Report No 662/08

ANGUS COUNCIL

DEVELOPMENT STANDARDS COMMITTEE - 1 JULY 2008

PLANNING APPLICATION – LAND EAST OF CARLOGIE ROAD, Grid Ref. No: 356332 : 736031

REPORT BY THE DIRECTOR OF INFRASTRUCTURE SERVICES

Abstract: This report deals with planning application No 07/01682/OUT for the Formation of an Employment Area Comprising Class (4) Business, Class 5 (General Industry) and Class 6 (Storage and Distribution) Uses and Realignment of Carlogie Road for D J Laing (Homes) Ltd at Land East of Carlogie Road, Carnoustie. This application is recommended for approval subject to conditions and a Section 75 Legal Agreement.

1 INTRODUCTION

1.1 The applicant seeks outline planning permission for the formation of an employment area comprising Class (4) Business, Class 5 (General Industry) and Class 6 (Storage and Distribution) Uses as defined in the Town and Country Planning (Use Classes) () Order 1997) and Realignment of Carlogie Road at Land East of Carlogie Road, Carnoustie.

1.2 The site measures in excess of 15 hectares or thereby (150 000m²) excluding the area of the proposed road realignment and taking account of proposed road and landscaping works around the allocated industrial area. The site currently consists of a raised beach plateau to the north of an agricultural field of a dip slope nature which is graded slightly from north to south towards Carnoustie. The north boundary is defined by the intersection of Carlogie Road and Road which is lined by a mature stand of trees within which a mobile telecommunications mast in the style of a tree trunk is located. The southern boundary is defined by the line of contour change running north to south towards Carnoustie.

1.3 The site is bound to the west of Carlogie Road including the local ‘double bends’ landmark and to the east by Panbride Road. A small housing area focussed around Carlogie House(formerly Carlogie Hotel) and the track leading to Carlogie Farm also lies to the east. This area comprises a variety of individual dwellings ranging from modest bungalows on comfortable sites to a large country house standing in the remnant of its policies and lies beyond Carlogie Road. Two further dwellings lie immediately adjacent to the site on the east side of Carlogie Road comprising San Melito which is a large country house within a walled curtilage and its converted former coach house. These dwellings lie immediately to the south west of the site.

1.4 The application seeks to confirm the allocation of the site as employment land following the 2006 Public Local Inquiry into unresolved objections to the Finalised Angus Local Plan Review 2005. The application is in outline form although indicative layouts and Computer Generated Images (CGI) have been submitted. The indicative layout includes the realignment of the A930 Carlogie Road which would effectively 2 Report No 662/08

negate the need for vehicles to negotiate the ‘double bends’. This improvement was previously approved as part of approval ref: 99/00535/NOI.

1.5 The application has been advertised as a potential departure from the Development Plan.

2 RELEVANT PLANNING HISTORY

2.1 Application ref: 99/00535/NOI was submitted 25 May 1999. The application made provision for the upgrade of the existing A92 Dundee/ Rd to dual 2-lane road, the construction of the A930 Barry Bypass & Link Road, and the realignment of the A930 Carlogie Road. The application was approved on 20 July 1999.

3 APPLICANT’S CASE

3.1 The applicant’s agent has submitted a supporting statement a full copy of which is available for reference in the Members’ Library. The statement outlines the sequence of events leading to the allocation of the site as a Council approved modification to the Finalised Angus Local Plan Review. The supporting statement highlights the merits of the site as follows:

• Size: The proposed site adequately addresses the Structure Plan requirement for marketable land whilst also providing for the needs of relocating companies which currently operate within Carnoustie. Additionally, there is further scope for future enlargement to either the north or east should that be necessary. It should be noted that at this time, the possible enlargement areas do not form part of this application.

• Site Configuration: The landform, existing mature trees and the proposed realignment of the link road from the A92 through a new cutting are to be used in combination to provide a division between the proposed Business Park (to the west of the link road) and the proposed industrial park to be established in a landscape setting to the east of the new road.

• Strategic Location and Road Access: The Carlogie junction is grade separated and provides for good road access both to and from the site via the A92. This is regarded by the Council as the primary approach route for golfers and other visitors arriving into Carnoustie. In terms of improvement to this route, the site offers the added advantage of delivering one of the outstanding items of the A92 package. This route is one that the Council continue to identify as a priority project but has no funds to implement in the near future.

• Access to Public Transport, Footways and Cycle Routes: The subject land has good footway and cycle access and is situated on the existing regular bus service to and from Dundee and Arbroath and beyond.

• Visibility in the landscape (from the A92 and other vantage points): The subject land, whilst north of the ridge line which defines the raised beach head, it has the benefit of a belt of existing mature trees, many of which are proposed for retention and supplemented to provide effective screening when viewed from the south and from the north. The existing views from the A92 are very limited and 3 Report No 662/08

fleeting due to the intervening undulating landforms, the cutting of the main road and the existing trees. The proposal is to use this existing landform together with levelling/sculpting and bunding of the site and further landscaping in order to ensure that standard height industrial units would not be prominent, even when viewed from below the ridgeline immediately to the south.

• Important points to note from the illustrated layouts and the sections are that there will not be any significant views of the site from the Panbride Village Conservation Area or from Panbride Road and its immediate housing. Furthermore, the proposed new alignment and cutting of the link road from the A92 to Carnoustie, whilst welcome in itself, will also provide a useful opportunity to act as a divide between the proposed new business park alongside the former Carlogie House Hotel to the west of the realigned road and the proposed industrial park to the east of it. With proposals for further screen planting and berms to the north and south of the site to supplement existing trees and the natural landform which contain the site, it is considered that these are robust landscape proposals. Clearly, the opportunity exists to offer the prospect of a new gateway to the town at the proposed entrance to the development and such potentials should not be missed.

• Landscape Features and Scope for Mitigation/Screening: The illustrative drawings demonstrate how the existing landforms and mature trees which already exist can be utilised and supplemented by other measures, including site levelling, berms and further planting and the new link road, as outlined above, to provide satisfactory screening for a business park and an industrial park which does not detract from its gateway location at the entrance to Carnoustie.

• Servicing: There are no servicing constraints and the site can be developed through available connections to the trunk sewer and other service providers.

There are also several letters from potential occupiers of the site to the applicant offering support for the application attached to the statement.

4 CONSULTATIONS

4.1 The Archaeological Service of Aberdeenshire Council do not offer any objection to the proposal subject to a suspensive condition preventing work on site commencing until a programme of archaeological works has been undertaken.

4.2 The Head of Roads does not object to the proposal on the basis of flood risk but it is recommended that the developer agrees a formal drainage strategy with SEPA, Scottish Water and the Council prior to the submission of a detailed scheme for the site.

4.3 The Head of Roads has not objected to the proposal subject to several conditions relating to the submission of a Transport Assessment and the completion of proposed and conditional road alterations prior to the commencement of development. The Head of Roads has also indicated that the development of the site for the proposed purpose will necessitate the improvement of the standard of a section of the A930 road to the north of the proposed roundabout that lies outwith the indicated site. This will necessitate the signing of a Section 75 Legal Agreement between relevant parties. 4 Report No 662/08

4.4 The Head of Environmental and Consumer Protection does not object to the proposal however several conditions have been suggested in order to safeguard the residential amenities of nearby sensitive properties.

4.5 Scottish Water has not objected to the proposal.

4.6 SEPA offers no objection to the proposal.

5 LETTERS OF REPRESENTATION

5.1 Three letters of representation against the development have been received from two parties. The following points are made:

• That the application is premature ahead of the adoption of the Finalised Angus Local Plan 2005: Unresolved objections to the Finalised Local Pan Review were considered during a Public Local Inquiry in 2006 where recommendations by Inquiry Reporters led to some modifications being agreed by the Council and duly published. A six week period for objection to these modifications was given between February 2007 and 27 March 2007. Amongst the modifications published was the modification to delete the proposed employment land allocation at Pitskelly Farm in favour of the application site. No objections were received to this modification and the C6 allocation of 15 hectares of working land at Carlogie now represents the most up to date statement of policy in relation to employment land allocation for the Carnoustie/ area. Although not adopted, policies of the Finalised Angus Local Plan Review which are without unresolved objection are material considerations to be taken into account in the determination of planning applications in the Angus area.

• That the proposal has the potential to adversely affect nearby residential amenity: Issues relating to neighbouring residential amenity are addressed in Sections 6 & 8 of this report.

• That the proposal would be contrary to Policy SC13 which makes provision for 5 hectares of industrial land at : The allocation referred to was deleted as part of the Local Plan making process.

• That the proposal would be contrary to Policy SC14 in the Finalised Angus Local Plan Review 2005 as the site is not adequately serviced: Policy SC14 refers to Industrial and Business sites that are outwith allocated sites within development boundaries. As stated above the site is allocated for business and industrial uses in the Finalised Angus Local Plan Review following the Councils acceptance of Inquiry Reporters recommendations in 2006/2007 and SC14 is therefore not applicable in this case.

• That the proposal would be detrimental to the amenity of the countryside: As stated above, the site is allocated as Industrial and business land which was included within the Development Boundary of Carnoustie in the Finalised Angus Local Plan Review following the Councils acceptance of Inquiry Reporters recommendations in 2006/2007.

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• That the proposed development would not take place within the Development Boundary of Carnoustie: As above.

• That the proposal would be contrary to Policy ER5 in the Finalised Angus Local Plan Review 2005 as it would be to the detriment of the character of the countryside around Carnoustie: As above.

• That the proposal would be to the contrary to Policy ER10 in the Finalised Angus Local Plan Review 2005 as it would lead to light pollution: Policy ER10 does not preclude new development on the basis of light pollution but seeks to ensure that new developments that require external lighting are appropriately lit in order to minimise light spillage. As previously stated the site is allocated as working land in the Finalised Angus Local Plan Review and detailed aspects such as how the development would be lit in accordance with ER10 requirements would be considered as part of any subsequent detailed application should Members be minded to grant planning permission.

6 PLANNING CONSIDERATIONS

6.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that determination of this application for planning permission is made in accordance with the Development Plan unless material considerations indicate otherwise.

6.2 In this case the Development Plan comprises:

• Dundee and Angus Structure Plan (Approved 2002) • Angus Local Plan (Adopted 2000)

The Development Plan is current and up-to-date and in this respect merits considerable weight in the determination of the proposal.

6.3 Although the Development Plan is current and up-to-date, Angus Council has been undertaking a review and roll forward of the ALP and the Finalised Angus Local Plan Review (2005) (FALPR) was approved by Angus Council at their meeting on 15 December 2004. The FALPR establishes policies and proposals for the period to 2011, taking into account the guidance from the DASP. Although not yet part of the statutory Development Plan the FALPR (including Committee approved modifications) has reached the stage where it is a material consideration to be taken into account in the determination of this planning application. In this report policies of the FALPR have been referred to when the said policy is materially different to the ALP to the extent that, as a consequence the recommendation contained within this report has been substantially influenced.

6.4 There are two policies contained within the Dundee and Angus Structure Plan that are considered to be relevant to this Proposal. These are:

• Employment Policy 1: Employment Land Supply • Transport Policy 4: Development Location

Employment Policy 1 makes provision for the maintenance of an effective five year supply of employment land which aims to establish a hierarchical approach focussing 6 Report No 662/08

on established population centres and transport networks. The policy aims to be relevant to local demands for employment land while providing choice and accessibility. Employment Policy 1 makes provision for up to 5 hectares (50 000 square metres) of employment land at Carnoustie.

Transport Policy 4 seeks to ensure that land allocated for new development will be placed in the most accessible locations having regard for the objectives of the Local Transport Strategy.

The Development Plan comprises the Dundee and Angus Structure Plan and the Angus Local Plan 2000 (ALP). The ALP policies that are relevant to this application are:

• Policy ENV4: Development Boundaries • Policy EMP6: Industrial and Business Use • Policy H21: Residential Character and Amenity

Policy ENV4 aims to protect the landscape setting of towns and villages in Angus and states:

Angus Council has defined development boundaries around settlements to protect the landscape setting of towns and villages and prevent uncontrolled sporadic growth. Development outwith but adjacent to these established boundaries would only be acceptable, except where other policies of this Local Plan apply more specific controls, where:-

(a) there is a proven public interest for the development and social, economic or environmental considerations confirm an identifiable and overriding need which cannot be met by sites within the development boundary or by reasonable alternative means; and

(b) the proposal is of a scale and standard of design appropriate to its location, capable of being absorbed into the landscape setting and enhancing the urban form.

Policy EMP6 aims to enable business and industry to be established on sites within settlements which are not included in land allocations where they can be accommodated without detriment to amenity. This policy states:

Proposals for industrial and business use, requiring the development of land, will normally be directed to allocated employment land. Outwith allocated areas such development may be permitted within settlements where the proposal:-

(a) can be accommodated within existing or proposed infrastructure and services capacity; (b) does not have an unacceptable impact on amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, dust, ash or grit; and (c) accords with other relevant policies in this plan.

Policy H21 seeks to ensure that existing residential amenity is not unduly affected by new development. This policy states:

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Development proposals which have a significant adverse affect on the character and amenity value of existing housing will be resisted. Applications will only be acceptable where they are compatible with established housing use.

As well as ALP the Finalised Angus Local Plan Review 2005 (as proposed to be modified) is a material consideration in this case. Of particular relevance to this application are:

• Policy SC13: Employment Land Supply • Policy C6: Working-Land at Carlogie • Policy SC40:Upgrade of A92/A930

Of general relevance are:

• Policy S2: Accessible Development • Policy S3: Design Quality • Policy S6: Development Guidelines • Policy ER5: Conservation of Landscape Character • Policy ER7: Trees on Development Sites • Policy ER10: Light Pollution • Policy ER32: Energy Efficiency

Policy SC13 aims to ensure that the allocation of employment land in the forthcoming Local Plan Review period is based on the accessibility of sites, the availability of infrastructure, environmental quality and capacity and transport links. An employment land supply in excess of the Structure Plan allocation and the 5 year supply has been allocated as a long term development opportunity and applications on this land will be assessed against the provisions of Policy SC13 which states:

Angus Council will maintain a supply of employment land to which proposals for business and industry will be directed as follows: • Arbroath, Elliot and Kirkton, (minimum 10 ha); • , Orchardbank (minimum 10 ha); • Montrose, Forties Road and Broomfield (minimum 10 ha); • , Business Park (minimum 5 ha); • Carnoustie (up to 5 ha); • (up to 5 ha).

At these locations, and other established employment areas, planning permission will not normally be granted for uses other than Class 4* (business), Class 5* (general industry), and Class 6* (storage and distribution), but may be considered where they are small scale, complementary and ancillary to the existing or proposed use. Development proposals will require to demonstrate there is no detriment to the surrounding amenity. * As defined in the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Policy C6 refers specifically to the site under consideration and states:

Approximately 15 ha of land at Carlogie is allocated for Class 4* (business), Class 5* (general industry), and Class 6* (storage and distribution) uses. 8 Report No 662/08

Proposals should be in accordance with the development brief which will be prepared for this site and will include details of the following requirements:-

• road access and construction of a realigned Carlogie Road to the standards set by the Director of Infrastructure Services; • provision of access by pedestrian, cycle and public transport; • foul and surface water drainage; • site layout and design to accommodate a range of business uses; • investigate the need for archaeological evaluation and undertake/ implement as necessary; and • structure planting and landscaping within and around the site. This should take place at an early stage and will require to be to a high standard, particularly given the gateway location of this site.

*As defined in the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Policy SC40 seeks to safeguard the land required to enable the implementation of the approved alignments for providing improved linkages to Carnoustie and Monifieth from the recently upgraded A92. This Policy states:

Angus Council will safeguard land required to enable the implementation of the dualling of the A92 between Arbroath and Dundee and improved linkages to Carnoustie and Monifieth.

6.5 The main issue to be discussed in relation to this application is therefore the acceptability of the proposal to establish a 15ha mixed industrial area on a Greenfield site which is located outwith the Development Boundary by the Angus Local Plan but which is allocated as employment land by the Finalised Angus Local Plan Review.

6.6 The Dundee and Angus Structure Plan states that one of the major key strategic challenges is to responding to changing employment patterns and opportunities where despite generally rising living standards, Dundee and Angus does not rank among the more prosperous parts of Scotland and the UK.

6.7 The development strategy for this period sets a number of guiding principles which are formulated to attempt to enable the fulfilment of the strategic vision for the overall area. In relation to employment land the aim is to maintain the Structure Plan Area as a dynamic and prosperous part of the East of Scotland which is a viable economic and social entity.

6.8 The most prominent of these guiding principles is the aim to create the conditions for a vibrant and diverse economy providing varied and increased job opportunities.

6.9 Employment Policy 1 in the DASP refers to Employment Land Supply and aims to set the strategic context for maintaining a marketable and effective supply of employment land for the duration of the Local Plan Period and beyond in accordance with the requirements of Scottish Planning Policy SPP2: Economic Development which aims to provide an integrated approach to Scottish economic development over a 5-10 year horizon. 9 Report No 662/08

6.10 In accordance with this requirement Employment Policy 1 in DASP provides for Local Plans to maintain an employment land allocation in all of the main Angus settlements and the allocation of land follows a hierarchal approach with provision made for up to 5 ha of employment land at Carnoustie.

6.11 In order to be marketable employment sites must be:

• Secure in terms of planning permission, allocated in the Local Plan or agreed in principle but not yet allocated in a Local Plan. • Fully serviced or capable of being serviced within 5 years and have no significant obstacle to development. • Accessible via an existing access or capable of being accessed in a way which is convenient to the strategic road or rail network and; • Be capable of accommodating a broad range of development without adverse impact.

6.12 The Local Plan which forms the Development Plan along with DASP is the Angus Local Plan 2000 (ALP). Within this Local Plan the site is identified as countryside outwith the Carnoustie Development Boundary. As this is the case the lead policy consideration for the site is Policy ENV4 which aims to prevent sporadic uncontrolled growth outwith but adjacent to established Development Boundaries by restricting development in such locations.

6.13 Development on such sites is only considered to be acceptable where there is a proven public interest to be served by the development and social, economic or environmental considerations confirm an identifiable and overriding need which cannot be met on sites within Development Boundaries or by reasonable alternative means and where the proposal is of a scale and standard of design that is appropriate to its location and is capable of being absorbed in its landscape setting and enhancing urban form.

6.14 Policy ENV4 also precludes development adjacent to Development Boundaries where other Local Plan Policies apply more specific controls. In relation to applications involving the formation of industrial and business uses the main policy consideration in ALP is Policy EMP6.

6.15 Policy EMP6 aims to direct new business and industrial uses to allocated employment land. Outwith allocated sites, business and industrial development may be permitted within settlements where proposals meet with a number of set criteria. The implication of this is therefore that the site lies outwith the settlement boundary of Carnoustie as defined in ALP and under normal circumstances it would be unlikely to be considered to be acceptable under the provisions of Policy EMP6 which applies a specific control. The proposal would therefore normally be considered to offend the provisions of policy ENV4 in this respect.

6.16 It should however be borne in mind that as stated in paragraph 6.1 of this report, Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications should be determined in accordance with the Development Plan unless otherwise indicated by other material considerations. 10 Report No 662/08

6.17 With this in mind Members’ attention is drawn to paragraph 6.3 of this report which refers to the current status of the Finalised Angus Local Plan Review 2005 (FALPR) and its materiality in relation to the determining of planning applications.

6.18 FALPR has now entered into the final stages of its passage towards adoption as the most up- to -date statement of Council policy in relation to planning matters in the Angus Area which complies with the requirements of DASP and as such the policies it contains carry sufficient weight as a material consideration.

6.19 Policy SC13 in FALPR refers to Employment Land Supply and states that Angus Council will maintain a supply of employment land to which proposals for business and industry will be directed. The supply for Carnoustie is indicated as up to 5 ha for the current Local Plan period and it is stated that at allocated business locations, planning permission will not normally be granted for uses other than Class 4 (business), Class 5 (general industry), and Class 6 (storage and distribution) use as defined in the Town and Country Planning (Use Classes) (Scotland) Order 1997.

6.20 Within the context of FALPR the site is allocated under the provisions of Policy C6 as working land suitable for Class 4 (business), Class 5 (general industry), and Class 6 (storage and distribution) use as defined in the Town and Country Planning (Use Classes) (Scotland) Order 1997. This land allocation also takes account of the need to meet relocation requirements of existing businesses on the Panmure Industrial Estate amounting to 8 hectares of land over and above the required 5 hectares. At the 2006 Inquiry into unresolved objections to the Finalised Angus Local Plan Review the reporter allocated 15 hectares in order to meet relocation and DASP requirements and to provided a long term development opportunity to meet the needs of modern business and industry. This approach is consistent with Transport Policy 4 in DASP in that heavy traffic associated with the existing centrally located industrial area at Panmure Industrial Estate would be redirected to the site which is located within 0.5km from a grade separated junction with the to the north. It is also noted that there are no unresolved third party objections to the C6 land allocation as part of the ongoing review of the Local Plan which is now in its final stages.

6.21 The C6 land allocation in FALPR requires that development within the site should take place in accordance with a development brief that will address requirements such as access from the A930 Carlogie Road which would be appropriately upgraded and realigned along with provision for pedestrian and cycle access, foul and surface water drainage, a layout and design to accommodate a range of business uses, a need for archaeological evaluation and structural planting and landscaping to a high standard given the gateway location of the site. The application has been submitted in outline form and indicative layouts and concepts have been submitted but the application essentially seeks merely to confirm the status of the site as working land with details relating to the above following as part of a Reserved Matters application. It is noted that all of the technical issues mentioned above have been subject to consultations with appropriate third party services and no objections have been raised at this stage with all parties content to consider the technical aspects further at the detailed stage subject to conditions.

6.22 It is also noted that the realignment of Carlogie Road already benefits from Planning Permission as it was approved as part of application ref: 99/00535/NOI which identified the route as a primary approach to Carnoustie from the A92 although these 11 Report No 662/08

works have never been undertaken due to budgetary constraints. The application therefore adds value in that the required realignment which has been identified by the Council would be funded as part of the development package and it is noted that the upgrade of an additional section of the A930 to the north of the site towards the already upgraded section linking to the A92 would also be required to service the site as the current road layout is inadequate. This aspect of the development would be addressed through a binding legal agreement between affected parties.

6.23 FALPR Appendix 1 refers to developments which require a Transport Assessment (TA) to be undertaken as part of the planning application process. Among the types of development listed are development proposals comprising 5000 sq. m Gross Floor Area or more of industrial development. No TA has been submitted as part of this application however the Head of Roads has indicated that he is content to consider this aspect in more detail at the Reserved Matters stage as the roads network serving the site currently has adequate capacity to serve an area in excess of that proposed while the proposal has the potential long term added benefit of directing industrial traffic away from the centre of Carnoustie. On this basis a TA would be required by condition as part of a later Reserved Matters application.

6.24 Turning to the issues raised in the submitted letters of objection against the proposal, most of these issues have been addressed in Section 5 of this report however the issue of residential amenity remains to be addressed. Policy H21 in the Angus Local Plan seeks to protect existing residential amenity from development that would lead to an undue loss in this respect. It is however noted that although indicative the submitted layouts show reasonable structural landscaping. It is also noted that the Class 4 uses would be included in the scheme, these being uses that can be carried out in any residential area without detriment to that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit and it is envisaged that the area of the site which has an interface with nearby sensitive properties would be given over entirely to Class 4 uses. Finally it is noted that the Head of Environmental and Consumer Protection has considered this aspect of the proposal and has offered a raft of suggested conditions that would be included as part of any permission (see Section 8) that are designed specifically to safeguard nearby residential amenity. The proposal is therefore considered to be capable of H21 compliance and does nor raise undue concern in relation to its potential impact on nearby residential amenity.

6.25 In conclusion, it is acknowledged that the proposal would fail to comply with Policies ENV4 and EMP6 in ALP and in this respect the application does constitute a Development Plan Departure. This application is however recommended for approval contrary to the Development Plan for the following reason:

6.26 The site is allocated for industrial, business and related employment uses in FALPR. This land allocation is without unresolved third party objection and given the stage that the emerging Local Plan Review has reached, it bears significant weight in the consideration of this application as the most up-to date statement of Angus Council planning policy in relation to mixed business and industrial development in the Carnoustie and Monifieth area. It should also be noted that the allocation of the site for mixed business and industrial uses in FALPR is fully compliant with the aspirations of DASP which is the statutory strategic land use statement for the Dundee and Angus area. Although the objections received in relation to the proposed development are also acknowledged, no issues are raised that would justify a recommendation of refusal or that could not be overcome through the use of 12 Report No 662/08

appropriate planning conditions. It is therefore considered to be appropriate to depart from the Development Plan in this case and it is recommended that the application for outline planning permission be granted subject to the conditions given below and the conclusion of a Section 75 Legal Agreement.

6.27 Although the proposed development is potentially a Schedule 2 project in terms of the Environmental Impact Assessment (Scotland) Regulations 1999 because it is likely to result in industrial land uses exceeding 0.5 hectares in area, Angus Council has determined that this is not an EIA development for the following reasons:

• That the development does not give rise to any unusually complex or potentially hazardous environmental effects.

• That the likely impacts are localised and would not affect any particularly environmentally sensitive or vulnerable locations.

• That the potential impacts are limited, with negligible impacts between them.

7 HUMAN RIGHTS IMPLICATIONS

7.1 The recommendation in this report for grant of planning permission, subject to conditions, has potential implications for neighbours in terms of alleged interference with privacy, home or family life (Article 8) and peaceful enjoyment of their possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this report justifying this recommendation in planning terms, it is considered that any actual or apprehended infringement of such Convention Rights, is justified. The conditions constitute a justified and proportional control of the use of the property in accordance with the general interest and have regard to the necessary balance of the applicant’s freedom to enjoy his property against the public interest and the freedom of others to enjoy neighbouring property/home life/privacy without undue interference.

8 RECOMMENDATION

8.1 It is recommended that the application be approved subject to conclusion and recording of a Section 75 Agreement amongst all relevant parties containing the following general terms along with such other or additional terms as may be considered necessary or expedient by the Head of Law & Administration in consultation with the Director of Infrastructure Services and the following conditions:-

1 That prior to the commencement of development on the site the carriageway of the A930 Carnoustie- Road shall be widened to 7.3 metres extending from the from the proposed roundabout in a northerly direction to a point to be agreed with the Planning Authority and that a 2.5 metre cycle track shall be provided to the east side of the carriageway widening to be agreed.

Conditions:

1. That notwithstanding the details shown on the submitted drawings the permission hereby approved only provides for the in-principle development of 15 hectares of Class 4, Class 5 and Class 6 uses as indicated in approved modifications to Policy C6 in the Finalised Angus Local Plan Review 2005 dated February 2007. 13 Report No 662/08

This permission makes no provision for the use of any specific area of land for any specific use and none of the submitted layouts are therefore approved as part of this permission. Reason: For clarification purposes and for the avoidance of any possible misunderstanding.

2. That prior to the submission of any subsequent application for the approval of reserved matters, a Development Brief for the proposed development of the application site shall be prepared and submitted for the written approval of the Planning Authority. Subsequent planning applications within the site shall thereafter conform to the agreed Development Brief. The Development Brief shall include details of the following requirements:

• road access and construction of a realigned Carlogie Road to the standards set by the Director of Infrastructure Services; • an extra 15% reduction in CO 2 for buildings within the site beyond the 2007 Building Regulations Carbon Dioxide Emission Standard in accordance with the principles contained in Planning Advice Note: PAN84: Reducing Carbon Emissions in New Development; • an overall design concept for buildings within the site taking account of building orientation, building height, use of materials, and a palate of colours and textures to be used in the construction of buildings; • provision of access by pedestrian, cycle and public transport; • a strategy for the drainage of foul and surface water; • site layout and design to accommodate a range of business uses; • an investigation of the need for archaeological evaluation and provisions for the undertaking and implementation such archaeological works as will be necessary; • a tree survey in accordance with ER7 requirements; • details of structure planting and landscaping within and around the site which shall take place at an early stage and will require to be to a high standard, particularly given the gateway location of this site and • A site specific lighting assessment in accordance with Policy ER10. Reason: In order to ensure that development within the site takes place in accordance with an overall design concept as required by Proposal C6 in the Finalised Angus Local plan Review as modified in February 2007 and in the interests of the amenity of the area.

3. That no development in connection with the planning permission hereby approved shall take place unless full details of the siting, design, external appearance and landscaping of the development and the means of access serving the development (hereinafter referred to as the “Reserved Matters”) have been submitted to and approved by the Planning Authority. The reserved matters shall include: • A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed datum point; • Full details of the proposed means of foul and surface water from the development; • Full details relating to the phasing of development within the site; • A detailed layout plan; 14 Report No 662/08

• Full details relating to the roads layout within the site and the realignment of the A930 Carlogie Road. Reason: Permission for the development has been granted in principle only and subsequent approval is required for the Reserved Matters in accordance with Sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997.

4. That application for approval of reserved matters shall be made to the Planning Authority within 3 years beginning with the date of this outline planning permission. Reason:

5. That the development hereby granted shall be begun on or before whichever is the latest of the following dates: (a) The expiration of five years beginning with the date of the outline planning permission; or (b) The expiration of two years from the final approval of the reserved matters or in the case of approval of different dates, the final approval of the last such matters to be approved. Reason: Pursuant to Sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997.

6. That no works shall take place within the development site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the Aberdeenshire Council Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the Aberdeenshire Council Archaeology Service. Reason: In order to safeguard and record the archaeological potential of the area.

7. That prior to the occupation of any unit within the site 2 two bay glazed roof enclosed bus shelters constructed to the standards of Angus Council. The shelters shall be provided at positions on the realigned A930 Carlogie Road to be agreed with the Planning Authority prior to the commencement of development. The shelters shall be accessible via footpath and shall incorporate raised kerbs and an electrical supply to the standards of Angus Council. Reason: To ensure the adequate provision of public transport facilities within the site in the interests of site accessibility.

8. That a Transport Assessment shall be submitted as part of any subsequent Reserved Matters application for the further written approval of the Planning Authority in consultation with the Head of Roads. The development of the site shall reflect and incorporate the recommendations contained in any approved Transport Assessment. Reason: To ensure that the development can be accessed adequately by all modes of transport.

15 Report No 662/08

9. That all proposed and conditional alterations to the existing public roads network shall be completed to the standards of Angus Council prior to the commencement of development. Reason: In order to provide a satisfactory standard of site access in the interests of traffic safety and the free flow of traffic.

10. That prior to the commencement of any development comprising Use Classes 4, 5 or 6 as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997 a noise impact assessment shall be submitted for the approval of the Head of Planning and Transport. Prior to the submission of the aforementioned noise impact assessment a method statement detailing how this will be carried out shall be submitted for the approval of the Head of Planning and Transport. Reason: In the interest of the amenities of nearby noise sensitive properties.

11. That prior to the commencement of any development comprising of any of the following activities namely food manufacture, waste management, shot blasting or coating processes an air quality impact assessment including odour shall be submitted for the approval of the Head of Planning and Transport. Prior to the submission of the aforementioned air quality impact assessment a method statement detailing how this will be carried out shall be submitted for the approval of the Head of Planning and Transport. Reason: In the interest of the amenities of nearby sensitive properties.

NOTE

No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report.

P&T/MA/IAL 24 June 2008

Eric S. Lowson Director of Infrastructure Services