EAST AYRSHIRE COUNCIL SPECIAL PLANNING COMMITTEE: 26 JANUARY 2018 17/0865/PPP: MIXED-USE DEVELOPMENT COMPRISING ENTERPRISE & INNOVATION CENTRE; LIVE/WORK STUDIO; URBAN WAVE/SURF LEISURE SWIMMING POOL (INCLUDING CHILDREN'S INNOVATION HUB NURSERY); (CLASS 11); LIGHT MANUFACTURING (CLASS 5/6); OFFICE (CLASS 4); ANCILLARY RETAIL (CLASS 1); FOOD & DRINK (CLASS 3); RESIDENTIAL AFFORDABLE HOUSING (33.3% QUOTIENT); RENEWABLE ENERGY CENTRE; PLACE OF WORSHIP (CLASS 10); SUSTAINABLE DISTRICT HEATING NETWORK (GEOTHERMAL DEEP WELL TECHNOLOGY); URBAN PARK/LANDSCAPING; ROAD & INFRASTRUCTURE IMPROVEMENTS. AT LAND AT BALMORAL ROAD HILL STREET WITCH ROAD BALMORAL ROAD KILMARNOCK EAST AYRSHIRE BY THE KLIN GROUP Report by Head of Planning and Economic Development Economy and Skills Click for Application Details: .. http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=O WIR3KGFKER00 EXECUTIVE SUMMARY SHEET PURPOSE OF REPORT 1. The purpose of this report is to present for determination an application for Planning Permission in Principle which is to be considered by the Planning Committee under the Scheme of Delegation as it is a major development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, which would require to be determined by Planning Committee. 2. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Development Plan noting that the application site is allocated as a site for mixed use redevelopment. RECOMMENDATION 3 It is recommended that the application be approved subject to the conditions listed on the attached sheet, subject to the agreement of a legal agreement under section 75 of the Town and County Planning (Scotland) Act 1997, as amended, and that such agreement be delegated to officers to conclude prior to the release of any decision notice (unless information is received which negates the need for the agreement – ice where a developer demonstrates that a development would have exceptional development costs, overriding economic, social or other benefits, and where there is no adverse impact on essential services or infrastructure). CONTRARY DECISION NOTE 4 Should the Committee agree that the application be refused on principle contrary to the recommendation of the Head of Planning and Economic Development the application will require to be referred to the Council because that would represent a significant departure from the local development plan. Michael Keane Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority. This map is published by the permission of Ordnance Survey for the internal business use only. No further copies can be made. © Crown copyright. All Rights Reserved. East Ayrshire Council OS Licence No. 10023409 (2010) EAST AYRSHIRE COUNCIL SPECIAL PLANNING COMMITTEE: 26 JANUARY 2018 17/0865/PPP: MIXED-USE DEVELOPMENT COMPRISING ENTERPRISE & INNOVATION CENTRE; LIVE/WORK STUDIO; URBAN WAVE/SURF LEISURE SWIMMING POOL (INCLUDING CHILDREN'S INNOVATION HUB NURSERY); (CLASS 11); LIGHT MANUFACTURING (CLASS 5/6); OFFICE (CLASS 4); ANCILLARY RETAIL (CLASS 1); FOOD & DRINK (CLASS 3); RESIDENTIAL AFFORDABLE HOUSING (33.3% QUOTIENT); RENEWABLE ENERGY CENTRE; PLACE OF WORSHIP (CLASS 10); SUSTAINABLE DISTRICT HEATING NETWORK (GEOTHERMAL DEEP WELL TECHNOLOGY); URBAN PARK/LANDSCAPING; ROAD & INFRASTRUCTURE IMPROVEMENTS. AT LAND AT BALMORAL ROAD HILL STREET WITCH ROAD BALMORAL ROAD KILMARNOCK EAST AYRSHIRE BY THE KLIN GROUP Report by Head of Planning and Economic Development Economy and Skills PURPOSE OF REPORT 1. The purpose of this report is to present for determination an application for Planning Permission in Principle which is to be considered by the Planning Committee under the Scheme of Delegation as it is a major development, in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, which would require to be determined by Planning Committee. 2. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Development Plan noting that the application site is allocated as a site for mixed use redevelopment. APPLICATION DETAILS 3. Site Description: The site extends to some 9.3118 hectares and comprises the remainder of the former Diageo whisky bottling plant which closed in 2012. The Ayrshire College Kilmarnock Campus has been built on part of the original site, to the south of the application site. The site is located to the north west of Kilmarnock town centre and on the northern side of the Glasgow/Kilmarnock railway and station. 4. The site is split into two distinct areas segregated by Balmoral Road. For ease of reference these two portions of land will be referred to the “northern” and “southern” portions. The northern portion extends to some 4.048 hectares and lies on the north side of Balmoral Road. It has industrial land uses and buildings to the west, north and south, with limited residential development to the east. The site is relatively flat and was historically utilised as a football field and car park for the staff for the bottling plant. 5. The southern portion extends to some 5.2638 hectares and is roughly rectangular in shape with a finger of land abutting the railway line in the south west corner. The portion is bounded by Balmoral Road to the north, Hill Street to the east and the Ayrshire College vehicular access road on the southern boundary. This part of the site has industrial/storage buildings to the west and the railway line to the south west. All of the former Diageo buildings have been removed and the site re-graded. This site slopes with a differential in height of some 9 metres between Balmoral Road (the high point) and the Ayrshire College access road. 6. Proposed Development: The proposal is for planning permission in principle for a number of mixed uses. The application is supported by various technical information, including:- Ground Investigation Report; Economic Impact Assessment; Transport Assessment; Noise Impact assessment Drainage Statement; Design and access Masterplan; Ecological Appraisal; Renewable Energy Statement; and Pre-application Consultation Report. 7. The pre-application report details that a Proposal of Application Notice (PAN) was submitted on 7th April 2017. The public event was thereafter held between 2.00 p.m. and 7.00 p.m. on Thursday 29 June 2017 at the Partnership Room, Ayrshire College, Hill Street. The event was advertised in the Kilmarnock Standard, Ayrshire Post and Irvine Herald. Councillors, MP and MSP were invited to the event, and all adjoining proprietors were notified by letter. The pre-application report also details the comments made by the attendees, of which overall t the applicants noted the engagement exercise was worthwhile and productive as it has permitted the proposed Masterplan to be augmented and adjusted where appropriate, and the process, generally allowed clarification on other issues. 8. The applicants note it is their vision to provide, through the Halo development, an Enterprise and Innovation Centre which will stimulate digital learning, inspire innovative thinking and provide an environment conducive to spin-out, new-start and growing businesses. A Fashion Foundry for small businesses, making and selling fashion-wear, will provide training in tailoring and other skills essential to the fashion industry. A Children’s Innovation Centre will engage with young people of all ages, from nursery through to higher education, working in partnership with local schools, colleges and universities. Additionally, leisure and community amenities will include a wave surf water feature built to Olympic training standards, as well as a skateboard park and other activity areas for all ages. Also, the Halo development will be served by an on- site low carbon District Heating Network that also will serve neighbouring communities. 9. Overall, the development proposes to supply 140 mid-market houses and 70 socially rented homes for key workers and live/work studios. The northern portion of land will be mainly residential with one of the innovation ‘hubs’, and the southern portion of land has a mix of work/live units will be centred around the more mixed uses of the development, including the other innovation ‘hub’. CONSULTATIONS AND ISSUES RAISED 10 East Ayrshire Council Environmental Health Service (EHS) noted that within the Noise Impact Assessment (NIA) submitted in support of the planning application, results of the noise model showed that the area north of Balmoral Road, (earmarked predominantly for residential use) is dominated by distant road traffic noise from Western Road. Noise levels in this area are unlikely to exceed 53 dB during the daytime and 45 dB at night, therefore the area is considered to be suitable for residential development. The area of land south of Balmoral Road is dominated by noise from the David Ogilvie Engineering site and Hill Street. Noise from the railway line was considered insignificant, whereas noise from Balmoral Road added to the noise climate. The industrial NIA in line with BS4142 indicated that noise from the David Ogilvie Engineering site is likely to have a significant impact on the nearby proposed residential dwellings.