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• EDINBVRGH. Itemno I S1 Report No the CITY of EDINBURGH COUNCIL Planning Permission 11/01584/FUL at 33, 34, 35, 36 Gyle Centre Gyle Avenue Edinburgh EH129JT

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• EDINBVRGH. Itemno I S1 Report No the CITY of EDINBURGH COUNCIL Planning Permission 11/01584/FUL at 33, 34, 35, 36 Gyle Centre Gyle Avenue Edinburgh EH129JT • EDINBVRGH. Itemno I S1 Report no THE CITY OF EDINBURGH COUNCIL Planning Permission 11/01584/FUL at 33, 34, 35, 36 Gyle Centre Gyle Avenue Edinburgh EH129JT Development Management Sub-Committee of the Planning Committee DEPARTURE FROM THE DEVELOPMENT PLAN This development proposed by this application is a departure from the development plan: The proposal fails to comply with policy Ret 3(c) of the Edinburgh City Local Plan. However, the policy has a broad context that allows a limited amount of development. The proposal is for a retail extension that is compatible with the existing characteristics of the Centre that largely complies with policy Ret 3 without having an adverse impact on town centres including the city centre. There is therefore justification for allowing an exception to policy Ret 3 (c). 1 Purpose of report To consider application 11/01584/FUL, submitted by Gyle Shopping Centre General Partner Ltd. The application is for: Extension to the Gyle Shopping Centre, incorporating units 33-36 (inclusive) to form a single new retail unit spread over two floors. It is recommended that this application be GRANTED subject to the conditions below. 2 The Site and the Proposal Site description The application site is an area of land (approximately 0.59ha) currently forming part of a service yard and car parking for the Gyle Centre. It is located to the south side of the Gyle Centre, immediately to the west of the central entrance to the shopping centre. Site History March 1992 - Planning consent granted to develop a district shopping centre and associated parking (planning reference 91/270). May 1992 - Detailed planning permission granted to develop a district shopping centre (planning reference 92/94). Planning applications 95/01 043/FUL by Wimpey Construction UK for an extension to the shopping mall and an extension to the Marks & Spencers store, 95/01358/FUL were submitted in 1996. The rights of the mall extension were conveyed to Marks & Spencers. These applications were called in by the Scottish Ministers and were approved in December 2000. The extension to the Marks & Spencers store has been constructed. Planning permission 95/01043/FUL remained unimplemented. December 1999 - Construction of mezzanine floor and new shopfront entrance at units 18/19. Additional floorspace of 308 square metres consented. (99/01645/FUL) The extension to this unit was considered by the Scottish Ministers in the approval of application 95/01043/FUL. July 2003 - Planning consent granted to amend previous planning consent 95/01043/FUL for an extension of 2787 square metres. Approval was given to transfer the previous consented floor space to an altemative extension. This permission has been partly implemented with the erection of phase 1 of the consent which has a floor area of 1358 square metres. A total of 1429 square metres of approved floor space was not developed (application reference 03/01080/FUL). December 2004 - Extension to time period approved for planning permission 99/01645/FUL for the extension of 308 square metres at units 18/19 (04/03839/FUL). This unimplemented floorspace is in addition to the 1429 square metres from consent 95/01043. 2 April 2006 - Planning consent granted for an extension to unit 5 with a gross floor area of 385 square metres (planning reference 06/00004/FUL). This resulted in the remaining consented floor space from consent 95/01043 to be utilised as 1044 square metres. August 2008 - Planning consent granted for the extension of unit 18-19 of 248 square metres gross floor area (planning reference 07/00770/FUL). Pre-Application Process A presentation was given to the Edinburgh Urban Design Panel on 30 March 2011. The Panel's comments are summarised as follows: It is understood that there may be significant benefits to the Gyle in attracting a major new retailer. With the changing context resulting from the new transport infrastructure, it is important that the design of any new extension recognises the site's special gateway status. With this in mind, there is concern that the addition, as currently proposed sits uncomfortably with the existing centre. As a consequence, it is strongly suggested that the design is refined to better take account of its existing context while at the same time anticipating how it could later integrate into a potential comprehensive redevelopment of the frontage of the Gyle. The full comments and presentation material are publicly available on the Planning and Building Standards Portal. Description Of The Proposal It is proposed to utilise current units within the centre and extend the centre southwards to provide a new larger retail unit for one user. The proposed retail unit will be spread over two storeys and have a gross floor area of 5,575 sq.m. of which the new build element will be 4,911 sq.m. The extension will be rectangular in plan form, but a returned 'L' shaped plan form when including the existing units of the centre. It will measure approximately 43.3m deep by 56.3m wide by 11.8m high. The external fabric of the extension will be a structural glazing system with aluminium composite cladding panels in a copper green colour. The panels are rectangular in shape with a uniform width and varying heights. The building will have opaque glazing on the outer edges of the building. The proposal will retain a service area which will run along the southern and western side of the extension. The service area will be screened by a curved 'living wall' of evergreen climbers. The proposal will result in the loss of approximately 144 parking spaces. 3 Previous Scheme The main alterations from scheme 1 are the colour and pattern of materials for the external fabric of the building. Supporting Information The applicant has submitted a Design and Access Statement, Planning and Retail Study (Retail Impact Assessment), an Addendum to the Retail Impact Assessment, a Sustainability Statement and a Transport Statement. Although the proposal does not constitute a major development, the applicant held a public consultation event over three days from the 4-6 March 2011 (inclusive). The event took the form of a public exhibition in the Gyle Centre. Further details and the findings can be found in the Pre-application Consultation Document submitted with the proposal. These documents are publicly available on the Planning and Building Standards Portal. 3. Officer's Assessment and Recommendation Determining Issues Do the proposals comply with the development plan? If the proposals do comply with the development plan, are there any compelling reasons for not approving them? If the proposals do not comply with the development plan, are there any compelling reasons for approving them? ASSESSMENT To address these determining issues, the Committee needs to consider whether: a) the proposed use is acceptable in this location; b) the design of the proposal is acceptable; c) the proposal is detrimental to amenity; d) the proposal meets the requirements of the Edinburgh Standard for Sustainable Buildings; and e) the proposal is acceptable in terms of transport. 4 a) The proposal is for an extension to the Gyle Centre. The principle of retail development is subject to Structure Plan policies RET 1 and RET 2 and these are reflected in policy Ret 3 of the Edinburgh City Local Plan. The objective of the ECLP is to sustain and enhance the city centre and other town centres by limiting the amount and character of further development that takes place in commercial centres. The Gyle Centre is identified in the Edinburgh City Local Plan (ECLP) as a commercial centre. Policy Ret 3 applies. A Planning and Retail Study (Retail Impact Assessment) and three addendums have been submitted in support of the proposal. These have been assessed against the aforementioned Structure Plan and Local Plan policies and summarised below. Policy Ret 3a (Sequential Test) The proposal is for a development that has a number of pre-requisites that include the size of the site and the ability of an existing floorplate to be reconfigured/amalgamated with a neighbouring site in order to achieve a retail floorspace of approximately 5000sq.m. Potential town centres and edge of centre options have been assessed as part of the sequential test and no alternative preferable locations have been identified which could accommodate the development. Policy Ret 3b (Impact) Assessment of the Retail Impact Assessment (RIA) has revealed that the individual and cumulative impacts of the proposal on individual town centres referred to in the Edinburgh City Local Plan (including the city centre) are expected to be relatively small i.e. individual impact (0.15%); cumulative impact (around 3%). Although the available evidence indicates that trade diversion will not be significant in quantitative terms, the proposal is coming forward at a time when the city centre is looking increasingly vulnerable. It has underperformed when compared against other regional centres and faces challenges which can in the main be attributed to the difficult economic climate. The city centre's position is also less assured since major new retail floorspace in the form of the St James Centre is now unlikely to come on stream before 2016. The original target date for completion in the Edinburgh City Local Plan was 2012. Fife Council has formally objected through its role as a member of SESplan. Fife Council argues that the proposal raises strategic cross boundary issues as it would divert trade away from Dunfermline town centre. The counter argument is that the proposal is potentially clawing back lost trade from Dunfermline. 5 Concerns about the impact of the proposal on the city centre have been raised by Henderson Global Investors, the owners of the St James Shopping Centre.
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