays, with no work audible at the site boundary on Sundays. In addition, measures should be put in place to prevent vehicles gathering at or near the development site outwith these hours, to minimise noise impacts and preserve residential amenity.

6.All lighting associated with the development, both during construction and subsequent operating life of the campus, should be so designed and installed as to prevent light spill into nearby residential properties or onto highways, to preserve residential amenity and protect road safety.

7. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning.

8 All drainage should be completed to the satisfaction of SEPA and/or Scottish Water.

9. The premises will require to be registered with this office as a food business. The Food/Health & Safety Team have no objections to this planning application. A condition should be attached to any Consent to ensure that this Service is notified in advance of commencement of works in order that advice can be provided to ensure compliance with Food Hygiene Regulations.

Given the proximity to residential/sensitive properties, impacts arising from demolition and construction phases require further consideration. These matters can be addressed by planning condition, if Members were to grant permission.

In consideration of working hours, as with other developments in proximity to residential areas/sensitive receptors, the starting time of 8am is considered appropriate and can be secured by planning condition, if Members were to grant permission.

The matter of floodlighting on the site can be addressed mindful that there may be considered to be betterment achieved through greater separation distance and intervening screening by virtue of the campus buildings from the current situation with regards floodlighting and neighbouring properties, most notably at Terringzean View. Both pitch floodlighting and external lighting can be addressed by planning condition if Members were to grant permission. External lighting provision generally, through construction/demolition phases and upon completion, require further consideration owing to proximity of receptors, and can be achieved by planning condition if Members choose to grant permission.

The later points raised are matters which the Environmental Health Service can address by way of their own legislation although for informative purposes they, and the final point regarding food businesses, can be incorporated as advisory notes if Members choose to grant permission. SEPA and Scottish Water have also been consulted. Scottish Water has not objected to the application whilst the initial objection lodged by SEPA has been withdrawn with no outstanding objection.

Air quality and emissions, including odour management mitigation, can be addressed by planning condition if Members were to grant permission. Matters relative to the appropriate operation of the biomass system are matters which Environmental Health can control under their own statutory provisions.

55. East Ayrshire Council Outdoor Services has not responded at time of writing this report.

56. Ayrshire Roads Alliance (ARA) has no objections.

Given the complexity, nature and extent of site access and road safety requirements both within the site boundary, and in relation to wider road safety matters accruing from the development such as consideration of ‘Safer Routes to School’ the following ARA consultation response is retained in a largely unabridged format:

‘ARA as the Roads Authority have taken into account initial Transport Assessment work undertaken by Capita followed by WSP setting out details of the specific transportation matters accompanying the site planning application. The initial Capita Transport Assessment identified the need for a site which could realistically be served by a twin access solution to ensure that peak hour access and traffic did not overload specific Critical Junctions.

In terms of road requirements this work identified the Broomfield Playing Field Site combined with the Existing Cumnock Academy School Site as the only likely single site within the Cumnock and Auchinleck Area that could realistically provide the footprint required for a 2500 Pupil Campus and the necessary staff and provide a satisfactory twin access solution.

The majority of the Campus is proposed to be located on the Broomfield Playing Fields, with the main Transport Hub and an element of sports facilities located on the Cumnock Academy Site.

The Transport Assessment therefore considered access to the subject Site at 2 main locations, each containing a car park:

Northern Access via Underwood Road catering for;  All staff movements.  Parental and specialist pick up and drop off associated with the supported learning centre.  Parental and specialist pick up and drop off associated with early childhood centre.

Potential Business Starter Units as identified in earlier consultation phases are not subject to application nor consideration as they are not included within the application under consideration. Southern Access via A70 Ayr Rd catering for;  Parental pick up and drop off for primary and secondary schools.  All School Transport provision for Primary and Secondary Schools.

Pedestrian access to the School Campus from the Southern Access is intended via an upgraded pedestrian footbridge over the Lugar Water that will also be designed to accommodate Cycles. Pedestrian access to the School Campus from the Northern Access is proposed via a segregated pedestrian access point from Auchinleck Rd.

A safe route to school assessment was undertaken together with a review of sustainable modes of accessibility to the proposed campus. A series of recommendations for providing safer routes to school was developed. These measures other than at the main access junctions are all outwith the application boundary.

Northern Access Junction: Various options were considered for this junction and the Cherrytrees Roundabout, which because of its location in relation to the Underwood Access could not be considered in isolation. Of the Junction types tested, a linked Signalised Layout offered the most suitable arrangement which also best provided for the needs of pedestrians. The proposed layout to be provided is as indicated in the WSP Transport Assessment Addendum Figure 4.1.

The land required for these Junction Improvements are within the Redline application boundary.

Southern Access Junction: As with the Northern Access, various options were considered for this access, and a Signalised Layout offered the most satisfactory arrangement. The southern access is therefore proposed via a signalised junction with the A70 Ayr Rd in the vicinity of the existing vehicular access to Cumnock Academy. The proposed Access includes flared approaches and a relocated pedestrian crossing closer to Hearth Rd. This proposal tested is as indicated in the WSP Transport Assessment the Addendum Figure 4.2 and was shown to work satisfactorily. However notwithstanding this and after a meeting with some of the Local Business Owners who access their premises via the Bus Depot Access Rd it was decided to further improve this junction by widening into the former Bus depot Site and extending the widening to the Bus Depot Access Rd.

Although this land is not all within the application Site the majority of the additional land required is owned by the Council and it is intended to acquire additional land to deliver the proposed road improvements. For the purpose of the Application and any Consent minded to be granted, these areas would require to form part of The Contractors Site Works. Site Wide Transportation Facilities. Northern Area: Underwood Road provides access to;  A one way public transport pick up / drop off area including accessible parking and motorcycle parking provision, with infrastructure to be provided for future barrier system if necessary.  A small public car park / drop off area specifically for early childhood and supported learning needs which will be controlled by a barrier system.  A secure staff car park which will be controlled by a secure barrier system.  Service access to the Waste and Energy Centre.  Service access to the Campus Kitchen.  Service Access to the Ayrshire Woodland Compound.  Access to Scottish Water Facilities which will be Barrier Controlled and additional visitor parking provision protected by Bollard provision within Scottish Water Land.

Within the Northern Area separate Footways and Cycleways will be provided from both the Auchinleck Road and the main car parking and drop off facilities within the Campus Perimeter to ensure Pedestrian and Cyclist Safety. These links are as indicated within the WSP Transport Assessment Addendum Fig 5.1. 105 Secure Covered Cycle spaces would be provided which is in accordance with the BREEM Requirements and would be considered acceptable. All Specialist Public Transport associated with the Early Childhood Centre and Supported Learning needs and additionally Accessible Public Spaces and Secure Motorcycle Parking will be accessed via the one way public transport link with Infrastructure provided for a future barrier system if necessary. The provision is in line with previously agreed guidelines and would be considered satisfactory. The general layout is as indicated in Fig 5.2 of the aforementioned report. West of the Northern Public Transport Area is the Main Staff Parking including a small drop off area for parental access to the early childhood centre and supported learning centre. These areas are proposed to be barrier controlled to ensure no misuse. The general layout is as indicated within Fig 5.3 of the TA Addendum. The Provision is in line with previous discussions with ARA and would be considered satisfactory. Service access to the Campus Kitchen, Waste and Energy Centre and the Ayrshire Woodland Compound would also be taken from the Northern Underwood Road Access. None of these provisions would be expected to cause any undue concern. Southern Area: The southern car park and public transport hub are accessed via the A70 Ayr Road Junction. This main area comprises;  The general pick up and drop off parking provision for all Primary and secondary School Pupils. Accessible Parking (Associated with adjacent sports pitches).  Motorcycle Parking.  The main Campus Public Transport Hub including all Minibuses, Coaches and Taxis.

Following further discussions with the Transport Consultant it was decided that the Accessible Space requirement (12 No.) would be further subdivided between the Main Southern Car Park with 3 No. providing access to the Sports Facilities and 9 No. accessed via the Visions car park on Auchinleck Rd which would be closer to the School Campus proper. The Public Parking is accessed via a signalised junction with Ayr Rd. The car park is segregated from the main public transport hub and includes pedestrian footways between parking aisles to guide pedestrians and assist safety. Accessible parking and motorcycle parking is provided at the northern end of the car park to ensure these are as close to the new Campus as possible. As previously mentioned the balance of Accessible Parking required would be provided via the Visions Car Park and accessed from Auchinleck Rd. This would ensure that it was as close to the New Campus as is reasonably practicable. This is as indicated with Figs 5.6 and 5.7 of the TA Addendum respectively. The main Public Transport Hub will also be accessed as above and segregated from the main car park. The Hub incorporates 16 Coach Parking Spaces as previously advised and requested by ARA with a roundabout turning area at the northern end. The roundabout provides access to the mini bus pick up / drop off area, together with access to the former Janitors House and Riverside Centre. Safe pedestrian and cycle provision will be provided from both sides of the Ayr Road access Junction onto the site. A Controlled Crossing will be provided across the Site Access. All Main Servicing Routes and Campus Transport Routes associated with both of the proposed Northern and Southern Access locations have been fully examined for Vehicle Swept Path compatibility and these requirements have informed the detailed design of all the major transport requirements. In general and as previously mentioned, the above access Junctions associated with the Northern and Southern Access and all necessary associated works are within the Redline of the Planning Application Boundary and these previously identified works would be carried out by the Main Contractor under any Consent minded to be granted for the proposed School Campus. The new footbridge to be provided over the Lugar Water to connect the Southern Car Park and Main Transport Hub to the Campus should be constructed to ensure the relevant Accessibility Criteria is adhered to and a minimum width of 3.0 m will require to be provided to allow it to be designated as a combined footway/cycleway connection with access/egress ramps meeting all relevant gradient criteria. Safe Route to School Assessment: As previously highlighted a safe route to school assessment was undertaken together with a review of sustainable modes of accessibility to the proposed campus. A series of recommendations for providing safer routes to school was developed. These measures other than at the main access junctions are all outwith the Redline Application Site, and will require to be subject to separate conditions.

Off-site improvements will require to be secured to ensure that suitable Safe Accessible Routes to School can be delivered as part of the proposed School Campus. These works comprise the following; 1. Re-location of the existing Pelican Crossing on Ayr Rd in the vicinity of the Cumnock Academy Access to a position closer to Hearth Rd. This crossing facility will be upgraded to a Puffin. (Full UTC functionality will be required.)

2. New Puffin crossing to be provided to the west of Lugar Bridge. (Full UTC functionality will be required.)

3. A School Crossing Patroller will be maintained at Townhead St / Gorbals Bridge / Glaisnock St.

4. Localised footway widening to 2 metres on the bend adjacent to rugby club on Auchinleck Rd will be required. A small strip of land currently within the ownership of the rugby club will be required to deliver this improvement.

5. Bus Stop relocation will be required to the current bus stop immediately to the east of Holmhead on Auchinleck Rd, incorporating Tactiles and Bus Boarder Kerbs. A suitable position for this will require to be agreed between ARA, SPT and Police Scotland respectively.

6. The small footway dip outside No 37 Auchinleck Rd will require to be regraded.

7. 5 No additional Speed Tables or alternative Traffic Calming proposals will be required on Auchinleck Rd between Lugar Bridge and the Rugby Club to ensure that the Road layout over this length satisfies the necessary criteria to allow a full time 20mph School Safety Zone to be enforced.

8. Dropped pedestrian crossing facilities will be required on both sides of Hearth Rd at its junction with Ayr Rd.

9. A Stainless Steel balustrade extension to the Sandstone Boundary Wall along 1 Auchinleck Rd will be necessary to meet a 1.2m minimum height criteria to address extant road safety concerns. The balustrade will require to be similar to that installed across both Wing Walls of Lugar Bridge.

10. A new permanent 20MPH School Safety Zone will require to be implemented on Auchinleck Rd between the current entrance into the Knockroon Residential Site at the Kirk’s Alarm and Lugar Bridge.

11. A footway nib will be required at the corner of Auchinleck Rd and Holmside to widen out the footway on approach to the Holmside crossing point.

12. Improved pedestrian dropped kerb crossing facilities will be required across Holmside at its junction with Auchinleck Rd.

13. Improved pedestrian dropped Kerb crossing facilities will be required across the access road to Woodroad Park at its junction with Auchinleck Rd.

14. Improved pedestrian dropped kerb crossing facility on Auchinleck Rd on the south side of the entrance to the Cumnock Rugby Club.

15. Upgrade Existing Signals and Pelicans / Puffins within Cumnock to ensure complete UTC Functionality. 3 No junctions. 4 No Pelicans / Puffins.

16. 3 No improved pedestrian dropped crossing facilities at Auchinleck Rd in the vicinity of Auchinleck Burn.

17. Texture flex surface treatment will be required to Bridgend Garage main access and egress points on the western footway of Auchinleck Rd to ensure pedestrian conspicuity.

18. The existing substandard footway along Auchinleck Rd between Auchinleck and Cumnock is not currently suitable to sustain and encourage travel by active means between Auchinleck and Cumnock. This will require to be upgraded and widened out to provide a 3m Shared Footway / Cycleway. Generally the existing footway along this section varies between 0.9 m and 1.6 m. Along its length the current adopted road is bordered by 2 Land Owners - the Marquis of Bute, as owner of the residue of Dumfries Estates and Dumfries Farming and Land Limited as owners of the Knockroon residential site. Discussions with the relevant Landowners to acquire the land likely necessary to allow a combined 3.0 m footway / cycleway to be constructed are ongoing in consultation with EAC Legal and Estates Teams. The initial section of this footway immediately to the north of the proposed new Underwood Traffic Signal Controlled Junction and extending to the main Knockroon Residential Site Access at The Kirk’s Alarm will be carried out by the Contractor to the Dumfries Farming and Land Limited. Initially as part of the RCC associated with the Knockroon Residential Development, Auchinleck Rd was proposed to be narrowed down to 6.0 metres from its current width of 6.5-7.0 metres. However given the increased significance of Auchinleck Rd as a Traffic Distributer and following further discussions with Dumfries Farming and Land Limited, the Knockroon RCC has been altered to ensure the existing Auchinleck Road width remains unaffected.

19. The combined footway / cycleway will require to be lit along its length and be constructed with bollards at 10 metre centres installed at 350mm from the edge of the carriageway.

20. A package of Traffic Regulation Order proposals will be identified to ensure that Access and Egress to the Campus, and On-street parking in the vicinity of the Campus is adequately controlled. The Traffic Orders necessary to progress these regulations will be prepared and implemented prior to the Campus opening where possible.

Junction and Network Analysis: With regards to Trip Generation and Distribution, the methodology to be used was scoped with ARA and agreement obtained prior to commencement of the Assessment Analysis. A Travel Survey of all Pupils and Staff was initially carried out to determine all likely movements to and from the proposed Campus. The Car Parking Scenario previously discussed under Sustainability and Sustainable Transport Options above was used as a basis to determine the Origin / Destination for anticipated trips. The information with regards to Base Network Flows was gathered from Traffic Surveys carried out on Tuesday 25th November 2014 and Thursday 12th February 2015. The Traffic Survey information was factored to a design year of 2019 using TEMPRO Growth Factors. All Predicted Traffic Flows associated with the previously Committed Developments at the consented Knockroon Residential Site and Rigg Rd Site were added to the Design Year Flows. The proposed Development Generated Trips were then added accordingly. All Junctions requested to be considered at Scoping were instructed to be fully analysed by the appropriate industry standard software regardless of any 2-way percentage impact assessment value. The generally accepted performance indicator with regards to traffic capacity at road junctions is the ratio of Flow to Capacity (RFC). A given movement will reach capacity as the RFC value approaches 1.0: however a figure of 0.85-0.9 is commonly adopted as a limiting RFC value, to allow for variations in daily traffic demand. Additionally for the 2 main access Junctions to the proposed School Campus and the Cherrytrees Junction, (which cannot be considered in Isolation from Underwood Rd) the Transport Consultant was instructed to consider all possible forms of Junction Control available to deliver the best solution possible, both in terms of Traffic Capacity and Pedestrian Safety with all sustainable modes of Active Travel also considered. The following Junctions were therefore fully analysed as part of the Transport Assessment: B7083 Auchinleck Rd / Underwood Rd (Priority Junction)-This Junction was tested as a Priority Junction, Signalised Junction and Roundabout. The only arrangement that was shown to operate within desirable maximum operational capacity levels whilst adequately addressing the needs of all Active Travel Users specifically was a Traffic Signal Controlled Junction Arrangement as indicated in the TA Addendum Fig 4.1 This layout would require full Road Construction Consent, (RCC) approvals. B7083 Auchinleck Rd / Holmhead Rd / Terringzean View ( Mini- Roundabout)- As above this Junction was also tested as a Priority Junction, Signalised Junction and Mini Roundabout. Again the only arrangement that operated within desirable maximum operational capacity levels whilst adequately catering for the needs of all pedestrians was shown to be a signalised junction arrangement also as indicated in the TA Addendum Fig 4.1. Due to the close proximity of this Junction to the Underwood Junction above, (and the fact that the Cumnock Junctions will be further conditioned to ensure that they will all be brought under Wi-Fi UTC control) these junctions were therefore further tested with linked Signal Software which identified that the proposed arrangement would be considered satisfactory. As for 1 above, this combined linked Traffic Signal arrangement would require full RCC approvals.

B7083 Auchinleck Rd / Visions Leisure Centre Access (Priority Junction) - The analysis indicated that this priority junction arrangement would operate well within desirable maximum operational capacity levels during both the critical peak periods and would therefore be considered satisfactory.

A70 Tanyard / A70 Barrhill Rd / B7083 Lugar St (Signalised Junction) – The analysis initially indicated that this junction would operate beyond maximum operational capacity levels in both the critical AM and PM Peak Periods. Various additional scenarios were considered to improve the capacity at this critical Traffic Signal Controlled Junction. By using a small area of Land which is believed to be currently under EAC Ownership in the south west corner of the junction the street furniture positioned on this corner could then be re-located. This would allow improvements to vehicle swept paths and altered Junction Staging initiated with the left turn on the A70 Tanyard operating as a Filter in advance of a full green and running with the preceding B7083 Lugar Bridge Stage. These improvements would allow the junction to operate within desirable maximum operational capacity levels. Additionally they would provide scope for further improvements as and when necessary if all the previously consented development and Cumnock Local Plan allocations came to fruition. The arrangement required initially would be as indicated within the Capita Transport Assessment Fig 6.17 with further information provided within Fig 6.18. This would therefore be considered satisfactory.

A70 Ayr Rd / A70 New Bridge St / B7046 Ayr Rd (Mini Roundabout) – The analysis indicates that this mini roundabout would operate well within desirable maximum operational capacity levels during both the critical peak periods and would therefore be considered as satisfactory.

A70 Ayr Rd / Cumnock Academy Access (Priority Junction) – As for the Northern Campus Access, this proposed Southern Access Location was tested as a priority Junction, Signalised Junction and Roundabout to establish which means of control allowed the junction to operate within desirable operational maximum capacity levels whilst ensuring adequate crossing facilities to address the requirements of Pedestrian and Cyclists. The only arrangement which demonstrated adequate capacity reserves whilst addressing pedestrian needs was a Traffic Signal Arrangement as previously discussed and identified within page 2 of this report and within the TA Addendum Fig 4.2. This proposal would be expanded and improved as part of the RCC to take account of further discussions held with some of Business owners of the Bus Dept Access Rd. This arrangement would therefore be considered satisfactory.

Townhead St / B7083 Glaisnock St / B7083 Lugar St (Priority Junction) – The analysis indicates that this priority junction would operate well within desirable operational maximum capacity levels during both the critical peak periods and would therefore be considered satisfactory.

B7046 Ayr Rd / B7083 Glaisnock St (Signalised Junction) – The analysis indicates that this signalised junction arrangement would operate well within desirable operational maximum capacity levels during both the critical peak periods and would therefore be considered as satisfactory.

B7083 Glaisnock St / Greenholm Rd (Signalised Junction) – The analysis indicates that this signalised junction arrangement would operate well within desirable operational maximum capacity levels during both the critical peak periods and would therefore be considered as satisfactory.

A76 / B7083 Auchinleck Rd (Templeton Roundabout) – This roundabout lies on the Trunk Road Network and is therefore under the control of Transport Scotland. The analysis has indicated that the roundabout would continue to operate well within the desirable operational capacity levels during both the critical peak periods. Transport Scotland has indicated their acceptance and approval of the assessment and analysis work carried out on this roundabout.

A76 / A70 / Ayr Rd (Dettingen Roundabout) – This roundabout as above also lies on the Trunk Road Network and is therefore under the control of Transport Scotland. The analysis has indicated that the roundabout would continue to operate well within the desirable operational capacity levels during both the critical peak periods. Transport Scotland has indicated their acceptance and approval of the assessment and analysis work carried out on this roundabout.

Additionally all Junction and Puffins / Pelicans within Cumnock Town Centre, both existing and proposed or necessary as part of any permission granted as part of this application will require to be part of a new Cumnock Wide Wi-Fi UTC to ensure they can be remotely monitored and controlled, given the importance and priority of providing and maintaining Safe Convenient Routes to School for all users, active and otherwise.

The following Junctions and Pedestrian Crossings will require to be included with the Cumnock Wi-Fi UTC System:

Existing Pedestrian Crossings: 1. Lugar St / The Square 2. Townhead St / The Strand 3. New Bridge St / Ayr Rd 4. Barrhill Rd / Robertson Ave

Existing Traffic Signal Junctions: 1. Lugar St / A70 Tanyard 2. Glaisnock St / Ayr Rd 3. Glaisnock St / Greenholm Rd

Existing Pedestrian Crossings to be Re-located: 1. Ayr Rd / Cumnock Academy Access

New Pedestrian Crossings: 1. Auchinleck Rd / Woodroad Park Access

New Traffic Signal Junctions: 1. Auchinleck Rd / Underwood Rd. 2. Auchinleck Rd / Holmhead Rd 3. Ayr Rd / Cumnock Academy Access

12 No. traffic signal or pedestrian crossings will require to be brought under Wi-Fi UTC control.

Accident Data: Road Accident data covering an agreed search area discussed at scoping was provided by the Transport Consultant using the Crash Map Software. ARA normally relies on the Police Accident Statistics which the Road Service accesses directly through the Key Accident Software. This tends to be the software of choice used by ARA.

Consequently the data provided by the Consultant via Crash Map has been compared to that available on Key Accidents. The Key Accident Software and the Crash Map Software were shown to have identified the same accidents other than a couple of additional damage only identified by Key Accident. These by their very nature were not considered relevant to the Accident Study as no accident information was recorded. In view of the above it is considered that that the accident information identified by Crash Map is accurate and provides no additional causes for concern that has not been already identified within the TA as part of the Junction Access Strategy or within the Safe Routes to School Study.

School Travel Plans; A Framework Travel Plan for the Proposed Development has been prepared by Capita as part of the Transport Assessment documentation initially prepared in support of the Planning Application. As School time tables are further refined and school days identified for, Early Years, Primary School and Secondary Schools this Framework Travel Plan will need to be revised to represent accurately the needs and requirements of the various User Groups. The Travel Plans will require to be in place prior to the new facility becoming operational. The Travel Plans for each of the identified groups should provide information on agreed drop off facilities, parking availability for various end users and Safe Routes to School to encourage Sustainable and Active means of alternative travel, and require to be implemented in accordance with the monitoring and target regime identified within the Framework Travel Plan. After initial implementation of the Travel Plan, the document will become a live document which will require to be continuously revised to remain relevant. A Travel Plan Coordinator will require to be appointed who will be responsible for taking the Travel Plans forward, and for all future liaison in respect of monitoring and review of the Plans to ensure that they remain relevant. The name of the Travel Plan Coordinator should be provided to ARA prior to Campus opening.’ Addendum A footpath link shall be provided to the application site from Auchinleck Road between Visions Leisure Centre and Broomfield House.

Roads Works ARA Conclusion The ARA Roads Transportation Service have no objections to the proposed Knockroon Learning and Enterprise Campus, Cumnock provided the following matters are considered. These will all require to be provided for, in full, by the Client at their expense, and implemented prior to opening.

1. Access to the proposed development will be provided via 2 main access Points. The Northern Access will be via Underwood Rd which will be Signal Controlled. RCC will be required. As part of the Northern Access Junction the Mini Roundabout access to Cherrytrees will also be upgraded to Traffic Signal Control and will require RCC. These are as indicated within the TA Addendum Fig 4.1. The Southern Access will be via a new Traffic Signal Controlled Junction on Ayr Rd at the access to the existing Cumnock Academy Site and will require RCC. This is as indicated in the TA Addendum Fig 4.2 and will be further refined and improved to take account of additional events and discussions that have taken place since the Planning Application was initially lodged. These junctions are in the main all within the Red Line Site or are under EAC Control and Ownership; any additional ground required for junction improvements will be acquired by the roads authority and will form part of the adopted roadway.

2. The Northern Access will provide parking for: a) All staff movements. b) Specialist and parental pick up and drop off for supported learning centre c) Specialist and parental pick up and drop off for early childhood centre. d) Access to potential Business Starter Units.

3. The Southern Access will provide parking for: a) Parental pick up and drop off for all Primary and Secondary Schools; b) All School Transport provision for Primary and Secondary Schools.

4. The current footbridge over the Lugar Water at the Cumnock Academy Site will be upgraded to accommodate both Cycles and Pedestrians. The Approach gradients will require to take all necessary accessibility standards into account.

5. Barrier Systems will be put in place for the Northern Staff Car Park and the pick up /drop off area for early childhood / supported needs to ensure these are not abused. This parking provision is as indicated in the TA Addendum Fig 5.3

6. Barrier infrastructure will be put in place on the northern one way public transport pick up/drop off area to allow a Barrier System to be easily installed if the restricted access area is indiscriminately abused. This one way system is as indicated in the TA Addendum Fig 5.2.

7. A Barrier System will be put in place to protect Scottish Water Facilities from issues of indiscriminate parking. Additional Visitor parking will be provided for Scottish Water in land under their control in advance of the Barrier System. These will be controlled by Bollards.

8. Safe pedestrian and cycle access will require to be provided within the Campus from the Northern Access as indicated in the TA Addendum Fig 5.1.

9. Covered cycle spaces satisfying the BREEM requirements will also be provided to accommodate Cyclists using the Northern Access cycle facilities.

10. The Accessible Parking associated with the Southern Car park will be split between the main Southern Car Park to provide convenient access to the Sports facilities and an area accessed beyond the Visions Car park from Auchinleck Rd to ensure these spaces are as convenient as possible for Accessible access to the Campus. These are as indicated in the TA Addendum Figs 5.6 and 5.7.

11. Safe pedestrian and cycle access will require to be provided within the Campus from the Southern Access as indicated in the TA Addendum Fig 5.9.

12. The Pelican Crossing on Ayr Rd at the Cumnock Academy Access will require to be re located and upgraded with Puffin Technology.

13. A new Puffin Crossing facility will require to be installed on Auchinleck Rd at Woodroad Park Access.

14. Localised footway widening to 2 metres on the bend adjacent to the Cumnock Rugby Club on Auchinleck Rd will be required. (Condition) Prior to Campus Opening

14B. A footpath link shall be provided to the application site from Auchinleck Road if practicable.

15. The bus stop immediately to the east of Holmhead Rd on Auchinleck Rd will require to be relocated, to incorporate Flag, Tactiles and Bus Boarder Kerbs.

16. The footway dip adjacent to No 37 Auchinleck Rd will require to be regraded.

17. 5 No additional Speed Tables or alternative Traffic Calming proposals will be required on Auchinleck Rd between Lugar Bridge and the Cumnock Rugby Club to ensure that the road layout over this length satisfies the necessary criteria to allow a full time 20 mph School Safety Zone to be enforced.

18. Dropped pedestrian crossing facilities are required on both sides of Hearth Rd at its junction with Ayr Rd. (Condition) Prior to Campus Opening

19. A stainless steel balustrade extension to the sandstone boundary wall along 1 Auchinleck Rd will be necessary to address extant road safety concerns. This will require to be in keeping with the balustrade extension across Lugar Bridge.

20. A new 20 mph School Safety Zone will require to be advertised and implemented on Auchinleck Rd between the current entrance into the Knockroon Residential Site at the Kirk’s Alarm and Lugar Bridge.

21. A footway nib will be required at the corner of Auchinleck Rd and Holmside to widen out the footway approach to the Holmside crossing point.

22. Improved pedestrian dropped kerb crossing facilities will be required across Holmside at its junction with Auchinleck Rd.

23. Improved pedestrian dropped kerb crossing facilities will be required across the access road to Woodroad Park at its junction with Auchinleck rd.

24. Improved pedestrian dropped kerb crossing facility will be required on Auchinleck Rd on the south side of the entrance to the Cumnock Rugby Club.

25. 3 No Improved Pedestrian dropped kerb crossing facilities to be installed on Auchinleck Rd in the vicinity of Auchinleck Burn to improve and to assist in the provision of safe accessible routes to School for all active sustainable means of travel. 26. Texture Flex surface treatment will be required to the Bridgend Garage main access and egress points on the western footway of Auchinleck Rd to ensure adequate pedestrian conspicuity.

27. The existing substandard footway on Auchinleck Rd between Auchinleck and Cumnock will require to be upgraded and widened out to provide a 3m shared Footway / Cycleway. Full RCC will be required. This is currently between 0.9m and 1.6m wide in general and land will be required from Dumfries Farming and Land Limited and the Marquis of Bute to allow completion of this essential Pedestrian and Cycle Link; discussions are ongoing requiring acquisition of any additional ground required, in consultation with the EAC Legal and Estate Teams. This Link is effectively in 3 sections. Viz: a) Section 1. Underwood Rd northwards to redline Boundary. To be constructed as part of the Underwood Access Junction by the Main Contractor. b) Section 2. From the northern Redline Boundary to the main access to Knockroon Residential Development at Kirk’s Alarm. This section will be carried out by the Contractor to Dumfries Farming and Land Limited (Advisory Note)Will be carried out by the Contractor to Dumfries Farming and Land Limited prior to Campus Opening c) Section 3. From the main entrance into the Knockroon Residential Site at the Kirk’s Alarm northwards to the Auchinleck Boundary immediately south of Bridgend Garage. This section will be carried out by an External Contractor.

28. The combined footway/cycleway will require to be lit along its entire length and be constructed with bollards at approximately 10 metre centres. These will require to be positioned at 350mm from the edge of the carriageway.

29. A package of Traffic Regulation Order proposals will be identified to ensure that access and egress to the Campus, and On-street parking in the vicinity of the Campus is adequately controlled. These will be prepared and implemented prior to Campus opening where possible.

30. The A70 Tanyard / A70 Barrhill Rd / B7083 Lugar St existing Signalised Junction will require to be upgraded to improve Traffic Capacity. This will involve some Civils Construction Works, a relocation of some existing street furniture in the immediate vicinity including traffic signal equipment and a reconfiguration of the existing Traffic Signal Controller.

31. All Traffic Signal Junctions and Pedestrian Crossings within Cumnock Town Centre, both existing and proposed or necessary as part of any Consent minded to be granted as part of this proposal will require to part of a new Cumnock Wide Wi-Fi UTC to ensure they can be remotely monitored and controlled. The following is therefore a full list of all the Junctions and Pedestrian Crossing facilities that will require to be included and their current status, whether existing or proposed. a) Lugar St / The Square. (Existing Pedestrian Crossing) b) Townhead St / The Strand. (Existing Pedestrian Crossing) c) New Bridge St / Ayr Rd. (Existing Pedestrian Crossing) d) Barrhill Rd / Robertson Ave. (Existing Pedestrian Crossing) e) Lugar St / A70 Tanyard. (Existing Traffic Signal Junction) f) Glaisnock St / Ayr Rd. (Existing Traffic Signal Junction) g) Glaisnock St / Greenholm Rd. (Existing Traffic Signal Junction) h) Ayr Rd / Cumnock Academy Access (Existing Pedestrian Crossing to be Relocated) i) Auchinleck Rd / Woodroad Park Access. (New Pedestrian Crossing) j) Auchinleck Rd / Underwood Rd. ( New Traffic Signal Junction) k) Auchinleck Rd / Holmhead Rd. (New Traffic Signal Junction) l) Ayr Rd / Cumnock Academy Access. (New Traffic Signal Junction)

32. The Framework Travel Plan will require to be updated to represent accurately the needs and requirements of the various End User Groups. These Travel Plans will require to be in place prior to the new facility becoming operational. The Travel Plans must provide information on agreed drop off facilities, parking availability and safe routes to school to encourage sustainable and active means of alternative travel, and will require to be implemented in accordance with the monitoring and target regime identified within the Framework Travel plan.

33. The Travel Plan will require to be continuously revised to remain relevant. A Travel Plan Coordinator will require to be appointed who will be responsible for taking the Travel Plan forward and the name of the Travel Plan Coordinator will require to be provided to ARA prior to Campus opening.

34. At least 6 weeks prior to the commencement of development, a Construction Traffic Management Plan (CTMP) must be submitted for the written approval of the Planning Authority. a) Construction Traffic Access Routes to the Site. b) Parking provision within the site for personnel, construction vehicles and deliveries. c) An embargo on vehicle movements at the times of school pick-up and drop-off and how this will be monitored and enforced unless otherwise evidenced by the applicant that there will be no impact. d) Wheel wash facilities. e) Specific winter maintenance provision. f) Identification of a nominated person to whom any road safety concerns brought to the attention of the Roads Service can be immediately referred for resolution as required.

The response from ARA clearly states requirements for key accessibility, transportation and road safety outcomes to be secured. The works to both road junctions serving the site allied to works on Underwood Road are critical to facilitate the development. The division and management of parking, drop-off points and other traffic management improvements within the surrounding streets and in relation to roads outside of the application boundary are noted and can be secured by planning condition if Members were to grant permission.

It is considered that appropriate accessible parking will be provided covering key accesses at Block AA (ECC, ASN, Primary) near the main entrance and community cafe and BZ (sports/community) and in relation to the grassed sports pitches on the south part of the site. Car parking arrangements proposed are as noted previously in, sections 25 & 26, mindful of the existing provision of car parking in proximity to Visions. A Traffic Impact Assessment has been carried out and Ayrshire Roads Alliance have advised that the road layout within the school, the pedestrian and cycle path links and proposed road improvements outwith the site are acceptable subject to securing improvements to such.

Works are noted as required in relation to the ‘B’ Listed Lugar Bridge on the Auchinleck Road. Such works would be subject to further detail and clarification to consider whether the works would impact upon the listed structure. Were this found to be the case, a Listed Building application would be required. This can be brought to the applicant’s attention by appropriate advisory note if Members were to grant permission.

The addendum provided post submission of consultation response, considers a link route between Visions Leisure Centre and the access road to Broomfield House (Cumnock Rugby Football Club) from Auchinleck Road. Proposed plans note this path, however given that this would be a relatively direct route from the east from Auchinleck Road, avoids utilisation of the access to Cumnock Rugby Football Club and crossing through the parking area associated with Visions, this path link requires further consideration intrinsic to the strategic path network serving access to and through the site.

57. Ayrshire Roads Alliance (ARA) Lighting have not responded directly to this consultation at time of writing this report.

It is however noted that the main ARA response has commented upon lighting provision in relation to the development.

58. Ayrshire Roads Alliance (ARA) - Flooding Section has no objections noting that the site is out with the 1:1000 flood extent with no comments regarding flood risk.

59. Scottish Water do not object to the application.

Points were raised for the information of the applicant that can be applied as advisory notes if Members were to grant permission.

60. Transport Scotland have no objections and have offered no comment.

61. Strathclyde Partnership For Transport (SPT) have no objections to the proposed development. Comment was made in relation to school and parent transport pick-up and drop-off facilities, bus facilities, walking & cycling, parking, travel information provision and travel planning.

SPT welcome dedicated facilities for school transport pick-up and drop-off with comment regarding consideration for such facilities through the construction phase and to ensure that indiscriminate parking to the detriment of the transport hub was appropriately managed. Concerns were raised regarding provision for parental pick-up and drop-off facilities given the numbers of children identified within the TA currently driven to school whilst appropriate measures should be undertaken to dissuade the use of the B7083 for such use to avoid congestion. In the event of the requirement for additional bus stops these would require liaison with SPT with appropriate infrastructural provision. Active transport matters noted with regards walking and cycling. A balance of parking provision is cited with clarification of management necessary allied to traffic movement patterns at busy periods. This may be assisted through travel information provision on site and in advance of operation of the campus. A travel plan is deemed necessary.

Matters raised by the SPT are typically informed directly by the response to consultation made by the Ayrshire Roads Authority. Appropriately worded conditions can be incorporated into any permission if Members were to grant permission.

62. East Ayrshire Countryside Development Officer has no objections but has advised on non-vehicular access matters.

Access routes:

Rights of Way (RoW) - No formal Public RoW exist within or adjacent to the proposed development site.

Core Paths – Core Path C3 “Lord Bute’s Walk”, part of the long distance Scottish Coal Cycle Route is within the site. It is not permissible for a development to interfere with a Core Path until any required temporary or permanent diversion or closure has been fully considered. It is desirous to maintain access via the Core Path throughout all phases of development, noting that any stopping up or diversion of the core path requires a suitable order to be agreed which itself is subject to promotion and public comment.

Area Wide Access Rights As existing - Area wide access rights, as contained within the Land Reform (Scotland) Act 2003 (LRSA), are exercisable across parts of the site on the following site land uses of mown amenity grass, woodland, landscape planting, water course and grass sports pitches. Area wide access rights are not currently exercisable within the school building, the school curtilage (playground and carparks) and areas laid out as synthetic sports surfaces i.e. the running track and all weather pitch.

Upon implementation of the development the areas within the development site boundary where area wide access rights are currently exercisable would be suspended automatically, on a temporary basis, due to the site becoming a construction site. In turn area wide access rights would be reinstated automatically post construction in keeping with the new land uses.

Post construction - A local authority can exercise its duties as a planning authority and consider and approve a planning application which may result in land use change and in turn revise area wide access rights.

If this application were to be approved, area wide access rights would be exercisable on the following land uses; mown amenity grass, woodland, landscape planting, water course and grass sports pitches. General access rights as conferred by the Land Reform Scotland Act (LRSA) would not be exercisable within the school building, playground and carparks associated with the school and areas laid out as synthetic sports surfaces i.e. the running track, the all-weather pitch and the synthetic rugby/football pitches. There is therefore no issue in terms of the LRSA in fencing such areas. Concern was raised with regards the proposed fencing of the two grassed sports pitches which may be considered contrary to wider access rights were these grassed pitches not to be accessible i.e. were fully fenced and secured.

Area-wide access rights are more constrained within the proposed development than may be exercised currently. The Countryside Service is therefore desirous of further improvement works beyond those currently proposed to the accessible corridor beside the Lugar Water to offset the reduction in area wide access rights that result from the development. They also seek a high quality of specification for new paths to achieve a sealed type surface of 2m wide, upgrade of the existing core path to widen to 1.5m and deletion of the fencing proposed around the two grassed pitches.

The response notes that within the consideration for Cumnock in the East Ayrshire Green Infrastructure Strategy, there is an identified surplus of quality open space. The recommended quantity is 64 hectares based on the population whilst the 2014 audit indicates 104 hectares of quality open space within the town. The proposed development site is included within this 104 hectares and has been assessed as medium quality. The proposed development would result in a loss of open space provision of 5 – 12 hectares and impact upon the green network plan in an area within the 150m accessibility threshold for the local community. The Countryside Service notes that in accordance with The East Ayrshire Green Infrastructure Strategy there may be a requirement for developer contributions to the implementation of the Cumnock Green Network Action Plan including consideration of Woodroad Park, Townhead Park and infrastructural improvements along the Lugar Water Trail.

Countryside Services are content with the submitted information regarding protected species.

It is important to recognise that the response from the Countryside Development Officer, in part, defines access rights as strictly conferred and understood within the legislative context. This does not necessarily recognise either the current levels of use, such as informal use of the running track as noted through 3rd party representation, or the fact that the provision of use of sporting facilities proposed on artificial surfaces extends beyond strictly educational use to community use outside of school hours. Such access would be controlled through bookings and programming were the proposal to be built.

Management of the path resource, thereby maintaining accessibility within the site throughout the construction period and post development, requires further consideration as does the safeguarding of the Core Path adjacent to the Lugar Water. These matters can be addressed by appropriate condition and advisory note if Members were to grant permission.

It is recognised that the Countryside Development Officer is desirous of securing improvements from a countryside perspective in the landscape corridor beside the Lugar Water for further woodland planting. This has to be weighed against the desire clearly stated through 3rd party representations of retention of open space allied to the wishes of the Cumnock Rugby Football Club to have open grassed areas for training purposes. The applicant has indicated further buffer tree planting could however be achieved around the northern carpark. The alteration of the lowest plateau, proposed as the “wildlife zone” to change from wild flower meadow to a more wooded character would be a substantive change in the nature of the application as proposed. The applicant has indicated that were suitable projects to arise subject to community interest and support and where they align with the educational needs of the campus and the recreational needs of the local community these may be progressed in the future.

The proposed fencing of the grassed pitches proposed on the southern part of the site has to be balanced between possible school use and management thereof and open access. Further exploration and consideration of a management strategy to deal with the enclosure of the grassed pitch provision is required. Concerns also arise from the corralled nature of the fenced corridor created between these two pitches. This matter can be addressed by appropriate condition if Members were to grant permission.

63. Police Scotland have no stated objection to the proposal and have confirmed via their Architectural Liaison Officer, that they have been in liaison with the developer providing a full SecureByDesign report to identify and reduce opportunity for antisocial behaviour and/or criminality arising from the design of the development.

64. NHS Ayrshire & Arran have no objection to the proposed development with no concerns raised that the development will impact on healthcare provision.

65. Architectural Heritage Society of Scotland has not responded at the time of writing this report.

66. Scottish Civic Trust has not responded at the time of writing this report.

67. Scotland’s Garden & Landscape Heritage have no objection to the proposed development although would advocate robust structural planting along the western boundary of the site to mitigate any visual impact of the development and help maintain the setting of the Dumfries House designed landscape.

This matter can be addressed by planning condition if Members were to grant permission.

68. East Ayrshire Council Estates Management has not responded at the time of writing this report.

69. Historic Environment Scotland (HES) have no objection to the proposed development and do not have any comments to make on the proposals.

70. West of Scotland Archaeology Service (WOSAS) have no objection to the proposed development and note their earlier response as part of the pre- application process. From archival sources WOSAS advise that there is the site of a former mill, Green Mill, which is recorded in the south part of the site adjacent to the Lugar Water. The indicative area being predominantly occupied by open areas of playground and grass between Cumnock Academy and the river. The north part of the site comprising Broomhill is noted as less altered being greenfield in character however the general topographic position would appear to be suitable for historic occupation and use. A programme for archaeological evaluation is stated as required.

This matter can be addressed by condition if members were to grant permission, mindful of the proposed phased development of the campus.

71. East Ayrshire Council Housing Service has not responded at the time of writing this report.

72. Scottish Natural Heritage (SNH) has no objection to the proposed development. Owing to the identification of a bat roost in buildings to be demolished a protected species license from SNH is required. All bat species are European Protected Species and as such are accorded significant protection.

It is recognised that further survey work is required as advised by both the extended Phase 1 Habitat Survey and Technical Ecology Reports in relation to the built estate of Cumnock Academy and the possible presence of roosting bats. This matter can be addressed by condition if members were to grant permission.

REPRESENTATIONS

73. In response to neighbour notification and publicity of the application, representations were received from 103 individual parties. This does not include 2 representations objecting to the application which were received late and which could not be accepted. The objection from the Save Broomfield Group comprised of 11 named individuals, the majority of whom made objection separately. A further breakdown of the total figure (103), results in 84 in objection (including Cumnock Community Council), 13 representations in support and 6 neutral. The points raised can be summarised as follows:-

Points in support from 13 individual parties

74. Educational and sporting provision enhancement were key points raised in support of the proposal.

75. In relation to the site selection, comment was made that the proposal would make greater use of Broomfield Park for the wider community with comment stating the current underutilisation of the wider Broomfield Park area by the general public.

76. Construction element of the development was identified as bringing construction jobs to the area.

Neutral comment from 6 individual parties

77. Whilst stated as neutral representations they included concerns such as school capacity, the impracticality of ‘park and stride’ rationale, walking distance from areas previously served by school provision lost through amalgamation to form the proposed campus, inadequate parking and child drop-off facilities, inadequate sporting and spectator facilities for same, traffic congestion on Ayr Road and requirement for further liaison with business users in relation to Ayr Road.

These points are addressed in relation to objections to the proposal, noting also the East Ayrshire Council Policy response and relevant consultee comments.

Points in objection from 84 individual parties Cumnock Community Council has objected, as noted earlier within this report. The issues raised by the Community Council and included below in the summary and review of objections received.

78. The application is premature as at the time of submission of the application, the proposed East Ayrshire Local Development Plan (2015) had not been adopted therefore the proposed development is contrary to the adopted East Ayrshire Local Plan (2010)

It is recognised that there was conflict between the adopted East Ayrshire Local Plan (2010) and the East Ayrshire Local Development Plan: Proposed Plan (2015) in consideration of the possible land use in relation to Broomfield Park. In the 2010 Local Plan, Broomfield Park was clearly identified as safeguarded open space whilst in the 2015 proposed plan the site is identified, in part, as an area of search for a new education and community campus. The proposal for inclusion of Broomfield Park as an area of search for a development of an education campus only became sufficiently developed for inclusion in the proposed plan after the main issues report stage. This is recognised within the Scottish Government Reporter’s examination, consideration and conclusions in relation to proposed plan. However the emergence, consultation and consideration and ultimate adoption of the Local Development Plan leads to the consideration and determination of the application in relation to the adopted Local Plan which, as of 3 April 2017 is the East Ayrshire Local Development Plan 2017. Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. Policy considerations are as detailed elsewhere within this report. 79. Lack of a masterplan.

As recognised within the section of the Development Plan detailed elsewhere in this report, the definition of what constitutes a masterplan can vary. In planning terms a masterplan identifies a suitable location for a given development based on an informed understanding of place. The proposed development has evolved over time following a demonstrable, masterplanning and design process which has included significant levels of public participation as evidenced through education consultation, local development plan consultation and pre-application consultation to inform the application as presented. It is therefore considered that an appropriate masterplanning exercise has been undertaken to inform the proposed development.

80. The area of the campus development within Broomfield Park exceeds the area noted as PROP5 – the area proposed for a new education and community campus within the Local Development Plan.

This is indicative only and would be informed by the nature of the application as received.

81. Lack of consideration of environmental impacts arising.

The proposal was subject to Environmental Impact Assessment screening on three occasions. The outcome on both occasions was that an Environmental Impact Assessment was not required. The application has also been informed by a Phase 1 Habitat Survey, a Tree Survey, technical ecology report and a more detailed survey regarding the presence of bat roosts either known, in relation to the Broomfield Pavilion, or suspected, as within Cumnock Academy, within the site boundary. There have been no objections from key natural history consultees; Scottish Natural Heritage or Countryside Services within East Ayrshire Council, to the application. Comments from both of these consultees have been subject to consideration as detailed elsewhere within this report. It is considered that appropriate consideration of impacts to the environment and natural history have been considered and, where necessary, would be subject to appropriate planning conditions to safeguard natural history interests.

82. The application has not been assessed as requiring Environmental Impact Assessment (EIA).

The application has been screened for an EIA. An EIA screening assessment has been undertaken which confirmed that EIA was not required.

83. Inappropriate location given proximity to the Scottish Water waste water treatment works and issues of odour arising therefrom.

The proximity to an active waste water treatment works is recognised as suboptimal. The issue of odour has been subject to investigation and has been considered in the Odour Impact Assessment submitted in support of the application. Furthermore consultation with the site operator; Scottish Water together with bodies with relevant legislative function, including SEPA and East Ayrshire Council Environmental Health Service have not raised any objection with regards to proximity to the works. It is considered that this matter can be satisfactorily mitigated. It is recognised that the activity of the waste water treatment works are subject to regulatory control and that in the event of odour nuisance legislation exists for other statutory undertakers including SEPA and the Local Authority via the Environmental Health Service to pursue action as necessary. Responses from SEPA and Environmental Health are as noted elsewhere within this report.

84. Concerns raised regarding the use of a Biomass Boiler system. The use of a primary system comprising of two wood pellet biomass boilers with two backup natural gas boilers is queried with concerns raised about emissions and query over the ‘green’ credentials of such a system.

Consultees have raised no objection to the use of appropriately managed and maintained biomass boilers as component of the development. Emissions arising from the operation of the boilers will be required to meet air quality and noise requirements to avoid amenity impacts. The use of biomass is considered as a sustainable source of energy. It is therefore considered on balance that the use of a biomass boiler system is satisfactory and that any amenity issues arising can be appropriately managed and mitigated. The Environmental Health Service also has statutory provisions it can engage if a nuisance is being caused.

85. Traffic management, congestion and road safety were key concerns across representations received. Matters varied from general concerns over congestion to a highly detailed representation from an individual querying validity of findings within submitted documentation and informing the application. Of key concern were matters in the vicinity of the development on either access road; the B7083 Auchinleck Road and the A76 Ayr Road, road safety primarily for those walking to and from the campus, general issues of congestion, management of drop-off and pick– up areas, sufficiency of parking allocation and location of same, rationale of ‘park and stride’ and inappropriate parking generally with specific concerns to nearby housing developments and business areas.

These matters were raised through consultation with the Ayrshire Roads Alliance as the Roads Authority, whose consultation response is noted elsewhere within this report. It is important to note that from a roads perspective the proposed development was conceived as requiring two accesses on alternate routes to avoid exceeding capacities on existing local roads infrastructure. Furthermore, no new road accesses onto the existing road network are proposed, as it seeks to use the existing road access points by Underwood Road served by the B7083 and the Cumnock Academy access from the A76.

The three key Transport Assessment documents in support of the application are considered to be generally as complete and timeous as to be acceptable. It is noted that the Roads Authority accept the findings therein. Notwithstanding other developments which have occurred in the interim, including the integration of the EAC Underwood Depot into the proposal site with the corresponding shift of depot operations to the site of the old Stagecoach Bus depot on Ayr Road, opposite the Cumnock Academy junction on the A76, it remains the case that the proposal is not considered to exceed local road capacities.

As the development seeks to replace current facilities through amalgamation it is not considered to generate significant additional traffic overall, although it is recognised that local impacts will arise which shall be notable at peak times. These impacts are considered to be satisfactorily identified with appropriate mitigation proposed as informed by the Roads Authority which can be secured by appropriate Planning Conditions were permission to be granted by the Committee. It is considered that road capacities are not exceeded and that satisfactory road safety improvements can be achieved to accommodate the development.

86. Impacts to the businesses from the A76 Ayr Road opposite the access to the southern part of the site (site of existing Cumnock Academy).

Impacts arising noted in relation to road access and congestion are considered in the consultation response from Ayrshire Roads Alliance as considered previously within this report. This access to be used is not a new access, but an intensification of use of an existing access which will be subject to works to accommodate the intensification of use, including road junction improvements and road safety works. It is considered that reasonable and appropriate actions to accommodate the intensification of use of the access has either been addressed within the submission or can otherwise be secured by appropriate Planning Conditions if Members were minded to approve the application.

87. Distance from parking provision for all ability access and drop-off for children to the campus.

General traffic management issues are as considered and informed by ARA as Roads Authority elsewhere within this report. Encouragement of behavioural change to promote walking and cycling as active travel options increasing physical activity as part of a daily regime is considered positively and is fully supported through a range of both national and local government strategies and policies. Appropriate provision for cycle storage, pedestrian access per safer routes for schools off-site and access infrastructure on-site, have been considered within the submission or can be adequately addressed by condition as informed by the Roads Authority consultation response. Provision has been made for accessible parking bays in proximity to the school and community use entrances and sports facilities. A covered lay-by for ASN drop-off is also proposed. The design proposals overall have been stated as being in accordance with current legislation and good practice guidance on equality and diversity.

88. Loss of open space/green space – with reference to the Broomfield Park component of the site area.

The application site contains 128,711 sqm or thereby of open space, primarily within the Broomfield Park area of the site. Following construction of the development this will be reduced to 113,481 sqm or thereby, representing a reduction of 15,230 sqm or 12%. This is not an insignificant reduction of open space/green space. It is also of note that 28,457 sqm or thereby, of the remaining open space will be within the secure fence line although available to the public when not in use by the school. It is recognised through a significant proportion of representation responses that free and open access across the totality of the Broomfield Park site is a cherished aspect of current open space/green space provision which will obviously be curtailed as a consequence of this development. Typically such representations have not recognised the transformational impact of the development in creating open space south of the Lugar Water through demolition of the existing Cumnock Academy. The overall loss of green space/open space has to be weighed against the surplus of open space within Cumnock as identified in the context of the draft Green Infrastructure Strategy for East Ayrshire, the considerable amount of open space/green space remaining across the site as a whole, the quality of the open space/green space upon completion and the wider educational, community and environmental benefits arising post development.

Several representations in support of the development indicated that Broomfield Park is underused for informal recreational activities with evidence of sporting bookings across the 7 grassed pitches similarly identifying low formal sports use of the area. It is also worth noting that the dynamic of the site overall will change with the demolition of Cumnock Academy creating new open space, typically in the form of two grassed pitches, to the south providing open spaces to either side of the Lugar Water post development.

Whilst the loss of a not insignificant percentage of open space/green space is regrettable, this loss is not considered to be significant enough to justify recommendation for refusal. Similarly the change to a more formalised provision of open space/green space over a significant percentage of the area is not considered to be unacceptable given the improvements to facilities and opportunities arising therefrom for the use and enjoyment of the site post development to meet educational, sports and community aspirations with fit for purpose facilities. The retention of some ‘wild’ and general amenity open space is also catered for within the development.

89. The capacity of the combined education campus is insufficient and has not been fully considered.

This issue was raised with the applicant with further comment added to East Ayrshire Council Education Service consultation response, as noted within a previous section of this report. It is considered that current and foreseeable future capacity of the amalgamated school estate to be catered for within the proposed combined campus has been adequately addressed and has taken into account current and foreseeable future housing development in the area.

90. Contradictions with previously consented planning applications with particular reference to open space/amenity space provision for recent housing developments.

Each application is considered on its own merits and in accordance with planning policy, guidance and material planning consideration at the given point in time in which the development is subject to consideration. It is recognised that this development will result in the loss of open greenspace as is considered elsewhere within this report.

91. Issues in relation to anti-social behaviour such as bullying and/or friction between children from different areas e.g. Auchinleck and Cumnock.

Perceived antisocial issues are an educational/behavioural issue and are not a material planning consideration. In reference to such behaviour in terms of potentially vulnerable groups it should be noted that there is delineation of space within the campus for classroom and playground provision, whilst any shared activity space use will be subject to supervision as would be expected within all schools.

92. Insufficient playground provision.

Playground provision allied to other external space for those attending the campus is considered as appropriate. This is a matter for the Education Authority in relation to any specialist provision which may be required. The layout of the site safeguards, and provides for, playground provision which is delineated between age and specialist provision.

93. Increasing litter.

Littering is a societal and behavioural issue, not a material planning issue, with no basis on which to consider such as a constraint to the proposed development.

94. Quality of education provision owing to numbers of pupils attending.

The quality of education provision is not a material planning consideration. The Education Authority is the applicant and is responsible for meeting the educational needs of those attending the campus.

95. Quality of educational environment created by scale of proposed educational campus.

It is recognised that the scale of the campus is larger than standalone provision. The scale of campus has been cited as daunting to potentially vulnerable children. It is recognised that in the chosen design of the buildings there is demarcation within the school campus between age groups with dedicated early years, primary school, additional needs and secondary age groups, including external space provision. The general layout and circulation through the building is also a factor with a design rationale of interlinked blocks in a linear progression from early years through to secondary. This design would suggest that whilst increased in scale and capacity overall the experience may not be dissimilar to standalone provision. It is considered that the campus model will provide greater accessibility and opportunities to access sports and education facilities across age ranges and abilities and the wider community as exist currently. Similarly other matters raised in relation to attainment, interpersonal relationships and pupil ‘buddying’ systems are matters to be addressed by the Education Authority in the operation and management of the educational function of the campus.

96. The proposed development is contrary to the rationale of Cumnock becoming a ‘green town’ with allied comments in relation to queries over sustainability and related features e.g. solar panels, electrical charging points etc.

The proposed facilities represent a significantly enhanced consideration of sustainability and energy efficiency in comparison with aged buildings to be replaced by the proposed campus. The campus is being assessed against the Building Research Establishment Environmental Assessment Method (BREEAM) 2014 Education scheme. BREEAM is a leading sustainability assessment methodology which evaluates the procurement, design, construction and operation of a development. The aim of the proposal is to meet a ‘very good’ rating within the scale of assessment with credits in sections such as internal environments, materials specification, ecology and waste all considered as achievable.

The development will be assessed in terms of sustainability through section 7 of the Scottish Building Standards Technical Handbook which assesses eight aspects of sustainability – CO2 emissions, energy, water efficiency, well-being, material use and waste, flexibility and adaptability, optimising performance and biodiversity. A minimum level of compliance must be achieved for all buildings within the campus to pass this assessment. Specification of materials, building ventilation, heating and cooling, energy use and lighting are also subject to separate Building Standards evaluation. The use of the proposed wood pellet biomass heating system (with back-up gas boiler) for heating and hot water, presents an opportunity for a district heating network to supply the Visions Leisure Centre and the Rugby Club. Further extension of this district heating scheme rationale may be possible. The approach to energy and carbon emissions is considered to follow the hierarchy of passive design; efficient services; CHP & District Heating; Renewable Energy. It is therefore considered that the proposed development could be a significant development to aid in the concept of Cumnock becoming a ‘green town’ given the consideration of sustainability and energy efficiency within the development.

97. Decline in Air quality. Concerns have been raised over the combination of localised traffic congestion, the use of a biomass boiler and through the construction phase of the development that there will be a decline in local air quality.

An air quality assessment of emissions from the energy centre plant has been undertaken and has been submitted in support of the application, additionally an Odour Impact Assessment was also undertaken. Taking into account all factors it is considered unlikely that there will be any significant alteration in air quality issues arising on the southern part of the site mindful that this area is already in use as a school with attendant vehicle movements. On the northern part of the site the emphasis of submitted information is on the area in relation to the western boundary of the site. This part of the site has the combination of waste water treatment works to the south east, the proposed car parking area and the energy centre which incorporates biomass boiler systems. It is considered that the combination of appropriate management and maintenance allied to existing regulatory controls will typically address air quality issues. This may be further enhanced and safeguarded through the use of appropriate planning conditions were the proposal to be subject to approval by Members. It is not therefore considered that indicated impacts upon air quality are sufficient to justify a recommendation for refusal of the proposal.

98. Drainage and Flooding.

A stage 1 (level 1 Flood Risk Assessment ((FRA)) and Stage 2 Flood Risk Assessment (Level 2 FRA) have been prepared in support of the application. The main findings of which relate to the flood risk posed by the Lugar Water (fluvial) in the lower and central plateau areas of the Broomfield site and much of the footprint of the existing Cumnock Academy site. This helped to inform the placement of the campus on the upper plateau of the Broomfield site. Recreational, sport, amenity and nature conservation sites within the lower and central plateaus in addition to the Cumnock Academy site post development are considered as acceptable risks within Scottish Planning Policies flood risk framework whilst such risk to the new campus building would not be acceptable. Through pre-application advice from SEPA it was noted that relocating school provision from the current Cumnock Academy site to the upper plateau reduced vulnerability to flood risk. This is considered positively as betterment of current situation and future risk from fluvial flooding. Pluvial (surface water flooding) risk shall be reduced through the introduction of SUDS and control of surface water and run off across the site. It is noted that ground conditions over much of the existing Broomfield Park are not ideal and that waterlogged soil is a reason for much of the year that many of the current grass pitches are not fit for playing on. The initially lodged objection to this application from SEPA, primarily on drainage grounds, has been withdrawn. It is considered that the current minimal or substandard drainage arrangements across the site shall be substantially improved and that appropriate drainage shall be undertaken to safeguard both the school campus and adjacent developments such as Terringzean View. The detail of drainage infrastructure within the site will be assessed by Building Standards as part of the Building Warrant submission.

99. Issues in relation to capacity of Cumnock town centre businesses at peak times to accommodate additional customers and matters arising therefrom including concerns over safety and anti-social activities.

The new campus will likely introduce additional footfall to town centre businesses particularly those in the food sector. The development cannot be viewed in isolation as the current Cumnock educational estate is extant. It is however recognised that the integration of Auchinleck High School will increase numbers of children together with the additional staff requirements arising, which would indicate increased levels of usage of the town centre. Whilst this may lead to an increase at peak times the proximity of the campus to the town centre would suggest that access will be taken on foot rather than recourse to vehicular access and business premises are likely to react positively to any upturn in trade arising. The safety of non-vehicular access takers between the campus and the town centre in relation to road safety is considered within the Roads Authority response. It is also noted that were the application to be approved, comprehensive road safety improvements would be required and can be secured by condition if permission is granted by Members.

100. Issues in relation to impacts to areas losing current school facilities.

The reorganisation of the schools estate through amalgamation to form the proposed Knockroon Learning and Enterprise Campus (KLEC) has been subject to separate Education process together with extensive pre- application consultation as detailed elsewhere within this report.

101. Concerns over construction period and interim facility management.

All significant developments can result in interim disruption to both amenities and facilities. The nature of the development on this site seeks to retain the use of current education facilities until such time as the new campus buildings can be used. Phasing plans have been provided to inform the proposed development across 3 key development phases. Potential construction impacts to residential properties and/or current site users are noted, mindful of several residential properties that are immediately adjacent to the site as on Underwood Road, Terringzean View, Harperbank Grove and at the Schoolhouse allied with other uses such as the Scottish Water waste water treatment works, The Riverside Centre and business users, such as to the south of the site. Wider roads issues and non-vehicular access through and across the site are considered elsewhere within this report. Appropriate conditions to secure further detail of the phasing of development and both Construction Environmental Management Plan and Construction Traffic Management Plans can be secured by condition to avoid, minimise or mitigate impacts arising if this application is subject to approval.

102. The indoor sports facilities are not ideally placed for all users.

There is a rationale for the location of the proposed sports block (Building BZ) comprising the eastern most block nearest Visions Leisure Centre. This allows provision and scope to ally and share facilities with Visions, ease accessibility for community use and maintain security within the main school blocks. It is considered that the sports block is appropriately located to fulfil a balanced role serving both the school estate and the wider community.

103. The loss of a view.

Loss of view is not a material planning consideration.

104. Reduction in property value.

Reduction in property value is not a material planning consideration.

105. Impacts to residential amenity and established character of the area.

The site is within an urban fringe setting and it is noted that there is residential development adjacent to the development at nos. 1 & 2 Underwood Road, Terringzean View in the northern half of the site and the schoolhouse, lodgehouse and at Harperbank Grove in the south. The location, scale, massing and orientation of the main built element of the development is considered to have taken into consideration the setting of the existing residential properties and mitigates impacts arising. There is not considered to be any substantive impact of overlooking or loss of light whilst the change in levels added to the curved geometry of the building following the grain of the land, which itself is subdivided into interconnected blocks reduces visual impact. Retention of existing and further infill structural planting of parkland trees along the edges of the development site allied to other soft landscaping features will also assist in mitigating visual impact through time.

The tiered nature of development within the main development site at Broomfield Park will result in external sports facilities being largely screened from both the cottages at Underwood Road and houses at Terringzean View. This combination of change in site levels, screening by virtue of the main body of the school buildings and intervening structural parkland trees, both as existing and proposed, will mitigate both light spill from the proposed floodlights serving the two artificial pitches and noise arising through use of the pitches. It is also recognised that path provision and access points to the building have been designed to minimise impacts to adjacent residential properties and appropriate measures are proposed in relation to pitch provision in the south part of the site with noise attenuation and ball catch fencing.

The demolition of the existing Cumnock Academy is considered to offer an enhancement of visual amenity in the south part of the site.

The new school building will be 36.5 metres away from the nearest existing dwellinghouse in Terringzean View, at its closest point. This is in relation to the north east corner of block AC which is three storey with an eaves height of 13.9 metres and a ridge height of 16.7 metres. Given the height of the new building and the distance that it will be separated from the existing residential properties, it is not considered that there will be any loss of daylighting.

Impacts arising through the construction phase, whilst of significant duration owing to the nature and scale of the development, are considered to be mitigated through a phased approach to development and can be satisfactorily managed to minimise detrimental effects on local amenity or unacceptable disturbance to local residents. This can be secured via an appropriate Construction Environmental Management Plan (CEMP). It is also considered that schools are generally located in proximity to housing and are not considered as incompatible.

Issues of external lighting are considered to be improved in relation to floodlighting in relation to the existing running track as the new campus building will be interposed between the new floodlighting and properties at Terringzean View. Further detail of both floodlighting and general external lighting is required – both during construction and upon completion. This matter can be considered by condition, noting consultation response from East Ayrshire Council Environmental Health Service, if Members were to support the application.

106. The scale of the building is too large/excessive and is inappropriate for the Broomfield site.

Site selection process is considered elsewhere within this report. The main body of buildings creates a proposed 23,000 square metres gross internal floor area. Elements are typically of two and three storeys in height. The building design is essentially broken down into four interconnected blocks arranged in a linear, curved arrangement following the grain of the landform which is informed by a marked change in levels between the upper and median plateaus of the Broomfield site. As indicated the landform is not flat but tiered, dropping through three distinct plateaus from the B7083 (Auchinleck Road) to the Lugar Water. The design, scale and massing of the building is considered to be appropriate for the site.

107. A number of documents in support of the development are marked as ‘draft’.

All supporting documents of relevance are considered by the Planning Authority - no matter how such are titled or framed. It is recognised that the use of terminology such as ‘draft’ may cause unnecessary uncertainty, however in the absence of finalised copies such information is taken to inform the application at the point in time at which the application is considered. In the event of change were such sources to be altered, any such changes would be subject to further scrutiny to determine whether they had a material effect on the consideration of the proposal.

108. East Ayrshire Council has no right to develop Broomfield Park and land ownership is queried.

Declaration has been made by the applicant through submission of land ownership certification and notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 that appropriate notice has been served on owners other than the applicant of any part of the land to which the application relates. Whilst the applicant is the heritable proprietor of the Bromfield Playingfields and there is no provision in the title deeds that would prohibit the proposed development. Planning permission relates to the use of land irrespective of who owns the land. In the absence of any quantifiable evidence to the contrary it is considered that reasonable and appropriate undertakings to serve notice on owners other than the applicant of any part of the land to which the application relates has been undertaken.

109. Impacts to East Ayrshire Community Hospital.

East Ayrshire Community Hospital is situated offset to the south of the site on the opposite side of the A70 (Ayr Road). No issues have been raised through consultation with NHS Ayrshire and Arran to the development. Traffic management is subject to separate consideration elsewhere within this report. No substantive impacts to the use and function of the Community Hospital are considered to arise as a consequence of this development.

110. The existing school estate should be maintained and/or redeveloped negating the need for the proposed combined campus.

This is not subject to consideration by the application as presented and is a matter for the applicant, i.e. the Education Authority, mindful of the separate Education process which gave rise to this proposed development.

111. The development may have negative impacts on water quality and/or other pollution to the environment.

All development is required to be undertaken in accordance with pollution control legislation which is controlled by regulatory undertakers other than the Planning Authority.

112. Loss of an area attractive to tourism/of tourism benefit. There is no evidence to suggest that the site as a whole is a significant draw to tourists. Broomfield Park does not feature significantly in typical reference sources indicating local or regional tourist attractions. It is however recognised that the parkland does offer open space in which to hold events that are themselves a draw to tourists. This use and function is an occasional occurrence and may be viewed in relation to annual events such as the Cumnock Highland Games. Alternate locations within the area are considered to be potentially available for such events such as Dumfries House and Woodroad Park. It is also noted that the benefits of the sports facilities proposed may themselves be a significant draw to visitors for sporting events.

113. The link bridge across the Lugar Water is not fit for purpose.

It is recognised that the bridge across the Lugar Water is an essential infrastructural link in the context of the proposed development. Comment has been received indicating that a single non-vehicular access across the Lugar Water is insufficient to accommodate the volumes of pedestrians which will arise from the ‘park and stride’ rationale of drop-off and parking from the southern car park necessitating the use of the bridge to access the campus and sports provision on the northern part of the site. The new bridge deck is proposed to be widened to 3 meters from the current 1.6 meters, which significantly increases the capacity of the new bridge. Alternate access for vehicles is catered for within the northern part of the site to allow for maintenance etc. Comment is noted that the bridge may become a ‘choke point’. In consideration of the width of the proposed bridge it is deemed unlikely that the bridge will become a ‘choke point’ owing to the increase in the width of the decking, equitable width of paths to and from the bridge and the nature of non-vehicular use. Bridges by their nature are recognised as a focal point and that loitering may be an issue to the possible detriment of the free flow of pedestrians. This may be exacerbated through provision of roofing. Whilst the bridge offers a pleasant view of the river the view itself is not a focal point as would be the case in the event of a notable feature such as a waterfall. In relation to loitering it is considered that this can be mitigated through appropriate design with management, if warranted, at peak times. Works to the structure shall inevitably result in closure of the bridge to effect improvements/replacement with alternate crossing point via the footway on the B7083 road bridge to the east. This will be subject to appropriate management with requirement that works are undertaken prior to the first use of the proposed campus buildings and are of minimal duration to avoid undue impacts to wider access rights.

114. The height of the building.

On the north side of the site, the nearest part of the campus buildings to the housing in Terringzean View is block AC, which will measure 16.7 metres high. The nearest dwelling to this part of the building is 36.5 metres away and separated from the site by an access road, soft landscaping and structural parkland tree planting. The external finishes of the elevation facing Terringzean View have been designed to break up the apparent size of the elevation through the use of a mix of materials arranged to form horizontal and vertical design elements and avoiding a large, unbroken, expanse of the same finish. Given the distance that the new building will be separated from the nearest dwellings and the careful design of the elevation it is not considered that the development will result in loss of daylight and that the building will not have an overbearing impact on the adjoining housing. Given the horizontal and vertical separation between the existing houses and the campus buildings, it is again considered that there will be no loss of daylight affecting these properties.

115. The development, procedurally, through construction and/or upon completion impacts individuals Human Rights.

This issue has been considered with reference to the Human Rights Act 1998. Article 8 of the European Convention safeguards the respect for family life and home whilst Article 1 of the first protocol concerns the non- interference with the peaceful enjoyment of private property. These rights are subject to conditions and interference with these rights may be permitted if the need to do so is proportionate. The planning system by its very nature respects the rights of the individual whilst acting in the interests of the wider community. In this particular case, the interests of those affected by the planned development have been fully considered as have the relevant considerations which may justify interference with particular rights. All of these are set out within the body of the report and are examined in the context of relevant planning considerations.

116. Amalgamation of facilities.

Representation both in support and against the amalgamation of facilities have been received. Issues relating to the closure and co-location of Cumnock and Auchinleck Academies, Greenmill and Barshare Primaries and Early Childhood Centres and Hillside School have underwent due process and consideration by East Ayrshire Council Cabinet on 17 June 2015 with report referral to the Governance and Scrutiny Committee on the 18 June 2015. Such process is outwith the scope of the development management assessment of the proposal and is not a material planning consideration.

117. Public consultation.

Representations against the development in relation to public and community consultation have been received. Prior to, and separate from, the statutory planning consultation process, formal education consultation was pursued. The formal education process is outwith the scope of the development management assessment of the proposal and is not a material consideration.

In direct relation to consultation requirements as introduced by the Planning etc. (Scotland) Act 2006, Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, appropriate pre-application consultation process was pursued. Public reference should be made to the findings as presented within the submitted ‘pre-application Consultation Report’ dated 13th January 2017 provided in support of this proposal.

The proposal is considered to have been widely consulted upon in terms of the above planning legislation requirements. Consultation undertaken is considered to have been inclusive and meaningful as the various consultations have been undertaken in line with statutory requirements and have strived to follow best practice.

118. Name of the proposed development.

The naming of the development is not a material planning consideration.

ASSESSMENT AGAINST DEVELOPMENT PLAN 119. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of this application the Development Plan comprises the Adopted East Ayrshire Local Development Plan (EALDP), April 2017.

The Planning Policy Team have reviewed the LDP and have set out their response below, which is provided in a largely unabridged response and includes points in consideration of Scottish Planning Policy. Notwithstanding SPP is further discussed as a material consideration in this report.

East Ayrshire Local Development Plan (LDP 2017)

120. The current East Ayrshire (EA) Local Development Plan was adopted on the 3 April 2017 and has a nominal lifespan of 5 years. The EALDP guides all future development in respect of housing, town centres, economy, tourism, energy and infrastructure.

Relevant LDP policies; OP1, TC2, T1,T2,T4, RE2, RES11, INF1, INF4, INF6, INF7, ENV1, ENV2, ENV4, ENV6, ENV8, ENV9, ENV11, ENV12, ENV14, WM1, WM2, WM3, WM4, WM8. CUMNOCK 6, PROP5 and Safeguarded Site 008W are also considered relevant.

The following evaluation of the proposal against the LDP considered the following policy topic areas within the adopted LDP 2017 in coming to a view regarding the suitability or otherwise of the development proposal. For clarity, the section references outlined below that suffix each policy statement relate to the policies within paragraph 120.

Sustainable Development: The Spatial Strategy; Placemaking - Successful Places; Use Class; Transport and Travel; Renewable Energy Sources; Landscape and Woodland; Green Infrastructure; Sports Facilities; Flood Risk; Ecology/ Biodiversity; Listed Buildings/ Archaeology; and Infrastructure/ Sustainable Resources. Each topic heading includes a policy conclusion identifying whether the proposal accords or otherwise with the East Ayrshire LDP2017. 1.1 Sustainable Development – Local Development Plan (LDP) The Spatial Strategy LDP paragraph 2.16 states that ‘the key aim of the spatial strategy is to promote high quality, sustainable development. There will therefore be a presumption in favour of development which contributes to sustainable development, defined for this purpose as enabling and supporting development that balances the costs and benefits of a proposal over the longer term.’ In general terms this means:-  Directing development to accessible locations to reduce the overall need to travel. Where travel is necessary, locations accessible by a variety of modes of public transport as well as walking and cycling are prioritised; (See section on Transport and Travel. section (4.1));  Directing development to East Ayrshire’s settlements (See Location of Growth - The Spatial Strategy. section (2.1));  Identifying development opportunities in locations with the infrastructure and landscape capacity to accommodate them (See Location of Growth - The Spatial Strategy. section (2.1));  Identifying opportunities for renewable energy development, particularly wind energy development, giving due regard to relevant environmental, community and cumulative impact considerations (See Renewable Energy Sources. section (5.1));  Giving priority to the reuse of brownfield land and buildings (See Sustainable Development. section (1.3));  Making provision for sensitive development in the rural area with those most sensitive parts being afforded higher levels of protection; N/A  Ensuring that all development is of the highest quality design and contributes positively towards making the area a successful place thereby improving the quality of life and health of residents, stimulating private investment, attracting visitors to the area and assisting in reducing carbon emissions;’ section 2.2, 2.3, 5.1)

Overarching Policy OP1: All development proposals will require to meet the following criteria in so far as they are relevant, or otherwise demonstrate how their contribution to sustainable development in the context of the subsequent relevant policies in the LDP and SPP would outweigh any lack of consistency with the relevant criteria: (i) Comply with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non-statutory guidance; See Policy conclusions: 2 - 13 (ii) Be fully compatible with surrounding established uses and have no unacceptable impacts on the environmental quality of the area; See Policy conclusions: 1, 2, 3, 4, 6 and 8 (iii) Ensure that the size, scale, layout, and design enhances the character and amenity of the area and creates a clear sense of place; See Policy conclusions: 1 and 2 (iv) Where possible, reuse vacant previously developed land in preference to greenfield land; See Policy conclusions: 1 (v) Be of the highest quality design by meeting with the provisions of SPP, the Scottish Government’s policy statement ‘Designing Streets’, the Council’s Design Guidance and any master plan/design brief prepared for the site; See Policy conclusions: 2 (vi) Prepare Master Plans/Design Statements in line with Planning Advice Notes 83 and 68 respectively where requested by the Council and/or where this is set out as a requirement in Volume 2 of the LDP; See Policy conclusions: 2 (vii) Be compatible with, and where possible implement, projects shown on the LDP placemaking maps; See Policy conclusions: 2, 8 (viii) Ensure that there is no unacceptable loss of safeguarded areas of open space/green infrastructure and prime quality agricultural land; See Policy conclusions: 2 (ix) Protect and enhance natural and built heritage designations and link to and integrate with green infrastructure where possible; See Policy conclusions: 6, 8, 9, 10 and 11 (x) Ensure that there are no unacceptable impacts on the landscape character or tourism offer of the area; See Policy conclusions: 6 (xi) Meet with the requirements of all relevant service providers and the Ayrshire Roads Alliance; See Policy conclusions: 4 and (xii) Be accessible to all. See Policy conclusions: 4

1.2 Sustainable Development – Scottish Planning Policy (SPP) SPP Paragraph 15 - By locating the right development in the right place, planning can provide opportunities for people to make sustainable choices and improve their quality of life. Well-planned places promote well-being, a sense of identity and pride, and greater opportunities for social interaction. Planning therefore has an important role in promoting strong, resilient and inclusive communities. Delivering high-quality buildings, infrastructure and spaces in the right locations helps provide choice over where to live and style of home, choice as to how to access amenities and services and choice to live more active, engaged, independent and healthy lifestyles. SPP Paragraph 32 - The presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision-making. Proposals that accord with up-to-date plans should be considered acceptable in principle and consideration should focus on the detailed matters arising. For proposals that do not accord with up-to-date development plans, the primacy of the plan is maintained and this SPP and the presumption in favour of development that contributes to sustainable development will be material considerations.

1.3 Policy Response: Sustainable Development LDP p25. Cumnock - paragraph 3.26 states ‘As part of its school rationalisation programme, the Council has examined options for amalgamating schools in Cumnock and Auchinleck and locating them on a new campus in Cumnock. A consultation exercise has been undertaken under the Schools (Consultation) (Scotland) Act 2010. The Council as education authority has now made a decision to proceed with a new education and community campus at Broomfield Park.’ Paragraph 3.36 further states: ‘The Council will continue to investigate the development of a new education and community campus at Broomfield Park, Cumnock, under PROP 5. The campus is intended to incorporate a merged Auchinleck Academy and Cumnock Academy, merged primary school facilities to replace Greenmill Primary School, Barshare Primary School and Hillside School, associated supported learning and early childhood centres and further education and business enterprise facilities. The site being investigated focuses on the indicative area shown on the LDP settlement map for Cumnock (Map 9). The exact nature of the development and the boundaries of the site have yet to be determined through the planning process. Development of the campus will follow a masterplan approach to ensure that the proposal is environmentally acceptable and that appropriate infrastructure is provided. The proposals will include the retention or provision of sports and recreation facilities on the campus for education and community use’. As part of the ongoing site assessment process, a range of supporting evidence has been produced in support of the development proposal e.g. sustainable alternative site analysis, transport and access issues, landscape study, environmental impact reports, sports facility provision, issues relating to residential amenity, infrastructure requirements and flooding assessments. The evidence has been further informed by advice received from statutory consultees and other key stakeholders including Sportscotland. A detailed Design and Access Statement has been prepared to facilitate a master planned approach to assessing the application proposal.

The existing Cumnock Academy site would become surplus as part of the KLEC development. This brownfield site would be redeveloped as part of the KLEC proposal, as would an adjacent Council owned brownfield depot site.

As part of the design development process, SPP, the Scottish Government’s policy statement Designing Streets: A Policy Statement for Scotland, and the Council’s Design Guidance have been utilised as identified in the Design and Access Statement.

As set out in Volume 2, the LDP requires that a masterplan approach will be taken to the development of the site. The potential KLEC site area is identified as PROP 5 by way of an indicative hatched area on Map 9: Cumnock in LDP.

The Scottish Government’s PAN 83 states ‘Masterplanning has an important role in Scotland’s future by helping us to:  create well-designed built environments that make us feel welcome and secure, and that;  promote healthier lifestyles, reduce our environmental impact, are adaptable and have lasting economic and social benefits.’

The definition of what constitutes a masterplan can vary. In broad terms, a masterplan comprises three dimensional images and text describing how an area will be developed. Most commonly, it is a plan that describes and maps an overall development concept, including present and future land use, urban design and landscaping, built form, infrastructure, circulation and service provision. It is based upon an understanding of place and it is intended to provide a structured approach to creating a clear and consistent framework for development. The planning application supporting material contains sufficient information to help secure the above outcomes. Environmental Impact Assessment Screening option: Schedule 1 - Other development - the site area exceeds 2 ha/ gross floor space of any building exceeds 5,000sqm EIA screening necessary. (Campus complex 23,000 sqm in total). Request for a screening opinion under the Environmental Impact Assessment (Scotland) Regulations 2013 (EIA) was made by the Council’s Education Services on 10th September 2015 and a screening opinion received on 8th October 2015 confirmed that EIA was not required. A review of the Planning Advice Note (PAN) and EIA Screening Opinion was undertaken upon appointment of the Project Team. A Cabinet Decision to relocate Underwood Depot to Caponacre on 20th April 2016 was taken thereby freeing up availability of Underwood Depot site. A second request for a Screening Opinion was submitted by the Project Team on 2nd June 2016; Second Screening Opinion received on 11th August 2016 confirming EIA not required.

Policy conclusion 1: It is considered that the proposal is in accordance with the LDP Spatial Strategy and policy OP1 and provides for a high quality, sustainable development incorporating brown field locations. The proposal delivers an inclusive learning environment where state-of-the-art facilities are provided for children, young people and members of the community. Cumnock represents a sustainable location being identified in planning terms within the settlement hierarchy as having the function ‘to act as the primary service centre for the former coalfield area, in terms of commercial, civic and cultural functions.’ A range of sustainable transport modes can be used, and these will be enhanced through the development process, including active travel options, to access the school campus. The area of proposed development is not located within any European or Nationally designated site, nor is it within 2 km of any statutory designated sites or non-statutory Local Wildlife Site. A Phase 1 Habitat Survey concluded that proposals for the site are unlikely to impact on statutory designated sites due to distance and lack of connectivity between the sites. Whilst there is some loss of safeguarded open space/green infrastructure this is compensated by the provision of enhanced sporting and recreational facilities and, given the extent of open space elsewhere in Cumnock, this loss is acceptable. A distinctive and bespoke design has evolved through responding to site context, taking account of the local vernacular in the design of buildings. The design incorporates on-site level changes and movement routes in its layout, which minimises its scale and its massing. A landscape and planting scheme to address landscape impact, impact on heritage resources, local amenity and screening has also been prepared which helps integrate the proposal into the surrounding environment. The new layout would also see the main school buildings being relocated from an area at medium (1:200) year flood risk to an area above the flood plain. A site analysis of alternative sustainable locations was carried out demonstrating that altering or reducing the scale of the development is not practicable, and that the development would not unacceptably adversely affect, either individually or cumulatively, the vitality and viability of any town centre including Cumnock. A masterplan approach has be taken to the development of the site. The planning application supporting material contains sufficient information to meet the masterplan requirement. Two separate requests for EIA have both resulted in screening opinions confirming EIA not required.

2.1 Placemaking - Successful Places LDP Location of Growth - The Spatial Strategy LDP paragraph 2.19 states ‘A key role of the LDP is to state how much land is needed over the plan period for different types of land use and then to identify where the most appropriate locations for this type of development are. The spatial strategy and settlement hierarchy, illustrated in map 1 (LDP), helps in this process by looking at which towns and villages can accommodate certain scales of development. Within this hierarchy, the five service centre towns of Kilmarnock, Cumnock, Galston, Stewarton and Dalmellington serve the surrounding local centres and rural villages for employment, retailing, leisure and recreation and secondary schooling. The five sub areas within both the vision and the spatial strategy and settlement hierarchy are: The Core Area (i.e. Kilmarnock and surrounds), the Irvine Valley, the Northern Area consisting of Stewarton and surrounding villages, the Cumnock area and the Doon Valley.’ Cumnock is identified as a ‘Strategic Town Centre’ and defines the role of Cumnock in planning terms within the settlement hierarchy as being ‘to act as the primary service centre for the former coalfield area, in terms of commercial, civic and cultural functions.’ Cumnock is the 2nd largest town in terms of scale in East Ayrshire (EA) and is also the focus for a number of key regeneration projects such as town centre retail redevelopment, the Knockroon housing exemplar initiative - a sustainable new neighbourhood of 770 dwellings on the edge of the town, and the Knockroon Learning and Enterprise Campus (KLEC).

2.2 Placemaking - Successful Places SPP SPP Paragraph 36 - Planning’s purpose is to create better places. Placemaking is a creative, collaborative process that includes design, development, renewal or regeneration of our urban or rural built environments. The outcome should be sustainable, well-designed places and homes which meet people’s needs.

SPP Paragraph 37 - The Government’s policy statement on architecture and place for Scotland, Creating Places, emphasises that quality places are successful places. It sets out the value that high-quality design can deliver for Scotland’s communities and the important role that good buildings and places play in promoting healthy, sustainable lifestyles; supporting the prevention agenda and efficiency in public services; promoting Scotland’s distinctive identity all over the world; attracting visitors, talent and investment; delivering our environmental ambitions; and providing a sense of belonging, a sense of identity and a sense of community. It is clear that places which have enduring appeal and functionality are more likely to be valued by people and therefore retained for generations to come.

SPP goes on to state that Planning should support development that is designed to a high-quality, which demonstrates the six qualities of successful place; Namely:

 Distinctive;  Safe and Pleasant;  Welcoming;  Adaptable;  Resource Efficient;  Easy to Move Around and Beyond.

2.3 Policy Response: Placemaking – Successful Places A Design and Access Statement has been produced to accompany the development proposal and indicates how the design of the campus and buildings will address the above criteria. A distinctive and bespoke design has evolved through responding to site context, taking account of the local vernacular in the design of buildings, incorporating on- site level changes and movement routes in its layout, with appropriate use of design, materials and form to minimise the impacts of scale and massing and a landscape and planting scheme to address landscape impact, local amenity and aesthetics. The new layout would also see the main school buildings being relocated from an area at medium (1:200) year flood risk to an area above the flood plain. The campus has been designed to be safe and pleasant with particular attention being paid to public and private realm zoning through inner and outer fencing boundaries to provide limited public access through the school day and allow greater public access outwith school hours. Parking arrangements and vehicular access have been design to minimise pedestrian conflict. The campus is designed to be welcoming with key features including a replacement pedestrian bridge to accentuate the Lugar Water as an attractive southern gateway feature, whilst high quality open spaces including seating and landscaping will further enhance the public realm. The campus will be adaptable allowing shared use of facilities including indoor buildings and sports facilities including pitches between the school and non- school users. Resource efficiency will be achieved by paying careful attention to internal environment, material specification, ecology, waste and onsite energy production (a biomass burner). The campus will be Easy to Move Around and Beyond due to zoning of public and private spaces into distinct areas, internal and external pathway networks linking key areas located off the main school block’s communication spine; access from entry points to school buildings being designed to be age appropriate with younger pupils having less far to walk, and play areas also zoned according to age; the campus’ pathways link to a Core Path facilitating access to the Lugar Water and beyond. RES 11 – Residential Amenity The Council will, at all times, seek to protect, preserve and enhance the residential character and amenity of existing residential areas. In this regard, there will be a general presumption against: (i) the establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents; (ii) the development for other uses of locally important areas of recreational or amenity open space which contribute significantly to the character and appearance of the residential area concerned, or which offer opportunities for outdoor sport and recreation; (iii) the removal of play equipment from areas of recreational open space; (iv) the closure or disruption of existing footpaths which provide important links between housing areas and areas of public open space, local shops and other community facilities, transportation nodes etc.; With regard to the establishment of new residential areas, new housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents. Due to the scale of the proposed development, potential impacts on the amenity of existing residential development must be considered. Nos. 1&2 Underwood Cottages and a modern housing development at Terringzean View are both within close proximity of the campus. Underwood Cottages are located on Underwood Road; a proposed access road for the new school and biomass burner energy plant. The road currently lacks any footways giving the dwellings reduced setback from the road. The potential increase in traffic accessing Underwood Road poses the potential to create a negative impact on the amenity of Nos. 1&2 Underwood Cottages in terms of traffic movement, noise and vibration from larger vehicles servicing the energy plant. At the closest point, Terringzean View is approximately 36.5m from the 3 storey STEM/Social Subjects building (approximately 17m high) and the 2.5 storey Community and sports block. Potential negative impacts on existing dwellings require consideration include the scale, mass and height of the school buildings that result in visual impact, and similarly, noise, flood lighting and traffic associated with the school buildings. In response to these potential impacts, the developed exploits a natural change in levels to help minimise relative height differences. A set back of approximately 37m also helps mitigate the visual impact of the campus’ main buildings. The massing of the campus is reduced further through the employment of an articulated design exploiting such features as high quality planting schemes and landscaped public open space and entrances to soften the appearance of the buildings. The buildings’ mass will be further broken up by the use of feature slot recessed fenestration and rooflines animated by steep gables. Each elevation reflects the differing function of each block and provides variation and contrast. The blocks will be clad in light coloured brick and cladding where fenestration is not appropriate in, for example, the sports hall. Traffic issues will be mitigated through design solutions such as junction improvements at key access points and footway improvements. Traffic impacts are dealt with in more detail in section 4.3 For the most part, the Terringzean View residential development has either blank gables or bedroom windows facing towards the school buildings. As it stands, this arrangement will help to minimise the risk of intrusive noise levels during the school day. The arrangement of the school buildings themselves act as an acoustic barrier acting as sound amelioration between the residential area to the north and the school’s recreational and play areas to the south. As such, measures have been taken to minimise noise impacts arising from the school. There is an existing flood lit 4 lane surfaced running track (with 6 lane sprint track) and separate long/triple jump lane. No further flood lighting is proposed at this this location.

Policy conclusion 2: As part of the Council’s commitment to the Placemaking Agenda, the Broomfield site is identified within the LDP placemaking maps. In part, these maps illustrate how the six qualities of successful place can be further developed. The potential development of the site has been incorporated into the strategic placemaking plans for Cumnock. Plans have therefore been considered within a placemaking context. Furthermore, a Design and Access Statement has been produced to accompany the development proposal and indicates how the design of the campus and buildings will address the key 6 placemaking criteria. The employment of a high quality design concept through consideration of building layout, elevational massing by using quality cladding materials and planting schemes, and in the treatment of traffic movements will minimise the risk of adverse impact on residential amenity. However, on a localised level, the construction of a substantial new development replacing, in places, views across open, green space will nevertheless inevitably result in some visual impact on some residents. There will also be some unavoidable traffic impacts. Notwithstanding the above observation, the loss of views, however valued, is not a material planning issue and the traffic impacts are deemed acceptable.

In terms of the development of recreational open space this is discussed in detail in section 8.3 and 9.3 below. The loss of open space, given the amount available elsewhere in Cumnock, and the quality of the open space that is to be provided overcomes the general presumption against development as detailed under criterion (ii).

As such, the proposal is considered to be in accordance, therefore, with the LDP Placemaking Agenda and Spatial Strategy and generally accords with LDP policy RES 11.

3.1 Use Class – LDP

TC2: Footfall generating uses outside of town centres For the purposes of Policy TC2, footfall generating uses include the following c classes within the Use Class Order: Class 10 – Non- residential institutions. ‘ Proposals for new or expanded footfall generating developments outwith town centres will be supported only where they meet with the provisions of Policy TC3…’ or when the key criteria can be addressed such as requiring a robust sequential assessment to be carried out, demonstrating that altering or reducing scale of the development is not practicable, the development would not unacceptably adversely affect, either individually or cumulatively, the vitality and viability of any town centre. 3.2 Use Class – SPP SPP Paragraph 68 - Development plans should adopt a sequential town centre first approach when planning for uses which generate significant footfall, including retail and commercial leisure uses, offices, community and cultural facilities and, where appropriate, other public buildings such as libraries, and education and healthcare facilities. This requires that locations are considered in the following order of preference:  town centres (including city centres and local centres);  edge of town centre;  other commercial centres identified in the development plan; and  out-of-centre locations that are, or can be, made easily accessible by a choice of transport modes. 3.3 Policy Response: Use Class As part of the ongoing site assessment process, the locational requirements of KLEC rule out a town centre location. Several alternative sites were compared through a desktop comparative analysis which identified the Broomfield site as the most appropriate. (See Access and Design Statement p15 Appendix 2: EAC Site Analysis.) ‘Proposed Education Campus - Cumnock Feasibility Study’.

Policy conclusion 3: It is considered that the KLEC proposal accords with LDP policy TC2: Footfall generating uses outside of town centres being designated as Use Class Order: Class 10 – Non-residential institutions. A site analysis of alternative sustainable locations was carried out demonstrating that altering or reducing the scale of the development was not practicable, and that the development would not unacceptably adversely affect, either individually or cumulatively, the vitality and viability of any town centre. 4.1 Transport and Travel – LDP T1: Transportation Requirements for New Development Policy T1 states ‘The Council will require developers to ensure that their proposals meet with all the requisite standards of the Ayrshire Roads Alliance and align with the Regional and Local Transport Strategies. Developments which do not meet these standards will not be considered acceptable and will not receive Council support. All new development will require to fully embrace active travel by incorporating new, and providing links to existing footpaths, cycle routes and public transport routes. Developments which maximise the extent to which travel demands are met first through walking, then cycling, then public transport and finally through the use of private cars will be particularly supported. Where considered appropriate, developers will be requested to enter into Section 75 Obligations with the Council with regard to making financial contributions towards the provision of transportation infrastructure improvements and/or public transport services which may be required as a result of their development.’ For detailed response see: Ayrshire Roads Alliance (ARA) response – ‘Formal ARA Response on the TA prepared in support of the above Planning Application.’ T2: Transport Requirements for New Significant Traffic Generating Uses Policy T2 states ‘The Council will not support new significant travel generating uses at locations which would increase reliance on the car and where: (i) Direct links to local facilities via walking and cycling networks are not available or cannot be made available; (ii) Access to local facilities via public transport networks would involve walking more than 400m; or (iii) The Transport Assessment does not identify satisfactory ways of meeting sustainable transport requirements (iv) The potential impact on the performance or safety of the trunk road network and the measures required to mitigate any impact arising from development have not been identified.

Where a proposed new development or change of use is likely to generate a significant increase in trip numbers, a Transport Assessment will be required. In certain circumstances, developers may also be required to produce Travel Plans which set out proposals for the delivery of more sustainable transport patterns. Developers may be asked to meet the costs of monitoring any Travel Plans and Transport Assessments during the construction period of the site and for an agreed period following the completion of the development.’ 4.2 Transport and Travel – SPP SPP Paragraph 270 - The planning system should support patterns of development which:  optimise the use of existing infrastructure;  reduce the need to travel;  provide safe and convenient opportunities for walking and cycling for both active travel and recreation, and facilitate travel by public transport;  enable the integration of transport modes; and  facilitate freight movement by rail or water.

SPP Paragraph 271 - Development plans and development management decisions should take account of the implications of development proposals on traffic, patterns of travel and road safety. SPP Paragraph 273 - The spatial strategies set out in plans should support development in locations that allow walkable access to local amenities and are also accessible by cycling and public transport. Plans should identify active travel networks and promote opportunities for travel by more sustainable modes in the following order of priority: walking, cycling, public transport, cars. The aim is to promote development which maximises the extent to which its travel demands are met first through walking, then cycling, then public transport and finally through use of private cars. Plans should facilitate integration between transport modes. SPP Paragraph 279 - Significant travel-generating uses should be sited at locations which are well served by public transport, subject to parking restraint policies, and supported by measures to promote the availability of high-quality public transport services. New development areas should be served by public transport providing access to a range of destinations. Development plans should indicate when a travel plan will be required to accompany a proposal for a development which will generate significant travel. SPP Paragraph 281 - National maximum parking standards for certain types and scales of development have been set to promote consistency (see Annex B: Parking Policies and Standards including higher and further education (non- residential elements)). Where an area is well served by sustainable transport modes, planning authorities may set more restrictive standards, and where public transport provision is limited, planning authorities may set less restrictive standards. Local authorities should also take account of relevant town centre strategies when considering appropriate parking provision (see SPP Paragraphs 64-65 and Annex A: Town Centre Health Checks and Strategies). SPP Paragraph 288 - Buildings and facilities should be accessible by foot and bicycle and have appropriate operational and servicing access for large vehicles. Cycle routes, cycle parking and storage should be safeguarded and enhanced wherever possible.

4.3 Policy Response: Transport and Travel The majority of the KLEC site, including the school buildings, is less than 1 km from the centre of Cumnock (as defined by the LDP Town Centre boundary delineation). A Travel Assessment has been developed in accordance with the Transport Scotland Transport Assessment Guidance and SPP. The Transport Assessment undertaken by Capita, on behalf of the applicant, states that studies ‘have identified the need to provide two access points to the site i.e. the northern access onto the B7083 Auchinleck Road via Underwood Road, and a southern access onto the A70 Ayr Road.’ Northern Access – Underwood Road A number of improvements will be carried out on Underwood Road, including the extension of footways on either side of the carriageway and improvements at the junction with B7083 Auchinleck Road to accommodate increased vehicular and pedestrian demands. Underwood Road will be used primarily for: All staff movements; Parent pick up and drop off associated with the Supported Learning Centre; Parent pick up and drop off associated with the Early Childhood Centres; and Access to Business Starter Units. Southern Access – A70 Ayr Road The existing southern access will be retained and improved in order to cope with increased vehicular and pedestrian demands. The junction will primarily be used for the following purposes: Parental pick up and drop off for primary and secondary schools; and All school transport provision for primary and secondary schools. Pedestrian Access Pedestrian access to the school buildings from the southern access will be via a new footbridge over Lugar Water. A covered walkway will facilitate pedestrian movements from the car park to the school entrance. Access to the school buildings from the northern access will be catered for through provision of a footway along Underwood Road. An additional segregated pedestrian access point will be provided from Auchinleck Road. Key findings of the Transport Assessment are: Walking and Safer Routes to School  Proposed for Pedestrians: o Install dropped access kerbs and tactile paving at all crossing points along: Barrhill Road, Lugar Street; Townhead Street; Glaisnock Street; Auchinleck Road; A70 New Bridge Street; and Tanyard Street. o Narrow footways located along Townhead Street to be widened and improved; o Investigated relocating the existing school crossing patroller from the signalised junction to a proposed puffin signalised crossing outside Cumnock Congregational Church; o Dipped footway adjacent to no37 Auchinleck Road to be assessed to remove the dip, and investigations into drainage to reduce ponding at this location; o Alternative access route installed at the Rugby Club to the Knockroon Learning and Enterprise Campus (KLEC); o Street lighting along footways at Auchinleck Road and the footpaths north of Lugar Water; and o Western footway along Auchinleck Road should be widened to at least 2m, particularly between the Knockroon Development and the northern KLEC access—part of this work may be undertaken in conjunction with the Knockroon development.

 ‘Improvements for All Road Users o ‘Northern access to KLEC to adopt a 20mph speed zone in school peaks—including appropriate signage’; o ‘Speed cushions installed along Auchinleck Road on the approach to the Leisure Centre access’; o ‘‘Traffic Gateway’ introduced at the entrance to Cumnock from Auchinleck village’; o ‘Appropriate on street parking restrictions at: Underwood Road; Auchinleck Road; Holmhead Road; Lorimer Crescent; Kyle Court; and Terringzean View.’ o ‘Monitoring on-street parking (potentially reported as part of the Travel Plan monitoring), particularly at the northern access.’ o ‘‘School Keep Clear’ markings on Auchinleck Road and Underwood Road.’

Bus  ‘Cumnock is well served by bus services, with buses to and from the town centre travelling along Auchinleck Road past the proposed development site.’ o ‘The southbound bus stop, situated at Terringzean View, has a ‘layby’, raised access kerb, tactile paving and a bus shelter with a timetable. The northbound bus stop has a raised access kerb and tactile paving; but no shelter due to the narrow width of the footway.’  ‘Cumnock Bus Station is situated approximately 650 metres from the proposed school, which equates to an approximate 8 minutes walking time.’ Rail ‘The nearest connection available is in Auchinleck approximately 2 miles north from Cumnock. New Cumnock rail station is approximately 5 miles south from Cumnock.’ Access and Inclusion The Transport Assessment does not specifically refer to the need for an Equal Access. The following is taken from the Design and Access Statement: ‘The design proposals have been established with guidance from an Accessibility Consultant and in accordance with the latest legislation and good practice guidance on equality and diversity. This includes:  Equality Act 2010;  BS 8300:2009 (Design of Buildings and their Approaches to Meet the Needs of Disabled People);  Scottish Building Regulations 2004;  BS 9999 (Code of practice for fire safety in the design, management and use of buildings) and;  Induction Loop Performance standards (IEC60118-4 2-14).Adherence to statutory disabled parking standards; SPT access for all policy through train station and potential provision of socially necessary bus services.’ Policy conclusion 4: The proposals for the Knockroon Campus provide for satisfactory levels of accessibility by foot, particularly from Auchinleck Road and via the footbridge over the Lugar Water, with access through the site of the existing Cumnock Academy from the A70 Ayr Road. Cycling will be encouraged through the provision of cycle parking and through the provision of facilities on site to encourage participation in cycling. Furthermore, East Ayrshire Council provides a Cycling Development Pathway programme which aims to provide all children with the opportunity to learn and develop their confidence on a bike and on road cycling skills. Previous work undertaken to assess the identified Safer Routes to the proposed development site have identified a number of improvements which, on completion, will assist pedestrians and other road users to access the site safely. Public transport provision to the proposed development is sufficient. The site is well served by bus services—some stopping along Auchinleck Road and Ayr Road within the vicinity of the proposed development. It is anticipated that a large number of pupils will continue to use the Council’s bus services if they meet the criteria for this mode of transport. The proposals include on-site facilities shall be provided to ensure the safe drop off and collection of all pupils travelling to and from the school by the school bus. Pupils currently attending Hillside School and Barshare Primary School SLC are expected to continue to travel to school via Council transport, as they are eligible on medical grounds. Whilst the KLEC is located on the current edge of Cumnock, it is nevertheless reasonably close, at less than 1 km, to the town centre. There are ample opportunities for active travel to the campus and these will be further supported through such measures as footway widening and provision of an on campus cyclepark. Auchinleck train station is approximately 2 miles from Cumnock. Vehicular access will be facilitated by well-designed pick up and drop off points, improvements to key road junctions and adherence to National maximum parking standards for higher and further education facilities. (Annex B: Parking Policies and Standards). The design proposals have been established with guidance from an Accessibility Consultant and in accordance with the latest legislation and good practice guidance on equality and diversity. In summary, it is considered that the proposal accords, subject to the detailed response provided by Ayrshire Roads Alliance (ARA), with LDP policies T1, T2 and T4.

5.1 Renewable Energy Sources – LDP RE2: Heat Generation LDP policy RE2 states ‘the LDP will support developments associated with the renewable generation of heat. Where non-renewable generation of heat is proposed, the Council will support these developments only where greenhouse gas emissions are significantly reduced, form part of a carbon capture development or where the applicant can demonstrate plans for conversion to renewable or low carbon sources of heat in the future. The Council will also be supportive of the provision of energy centres, where appropriate, within new development.’ ‘All new heat generating developments should, where possible, be located close to potential heat users and the possibility of developing heat networks, including district heat networks, should be investigated...’ ‘…All proposals will require to meet with the Renewable Energy Assessment Criteria set out in Schedule 1 of the LDP. Thermal treatment plants will also require to meet with SEPA’s Thermal Treatment of Waste Guidelines 2014.’ 5.2 Renewable Energy Sources – SPP SPP Paragraph 154 - support the development of a diverse range of electricity generation from renewable energy technologies – including the expansion of renewable energy generation capacity – and the development of heat networks;

5.3 Policy Response: Renewable Energy Sources An onsite Energy Centre is proposed to provide the heating required for the KLEC campus. It is proposed that the Energy Centre will include two biomass boilers utilising wood pellet fuel. The flues for the heating plant shall be connected to a free standing 20m high chimney adjacent to the Energy Centre. A district heating network is proposed to supply the campus buildings with a possible extension to Visions Leisure Centre to the east of the northern part of the site and also the adjacent Rugby Club. There is also a proposal to extend the district heating to the north of the campus site for future developments. A BREEAM Very Good rating will reduce initial demands on heating and cooling through the design and construction of a modern, efficient building complex. Additional energy saving and efficient gain measures are identified in the Stage 3 Sustainability Strategy. The requirements of the Renewable Energy Assessment Criteria set out in Schedule 1 of the LDP will be, in part, satisfied through a minimum level of compliance being achieved for all buildings, which for the KLEC is a Bronze level for CO2 Emissions as shown in red in Table 2 (Stage 3 Sustainability Strategy). This is achieved by obtaining a ‘Pass’ under Section 6 of the Building Regulations.

Policy conclusion 5: It is considered that the renewable energy proposals, as detailed above, for KLEC accord with policy RE2. In terms of the standard of construction and insulation, a BREEAM Very Good rating will reduce initial demands on heating and cooling through the design and construction of a modern, efficient building complex. Additional energy saving and efficient gain measures are identified in the Stage 3 Sustainability Strategy.

6.1 Landscape – LDP ENV4: Gardens and Designed Landscapes Gardens and Designed Landscapes included in the National Inventory, and those of regional and local importance, are protected and their enhancement encouraged. Development will not be supported where it will have significant adverse impacts upon (i) its character; (ii) important views to, from and within it and; (iii) important features that contribute to its value and that justify its designation, where applicable. Where a proposed development will impact on a Garden and Designed Landscape, the developer will be expected to provide a landscape management plan, to identify conservation needs and direct how change can best be accommodated.

ENV8: Protecting and Enhancing the Landscape The protection and enhancement of East Ayrshire’s landscape character as identified in the Ayrshire Landscape Character Assessment will be a key consideration in assessing the appropriateness of development proposals in the rural area. The Council will require that: (i) Development proposals are sited and designed to respect the nature and landscape character of the area and to minimise visual impact. Particular attention will be paid to size, scale, layout, materials, design, finish and colour. (ii) Where visual impacts are unavoidable, development proposals should include adequate mitigation measures to minimise such impacts on the landscape. (iii) Particular features that contribute to the value, quality and character of the landscape are conserved and enhanced. Development that would result in the loss of valuable landscape features, to such an extent that character and value of the landscape, are unacceptably diminished, will not be supported. Such landscape features include: a. Settings of settlements and buildings within the landscape; b. Skylines, distinctive landform features, landmark hills and prominent views; c. Woodlands, hedgerows and trees; d. Field patterns and means of enclosure, including dry stone dykes; and e. Rights of way and footpaths

Development that would create unacceptable visual intrusion or irreparable damage to landscape character will not be supported by the Council. 6.2 Landscape – SPP SPP Paragraph 148 - Planning authorities should protect and, where appropriate, seek to enhance gardens and designed landscapes included in the Inventory of Gardens and Designed Landscapes and designed landscapes of regional and local importance.

6.3 Policy Response: Landscape A detailed Design and Access Statement has been prepared in support of the application proposal. The statement describes the designations and context within which the school proposal is set. The Designed Landscape of Dumfries House adjoins the boundary of the site along the southern edge, but extends into the site along the western edge covering the sewage works and the Northern car park. A prominent row of mature Wellingtonia’s (Sequoiadendron giganteum), located along Lugar Waters and a classic feature of Designed Landscapes, is visible throughout the new campus. Other significant trees are Poplars, which are dotted around throughout the wider landscape. A proposed planting strategy has been developed with views into the Designed Landscape and the wider context in mind. Despite its proximity to the Designed Landscape, its parkland character and the high number of mature trees, only a small number of trees along the Western edge of the site are covered by a tree preservation order. A veteran oak, which is not protected by a preservation order, but most likely dates back to the introduction of the Designed Landscape, is located on its western fringe. The Design Team has retained this tree and have indicated that this will ensure its protection throughout the construction process. The designated core path follows Lugar Water. It enters the site at the South-Eastern corner of the Northern site and continues westwards along Lugar Water. The proposal retains the public route although a temporary closure may be required for the works / upgrading of the bridge during the construction period. The statement provides a landscape design strategy response based on siting of fencing and security measures, a planting strategy, tree removal and protection, external furniture and external lighting.

7.1 Woodland – LDP ENV9: Trees, Woodland and Forestry LDP policy ENV9 states ‘The Council will support the retention of individual trees, hedgerows and woodlands within both settlements and rural areas, where such trees contribute to the amenity, nature conservation and landscape value of the area. There will be a presumption against the felling of ancient semi-natural woodlands and trees protected by Preservation Orders. The Council will support proposals for woodland and forestry expansion where they: (i) are consistent with the Ayrshire and Arran Forestry and Woodland Strategy and contribute to Ayrshire’s green network; (ii) take account of the landscape and ecological qualities of the area; (iii) demonstrate that recreational opportunities have been fully considered;

Proposals that involve the removal of woodland will only be supported where it would achieve significant and clearly defined public benefits and is in line with the Scottish Government’s Control of Woodland Policy. Where removal can be fully justified, compensatory planting will be required to the satisfaction of the Council and Forestry Commission Scotland and in line with the provisions of the Ayrshire and Arran Forestry & Woodland Strategy which forms Supplementary Guidance to this LDP. Non statutory guidance in the form of The Ayrshire and Arran Forestry and Woodland Strategy supports policy ENV 9 by providing detailed guidance on the most appropriate tree species and locations for woodland removal and creation.’ 7.2 Woodland – SPP SPP Paragraph 217 - Where appropriate, planning authorities should seek opportunities to create new woodland and plant native trees in association with development. If a development would result in the severing or impairment of connectivity between important woodland habitats, workable mitigation measures should be identified and implemented, preferably linked to a wider green network (see also the section on green infrastructure).

7.3 Policy Response: Woodland The site for the new campus is urban fringe land, set north and south of the Lugar Water, to the north west of Cumnock town. To the west, the land is rural, with the grounds of Dumfries House and a mixture of woodlands and arable farmland setting the character. To the east and south, the town of Cumnock provides the urban element of the new school’s setting. The planting strategy cited in the Design and Access Statement states the following: ‘The gardens, parkland and woodland of adjacent Dumfries House make an enormous contribution to the surrounding Ayrshire valley scenery…’ Existing trees will be supplemented with new parkland trees complimenting and rejuvenating the surrounding landscape. Key trees (Entrance Avenue) and framework planting such as woodland along verges, embankments and carparks feature a selection of typical parkland trees and trees, which can be found in the wider landscape. Proposed species include Oak, Sycamore, Larch and Wellingtonia. Smaller groups of trees in close proximity to the building are more ornamental with attractive leaves, bark and/or fruits such as Crab Apple, Ginkgo, Snowy Mespilus or Stag’s horn-sumach to provide additional interest and to react to the proportion of spaces. More mature trees are proposed at key locations and around the site in areas, which are exposed to high usage. Younger trees are proposed in areas with less pressure further away. Playgrounds, courtyards and entrance areas will be advanced with further low- maintenance planting ranging from ground covers and ornamental grasses to sensory planting.’ Regarding protected trees the applicant states: ‘All trees covered by a Tree Preservation Order will be retained. The Veteran Oak, located at eastern verge of the site, which is not yet covered by TPO, is also being retained. A small number of trees will be removed to improve the connection between the upper and lower plateau and to utilise the embankment providing seating, socialising and play opportunities and to open up views to the Designed Landscape behind.’

Policy conclusion 6 & 7: It is considered that the proposal accords with LDP environmental policies ENV4, ENV6, ENV8 and ENV9. A distinctive and bespoke design has evolved through responding to site context, taking full account of landscape and woodland. The protection and enhancement of East Ayrshire’s landscape character, will be achieved, in part, through the implementation of the various proposals contained within a detailed Design and Access Statement prepared in support of the application proposal. The statement, in particular, addresses the importance of the designation and the context provided by the Designed Landscape of Dumfries House (that adjoins the boundary of the site along the southern edge, and extends into the site along the western edge).The proposals take full cognisance of these matters. Existing trees will be supplemented with new parkland trees complimenting and rejuvenating the surrounding landscape. Key tree planting locations e.g. the Entrance Avenue and framework planting such as woodland along verges, embankments and carparks feature a selection of typical parkland trees and those that can be found in the wider landscape. 8.1 Green Infrastructure – LDP T4: Development and Protection of Core Paths and Natural Routes The Council will, through its Core Path Plan, and in association with relevant bodies, landowners and tenants, seek to develop a comprehensive local footpath and cycle route network for access and recreational use for local residents. Priority will be given to the development and promotion of new circular routes and footpath links between settlements, especially where these utilise existing disused railway lines, forestry access roads, minor country roads etc… INF4: Green Infrastructure LDP policy INF4 states ‘The Council will require development to take a design led approach to delivering green infrastructure. Opportunities for green infrastructure delivery should be incorporated as an integral part of the design of developments to enhance and link to existing open spaces/ green infrastructure and create new green infrastructure assets as appropriate. The Council will require new development to meet with the public and private open space standards set out in LDP Schedule 8 ‘Public and Private Open Space Standards’ and the provisions of the Council’s Design Guidance. The provision of open space/ green infrastructure should be a core component of any Master Plan.’ 8.2 Green Infrastructure – SPP SPP Paragraph 221 – The planning system should:  consider green infrastructure as an integral element of places from the outset of the planning process;  assess current and future needs and opportunities for green infrastructure to provide multiple benefits;  facilitate the provision and long-term, integrated management of green infrastructure and prevent fragmentation; and  provide for easy and safe access to and within green infrastructure, including core paths and other important routes, within the context of statutory access rights under the Land Reform (Scotland) Act 2003. (See Core Path Lugar Water.)

SPP Paragraph 228 - Local development plans should safeguard access rights and core paths, and encourage new and enhanced opportunities for access linked to wider networks.

8.3 Policy Response: Green Infrastructure Opportunities to safely access the KLEC by foot or bicycle are afforded by the Core Path along Lugar Water. In accordance with SPP Paragraph 221 (Land Reform (Scotland)) Act 2003, and SPP Paragraph 228, Route C3 - Lord Bute's Walk (Part of Scottish Coal Cycle Route) will be safeguarded. Following the construction of the development the total area of open space (including green space, accessible public realm and grass/ synthetic pitches) remaining within the site will be 113,481m2, 28,457m2 of which will be behind a secure fence line but accessible to the public when not in use by the school. This represents a reduction of 15,230m2 or 12% in area. This reduction, would still nevertheless leave a considerable amount of accessible open space within the site. In the context of the Green Infrastructure Strategy for East Ayrshire which identifies a surplus of open space within Cumnock, the proposed development would not result in an unacceptable adverse impact on the provision of open space generally. (See below Sportscotland.) The amenity areas will be enhanced through new landscaping, planting and infrastructure such as lighting, drainage and connections. This would secure a higher quality and more usable area of open green space than that which exists at present. While some of the open green space will be fenced for security purposes during school use, community access will be secured through a community use agreement. The Lugar Water river corridor is exceptional in providing an educational resource unique to Knockroon, as the character of the western boundary is dictated by the river. There are clear opportunities for the geology and water ecology of the river corridor to be incorporated into the school curriculum. An area of the lower open space, between an elevated pipe and the Lugar Water course, will be enhanced to create a bespoke wildflower meadow and wetland. This area will be devoted to improving the ecological diversity of the site, providing an area that can be used for example by the East Ayrshire Woodlands Trust to contribute to educating both students and the general community about local wildlife and ecology. Furthermore, it is noted that environmental and floral diversity will be incorporated into the design and specification of open spaces across the school campus to maximise diversity in species and ecosystems, providing not only environments that enable increased species migration and floral diversity but will also provide a valuable teaching resource. A Sustainable Urban Drainage Strategy (SuDS) is proposed. Attenuation will be provided to ensure no flooding occurs within a 30 year storm event. Features such as filter drains, swales, permeable surfaces, bio-retention (rain garden) which provide the first level of treatment, are being implemented within the scheme drainage proposals. The lower plateau of Broomfield would be retained as enhanced open space. During School hours, it is anticipated that the reception area would work as an open space to community.

Policy conclusion 8: It is considered that the proposal accords with LDP policies T4 and INF4: Green Infrastructure. In the context of the Green Infrastructure Strategy for East Ayrshire which identifies a surplus of open space within Cumnock, the proposed development would not result in an unacceptably adverse impact on the provision of open space. In accordance with the Land Reform (Scotland) Act 2003, Route C3 - Lord Bute's Walk (Part of Scottish Coal Cycle Route) will be safeguarded. Additional green infrastructure will be provided in the form of a flood attenuation SuDS scheme, a Woodland Trust managed wetland meadow, landscaping and public open space planting schemes. This will result in higher quality and more usable areas of open green space than exist at the present.

9.1 Sports Facilities – LDP INF6: Safeguarded Open Space LDP policy INF6 states ‘There will be a presumption against development on safeguarded open space with the exception of uses which are compatible with, and sympathetic to, the sporting and recreational use of the site itself. Any such development should not result in either a reduction or erosion of the site’s overall amenity and recreational value or a deficiency of open space provision in the area or settlement concerned. Development which results in the partial or complete loss of areas of safeguarded open space will be acceptable only in exceptional circumstances where alternative provision of equal community benefit can be made available close to the site and where the proposal meets with the provisions of the Council’s Green Infrastructure Strategy.’

INF 7: Outdoor Sports Facilities LDP policy states ‘The Council will not be supportive of the redevelopment of outdoor sports facilities, except where one of the following circumstances applies: (i) the proposed development is ancillary to the principal use of the site as an outdoor sports facility; or (ii) the proposed development involves a minor part of the outdoor sports facility which would not affect its use and potential for sport and training; or (iii) the outdoor sports facility which would be lost as a result of the proposed development would be replaced by:

 a new outdoor sports facility of comparable or greater benefit for sport and in a location which is convenient for its users; or  the upgrading of an existing outdoor sports facility to provide a better quality facility, either within the same site or at another location which is convenient for its users and which maintains or improves the overall playing capacity in the area; or (iv) an outdoor sports facility strategy prepared in consultation with, and approved by, Sportscotland, or another relevant strategy, has demonstrated that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site in question could be developed without detriment to the overall quality of provision’ 9.2 Sports Facilities – SPP SPP Paragraph 224 - Local development plans should identify and protect open space identified in the open space audit and strategy as valued and functional or capable of being brought into use to meet local needs. SPP Paragraph 225 - Local development plans should seek to enhance existing and promote the creation of new green infrastructure, which may include retrofitting. They should do this through a design-led approach, applying standards which facilitate appropriate provision, addressing deficits or surpluses within the local context. The standards delivered through a design-led approach should result in a proposal that is appropriate to place, including connections to other green infrastructure assets. Supplementary guidance or master plans may be used to achieve this. SPP Paragraph 226 - Local development plans should identify sites for new indoor or outdoor sports, recreation or play facilities where a need has been identified in a local facility strategy, playing field strategy or similar document. They should provide for good quality, accessible facilities in sufficient quantity to satisfy current and likely future community demand. Outdoor sports facilities should be safeguarded from development except where:  the proposed development is ancillary to the principal use of the site as an outdoor sports facility;  the proposed development involves only a minor part of the outdoor sports facility and would not affect its use and potential for sport and training;  the outdoor sports facility which would be lost would be replaced either by a new facility of comparable or greater benefit for sport in a location that is convenient for users, or by the upgrading of an existing outdoor sports facility to provide a facility of better quality on the same site or at another location that is convenient for users and maintains or improves the overall playing capacity in the area; or  the relevant strategy (see SPP Paragraph 224) and consultation with Sportscotland show that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site would be developed without detriment to the overall quality of provision.

9.3 Policy Response: Sports Facilities Broomfield is designated as an area of safeguarded open space in the adopted LDP. The designation is accorded policy protection via Policies INF6 and INF7. Additionally, through PROP 5 in the Cumnock section of Volume 2 there is a commitment from the Council to: ‘investigate the feasibility of a new education and community campus at Broomfield Park, Cumnock.’ Broomfield currently benefits from 5 usable full size grass pitches and 1 synthetic 7- aside sized pitch. These are of varying quality. Information provided by EAC Leisure suggests that only 2 pitches are preferred by community users. Sportscotland recognise that natural grass pitches can only accommodate a restricted amount of use if they are to maintain adequate playing quality. Sportscotland take the view that a well constructed, well drained and well maintained pitch should be able to accommodate around 8 hours of play per week. It is not considered that the 5 pitches at Broomfiled could all be considered to be of such quality and so their usability will be considerably less than 40 hours per week. In order to support the new school campus and to ensure community use it is proposed that the 5 usable grass pitches will be replaced by 3 synthetic grass pitches that can accommodate unlimited use. The proposal also includes a new grass pitch and athletic track on the site of the existing Cumnock Academy. Sportscotland is a statutory consultee and is required to be consulted on any planning application that will result in the loss of an outdoor sports facility; prejudice the use of an existing outdoor sports facility for that purpose; or prevent the use of land, which was last used as an outdoor sports facility, from being used again for that purpose. Additional evidence was requested by Sportsccotland in the form of an example of a standard week of programming for the pitches in order to understand how users will be accommodated. On receipt and examination of this data, Sportscotland concluded that it has no objections to the planning application subject to the following conditions:

 appropriate design and construction of replacement pitches is ensured,  appropriate design and construction of replacement athletics track is ensured,  timeous replacement of pitches directly affected by development and local access to pitch facilities is ensured; and  timeous reinstatement of outdoor sports facilities directly affected by development is ensured.

Quantitative Assessment of Existing Open Space East Ayrshire Council’s Green Infrastructure and Green Network Strategy Volume 2 and Cumnock Green Network Action Plan 2.6.2 states that ‘Four open spaces within Cumnock form green corners to the settlement at Shankston Wood, Glaisnock/ Holm Burn and the open spaces associated with the Lugar Water. The river corridors are large spaces, which offer varied functions and usage, providing valuable green networks and walking routes with varied landscape elements and habitats. The Broomfield site and open space associated with the Lugar Water is a combined green corridor and public park with a sports area. Some smaller neighbourhood open spaces exist within the settlement, these are mostly play parks and sports pitches. The proportion of open space within Cumnock is high and well distributed throughout the settlement. There is a surplus of open space in Cumnock in terms of the population requirements’. Within this context, it is not considered that the proposals are contrary to Policy INF 6 and Policy INF 7 (iii). It should be noted that Land Reform (Scotland) Act 2003, states that land over which access rights are not exercisable include land which ‘consists of land contiguous to, and used for the purposes of a school’. The extent to which the qualitative improvements in sports facilities provision can be made to offset the temporal enclosure of areas of the campus due to the operational requirements of KLEC, will form a key part of negotiations regarding community access.

Policy conclusion 9: It is considered that the KLEC proposal is in accordance with LDP policies INF6 and INF7. The open space on the campus will be more flexible and adaptable allowing shared use of facilities. On completion of the proposal, the facilities provided will represent a new outdoor sports facility of comparable or greater benefit for sport in a location which is convenient for its users. Indoor facilities will also be enhanced. The outdoor sports facility strategy has been prepared in consultation with, and has been approved by Sportscotland. It demonstrates that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site in question could be developed for the school without detriment to the overall quality of provision.

10.1 Flood Risk – LDP ENV 11: Flood Prevention Flood risk is a key consideration in the siting and design of new development. The effects of climate change mean that more areas are increasingly under threat from flooding. The LDP therefore has a key role to play in ensuring that new development is, as far as possible, located in areas free from flood risk and where this is not possible that satisfactory mitigation measures can be put in place. LDP policy ENV 11 states ‘The Council will take a precautionary approach to flood risk from all sources and will promote flood avoidance in the first instance. Flood storage and conveying capacity will be protected and development will be directed away from functional flood plains and undeveloped areas of medium to high flood risk. The Council will identify and protect existing land uses that provide or have the potential to provide natural flood management. The council will also encourage new flood management measures, including flood protection schemes, restoring natural features, enhancing flood storage capacity and avoiding the construction of new culverts and the opening of existing culverts.’ The Flood Risk Framework contained in SPP, will be used in the assessment of development proposals. 10.2 Flood Risk – SPP SPP Paragraph 255 - The planning system should promote:  a precautionary approach to flood risk from all sources, including coastal, water course (fluvial), surface water (pluvial), groundwater, reservoirs and drainage systems (sewers and culverts), taking account of the predicted effects of climate change;  flood avoidance: by safeguarding flood storage and conveying capacity, and locating development away from functional flood plains and medium to high risk areas;  flood reduction: assessing flood risk and, where appropriate, undertaking natural and structural flood management measures, including flood protection, restoring natural features and characteristics, enhancing flood storage capacity, avoiding the construction of new culverts and opening existing culverts where possible; and  avoidance of increased surface water flooding through requirements for Sustainable Drainage Systems (SuDS) and minimising the area of impermeable surface.

SPP Paragraph 266 - The flood risk framework set out above should be applied to development management decisions. Flood Risk Assessments (FRA) should be required for development in the medium to high category of flood risk, and may be required in the low to medium category in the circumstances described in the framework above, or where other factors indicate heightened risk. FRA will generally be required for applications within areas identified at high or medium likelihood of flooding/flood risk in SEPA’s flood maps.

10.3 Policy Response: Flood Risk The lower plateau on the northern part of the site has been identified as a flood plain with medium risk (1:200) of river flooding. Due to these flooding issues the school buildings will be located on the upper plateau part of the site. The proposed development site is comprised of a number of different types of land use as well as areas at varying levels of flood risk. The Land Use Vulnerability Classification ranges from Water Compatible Uses to Most Vulnerable Uses. All uses are considered to be appropriate in accordance with SPP 2014.

A site specific flood risk assessment was undertaken in accordance with a Level 1 Flood risk Assessment. The flood risk assessment has been carried out to determine the flood risk to the site of the KLEC and allow these findings to be taken into account when developing the proposed development. A review of the available existing data and relevant consultations has shown that the development site is at risk from fluvial flooding. A Level 2 Flood risk assessment review of the available existing data and relevant consultations has also shown that the development site is at risk from fluvial flooding. It is recommended that surface water flooding could be assessed further as part of the Level 2 risk assessment. The possibility of groundwater flooding may be investigated further in the Level 2 FRA following information from the ongoing geotechnical investigation.

The proposed site layout identified in the Design and Access Statement proposes locating the school buildings on the highest part of the site and outwith the flood area with sports facilities such as pitches and track, which are defined as Water Compatible Uses, being located within areas more vulnerable to flooding.

The provision of SUDS and drainage infrastructure are issues for the Council in its role as the flood prevention authority to consider as part of the ongoing site assessment process.

Policy conclusion 10: With regards to flood risk assessment, a site specific flood risk assessment was undertaken in accordance with a Level 1 Assessment. The lower plateau on the northern part of the site has been identified as a flood plain with medium risk (1:200) of river flooding. Within the new proposed campus layout, the school buildings will be located on the upper plateau whilst sports facilities and parking provision, defined as Water Compatible Uses, will be located on the lower lying land most at risk of flooding. It is considered that the proposal therefore accords with LDP policy ENV11 subject to consultation with Council’s Flooding Officer. A Sustainable Drainage Strategy (SuDS) is proposed with features such as filter drains, swales, permeable surfaces, bio-retention (rain garden) which provide the first level of treatment, are being implemented within the scheme drainage proposals.

11.1 Ecology/ Biodiversity – LDP ENV6: Nature Conservation LDP policy ENV6 states ‘The importance of nature conservation and biodiversity will be fully recognised in the assessment of development proposals. This will be achieved by ensuring that: (i) Any development likely to have a significant effect on a Natura 2000 site which is not directly connected with or necessary to its conservation management must be subject to a “Habitats Regulations Appraisal”. Such development will only be approved if the appraisal shows that there will be no adverse effect on the integrity of the site; (ii) Any development affecting a SSSI will only be permitted where it will not adversely affect the integrity of the area or the qualities for which it has been designated or where any significant adverse effects on the qualities for which it is designated are clearly outweighed by social, environmental or economic benefits of national importance. (iii) Any development that may adversely impact on areas of local importance for nature conservation, including provisional wildlife sites, local geodiversity sites and local nature reserves, will be expected to demonstrate how any impact can be avoided or mitigated. (iv) If there is evidence that protected species may be affected by a development, steps must be taken to establish their presence. The planning and design of any development which has the potential to impact on a protected species will require to take into account the level of protection afforded by legislation and any impacts must be fully considered prior to the submission of any planning application. (v) Any new development must protect, and where appropriate incorporate and/or extend, existing habitat networks, helping to further develop the Central Scotland Green Network in Ayrshire.

The Council will apply ‘the precautionary principle’ where the impacts of a proposed development on nationally or internationally significant natural heritage resources are uncertain but there is sound evidence indicating that significant irreversible damage could occur.’

11.2 Ecology/ Biodiversity – SPP SPP Paragraph 194 - The planning system should:  facilitate positive change while maintaining and enhancing distinctive landscape character;  conserve and enhance protected sites and species, taking account of the need to maintain healthy ecosystems and work with the natural processes which provide important services to communities;  promote protection and improvement of the water environment, including rivers, lochs, estuaries, wetlands, coastal waters and groundwater, in a sustainable and co-ordinated way;  seek to protect soils from damage such as erosion or compaction;  protect and enhance ancient semi-natural woodland as an important and irreplaceable resource, together with other native or long-established woods, hedgerows and individual trees with high nature conservation or landscape value;  seek benefits for biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats; and  support opportunities for enjoying and learning about the natural environment.

11.3 Policy Response: Ecology/ Biodiversity The area of proposed development is not located within a European or Nationally designated site. No statutory designated sites fall within 2 km of the site location. The site does not fall within or form part of a non-statutory Local Wildlife Site. A Phase 1 Habitat Survey concluded that proposals for the site are unlikely to impact on statutory designated sites due to distance and lack of connectivity between the sites. As part of the Phase 1 Habitat Survey, an existing sports pavilion within the site boundary was identified as having low bat roost potential. Subsequently, a visual inspection identified the presence of bats. All British bat species are fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) and are included on Schedule 2 of the Conservation of natural Habitats Regulations (2010) as European Protected Species. The Phase 1 Habitat Survey concluded that: ‘It is considered that there are no ecological ‘show stoppers’ to development, although there are some key ecological receptors to consider if the site is developed.’ Furthermore, the survey identified key recommendations to be undertaken. For example, the old academy buildings, proposed for demolition as part of the site redevelopment, were identified as having high bat roost potential. It is important therefore, that additional bat survey checking is undertaken to clarify whether bats are present in the old school buildings and that as necessary, appropriate mitigation occurs. As part of the ongoing site assessment process, a formal Ecological Impact Assessment (EcIA) may be required.

Policy conclusion 11: As part of the Phase 1 Habitat Survey, aimed at assessing the ecological value of the proposed site, a structure within the site boundary was identified as having high bat roost potential. All British bat species are fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) and are included on Schedule 2 of the Conservation of Natural Habitats Regulations (2010) as European Protected Species. It is important that the conclusions of the Phase 1 Habitat Survey are noted and accepted, and therefore, additional bat survey checking should be undertaken to clarify whether bats are present in the old school buildings. To accord fully with LDP policy ENV6 point (iv) proposals must be prepared and submitted to the Council for approval detailing how the applicants will manage and mitigate the impact of the development on any bats and other protected species that may be found on the site. Subject to this being completed, the proposal is considered to accord with policy ENV 6.

12.1 Listed Buildings/ Archaeology – LDP ENV1: Listed Buildings LDP policy ENV1 states ‘Listed buildings play an important role in defining and enhancing the quality of East Ayrshire’s environment and contribute to the character of local communities. The Council will support:  The retention and preservation of all listed buildings and buildings within conservation areas.  The adaption and re-use of listed buildings and buildings within conservation areas to meet modern requirements, where this can be achieved in a manner sensitive to the character of the building.

Proposals for the total or partial demolition of a listed building will only be supported where it can be demonstrated beyond reasonable doubt that every effort has been made to retain the building. Demolition will only be acceptable where it can be evidenced that: (i) the building is not of special interest; or (ii) the building is incapable of repair; or (iii) the demolition of the building is essential to delivering significant benefits to economic growth or the wider community; or (iv) the repair of the building is not economically viable and that it has been marketed at a price reflecting its location and condition to potential purchasers for a reasonable period.’

ENV 2: Scheduled Monuments and Archaeological Resources LDP policy ENV2 states: ‘Development that would have an adverse effect on Scheduled Monuments or on their settings shall not be supported unless there are exceptional overriding circumstances. Other archaeological resources should be preserved in situ wherever possible. The developer may be required to supply an archaeological evaluation report prior to the determination of a planning application. Where the case for preservation does not prevail the developer shall be required to make appropriate and satisfactory provision for archaeological excavation, recording, analysis and publication in advance of development.’ West of Scotland Archaeological Service (WoSAS) has recommended that a programme of archaeological evaluation should be conducted in advance of development of the site. This would need to address the large area of greenfield land on the northern side of the Lugar Water, and excavate specific trenches on the southern side of the river, to target the site of the former mill, and to determine whether any elements of it survive below ground level. This advice is summarised in sections 5.2.3 and 5.3.1 of the Historic Environment Desk-Based Assessment submitted in support of the current application. 12.2 Listed Buildings/ Archaeology – SPP SPP Paragraph 141 - Change to a listed building should be managed to protect its special interest while enabling it to remain in active use. Where planning permission and listed building consent are sought for development to, or affecting, a listed building, special regard must be given to the importance of preserving and enhancing the building, its setting and any features of special architectural or historic interest. The layout, design, materials, scale, siting and use of any development which will affect a listed building or its setting should be appropriate to the character and appearance of the building and setting. Listed buildings should be protected from demolition or other work that would adversely affect it or its setting.

SPP Paragraph 150 - Planning authorities should protect archaeological sites and monuments as an important, finite and non-renewable resource and preserve them in situ wherever possible. Where in situ preservation is not possible, planning authorities should, through the use of conditions or a legal obligation, ensure that developers undertake appropriate excavation, recording, analysis, publication and archiving before and/or during development. If archaeological discoveries are made, they should be reported to the planning authority to enable discussion on appropriate measures, such as inspection and recording.

12.3 Policy Response: Listed Buildings/ Archaeology It is recommended that a programme of archaeological evaluation is agreed with WoSAS prior to any works taking place.  It is essential that the evaluation should comprise a programme of intrusive evaluation trenching and;  That the developer is aware that the evaluation may represent only the initial stage of a multi-phase programme of evaluation fieldwork. Dumfries House lies to the west of the Broomfield, over the Lugar Water. Dumfries House is A-Listed and its policies are on the Inventory of Historic Gardens and Designed Landscapes. A number of other listed buildings and structures are present within the designed landscape. Advice from Historic Environment Scotland indicates that the development has the potential to affect Dumfries House. Advice within the Landscape and Visual Impact Assessment states ‘The sensitivity of the area is considered to be high, primarily due to the nationally protected status of Dumfries House. The magnitude of change to the landscape will be moderate, with a moderate proportion of the area affected by visibility of the development. The overall effect of the Proposed Development however is considered to be moderate/minor adverse, and not significant, due primarily to the fact that the closest and most adversely affected areas (the waste water treatment works and adjoining farmland) no longer make an important contribution to the value of the Designed Landscape’. There are no listed buildings found within the site boundary of the proposed development, but there is a cluster of listed buildings to the east of the site in Cumnock Town centre and two buildings in close proximity. Broomfield is a category B listed building located on Auchinleck Road. Broomfield is located outside of the red line boundary of the proposed development site but within 250m of the site boundary. Additionally Lochnorris is a category B listed building located on Auchinleck Road. Lochnorris is also located outside of the proposed development site boundary but lies within 250m of the site. Advice within the Landscape and Visual Impact Assessment states The sensitivity of the area is considered to be medium/low, with many of its existing characteristics relating well to the proposed development, or unlikely to be diminished. The magnitude of change to the landscape will be moderate/minor, with limited areas affected by visibility of the development, predominantly at relatively long distances. The overall effect of the Proposed Development is considered to be minor/negligible adverse, and not significant.

Policy conclusion 12: Although no listed buildings are located within the proposed development site, A-Listed Dumfries House lies to the west of Broomfield, over the Lugar Water. Dumfries House is, and its policies are, on the Inventory of Historic Gardens and Designed Landscapes. The Landscape and Visual Impact Assessment (LVIA) states that ‘the overall effect of the Proposed Development is considered to be moderate/minor adverse, and not significant, due primarily to the fact that the closest and most adversely affected areas no longer make an important contribution to the value of the Designed Landscape.’ This is accepted. Broomfield and Lochnorris are category B listed buildings located on Auchinleck Road. Advice within the LVIA states ‘The sensitivity of the viewpoint is considered to be low/medium and that there is no evidence of value being placed on this specific view.’ This conclusion is also accepted. In accordance with LDP policy ENV 2, West of Scotland Archaeological Service (WoSAS) has recommended that a programme of archaeological evaluation should be conducted in advance of development of the site including a programme of intrusive evaluation trenching. Subject to the above, the proposals are considered to be accordance with LDP policies ENV1 and ENV2.

13.1 Infrastructure/ Sustainable Resources – LDP INF1: Service Infrastructure LDP policy INF1 states ‘The Council will encourage all service providers to improve, augment, and expand existing service infrastructure throughout East Ayrshire in order to meet demand. Such developments will be supported by the Council where it can be demonstrated that there would be no detrimental impacts on the landscape, natural and built heritage designations or on the road network and where the proposal meets with all other relevant LDP policies.’ WM1: Sustainable Waste Management LDP policy WM1 states ‘All development will require to meet with the aims of the Zero Waste Plan and follow the principles of the Waste Hierarchy, that is, give highest priority to the prevention of waste followed by reuse, recycling, then recovery of other value (e.g. energy) with disposal as the last option. To help achieve these aims, the Council will particularly encourage developers to minimise the use of primary materials and make efficient use of secondary materials. There will be a presumption against the development of major new landfill waste disposal sites within the period of the LDP.’ WM2: Existing Waste Management Facilities ‘East Ayrshire’s existing waste management installations are safeguarded on the LDP maps. Any proposed new development within the vicinity of these facilities which has the potential to compromise or inhibit waste handling operations will not be supported by the Council’ WM3: Sustainable Waste Management LDP policy WM3 states ‘The design of all new developments, including commercial, business, industrial and residential, will be required to make provision for waste separation and collection. This should include, but is not restricted to, waste storage, kerbside collection and mini recycling facilities. The Council will particularly be supportive of new developments that provide, where appropriate, at-source segregation or separate collections in order to increase the amount and quality of recyclable materials and to minimise the potential for cross- examination of materials. The Council will require all major and certain more significant local developments to provide Site Waste Management Plans to demonstrate how waste generation will be minimised during the construction and operational phases of the development.’ WM4: New Waste Management Infrastructure and Facilities Proposals for new and extended waste management infrastructure and facilities, including any activity which is ancillary to an industrial process, will be supported by the Council only where the proposed development meets all the following criteria: (i) While a significant shortfall of waste management infrastructure exists, suitable locations for new waste facilities will be supported; (ii) The proposal is proposed within a suitable location, unless it can be demonstrated that there is a site specific locational need to locate elsewhere. Suitable locations are defined as:  Land identified for Business, Industry and Storage and Distribution purposes on the LDP maps particularly those which contain other heavy or specialised industrial uses;  Existing waste management sites or sites close to existing waste management facilities;  Areas of degraded, contaminated or derelict land;  Sites previously occupied by waste management facilities;  Existing or redundant sites or buildings that can be easily adapted;  Sites that have the potential to maximise the re-use of heat generated from waste through co-location with potential heat users;  Existing railheads, and other suitable sites located close to railways or junctions in the strategic road network. (iii) The proposal can accommodate an adequate buffer zone and screening between surrounding sensitive receptors such as dwellings, settlements, natural heritage resources worthy of protection and the new facility itself. (iv) The proposal can demonstrate that measures will be put in place to prevent and control contamination of the surrounding area and the degradation of environmental amenity by:  Wind blown material and dust;  Production of landfill gas;  Pollution of groundwater and watercourses by on-site operations;  Vermin and bird nuisance; and  Noise and smell nuisance. (v) The proposal has no adverse impacts on the existing road network. (vi) The proposal will have no unacceptable adverse impacts on the amenity of nearby residents and settlements and of residents of properties located along the transport routes to the site. (vii) The proposal will not have an unacceptable adverse impact on the natural and built heritage (including historic gardens and designed landscapes), visual amenity and the landscape character of the area. (viii) The proposal provides full operational details, restoration proposals where appropriate; and after use of the development site. (ix) The proposal can demonstrate that the site is not at risk of flooding. Development proposals which do not meet or comply with all of the above criteria or which are considered to have an unacceptable adverse impact on amenity of the natural and built environment will not be supported by the Council. Where there is a proliferation of separate waste management facilities within close proximity to a local community or within a particular settlement, then the Council, wherever possible or feasible, will encourage the combination of different waste management processes within a single site. The Council will also ensure that any co- location of facilities within a single site will not result in unacceptable cumulative impacts on, or unduly adversely affect, the amenity of the area or of local amenities. In line with the spatial strategy and settlement hierarchy, all new major waste facilities will, in the first instance, be directed to whichever of the five towns of Kilmarnock, Cumnock, Galston, Stewarton or Dalmellington is in closest proximity to the source of the waste. WM8: Waste Collection and Mini-Recycling Facilities LDP policy WM8 states ‘The Council will encourage and support the development of small scale centralised waste collection and mini recycling facilities such as bottle banks etc. within areas easily accessible to the public, including:  town centre and supermarket car parks;  car parks associated with commercial leisure developments;  industrial estates, retail, commercial, office and business locations;  schools and other educational establishments; and  new housing developments.

In the case of proposed new developments of the types detailed above, such facilities should be provided as an integral part of the original design for any development proposal. These facilities should be located in easily accessible locations which do not impede natural surveillance or prejudice the efficient operation of the areas in which they are situated. Proposals to develop larger scale HWRCs to meet the needs of local communities at appropriate locations, in or close to existing centres of population, will also be supported by the Council, subject to meeting all relevant policies.’ CUMNOCK 6 Under Volume 2, Cumnock Development Opportunities, Cumnock 6 states, ‘The LDP safeguards the following site for waste management purposes:- site ref 008W, Underwood Depot, Underwood Road (Site area 1.18 ha). ENV12: Water, air and light and noise pollution Regarding water quality LDP policy ENV12 states ‘In line with the Water Framework Directive, the Council will give priority to maintaining and improving the quality of all water bodies and ground water. There will be a presumption against any development that will have an adverse impact on the water environment in terms of pollution levels and the ecological value of water habitats. Where developments are proposed on or close to existing water bodies, design solutions should explore how best to maintain their water quality and, where possible improve the water bodies through maintaining them as wildlife corridors where biodiversity can be improved. Maintenance access buffer strips of a minimum 6 metres in width should be provided between the development and the adjacent watercourse. The Council will not be supportive of developments which will, or which have the potential to, cause significant adverse impacts on water bodies as a result of morphological changes to water bodies such as engineering activities in the form of culverts or changes to the banks or bed. Development will be required to connect to the public sewerage system, where possible, and manage surface water through sustainable drainage systems (SuDS). Regarding air quality LDP policy ENV12 states ‘All developers will be required to ensure that their proposals have minimal adverse impact on air quality. Air quality assessments will be required for any proposed development which the Council considers may significantly impact upon air quality, either on its own or cumulatively. Development that will have a significant adverse impact on air quality will not be supported.’ Regarding light pollution LDP policy ENV12 states ‘All development proposals must incorporate design measures which minimise or reduce light pollution. Developers will require to demonstrate that consideration has been given to reducing light pollution, by minimising unnecessary lighting and using the most appropriate forms of lighting to carry out specific tasks. Within the Dark Sky Park and surrounding area, particular priority is given to minimising light pollution, to maintain the integrity of the designation.’ Regarding noise disturbance LDP policy ENV12 states ‘All new development must take full account of any Noise Action Plan and Noise Management Areas that are in operation in the area and ensure that significant adverse noise impacts on surrounding properties and uses are avoided. A noise impact assessment may be required in this regard and noise mitigation measures may be required through planning conditions and/or Section 75 Obligations.’ ENV 14: Low and Zero Carbon Buildings LDP policy ENV 14 states ‘In order to meet with the requirements of Section 3F of the Town and Country Planning (Scotland) Act 1997 (as amended), development proposals will be required to incorporate low and zero carbon generating technologies to reduce greenhouse gas emissions. Proposals for all new buildings will require to demonstrate that at least 10% of the carbon emissions reduction standard set by the Scottish Building Standards (2010) will be met through the installation and operation of zero carbon generating technologies. This percentage will increase to 15% from the beginning of 2019 and will be reviewed in 2021...’

13.2 Infrastructure/ Sustainable Resources – SPP SPP Paragraph 154 - The planning system should:  support the transformational change to a low carbon economy, consistent with national objectives and targets, including deriving: o 30% of overall energy demand from renewable sources by 2020; o 11% of heat demand from renewable sources by 2020; and o the equivalent of 100% of electricity demand from renewable sources by 2020;  support the development of a diverse range of electricity generation from renewable energy technologies – including the expansion of renewable energy generation capacity – and the development of heat networks;  guide development to appropriate locations and advise on the issues that will be taken into account when specific proposals are being assessed;  help to reduce emissions and energy use in new buildings and from new infrastructure by enabling development at appropriate locations that contributes to: o Energy efficiency; o Heat recovery; o Efficient energy supply and storage; o Electricity and heat from renewable sources; and o Electricity and heat from non-renewable sources where greenhouse gas emissions can be significantly reduced.

SPP Paragraph 176 - The planning system should:  promote developments that minimise the unnecessary use of primary materials and promote efficient use of secondary materials;  support the emergence of a diverse range of new technologies and investment opportunities to secure economic value from secondary resources, including reuse, refurbishment, remanufacturing and reprocessing;  support achievement of Scotland’s zero waste targets: recycling 70% of household waste and sending no more than 5% of Scotland’s annual waste arisings to landfill by 2025; and  help deliver infrastructure at appropriate locations, prioritising development in line with the waste hierarchy: waste prevention, reuse, recycling, energy recovery and waste disposal.  SPP Paragraph 289 - Consideration should be given to how proposed development will contribute to fulfilling the objectives of ‘Switched On Scotland – A Roadmap to Widespread Adoption of Plug-in Vehicles.’ Electric vehicle charge points should always be considered as part of any new development and provided where appropriate.

13.3 Policy Response: Infrastructure/ Sustainable Resources The Council is committed to delivering an inclusive learning environment where state- of-the-art facilities are provided for all children, young people and members of the community. While the need for the new facilities has been justified on educational grounds the need for the school campus can also be justified in planning terms. There will be enhanced community facilities available at the proposed new campus which are likely to have a positive impact on the health of local communities. Additionally the sports centre at Auchinleck will remain open when the school buildings are demolished and the Council has recently brokered an arrangement with Cumnock Rugby Club and Cumnock Juniors to help improve participation rates in sport for all sections of the community. The Council has agreed to work closely with local groups to consult on what is needed locally in terms of access to the new sports and cultural facilities. As part of the overall KLEC proposal, land at Underwood Depot forms an element of the proposed campus site. Whilst technically contrary to policy WM2, the site does not currently fulfil any significant waste management function or support waste handling operations (other than acting as a parking area for the bin lorries and other vehicles and providing facilities for staff). Arrangements are in place to facilitate transfer of the sites vehicle depot function to the former Stagecoach bus depot site on Ayr Road, Cumnock. A low carbon biomass wood pellet with (back up gas boiler) will supply the school buildings heating requirements as well as its domestic hot water requirements. A district heating network is also proposed to supply the Visions Leisure Centre and the Rugby Club. It may be possible to extend the district heating to the north of the campus site to meet future developments. The waste management strategy establishes the principles for the collection of waste both internally and externally across the site. Throughout the building there will be a number of waste recycling points supporting a range of waste streams including recyclable, and non-recyclable materials. The locations of these bins will be agreed in future design stages. Collection from internal waste points will be taken to the main waste compound adjacent to the Energy Centre and the Northern Car Park. Within the compound handling space for the processing of waste together with compactors for a number of waste streams will be provided. It is proposed that refuse vehicles will enter the waste compound directly from Underwood Road to collect and remove the waste off site. A dedicated parking and charging point, if applicable will be provide for the service vehicle unit within the compound. All proposals will require to meet with the Renewable Energy Assessment Criteria set out in Schedule 1 of the LDP. Thermal treatment plants will also require to meet with SEPA’s Thermal Treatment of Waste Guidelines 2014. The KLEC proposal will feature the use of SuDS as a key element of the schemes flood attenuation strategy. In accordance with latest SuDS advice in SuDS manual CIRIA 2015 a key aim of employing the use of a SuDS scheme is to improve water quality through attenuating flood waters.

Air WSP Parsons Brinckerhoff has been commissioned by the Council to undertake an air dispersion modelling study to assess the potential air quality impacts of the proposed biomass plant. The assessment considered the impacts of emissions on ambient concentrations of NO2 and PM10; subsequently a PM2.5 assessment has become a requirement of the National Air Quality Strategy. Additional survey work will may therefore be required to assess potential impacts of this new indicator. The conclusions of an Air Quality Assessment of Emissions from Energy Centre Plant Report were that ‘In conclusion, no exceedances of air quality objectives are predicted as a result of the operation of the biomass plant at the Knockroon Learning and Enterprise Campus and, as a result, no significant adverse health effects are expected.’ Light The lighting around the building on paths etc. will be timed to be in only during school hours. Typically the lighting will utilise LED optics on 4m or 5m columns. There will be additional building mounted security lighting that will be sensor controlled to operate with the CCTV. Main pitches and running track will have 20m high sports lighting columns. These will be controlled from the Sports Reception via the booking system. Noise A noise impact assessment report was undertaken by the applicant in support of the development proposal. The assessment concluded: ‘Using the Absolute Assessment the calculated activity noise levels exceed the proposed minimum noise level target by 3dB at the residential properties to the south, they still fall below the threshold noise level target’; Using the Comparative Assessment the change in noise levels due to a worst-case operation of the proposed sport pitches is predicted to range between 3 to 10 dB at the nearest residential properties to the south of the site. The assessment concluded that: ‘This results to an impact ranging from slight to substantial’. Although the applicant’s assessment shows that the impact significance of sports activities is likely to range from slight to substantial at the nearest residential properties, the absolute assessment shows that noise levels generated by sports activities is unlikely to exceed the acceptable external noise threshold. However, in reference to Artificial Grass Pitch (AGP) Acoustics – Planning Implications, the applicant has indicated that the comparative method is applicable only when existing noise levels are already elevated, which is not the case for the development site. They state that the results of the comparative assessment should be considered indicative and informative, more than definite. South facing secure external play space is provided between the school building and the top of the uppermost embankment. The applicant takes the view that this allows the building to act as an acoustic buffer which will help to mitigate the impact of noise from the play areas on adjacent residences. A 3m high ball-stop fence, in combination with an acoustic barrier, will be installed on the southern elevation of the southern side to protect adjacent properties on Hamperbank Grove from noise and nuisance. Odour The proximity of the Sewage Treatment Works (STW) and Water Treatment Plant (WTP) immediately adjacent to the west of the site is a potential constraint on development. As part of the ongoing site assessment process, an Odour Impact Assessment has been carried out on behalf of the applicant by WSP/Brinckerhoff. Assessment findings stated: ‘Occasional odour nuisance has been predicted to occur in the Additional Support Needs entrance, the Early Childhood Centre entrance, Primary Pupil entrance and the Main entrance. Should odour nuisance occur within classrooms and internal areas of the campus buildings, then this can be mitigated through limiting intrusion of external air in the northern section for the campus buildings during episodes of odour nuisance’ and the applicant’s consultant’s further state: ‘In preparation of any additional odour mitigation being required within the classrooms and indoor areas of the campus buildings to the north, a provision for ventilated air within these buildings to undergo carbon filtration is recommended. The applicant’s consultants have indicated that: ‘This could take the form of filter unit chambers, with carbon filtration fitted retrospectively should odour nuisance occur and the need arise’.

Policy conclusion 13: It is considered that the KLEC accords with LDP Infrastructure/ Sustainable Resources policy INF1. There are no unacceptable impacts on landscape, and natural and built heritage designations. The impact on the road newtwork as detailed above is acceptable. State-of-the-art facilities are to be provided for EA’s children, young people and members of the community including new schools; an early childhood centre; a business start-up unit; sports pitches; a new pedestrian bridge across Lugar Water; and a playground. There will be enhanced community facilities available at the proposed new campus which will have a positive impact on the health of local communities. The sports centre at Auchinleck will remain open whilst the Council has brokered an arrangement with Cumnock Rugby Club and Cumnock Juniors to develop participation in sport for all sections of the community. The loss of a safeguarded waste management site (ref 008W) whilst technically contrary to policy WM2 and Cumnock 6, has to be weighed against the benefits of implementing PROP 5. Site 008W does not currently fulfil any significant waste management function or support significant waste handling operations (other than acting as a parking area for the bin lorries and other vehicles and providing facilities for staff). Alternative arrangements for waste and other vehicle parking has already been made with proposals for welfare facilities under investigation. The planning balance is, therefore, between the loss of the sites capacity to accommodate any future potential waste management requirements as weighed against the benefits proposed through PROP 5. In this instance the benefits are substantial and given that other potential waste handling sites have been identified and existing arrangements can continue, the loss of the sites safeguarding can be accommodated. The waste management strategy establishes the principles of the procedure for the collection of waste both internally and externally across the site. Air, Light, Noise and Odour pollution With regards to whether the proposals accord with LDP policies ENV12, consultation with SEPA is required which has been clarified via consultation as noted elsewhere within this report. As part of the ongoing site assessment process, consultants have produced a variety of technical reports and assessments to support the KLEC application including air dispersion modelling study to assess the potential air quality impacts of the proposed biomass plant; potential impacts arising from lighting around the campus building on paths etc; a noise impact assessment report; and an Odour Impact Assessment has been carried out.

Policy Conclusion

Notwithstanding the above, considered in the round, and against all relevant policies in LDP and SPP, the balancing judgement of the Planning Policy Team is that the proposal does represent sustainable development and that it meets the requirements of the LDP but that this conclusion is nevertheless, as detailed above, subject to further comments that may be received from key consultees and those with special knowledge.

In summary the proposal, subject to the various comments and the receipt of further information where relevant as detailed in the body of the report above, is considered to be in accord with policies OP1, TC2, T1,2, and 4, RE2 and11, INF1, 4, 6 and 7, ENV1,2, 4, 6, 8,9 11,12 and 14, WM1, 3, 4 and 8. The masterplan approach meets the requirements of Cumnock PROP 5 and the detailed information submitted in support of the development provides sufficient information to confirm the development potential of the site and its suitability to accommodate a school of the size and scale proposed.

The application is however contrary to policy WM2 and proposal Cumnock 6. However a site to replace the parking facilities provided at the Underwood Depot has already been identified and alternative sites to replace site reference 008W are underway.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

121. The principle material considerations relevant to the determination of the application are the consultation responses, the representations, Scottish Planning Policy, Pre-Application Discussions, planning history, European Protected Species and the impact on the amenity of the surrounding area, built design and sustainability, flood risk and drainage, impact on the natural environment, trees, built heritage, designed landscape, landscape impact, landscape, phasing and construction phase, open space, sports provision, fencing and security, access and amenity in general.

Consultation Responses

122. A single consultation response objecting to the proposal was received from a statutory consultee, Scottish Environment Protection Agency (SEPA) and subsequently withdrawn, with matters raised being addressed in the processing of the application. No outstanding objections exist which raise any issues that suggest the application should be refused. The comments of the consultees can be addressed by conditions attached to the permission if Members choose to approve the proposals.

Representations Received

123. The representations received are summarised earlier in this report and are not considered to be of sufficient weight to justify refusal of planning permission.

Scottish Planning Policy (SPP)

124. The Scottish Planning Policy provides a statement on Scottish Government policy on nationally important land use planning matters. The SPP advocates community engagement and seeks to ensure that appropriate land uses are directed to appropriate locations and encourage the reuse of brownfield land. In terms of open spaces and playing fields the SPP seeks to protect open space and identified that playing fields are an important resource for sport and that they should be adequately provided in order to satisfy current and future community demand. Playing fields and sports pitches should not be redeveloped for alternative uses except in specific circumstances.

125. The application is considered to comply with the SPP noting the applicant’s pre- application consultation process undertaken with the local community. The site is also partly brownfield land as detailed above. It is further noted that Sports Scotland do not object to the proposals subject to conditions and that both internal and external sports provisions generally comply with their recommended standards.

Pre-Application Discussions

126. Advice was provided on the pre application consultation requirements and generally on the merits of the proposal. The requirement for a raft of supporting documentation including Transport Assessment (TA), Drainage Impact Assessment (DIA) and design and access statement were discussed in addition to the statutory reports for a Major Development such as Design and Access Statement and Pre Application Consultation Report.

Planning History

127. Owing to the extent of the site the planning history is divided into the site area in general with discernible areas within the confines in whole or in part of the defined site area thereafter:

Overall Site: 16/0027/EIASCR: Screening request for a new learning and enterprise campus, demolition of the existing Cumnock Academy and any associated outbuildings, demolition of sports pavilion at Broomfield and demolition of neighbouring Underwood depot including office structures and salt stores. It was confirmed that an Environmental Impact Assessment was not required on 12 January 2017.

16/0015/EIASCR: Screening request for a new learning and enterprise campus (approximately 22,000m2 gross internal floor area), incorporating: nursery, additional special needs, primary and secondary school buildings for around 2400 pupils; community facilities; indoor and outdoor sports pitches and facilities; business units; plant, renewable energy and utilities infrastructure; public realm; drainage and suds; landscape; boundary treatments and security; open space; footbridge; access; pick-up and drop-off; car parking; wayfinding and signage; demolition of existing buildings and structures. Tt was confirmed that an Environmental Impact Assessment was not required on 11 August 2016.

16/0007/PREAPP: Pre-application for a new learning and enterprise campus (approximately 22,000m2 gross internal floor area), incorporating: nursery, additional special needs, primary and secondary school buildings for around 2400 pupils; community facilities; indoor and outdoor sports pitches and facilities; business units; plant, renewable energy and utilities infrastructure; public realm; drainage and suds; landscape; boundary treatments and security; open space; footbridge; access; pick-up and drop-off; car parking; wayfinding and signage; demolition of existing buildings and structures. The Pre Application Notice which confirmed the pre application consultation arrangements for the forthcoming planning application and was accepted on 10 June 2016 with additional consultation being required by the Planning Authority over and above the statutory minimum.

15/0026/EIASCR: Screening request for a new learning campus. It was confirmed that an Environmental Impact Assessment was not required on 8 October 2015.

15/0022/PREAPP: Proposal of Application Notice for merged Auchinleck and Cumnock Academy, Supported Learning Centre, Greenhill Primary and Early Childhood Centre, Barshare Primary, Supported Learning and Early Childhood Centre, and Hillside Special Education Needs Schools. Pre Application Notice which confirmed the pre application consultation arrangements for the forthcoming planning application and was accepted on 29 September 2015 with additional consultation being required by the Planning Authority over and above the statutory minimum.

In relation to, or within proximity of, Cumnock Academy:

13/0664/PP: Proposal to install a mechanical ventilation system to the Games Hall entailing the installation of ventilation ductwork internally to the Games Hall at high level, with an external air handling unit (AHU) mounted on a concrete plinth at the back of the hall within a screened area. The AHU will be mounted at ground level with interconnecting ductwork running from the AHU into the Games Hall, through the existing gable end wall. Development proposal located at Cumnock Academy. The application returned because the applicants reconsidered their proposals.

04/0660/LA: Proposed formation of Multi Use Games Area (MUGA) with synthetic turf finish and associated fencing and lighting. This proposal was approved with conditions on 13 September 2004 and is situated to the east of the existing Cumnock Academy.

In relation to, or within proximity of, Visions Leisure Centre:

05/1212/FL: Proposed alterations to existing building to increase the existing leisure facility. The proposal was approved on 16 January 2006.

03/0226/FL: Proposed swimming centre. The proposal was approved with conditions on 15 August 2003.

02/076/OL: Proposed swimming centre. The proposal was approved with conditions on 14 February 2003.

00/0039/OL: Proposed new swimming centre with ancillary sports and care facilities. This proposal was approved with conditions on 11 August 2000.

In relation to, or within proximity of, Underwood Depot:

01/0789/LD: Proposed use for temporary storage of road construction waste at Underwood Depot. This proposal was approved with conditions on 17 December 2001.

99/0299/LA: Proposed erection of a salt storage dome at Underwood Depot. This proposal was approved with conditions on 4 June 1999.

In proximity to Broomfield House:

12/0004/TP: Felling and removal of one sycamore. Tree located to north west of Broomfield House. Approved with conditions 6 March 2012.

09/0467/FL: To site cargo container to store equipment for Cumnock Highland Games. Approved with conditions 17 December 2009.

A number of planning applications were also noted in relation to the Scottish Water Waste Treatment Works (WWTW) adjacent to the Underwood Depot site, however such are located outwith the site boundary and not considered to be of direct relevance to the application under consideration beyond the nature and active use of the WWTW.

Impact on the Surrounding Area

128. The campus has been designed to take account of the impact on the adjacent residential properties. The proposed building is positioned on the upper plateau of Broomfield Park and is located to achieve a reasonable separation distance from existing houses, notably those in Terringzean View and at Nos. 1 & 2 Underwood Road. This location permits the existing school to remain in operation during the build, avoids the flood risk area in closer proximity to the Lugar Water and allows for a dual road access to serve vehicular transport requirements to the site thereby easing traffic congestion.

129. Block AC is in closest proximity to the nearest houses in Terringzean View. This is one of the two larger blocks at 3 storeys in height. It is however separated from the nearest residential property by approximately 36.5 metres, with proposed intervening landscaping and access provision. There is also a drop in gradient between the campus site and the properties in Terringzean View. It is considered therefore that whilst the new campus building will be a significant new built presence in relation to the housing development at Terrigzean View it will not be overly dominant nor lead to unacceptable amenity impacts in relation to adverse effects accruing from loss of daylight, sunlight or privacy. The demolition of the existing complex of buildings comprising Cumnock Academy will result in an open aspect comprising of two grassed pitches and car parking. The intervention of the new school campus buildings between Terrigzean View and the proposed pitches allied to the will aid in reducing light spill from the proposed floodlighting for the 2 new artificial pitches on the Broomfield Park side of the development thereby reducing the likelihood of light spill.

Built Design & Sustainability

130. This is a major built development for Cumnock, in a prominent location on entry to the town from Auchinleck. An appropriate methodology and site masterplanning exercise is considered to have been undertaken which has informed the layout of the proposed built elements of the development. It is recognised that a design and access statement has been prepared in support of the proposed campus, document reference KLEC-SRA-XX-XX-RP-A-0008. As would be expected this document takes the reader on a journey from policy context through development brief, site selection, analysis and context appraisal, through design phases, sustainability, access and consultation exercises which have, in combination, informed the proposal.

131. The design is considered to be contemporary and appropriate in the context of adjacent modern residential development, most significantly Terringzean View, and also in association with the Scottish Water site in the northern, Broomfield Park, area of the site. Built design elements in the southern part of the site will be limited given the demolition of Cumnock Academy to be replaced by grassed playing fields and parking areas.

132. It is recognised that the building, owing to its size and scale, will be a significant new built feature within the townscape. Whilst locally impressive in both scale and form, it is not considered that the proposed development would be out of keeping nor excessively dominant in relation to neighbouring land uses and residential development and will sit comfortably within the site. The curved linear form, layout, heights and depths of the main built elements of the development have been subject to description and comment in previous sections above. It is considered that this design makes good use of the topography of the site, utilises forms and heights of structure to create architectural rhythm whilst also breaking-up the massing of the building which is further aided by appropriate landscape design and retention of existing mature parkland trees. The finishes and forms allied to a muted palette of colours and finishes is also considered to add positively to the design, although further detail of such requires to be secured. The sports block (block BZ) whilst largely avoiding glazing for practical purposes seeks to avoid an excessively oppressive or monolithic form through the use of panels of feature brickwork and recessed panels of brickwork with elements of curtain walling.

133. The impression of complexity of otherwise simple roof forms, typically either flat or in corrugations, running with the contour of the land, is considered to aid in setting the development within the landform. This allied with differing heights of the various main elements of the development, rising from two storey in the outer elements to three storeys in the inner two blocks, likewise assist in breaking up the massing of the development.

134. There is a notable distinction between the outward looking north elevation of the main sweep of campus buildings which is considered to have a more formal character. This is accentuated by access, parking and landscaping features, not least of which is the clearly defined tree lined avenue to the front entrance. The southern elevation has a greater emphasis on external circulation space as befits the areas design to encourage outdoor activity, congregation and access by pupils. This layout also aids amenity by virtue of the buildings intervening between main external circulation space and sports facilities from the adjacent residential area of Terringzean View to the north east. Overall it is considered the design and layout of the proposal is of an appropriate standard.

135. The energy centre (building CZ) stands apart from the main linear sweep of the campus buildings and will be viewed in association with the industrial Scottish Water site and buildings. The energy centre will be a notable feature on accessing the main north site car park. This building is unashamedly functional with a range of geometric shapes informed by the functional structure both of the building itself and the various tanks, vessels and structures in the immediate vicinity. It is also recognised that the energy centre will be viewed in the context of the neighbouring Scottish Water industrial site. In association with consideration of the principal campus buildings, it is considered that further detail of the material finishes of all buildings on the site is required and the final agreement of all external finishes and surfaces, can be addressed by planning condition if the application is subject to approval by Members.

136. The campus buildings have been designed to appropriate EPC B+ (Energy Performance Certificate) Rating, undergo BREEAM benchmarking and will use natural cross ventilation and modern heating methods. The aim of the proposal is to meet a ‘very good’ rating within the scale of BREEAM and a ‘pass’ under section 6 of the Building Regulations environments, materials specification, ecology and waste all considered as achievable.

137. The development will be assessed in terms of sustainability through section 7 of the Scottish Building Standards Technical Handbook which assesses eight aspects of sustainability – CO2 emissions, energy, water efficiency, well-being, material use and waste, flexibility and adaptability, optimising performance and biodiversity. A minimum level of compliance must be achieved for all buildings within the campus to pass this assessment. Specification of materials, building ventilation, heating and cooling, energy use and lighting are also subject to evaluation. The use of the proposed wood pellet biomass heating system (with back-up gas boiler) for heating and hot water, presents an opportunity for a district heating network to supply the Visions Leisure Centre and the Rugby Club. Further extension of this district heating scheme rationale may be possible. The approach to energy and carbon emissions is considered to follow the hierarchy of passive design; efficient services; CHP & District Heating; Renewable Energy. It is therefore considered that the proposed development could be a significant development to aid in the concept of Cumnock becoming a ‘green town’ given the consideration of sustainability and energy efficiency within the development.

Flood Risk and Drainage

138. Based on SEPA flood risk data the proposed development indicates a significant betterment of flood risk. The current Cumnock Academy site is situated in an area of flood risk whilst the proposed new campus buildings are located outwith the flood risk area. This matter informed the consideration of an appropriate location in which to site the proposed campus buildings. Matters were raised by SEPA as noted in the above sections which initially led to an objection based on flooding matters. This objection was withdrawn subject to points of clarification in relation to the impact of the development to the culvert by Terringzean View, a more detailed consideration of levels of the artificial pitch provision in relation to landraising within the flood plain and in relation to the soffit level of the bridge crossing the Lugar Water within the site boundary. It is also noted that there is no lodged objection, nor concerns raised from the Flooding Officer from Ayrshire Roads Alliance. Appropriate surface water drainage has been identified with foul drainage to the municipal system.

Natural Environment

139. Environmental Impact Assessment (EIA) screening was undertaken as noted in earlier in this report. No EIA was deemed as required. No natural heritage designations exist within the site boundary. An extended Phase 1 Habitat Survey determined the baseline ecological status of the site and prepared a risk assessment for protected species and recommended further work. As a result of recommendations a Technical Ecology Report, tree survey and bat survey - in relation to the Broomfield Pavilion, and the wider area of Broomfield playing fields, was provided in support of the application.

140. In relation to protected species that may be directly impacted by the proposed development Bats and nesting birds have been identified as at the most significant risk as a result of the proposed development.

141. The phased nature of development over an extended time period requires to be addressed and it is recognised that priority has been given to study of the north part of the site where the first two phases of development are to occur. This will involve the demolition of the Broomfield Sports Pavilion, thereby impacting upon probable roosting bats, requiring development licence from SNH owing to potential impacts upon a protected species. Bats are also indicated as potentially using the Cumnock Academy buildings for roosts which will require further survey with mitigation and licensing requirements arising therefrom, were bats found to be present. These matters can be addressed by condition were members to grant permission.

142. Japanese knotweed (Fallopia japonica) is recorded within the wider site area. Indications are that this invasive plant is within the vicinity of the Lugar Water corridor, which apart from the bridging point within the site remains largely unaffected by proposed works. It is considered however that all areas of Japanese knotweed should be clearly identified and subject to appropriate control measures to prevent its further spread. An appropriate control and eradication strategy requires to be devised and acted upon and should be secured as a prerequisite of development. This matter can be addressed by appropriate condition if members choose to grant permission.

143. Further management detail of the wildlife zone proposed in the north-west corner of the Broomfield site is also deemed as required. This will be one of the largest open and freely accessible spaces that remain on the site post development. It is therefore recognised that whilst primarily identified for wildlife benefit it’s retention as open space, removed from formal sports provision, and lends itself to more informal use. Proposals for this area require to be consolidated and planned as the risk with ascribing this area as wildlife meadow could lead to management uncertainty and unnecessary conflict between user groups. This matter can be addressed by appropriate condition if members choose to grant permission.

144. It is considered that natural history, has been adequately considered within the proposal subject to adherence of the supporting information provided including the extended Phase 1 Habitat Survey (Capita 12 February 2016) and Technical Ecology Report (WSP Parsons Brickerhoff, August 2016). This is considered in accordance with policy, as discussed in the above sections of this report. The proposed development has raised no objection from consultees including SNH and EAC Countryside Service. Appropriate conditions can be attached if members choose to grant permission.

Trees 145. The established parkland trees are recognised as important amenity, natural heritage and landscape features, particularly across the Broomfield Park area of the site. The integration of existing mature trees is a key aspiration to aid in the setting of the proposed campus buildings, the positive impacts of which are considered as significant in terms of local landscape impact. The proposed scheme seeks to retain all trees within the site covered by Tree Preservation Order, set in two groups between Blocks AZ and BZ of the campus building and Terringzean View with a further group by Broomfield House. The proposed scheme also seeks to retain the majority of mature structural trees across the site. Unsafe or failing specimens will be removed in the course of the development in addition to select groups to facilitate development. This is balanced by an extensive tree planting scheme across the site bolstering existing stands of trees and providing added structural features within the wider landscaping proposals for the site. Appropriate tree protection measures can be addressed by condition in relation to retained trees, subject to committee consideration. It is considered that further structural tree planting would assist the setting and relationship of the development to the Designed Landscape of Dumfries House along the western boundary of the site. This would assist in addressing the concern/request made by Scotland’s Garden & Landscape Heritage. This can be secured by condition were members minded to support the application.

Built Heritage

146. There are no buildings within the site boundary that are protected under built heritage legislation. However the property occupied by Cumnock Rugby Football Club, Broomfield House, is a B listed structure and is situated immediately adjacent to the site. The setting of Broomfield House is not considered to be significantly impacted upon by the development. It is noted that the built structure and environs of Visions leisure Centre is in closer proximity than the proposed campus buildings, whilst proposed tree planting to the south west of Visions will aid in the view and setting of the campus buildings when viewed from Broomfield House which is approximately 140 metres distant.

147. WOSAS have requested that appropriate archaeological investigative works are undertaken owing to the identification of a historic mill, Green Mill, on the south bank of the river in the vicinity of Cumnock Academy. Little documentary evidence has been found for past use of the Broomfield Park area although it is considered probable that historic use of this area occurred given its likely agricultural value. Were members to support the proposed development a programme of archaeological works can be secured by condition appropriate to the phased nature of the development of the site.

148. Securing an appropriate photographic record of Cumnock Academy is considered prudent owing to the cultural significance of this building beyond any intrinsic architectural merit. This can be secured by appropriate condition were members to support this application.

Designed Landscape

149. It is recognised that part of the identified site is situated within the designated Inventory Garden and Designed Landscape of Dumfries House. The boundary of this designation includes the full extent of the existing EAC Underwood Depot and the existing synthetic sports pitch by Cumnock Academy. Additional structural tree planting along the western boundary of the site on the north side of the Lugar Water is considered necessary to aid screening of the development from the designed landscape in association with Dumfries House. This can be secured by appropriate condition were members to support this application.

Landscape Impact 150. The submitted document ‘landscape and visual impact assessment Document, reference KLEC-RF-XX-XX-RP-L-003, dated 10.01.2017 produced by Rankinfraser landscape architects has been used to inform landscape and visual impacts arising from the proposed development. The proposed development sits within an urban fringe setting within a wider landform falling towards the Lugar Water. The proposal will introduce a significant new built structure into the landscape however the overall effect of the development is not considered to be significant due to landform, setting and context. Impact to the value of the designed landscape is likewise not considered to be significant although further structural tree planting may assist in reducing such impacts as are believed to occur.

Landscaping

151. Landscaping has been considered across the site and is recognised as providing a range of benefits to ensure that the proposed development fits into the landscape, is a pleasant place to work and play, provides visual and active stimulus – noting specialist garden features allied to campus buildings, benefits wildlife, aids screening, interrupts and softens built features and retains key elements of attraction to a parkland setting for the campus. The landscaping proposed in this development is considered as both sympathetic and beneficial overall. Further consideration of structural elements of landscaping, specifically tree densities and species, in relation to the site bounding the western boundary of the site is considered necessary in relation to amenity and in consideration of the Designed Landscape in relation to Dumfries House. Appropriate landscaping can be secured by appropriate condition were members to support the application.

Phasing of Development & Construction Phase 152. In general the development of the site is proposed in 3 phases;

Phase 1 – construction of synthetic sports pitches and running track and associated works on central plateau. Phase 2 – delivery of new school facility with parking on the upper plateau/site of current Underwood Depot. Phase 3 – demolition of Cumnock Academy, delivery of two grass pitches and ‘park and stride’ facility. The phasing of the development is a rational and practical methodology as it allows the development of both the campus buildings and key external sporting facilities whilst students remain in existing facilities. However a significant additional level of detail is considered as required to ensure that phasing can be managed appropriately on site and that the various issues arising can likewise be satisfactorily addressed. This can be secured by condition were members to grant permission.

Construction phase issues

153. An appropriate Construction Environmental Management Plan (CEMP) and Construction Traffic Management Plans (CTMP) to outline how the development will avoid, minimise and mitigate effects on the environment and surrounding area are deemed appropriate and can be secured by condition were members to support this application.

Open Space 154. The impact upon open space provision as a result of this development, were it to be approved, has been considered within the policy response as above in association with the response from Sportscotland, (pertinent owing to the change in nature and provision of outdoor pitches – a key element in the nature of the current Broomfield Park), indicates that the loss of open space is not deemed to be as significant as to advocate refusal of the application. The proposed use of the Cumnock Academy site, post demolition, will result in the formation of two new grassed pitches. This will introduce new open space where currently there is built development and in part helps to redress the loss of open space by virtue of the proposed development. It is also notable that much of the current open space provision within Broomfield Park is of a formal nature, comprising of grassed pitches maintained for sporting use and a running track.

Sports Provision

155. It is recognised that the development shall result in the loss of external sports fields. This is considered through the EAC Policy response and consultation with Sportscotland. Given the significant benefit of the quality and playability of the proposed external sports pitches, mindful of appropriate programming to the benefit and use of both school and community provision, it is considered that the proposal offers a significant benefit to external sports provision to that currently offered. Internal sports provision is considered to be adequate and may be enhanced through envisaged agreement with the adjacent Visions Leisure Centre. Appropriate conditions can be attached to safeguard the provision of external sports facilities, mindful of the phased nature of development, were members to support the application.

Fencing and Security

156. This matter is dealt with in some detail through the application and is a necessary feature of a school development. This will be most noticeable to the south of the buildings and in relation to the artificial pitch provision. Such measures should however be undertaken sympathetically mindful of the loss of the sense of openness across this site which shall occur as a result of the proposed development. Of particular concern is the fenced corridor between the grassed pitch provisions on the south of the site. Given the volumes of pedestrians expected to cross this area, following the ‘park and stride’ rationale, it is understood that appropriate management of these grass pitches will be challenging owing to likely desire lines across the pitches rather than following the defined path infrastructure. Further detail of fencing provision can be secured by appropriate condition were members to support the application.

Non-motorised Access

157. A key facet of the development is access through and around the site. The development has a cited access strategy as stated within chapter 9 of the accompanying Design and Access Statement. This has been considered through consultation responses by both EAC Policy and Countryside Sections. Given the nature of the site with school use, security has been a key consideration as has movement through and across the site with particular regard to the riverside Core Path route, links across the site via the bridging point over the Lugar Water, access from car parks and the surrounding town and wider area, noting the various safer routes to schools elements as noted by the Roads Authority. It is recognised that a number of road and footway/cycleway improvements outwith the defined site boundary require to be secured to achieve necessary non- vehicular accessibility to the campus. Details and provision of which can be secured by condition were members to support the application.

158. Clarity is required on how and when access provision through and across the site will be available as the phased development progresses. It should be an aim, where possible, that access opportunities are not overly restricted and closure periods are of minimum duration. The issue of the realignment of the Core Path requires separate legislative process which will require to be addressed within the phasing of the development, particularly the section between Visions and Broomfield House (Cumnock RFC) given the high usage that this section of path is likely to experience. Consideration of a link route from the Cumnock RFC Broomfield House site to link with the access network proposed, given that access across surfaced paths to the artificial pitch provision will be required. Were members to support the application this can be considered by planning condition.

159. It is considered that beyond the general layout of access routes across and through the site further detail of path provision is required, to secure appropriate path surfacing, path widths and drainage to ensure that the provision is fit for purpose. In consideration of 3rd party responses received, quality access across and through open space that is useable throughout the year is a key element and function of the use and enjoyment of such spaces. In some cases this manifested itself through comment regarding informal use of the running track. It is therefore considered appropriate to ensure that path provision across the site is of a good quality for users, maximises opportunities for a range of users and provides a range of routes whilst meeting the functional requirements of the site. Were members to support the application this can be considered by planning condition.

Amenity

160. Amenity issues may arise through both the construction and upon completion of the development, specifically issues with regard to; noise, dust, vibration, light, air quality and odour. These matters have been subject to consultation with the Environmental Health Service, as considered in sections above. Construction phase matters can be addressed by appropriate mitigation as noted above. Further consideration of air quality and modelling of the impact of the combination of vehicles and emissions from the biomass boiler are considered as required. These matters can be addressed by appropriate condition were members to support the application.

FINANCIAL & LEGAL IMPLICATIONS

161. There are potential financial implications for the Council in coming to a view on this application as, should the Planning Committee be minded to refuse the proposed development, this could lead to an appeal by the applicant. Furthermore, if the Council is considered to have acted unreasonably in refusing the proposed development, a claim for an award of expenses could be made by the applicant.

162. As stated above, should the Planning Committee refuse permission then it could result in an appeal by the applicant to the Scottish Government Department for Planning and Environmental Appeals (DPEA). The Council would require to participate in whatever procedure is considered appropriate by the DPEA in order to put forward its case. This could be via further written representation, hearing or inquiry sessions or a combination of these methods. This therefore may also lead to further costs being incurred to the extent it may be necessary to either engage expert external advice, support or representation and/or to engage professional expert witnesses to give evidence on the Council’s behalf as necessary.

163. Should the Planning Committee decide to grant consent, there is no requirement to refer this application to the Scottish Government under Circular 3:2009 - ‘Notification of Planning Applications’.

COMMUNITY PLAN

164. The assessment of the proposal has had regard to the main themes of The Community Plan with regard to the economy and skills in relation to the provision of quality education facilities to inspire learning and wellbeing to provide greater life choices.

CONCLUSIONS

165. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended, state that applications shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. The proposal is considered to be compliant with the Adopted East Ayrshire Local Development Plan (2017) noting the applicable policies comprising OP1, TC2, T1,T2,T4, RE2, RES11, INF1, INF4, INF6, INF7, ENV1, ENV2, ENV4, ENV6, ENV8, ENV9, ENV11, ENV12, ENV14, WM1, WM2, WM3, WM4, WM8, together with PROP5 and safeguarded site 008W.

166. Noting the above, on 3rd April 2017 East Ayrshire adopted the East Ayrshire Local Development Plan 2017. The Development Plan in respect of this application is the East Ayrshire Local Development Plan 2017. As the plan is up-to-date, legislation requires decisions on planning applications to be made in accordance with the development plan unless material considerations indicate otherwise. If a proposal accords with the development plan and there are no material considerations indicating that it should be refused, permission should be granted. If the proposal does not accord with the development plan, it should be refused unless there are material considerations indicating that it should be granted.

167. Care is required in the consideration as the proposal will result in the loss of a safeguarded waste management site, currently occupied by East Ayrshire Council and known as Underwood Depot. This is technically contrary to Policy WM2. This has to be weighed against the benefits of implementing PROP 5 in relation to the proposal as lodged, and considered by this report. The Underwood Depot site does not currently fulfil any large scale waste management function or support large scale waste handling operations, being operated primarily as a Council depot rather than as a waste management facility. The Council proposes to relocate vehicles and welfare facilities (welfare facilities are subject to planning application) to the former Stagecoach Bus depot on Ayr Road. Various options have been considered regarding the siting of recycling facilities within the Cumnock area. The Council is currently investigating sites within Caponacre Industrial Estate for this purpose. Such use will be subject to future application for planning permission. For the avoidance of doubt the planning merits of this option is not subject to consideration as a component of this application. The planning balance is, therefore, between the loss of the sites capacity to accommodate any future potential waste management requirements as weighed against the benefits proposed through PROP 5.

168. The loss of the East Ayrshire Council (EAC) Underwood Depot site has to be weighed against the substantial benefits to be gained through the inclusion of this site (Safeguarded Site ref. 008W within the Local Plan) within the proposed development. Furthermore other potential recycling sites, such as Caponacre Industriual Estate, as noted above, have been identified, subject to licensing requirements of outside bodies such as the Scottish Environment Protection Agency (SEPA), the loss of the sites safeguarding status can therefore be accommodated. The waste management strategy, as proposed, establishes the principles for the collection of waste both internally and externally across the site.

169. The proposal is otherwise considered to be compliant with the adopted East Ayrshire Council Local Development Plan (LDP) Spatial Strategy and Policy OP1. It is considered that the proposal provides for a high quality, sustainable development incorporating brownfield locations. The proposal delivers an inclusive learning environment where state-of-the-art facilities are provided for children, young people and members of the community.

170. The chosen location within Cumnock represents a sustainable location being identified in planning terms within the settlement hierarchy as having the function ‘to act as the primary service centre for the former coalfield area, in terms of commercial, civic and cultural functions’. This chosen location is also reasonably close, at less than 1 km, to the town centre. There are varied opportunities for active travel to the campus and these will be further supported through such measures as footway widening and provision of cycle facilities. Auchinleck train station is approximately 2 miles from Cumnock.

171. A range of sustainable transport modes can be used, and will been enhanced through the development process, to access the school campus. Vehicular access will be facilitated by appropriately designed pick up and drop off points, improvements to key road junctions and adherence to National maximum parking standards for higher and further education facilities. (Annex B: Parking Policies and Standards). The travel design proposals have been established with guidance from an Accessibility Consultant and in accordance with the latest legislation and good practice guidance on equality and diversity. Consultation with the Ayrshire Roads Alliance, as Roads Authority is a key issue with improvement and works required beyond the application site boundary to ensure that sustainable transport modes can be achieved.

172. It is recognised that a significant number of road, pathway and allied road safety improvements are required. Noting in particular the road junctions serving the two key access points to the site from Auchinleck Road and Ayr Road respectively, which are accommodated within the defined development site boundary. Two access points being a key factor in identifying a suitable site to avoid exceeding local road capacities. In excess of which there are a significant number of allied infrastructural improvements from junction and pedestrian crossings management systems, to footway improvements not least of which is the improvement of the footway between Auchinleck and Cumnock all of which require to be achieved in accordance with the Transport Assessment(s) and as required by Ayrshire Roads Alliance as Roads Authority prior to the first use of the campus buildings. Pending the satisfactory delivery of these works and improvements the proposal does not raise concerns in respect of road safety.

173. Non-vehicular access across and through the site has been considered via a variety of pathways which shall safeguard and improve formal access provision across the site. In accordance with SPP Paragraph 221 (Land Reform (Scotland)) Act 2003, and SPP Paragraph 228, Route C3 - Lord Bute's Walk (Part of Scottish Coal Cycle Route) will be safeguarded.

174. The Design and Access Statement, in particular, addresses the importance of the designation and the context provided by the Designed Landscape of Dumfries House (that adjoins the boundary of the site along the southern edge, and extends into the site along the western edge).The proposals take full cognisance of these matters. The Design and Access Statement identifies how existing trees will be supplemented with new parkland trees complimenting and rejuvenating the surrounding landscape. Key trees (Entrance Avenue) and framework planting such as woodland along verges, embankments and carparks feature a selection of typical parkland trees and trees, which can be found in the wider landscape.

175. The development site is not located within any European or Nationally designated site, nor is it within 2 km of any statutory designated sites or non-statutory Local Wildlife Site. A Phase 1 Habitat Survey concluded that proposals for the site are unlikely to impact on statutory designated sites due to their distance and lack of connectivity. Protected species in the form of bats have been identified as being present on site, a matter which can be addressed by appropriate mitigation subject to the approval of, and licensing by, Scottish Natural Heritage. Invasive species have also been identified in the course of consideration of the application in the form of Japanese knotweed. An eradication strategy to remove this invasive plant can be achieved by condition were members to choose to grant permission for the development.

176. A distinctive and bespoke high quality design has evolved through responding to site context, taking account of local vernacular in the design of buildings, incorporating on-site level changes and movement routes in its layout, scale and massing and a landscape and a planting scheme to address landscape impact, local amenity and screening.

177. Adverse comments from SEPA were initially received on the grounds of flood risk, however SEPA then withdrew their lodged objection. The objection was removed on the basis of points of clarification having been received. There was no objection to the proposal by the Council Flooding Officer. It is noted by relevant parties that the removal of the school buildings from the existing Cumnock Academy site with placement of the new campus buildings on the upper plateau of the Broomfield Park area of the site is of betterment, removing such facilities from areas subject to indicative flood risk. The new layout would see the main school buildings being relocated from an area at medium (1:200) year flood risk to an area above the flood plain whilst sports facilities and parking provision, defined as water compatible uses, will be located on the lower lying land most at risk of flooding. Pending the satisfactory delivery of the necessary drainage works to accommodate the development on site the proposal does not raise concerns in respect of flooding issues.

178. An appropriate surface water drainage strategy is proposed via Sustainable Drainage System (SuDS) strategy is proposed with features such as filter drains, swales, permeable surfaces and bio-retention (rain garden).

179. A district heating network is proposed to supply the campus buildings, it should be noted that this although this is a stated desire to extend this system to Visions Leisure Centre and Cumnock Rugby Club this does not form part of the application under consideration. There is also an indicative proposal to extend the district heating to the north of the campus site for future developments, which again is not considered within the application under consideration.

180. In terms of the standard of construction and insulation, a BREEAM Very Good rating will reduce initial demands on heating and cooling through the design and construction of a modern, efficient building complex. Additional energy saving and efficiency gain measures are identified in the Stage 3 Sustainability Strategy.

181. The loss of public open space provision on the Broomfield Park area of the site is partly balanced through the demolition of the current Cumnock Academy site and redevelopment of a significant area of such to create new grass sports pitch provision south of the Lugar Water. A significant element of open space provision shall remain over the site as a whole, which allied to improved sports facilities and provision proposed as part of this development provides further material justification for the proposed development. It is also recognised that there is over-provision of public open space within Cumnock, so whilst the development will result in an element of open space loss, this loss is not considered as significant given the current levels of open space provision in the town. It is also considered that the proposal will achieve greater public use of the site as a whole whether through use of enhanced sports facilities, campus based activities and/or improvements to formal access provision.

182. Additional green infrastructure will be provided partly in the form of a flood attenuation SUDS scheme - a wildlife area which is being suggested as being managed in part as a wetland meadow, together with landscaping and public open space planting schemes, indicating that higher quality and more usable areas of open green space will be created than exist at the present.

183. Open space on the campus will be adaptable allowing shared use of facilities including indoor buildings and sports facilities, and of the playing fields including pitches between school and non-school users. On completion of the proposal, the facilities provided will represent a new outdoor sports facility of comparable or greater benefit for sport in a location which is convenient for its users, is of a modern standard and can be utilised in inclement weather.

184. The outdoor sports facility strategy has been prepared in consultation with, and has been approved by Sportscotland. It demonstrates that there is a clear excess of open green space provision to meet current and anticipated demand in the Cumnock area, and that the playing field site can be developed without detriment to the overall quality of provision.

185. State-of-the-art facilities are to be provided for all school pupils, young people and members of the community which are likely to have a positive impact on the health of local communities. The sports centre at Auchinleck will remain open. The Council has also brokered an arrangement with Cumnnock Rugby Club and Cumnock Juniors to develop participation in sport for all sections of the community.

186. Where technical matters have arisen, the views of appropriate consultees have been sought and are as considered in the report. There is a single outstanding objection from a consultee; Cumnock Community Council. The lodged objection from Cumnock Community Council could not be addressed to achieve withdrawal of such, owing to the nature of the objection. Informed via public meeting and individual comments from those attending. Material planning matters raised being subject to consideration in the body of this report whilst arising can be addressed or mitigated by condition if members were minded to grant permission.

187. At a local level it is recognised that the construction of a substantial new development replacing, in places, views across open, green space will inevitably result in some visual impact on some residents. Notwithstanding the above observation, the loss of views, however valued, is not a material planning issue and the proposal is in accordance with LDP Placemaking Agenda and Spatial Strategy.

188. It is recognised that the proposed campus will fundamentally alter the nature and appearance of the site. It is also recognised that there will be a significant magnitude of change for some residential properties in immediate proximity to the site including nos. 1 and 2 Underwood Cottages, properties in Terringzean View, the schoolhouse and properties in Harperbank Grove. For nos. 1 & 2 Underwood Cottages and Terringzean View it will be the introduction of a sizeable built development in an area that residents believed was historically safeguarded from development, whilst residents of the schoolhouse and Harperbank Grove will see the disappearance of a significant complex of buildings through the demolition of the existing Cumnock Academy - to be replaced by car parking and grassed sports pitches. It is therefore understandable that a number of residents, particularly those most directly affected, or perceived as negatively impacted by the proposal, would wish this development to be located elsewhere. However appropriate mitigation can be achieved through the construction phase with conditions to this effect were members to choose to grant permission for development.

189. It is not considered that the development will have an overbearing presence on any individual property nor result in any unacceptable or unmanageable amenity impact. Through consideration of the site selection process, pre-application consultation process and in the design evolution of the proposal through to formal application it is considered that a robust case has been presented as to why the chosen site is appropriate. In examination of policy, site factors and material planning issues arising, it is considered that the development as proposed, can be accommodated at this site. Identified potentially detrimental issues have either been minimised through design or otherwise can be adequately mitigated. It is also recognised that schools are generally located in proximity to housing and are not considered as incompatible uses.

190. It is recognised that heightened amenity impacts will occur locally, not least of which will be the magnitude of change imposed on immediate neighbours to the site. Significant care and consideration of construction impacts will be required, as will consideration of added traffic, notably that using the Underwood Road access in turn impacting upon the 2 residential cottages on Underwood Road. Appropriate management systems in excess of the proposed built improvements to this access including in part footway provision requires further safeguards through the construction phase in terms of traffic movement, noise, air quality and vibration. Securing appropriate mitigation can be achieved by condition were members to grant permission. It is however recognised that this road is already in use by large vehicles accessing the waste water treatment plant and East Ayrshire Council (EAC) Underwood Depot – noting that vehicle movements associated with the EAC Depot shall cease on relocation of same.

191. Air quality and noise impacts require further assessment and modelling. The combination of factors in the north part of the site, notably traffic and the proposed biomass boiler system require further consideration to ensure that the development can be satisfactorily accommodated on site. It is also considered prudent to pursue an odour management strategy to the benefit of the campus buildings to adequately deal with any nuisance odours arising from the operation of the adjacent waste water treatment plant, mindful that modelling of such occurrences indicates minimal rates of occurrence to the detriment of the use of the campus buildings. These matters can be addressed by appropriate condition were members to grant permission for the proposed development.

192. The principle of an education and community campus such as is proposed would be acceptable and compliant with the proposal designation for this site and therefore in line with the adopted Local Development Plan. In accordance with the envisaged development proposal for the site, the nature and extent of the proposed development is considered as appropriate in land use terms. There are no outstanding objections from consultees whilst a number of material planning issues as raised by consultees and/or by representation can be addressed by condition were members to grant permission to the proposed development.

193. The scale, massing, setting and orientation of the interlinked campus buildings are considered to be appropriate within the context of the site. The architectural design of the campus buildings is considered appropriate and of a good standard. Samples of the external finishes will require to be agreed prior to the construction of the buildings. The building is to be constructed to a good ecological standard and the site is well connected to walking and cycling routes. Off-site pedestrian safety measures are to be secured and adequate provision is to be made for cycle storage to encourage sustainable transport and encourage active travel.

194. It is considered that the proposed combined learning campus does not raise any significant policy issues to indicate a recommendation other than approval. There are not considered to be any material issues as raised by consultees, via representation or as have otherwise arisen in the consideration of this proposal which have not either been addressed within the submission or cannot adequately be dealt with by way of planning conditions. The proposed development will provide a high quality, sustainable development incorporating brown field locations whilst delivering an inclusive learning environment where state-of-the-art facilities are provided for children, young people and members of the wider community.

RECOMMENDATION

195. It is recommended that the application be approved subject to the conditions listed on the attached sheet at Appendix 1 of this report.

CONTRARY DECISION NOTICE

196. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane Head of Planning & Economic Development

FV/DMcD/MK

17 May 2017

LIST OF BACKGROUND PAPERS 1. Application Form and Plans. 2. Statutory Notices and Certificates. 3. Supporting Documentation 4. Consultation responses. 5. Letters of representation 6. Adopted East Ayrshire Local Development Plan (2017). 7. Scottish Planning Policy Anyone wishing to inspect the above background papers should contact David Barclay Senior Planning Officer on 01563 553506.

Implementation Officer: David McDowall, Operations Manager: Building Standards & Development Management.

Form TP24A – Appendix 1 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 17/0019/PP

Location Broomfield Sports Ground Auchinleck Road Cumnock East Ayrshire

Nature of Proposal: Knockroon Learning and Enterprise Campus (approximately 23,000 sq. metres Gross Internal Floor Area), incorporating nursery, additional special needs, primary and secondary school buildings for around 2500 pupils; community facilities, indoor and outdoor sports pitches and facilities, plant, renewable energy (incorporating biomass boiler) and utilities infrastructure, public realm, drainage and SUDS, landscaping, boundary treatments and security, open space, remodelled footbridge, access, pick-up and drop-off, car parking, wayfinding and signage, external lighting including floodlighting and demolition of existing buildings and structures

Name and Address of Applicant: East Ayrshire Council Education Service East Ayrshire Council Headquarters London Road Kilmarnock East Ayrshire KA3 7BU

Name and Address of Agent Nathaniel Lichfield And Partners 101 George Street Edinburgh EH2 3ES

Officer’s Ref: David Barclay 01563 553506

Subject to Part 1, section 3 of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011, this decision has taken the relevant environmental information into consideration. The application should be approved subject to the following conditions:-

1. Notwithstanding approved drawings KLEC-SRA-SZ-XX-DR-A-00-821 rev. P01 and KLEC-SRR-SZ-XX-DR-A-00-822 rev. P01, no development shall commence until a detailed Phasing Plan providing details of the phasing of the development has been submitted to, and approved in writing by, the Planning Authority. The plan shall identify phases of development and the proposed sequence of provision of each phase, including concurrent stages, and include details of the following elements:

 Development of tranches of land,  Location, nature, operation and duration of construction compounds relative to specific phases of development,  Compensatory measures necessary to mitigate amenity, vehicle access and parking issues arising

REASON: To ensure that the proposed phasing of the development is fully considered so as to mitigate adverse impacts on local services and infrastructure.

2. Further to Condition 1 above, the approved phasing plan shall be implemented at all times during construction of the approved development.

REASON: To ensure that the phasing plan is implemented as approved so as to mitigate adverse impact on local services and infrastructure.

3. No works shall commence, other than any detailed survey work, until a site specific Construction Environmental Management Plan (CEMP), including consideration of the demolition of Cumnock Academy, has been submitted to and approved in writing by the Planning Authority. The plan shall demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan shall include, but not be limited to:

i. Procedures for maintaining good public relations including complaint management, public consultation and liaison ii. Arrangements for liaison with the Council’s Pollution Control Team iii. A Noise Mitigation Strategy to deal with emissions with particular cognisance of noise sensitive properties at Terringzean View, Underwood Road, Harperbank Grove and the School House by Cumnock Academy. iv. All works and ancillary operations shall be carried out only between the following hours: 08 00 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays unless otherwise agreed in writing with the Planning Authority in advance of any such deviations from the agreed hours. v. Deliveries to, and removal of plant, equipment, machinery and waste from the site shall only take place within the permitted hours detailed above. vi. Mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works. vii. Procedures for emergency deviation of the agreed working hours. viii. Details of measures to be adopted for all contractors to be ‘Considerate Contractors’ when working by being aware of the needs of neighbours and the environment. ix. Air Quality Impact Assessment throughout the construction phases, inclusive of the demolition elements of the development. This must take into account neighbouring residential properties, notably those at Terringzean View, Harperbank Grove, Underwood Road, and the School House at Cumnock Academy. x. A dust mitigation strategy with control measures for dust and other air- borne pollutants. This shall fully consider impacts to neighbouring residential properties and also take into account the need to protect any local resident who may have a particular susceptibility to air-borne pollutants. xi. Measures for controlling the use of site lighting during the construction period, whether required for safe working or for security purposes. xii. The CEMP shall take into full consideration the phased nature of the development.

REASON: In the interests of the amenities of surrounding occupiers during the construction of the development. 4. Further to Condition 3 above, the approved Construction Environmental Management Plan shall be implemented in accordance with the approved details and in accordance with the phasing plan (Condition 1), or is relied upon by, an individual phase, at all times during the construction of the approved development.

REASON: To ensure that the Construction Environmental Management Plan (CEMP) is implemented as approved and in the interest of the amenity of surrounding occupiers.

5. Notwithstanding the provisions of Article 3 and Class 14 of the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or re-enacted; with or without modification), no works shall commence, other than any detailed survey work, until full details of any temporary site compounds and storage areas (including their location, scale and means of enclosure) shall be submitted to, and approved in writing by, the Planning Authority.

REASON: To ensure that the site compounds are sensitively located and are adequately secured to prevent unauthorised entry.

6. Further to the terms of Condition 5 above, the site compounds and storage areas shall be formed in accordance with these approved details, thereafter all site compounds shall be maintained in a tidy, safe and secure fashion and be removed from the application site within one month of the development being completed or as otherwise agreed in writing by the Planning Authority.

REASON: To ensure that the works are undertaken in accordance with the approved details and in the interests of the amenity of the surrounding area.

7. No works shall commence on site, other than any detailed survey work, until a Construction Traffic Management Plan (CTMP) (including a routing plan for construction vehicles) has been submitted to, and approved in writing by, the Planning Authority in (consultation with the Roads Authority). For the avoidance of doubt the CTMP shall include details and proposals to address:

i. Construction Traffic Access Routes to the Site. ii. Parking provision within the site for personnel, construction vehicles and deliveries. iii. An embargo on vehicle movements at the times of school pick-up and drop-off and detail the programme for monitoring and enforcing such vehicle movements. iv. Wheel wash facilities. v. Specific winter maintenance provision. vi. Identification of a nominated person to whom any road safety concerns brought to the attention of the Roads Authority can be immediately referred for resolution as required. vii. The CTMP shall take due cognisance of the phased nature of works on site.

REASON: In the interest of road safety and to ensure satisfactory management of construction traffic associated with the approved development.

8. Further to Condition 7 above, the approved Construction Traffic Management Plan (CTMP) shall be implemented at all times during the construction of the approved development unless with the prior written consent of the Planning Authority.

REASON: To ensure that the Construction phase Traffic Management Plan (CTMP) is implemented as approved.

9. No building shall be occupied until the drainage scheme as detailed in the approved drainage layout plans KLEC-WSP-SN-XX-DR-C-1001 rev. P02, KLEC-WSP-SN-XX-DR-C-1002 rev. P02, KLEC-WSP-SN-XX-DR-C-1003 rev. P02 and KLEC-WSP-SN-XX-DR-C-1004 rev. P02, has been completed unless with the prior written consent of the Planning Authority.

REASON: To ensure the provision of a satisfactory means of surface water disposal and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.

10. No building shall be occupied until the submission of an Odour Management Plan which has been submitted to and approved in writing by the Planning Authority (in consultation with the Environmental Health Authority). The Odour Management Plan shall set out policies and actions in the event of nuisance odours arising from the adjacent waste water treatment plant. The plan shall include a recording system to record the duration and frequency of odour nuisance events and stipulate actions to be undertaken if/when such circumstances occur.

REASON: To safeguard the amenity of campus buildings.

11. Further to Condition 10 above, the approved Odour Management Plan shall be complied with upon first occupation of the campus buildings and thereafter throughout the lifetime of use of the campus buildings.

REASON: To safeguard the amenity of campus buildings.

12. No works shall commence, other than any detailed survey work, until a detailed schedule of all road works and footway/cycle path works and improvements has been submitted to, and approved in writing by the Planning Authority (in consultation with the Roads Authority). Due cognisance of the phasing of works as required by Condition 1 shall be incorporated within this schedule where relevant. For the avoidance of doubt, the schedule of road works shall comprise the following details:

i. Access details via the site access points at Underwood Road (Northern) and Ayr Road (Southern).

ii. Parking details for the Northern Access comprising staff movements, specialist and parental pick up and drop off for the SLC, ECC and access to potential business starter units.

iii. Southern Access parking details for parental pick up and drop off for all primary and secondary schools and all school transport provision details for all primary and secondary schools.

iv. Barrier system details for the Northern staff car park for pick up and drop off for the ECC and the SLC.

v. Barrier infrastructure for the Northern one way public transport pick up and drop off area to allow a barrier system to be installed if required.

vi. The proposed barrier system for Scottish Water facilities and any proposed visitor parking provision for Scottish Water. vii. Notwithstanding Condition 20, details of all safe pedestrian and cycle access to be provided within the campus from the Northern and Southern accesses. viii. Accessible car parking details for the Southern car park. ix. Upgraded pelican and new puffin crossing facilities at Ayr Road and Auchinleck Road. x. Details to widen the footway adjacent to Cumnock Rugby Club and Auchinleck Road. xi. Details of the relocation of the bus stop east of Holmhead Road in Auchinleck. xii. Details to regrade the footway dip adjacent to 37 Auchinleck Road. xiii. Details of speed tables or alternative traffic calming proposals on Auchinleck Road between Lugar Bridge and Cumnock Rugby Club. xiv. Dropped kerb pedestrian crossing facilities to be provided at;

i) Holmside at its junction with Auchinleck Road, ii) Woodroad Park at its junction with Auchinleck Road, iii) Auchinleck Road on the south side of the entrance to the Cumnock Rugby Club, iv) Both sides of Hearth Road at its junction with Ayr Road, v) 3 No. on Auchinleck Road in the vicinity of Auchinleck Burn to improve and to assist in the provision of safe accessible routes to school for all active sustainable means of travel. xv. Safety improvement details to be undertaken in the vicinity of Lugar bridge. xvi. Footway nib details at the corner of Auchinleck Road at Holmside. xvii. Texture flex surface treatment details and layout details of this, to be installed to the main access and egress points at the Bridgend Garage, Auchinleck. xviii. Footway upgrading of existing footway on Auchinleck Road between Auchinleck and Cumnock. xix. Street lighting details for the combined footway and cycleway at Auchinleck Road. xx. Upgrading of A70 Tanyard/A70 Barrhill Road/B7083 Lugar Street signalised junction.

xxi. Details of all traffic signal functions within Cumnock Town Centre to be fitted with a new Cumnock wide WiFi UTC.

xxii. Details of a footway link from Auchinleck Road between Visions Leisure Centre and Cumnock Rugby Football Club.

REASON: In order to ensure the required road works and footway/cycle path works are specified in detail for the approval of the Planning Authority (in consultation with the Roads Authority)

13. Further to Condition 12 above, all approved roadworks and footway/cycle path works shall be implemented on site prior to the school campus buildings being brought into first use, unless otherwise as agreed in writing by the Planning Authority (in consultation with the Roads Authority)

REASON: In order to ensure the required road works and footway/cycle path works are undertaken as approved and in a timeous manner.

14. No works shall commence, other than any detailed survey work, until a Noise Impact Assessment has been submitted to, and approved in writing by, the Planning Authority (in consultation with the Environmental Health Authority). The assessment shall assess the likely impact of noise emanating from the development on neighbouring properties. Furthermore, the following matters shall be addressed by the Noise Impact Assessment:-

i. A description of the proposed development in terms of noise sources and the proposed locations and operating times of the same; ii. A description of any noise mitigation methods that will be employed. The effect of mitigation methods on the predicted levels should be reported where appropriate; iii. A detailed plan showing the location of noise sources, noise sensitive premises and survey measurement locations; iv. A survey of current ambient (LAeq) and background (LA90) noise levels at appropriate locations neighbouring the proposed site; v. A prediction of noise levels resultant at neighbouring noise sensitive premises, for the operational phase of the proposed development. The raw data and equations used in the calculations shall be provided; and vi. An assessment of the predicted noise levels in comparison with relevant standards.

REASON: In order to safeguard the amenity of the surrounding area.

15. Further to Condition 14 above, all works on site shall be in accordance with the approved Noise Impact Assessment and all approved mitigation measures within the Noise Impact Assessment shall be implemented prior to the commencement of development, unless otherwise agreed in writing by the Planning Authority.

REASON: In order to safeguard the amenity of the surrounding area.

16. Prior to the new campus buildings being brought into use, the local Framework Travel Plan shall be updated to represent accurately the needs and requirements of the various end user groups and shall be submitted to and approved in writing by The Planning Authority (in consultation with the Roads Authority). The updated local Framework Travel Plan shall provide;

a. information on agreed drop off facilities, parking availability and safe routes to school to encourage sustainable and active means of alternative travel, b. details of the educational contact responsible for taking these Travel Plans forward, the Travel Plan Co-ordinator, c. Details and Plan for future liaison in respect of monitoring and review

REASON: In the interest of road safety.

17. The approved local Framework Plan as detailed in Condition 16 above, shall be implemented in perpetuity upon the school campus being brought into use, unless otherwise approved in writing by the Planning Authority (in consultation with the Roads Authority)

REASON: In the interests of road safety.

18. Notwithstanding the approved plan (KLEC-SRA-SZ-XX-DR-A-21-843 Rev. P01), the bridge over the Lugar Water within the development site shall be designed, constructed and managed to accommodate both cyclists and pedestrians and the following details shall be met;

 The approach gradients shall be designed and constructed to appropriate accessibility standards.  The soffit level of the new bridge shall not be at a lower height than the existing structure to be replaced.  Management strategies implicit for its shared use shall be clearly stated and implemented upon first use.  Works impacting the bridging point shall be clearly stated and undertaken in accordance with the approved phasing plan per condition 1 above.

Prior to any works taking place on site, the above details shall be submitted and approved in writing by Planning Authority (in consultation with the Roads Authority and SEPA).

REASON: To ensure that the approved bridge accommodates both cyclists and pedestrians in a timely manner and for the avoidance of doubt.

19. Further to condition 18 above, the bridge shall be formed in accordance with the approved details and the replacement bridge shall be open and accessible to the public prior to the campus buildings being brought into use, unless otherwise agreed in writing by the Planning Authority (in consultation with the Roads Authority and SEPA).

REASON: To ensure that the approved bridge accommodates both cyclists and pedestrians in a timely manner and for the avoidance of doubt.

20. No works shall commence, other than any detailed survey work, until a detailed Outdoor Access Plan of public access across the site (which shall address existing access, access during construction - taking full account of phased development as approved by Condition 1, and following the completion of the approved campus) has been submitted to, and approved in writing by, the Planning Authority. The Outdoor Access Plan shall include details showing:

i. All existing access points, paths, core paths, tracks, rights of way and other routes (whether on land or inland water), and any areas currently outwith or excluded from statutory access rights under Part One of the Land Reform (Scotland) Act 2003, within and adjacent to the application site;

ii. Any areas proposed for temporary exclusion from statutory access rights, for reasons of privacy, disturbance or effect on curtilage related to proposed buildings or structures;

iii. All proposed paths, tracks and other routes for use by walkers, cyclists, all-abilities users, etc. and any other relevant outdoor access enhancement (including construction specifications and material finishes – to meet an appropriate all ability access standard, signage, information leaflets, proposals for on-going maintenance etc.),

iv. Details of the path linking to the roadside footway on Auchinleck Road located between Visions Leisure Centre and the site boundary adjacent to Broomfield House to the east;

v. A link path between the hard standing associated with Broomfield House and the path as noted in; iv. above, to an appropriate standard, the details of which shall be provided as a requirement of this condition, and shall be formed to the benefit of access from Broomfield House (Cumnock Rugby Football Club) to provide a surfaced access route to outdoor pitch provision.

vi. Any diversion of paths, tracks or other routes, temporary or permanent, proposed as part of the development (including details of mitigation measures, diversion works, duration and signage). Such works should be considered in relation to the phased nature of development and be so designed and implemented to cause the least disturbance over the minimum time period.

vii. Impacts to the Core Path, C3 – Lord Bute’s Walk (part of Scottish Coal Cycle Route) shall be fully considered with all appropriate undertakings and legislative requirements being met with regards alterations, deviations and temporary closures necessary to facilitate the approved development.

REASON: In order to safeguard public access both during and after the construction phase of the development.

21. Further to condition 20 above, the approved Outdoor Access Plan, and all directly associated works, shall be implemented in accordance with the Phasing Plan as per Condition 1, unless otherwise agreed in writing by the Planning Authority.

REASON: In order to safeguard public access both during and after the construction phase of the development.

22. Notwithstanding the approved plans, covered cycle stands (designed to satisfy BREEAM requirements) to be located within the Campus and be accessed from the northern access cycle facilities shall be installed prior to the first occupation of the campus buildings.

REASON: In order to ensure that the cycle stands are suitable for all weather conditions and in the interest of encouraging sustainable travel.

23. No development shall commence, other than any detailed survey work, until evidence that the development is registered with a BREEAM certification body and a pre-assessment report (or design stage certificate with interim rating if available) has been submitted indicating that the development can achieve the stipulated final BREEAM level. No building shall be occupied until a final Certificate has been issued certifying that BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating (Very Good) has been achieved for this development unless the Local Planning Authority agrees in writing to an extension of the period by which a Certificate is issued.

Reason: To ensure that the development achieves BREEAM rating level (Very Good) (or any such equivalent national measure of sustainability for building design which replaces that scheme) and that this is completed early enough in the process to allow adaptions to designs and assessment and certification shall be carried out by a licensed BREEAM assessor and to ensure that the development contributes to mitigating and adapting to climate change and to meeting targets to reduce carbon dioxide emissions.

24. Prior to the installation of the biomass system a programme for the monitoring of the impacts of emissions on local air quality arising from the operation of the biomass system shall be submitted to, and approved in writing by, the Planning Authority (in consultation with the Environmental Health Service). The agreed programme shall include an action plan in the event that air quality emissions standards are exceeded, stating all actions and any other measures to be undertaken. This shall include the cessation of use until it can be demonstrated that emissions meet tolerable levels.

REASON: In the interests of air quality and amenity.

25. Further to Condition 24 above, the approved monitoring system shall be adhered to in perpetuity.

REASON: In the interests of air quality and amenity.

26. No works shall commence, other than any detailed survey work, until further air quality assessment modelling (accounting for increased traffic and the emissions of the Biomass system) has been submitted to, and approved in writing by, the Planning Authority (in consultation with the Environmental Health Service).

REASON: In the interests of air quality and amenity.

27. The approved air quality assessment modelling as required by condition 26 above, shall be integrated into traffic management strategies through construction phases and upon first use of the development hereby granted.

REASON: To ensure that air quality impacts arising from vehicles is appropriately managed and for the avoidance of doubt.

28. Prior to the commencement of construction of any of the new campus buildings, details and samples of all external materials to be used in the construction of the new school campus buildings and bound ground surfaces shall be submitted to and approved in writing by the Planning Authority.

REASON: in the interest of visual amenity and for the avoidance of doubt. 29. The external finishes and bound ground surfaces shall be fully implemented in accordance with condition 28 above, unless otherwise agreed in writing by the Planning Authority.

REASON: To ensure that the material finishes are undertaken in accordance with the approved details and for the avoidance of doubt.

30. Notwithstanding the approved landscaping drawings KLEC-RF-SZ-XX-DR-L- 0001 Rev. PO5.0 and KLEC-RF-SN-XX-DR-L-0002 rev.PO5.0 all landscaping works shall be carried out in accordance with the scheme and plans as approved as part of this permission and in accordance with the phasing plan as per Condition 1. The specifications of all planting, seeding or turfing as may be comprised in the approved scheme and plans, shall be carried out in compliance with, and consecutive to, the completion of each key phase of development in the first planting and seeding seasons following the commencement of a given phase of development, unless as otherwise stated in the approved scheme.

Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species.

REASON: In order to ensure that the approved landscaping works are properly undertaken on site.

31. Notwithstanding the approved plans and details, no works shall commence , other than any detailed survey work, until a scheme for further structural tree planting associated with the western part of the development site within the Broomfield Park/Underwood Depot area of the site, has been submitted to, and approved in writing by, the Planning Authority. Such works as may be approved under this scheme shall be so designed as to enhance visual screening of the development.

REASON: In the interests of visual amenity in recognition of the adjacent inventory garden and designed landscape of Dumfries House

32. Further to Condition 31 above, the approved additional tree planting scheme shall be implemented in accordance with approved phasing plan as per Condition 1 and landscaping plan provisions as per Condition 30 above.

REASON: To ensure that the additional scheme of tree planting is implemented as approved, is appropriately managed and is achieved in a timely manner.

33. In accordance with the approved phasing plan, as per Condition 1 above, no development, site excavation or groundwork shall commence within each defined phase of the development, other than any detailed survey work, until all retained trees at risk from construction activity, within the given phase, have been protected against construction damage using protective barriers located beyond the Root Protection Area (in accordance with BS5837:2012 Trees in Relation to Design, Demolition & Construction, or any superseding guidance prevailing at that time). This shall be undertaken in accordance with the tree protection plans KLEC-RF-SN—XX-DR-L-0004 Rev.PO3.0 and KLEC-RF-SS- XX-DR-L-0004 Rev.PO3. These barriers shall remain in place throughout the construction period potentially impacting upon the identified tree(s) and shall not be moved or removed during the construction period without the prior written approval of the Planning Authority.

REASON: In order to ensure the protection of retained trees, which are important amenity assets, during construction.

34. No trees within the application site, other than those which are specifically identified for removal on the approved plans, shall be cut down, uprooted, topped, lopped (including roots) or wilfully damaged in any way, without the prior written permission of the Planning Authority.

REASON: In order to ensure the protection of retained trees, which are important amenity assets.

35. No works shall commence, other than any detailed survey work, until details of the siting, external appearance, light spill diagrams and measures to avoid light spill onto properties located outwith the school for all sports pitch floodlights, has first been submitted to and approved in writing by the Planning Authority (in consultation with the Environmental Health Service and Ayrshire Roads Alliance).

36. Further to Condition 35 above, the approved floodlighting shall be installed prior to the first use of the pitches benefitting from floodlight provision, and shall be maintained in accordance with the approved details in perpetuity thereafter.

37. No works shall commence , other than any detailed survey work, until full details of all external lighting (with the exception of the sports pitch floodlighting as detailed in Condition 35 above), to be used within the site, along its boundaries and accesses has been submitted to, and approved in writing by, the Planning Authority (in consultation with the Environmental Health Authority and the Roads Authority). Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any direct illumination, glare or light spillage outwith the site boundary.

REASON: In order to ensure that any lighting installed within the application site does not spill beyond the intended target area, does not impact adversely upon the amenity of adjacent properties and does not result in 'sky glow'. 38. Further to Condition 37 above, all external lighting shall be implemented in accordance with the approved details prior to the campus buildings being brought into first use and shall be maintained in perpetuity thereafter.

39. No development shall commence, other than any detailed survey work, until a Remediation Strategy containing further ground contamination investigations and any remedial actions proposed, has been submitted to and approved in writing by the Planning Authority, which shall be formulated in line with the Councils’ Guidance document “An Introduction to Land Contamination and Development Management” which is available to download at: http://www.eastayrshire.gov.uk/Resources/PDF/C/AnIntroductiontoLandContami nationandDevelopmentManagement.pdf

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

40. Upon completion of all remedial works as may be required with regards ground contamination in relation to Condition 39 (and prior to site occupation, in relation to the agreed phasing plan under Condition 1) a verification report shall be submitted to and approved in writing by the Planning Authority detailing all the remedial actions undertaken.

REASON: To provide verification that remediation has been carried out in accordance with the approved remediation plan and to the Planning Authority’s satisfaction.

41. Prior to any works commencing, other than any detailed survey work, and notwithstanding the approved details and plans, further details of all ‘hard’ boundary treatments, including the perimeter fencing and fencing to be erected around the sports pitches shall be submitted to and approved in writing by the Planning Authority.

REASON: In the interest of visual amenity.

42. Further to Condition 41 above, the boundary details shall be implemented in accordance with the approved details, including timings of completions of elements of the boundary treatments in accordance with the approved phasing plan, per Condition 1 above.

REASON: To ensure that boundary treatments are implemented as approved, and completed in a timely manner.

43. The approved development shall be carried out in accordance with the extended Phase 1 Habitat Survey prepared by Capita dated February 2016 and in accordance with the findings of Sports Pavilion, Tree and Bat Survey, document KLEC-WSP-XX-XX-RP-Y-0007, prepared by WSP Parsons Brinckerhoff dated October 2016.

REASON: In the interest of nature conservation, to ensure that no statutorily protected species are disturbed or otherwise harmed by the development.

44. No works in relation to the demolition of the Broomfield Sports Pavilion shall commence, other than any detailed survey work, until details of the Method Statement, detailing any mitigation required in relation to European Protected Species (bats), has been submitted to, and approved in writing by, the Planning Authority (in consultation with Scottish Natural Heritage). Thereafter development shall be undertaken in accordance with the approved details.

REASON: To ensure that appropriate measures are undertaken to safeguard a protected species.

45. Further to Condition 44 above, all works on site shall be undertaken in accordance with the approved details.

REASON: To ensure that appropriate measures are undertaken to safeguard a protected species.

46. No demolition of any part of the existing Cumnock Academy building estate shall commence until a bat pre-commencement survey has been undertaken, and a report of survey has been submitted to, and approved in writing by, the Planning Authority (in consultation with Scottish Natural Heritage. The survey shall cover all buildings within the area of the site south of the Lugar Water and the Report of Survey shall include mitigation measures where any impact, or potential impact, on protected species or their habitat has been identified. In the event of such works being phased, such phasing shall to be reflected in corresponding Survey and/or mitigation works as required.

REASON: To ensure that appropriate measures are undertaken to safeguard a protected species.

47. Further to Condition 46 above, all works on site shall be undertaken in accordance with the approved details unless otherwise agreed in writing in advance of any such works by The Planning Authority (in consultation with Scottish Natural Heritage).

REASON: To ensure that appropriate measures are undertaken to safeguard a protected species.

48. No development shall commence, other than any detailed survey work, until a detailed method statement for the removal/eradication of Japanese knotweed (Fallopia japonica) on the site has been submitted to and approved in writing by the Planning Authority. The method statement shall include proposed measures to prevent the spread of Japanese knotweed during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any movement of soil within the site, or to and from the site, are free of the seeds/root/stem of any invasive plant covered under the Wildlife and Countryside Act 1981 unless subject to agreed control measures included within the approved method statement.

REASON: In the interest of the natural environment and to prevent the possible spread of Japanese knotweed (Fallopia japonica) resulting from development on site.

49. The approved method statement for the removal/eradication of Japanese knotweed (Fallopia japonica) shall be implemented in accordance with the approved details per Condition 48 and any approved works therein shall commence on initiation of development.

REASON: to ensure that the approved details are undertaken as approved and in a timely manner for the protection of the natural environment.

50. The 2 new grass pitches and 2 new synthetic pitches hereby approved will be designed and constructed by a recognised (e.g. The Sports and Play Construction Association (SAPCA) registered) specialist pitch contractor and details of the contractor and pitches specification (including dimensions) shall be submitted and approved in writing by the Planning Authority (in consultation with Sportscotland) prior to the commencement of works on site.

REASON: To ensure appropriate design and construction of replacement pitches.

51. Further to condition 50 above, the approved sports pitches shall be implemented in accordance with the approved details and shall be installed in accordance with the approved phasing plan, as approved under Condition 1.

REASON: To ensure that the sports pitches are implemented as approved and in a timely manner.

52. The 2 new synthetic pitches hereby approved shall be completed and operational prior to the construction of the school campus building.

REASON: To ensure timeous replacement of pitches directly affected by development and maintain local access to pitch facilities.

53. The new athletics track will be designed and constructed by a recognised (e.g. The Sports and Play Construction Association (SAPCA) registered www.sapca.org.uk) specialist track contractor and in accordance with the SAPCA Code of Practice for the Construction and Maintenance of Athletics Tracks. Details of the contractor and track specification shall be submitted to and approved in writing by, the Planning Authority prior to the commencement of works on site.

REASON: To ensure appropriate design and construction of replacement athletics track.

54. Further to condition 53 above, the approved athletics track shall be implemented in accordance with the approved details and shall be completed in accordance with the approved Phasing Plan as approved under Condition 1 above.

REASON: To ensure that the athletics track is implemented as approved and in a timely manner.

55. All outdoor sports facilities shall be completed and operational within 1 year of completion of the school campus building.

REASON: To ensure timeous reinstatement of outdoor sports facilities directly affected by development.

56. No works shall commence, other than any detailed survey work, until the submission of an agreed Schedule of Works, (in relation to coal mining legacy issues), of further intrusive site investigation works. This Schedule shall be submitted to, and approved in writing by, the Planning Authority (in consultation with the Coal Authority). The Schedule of Works shall address the following points;

a. Identify further intrusive site investigations for written approval prior to such works being undertaken, and; b. Undertake the intrusive site investigation in accordance with the approved details, and; c. Provide a report of findings arising from the intrusive site investigations, and; d. Subject to findings arising shall submit a further scheme thereafter of remedial works for approval, and e. Implement the agreed remedial schemes to a timetable agreed in writing by the Planning Authority (in consultation with the Coal Authority).

REASON: In order to ensure that the site is suitable for redevelopment given past coal mining activities within the area and that works are undertaken in a timely manner.

57. Further to the details approved under Condition 56 above, the approved Schedule Of Works shall be implemented in full, and in accordance with the Phasing Plan as approved under Condition 1 above.

REASON: In order to ensure that the site is suitable for redevelopment given past coal mining activities within the area and that works are undertaken in a timely manner.

58. No works shall commence, other than any detailed survey work, within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has first been submitted in writing by the applicant, agreed by the West of Scotland Archaeology Service (WoSAS), and approved by the Planning Authority.

REASON: In order to protect the archaeological and historic interest of the site.

59. Further to the details approved under Condition 58 above, all works on site shall be undertaken in accordance with the agreed programme of works and all recording and recovery of archaeological resources within the development site shall be undertaken to the satisfaction of the Planning Authority (in consultation with the West of Scotland Archaeology Service).

REASON: In order to protect the archaeological and historic interest of the site.

60. Prior to the demolition of Cumnock Academy a photographic record shall be made of Cumnock Academy. The photographic record shall be submitted to, and approved in writing by, the Planning Authority prior to any demolition works on the affected buildings.

REASON: In order to provide a historic record of the building.

61. No development of the wildlife area on the north side of the Lugar Water, east of the pipe and bund shall occur until a management strategy for this area has been submitted in writing to, and approved by, The Planning Authority (in consultation with the Countryside Service).

REASON: In order to safeguard amenity and in the interests of biodiversity.

62. Further to the details approved under Condition 61 above, all works on site shall be undertaken thereafter in accordance with the approved Management Strategy.

REASON: In order to safeguard amenity and in the interests of biodiversity.

63. No ground preparation work, including clearance of vegetation, shall take place between the first day in March and the last day in August in any year unless the site has been examined by a suitably qualified ecologist and declared free of nesting birds.

REASON: In the interests of nature conservation. 64. All trees to be felled which are suitable for bat use, especially those with cracks or holes, shall be inspected for use by bats by a suitably qualified person. Best practice shall be used such as based on the Bat Conservation Trust, Good Practice Guidelines, 2nd edition, 2012 to guide felling where roost sites are possible. Felling should be undertaken outwith the hibernation period and trees de-limbed and felled from the top down to allow bats to escape. If bats are found, then work shall stop immediately and further advice sought from Scottish Natural Heritage (SNH).

REASON: In the interests of environmental protection and in relation to a European Protected Species. 65. Notwithstanding Condition 3 above, construction works shall be restricted to between 8am and 6pm Monday to Friday; between 8am and 1pm on a Saturday and not at all on a Sunday, unless otherwise agreed in writing in advance with the Planning Authority.

REASON: In terms of the protection of residential amenity.

66. Other than the requirements of condition nos. 48 and 49 no topsoil and/or subsoil shall be either imported onto the site or exported from the site for the purposes of infilling or upraising ground levels without the prior written approval of the Planning Authority.

REASON: In order to control the development of the site and materials used in the making up of ground levels.

ADVISORY NOTES 1. Ayrshire Roads Alliance Road works associated with the proposed development require Road Construction Consent (RCC) before construction can start in relation to the given elements. RCC requirements are expected to reflect the phasing of the development and require to be completed prior to the first use of the campus buildings.

Access to the proposed development will be provided via 2 main access Points;

 The Northern Access will be via Underwood Rd which will be Signal Controlled. RCC will be required. As part of the Northern Access Junction the Mini Roundabout access to Cherrytrees will also be upgraded to Traffic Signal Control and will require RCC. These are as indicated within the TA Addendum Fig 4.1.  The Southern Access will be via a new Traffic Signal Controlled Junction on Ayr Rd at the access to the existing Cumnock Academy Site and will require RCC. This is as indicated in the TA Addendum Fig 4.2 and will be further refined and improved to take account of additional events and discussions that have taken place since the Planning Application was initially lodged.

These junctions are in the main all within the Red Line Site or are under EAC Control and Ownership; any additional ground required for junction improvements will be acquired by the roads authority and will form part of the adopted roadway. RCC should be secured

RCC will also be required in relation to the required improvements on the footway on Auchinleck Road between Auchinleck and Cumnock. This shall also be required to be completed prior to the opening/first use of the Knockroon Learning and Enterprise Campus.

A new 20 mph School Safety Zone will require to be advertised and implemented on Auchinleck Rd between the current entrance into the Knockroon Residential Site at the Kirk’s Alarm and Lugar Bridge.

A package of Traffic Regulation Order proposals will be identified to ensure that access and egress to the Campus, and On-street parking in the vicinity of the Campus is adequately controlled. These will be prepared and implemented prior to Campus opening where possible.

The applicant/developer is strongly advised to take note of the full consultation response lodged by the Ayrshire Roads Alliance for this proposal and this is available to view at www.east-ayrshire.gov.uk with particular reference to Condition 12 above.

2. East Ayrshire Council – Countryside Development Core Path Management It is requested that the developer considers and issues a statement on how he will manage the Core Path during the construction phase. It should be taken as a preferred position that the Core Path is managed as open during the construction phase or where required with limited localised closers for minimum periods of time. Any requests for temporary closers or temporary diversions will need to be supported by tangible reasons i.e. risk assessments and work method statements that detail managed access via signage or a banksmen as being impractical or involving a high degree of risk to public safety.

Issued statements on Core Path management during construction will require to be reviewed and considered by the Access Authority (ERC via EALT Countryside Services). The Access Authority will consider the submitted statements and consult with relevant local groups and user-representative bodies prior to signing it of as satisfactory. It would be preferable that this consultation stage was actioned via the developers statement being made available on the planning portal for public consideration and comment.

Where the above process results in any temporary diversion or stopping up conditions being attached to the planning approval it should be noted that the following formal process will be required out with the planning approval process;

Stopping up or diversion of a public path via the Town and Country Planning (Scotland) Act 1997 (s208 and Schedule 16) ‘A planning authority may by order stop up or divert any footpath or bridleway which is a public path (a core path is a public path) under these sections of the 1967 Act if satisfied that it is necessary to enable a development to be carried out where a planning permission has been granted. The order may provide for; the creation of an alternative path or path improvement, authorise or require works to be carried out, the preservation of any statutory undertaker’s rights, requirements over payments or contributions.

An order is promoted and public comment invited. Where no objections are received or received and not sustained the planning authority can confirm the order. If objections are received to the order and sustained then the opposed order must be referred to and be confirmed by the Scottish Ministers to allow the request.’

3. Protected Species - Halting of Work

You are advised that work on site must stop immediately, and Scottish Natural Heritage must be contacted, if evidence of any protected species or nesting/breeding sites, not previously detected during the course of the application and provided for in this permission, are found on site. For the avoidance of doubt, it is an offence to deliberately or recklessly kill, injure or disturb protected species or to damage or destroy the breeding site of a protected species. These sites are protected even if the animal is not there at the time of discovery. Further information regarding protected species and developer responsibilities is available from SNH: www.snh.gov.uk/protectingscotlands- nature/protected-species

4. Protected Species - Contractors' Guidance You must ensure that all contractors and other personnel operating within the application site are made aware of the possible presence of protected species, in particular given the recorded presence of bats. They must also be provided with species-specific information (incl. guidance on identifying their presence) and should be made aware of all applicable legal requirements (incl. responsibilities and penalties for noncompliance).

5. Scottish Water Have recommended the following;

Due to the capacity at the treatment works, to allow Scottish Water to fully appraise the proposals it is suggested that the applicant completes a Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water. The applicant can download a copy of the PDE Application Form, and other useful guides, from Scottish Water’s website at the following link www.scottishwater.co.uk/business/connections/connecting- your-property/new-developmentprocess-and-applications-forms/pre-development- application

Further investigations regarding the network may be required to be carried out once Scottish Water have received a formal application.

The applicant should be aware that Scottish Water is unable to reserve capacity at their water and/or waste water treatment works for the proposed development. Once a formal connection application is submitted to Scottish Water, pending the granting of full planning permission, a review of the availability of capacity at that time will be undertaken with the applicant advised accordingly.

Infrastructure within boundary The applicant should identify any potential conflicts with Scottish Water assets. Details of this development has been provided to the Scottish Water Asset Impact Team. The applicant should contact them directly at [email protected]

The applicant should be aware that any conflict with assets identified may be subject to restrictions on proximity of construction.

Surface Water For reasons of sustainability and to protect customers from potential future sewer flooding, Scottish Water will not normally accept any surface water connections into their combined sewer system.

There may be limited exceptional circumstances where connection for brownfield sites only may be allowed, however this will require significant justification from the customer taking account of various factors including legal, physical, and technical challenges.

In order to avoid costs and delays where a surface water discharge to our combined sewer system is anticipated, the developer should contact Scottish Water at the earliest opportunity with strong evidence to support the intended drainage plan prior to making a connection request. Scottish Water will assess this evidence in a robust manner and provide a decision that reflects the best option from environmental and customer perspectives.

Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk

Trade Effluent Discharge from Non Dom Property: Certain discharges from non-domestic premises may constitute a trade effluent in terms of the Sewerage (Scotland) Act 1968. Trade effluent arises from activities including; manufacturing, production and engineering; vehicle, plant and equipment washing, waste and leachate management. It covers both large and small premises, including activities such as car washing and launderettes. Activities not covered include hotels, caravan sites or restaurants.

If you are in any doubt as to whether or not the discharge from your premises is likely to be considered to be trade effluent, please contact us on 0800 778 0778 or email [email protected] using the subject "Is this Trade Effluent?". Discharges that are deemed to be trade effluent need to apply separately for permission to discharge to the sewerage system. The forms and application guidance notes can be found using the following link https://www.scottishwater.co.uk/business/our- services/compliance/tradeeffluent/trade-effluent-documents/trade-effluent-notice-form-h

Trade effluent must never be discharged into surface water drainage systems as these are solely for draining rainfall run off.

For food services establishments, Scottish Water recommends a suitably sized grease trap is fitted within the food preparation areas so the development complies with Standard 3.7 a) of the Building Standards Technical Handbook and for best management and housekeeping practices to be followed which prevent food waste, fat oil and grease from being disposed into sinks and drains.

The Waste (Scotland) Regulations which require all non-rural food businesses, producing more than 50kg of food waste per week, to segregate that waste for separate collection. The regulations also ban the use of food waste disposal units that dispose of food waste to the public sewer. Further information can be found at www.resourceefficientscotland.com

6. East Ayrshire Council Environmental Health Service note that:-

i. The Biomass plant shall be operated in accordance with the manufacturers emissions test certificates. ii. Suitable dust suppression measures should be introduced where appropriate during the construction phase. iii. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning. iv. All drainage should be completed to the satisfaction of SEPA and/or Scottish Water. v. The premises will require to be registered with this office as a food business.

7. Scottish Power Energy Networks (Electricity) note that:-

There are HV and LV underground cables within the vicinity of the proposed development. SP Distribution reserve the right to protect and/or deviate their apparatus/cables at the applicant’s expense.

8. Scottish Gas Networks (Gas) note that:-

There are low/medium/intermediate pressure gas mains in the vicinity of the proposed site. There should be no mechanical excavations taking place above or within 0.5m of a low/medium pressure system or above or within 3.0m of an intermediate pressure system. You should, where required confirm the position using hand dug trial holes.

9. Listed Building Consent

Subject to the detail of road safety improvements in relation to the ‘B’ Listed Lugar Bridge on the Auckinleck Road, Listed Building Consent may be required. This shall be subject to confirmation pending the detail of works as proposed to extend the existing steel balustrade atop the sandstone boundary wall on the Lugar Bridge on the south side of Auchinleck Road to the junction with Holm Road. In the event that is required but cannot be secured, alternate means of achieving an appropriate safety outcome will be sought.

Reason for this Decision The proposed development is consistent with the policies of the development plan that relate, overall, to the strategic development of educational facilities. The application presents a development proposal which is considered in accordance with Cumnock settlement proposal, PROP 5, of the adopted East Ayrshire Local Development Plan (EALDP) (February 2017). The material consideration of issues, including those raised and informed by consultees and third parties, have been addressed in the assessment of the proposal, with no significant issues considered to be of sufficient weight to warrant a recommendation of refusal.