Notice of meeting and agenda

Development Management Sub-Committee of the Planning Committee

10.00 am Wednesday 13 January 2016

Dean of Guild Court Room, City Chambers, High Street,

This is a public meeting and members of the public are welcome to attend.

Contacts:

Email: [email protected] / [email protected]

Tel: 0131 529 4261/0131 529 4085

1. Order of business

1.1 Including any notices of motion, hearing requests from ward councillors and any other items of business submitted as urgent for consideration at the meeting. 1.2 Any member of the Council can request a Hearing if an item raises a local issue affecting their ward. Members of the Sub-Committee can request a presentation on any item in parts 4 and 5 of the agenda. Members must advise Committee Services of their request by no later than 10.00am on the Monday preceding the meeting (see contact details in the further information section at the end of this agenda). 1.3 If a member of the Council has submitted a written request for a hearing to be held on an application that raises a local issue affecting their ward, the Development Management Sub-Committee will decide after receiving a presentation on the application whether or not to hold a hearing based on the information submitted. All requests for hearings will be notified to members prior to the meeting 2. Declaration of interests

2.1 Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest.

3. Minutes

3.1 Development Management Sub-Committee of 16 December 2015 (circulated) - submitted for approval as a correct record

4. General applications and miscellaneous business

The recommendations by the Head of Planning and Transport or other Chief Officers detailed in their reports will be approved without debate unless the Clerk to the meeting indicates otherwise during “Order of Business” at item 1 above. 4.1 48 Craiglockhart Loan, Edinburgh (Land 46 Metres South Of) – Erection of single storey house – application no 15/04991/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.2(a) 5 - 11 Ellersly Road, Edinburgh – Conversion of listed building and associated outbuildings into 42 residential units, with three new apartment buildings and mews - application no 15/03149/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED.

Development Management Sub-Committee – 13 January 2016 Page 2 of 7

4.2(b) 5 - 11 Ellersly Road, Edinburgh – Demolition of extension to Westerlea House, demolition of Garden Building, alter Westerlea House and Stables, alter and extend Chalet Building and conversion of all listed buildings on site to residential use - application no 15/03170/LBC - report by the Acting Head of Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.2(c) 5 - 11 Ellersly Road, Edinburgh – Demolition of extension to Westerlea House, demolition of Garden Building - application no 15/03171/CON - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.3(a) 4B Gayfield Place, Edinburgh – Proposed change of use and conversion of offices to form 5 residential flats including re-instatement of existing windows (as amended) – application no 15/05009/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.3(b) 4B Gayfield Place, Edinburgh –Demolition works and alterations forming 5 proposed flats including creation of bedrooms, new kitchens, construction of new insulated floor and re-opening/creation of windows (as amended) - application no 15/05010/LBC - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.4 100 Hanover Street, Edinburgh – Alter and change of use to form flat from office - application no 15/03963/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.5 159A Mayfield Road, Edinburgh – Form new vehicle access - application no 15/05032/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.6 Seafield Road, Edinburgh – Advertisement of the following types : Hoarding (static LED display) - application no 15/04261/ADV - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.7 6 Woodhall Drive, Edinburgh – Erection of three dwellings (3 storey) with integral garages and off street car parking (as amended) - application no 15/03330/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 4.8 12 Woodside Terrace, Edinburgh – Alter and extend house including dormers to front and back - application no 15/04540/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. Development Management Sub-Committee – 13 January 2016 Page 3 of 7

5. Returning Applications These applications have been discussed previously by the Sub- Committee. The recommendations by the Head of Planning and Transport or other Chief Officers detailed in their reports will be approved without debate unless the Clerk to the meeting indicates otherwise during “Order of Business” at item 1 above. None. 6. Applications for Hearing

The Head of Planning and Transport has identified the following applications as meeting the criteria for Hearings. The protocol note by the Head of Legal and Risk sets out the procedure. 6.1 194 Fountainbridge, Edinburgh (Land adjacent to) – Protocol Note – report by the Head of Legal and Risk (circulated) 6.2 194 Fountainbridge, Edinburgh (Land adjacent to) – Planning Permission in Principle for mixed use development including residential, Class 1 (retail), Class 2 (Financial, Professional and other services), Class 3 (Food and Drink), Class 4 (Business), and/or Hotel/Class 7; detailed matters included for the siting and maximum height of building blocks, points of vehicular access and egress, location of pedestrian routes, all detailed matters for the North Block (Building A1), new public square and pavilion (as amended) – application no 15/02892/PPP - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. Note: The Sub-Committee, on 2 December 2015, continued consideration of this application for a hearing to allow all parties the opportunity to address the Sub- Committee. 7. Application for Detailed Presentation The Head of Planning and Transport has identified the following applications for detailed presentation to the Sub-Committee. A decision to grant, refuse or continue consideration will be made following the presentation and discussion on each item. 7.1 4 Abbey Lane, 6 Comely Green Crescent, Edinburgh – Demolition of existing units and erection of 139 new apartments (as amended) - application no 15/03571/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED. 7.2 86 Longstone Road, Edinburgh (Land 100 Metres North Of) – Residential development of 157 new build homes, a mixture of houses and flats and mixed tenures (as amended) - application no 15/03075/FUL - report by the Head of Planning and Transport (circulated) It is recommended that this application be GRANTED.

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8. Returning Applications Following Site Visit These applications have been discussed at a previous meeting of the Sub- Committee and were continued to allow members to visit the sites. None. 9. Pre-Application Reports

No decisions will be taken on these applications at this meeting. Following a presentation by the Head of Planning and Transport, members will have the opportunity to ask questions and indicate key issues they would like the applicants to consider in their eventual application/s. Members will not express a view on the merits of the proposal/s. 9.1 2 Dewar Place, Torphichen Street, Edinburgh (Site 56 Metres West Of) – forthcoming application by Axcel Hospitality (Edinburgh) Ltd for the erection of Hotel development (Class 7), associated facilities and ancillary works - application no 15/05132/PAN - report by the Head of Planning and Transport (circulated) 9.2 105, 113 Dundas Street, 34 Fettes Row, 7, 11 And 13 Eyre Terrace, Edinburgh – forthcoming application by The Royal Bank Of Scotland PLC for a residential and mixed use development, including class 1 (shops), class 2 (financial profesional and other services), class 3 (food and drink) class 4 (business), Hotel class 7 and/or Care Home Class 8 and ancillary works - application no 15/05024/PAN - report by the Head of Planning and Transport (circulated) 9.3 132 Glasgow Road, Newbridge (Land Adjacent To) – forthcoming application by Taylor Wimpey East Scotland for the erection of 132 residential dwellings, associated infrastructure and ancillary works - application no 15/05177/PAN - report by the Head of Planning and Transport (circulated) 9.4 1 Lanark Road, Edinburgh – forthcoming application by the John Clark Motor Group for a residential development forming 69 flatted units with underground private parking and landscaped deck - application no 15/05319/PAN - report by the Head of Planning and Transport (circulated) 9.5 280 Niddrie Mains Road, Edinburgh (Jack Kane Community Centre Hunters Hall Public Park) – forthcoming application by The City Of Edinburgh Council for the construction of new outdoor velodrome, bmx track and 3g grass pitches. Refurbishment of Jack Kane Centre building. Demolition of derelict janitors houses. Construction of new car parking and associated access routes and paths and improvement to existing car parking and paths - application no 15/05530/PAN - report by the Head of Planning and Transport (circulated)

Carol Campbell Head of Legal and Risk Development Management Sub-Committee – 13 January 2016 Page 5 of 7

Committee Members Councillors Perry (Convener), Dixon (Vice-Convener), Bagshaw, Balfour, Blacklock, Cairns, Child, Heslop, Howat, Keil, McVey, Milligan, Mowat, Ritchie and Robson. Information about the Development Management Sub-Committee

The Development Management Sub-Committee consists of 15 Councillors and usually meets twice a month. The Sub-Committee usually meets in the Dean of Guild Room in the City Chambers on the High Street in Edinburgh. There is a seated public gallery and the meeting is open to all members of the public. Further information Any member can request a hearing if an item raises a local issue affecting their ward. Members must advise Committee Services by no later than 9.00am on the Monday preceding the meeting if they wish to be heard. Contacts: 0131 529 4085 email [email protected] . A summary of the recommendations on each planning application is shown on the agenda. Please refer to the circulated reports by the Head of Planning and Transport or other Chief Officers for full details. Online Services - planning applications can be viewed online by going to www.edinburgh.gov.uk/planning - this includes letters of comments received. Only elected members and officers of the Council may speak at the meeting unless the item is shown as a Hearing. For Hearings, the list of organisations invited to speak at the meeting will be detailed in the relevant report. The Development Management Sub- Committee does not hear deputations. For the majority of planning applications, the decision rests with the Development Management Sub-Committee. The Sub-Committee only makes recommendations to the full Council on national applications and major applications which are significantly contrary to the Development Plan. Reports on that type of application which require a “pre-determination hearing” will explain the process.

If you have any questions about the agenda or meeting arrangements, please contact Blair Ritchie, Committee Services, City of Edinburgh Council, Business Centre 2:1, Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG, 0131 529 4.85 email [email protected] A copy of the agenda and papers for this meeting will be available for inspection prior to the meeting at the main reception office, City Chambers, High Street, Edinburgh. The agenda, minutes and public reports for this meeting and all the main Council committees can be viewed online by going to www.edinburgh.gov.uk/meetings .

Webcasting of Council Meetings

Please note this meeting may be filmed for live and subsequent broadcast via the Council’s internet site – at the start of the meeting the Convener or the Clerk will confirm if all or part of the meeting is being filmed. Development Management Sub-Committee – 13 January 2016 Page 6 of 7 You should be aware that the Council is a Data Controller under the Data Protection Act 1998. Data collected during this webcast will be retained in accordance with the Council’s published policy including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site.

Generally the public seating areas will not be filmed. However, by entering the Dean of Guild Court Room and using the public seating area, you are consenting to being filmed and to the use and storage of those images and sound recordings and any information pertaining to you contained in them for web casting and training purposes and for the purpose of keeping historical records and making those records available to the public.

Any information presented by you at a meeting, in a deputation or otherwise, in addition to forming part of a webcast that will be held as a historical record, will also be held and used by the Council in connection with the relevant matter until that matter is decided or otherwise resolved (including any potential appeals and other connected processes). Thereafter, that information will continue to be held as part of the historical record in accordance with the paragraphs above.

If you have any queries regarding this, and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact Committee Services on 0131 529 4106 or [email protected] .

Development Management Sub-Committee – 13 January 2016 Page 7 of 7 Minutes Item No 3.1

Development Management Sub-Committee of the Planning Committee

10.00 am Wednesday 16 December 2015

Present: Councillors Perry (Convener), Dixon (Vice-Convener), Bagshaw, Balfour, Blacklock, Cairns, Child, Gardner (substituting for Councillor Robson), Heslop, Howat, Keil, McVey, Milligan, Mowat and Ritchie.

1. Minutes

Decision To approve the minute of the Development Management Sub-Committee of 18 November 2015 as a correct record. 2. General Applications and Miscellaneous Business

The Sub-Committee considered the reports on planning applications and pre-applications, listed in Sections 4, 7 and 9 of the agenda for the meeting. Decision To determine the applications as detailed in the Appendix to this minute. (Reference – reports by the Acting Head of Planning and Building Standards, submitted) Chair The Convener (Councillor Perry) vacated the Chair after item 7.2 and the Vice- Convener Councillor Dixon assumed the Chair for the remainder of the meeting. 3. 1B West Coates, Edinburgh (Donaldson College) The Head of Planning and Transport reported on an application for planning permission for conversion of existing the A listed Playfair building into residential dwellings to include internal and external alterations, erection of new-build dwellings to north of site and construction of associated parking and landscaping including ancillary works. (as amended). - Application no. 15/03780/FUL. The Head of Planning and Transport gave details of the proposal and the planning considerations involved and recommended that permission was granted.

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 1 of 8

Motion 1) To grant planning permission subject to conditions, reasons, informatives and a legal agreement detailed in section 3 of the report by the Head of Planning and Transport. 2) An additional condition requiring a Bird Hazard Management Plan as detailed in appendix 2 to this minute. - moved by Councillor Perry, seconded by Councillor Balfour. Amendment To refuse planning permission as it was contrary to Local Plan Policy Env 18. - moved by Councillor Bagshaw, seconded by Councillor Heslop. Voting For the motion 11 votes For the amendment: 3 votes Decision 1) To grant planning permission subject to conditions, reasons, informatives and a legal agreement detailed in section 3 of the report by the Head of Planning and Transport. 2) An additional requiring a Bird Hazard Management Plan as detailed in appendix 2 to this minute. (Reference – report by the Head of Planning and Transport, submitted).

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 2 of 8

Appendix 1

Agenda Item No/Address Details of Proposal/Reference No Decision

Note: Detailed conditions/reasons for the following decision are contained in the statutory planning register.

Item 4.1 - 14 Ashley The removal of an existing office To GRANT planning permission Place Edinburgh building and associated storage subject to conditions, reasons, yard and the erection of 40 Flats informatives and a legal (as amended).- Application no. agreement detailed in section 3 of 14/05208/FUL the report by the Head of Planning and Transport.

Item 4.2 - 4.8 10 Alter and extend two existing To GRANT planning permission Gilmerton Road cottages and erection of new subject to conditions, reasons, Edinburgh managed student accommodation informatives and a legal with a communal area on the agreement detailed in section 3 of ground floor together with the report by the Head of associated facilities, access, Planning and Transport. landscaping, car parking and cycle parking.- Application no. 15/03566/FUL

Item 4.3 - Muirhouse Stopping Up Order - Reference no. To CONFIRM the Stopping Up Parkway Pennywell PO/15/15 Order. Medway Pennywell Gardens Pennywell Grove and Pennywell Place Edinburgh

Item 4.4 - Oxgangs Stopping Up Order - Reference no. To CONFIRM the Stopping Up Road North Edinburgh PO/15/5 Order.

Item 4.5 - 40 Seafield Replace existing advertising unit To GRANT advertisement Road East Edinburgh with new internally illuminated LED consent subject to conditions, (Land 30 metres advertising unit.- Application no. reasons and informatives as southeast of)t 15/05034/ADV detailed in section 3 of the report by the Head of Planning and Transport.

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 3 of 8

Agenda Item No/Address Details of Proposal/Reference No Decision

Item 4.6 - Sighthill Stopping Up Order. - Reference To CONFIRM the Stopping Up Wynd Edinburgh no. PO/15/16 Order.

Item 7.1 - 20 Newhaven Erection of 138 new residential 1. To Approve the Place Edinburgh (Land units. – Application no. application subject to 50 metres east of) 15/02317/AMC conditions, reasons and informatives and a legal agreement detailed in section 3 of the report by the Head of Planning and Transport. 2. The Head of Planning and Transport to provide a briefing note on the educational contribution and how the cost of the new primary school would be met.

Item 7.2(a) - 1B West Planning permission for conversion 1) To GRANT planning Coates Edinburgh of existing A listed Playfair building permission subject to (Donaldson's College) into residential dwellings to include conditions, reasons, internal and external alterations, informatives and a legal erection of new-build dwellings to agreement detailed in north of site and construction of section 3 of the report by associated parking and the Head of Planning and landscaping including ancillary Transport. works. (as amended). - Application 2) An additional condition no. 15/03780/FUL requiring Bird Hazard Management Plan as detailed in appendix to this minute.

Item 7.2(b) - 1B West To GRANT listed building Coates Edinburgh consent subject to notification to (Donaldson's College) Scottish Ministers as detailed in Edinburgh section 3 of the report by the Head of Planning and Transport.

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 4 of 8

Agenda Item No/Address Details of Proposal/Reference No Decision

Item 9.1 - Drum Estate Forthcoming application by South 1. To note the key issues at Drum Street Edinburgh East Edinburgh Development this stage. Company Ltd (SEEDCO) for a phased development of residential, 2. Further information retail, community facilities required on: (including primary school and community leisure centre), class 2 (a) ground stability as a and 3 uses and associated consequence of past mine development. - Application no. workings in the area; 15/04872/PAN (b) the provision of transport infrastructure, including that to serve public transport; (c) landscaping and other measures to screen development from the city bypass and to mitigate impacts of vehicle noise; (d) safeguard the former railway line that crosses the site for future public transport use; and, (e) pedestrian/cycle access to the proposed Gilmerton primary school (LDP Ref: SCH7) and other community facilities proposed in the area.

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Agenda Item No/Address Details of Proposal/Reference No Decision

Item 9.2 - 105 Provost Forthcoming application by Taylor 1. To note the key issues at Milne Grove South Wimpey East Scotland for a this stage. Queensferry (Land 100 proposed residential development metres south of) with associated access and 2. Further information infrastructure works. – Application required on: no. 15/03725/PAN (a) pedestrian, cycle and vehicular access points to the site from existing housing areas. (b) landscaping and other measures to screen development from the A90 and to mitigate impacts of vehicle noise; and, (c) pedestrian / cycle access to public transport facilities i.e. railway station and the wider footpath / cyclepath network.

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 6 of 8

Appendix 2

Item 7.2(a) - Additional condition

Submission of a Bird Hazard Management Plan

Development shall not commence until a Bird Hazard Management Plan has been submitted to and approved in writing by the Planning Authority. The submitted plan shall include details of:

• monitoring of any standing water within the site temporary or permanent

• sustainable urban drainage schemes (SUDS) - Such schemes shall comply with Advice

Note 6 'Potential Bird Hazards from Sustainable Urban Drainage schemes (SUDS) (available at http://www.aoa.org.uk/policy-safeguarding.htm).

• management of any flat/shallow pitched/green roofs on buildings within the site which may be attractive to nesting, roosting and loafing birds. The management plan shall comply with Advice Note 8 'Potential Bird Hazards from Building Design' attached.

• reinstatement of grass areas

• maintenance of planted and landscaped areas, particularly in terms of height and species of plants that are allowed to grow

• which waste materials can be brought on to the site/what if any exceptions e.g. green waste

• monitoring of waste imports (although this may be covered by the site licence)

• physical arrangements for the collection (including litter bins) and storage of putrescible waste, arrangements for and frequency of the removal of putrescible waste

• signs deterring people from feeding the birds.

The Bird Hazard Management Plan shall be implemented as approved on completion of the development and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority.

Reason: It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of .

The Bird Hazard Management Plan must ensure that flat/shallow pitched roofs be constructed to allow access to all areas by foot using permanent fixed access stairs ladders or similar. The owner/occupier must not allow gulls, to nest, roost or loaf on the building. Checks must be made weekly or sooner if bird activity dictates, during the breeding season.

Outside of the breeding season gull activity must be monitored and the roof checked regularly to ensure that gulls do not utilise the roof. Any gulls found nesting, roosting or loafing must be dispersed by the owner/occupier when detected or when requested by Edinburgh Airport Airside Operations staff. In some instances it may be necessary to contact Edinburgh Airport Airside Operations staff before bird dispersal takes place. The owner/occupier must remove Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 7 of 8 any nests or eggs found on the roof.

The breeding season for gulls typically runs from March to June. The owner/occupier must obtain the appropriate licences where applicable from Scottish Natural Heritage before the removal of nests and eggs.

Development Management Sub‐Committee of the Planning Committee – 16 December 2015 Page 8 of 8

Development Management Sub Committee

Wednesday 13 January 2016

Application for Planning Permission 15/04991/FUL At Land 46 Metres South Of 48, Craiglockhart Loan, Edinburgh Erection of single storey house.

Item number Report number

Wards A09 - Fountainbridge/Craiglockhart

Summary

There are compelling reasons which justify a departure from the Edinburgh City Local Plan with respect to policy OS 1; it will not have a detrimental impact on the character and appearance of the listed building, neighbouring amenity, or the Local Nature Conservation site. The loss of open space is acceptable in this instance. There are no material considerations that outweigh this conclusion.

Links

Policies and guidance for LPC, CITD1, CITD3, CITE3, CITE9, CITE12, CITE15,

this application CITOS1, CITH1, CITH3, CITT4, NSG, NSGD02, NSLBCA, NSP,

Development Management Sub-Committee – 13 January 2016 Page 1 of 14 15/04991/FUL

Report

Application for Planning Permission 15/04991/FUL At Land 46 Metres South Of 48, Craiglockhart Loan, Edinburgh Erection of single storey house.

Recommendations

1.1 It is recommended that this application be Granted subject to the details below. Background

2.1 Site description

The application site sits to the south of Craiglockhart House which is a Category B listed building (listed 12.12.1974, reference LB30055) and to the north of Craiglockhart Loan. Craiglockhart House is an early 19th century Tudor- classical style building. It originally occupied grounds of approximately one hectare; this has been scaled back by small housing developments to the north and west of the house.

The site comprises grassland and has mature hedging between approximately 5 and 6 metres high on the southern and eastern boundaries. It is designated as 'Open Space' and 'Local Nature Conservation Site'. The surrounding use is residential.

2.2 Site History

November 1996 - Development Brief approved for this site and surrounding area.

30 July 2003 - Planning permission refused for erection of a single dwelling house and garage (application number 03/01465/FUL and 03/01465/LBC). Reasons for refusal were:

 The proposal is contrary to South West Edinburgh Local Plan Policy E4 in respect of listed buildings, as the proposed house would severely affect the setting of the listed building by its position and massing.

 The proposal is contrary to previous decisions the Council has taken regarding this site, and is contrary to the Development Brief approved in November 1996 for this site.

 The proposal is contrary to Non-Statutory Guidelines in respect of the Setting of Listed Buildings, as the proposals would intervene in the vista of the front of the villa, to the detriment of its character and setting.

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 The proposal is contrary to South West Edinburgh Local Plan Policy E5 in respect of new building quality, as the design and materials of the house are insufficient to protect or enhance the setting of the listed building.

03 December 2012 - Planning permission refused for the erection of single dwelling house on two storeys (application number 12/02841/FUL). Reasons for refusal were:

 The proposed house would affect the setting of the listed building by its position and massing which intervene in the setting and views of the listed building, contrary to Policy ENV 3 of the Edinburgh City Local Plan and the Council's Non-Statutory Guideline on development affecting the setting of listed buildings.

 The scale, design and location of the proposal would have an adverse effect upon the character and appearance of the area and visual amenity, contrary to policy Des 3 of the Edinburgh City Local Plan.

 The proposal is contrary to the Development Brief approved in November 1996 for this site.

13 October 2015 - Application withdrawn for the erection of two single storey houses in 1930s style (15/03971/FUL).

29 October 2015 - Application withdrawn for the erection of a single storey house in 1930s style (15/03857/FUL).

Surrounding Sites of Relevance

April 1999 - erection of one lodge house, five town houses and 12 flats (amended to 11) Refused as over-development. Appeal sustained. The Reporter agreed that the new access position off Craiglockhart Dell Road would cause the least disturbance to the listed frontage (application number 98/3302).

September 2001 - Planning permission granted for the erection of lodge house, 12 flats and 5 townhouses (application number 00/03348/FUL).

June 2002 - Planning permission and listed building consent granted for the rationalisation of the presently subdivided villa into five flats with garages and bin stores (application number 01/00125/FUL and LBC).

March 2003 - planning permission granted for the erection of porte-cochere, hard and soft landscaping layout and boundary treatment, (new external stair and entrance to flats 4 + 5) (application number 02/04370/FUL and LBC).

Main report

3.1 Description Of The Proposal

The application is for the erection of one and a half storey, four bedroom detached house in a 1930's design with a ridge height of 7.09 metres.

Development Management Sub-Committee – 13 January 2016 Page 3 of 14 15/04991/FUL

The house would have a concrete pantile pitched roof, white timber windows and white based dry dash render on external walls to reinforce the 1930's style.

The site would be accessed by a footpath and a driveway from Craiglockhart Loan. The driveway will provide two parking spaces.

The development would require the removal of six young cherry trees which are not protected by a TPO.

There are no proposed replacement trees.

Supporting Information

The applicant has submitted a Planning Statement to support the application.

This document is available to view on the Planning and Building Standards Online Services.

3.2 Determining Issues

Section 25 of the Town and Country Planning (Scotland) Act 1997 states - Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

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?

3.3 Assessment

To address these determining issues, the Committee needs to consider whether:

a) the development is acceptable in principle;

b) the loss of open space and development on a Local Nature Conservation Site is acceptable;

c) the development respects the character of the street and surrounding area in terms of scale, form and design;

d) the proposals will adversely affect the setting of the listed building;

e) the development results in any amenity issues;

f) the development has a detrimental impact on trees worthy of retention;

Development Management Sub-Committee – 13 January 2016 Page 4 of 14 15/04991/FUL

g) the development has any road safety impacts;

h) the site is of archaeological significance; and

i) public comments raised have been addressed.

(a) Principle

Policy Hou 1 (d) within the Edinburgh City Local Plan states "Housing development will be permitted on other suitable sites within the 'Urban Area', provided proposals are compatible with other policies in the Plan."

This site is designated as urban area within the Edinburgh Local Plan therefore the principle of housing development on this site is acceptable subject to compliance with other relevant policies.

(b) Loss of Open Space and development on a Local Nature Conservation Site

This site is also designated as 'Open Space' and is part of a 'Local Nature Conservation Site'. Policies OS 1 and Env 15 of ECLP are applicable to this proposal.

Loss of Open Space

This proposal does not fully comply with the criteria set in policy OS 1. There will be no local benefit in allowing this development or any alternative equivalent provision made elsewhere and the development is not for community purpose.

However, OS 1 states "Amenity areas in housing which have been provided with no clear purpose or sense of ownership might be considered for development...".

This is a privately owned piece of land which approximately 620 square metres and this application site would occupy approximately 370 square metres, it has minimal landscaping in the form of cherry trees. It has no particular function other than visual amenity and it is in close proximity to a larger open space area. The 'Open Space Strategy 2' quality survey has rated this open space at 51%, giving it a low score for its management regime.

It is recognised that this proposal does not comply with criteria set out in policy OS 1, however this is a small piece of 'open space' which has no community function or management at present therefore its loss will not have a significant impact on the local environment. The departure from policy is acceptable in this instance.

Local Nature Conservation Site

Policy Env 15 will not permit development on a Local Nature Conservation Site if it is likely to have an adverse impact on the flora, fauna, landscape and geological features.

Development Management Sub-Committee – 13 January 2016 Page 5 of 14 15/04991/FUL

This site is a small part of a much larger Local Nature Conservation Site - Water of Leith - and sits on the eastern boundary. There are no protected sites or protected species which have to be considered and there is no significant landscape value of the site. The proposal will not have an impact on the flora, fauna or landscape features; therefore it complies with policy Env 15.

(c) Scale, Form and Design

Craiglockhart Loan has a settled townscape character in the form of detached bungalows/ one and a half storey residential properties. Policy Des 3 seeks to ensure that where the built environment is of high quality and has a settled townscape, any new development respects this and has similar characteristics.

The proposal is for a detached one and a half storey house with dormers. The form and design of this proposal is in keeping with surrounding properties. The windows will be timber and painted white, the external walls will be dry dash render and the cills and features details will be reconstituted stone.

The scale in terms of height of this proposal is 7.09 metres, approximately one metre taller than the majority of surrounding heights which have an average of six metres. The proposed development is sandwiched between a high hedge to the northeast and a lodge development to the southwest - which currently on that section of the street has the highest ridge height at approximately 6.5 metres. The height of this development will not be visually intrusive.

The application site occupies a similar plot size to properties neighbouring it and thus acts as a continuation of the overall street pattern. The scale, form and design of this proposal are in keeping with characteristics displayed in the area, it complies with policy Des 3 and non-statutory Edinburgh Design Guidance.

(d) Impact on the setting of the listed building

This proposal sits to the south of a Category B listed building - Craiglockhart House. An approved Development Brief for this area dated 1996 states in paragraph 6.5, "The land in front of the listed building should be kept clear of new development apart from the lodge."

With regards to the brief, this proposal sits on a section of land in front of the house which is completely separated by a large hedge and does not show any clear relation to the listed building. This separation will allow the development to act as a continuation of Craiglockhart Loan's streetscape. As the site does not exhibit any relation to the house, the development will not have any impact on the sense of space surrounding the house.

Minimal weighting should be placed on this brief as a material consideration due to its age and change in circumstances surrounding the site.

The proposed access will require a breach in the wall. This wall is not specifically mentioned within the listing description and has had alterations. This breach is considered acceptable in this instance.

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The proposed development is subservient and will not impact on the listed buildings silhouette. The proposal will not have a significant impact on the character or appearance of the listed building or its setting; it therefore complies with Local Plan policy Env 3 and non-statutory guidance for Listed Building and Conservation Areas.

(e) Neighbouring Amenity

There will be no impact on neighbouring amenity in terms of daylight/sunlight, privacy or immediate outlook.

(f) Impact on trees worthy of retention

The trees outlined for removal are six young Cherry trees; which are not covered by a TPO. They have a limited value in the landscape context therefore the trees are not worthy of retention.

(g) Impact on Road Safety

Transport Planning was consulted and raised no objections to this proposal.

The applicant has shown that sightlines comply with Transport requirements and the proposed turning head within the driveway will mitigate the need to reverse onto Craiglockhart Loan. The erection of a single dwelling will not have an impact on traffic.

The proposal complies with Local Plan policy Tra 4 and non-statutory guidance for Parking Standards.

(h) Archaeology

This site has been identified as part of an area of archaeology significance. If permission is granted, a condition which will require a programme of work for an excavation, analysis and report to be submitted and to be approved by the Planning Authority will be attached.

This complies with Local Plan policy Env 9.

(i) Public Comments

This application received a total of 33 letters of representation. Twenty five were objections and eight were in support of the proposal.

Material Representations - Objection

 Detrimental to the setting of the listed building - addressed in section 3.3(d) of the assessment.  Unacceptable breach in listed wall - addressed in section 3.3(d) of the assessment.  Traffic and road safety concerns - addressed in 3.3(g) of the assessment.  Loss of Open Space - addressed in section 3.3(b) of the assessment.  Loss of TPO trees - addressed in section 3.3(f) of the assessment.

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 Scale of development is inappropriate - addressed in section 3.3(c) of the assessment.  Contrary to 1996 Development Brief - addressed in section 3.3(d) of the assessment.  Archaeological remains will be affected - addressed in section 3.3(h) of the assessment.

Conclusion

In conclusion, there are compelling reasons which justify a departure from the Edinburgh City Local Plan with respect to policy OS 1; it will not have a detrimental impact on the character and appearance of the listed building, neighbouring amenity, or the Local Nature Conservation site. The loss of open space is acceptable in this instance.

It is recommended that this application be Granted subject to the details below.

3.4 Conditions/reasons/informatives Conditions:-

1. No development shall take place on the site until the applicant has secured the implementation of a programme of archaeological work (excavation, analysis & reporting, publication) in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

2. A fully detailed landscape plan, including details of all hard and soft surface and boundary treatments and all planting, shall be submitted to and approved in writing by the Planning Authority before work is commenced on site.

Reasons:-

1. In order to safeguard the interests of archaeological heritage.

2. In order to ensure that a high standard of landscaping is achieved, appropriate to the location of the site.

Informatives

It should be noted that:

1. The works hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

2. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123(1) of the Town and Country Planning (Scotland) Act 1997.

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3. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

4. Access to any car parking area is to be by dropped kerb (i.e. not bell mouth);

5. A length of 2 metres nearest the road should be paved in a solid material to prevent deleterious material (e.g. loose chippings) being carried on to the road;

6. Any gate or doors must open inwards onto the property;

7. Any hard standing outside should be porous, to comply with 'Guidance for Householders' published in December 2012;

8. The applicant should be informed that prior to carrying out any works to form a footway crossing a Minor Roadwork's consent must be applied for and secured;

9. The works to form a footway crossing must be carried out in accordance with "Development Roads - Guidelines and Specification". See pages 5, 15 & 16 of http://www.edinburgh.gov.uk/download/downloads/id/704/guidance_for_househo lders.

Financial impact

4.1 The financial impact has been assessed as follows:

There are no financial implications to the Council. Risk, Policy, compliance and governance impact

5.1 Provided planning applications are determined in accordance with statutory legislation, the level of risk is low. Equalities impact

6.1 The equalities impact has been assessed as follows:

The application has been assessed and has no impact in terms of equalities or human rights. Sustainability impact

7.1 The sustainability impact has been assessed as follows:

This application meets the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

8.1 Pre-Application Process

Pre-application discussions took place on this application.

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8.2 Publicity summary of representations and Community Council comments

This application received a total of 33 letters of representation. Twenty five were objections and eight were in support of the proposal.

Material Representations - Objection

 Detrimental to the setting of the listed building;  Unacceptable breach in listed wall;  Traffic and road safety concerns;  Loss of Open Space;  Loss of TPO trees;  Scale of development is inappropriate;  Contrary to 1996 Development Brief; and  Archaeological remains will be affected.

Material Representations - Support

 Design is appropriate;  Need for houses; and  Does not compromise the listed building.

Non-Material Representations

 Concerns over use of space beside the proposed development;  Construction times; and  Possibility of this development reducing the value of neighbouring properties.

Community Council

No comments received. Background reading/external references

 To view details of the application go to  Planning and Building Standards online services

 Edinburgh City Local Plan and Rural West Edinburgh Local Plan

 Planning guidelines

 Conservation Area Character Appraisals

 Edinburgh Local Development Plan  Scottish Planning Policy

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Statutory Development Plan Provision Edinburgh City Local Plan - Urban Area This site is designated Nature Conservation Area and Open Space.

Date registered 29 October 2015

Drawing numbers/Scheme 01-06,

Scheme 1

John Bury

Head of Planning & Transport PLACE City of Edinburgh Council

Contact: Elizabeth McCarroll, Student Planner E-mail:[email protected] Tel:0131 529 3143 Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Env 3 (Listed Buildings - Setting) identifies the circumstances in which development within the curtilage or affecting the setting of a listed building will be permitted.

Policy Env 9 (Development of Sites of Archaeological Significance) sets out the circumstances in which development affecting sites of known or suspected archaeological significance will be permitted.

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Policy Env 12 (Trees) sets out tree protection requirements for new development.

Policy Env 15 (Sites of Local Importance) identifies the circumstances in which development likely to affect Sites of Local Importance will be permitted.

Policy Os 1 (Open Space Protection) sets criteria for assessing the loss of open space.

Policy Hou 1 (Housing Development) supports housing on appropriate sites in the urban area, and on specific sites identified in the Plan.

Policy Hou 3 (Private Open Space) sets out the requirements for the provision of private open space in housing development.

Policy Tra 4 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in supplementary planning guidance, and sets criteria for assessing lower provision.

Relevant Non-Statutory Guidelines

Non-Statutory guidelines Edinburgh Design Guidance supports development of the highest design quality and that integrates well with the existing city. It sets out the Council's expectations for the design of new development, including buildings and landscape, in Edinburgh.

Non-statutory guidelines 'LISTED BUILDINGS AND CONSERVATION AREAS' provides guidance on repairing, altering or extending listed buildings and unlisted buildings in conservation areas.

Non-statutory guidelines on 'PARKING STANDARDS' set the requirements for parking provision in developments.

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Appendix 1

Application for Planning Permission 15/04991/FUL At Land 46 Metres South Of 48, Craiglockhart Loan, Edinburgh Erection of single storey house.

Consultations

Environmental Services

The applicant proposes the erection of a dwelling house on land south of 48 Craiglockhart Loan. The area is residential with only existing dwellings nearby in all directions. Contaminated land issues have been considered and found to be of no concern. Amenity is unlikely to be adversely affected by this proposal; Environmental Assessment has no objections to this proposed development.

Archaeology

The site within the grounds of the late Georgian Craiglockhart House built in 1823, though the house forms part of a larger medieval estate first mentioned in the early 14th century. Significantly in 1934 the remains of a Bronze Age short cist containing a crouched inhumation where discovered immediately to the SW of the application site adjacent to the boundary wall from number 58 Craiglockhart Loan. Excavations carried out in 2000 by AOC in advance of new development revealed what is thought to be the stone kerb/reveting for the burial mound associated with this Bronze Age cist. Based on the historical and archaeological evidence the site has been identified as occurring within an area of archaeological significance. Accordingly this application must be considered under terms the Scottish Government Historic Environment Policy (SHEP), Scottish Planning Policy (SPP), PAN 02/2011 and also Edinburgh City Local Plan (2010) policy ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative. The site appears not to have been investigated in 2000 as part of the adjacent development. Accordingly given the discovery of a prehistoric burial and probably large cairn to the immediate west of the site, it is considered that the construction of this new house may have a high potential for disturbing significant prehistoric remains including possible further human burials. It is recommended therefore that a programme of archaeological work (excavation) is undertaken during prior to development in order to fully record and excavate any significant archaeological deposits that may have survived. It is recommended that the following condition is attached if consent is granted to ensure that this programme of archaeological works is undertaken.

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'No development shall take place on the site until the applicant has secured the implementation of a programme of archaeological work (excavation, analysis & reporting, publication) in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.'

The work would be carried out by a professional archaeological organisation, either working to a brief prepared by CECAS or through a written scheme of investigation submitted to and agreed by CECAS for the site. Responsibility for the execution and resourcing of the programme of archaeological works and for the archiving and appropriate level of publication of the results lies with the applicant.

Transport

I have no objections to the application subject to the following being included as conditions or informatives as appropriate: 1. Access to any car parking area is to be by dropped kerb (i.e. not bell mouth); 2. A length of 2 metres nearest the road should be paved in a solid material to prevent deleterious material (e.g. loose chippings) being carried on to the road; 3. Any gate or doors must open inwards onto the property; 4. Any hard standing outside should be porous, to comply with 'Guidance for Householders' published in December 2012; 5. The applicant should be informed that prior to carrying out any works to form a footway crossing a Minor Roadwork's consent must be applied for and secured; 6. The works to form a footway crossing must be carried out in accordance with "Development Roads - Guidelines and Specification". See pages 5, 15 & 16 of http://www.edinburgh.gov.uk/download/downloads/id/704/guidance_for_householders.

Location Plan

© Crown Copyright and database right 2014. All rights reserved. Ordnance Survey License number 100023420 END

Development Management Sub-Committee – 13 January 2016 Page 14 of 14 15/04991/FUL Development Management Sub Committee

Wednesday 13 January 2016

Application for Planning Permission 15/03149/FUL At 5 - 11 Ellersly Road, Edinburgh, EH12 6HY Conversion of listed building and associated outbuildings into 42 residential units, with three new apartment buildings and mews.

Item number Report number

Wards A06 - Corstorphine/Murrayfield

Summary

The proposals comply with the development plan and the non-statutory guidance stated and will not adversely impact on the character and appearance of the conservation area. They will have a satisfactory impact on the listed buildings on the site, and will not materially affect residential amenity or highway safety. There are no other material considerations which outweigh this conclusion.

Links

Policies and guidance for LPC, CITD1, CITD3, CITD4, CITD10, CITE2, CITE3,

this application CITE4, CITE5, CITE6, CITE12, CITH2, CITH3, CITT6, NSG, NSLBCA, NSGD02, NSP, CRPWMU,

Development Management Sub-Committee – 13 January 2016 Page 1 of 24 15/03149/FUL

Report

Application for Planning Permission 15/03149/FUL At 5 - 11 Ellersly Road, Edinburgh, EH12 6HY Conversion of listed building and associated outbuildings into 42 residential units, with three new apartment buildings and mews.

Recommendations

1.1 It is recommended that this application be Granted subject to the details below. Background

2.1 Site description

The site lies just west of Murrayfield Road, north of the , in a predominantly residential area north of Corstorphine Road. Shops exist at Western corner on Corstorphine Road to the south west of the site.

The site is on the south side of Ellersly Road, opposite the former Ellersly House Hotel. The site, which is almost rectangular in plan and 1.46 ha in area, is currently occupied as HQ offices and care facilities. The site contains the category B listed two storey manor Westerlea House (no.11 Ellersley Road) which was built between 1860 and 1869 in the Jacobean style. It ranges along the frontage of the site together with a later 1950's two storey addition to the west and a conservatory added to the south west corner by Lorimer in 1913. It was listed on 27 January 1992 (LB ref: 30275).

In addition, there are other C listed outbuildings on the site dated 1860-69 including the Chalet building and the Stable Block courtyard to the east frontage. Behind this is the C listed Garden Building; a low single storey monopitch block. These buildings numbered 5, 7 and 9 Ellersly Road were listed on 27 January 1992 (LB ref: 30276).

The south west quadrant of the site towards Corstorphine Road contains an original Lorimer designed garden circa 1913 with large lawn and accompanying fountain, statue and obelisk. The east part of the site contains modern outbuildings including a hydrotherapy pool, prefabricated classrooms and a garage block. The site is well landscaped and, for the most part, is surrounded by a high stone wall.

This application site is located within the West Murrayfield Conservation Area.

2.2 Site History

The original house is dated 1860-69 and was remodelled by Lorimer in 1913. It was occupied by the British Red Cross in 1947 as a school facility for children with disabilities. A two storey extension was built to the west side of the house in the 1950s.

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March 2009 - consent was granted for alterations to stable block to form extension to early learning centre (application numbers 09/00172/FUL and 09/00172/LBC).

July 2015- listed building application submitted for internal and external alterations to facilitate use as residential (listed building application 15/03170/LBC).

July 2015 - application for conservation area consent submitted for the removal of a series of modern buildings across the site (application number (15/03171/CON). Main report

3.1 Description Of The Proposal

The proposal is to demolish the 1950's accommodation block to the west side of the main house, the modern hydrotherapy pool, the pre-fabricated classrooms and the garages. The Garden Building will be demolished to allow a new vehicular access to serve the site.

Conversions

The main listed building will be converted to six residential units in the following combination:

1 x one bed apartment; 2 x two bed apartment (including attic study); 1x three bed apartment and 2 x three bed duplex. The Chalet building will be converted to 1 x two bed unit. The Stable Block will be converted to 1 x two bed apartment and 1 x two bed mews house.

New Construction

It is proposed to build a new three storey residential block (A) to the west of the main house, containing seven units: 1 x one bed; 3 x two bed; 1 x three bed; 2 x one bed and study penthouses.

Two new residential blocks consisting 11 no. units (Block B) and 12 units (Block C) at five storeys are to be built in the east part of the site and a new Mews Block to the rear of the Stable Block is to be built containing three units ( 3 x three bed units). Materials will be predominantly blond facing brick on these three blocks; the latter with a pitched slated roof with wall head dormers.

The total number of new residential units will be 42.

Car parking

Fifty-two car parking spaces are provided, including one per flat plus visitor provision and wheelchiar accessible spaces. Seventy-six cycle spaces in enclosed shelters are provided. One electric vehicle hook up space is to be provided.

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Landscaping

The Lorimer Garden will be preserved, including the majority of the trees along its southern and western boundaries, subject to future management and with the exception of one large mature tree (T10) which has a fungal infection and needs to be removed. The trees running down the east side of the formal garden will need to be removed to allow construction of the two large flatted blocks B and C. These trees are overgrown and of poor stock. The trees along the garden terraces will be renewed with a new aesthetic including low walls. Block A will have small private gardens to the rear on the top terrace; likewise Westerlea House flats. The tall blocks B and C will have small private gardens to the west overlooking the communal Lorimer Garden and between the blocks and the south boundary.

Applicant's Supporting Statement

The following documents are available on the Council's On-Line Services:

 Design Statement (CDA);  Drainage Report (Harley Haddow);and  Bat Assessment (July 2015).

3.2 Determining Issues

Section 25 of the Town and Country Planning (Scotland) Act 1997 states - Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

Do the proposals harm the character or appearance of the conservation area? If they do, there is a strong presumption against granting of consent.

In considering whether to grant consent, special regard must be had to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. For the purposes of this issue, preserve, in relation to the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

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?

3.3 Assessment

To address these determining issues, the Committee needs to consider whether:

a) the development is acceptable in principle in this location;

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b) the development will impact on the character and appearance of the conservation area;

c) the setting of the listed buildings is safeguarded;

d) the design, materials and open space are acceptable;

e) the development will impact on residential amenity in terms of privacy, overshadowing, noise and pollution;

f) transport, parking and access are satisfactory;

g) there will be any significant loss of tree cover;

h) there is an Affordable Housing contribution required;

i) drainage is satisfactory;

j) there are any archaeological implications;

k) there is a requirement for an education contribution;

l) the development will have an adverse impact on biodiversity;

m) there are any equality or human rights issues to consider; and

n) the representations have been addressed.

(a) Principle

The site is allocated as Urban Area in the Edinburgh City Local Plan (ECLP) where housing development in principle is acceptable. Housing is supported within the urban area by Policy H1 where it is compatible with other policies in the local plan. The development conforms with the Policy H2 - Housing Mix and Policy H4 - Density as affordable housing has been addressed and the density is appropriate to the area.

The development is acceptable in principle in this location subject to the consideration of other matters below.

(b) Conservation Area

The site sits within the Country House Sub Area of the main West Murrayfield Conservation Area as identified in the Conservation Area Character Appraisal. The essential characteristics are:

- The underlying spatial structure of the area is one of large 'country houses' in generous grounds close to main city access routes.

- The area is bound together by high stone boundary walls with houses less concerned with their relationship to each other, but more with their own design and layout within their grounds.

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- Despite a gradual process of subdivision of the grounds, houses remain either free standing in generous plots or more uniformly laid out in smaller plots.

- Imposing gates set into boundary walls mark a transition from public to private, and retain an effect of privacy.

- A continuing interest and concern for landscaped gardens and woodland trees is clearly indicated by a high degree of maintenance.

These characteristics place emphasis on the retention of high boundary walls, creating a sense of privacy between private and public spaces, and concern for areas of landscaping.

The West Murrayfield Conservation Area Character Appraisal refers to the ECLP for policy relating to new development. There is particular focus on retaining and enhancing all features that contribute to the special character of the area. With listed buildings, any alterations, additions and changes of use should not diminish the architectural integrity of the building.

The conservation area has seen some significant changes in recent years with new developments particularly in Ellersly Road and Kinellan Road bringing contemporary styled buildings closer to street boundaries. Such developments include flats at 33 Ellersly Road (Wallace Gardens), townhouses at 4 Ellersly Road (former Ellersly Hotel opposite the site) and earlier flatted blocks at Kinellan House. These are similar in style and massing to that proposed on the current application site at Westerlea House.

Whilst the "continuous stone boundary walls at the heel of the pavement" pattern of the area is maintained together with the luxurious tree growth, contemporary development in this street is much more evident and modifies the appearance without detracting from its character. The character appraisal says that "there are examples of sympathetic reuse and restoration and new build demonstrating respect for the topography and the listed buildings." This proposal will have similar positive effects.

The proposals represent an acceptable balance between new building, which utilises the less architecturally important eastern part of the site and adapts listed buildings. Cumulatively, their design, disposition and materials will not detrimentally impact on the character and appearance of the conservation area.

(c) Setting of Listed Buildings

Policy ENV4 of the Edinburgh City Local Plan states that alteration or extension of a listed building is permitted where they will not cause any unnecessary damage to historic structures or diminish its interest. In this case, the building is a wing of a larger group of buildings with the same category of listing C and its scale and importance is minimal.

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The demolitions on site will allow the main listed building to once again sit in its own space which will vastly improve its setting. The new block A is set away to the west so that there will be a visual gap between old and new. The two new tall blocks B (71.650m AOD) and C (69.900m AOD) are set down the slope and their height will exceed the ridge height of Westerlea House (68.455m AOD), by 3.2 metres but with the off set to the south within the site this will ensure that despite their massing they will not dominate the listed building as seen from the street.

The demolitions are justified in the context of local plan policy ENV2 as there are benefits resulting to the setting of the remaining listed buildings on the site (Policy ENV3).

(d) New build

The new build parts of the development adopt a contemporary feel to their design, given the context of surrounding new developments in Ellersly Road with a combination of light buff sandstone, light coloured buff brick, bronze coloured cladding around windows and balconies and glass balustrades.

Block A is a three storey building with recessed top floor set on the same building line as the main house and which replaces the 1950s west wing of the building which is to be demolished. The formal front facade will be ashlar stone. The rear elevation facing the garden will be mainly glass and brick. The stone is appropriate to the context of the street and the main listed building. A lighter treatment to the garden facade is repeated in the other new buildings in glass and brick, all of which will face onto the retained garden. The new block A will improve the setting of the listed building.

Blocks B and C are five storeys with a long, twin sheared footprint which breaks up the massing. The blocks are ranged down the east side of the site on sloping ground, overlooking the east end of the Lorimer Garden and replace single storey modern buildings, car parking and garages on the site. The tall, simple and elegant blocks maximise natural light and sunlight to apartments and form a strong visual edge to the retained garden. The height of the two blocks is similar to the flatted block to the east of the site in Murrayfield Road and to the flats immediately to the west of the site and at the end of Ellersly Road (Wallace Gardens) on the former United Distilleries Site.

Chalet block - This building is to be divided into one, two bedroom unit. This can be achieved through reworking the interior and creating a small, single storey glazed and zinc box extension in the middle, in contemporary style, projecting from the building line to the south . The design and materials are acceptable.

Mews block - It is proposed to form a single storey, 3 apartment block enclosing the south side of the former stables yard. This will be faced in natural stone. This completes the footprint of the earlier stables and is acceptable.

Access - Two new vehicular access points will be made off Ellersly Road, one to serve Block A at the west end of the site and the other to serve all the other new buildings. The benefit of the main entrance is that it will limit the amount of boundary wall demolition and ancillary listed building demolition required and takes advantage of the modern building demolitions.

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Open space - the development is arranged around the former Lorimer terraced garden and lawn so that as many apartments as possible have an aspect looking onto it and can benefit from its amenity. The proposals comply with Policy OS1 of the local plan and are acceptable.

The size of all of the proposed residential units comply with the Edinburgh Design Guidance and will create an appropriate residential environment for the residents.

The design, materials and open space are acceptable.

(e) Residential amenity

The tall Blocks B and C are orientated so that their main windows face east west, taking advantage of the open aspect of the Lorimer Garden to the west and the largely garaging area over the boundary between a villa to the north east and a block of flats to the east. The gables will be mainly blank apart from small bedroom windows facing south over the boundary, approximately 4.5 metres away. There will be no material overlooking of the south boundary towards the nursing home, which only presents a blank roofscape towards the site so that privacy should not be an issue.

In respect of overshadowing, the tall blocks which are 18m and 12m high respectively, will be set between 18 and 20 metres off the east boundary. Any shadow created by the blocks falling east will comply with the 45 degree/2metre height on the boundary guidance. In terms of noise, the only issue would be vehicles within the site. However, the majority of the west side of the site has been parking and garaging in the past where vehicles have circulated. The majority of vehicle movement will continue to be on this side of the site, so there should not be any perceived change in noise levels experienced by the neighbours. One electric car charging point will be provided next to the cycle store near the east entrance. This is proposed due to the high level of air pollution caused by traffic on Corstorphine Road. A facility for electric car use is promoted on this site, albeit in a modest way.

The development will not impact on amenity.

(f) Transport

The development is provided with 52 car parking spaces for the 42 residential units including wheelchair accessible and visitor provision. The distribution about the site, access routes to them and the provision meets levels required in the Council’s guidance and is satisfactory. Parking spaces will be two tone paviors. One electric car charging point will be provided next to the cycle store near the east entrance. Three brick cycle stores will be provided: one adjacent to Block A, one to the east of the main house close to the eastern entrance off Ellersly Road and one within Block B. A total of 76 cycle spaces are provided and this is satisfactory.

There is a requirement for a contribution in the sum of £2000 to progress a suitable order to introduce waiting and loading restrictions in the street as required. Secondly, it is required that the developer contribute a sum of £2000 to progress a suitable order to designate disabled parking spaces. This is required in order to ensure the street is workable, gives close access to the site for disabled persons and is safe and unobstructed in operation. A legal agreement is recommended as an informative.

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Transport, parking and access are satisfactory.

(g) Trees and landscape

Apart from the removal of the one mature tree, there will not be any strategic loss of tree cover. The trees that will be lost are smaller poor quality trees and their loss is considered acceptable in terms of good tree management. The peripheral tree belts will remain and conditions covering the retention and protection of trees, and a management plan, are recommended. This includes the new terrace planting.

The retention of the original garden is a positive impact for the site and will create a strong landscape feature within this development.

(h) Affordable Housing

Policy Hou7 Affordable Housing of the local plan states that sites consisting 12 or more units should include a provision for affordable housing amounting to 25% of the total number of units. For proposals of 20 or more units, the provision should be on site. Whenever practical, the affordable housing should be integrated with market housing.

The policy does recognise that some projects will be expensive to deliver if the affordable housing is to be delivered in a way that blends in with the rest of the development. It states that where a development is in a conservation area or involves the conversion of a listed building, the Council may consider receiving off-site land or a commuted sum payment in lieu of on-site affordable housing where there are exceptional reasons to avoid on-site provision, such as the site being poorly located for affordable provision, where conversions do not lend themselves to affordable provision, or there are other advantages to the Council in accepting a commuted sum such as achieving more, higher quality or better-located affordable units elsewhere.

The applicants have explored all on-site options. The average cost of building an affordable home in Edinburgh is near £110,000. The costs of constructing the average sized affordable home on this site (even assuming a nil land value) would be in excess of £190,000 per unit. This is due to the nature of the conversion, the high open space content, its listed building status and the conservation area location. It would not be possible for the Council or registered social landlord (RSL) to construct these homes and to then offer them at current affordable rent levels. There would be a shortfall in the region of £83,000 per home. If the rents were increased to help reduce the shortfall, then the homes would not be offered at affordable levels.

Consequently, the service is satisfied that the applicants provide a commuted sum. Based on the standard calculation, the sum required would be £262,500, at £25,000 per unit. It is therefore recommended that a legal agreement be entered in to. An informative to this effect will be attached to the consent.

Development Management Sub-Committee – 13 January 2016 Page 9 of 24 15/03149/FUL

(i) Drainage

In terms of SUDS, it is proposed that the roads and parking areas will be constructed in porous paving at appropriate locations and individual plot curtilage filter trenches for treating the run-off from the roofs of the new flats will be provided. The main surface water infrastructure will be adopted by Scottish Water. The porous paving in adopted public roads will be maintained by the Council. The porous paving in private courtyards, filter trenches and attenuation units will be maintained by the site factor.

The proposed foul and surface water drainage system will ensure the layout complies with all Scottish Water and Council design requirements. However, a condition is recommended to ensure that Area 2 of the site achieves a 3 litre/sec., rather than 4 litre/sec flow restriction as indicated in the applicant's Drainage Report.

(j) Archaeology

No significant archaeological remains are expected on this site. However, it is recommended that a condition be appended to the consent requiring a standard programme of archaeological work to be undertaken and that the Lorimer Garden is suitably protected from damage during the construction period.

(k) Education

A reassessment of the contribution zones within the city is currently being undertaken and the figures for the Roseburn and Blackhall contribution element of the West Contribution Zone have been released.

There is no contribution for non-denominational primary schools in this sub-area. A contribution is required to cover the cost of a two class extension at the local Roman Catholic primary school and an extension for 446 pupils at the non-denominational High School and one at the Roman Catholic school for 77 pupils. The total contribution required is £76,363.34 for this sites education provision. A legal agreement will be required to secure a contribution. An informative is recommended to ensure a contribution is received prior to the development being completed.

(l) Biodiversity

A bat survey has been carried out and no evidence of the presence of bats has been found in buildings and no bats were observed leaving or entering buildings. An informative is recommended to ensure roof materials are removed by hand and that consideration should be given to providing bat boxes on site. Otherwise there are no further matters concerning European protected species which need to be taken into account as part of this application.

(m) Equalities and Human Rights

The application has been assessed and has no apparent impact in terms of equalities or human rights.

Development Management Sub-Committee – 13 January 2016 Page 10 of 24 15/03149/FUL

(n) Representations

The following material representations have been made:

 Height and materials of new blocks are addressed in paragraph 3.3b) in the assessment above.

 Concerns relating to transport issues and provision of parking are addressed in paragraph 3.3f above.

 Impact on residential amenity and in particular privacy are addressed in paragraph 3.3e above.

 Loss of trees and impact on landscaping are addressed in paragraph 3.3g above.

Murrayfield Community Council

The Community Council has objected to the proposal for the following reasons:

 Conservation Area - protects in one part and totally damages in another - addressed in paragraph 3.3b above.  Design is inappropriate and scale of new blocks excessive - addressed in paragrapgh 3.3d above.

Conclusion

The proposal will not adversely impact on the character and appearance of the listed buildings and the conservation area; upon residential amenity, or transport and highway safety, landscaping, drainage, archaeology, biodiversity and refuse.

Contributions for education provision and affordable housing are sought by legal agr