143
EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE – 18 JUNE 2021
Report by the Interim Head of Planning and Economic Development, Economy and Skills
SUBJECT: ERECTION OF A NEW OFFICE UNIT, NEW TURNSTILE ENTRANCE, MEMORIAL GARDEN, NEW SHOP AND CHANGING FACILITIES, FORMATION OF 9-A-SIDE AND 5-A-SIDE PITCH WHICH DOUBLES AS THE FAN ZONE ON MATCH DAY, THE INSTALLATION OF 10 NO. 10 METRE HIGH FLOODLIGHTS AND THE ERECTION OF A 2 METRE HIGH BOUNDARY FENCE AT KILMARNOCK FOOTBALL CLUB LTD RUGBY PARK RUGBY ROAD KILMARNOCK EAST AYRSHIRE KA1 2DP (20/0081/PP)
Click for Application Details: 20/0081/PP | Erection of a new office unit, new turnstile entrance, memorial garden, new shop and changing facilities, formation of 9-a-side and 5-a-side pitch which doubles as the fan zone on match day, the installation of 10 no. 10 metre high floodlights and the erection of a 2 metre high boundary fence. | Kilmarnock Football Club Ltd Rugby Park Rugby Road Kilmarnock East Ayrshire KA1 2DP (east- ayrshire.gov.uk) PURPOSE OF REPORT 1. The purpose of this report is to present for determination an application for planning permission which is to be considered by the Planning Committee under the Council’s Scheme of Delegation as it is subject to more than 10 separate objections from persons/organisations/third parties, notwithstanding it is a Local Development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Local Development Plan and accordingly, the appropriate route of determination should be by the Planning Committee due to the number of objections that have been received.
RECOMMENDATION 2. It is recommended that the Planning Committee approve the Planning Application subject to conditions as detailed in Appendix 1 at the end of this report. APPLICATION DETAILS 3. Site Description: The application site covers a triangular area of land to the south of the Moffat Stand at Rugby Park, Kilmarnock. The site is located centrally within Kilmarnock with Rugby Park football stadium to the north, the Park Hotel and associated car parking to the west and residential properties on Dundonald Road to the south. The residential properties to the south are approximately 35 metres from the site boundary which runs along the common boundary between the land at Rugby Park and the residential properties.
144 4. The site is currently a tarmacked area to the south of the Moffat Stand that serves as car parking and a fan enclosure behind the stand. The enclosed area is bound by a brick wall approximately 3 metres in height and within this area there are a number of temporary containers that are used as office space for the football club. The area also acts as the exit for fans attending events within the stadium.
5. The site is accessed from Dundonald Road via Dundonald Place with other areas of car parking to the west and north of the site.
6. Under the provisions of the East Ayrshire Local Development Plan 2017, the application site is located within the Kilmarnock Settlement Boundary, with no specific land designation.
7. Proposed Development: The proposals seek to create 175 square metres of office space, cantilevered over new, modern turnstile arrangements. The club shop will also be relocated to the proposed building with changing facilities also provided. The proposal will also include the installation of two training pitches, one measuring 45 metres x 60 metres with 3-metre run-offs surrounding the pitch and one measuring 30 metres by 20 metres, a memorial garden and floodlighting. A new 5000mm boundary wall around the development will be erected and an exit route from the stadium a minimum of 5 metres wide retained at the southern boundary of the site by incorporating approximately 18 metres of hinged fencing in this location.
8. The proposed building will be an inverted ‘T’ shape and will measure a maximum of 24,513mm in width, 24,000mm in depth and 6,200mm in height. It will be located at the northern end of the site and will be primarily two storeys with outlying sections at the southern end of the single storey. The building will form a new entrance to the Moffat Stand with new turnstiles located below the cantilevered offices. The club shop and changing facilities are also proposed to be located within the building. From the plans provided, the building will be finished with a mix of grey, blue and yellow cladding, grey framed windows and the club bade on the southern and eastern elevations.
9. The proposed training pitches will be finished with 3G surfaces and enclosed with blue crosswire fencing. The pitches will be to the south of the office building. 10 no. 10 metre high floodlights, 8 will surround the larger training pitch and will be orientated in an easterly and westerly direction. The remaining two floodlights will be located to the south of the smaller training pitch and orientated in a northerly direction.
10. The memorial garden will be an ‘L’ shape with commemorative plaques on the new boundary wall with a pathway and planting to the North West.
11. The proposed boundary wall will be 2606mm in height with a further 2391mm of Dulok sports fencing located on top. The total boundary treatment will therefore be 5000mm in height. The wall will be finished with a mix of buff and red facing bricks. Three openings in the wall will be created to allow emergency access.
12. Further ancillary works are proposed including new footways and crossing points.
CONSULTATIONS AND ISSUES RAISED
13. Ayrshire Roads Alliance (Roads Section) (ARA) has no objections to the proposal and have made the following comments-
14. The existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals. The Ayrshire Roads Alliance have therefore no objections to the proposals.
145 The Ayrshire Roads Alliance comment above are noted and have been taken into account during the assessment and determination of the proposal. 15. Ayrshire Roads Alliance (Flooding Section) (ARA Flooding) has been consulted on three occasions relative to the proposal and have made the following comments over the course of the application which can be summarised as follows:-
16. Review of the SEPA Flood Maps indicates that the site is not within the flooding envelope, and therefore the risk of flooding is low.
17. The developer is required to show how the surface water will be managed, in a surface water management plan, detailing the retention/attenuation/SUDs (sized to accommodate the 1:200 yr rainfall storm event for the site), and this report will also detail the flood route to the retention such that no property on or off the site is put at risk of flooding.
18. Further if the discharge is to a watercourse open/piped/culverted the discharge from this retention will be limited to 4.5ltrs/sec/ha (retention sized to suit) if discharge is to SW asset they will determine the discharge rate.
19. ARA would require written proof of SW acceptance of this discharge prior to Roads Construction Consent (RCC) issue. All of the above being acceptable there would be no objection to the application from the flooding perspective.
20. The above comments were passed onto the agent for the application and subsequent revised information was provided. Following the receipt of the revised information ARA Flooding were re-consulted on the proposal and made the following comments:-
21. Evidence of the surface water flows and at what RP (return period), ideally 200 year RP (return period) plus Climate change uplift required. Evidence of sizing of the soakaway Details of ground water levels and soil permeability at the location of the soakaway to confirm feasibility of proposed soakaway including infiltration rates. From the flooding perspective, the application will be considered again upon receipt of the information.
22. Following the above comments, further additional supporting information was provided by the agent for the application and following further consultation the following comments were made-
1. Can percolation results be on company letter-head showing all internal approvals. 2. Can soakaway design calculations be on company letter head showing all internal approvals. 3. Details of soil material at the proposed location of the soakaway not given, would there be some geotechnical investigation carried out at the location.
23. The applicant has subsequently submitted revised details of a percolation test and soakaway design details to satisfy the above comments, and while there are no details of any geotechnical information, ARA Flooding have responded to the revised information with no objections on 02/06/2021.
24. East Ayrshire Council’s Inclusive Design Advisor has been consulted on the proposal and has made the following comments-
1. There are several areas of the design of the Memorial Garden which may not be inclusive; what is the width of the path?, what size will the gap be between the composite deck?, will a wheelchair user be able to access the area and have sufficient space to turn at the corner?, if the concrete cubes are to be used as seats, good design guidance recommends seating with arm and backrests, will the down lighters and uplighters cause confusion for some visitors due to shadows etc? 146 2. Will an extra wide turnstile be provided for those requiring extra space? 3. Will accessible changing facilities be provided (if so this may affect the footprint of the building? 4. Is there scope to include a Changing Places toilet within this development?
The comments from the East Ayrshire Inclusive Design Advisor have been noted and taken into consideration during the assessment of the proposal. Should Members’ choose to approve the application, landscaping details, including the details of the decking, can be sought by condition. Appropriate advisory notes can also be passed onto the applicant/agent to advise of the turnstiles and accessible changing facilities.
25. East Ayrshire Council Environmental Health Service (EH) has offered no objection to the proposal. Following an initial consultation they made the following comments-
26. With reference to the Planning Application for Kilmarnock Football Club Ltd, there are two potential pollutants EH would like the applicant to manage:
27. Light Pollution: EH have no objection to the Lighting Plan, notwithstanding this the applicant must take all precautions to ensure no light is spilled out-with the Development Site.
28. Noise Impact: As the formation of new pitches are likely to make fundamental changes to the noise experienced at the houses surrounding the site, a Noise Impact Assessment should be supplied by the applicant.
29. The above comments were passed onto the applicant and a Noise Impact Assessment was subsequently submitted by the agent for the application to address these comments. Following a further period of consultation, further comments from EH were provided which stated-
30. EH refer to the recent re-consultation regarding the above and to the earlier consultation response of the 10th of June 2020 in so far as it relates specifically to potential noise issues. EH can confirm that EH have now reviewed the Noise Impact Assessment (dated the 7th of September) submitted in support of the application. Accordingly, EH would confirm that this Service has no objection on grounds of potential noise impact to the approval of this application subject to the installation of an acoustical barrier as outlined in the Noise Impact Assessment of the 7th of September 2020.
The above comments from East Ayrshire Council’s Environmental Health Service has been noted. Should Members’ choose to approve this application, a condition can be attached to any consent to ensure that the acoustical barrier recommended in the Noise Impact Assessment is implemented on site prior to the training pitches being brought into use.
31. Sport Scotland - The proposal will not impact on the existing pitch at the site. The proposed works would provide additional ancillary facilities to the principal use of the site as an outdoor sports facility. Sportscotland has no objection to the planning application.
The comments above from Sport Scotland are noted and have been taken into account during the assessment and determination of the proposal. REPRESENTATIONS
32. Following the neighbour notification and public advertisement processes, representations from 17 separate parties have been received. 15 parties are objecting to the proposal, while 1 is in support of the proposal and 1 is neutral, neither supporting or objecting to the proposal. Uniform and IDOX were checked and verified on 3 June 2021. 147
33. Without prejudging the full consideration of the application, the objections that have been received, raise the following comments/issues;
Hours of operation of training pitches should be set to protect residents surrounding the site.
No specific details of the hours of operation have been provided, however in an email dated 14/04/2021, the agent has confirmed that the pitches will facilitate playing the clubs youth football games and that it is not intended at this stage for it to be open to the public at any times outwith the current match day requirements. Should Members’ choose to approve the application, a condition can be attached to any consent limiting the hours of operation and commercial activity on the site.
There will be an increase in noise from the proposed training pitches outwith match days. What is planned to mitigate effects from increased light and noise?
The Council’s Environmental Health Service has been consulted on the proposal, including the floodlight plans and Noise Impact Assessment. They have offered no objections to the proposal subject to the acoustic barrier recommended in the Noise Impact Assessment being implemented on site. The proposed light and noise is not considered to have a significant and unacceptable impact upon the amenity of the surrounding residential properties. Should Members’ choose to approve this application, a condition can be attached to any consent to ensure that full details of the acoustical barrier recommended in the Noise Impact Assessment are submitted and approved, and then implemented on site prior to the training pitches being brought into use.
A Noise Impact Assessment should be submitted.
A Noise Impact Assessment has been submitted by the agent for the application and concludes that there will be no significant impacts as a result of the development providing a noise acoustic barrier is provided. As stated above, The Council’s Environmental Health Service has been consulted on the Noise Impact Assessment and have had no objections subject to the acoustic barrier recommended in the Noise Impact Assessment being implemented on site. Should Members’ choose to approve this application, a condition can be attached to any consent to ensure that the acoustical barrier recommended in the Noise Impact Assessment is implemented on site prior to the training pitches being brought into use.
Are there any proposals to upgrade the existing boundary wall between site and existing properties on Dundonald Road.
The applicant has proposed to increase the height of the boundary wall with the residential properties to the south to 2 metres in height where it is not already 2 metres high, if planning permission is granted. This will be done by attaching a timber fence to the existing wall. Any consents legally required from adjoining neighbours in terms of shared ownership of the boundary wall will be a matter for the applicants to address as a civil issue.
The proposal will cause Traffic Pollution.
Ayrshire Roads Alliance (Roads Section) have been consulted on the proposal and have offered no objections to the application. They have stated that ‘the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals’. The proposal will 148 therefore have no significant and unacceptable impacts upon the road network and required parking provisions at Rugby Park or the neighbouring Park Hotel.
There is an area of land within the site not owned by the applicant (Kilmarnock Football Club)
The applicant/agent has revised the land ownership certificate to ownership certificate C and have stated that they have explored the Land Registry of Scotland and could not identify the persons/properties that own the land within the site that is not owned by Kilmarnock Football Club. The application has subsequently been advertised to notify any neighbours/landowners of the proposed development. In terms of the land ownership, this would be a legal issue that the applicant would need to address prior to the implementation of the application should it be approved.
The proposal will concentrate vehicular and pedestrian traffic closer to the residential property boundaries.
The application site is currently used for pedestrians exiting the stadium on match days. The proposal will not alter the current internal traffic arrangement considerably.
Loss of parking and traffic congestion
As stated above, Ayrshire Roads Alliance (Roads Section) have been consulted on the proposal and have offered no objections to the application. They have stated that ‘the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals’. The proposal will therefore have no significant and unacceptable impacts upon the road network and required parking provisions at Rugby Park or the neighbouring Park Hotel.
The pitches should not be used commercially and should only be for youth training/matches.
In an email dated 14/04/2021 the agent has confirmed that the pitches will facilitate playing the clubs youth football games and that it is not intended at this stage for it to be open to the public at any times outwith the current match day requirements. Should Members’ choose to approve the application, a condition can be attached to the consent limiting the commercial activity on the site.
No reference has been made to floodlighting.
The proposal has subsequently been revised to include details of the proposed floodlighting within the application description with associated plans also provided. Following the revisions/submission of revised plans the application was subsequently re-neighbour notified and advertised.
The proposal causes the overdevelopment of the site.
The proposal will enclose a large area to the south of Rugby Park, however, the actual structures on the site will be relatively small in comparison to the overall site area, with the majority of the site occupied by the largely open training pitches. The proposal is not considered to overdevelop the site.
The proposed training pitches will have a detrimental impact on the amenity of the neighbouring residential properties- it will cause overlooking and the loss of privacy. 149
The proposal will have a 5000mm boundary wall and fence installed. There will be no issues with overlooking and the loss of privacy of the neighbouring properties as a result of the proposal.
Will there be a PA system?
There are no details within the application of any PA (public announcement) system being installed.
Will the site be raised/lower to form level pitches?
Existing and proposed site levels have not been provided. Although the site is relatively flat and level, should Members’ choose to approve the application, existing and proposed site levels can be sought through a condition attached to any consent.
Crossing the 3G pitch when exiting the stadium will be a health and safety issue.
Both the Council’s Environmental Health Service and Inclusive Design Advisor have been consulted on the proposal and have made no comments in relation to the crossing of the 3G pitches when exiting the stadium. This is therefore not considered to be a significant health and safety issue. Regardless there is a responsibility on the club who work with the relevant agencies including Building Standers who will review the access and egress arrangements as part of the stadiums safety certificate to address such matters, therefore this matter is outwith the planning process.
The proposal will have a detrimental impact upon the neighbouring conservation area.
The proposal is located outwith the Dundonald Road Conservation Area and is adjacent to the existing sport stadium at Rugby Park. The proposal is not considered to be inappropriate given it is associated with Kilmarnock Football Club and is located adjacent to their stadium. In terms of the design, this will complement the stadium that the works are associated with. The proposal is not considered to have a significant impact on the character and amenity of the conservation area.
The acoustic fence should be professionally designed.
Should Members choose to approve the application full details of the acoustic fence can be requested through a condition on any consent, with the fence then implemented in accordance with the details approved.
There is insufficient detail of the lighting proposed.
The agent for the application has provided details of the location of the lighting columns, the light-head and calculations of the light-spill in areas surrounding the site. These details have been provided to the Council’s Environmental Health Service and they have had no objections in terms of light spill from the site. Should Member’s choose to approve the application, further details of the 10 metres high lighting columns can be sought.
Users will drop litter around the site
Should Members choose to approve the application, further details bin locations and designs can be sought and approved by the Planning Authority via condition in any consent. 150
Findings of the Noise Impacts Assessment are not convincing.
As stated above, The Council’s Environmental Health Service has been consulted on the Noise Impact Assessment and have had no objections subject to the acoustic barrier recommended in the Noise Impact Assessment being implemented on site. Should Members’ choose to approve this application, a condition can be attached to any consent to ensure that the acoustical barrier recommended in the Noise Impact Assessment is implemented on site prior to the training pitches being brought into use.
34. Again, without prejudging the full consideration of the application, The letters of support note the following points:-
Broadly supportive of the proposal but would like clarification of a few points:-
1. What are the proposed hours of operation for the 9-a-side and 5-a-side pitches?
No hours of operation have been set for the pitches, however should Members’ choose to approve the application, conditions can be attached to the consent restricting the times of operation of the floodlighting and any commercial usage of the pitches.
2. What if anything is planned to mitigate any increased light or noise nuisance emanating from the two proposed pitches?
A Noise Impact Assessment has been submitted and recommends an acoustic fence is erected to reduce the noise impacts of the training pitches. Lighting plans and calculations show that the proposal will not have a significant and unacceptable impact upon the neighbouring properties in terms of light spill.
3. Are there any improvements planned to the boundary wall with the properties on Dundonald Rd (including our own). For example, since this will now form the main ' avenue ' to access the East Stand, is there any consideration being given to increasing the height of this boundary wall (where necessary)?
Where the existing boundary treatments are below 2 metres in height it is proposed to raise the boundary treatment to 2 metres using timber fencing. Any consents legally required from adjoining neighbours in terms of shared ownership of the boundary wall will be a matter for the applicants to address as a civil issue.
35. Again, without prejudging the full consideration of the application, the neural letter raised the following comments:-
An up to date plan showing the development at Davie Sneddon Way would be useful.
The applicant was advised of this point and has stated that they have used the most up to date plan available.
It would be helpful to show the gates on the elevation and layout plans.
The location of the gates are shown on site plan 18.222.06G and a visual representation is given on elevation plan 18.222.05E. Further details of the boundary treatments are also shown on plan 18.222.38.
It is not clear how the fans will be separated when entering the stadium. 151
The agent has confirmed in an email dated 10/03/2020 that the existing separation strategy will continue and this is a matter for the club to address as part of the Safety Certificate Review which is outwith the planning process.
The design inspiration is odd, the design and colours should reflect better the existing development.
The applicant/agent agreed to revise the colour of the boundary fencing from green to blue to reflect better the colours incorporated into the adjacent sports ground. The overall design is considered to be in keeping and reflective of the materials and finishes incorporated into the existing sports ground.
Great to see this piece of land being developed for the club and community.
This comment is noted.
ASSESSMENT AGAINST DEVELOPMENT PLAN
36. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended requires that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise.
37. The Development Plan for the area comprises the adopted East Ayrshire Local Development Plan 2017 (EALDP) in respect of housing, town centres, economy, tourism, energy and infrastructure, the Minerals Local Development Plan 2020 in respect of mineral related matters, and associated statutory supplementary guidance. On this basis the policies relevant to this application are contained solely within the EALDP and it is these relevant policies within the EALDP which are considered in detail below.
38. Policy RES 11: Residential Amenity states 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. The proposal is for the erection of a new office building that will include turnstiles to access the Moffat Stand, the club shop and changing facilities. The proposal will also include the installation of two 3G training pitches and associated lighting, boundary treatments and a memorial garden.
152 The site will be approximately 35 metres from the nearest neighbouring residential properties with the nearest point of the proposed training pitches approximately 38 metres and 48 metres respectively, with the office building approximately 90 metres from the nearest residential property.
The proposed boundary wall will be 2606mm in height with a further 2391mm of Dulok sports fencing located on top, giving a total boundary treatment height of 5000mm- other than an 18 metre stretch at the south eastern corner of the larger training pitch where the boundary treatment will be purely fencing that is hinged to allow access for pedestrians to pass through on match days.
Given the location of the development to the south of the existing stadium, and the nature of the proposal being ancillary to existing football operations within and around the stadium, the proposed siting of the development is considered to be appropriate. Given also the scale of the boundary treatments proposed, the development will be largely screened from public areas. The materials as shown on the elevations plans will closely resemble the existing materials and colours incorporated into the stadiums. The proposal is therefore not considered to have significant visual impacts upon the area privacy of the neighbouring residential properties. Furthermore, it is proposed to raise any boundary with the residential properties below 2 metres up to 2 metres in height which will provide additional screening. Any consents legally required from adjoining neighbours in terms of shared ownership of the boundary wall will be a matter for the applicants to address as a civil issue.
The proposed office, shop, turnstiles and changing facilities, and memorial garden will be relatively small in scale and in close proximity to the existing stadium and adjacent Park Hotel. These elements are considered to have no impacts upon the residential amenity of the nearest residential properties.
In terms of noise and lighting from the training pitches impacting upon the neighbouring properties, the applicant has provided a Noise Impact Assessment and lighting plan with spill calculations. The Council’s Environmental Health Service has been consulted on the information submitted and have offered no objections to the proposal subject to the acoustic barrier recommended in the Noise Impact Assessment being implemented on site. The proposed light and noise is therefore not considered to have a significant and unacceptable impact upon the residential amenity of the surrounding residential properties. Should Members’ choose to approve this application, a condition can be attached to any consent to ensure that full details of the acoustical barrier recommended in the Noise Impact Assessment are submitted and approved, and then implemented on site prior to the training pitches being brought into use, in the interests of residential amenity. To ensure that there are no residential amenity issues, conditions can also be attached to any consent limiting the hours of operation and commercial usage of the training pitches.
In terms of the memorial garden, it will be located at the northern most point of the proposed site and will face towards the existing access road and car parking, with the Park Hotel opposite. It will be small in scale and is considered to provide a feature (including landscaping) to the stadium development. It will not impact upon the residential amenity of any of the nearby residential properties.
Overall, given the nature of the proposal and the close proximity to the existing facilities at Rugby Park, should Members’ wish to approve the application subject to conditions mentioned above, then the proposal is not considered to have a significant and unacceptable impact upon the residential amenity of the neighbouring properties to the south of the application site. 153
39. Policy T1: Transportation requirements for new development states that 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.
Ayrshire Roads Alliance (ARA) have been consulted on the application and have offered no objections to the proposal stating ‘the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals’. The proposal is therefore not considered to have a significant or unacceptable impact upon the public road network surrounding the site or the car parking provisions required by the stadium and Park Hotel. The proposal is therefore considered to meet with the requisite standards of ARA and the proposal is compliant with Policy T1.
40. Policy INF2: Installation of Next Generation Broadband for New Development, states that Developers of new residential or business and industrial developments will be required to install the necessary infrastructure to enable all new premises to be connected to the existing fibre optic network, where available in East Ayrshire, and in accordance with the relevant telecommunications provider’s standards. Developers will be required to ensure that all new premises have a full fibre connection to the network ensuring that next generation broadband speeds of 100 Megabytes per second and above can be provided.
Given that the proposal is for the erection of new office accommodation, Policy INF2 is applicable. However, no details of the broadband connections have been provided. Whilst there are other relevant issues to consider, should Members choose to grant consent a condition can be imposed on any consent to ensure that the appropriate hardware is provided on site.
41. Policy INF4: Green Infrastructure, states that 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 Schedule 8 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.
The proposal is below the threshold outlined within Schedule 8 of the LDP which requires the provision of on-site open/green space.
42. Policy INF 7: Outdoor Sports Facilities states that 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 154 • 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.
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.
Sport Scotland have been consulted on the proposal and they have stated ‘the proposal will not impact on the existing pitch at the site. The proposed works would provide additional ancillary facilities to the principal use of the site as an outdoor sports facility. Sportscotland has no objection to the planning application.
The proposal will supplement and improve the facilities provided by Kilmarnock Football Club at Rugby Park. The proposal will replace the temporary containers and building currently housing offices, changing facilities and the club shop, with permanent facilities. The proposal will also provide two training pitches, 1 measuring 45 metres x 60 metres with 3 metre run-offs surrounding the pitch and 1 measuring 30 metres by 20 metres. These proposals will all be ancillary to the existing operations within the adjacent football stadium and will enhance the site as an outdoor sports facility.
The proposal is considered to complaint with Policy INF7 (i).
43. Policy WM 3: Sustainable Waste Management and New Developments states that 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-contamination 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
No details of the waste management services for the new building, training pitches and pedestrian egress route have been provided. Whilst there are other relevant issues to consider, should Members choose to grant consent, a condition can be imposed on any consent to ensure that the appropriate waste management services are provided on site.
44. Policy ENV3: Conservation Areas states that development or demolition within a conservation area or affecting its setting, shall preserve and enhance its character and be consistent with any relevant conservation area appraisal or management plan. Any development should be sympathetic to the area in terms of its layout, size, scale, design, siting, material and colour and should seek to enhance the architectural and historic qualities of the area.
155 Where a building contributes positively to the character of a conservation area, its proposed demolition should be assessed against the criteria contained in ENV1. Where it does not contribute to the character, demolition will be supported where a high quality redevelopment or, in exceptional circumstances, a landscaping scheme is proposed as a replacement.
The proposal is outwith the Dundonald Road Conservation Area, the boundary of which runs along the northern boundary of the residential properties on Dundonald Road. The finishes proposed for the development will be complementary to the existing stadium to which the works are associated. They are therefore considered to be sympathetic to the immediate area and setting in which they are located and are not considered to have a detrimental impact upon the character of the nearby conservation area.
45. Policy ENV12: Water, air and light and noise pollution states-
Water- 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).
The proposal includes the provision of a soakaway within the application site to which the surface water drainage will be directed. Details of the percolation tests, soakaway design and drainage details have all been provided. Ayrshire Roads Alliance Flooding Service have been consulted on the information submitted and have had no objections to the application. The proposal is therefore considered to have no impacts upon the water environment.
Air- 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.
The proposal is not considered to have any air quality impacts.
Light- 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.
156 The proposal will include the installation of ten no. 10 metres high lighting columns to floodlight the proposed training pitches. The agent for the application has provided details of the location of the lighting columns, the light-head and calculations of the light-spill in areas surrounding the site. These details have been provided to the Council’s Environmental Health Service and they have had no objections in terms of light spill from the site. Should Members choose to approve the application, further details of the 10 metres high lighting columns can be sought.
Overall, the proposed lighting is not considered to have a significant and unacceptable adverse impact upon the residential properties that bound the application site.
Noise- 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
A Noise Impact Assessment prepared by Charlie Fleming Associates, Acoustical Consultants and Noise Control Engineers, and dated 7th September 2020 has been submitted by the agent for the application. The report concludes-
‘Kilmarnock Football Club proposes to lay two synthetic turf football pitches beside its stadium at Rugby Park, on Rugby Road, in Kilmarnock. Concerns were raised that sound from the proposed pitches might disturb the residents of the houses in the vicinity. Accordingly, one of East Ayrshire Council’s environmental health officers asked for a noise impact assessment to be prepared to accompany the planning application. East Ayrshire Council’s planning reference is 20/0081/PP. Charlie Fleming Associates was appointed, by Kilmarnock Football Club, to prepare the noise impact assessment.
In an exercise of this nature, it is usual to measure the sound from existing sports pitches, and then use the results obtained to predict what levels will emanate from the proposed ones. Section 2.0 of this report describes how the sound from existing sports pitches was measured, and the results are presented and discussed in Section 3.0.
In Section 4.0, the sound levels measured at the existing pitches have been used to calculate those likely in the houses at 81 Dundonald Road and 24 Rowanhill Place, as these are some of those which will be most exposed to the sound. The sound has also been calculated in one of the flats at 2 Dundonald Place. The sound inside these dwellings was found to be within the suggested limit.
In the garden of 81 Dundonald Road, the sound was found to exceed the suggest limit. To reduce the sound it is suggested that an acoustical barrier be constructed as described in Section 4.10. In the garden of 24 Rowanhill Place the sound was found to be within the suggested limit and so does not need reduced in that respect.’
As stated previously, the Council’s Environmental Health Service has been consulted on the Noise Impact Assessment and have had no objections subject to the acoustic barrier recommended in Section 4.10 of the Noise Impact Assessment being implemented on site. Further details of the design and implementation of the acoustic fencing can be sought by condition, should Members’ choose to approve the application. This would ensure that the proposal does not have any significant noise impacts upon the nearby residential properties, and in turn would ensure that the proposal is compliant with the Noise section of Policy ENV12.
157 46. Policy ENV 14 Low and Zero Carbon Buildings states that 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.
No details of the building construction have been provided. These details will be further assessed through the building warrant process, and it is therefore considered to be appropriate to address this policy requirement by a condition, should Members’ choose to approve the application.
47. Overarching Policy OP1 states 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 Local Development Plan and Scottish Planning Policy 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;
The proposed site is not designated for any particular use within the East Ayrshire Local Development Plan. The proposed works will be ancillary to the existing sports ground, with the size and scale of the works considered to be appropriate for the location. The proposed building will house offices, turnstiles, changing facilities and the club shop, all of which will be relocated from the temporary facilities within the immediate vicinity of the site. The proposal will therefore offer permanent facilities for operations associated with the running of the football club. The training pitches and floodlighting will also support the existing use as a sport ground. The development works will be largely enclosed by the proposed boundary treatments, and finished with materials that will reflect and respect the existing finishes of the sports stadium and Kilmarnock Football Club colours. In terms of the memorial garden, it will be located at the northern most point of the proposed site and will face towards the existing access road and car parking, with the Park Hotel opposite. It will be small in scale and is considered to provide a feature (including landscaping) to the stadium development. This will be a small area open to the community and is not considered to have any significant and unacceptable impacts upon the general character and amenity of the area.
As can be seen above, subject to appropriate conditions being attached to any consent, the proposal is not considered to be compliant with the relevant polices of the East Ayrshire Local Development Plan 2017.
(ii) Be fully compatible with surrounding established uses and have no unacceptable impacts on the environmental quality of the area;
The proposal will include the installation of two training pitches to the south of the proposed office/turnstile/shop building. These will include ten no. 10 metre high floodlights. Following the submission of supporting information and consultation with the Council’s Environmental Health Service, the proposal is not considered to have a significant impact in terms of noise and light spill. The proposal is therefore considered to be compatible with the established uses surrounding the application site.
158 (iii) Ensure that the size, scale, layout, and design enhances the character and amenity of the area and creates a clear sense of place;
The proposal will supplement and improve the facilities provided by Kilmarnock Football Club at Rugby Park. The proposal will replace the temporary facilities currently housing offices, changing facilities and the club shop, with a permanent building. The proposal will also provide two training pitches, one measuring 45 metres x 60 metres with 3 metre run-offs surrounding the pitch and one measuring 30 metres by 20 metres. These proposals will all be ancillary to the existing operations within the adjacent stadium and will enhance the site as an outdoor sports facility.
Given the nature of the proposal, its location adjacent to the sports ground (Rugby Park) utilised by Kilmarnock Football Club and its ancillary use by the football club, the proposal is considered to be appropriate. The development site is currently an area of tarmacked ground that forms additional car parking to the south of the stadium and an area within the stadium enclosure to the south of the Moffat Stand. The proposal will effectively expand the stadium enclosure to align with the access road to the west and to the boundary with the neighbouring properties to the south. The development within the site will therefore be largely screened and the development that is visible from outwith the site will be finished with materials that will reflect and respect the adjacent stadium and Kilmarnock Football Club colours.
Supporting information (Noise Impact Assessment and Lighting Plan) and subsequent consultation carried out with the Council’s Environmental Health Service has demonstrated that the proposal will not have a significant and unacceptable impact upon the nearby residential properties subject to the implementation of the recommended acoustic fencing.
In terms of the memorial garden, it will be located at the northern most point of the proposed site and will face towards the existing access road and car parking, with the Park Hotel opposite. It will be small in scale and is considered to provide a feature (including landscaping) to the stadium development. This will be a small area open to the community and is not considered to have any significant and unacceptable impacts upon the general character and amenity of the area.
Overall, the size and scale of the proposal is considered to be appropriate for the location and will ensure that it remains ancillary to the adjacent sports ground. With appropriate conditions attached to any consent, the proposal is not considered to have a significant and unacceptable impact upon the character and amenity of the area.
(iv) Where possible, reuse vacant previously developed land in preference to greenfield land;
The proposed site is currently an area of tarmacked ground to the south of the Moffat Stand at Rugby Park. The proposal will not result in the development of a greenfield site.
(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;
The proposed development has been designed to reflect the colour and appearance of the adjacent, ancillary sports ground. The design is considered to be in keeping with the general appearance of Rugby Park. The proposal is not considered to have a significant impact upon the amenity of the surrounding properties. 159
(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;
Not applicable.
(vii) Be compatible with, and where possible implement, projects shown on the LDP placemaking maps;
Not applicable.
(viii) Ensure that there is no unacceptable loss of safeguarded areas of open space/green infrastructure and prime quality agricultural land;
Not applicable. The proposal will not impact upon any safeguarded open space/green infrastructure or prime quality agricultural land.
(ix) Protect and enhance natural and built heritage designations and link to and integrate with green infrastructure where possible;
The proposed development is located outwith the Dundonald Road Conservation Area, however the conservation area forms a boundary with the southern boundary of the application site. The proposal will redevelop an area of tarmacked ground to the south of the stadium and effectively enlarge the stadium enclosure. Given the nature of the proposal and its location adjacent to the existing sports ground the siting is considered to be appropriate. Supporting information provided by the agent for the application, and subsequent consultations undertaken, has shown that the proposal will not have a significant impact upon the amenity of the surrounding properties. The proposal is therefore not considered to have a detrimental impact upon any natural and built heritage designations.
(x) Ensure that there are no unacceptable impacts on the landscape character or tourism offer of the area;
The proposal is located adjacent to the Park Hotel. The proposal will not alter the access arrangements of parking provision for the hotel and therefore has no negative impact on the tourism facilities offered in the area.
(xi) Meet with the requirements of all relevant service providers and the Ayrshire Roads Alliance; and
Ayrshire Roads Alliance (ARA) have been consulted on the application and have offered no objections to the proposal stating ‘the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals’. The proposal is therefore not considered to have a significant or unacceptable impact upon the public road network surrounding the site or the car parking provisions required by the stadium and Park Hotel. The proposal meets with the requisite standards of ARA. (xii) Be accessible to all.
To ensure that the applicant is aware of accessibility requirements, should Members’ choose to approve the application, advisory notes can be attached to any consent.
160 Conclusion
As is detailed within the report above, the application has been found to be compliant with Policies RES11, T1, INF7, ENV3 and ENV12 within the Local Development Plan. Should Member’s choose to approve the application, appropriate conditions can be attached to the consent to ensure compliance with Policies INF2, WM3, ENV14. The proposal will consequentially be compliant with Overarching Policy OP1 (i), (ii), (iii), (v), (xiii), (ix) and (xi).
ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
48. The main material planning considerations are the planning history, consultations received, representations received, impacts on the visual and residential amenity of the area, the Noise Impact Assessment, Design and Access Statement and Scottish Planning Policy.
49. Planning History
96/0108/FL- Proposed Provision of New Windows to the Park Suite and Bar and External Alterations to Form Canopy: Approved with conditions, 18/06/1996. 00/0656/FL- Proposed Erection of Banqueting and Conference Centre with Bedroom Support: Approved with conditions, 21/11/2000. 16/0313/PP- Siting of 2no modular buildings (in retrospect): Approved with conditions, 26/10/2016.
18/0513/PP- Installation of 3 no temporary buildings and removable mini football pitch (retrospective): Approved with conditions, 05/09/2018.
21/0232/PP- Installation of offices within Moffat Stand comprising several pre-fabricated cabins & a new partition: Approved with conditions, 18/05/2021.
This proposal will replace the temporary buildings approved under application 18/0513/PP and provide a permanent solution to the provision of office space, changing facilities and club shop. The site will also occupy the site of the removable mini football pitch the south of the Moffat Stand. All of the works approved under application 18/0513/PP are within the existing facing brick boundary enclosure.
Consultation Responses
50. Ayrshire Roads Alliance (Roads Section), Ayrshire Roads Alliance (Flooding Section), East Ayrshire Inclusive Design Advisor, East Ayrshire Council’s Environmental Health Service, and Sport Scotland have all be consulted on the proposal. None of the comments received have raised issues that cannot be addressed through conditions, should Members’ choose to approve the application. East Ayrshire Council’s Environmental Health Service has no objections to the proposal subject to the acoustic fencing recommended in the Noise Impact Assessment being implemented on site. Therefore conditions can be attached, if the application is approved, requiring the applicant to provide details of the proposed fencing for approval and the implementation of the approved fencing prior to the training pitches being brought into use. Similarly, comments from the East Ayrshire Inclusive Design Advisor can be passed onto the applicant in advisory notes, should Members’ choose to approve the application.
161 Representations
51. In total 17 parties have made representations to the proposal, 15 of which are objecting to the application, while 1 is in support and 1 takes a neutral stance. The representations objecting to the proposal have raised valid points about the car parking within the stadium/hotel area, impacts on the visual amenity of the area, impacts on the residential amenity of the area through overlooking, loss of privacy, light spill and noise, and the overdevelopment of the site.
52. In terms of the neutral and supportive comments, these representations raised questions about the detail contained within the application rather than the principle of the development itself, including, the hours the training pitches will be used, how noise and light impacts will be mitigated, what changes to the boundary treatments there will be, and the design and colour of the development works.
53. The proposed works will be ancillary to the existing sports ground, with the size and scale of the works considered to be appropriate for the location. The proposed building will house offices, turnstiles, changing facilities and the club shop, all of which will be relocated from the temporary facilities within the immediate vicinity of the site. The proposal will therefore offer permanent facilities for operation associated with the running of the football club. The training pitches and floodlighting will also support the existing use as a sport ground. The development works will be largely enclosed by the proposed boundary treatments, and finished with materials that will reflect and respect the existing finishes of the sports stadium and Kilmarnock Football Club colours. In terms of the memorial garden, it will be located at the northern most point of the proposed site and will face towards the existing access road and car parking, with the Park Hotel opposite. It will be small in scale and is considered to provide a feature (including landscaping) to the stadium development. This will be a small area open to the community and is not considered to have any significant and unacceptable impacts upon the general character and amenity of the surrounding area. Overall, the development is considered to be of an appropriate scale and use of the currently tarmacked area.
54. The proposed boundary wall with fencing above will restrict views to neighbouring residential properties ensuring that there are no significant overlooking and privacy issues as a result of the development. In terms of the noise and light spill created by the training pitches and associated floodlighting, supplementary information in the form of a Noise Impact Assessment and lighting plan have been submitted with East Ayrshire Environmental Health Service having had no objections to the proposal subject to the acoustic fencing recommended in the Noise Impact Assessment being implemented on site. Subject to conditions, the proposal is therefore not considered to have a significant and unacceptable impact, in term of noise and light spill, on the neighbouring residential properties.
55. In terms of the access and car parking, Ayrshire Roads Alliance (Roads Section) have been consulted on the proposal and have offered no objections to the proposal, making the following comments- ‘the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements, are not affected by the proposals’- the proposal is therefore not considered to impact upon the public road network around the site or on the parking provision required by the sport stadium or adjacent Park Hotel.
56. Overall, the issues raised are considered to be a valid material planning considerations, however none of the issues raised would warrant the refusal of the application.
162 Impact on the Visual and Residential Amenity of the Area 57. As stated previously, the proposed development site is currently an area of tarmacked ground that forms additional car parking to the south of the stadium and an area within the stadium enclosure to the south of the Moffat Stand. The proposal will effectively expand the stadium enclosure to align with the access road to the west and to the boundary with the neighbouring properties to the south. The proposal will include a boundary wall with fencing above that will total 5000mm in height. This will ensure that the development within the site will be largely screened and the development that is visible from outwith the site will be finished with materials that will reflect and respect the adjacent stadium and Kilmarnock Football Club colours. The visual appearance of the proposal is therefore considered to be in keeping with associated sports ground and it is not considered to have a significant detrimental impact upon the visual amenity of the area.
58. In terms of residential amenity, as stated previously, the site will be largely screened by the boundary treatments proposed and the existing boundary wall to the north of the residential properties. This will prevent clear and unobstructed views being obtained for the site into the neighbouring residential properties. Further to this, supporting information in the form of a Noise Impact Assessment and lighting plan have been submitted by the agent for the application. Subsequent consultation carried out with the Council’s Environmental Health Service on these submissions has shown that the proposal will not have a significant and unacceptable impact upon the nearby residential properties subject to the implementation of the recommended acoustic fencing.
59. Overall, should Members’ choose to approve the application, appropriate conditions can be attached to any consent to ensure the implementation of the recommendations of the Noise Impact Assessment. This will ensure that the proposal will not have a significant and unacceptable detrimental impact upon either the visual amenity of the area, or on the residential amenity of the neighbouring properties that surrounding the proposed site.
Scottish Planning Policy 2014 (SPP)
60. SPP was published in June 2014, and last updated in December 2020. It sets out national planning policies which reflect Scottish Ministers’ priorities for the operation of the planning system and for the development and use of land. SPP supports economic growth, regeneration and the creation of well-designed places. The aims of SPP that are relevant to the consideration of the current application include reducing carbon emissions and adapting to climate change, protecting and enhancing natural and cultural assets and digital connectivity.
61. SPP states that Planning’s purpose is to create better places which are sustainable and well-designed and meet peoples’ needs: ‘Placemaking’. Planning should support development that is designed to a high-quality, which demonstrates the six qualities of successful place (distinctive, safe & pleasant, welcoming, adaptable, resource efficient and easy to move around and beyond).
62. SPP also notes the planning system should support patterns of sustainable development which optimise the use of existing transport infrastructure, reduce the need to travel, provide safe and convenient opportunities for walking and cycling and facilitate travel by public transport. SPP also seeks to support the NPF3 objective of facilitating investment in strengthening digital communications capacity and coverage. In summary, the proposal can be considered to accord with SPP.
163 Design and Access Statement
63. The agent for the application has provided a Supporting Statement in which they provide background details to the site and the proposal. They have then provide their assessment of the proposal against the East Ayrshire Local Development Plan 2017.
The content of the supporting statement is noted and has been considered in the preparation of this report.
Noise Impact Assessment
64. A Noise Impact Assessment prepared by Charlie Fleming Associates, Acoustical Consultants and Noise Control Engineers, and dated 7th September 2020 has been submitted by the agent for the application. The report concludes-
65. ‘Kilmarnock Football Club proposes to lay two synthetic turf football pitches beside its stadium at Rugby Park, on Rugby Road, in Kilmarnock. Concerns were raised that sound from the proposed pitches might disturb the residents of the houses in the vicinity. Accordingly, one of East Ayrshire Council’s environmental health officers asked for a noise impact assessment to be prepared to accompany the planning application. East Ayrshire Council’s planning reference is 20/0081/PP. Charlie Fleming Associates was appointed, by Kilmarnock Football Club, to prepare the noise impact assessment.
66. In an exercise of this nature, it is usual to measure the sound from existing sports pitches, and then use the results obtained to predict what levels will emanate from the proposed ones. Section 2.0 of this report describes how the sound from existing sports pitches was measured, and the results are presented and discussed in Section 3.0.
67. In Section 4.0, the sound levels measured at the existing pitches have been used to calculate those likely in the houses at 81 Dundonald Road and 24 Rowanhill Place, as these are some of those which will be most exposed to the sound. The sound has also been calculated in one of the flats at 2 Dundonald Place. The sound inside these dwellings was found to be within the suggested limit.
68. In the garden of 81 Dundonald Road, the sound was found to exceed the suggest limit. To reduce the sound it is suggested that an acoustical barrier be constructed as described in Section 4.10. In the garden of 24 Rowanhill Place the sound was found to be within the suggested limit and so does not need reduced in that respect.’
The content of the Noise Impact Assessment is noted and has been taken into consideration during the preparation of the report.
LEGAL/RISK IMPLICATIONS
69. 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 or approve a development but add extra conditions, 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.
70. 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 164 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.
71. If the Planning Committee is minded to approve planning consent for this development there are no matters which require to be addressed by Section 75 Legal Agreement under the 1997 Act (as amended).
72. There is no requirement to refer the application to Scottish Ministers if Members choose to grant consent, under The Town and Country Planning (Notification Of Applications) (Scotland) Direction 2009.
POLICY/HR/EQUALITY/FINANCIAL IMPLICATIONS
73. None arising directly from this report.
COMMUNITY PLAN/TRANSFORMATION IMPLICATIONS
74. The proposed development is considered to be compliant with the East Ayrshire Community Plan 2015-30 as the proposal as the proposal is will have no significant and unacceptable impacts on the visual and residential amenity of the surrounding area, or o the safety of the public road and parking arrangements.
CONCLUSIONS
75. The Town and Country Planning (Scotland) Act 1997 as amended, requires that applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 as amended require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. For the purpose of this application the development plan comprises the Adopted East Ayrshire Local Development Plan 2017 and the Minerals Local Development Plan (13 January 2020). In this instance, the adopted East Ayrshire Local Development Plan 2017 contains the relevant policies given the subject matter of the application.
76. The proposals seek to create 175sqm of office space, cantilevered over new, modern turnstile arrangements. The club shop will also be relocated to the proposed building with changing facilities also provided. The proposal will also include the installation of two training pitches, 1 measuring 45 metres x 60 metres with 3 metre run-offs surrounding the pitch and 1 measuring 30 metres by 20 metres, a memorial garden and floodlighting. A new 5000mm boundary treatment around the development will be erected and an exit route from the stadium a minimum of 5 metres wide retained at the southern boundary of the site by incorporating approximately 18 metres of hinged fencing in this location.
77. The proposed works will be ancillary to the existing sports ground (Rugby Park), with the size and scale of the works considered to be appropriate for the location. The proposal will relocate football club facilities from temporary buildings to a permanent base adjacent to the sports ground. The proposal will therefore offer permanent facilities associated with the running of the football club. The training pitches and floodlighting will also support the existing use as a sport ground. The development works will be largely enclosed by the proposed 5000mm boundary treatments, and finished with materials that will reflect and respect the existing finishes of the sports stadium and Kilmarnock Football Club colours. In terms of the memorial garden, it will be located at the northern most point of the proposed site and will face towards the existing access road and car parking, with the Park Hotel opposite. It will be small in scale and is considered to provide a feature (including landscaping) to the stadium development. The proposed development has been designed 165 to reflect the colour and appearance of the adjacent, ancillary sports ground and is considered to be in keeping with the general appearance of the immediate area.
78. The proposal will redevelop a tarmacked area of ground to the south of Rugby Park that currently serves as additional car parking and the concourse behind the Moffat Stand. The proposal will effectively enlarge the stadium enclosure to the south of the stadium with the development largely enclosed by the proposed 5000mm boundary wall and fencing.
79. Given the location of the site and its current use, Ayrshire Roads Alliance (Roads Section) have been consulted on the proposal and have had no objection to the proposal as it will not impact upon the existing vehicle access, egress and circulation strategy, as well as the football club and Park Hotel parking arrangements.
80. East Ayrshire Council’s Environmental Health Service have also been consulted on the noise and lighting implications of the proposal, and following a review of the lighting plan and calculations and Noise Impact Assessment, have no objections to the application subject to the acoustic fencing recommended within the Noise Impact Assessment being implemented on site. Given the Environmental Health comments on the proposal and that the development will be largely enclosed, the proposal is not considered to have significant and unacceptable impacts upon the residential amenity of the neighbouring residential properties to the south.
81. Overall, the proposal can be justified against the policies of the East Ayrshire Local Development Plan 2017. As indicated in the report there are material considerations relevant to this application, and it is considered, on balance, that these are largely supportive of the application on the whole. The proposed development is of an acceptable scale and design, and is consistent with the adjacent and associated use as a sports stadium and the operating of Kilmarnock Football Club. The finishes will also be in-keeping with the existing stadium and will not adversely impact upon the visual amenity of the surrounding area. Boundary treatments proposed and mitigation outlined within the Noise Impact Assessment will also ensure there are no significant and unacceptable issues from a residential amenity perspective.
CONTRARY DECISION NOTE
82. Should the Committee agree that the application be refused, contrary to the recommendation of the Interim Head of Planning and Economic Development, the application will not require to be referred to the Council as it is not a significant departure from the East Ayrshire Local Plan.
David McDowall Interim Head of Planning and Economic Development
FV/MM/DMcD Date:- 10/06/21
166 Background Papers: 1. Application Form and Plans 2. Statutory Notice and Certificates 3. Adopted East Ayrshire Local Development Plan (2017) 4. Consultation Responses
Person to Contact: Michael Main Planning Officer
Email: [email protected]
Implementation Officer: David Wilson Interim Operations Manager: Building Standards and Development Management
Email: [email protected]
TP24 – Appendix 1 167 East Ayrshire Council
TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997
Application No: 20/0081/PP
Location Kilmarnock Football Club Ltd Rugby Park Rugby Road Kilmarnock East Ayrshire KA1 2DP
Nature of Proposal: Erection of a new office unit, new turnstile entrance, memorial garden, new shop and changing facilities, formation of 9-a-side and 5-a-side pitch which doubles as the fan zone on match day, the installation of 10 no. 10 metre high floodlights and the erection of a 2 metre high boundary fence.
Name and Address of Applicant: Mr Billy Bowie Kilmarnock Football Club Rugby Road Kilmarnock United Kingdom KA1 2BT
Name and Address of Agent Roddy Dunn Thomson Hunter Architects 21 Portland Road Kilmarnock Scotland KA1 2BT
Officer’s Ref: Michael Main
01563 503483
It is recommended that the above Planning Permission application should be approved subject the following conditions:
1. No external construction work, site clearance or preparation work shall take place before 0800hrs or after 1800hrs Monday to Friday and before 0800hrs or after 1300hrs on Saturday and not at any time on Sunday. Reason: In the interest of residential amenity. 2. Prior to the commencement of any development on site, detail, samples and specifications of all the external materials to be used in the development shall be submitted to and approved in writing by the Planning Authority. For avoidance of doubt external materials for the office building, boundary treatments, floodlighting, training pitches and memorial garden shall be provided. Reason: In the interests of the amenity of the area. 3. Further to condition 2 above, the approved external materials shall the implemented on site prior to the office building and training pitches being brought into use and shall be maintained in perpetuity as approved thereafter. Reason: In the interests of the amenity of the area. 168 4. Prior to the commencement of any development on site, full details of the design and finish of the acoustic fencing noted in Section 4.10 of the Noise Impact Assessment, prepared by Charlie Fleming Associates, Acoustical Consultants and Noise Control Engineers, and dated 7th September 2020, shall be submitted to and approved in writing by the Planning Authority (in consultation with East Ayrshire Environmental Health Service).
Reason: In the interests of the residential amenity of the properties on Dundonald Road to the south of the application site.
5. Further to condition 4 above, the approved acoustic fencing shall be implemented on site, prior to the training pitches being brought into use, and shall be maintained as approved in perpetuity thereafter.
Reason: In the interests of the residential amenity of the properties on Dundonald Road to the south of the application site.
6. Notwithstanding the plans hereby approved, details of the existing and proposed site (ground) levels and finished floor levels for the proposed development shall be submitted to and approved in writing by the Planning Authority, prior to any development commencing on site. Reason: To enable the Planning Authority to have control over the development of the site in the interests of residential and visual amenity. 7. Prior to occupation of the office building, the applicant shall install the necessary infrastructure to enable the building to be connected to the existing fibre optic network, where available in East Ayrshire, and in accordance with the relevant telecommunications provider's standards. Reason: To ensure compliance with Policy INF2 of the East Ayrshire Local Development Plan 2017. 8. Prior to any development commencing on site, a Low Carbon Development Statement shall be submitted to and approved in writing by the Planning Authority. This Statement shall outline the installation and operation of low/zero carbon generating technologies throughout the site. Reason: In order to comply with Policy ENV 14 of the East Ayrshire Local Development Plan 2017.
9. Further to Condition 8, above, the low/zero carbon generating technologies shall be implemented in accordance with the approved details prior to the occupation of the of the office building and these shall be maintained thereafter in perpetuity.
Reason: In order to comply with Policy ENV 14 of the East Ayrshire Local Development Plan 2017.
10. Prior to the commencement of any development on site, full details (including elevations and materials) of the floodlighting columns shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the amenity of the area.
11. Further to condition 10 above, the approved floodlighting columns shall be implemented on site prior to the training pitches being brought into use and shall be maintained as approved in perpetuity thereafter.
169 Reason: In the interests of the amenity of the area.
12. The training pitches hereby approved, shall be used solely for the purposes ancillary to Kilmarnock Football Club, and shall not be rented out on a commercial basis.
Reason: In the interests of residential amenity.
13. Notwithstanding the plans hereby approved, the floodlighting hereby consented shall only be permitted to be used between the hours of 0900hrs and 2100hrs, Monday to Sunday, with the exception of match days.
Reason: In the interests of residential amenity.
14. Prior to the commencement of development, full details of the waste management provisions for the site shall be submitted to and approved in writing by the Planning Authority. For avoidance of doubt this shall include locations of bins throughout the site including within the fan areas/exits.
Reason: In the interests of the amenity of the area.
15. Further to condition 14 above, the approved waste management provision shall be implemented on site prior to the development being brought into use, and shall be maintained as approved in perpetuity thereafter.
Reason: In the interests of the amenity of the area.
16. Notwithstanding the plans hereby approved, full details of the hard and soft landscaping within the memorial garden shall be submitted to and approve in writing by the Planning Authority. For avoidance of doubt, the memorial garden shall be finished with features to ensure that it is fully inclusive.
Reason: In the interest of amenity and inclusivity.
17. Further to condition 16 above, the approved memorial garden landscaping shall be implemented on site prior to the memorial garden being brought into use, and shall be maintained as approved in perpetuity thereafter.
Reason: In the interest of amenity and inclusivity.
Advisory Note
The East Ayrshire Inclusive Design Advisor has advised the following-
1. An extra wide turnstile should be provided for those requiring extra space to enter the sports stadium. 2. Accessible changing facilities should be provided. 3. The applicants are advised that any consents legally required from adjoining neighbours in terms of shared ownership of the boundary wall will be a matter for the applicants to address as a civil issue.
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