West Council

DEVELOPMENT MANAGEMENT COMMITTEE

Report by Development Management Manager ri DESCRIP11ON AND LOCATION

Planning permission in principle for a 2lOha mixed use development comprising residential, commercial, industrial, recreation, retail use, community facilities, landscape, open space, primary and secondary education schools and road and service infrastructure (varied to 2300 residential units) at Calderwood, — 05241P/09

Erection of 196 (varied from 200) houses with associated landscaping, roads, cycleways and footpaths, supporting infrastructure (including SUDS) and cemetery & car parking at Phase I Calderwood, Nethershield Farm, East Calder — 07491FUL110

DETAILS

Reference no. 05241P/09 Owner of site Various (see application file) 07491FUL110 (includes Council)

Applicant Property Ward & local East Livingston & East Calder Partnership members Frank Anderson Willie Dunn Carl John Dave King Case officer Tony Irving Contact details 01506 282410 [email protected] I Reason for referral to committee: To update committee on the terms of the section 75 planning obligation. r3 RECOMMENDATION

That committee notes the progress made in drafting the section 75 planning obligation and delegates authority to the Development Management Manager to conclude the obligation. This will allow applications 0524/P/09 and 0749/FUL/lO to be granted in accordance with committee’s previous decisions to grant these applications.

4 BACKGROUND

4.1 The application for planning permission in principle for that part of the Calderwood CDA promoted by Stirling Developments was reported to committee on 14 December 2011 Committee approved the terms of the report and is minded to grant planning permission in principle subject to conditions and a legal agreement which was to be substantially conciuded within 6 months of the committee meeting date. Addition.aNy, the committee sought to be provided with an interim report at the apprcpriate time and prior to sign off, summa.rsing the terms of the Iegal agreement as it was finahsed, 4.2 The detailed application for phase 1 proposals was reported to committee on 15 February 2012. Committee approved the terms of the report and is minded to grant permission subject to conditions and a legal agreement. This refers to the same legal agreement as relates to the parent application for planning permission in principle.

5 SECTION 75 PLANNING OBLIGATION

5.1 The heads of terms for the section 75 planning obligation were attached to the report for the application for planning permission in principle that was reported to committee on 14 December 201 1.

5.2 Discussions have been ongoing with the applicant and agreement has been reached on the terms of the obligation. The applicant fully understands the infrastructure requirements that are needed to support the development and is agreeable to providing required facilities, improvements and financial contributions.

5.3 The finalised terms of the obligation are set out below:

As reported to cttee on 14112111 Finalised terms Affordable Transfer of serviced land to the The transfer of development block LKd Housing council to accommodate 15% of prior to the occupation of the I th00 unit. the 2300 residential units the This site is immediately east of Phase subject of this application (ie 345 1. ft is 1.21 hectares in size and has an of the 2300). To be provided in indicative 36 unit capacity. This will each phase of the development or provide the land requirement for social as otherwise approved by the rent housing in respect of phase 1. council. A further 10% on site provision by Further land transfer for social rent the developer of other forms of housing and direct 10% on-site affordable housing. To be provision of other forms of affordable provided in each phase of the housing to be provided on a phased development or as otherwise basis. approved by the council. Education: Contributions in accordance with Agreed that payments willbe made in Denominational approved Supplementary accordance with the requirements of Secondary Planning Guidance: £1983 (index the Supplementary Planning Guidance. linked) per residential unit.

I Payable in phases. A schedule of phased payments has been agreed. First paymentth50 will be prior to occupationm100 of the 1 unit and then everyth50 unit thereafter up to the 11 unit. At this point the balance of the contribution is due. Education: New Joint funding (with West Land for the school will be transferred Non- Livingston/Mossend CDA to the council when required. Denominational developers) of a new school to be Secondary constructed at Calderwood. A schedule of phased payments has been agreed. First payment willbe prior to occupation of the 15O’ unit and then prior to occupation of the th200 unit and thereafter every iOO unit up to the th500 Hflt At this point the balance of the contribution is due.______Requirement As reported to cttee on 14112111 Finailsed terms Education: Contributions to extend St Pauls Funding of design fees prior to the Denominational RC Primary to a full double earlier of 31 July 2013 or occupation of Primary stream school. the th150 unit.

Funding of works to extend the school to a full single stream facility prior to occupation of the th224 unit.

Funding of works to extend the school to a full two stream facility prior to çpation of the unit. Education: Contributions to extend East Due to the options for either extending Non- Calder Primary to a full double the school or proceeding to build new Denominational stream school. non-denominational primary schools, Primary the education review clause and the education procurement clause in the obligation, together with the planning conditions, willcontrol the delivery of non-denominational primary school provision. Education: New Equivalent of 3 single streams to Due to the options for either extending Non- be delivered, the school or proceeding to build new Denominational non-denominational primary schools, Primary the education review clause and the education procurement clause in the obligation, together with the planning conditions, willcontrol the delivery of non-denominational primary school provision. Education: Contributions in accordance with Agreed that payments willbe made in School approved Supplementary accordance with the requirements of Commissioning Planning Guidance. the Supplementary Planning Guidance. Costs Education: Payment for new primary school Agreed that the developer willfund School and non-denominational each school consultation which is Consultation secondary school consultations. necessary to support the development. Education: Payment for transporting children The developer has agreed to pay the School from the development to West cost incurred on an annual basis up to Transport Calder High School. Payments to a maximum liabilitycap. be made on an on-going basis until such time as a new non- denominational secondary school is provided within the Calderwood CDA allocation, Education: An on-going review procedure at A schedule of reviews has been Review of agreed dates to ensure agreed. The first willbe prior to the00 Education development does not proceed earlier of the occupation of the 1th

without an agreed strategy to I unit or I November 2013. The second Provision deliver education provision will be prior to the earlier50 of the necessary to support the occupation of the I th unit or 1 deve’opment. November 2014. Thereafter there wiN be a review prior to the earlier of the of eve 250th unit or each Requirement As reported to cttee on 14112111 Finalised terms 1 anniversary of 1st November 2014. Town Centre Contributions in accordance with Agreed that payments will be made in Improvements approved Supplementary accordance with the requirements of Planning Guidance: £250 per unit the Supplementary Planning Guidance. (index linked). Payable in phases. A schedule of phased payments has Developer has the option, subject been agreed. Payments will be prior to to the council’s agreement. to occupation of the 3OO’, th550 th,750 carry out on site improvement th950 and thereafter every 22511unit. works of an equal value. Public Art Contributions in accordance with Agreed that payments willbe made in approved Supplementary accordance with the requirements of Planning Guidance: £250 per unit the Supplementary Planning Guidance. (index linked). Payable in phases. A schedule of phased payments has Developer has the option, subject been agreed. Payments will be prior to to the council’s agreement, to occupation of the th,300 th,550 th,750 carry out on site public art works th950 and thereafter every th225 unit, nequai value. Cemetery Contributions in accordance with Agreed that payments willbe made in Provision approved Supplementary accordance with the requirements of Planning Guidance: £35 per unit the Supplementary Planning Guidance. (index linked). Payable in phases. A schedule of phased payments has been agreed. Payments will be prior to occupation of the 3OO”,th550 th,750 th950 and thereafter every th225 unit. Improvements £250 per unit (index linked). A schedule of phased payments has at Almondell Payable in phases. been agreed. PaymentsOO, will be750prior to and occupation of the 3 550, th Calderwood g5O and thereafter every 225 unit. Country Park Land for a New Transfer of land for a cemetery. Studies have confirmed that the land to Cemetery To be at nil cost. be transferred is suitable for use as a cemetery. Land to be transferred within 6 months of the development commencing. Open Space All communal open space to be Details to be provided before the start Management clearly identified and be of work in any phase of the owned/managed by an identified development. organisation and subject to an agreed maintenance schedule, Extension to Delivered as land transferred to The applicant does not have control East Calder the council when required, as over land adjacent to the park and so defined by the council, for the cannot provide land for an extension to development of the park the park. extension. Financial contribution toward the works required to A contribution of £500 per unit toward implement the park extension and improved park facilities. A schedule of formation of extended/improved phased payments has been agreed. park facilities. Timing of land Payments wiflbe prior to occupation of transfer and amount of the 5ot, 25O. th500 and th750 unit. Requirement pqjed to cttee on 2111 Finalised terms Park and Ride A park and ride facility to be Park and ride will be provided on a Facility at provided in phases and made phased basis: Kirknewton available for adoption by the Railway Station council. Improvements at railway First phase of 50 spaces prior to and Associated station to include cycle parking. occupation of the 300tJ unit. Improvements Second phase of 50 spaces prior to First phase of 50 spaces prior to occupation of the th500 construction of 500tn residential Third phase of 50 spaces prior to unit. occupation of the 1000t unit. Second phase to increase Forth phase of 50 spaces prior to capacity to 100 spaces prior to occupation of the 15O0 unit. construction of 5O0’ residential Final phase of 100 spaces prior to unit. occupation of the 20OO unit. Third phase to increase capacity to 150 spaces prior to There is a review mechanism that will construction of th1000 residential only require the final phase if it is unit. demonstrated that occupancy is such Forth phase to increase capacity that it is required. to 200 spaces prior500 to construction of 1th residential unit. Final phase to increase capacity to 300 spaces prior to constructi on of th2000 residential unit. This only required if an occupancy survey concludes that a final 100 space extension is necessary. Public Car Park Car parks to be provided as A contribution of £50 per unit with the for East Calder required and made available for full amount to be paid prior to and New Local adoption by the council. Ifthe site occupation of the 7SO unit. Neighbourhood for the car park at East Calder is Centre not on land controlled by the developer but on land owned by the council at Mansefield Park, then a financial contribution will be required equal to the value of the land for a Public Contribution towardcar subsidising A contribution of £500 per unit. A Transport public transport into the schedule of phased payments has been development. Amount to be agreed. Payments will be prior to agreed. occupation of the th,250 th,500 th,1000 Payable in phases. th1500 and th2000 units.

There is a review mechanism prior to occupation of the l000t, th1500 and 2OOO that will enable the level of contributions to be assessed.

A71 Corridor Contributions in accordanc-e with A contribution to be ad n two bs op oved Scpeerta sa res crc ‘o cccLca ore Pr 5Drr”j Cjoa cc deperca 45C arc O55 r6 6.3 6.2 6.1 5.5 5.4 the Centre and Construction Employment Provision Library Centre Partnership Land Measures qren Partnership Local LCoflamiC s granted The demonstrates development. committee The Members been provide flexibility exceeded. Negotiations the circumstances The provide for or CONCLUSIONS a phasing ca conclusion within heads section finalised, an the and will whilst benefits cc”r improved remain of of Amount Construction approved agreement than Employment Planning approved The infrastructure Requirement to contribution partnership the Mansefield As council. development defined land controlled on Delivered with 75 note that n education The as the terms of impact Du 4 turn reported council obligation retaining size O.7ha owned the the they the AND that value applicant c” pedestrian by largely per If allow of necessary Guidance applicant of section Supplementary by the as by the on arise the unless RECOMMENDATION in o when Park, site centre. will unit by of infrastructure the Agreements. the Training land to to the terms the of site needed control education will the council, development the should enter the be cttee to in understands council. the section developer then road required, 75 transferred is otherwise land council the be include required access on on of centre infrastructure not planning into and on agreed. same. the a network), the to future be for to for on financial d review 14112111 75 an ensure no Local the support requirements “g at a to by terms as land an but equal of less St planning to and the as obligation The additional on Paul’s the clause the of wifl is education the This Calder. larger in This the equal owned the partnership denominational The required, If next Finalised committed updated ODA development be the a RC obligation Lc phased in occupation and section new will provided applicant is is the provision partnership the to than to Primary. provided no by a” allow contributions the proposed partnership it commence. infrastructure section the longer terms information that will to a”d centre delivery 75 value on working as council, has planning progresses. be of for presently planning secondary for. a required centre previously the 75 transferred sc of made will new phased payment centre the of obligation 350 th in a with ‘ac be This non- permission provided this contribution accordance is capacity land available obligation in provided. as on basis. school. This the unit. c will East will any reported large of for prior land s council be will cr*4ca# funds provides make a library a is above no to If to scale allow have site with not be to to to a 6.4 It is thus recommended that the committee delegates authority to the Development Management Manager to conclude the section 75 planning obligation in accordance with the terms set out on this report. This will allow applications 0524/P109 and 0749/FULJ1O to be granted in accordance with the previous committee decisions to grant these applications subject to conditions and the satisfactory conclusion of a section 75 planning obligation.

7 ATTACHMENTS

• Location plan for 05241P109 • Location plan for 0749/FUL/lO (c/ CHRIS NORMAN Development Management Manager Date; 11 April 2012 hl

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