Land at Balmoral Road, Hill Street

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

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

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. Even with the erection of an acoustic barrier around the site, it is considered that the impact may still be great enough to cause complaints.

11. In summary on noise issues, Environmental Health Service agreed with the conclusions, in particular the NIA recommendations in para. 9.7, (i.e. that the residential area east of David Ogilvie Engineering be carefully planned so that habitable rooms do not front directly onto the industrial site, i.e. dwellings can be constructed so they are ‘gable-on’ to the site. Furthermore, it is recommended that the industrial site be screened by erecting a 2.5m high acoustic barrier). EHS however, recommend that any acoustic barrier be constructed using an earth bund of the height described with associated planting to soften the visual impact of the bund. EHS noted that the noise mitigation effects of an acoustic fence would be reliant on ongoing maintenance of the fence, which may be problematic once the development is ongoing.

Such matters can be addressed through suitable planning conditions. Given the importance of such a barrier, it would be appropriate to condition any approval for this development to require construction of the acoustic barrier prior to the occupation of any housing, as well as the maintenance regime.

12. With regard to Air Quality Management, EHS noted that an Air Quality Impact Assessment (AQIA) hadn’t been carried out, but this could be a detailed matter which could be covered by a planning condition to ensure said report is carried out and submitted prior to any subsequent detailed planning application, so that such matters can be taken account of in the detailed design.

As above, the submission of an AQIA can be addressed through suitable planning conditions, and be timed at the earliest opportunity to ensure that any site layout reflects its mitigation.

13. East Ayrshire Council Environmental Health Service (Contaminated Land) advise that having perused the Johnson Poole & Bloomer Ground Investigation Report (February 2017) for the Halo development, the recommendations in the report to deal with the soil contamination at this location are acceptable to this department as suitable measures to render the site fit for purpose. The applicant is now required to submit a Remediation Strategy for approval, detailing the proposed actions which will be undertaken to ensure the site is fit for the use proposed. If the Remedial Strategy is approved then the remedial works can be carried out at the site. On completion of the remedial works a Completion Report must be supplied which should include validation and verification that the remedial measures have been carried out in accordance with the report recommendations.

As above, such matters can be addressed through suitable planning conditions.

14. Ayrshire Roads Alliance (Transport Assessments) noted in respect of the transport implications, the Masterplan, represent a robust assessment of the proposed uses on the development site for transportation analysis purposes. Thereafter, the Transport Assessment (TA) considers the impact of the proposed development on the local road network and assesses the potential for minimising private car usage by promoting a modal shift towards sustainable transport. Accordingly a full appraisal of existing public transport, walking and cycling facilities has been carried out as part of the TA.

15. The development will access the wider road network from Balmoral Road and from an extension of the existing Ayrshire College access road to Hill Street. At the Balmoral Road end, the Balmoral Road and Witch Road Junctions with Hill Street are closely spaced and would not easily accommodate the total additional trips likely to be associated with the complete Masterplan proposal. It is proposed to replace these existing priority junctions with a single large roundabout that will incorporate both junctions to improve access to the site and increase vehicular capacity.

16. Whilst the development road network will allow through movement of vehicles from Balmoral Road to Hill Street, for analysis purposes the TA proposes that the northern portions of the site will be accessed from Balmoral Road with the southern area accessed via the existing Ayrshire College access road. This is considered acceptable. Further detailed proposals of the internal roads must also provide for high quality pedestrian and cycling infrastructure to promote active travel throughout the development.

17. ARA also advised during scoping discussions that improved pedestrian and cycle links along Hill Street and Garden Street should be provided to improve connectivity to the railway station and the town centre. To achieve this, the TA proposes a traffic management alteration which would make Hill Street one-way in a southbound direction from the entrance to Mount Pleasant Way. Hill Street would remain two-way between the access to Mount Pleasant Way and Witch Road. This arrangement is shown on Drawing 16022-SK-11 submitted as part of the TA. This layout would allow public realm improvement works to extend along Garden Street through the northbound railway viaduct, continuing on carriageway as far north as the Mount Pleasant Way access before reverting on to the existing improved footway in front of the main College access. Northbound traffic to the development site and Ayrshire College would require to divert via West George Street, Portland Street, Wellington Street and Witch Rd.

18. The sustainable transport analysis investigated within the TA demonstrates that the development is easily accessible by foot, bicycle and by public transport, thereby minimising the need for travel by private car. The development would create and enhance existing links to local facilities and is capable of integration into the walking and cycling network in the area.

Noted, as this application is in principle only, the above matters represent an indication of the strategic issues arising from the wider transport implications of the proposal.

19. On a more detailed level of analysis, no separate travel plan information or draft travel plan framework has been provided within the TA. As the various elements of the Masterplan come forward for full planning consent, either individually or collectively, a Travel Plan associated with the relevant portion of the development will be required.

20 Also, Access to the proposed development will be provided by two main access points. These are the Ayrshire College access road/Hill Street junction and the Balmoral Rd/ Hill Street Junction.

21. The Balmoral Rd/Hill Street junction in its present form is likely to be able to accommodate a first phase of development incorporating units which in the main are more likely to be accessed from the southern part of the site. For phasing purposes, Phase One would therefore not be allowed to exceed the following level of development:

 Residential Units 70 No.  Live/Work Units 10 No.  Innovation Hub 5000 Sq metres.  Leisure Facility 3500 Sq metres.

22. Thereafter, the Balmoral Rd/Hill St junction would require to be upgraded in conjunction with the Witch Rd/Hill St junction to provide a single large compound roundabout as indicated on the DBA drawing 16022-SK-12. Full Road Construction Consent (RCC) approvals will be required.

23. The details of the proposed internal development layout must provide high quality pedestrian and cycling infrastructure. A potential one-way system on a length of Hill St and Garden St in its entirety will be further investigated by the applicant in association with ARA. The Order Consultation exercise and all preparation would be carried out by ARA with costs recharged to the developer. Provided the Order received approval, implementation would be required at a similar time to the roundabout in paragraph 22 above, and prior to any further development associated with Phase 2 of the Masterplan. This arrangement, as indicated on the DBA drawing 16022-SK-11, would allow the town centre public realm improvement works to extend towards the development.

24. The Kilmaurs Rd/Hill St/Western Rd Roundabout will require to be upgraded as indicated on the DBA drawing 16022-SK-10 and be completed prior to any of Phase 1 of the proposed development becoming operational. As the works are mainly within the existing junction footprint RCC will not be required, however Section 56 approvals will be necessary and all drawings must be approved before upgrade work commences.

25. The Witch Rd/Dean Rd/Wellington St traffic signals will require to be upgraded as indicated on the DBA drawing 16022-SK-09. As for paragraph 24. above, this work will require to be complete prior to any of Phase 1 of the proposed development becoming operational. As the works are mainly within the existing junction footprint RCC will not be required, however Section 56 Approvals will be necessary and all drawings associated with the proposals must be separately approved before upgrade works commence.

26. All elements of the development proposal coming forward for full Planning or for discharge of PPP conditions must satisfy the parking requirements of the Ayrshire Roads Alliance in accordance with the Roads Development Guide, SCOTS and the SPP to allow further consent to be granted or relevant conditions to be discharged.

27. As the various commercial elements of the development proposal come forward for full Planning or for discharge of PPP conditions, a suitable Travel Plan that adequately addresses and advises on likely travel plan issues or concerns must be submitted for approval.

Noted, as this application is in principle only, such matters would be able to be covered by planning condition to ensure any subsequent detailed application is informed accordingly, should Members decide to grant consent.

28. East Ayrshire Council Ayrshire Roads Alliance (Flooding) advised the provided drainage statement is sufficient for the current state of the application, specifically the section which describes the attenuation and flood routing, and shows sufficient intent at this stage provided that prior to granting of any Road Construction Consent (RCC) the applicant shall provide and have approved a Drainage Impact Assessment/ Surface Water Management Plan which will demonstrate how the surface water is to be dealt with such that no property on the site or off the site is put at risk demonstrate how the 1:200 yr rainfall event would be routed through the site to the attenuation.

Should Members decide to grant the application, this can be made the subject of a suitable planning condition subject to a suitable planning condition, which given the Chief Planner’s letter of 18/01/16, on aligning planning consents and RCCs, can be prior to the commencement of development, which will service both purposes.

29. The Coal Authority (CA) initially objected as they needed more info on a number of mine entries in or adjacent to site, which on receipt, they noted the Mine Shaft Probe Drilling Report which accompanies the planning application confirms that shaft 242638-012 has been located and that shaft 242638-014 is outwith the planning boundary. The Coal Authority thereafter were able to withdraw their objection subject to the Planning Authority imposing a suitable to condition to ensure remediation and that any subsequent future development layout is designed accordingly.

Noted, this can be covered by a suitable planning condition should Members decide to grant consent.

30. sportscotland noted that there is a full size grass pitch at the development site. The planning application states that this has been disused for a number of years and was provided for private use only of employees of the former bottling plant. For a short term it is understood that Kilmarnock Balmoral Boys FC was also permitted access for training purposes. The Council has stated that the pitch has not been used for some 15 years. From correspondence with the Council/Vibrant Communities it is understood the Balmoral Boys FC are no longer active and haven’t been since at least 2012. sportscotland also consulted with the Scottish Football Association (SFA) who advise this was a small Kilmarnock Club which they also have no trace of in recent seasons. The submitted planning statement refers to the new full size synthetic pitch provided as part of the Kilmarnock College development, 300m to the south of the application site, effectively replacing the full size grass pitch to be lost at Balmoral Road. Whilst some time has lapsed between the land parcels of the wider masterplan area coming forward for development, synthetic surfaces provide greater playing capacity than grass therefore the development of a 3G pitch in place of a grass pitch will effectively increase playing capacity in a local area. The Council has confirmed the College pitch is available for community use and bookable by clubs.

sportscotland also noted that the SFA are of the view that recent facility developments in Kilmarnock driven by clubs and school estate pitches mean that provision of training and match venues meets demand in the area. It is considered, therefore, that the site could be developed without detriment to the overall quality of provision and sportscotland confirmed they have no objection to the proposal, subject to the Council and other organisations being comfortable that the current facilities meet the existing demand. Vibrant Communities have advised that this is the case.

31. Scottish Water has no objection to this planning application; however, the applicant should be aware that this does not confirm that the proposed development can currently be serviced and advises that further investigations may be required to be carried out once a formal application has been submitted to them.

32. Network Rail (NR) has no issues with the principle of the proposed development, NR would have to object to the proposal unless conditions were attached to the planning permission, if the Council is minded to grant the application, on a suitable trespass proof fence of at least 1.8 metres in height adjacent to Network Rail’s boundary (and provision for the fence’s future maintenance); surface or foul water arising from the development must be collected and diverted away from Network Rail Property, with Sustainable Urban Drainage Scheme not be sited within 10 metres of the railway boundary; and a Noise Impact Assessment (NIA) to be submitted to and approved in writing by the Planning Authority.

Noted, these issues can be covered by suitable planning conditions, should Members decide to grant consent. With regard to the NIA, NR were consulted and were satisfied with how the railway noise was assessed.

33. Scottish Environment Protection Agency (SEPA) ask that the planning conditions regarding the submission of a Site Waste Management Plan and details of the installation of construction phase SUDS be conditionally attached to any consent, otherwise their response is to be treated as an objection.

Noted, these issues can also be covered by suitable planning conditions, should Members decide to grant consent.

34. Scottish Power Energy Networks advised they have no objections but do have apparatus in the area.

An advisory note can be added to any grant of consent to ensure the applicant is advised of this.

35. East Ayrshire Council Outdoor Services have not responded to the consultation.

36. East Ayrshire Council (Countryside Access Officer) has not responded to the consultation.

37. Scotland Gas Networks has not responded to the consultation.

38. The Scottish Wildlife Trust has not responded to the consultation.

REPRESENTATIONS

39. No letters of representation were received. Both systems of IDOX and UNIFORM were checked 12/01/18.

ASSESSMENT AGAINST DEVELOPMENT PLAN

40. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan comprises of four separate plans. These are the Opencast Coal Subject Plan 2003, the Ayrshire Joint Structure Plan 2007, the East Ayrshire Local Plan 2010 and the East Ayrshire Local Development Plan (EALDP) which was adopted by the Council on 3 April 2017. The topics contained in the Structure and Local Plans are superseded by the EALDP with the exception of policies relating to minerals. On this basis, the policies relevant to general development are contained solely within the EALDP and it is these policies which are considered in detail below.

41. The principle of the development

The current application site is contained within two identified development opportunity sites. These are:

42. Kilmarnock 11

The Council will encourage the development of the site (330M) for residential, business and industry or leisure and cultural development. Three notes are added to the allocation: (i) A Transport Assessment will be required in respect of any detailed development proposal. (ii) Contact should be made with the flooding officer at the Ayrshire Roads Alliance, as a review of the 1 in 200 year flood map has shown there may be flooding issues on the site. This should be investigated further (iii) The Council will require the developer to provide the mitigation and/or enhancement measures contained within the Environmental Report for the site.

43. Kilmarnock 13

The proposed site is contained within development opportunity site 371M. The LDP supports and encourages the use of the site for educational, community, business, leisure, food and drink and small scale retail use and for a care home, crèche/nursery, public house and hotel. Three notes are added to the allocation specifically:

(i) Contact should be made with the flooding officer at the Ayrshire Roads Alliance, as a review of the 1 in 200 year flood map has shown there may be flooding issues on the site. (ii) A Transport Assessment will be required in respect of any detailed development proposal. (iii) The developer will be required to investigate the provision of a secondary access onto Western Road.

44. The proposed application takes up both sites 330M and 371M, taking a Masterplan approach to the entirety of what was the former Johnnie Walker bottling plant site. This is a prime brownfield regeneration site on the edge of Kilmarnock town centre, adjacent to the recently completed Ayrshire College. Similar to the LDP approach, the Masterplan considers the site as two portions, the northern portion and the southern portion. The northern portion broadly aligns with site 330M, whilst the southern portion is contained within LDP site 371M.

45. Within the northern portion of the site, the application proposes:

 140 Residential units, comprising a mix of mid-market and socially rented houses;  A speculative office development, with associated car parking;  9 live/work units and associated car parking  A lorry park, for the adjoining existing facility.

It is considered that the principle of each of these uses is in accordance with the site allocation 330M. The principle of this element of the proposal is therefore supported by the LDP.

In terms of the notes attached to the Policy, a Transport Assessment has been submitted as part of the application and is acceptable to the Ayrshire Roads Alliance. With specific reference to site 330M, the Environmental Report that supports the LDP requires that any developer of this site should fully investigate the flooding issues and should contact SEPA to formulate any flood mitigation measures that may be required. The Council’s Flood Officer and SEPA, in relation to the flood risk also find the proposal acceptable subject to the imposition of suitable planning conditions.

46. Within the southern portion of the site, the application proposes:

 An urban water sports centre, also containing a children’s innovation hub/nursery;  An enterprise and innovation centre;  70 mid-market rental residential units;  17 live/work studios;  Urban park and market square;  A district heating network, including a geothermal solution that uses deep well technology;  A religious facility; and  Small scale retail units and food and drink.

The majority of the proposed uses are in accordance with the site allocation 371M, which supports a wide range of uses. However, the allocation does not support residential use. The residential element is therefore assessed below against the other relevant policies of the LDP. Similarly, the site designation does not specifically support the district heating element of the proposal; therefore the application is assessed below against RE2.

As per the notes attached to 330M, it should be ensured that the Transport Assessment (TA) meets the requirements of ARA and that both the Council’s Flooding Officer and SEPA are content with the proposal. In terms of the link to Western Road, the Transport Assessment indicates that this link has been investigated, but that it has been considered unfeasible due to the presence of existing properties and other land ownership constraints. In addition, it is noted that there is an existing pedestrian and cycle route through to Western Road that will be maintained. It is considered, in the TA, that the improved site access arrangements, in terms of the insertion of a single roundabout connecting Hill Street, Witch Road and Balmoral Road, would be more attractive to development traffic.

47. Overarching Policy OP1 notes that all development proposals will require to meet the following criteria in so far as they are relevant, or otherwise demonstrate how their contribution to sustainable development in the context of the subsequent relevant policies in the LDP and Scottish Planning Policy would outweigh any lack of consistency with the relevant criteria:

(i) Comply with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non-statutory guidance;

This point cannot be assessed fully, with this application being in principle (PPP) only. Should Members grant consent, any subsequent application would require to be assessed against this Policy. At this PPP level, however the proposal accords with the spatial strategy of the LDP under the following terms: -

 directing development to accessible locations to reduce the overall need to travel;

 identifying development opportunities in locations with the infrastructure and landscape capacity to accommodate them;

 identifying opportunities for renewable energy development; and

 giving priority to the reuse of brownfield land and buildings,

noting of particular relevance to this application, criterion (i) which requires developments to comply with the vision and spatial strategy of the Plan. The LDP vision for Kilmarnock is that it will remain East Ayrshire’s location for major development, assisted by the successful redevelopment of the former Diageo site. The current application would involve the redevelopment of the remainder of the Diageo site, for a range of uses, incorporating a significant degree of innovation and resulting in a unique development for Kilmarnock and beyond. The development of this site is crucial for the regeneration and economic positioning of Kilmarnock and is critical for meeting the LDP vision for the town.

(ii) Be fully compatible with surrounding established uses and have no unacceptable impacts on the environmental quality of the area;

As above, whilst there are no detailed plans to assess, in principle this proposal for mixed-use development, should not impact significantly on the adjacent uses, these also being residential in nature, subject to a detailed design at any subsequent planning stage. The applicants have supplied Noise Impact Assessment to inform how the detailed design is developed, and this should ensure that any detailed design of the overall site is planned to ensure there will be unacceptable impacts on surrounding uses.

(iii) Ensure that the size, scale, layout, and design enhances the character and amenity of the area and creates a clear sense of place;

As noted above, there are no detailed plans to assess this element, which would be assessed in any subsequent application. However the Masterplan already provided shows a commitment by the applicant to a considered and iterative approach to the development of the site in terms of creating a clear sense of place.

(iv) Where possible, reuse vacant previously developed land in preference to greenfield land;

The site is brownfield and therefore fully accords with this part of the Policy.

(v) Be of the highest quality design by meeting with the provisions of SPP, the Scottish Government’s policy statement Designing Streets, the Council’s Design Guidance and any Masterplan/design brief prepared for the site;

As noted above, there are no detailed plans to assess this element, which would be assessed in any subsequent application.

(vi) Prepare Masterplans/Design Statements in line with Planning Advice Notes 83 and 68 respectively where requested by the Council and/or where this is set out as a requirement in Volume 2 of the LDP;

A Masterplan has been submitted with the application, noting key considerations of topography and landscape; and noise and design considerations. The Masterplan for the site includes at its core an urban park and market square, which will incorporate a public park, outdoor performance/events space and space for urban sports. In addition to this park, the Masterplan shows other pockets of green open space, which appear to be proposed as amenity landscaping, generally formed as linear strips of green space. Should Members approve this application, a more detailed site Masterplan which creates a distinct place, in accordance with the Scottish Government’s Designing Streets Policy statement and the green infrastructure/open space standards as set out in Schedule 8 of the East Ayrshire LDP, would be the subject of a planning condition for the subsequent application.

(vii) Be compatible with, and where possible implement, projects shown on the LDP placemaking maps;

Within the LDP, the site is noted in the placemaking maps as being suitable for a mixed opportunity site, with an active street frontage onto Hill Street, therefore accords with this element of the Policy.

(viii) Ensure that there is no unacceptable loss of safeguarded areas of open space/green infrastructure and prime quality agricultural land;

There is no loss of safeguarded areas of open space/green infrastructure, and the proposal accords with this element of the Policy.

(ix) Protect and enhance natural and built heritage designations and link to and integrate with green infrastructure where possible;

There are no natural and built heritage designations in the immediate vicinity. The proposal therefore accords with this element of the Policy.

(x) Ensure that there are no unacceptable impacts on the landscape character or tourism offer of the area;

The proposal if granted would increase the tourism offer of the area; and therefore accords with this element of the Policy.

(xi) Meet with the requirements of all relevant service providers and the Ayrshire Roads Alliance; and

Subject to appropriate planning conditions, there are no outstanding issues in terms of the relevant service providers and the ARA.

(xii) Be accessible to all.

The application is also accompanied by a Design and Access Statement, noting that the strategic design has included accessibility issues, which will be further assessed at any detailed stage, in consultation with the Council’s Inclusive Design advisor, should Members decide to grant consent. It is noted that there is no obligation to provide a Design and Access Statement with an application for Planning Permission in Principle.

48. Overarching Policy OP2 details the implementation of the Strategic Environmental Assessment (SEA)/Environmental Report, and states that in bringing forward their proposals, developers will require to implement the relevant enhancement and mitigation measures contained within the Environmental Report relating to the appropriate site assessments for residential, business and industrial, retail and other LDP site allocations. Proposals failing to do this will not be supported by the Council.

In terms of Policy OP2, the proposed development has been assessed against the Environmental Report of the Proposed Local Development Plan for site 330M. In terms of the mitigation measures contained with the Environmental Report, which Policy OP2 requires the applicant to address (flooding issues), it is considered that the applicant has incorporated all of these mitigation measures as far as can be reasonably expected. No additional mitigation was suggested for site 371M. The proposal is therefore consistent with Policy OP2 at this stage.

49. Policy RES1: New Housing Development states that:- (i) Housing Development Opportunity Sites identified for housing purposes on the LDP maps at the stated indicative capacities. All new residential developments must contribute positively to the principles of good placemaking as set out in overarching Policy OP1, the placemaking sections of the LDP and the Councils Design Guidance. Residential developments will require to meet with Public and Private Open Space Standards set out in schedule 8 of the LDP.

The placemaking map for Kilmarnock addresses the former Johnnie Walker site, and highlights the importance of:

• An active street frontage on Hill Street; and • Road and pedestrian links to Western Road.

The active street frontage on Hill Street, is critical in building on the success of the College and connecting the site into the town centre. The Design and Access statement, confirms that the innovation centre element will be directly accessed from Hill Street. In terms of the other key element on Hill Street, the water sports centre, it is unclear what form its Hill Street frontage will take. Given that leisure developments, by their nature often seem to have relatively restrained facades, in this case, it should be ensured that the design and orientation of the building offers a degree of interest and activity on Hill Street. As indicated previously, the Masterplan does not offer a vehicular access through to Western Road. This should be fully explored with ARA to ensure that junction at Hill Street/Witch Road/Balmoral Road offers an acceptable solution. The current pedestrian / cycle link to Western Road should be maintained and, if possible, enhanced.

Policy RES1 also requires that proposals should meet the public and private open space standards set out in Schedule 8 of the LDP. An assessment against Schedule 8 is set out below in respect of Policy INF4.

50. Policy RES 3: Affordable Housing illustrates the Council’s view on the provision of affordable housing. This notes that the Council will require such provision:-

(i) on those sites specifically identified and reserved for such purposes on the LDP maps;

The site is not an identified site for housing.

(ii) on all sites of 30 or more houses proposed in the Kilmarnock & Loudoun sub housing market area. Within such developments, 25% of houses will require to be affordable in nature;

Policy RES 3 requires that on all sites of 30 or more houses proposed within the Kilmarnock and Loudoun area, 25% of houses will require to be affordable in nature. The current application proposes 210 residential units of which 70 will be for social rent (33%) and 140 (67%) will be for mid-market rent. The application therefore exceeds the requirements of RES3. An agreement to provide this at the detailed application stage can be included as a condition attached to a potential consent should Members decide to grant consent.

51. Policy RES 11: Residential Amenity notes that the Council will, at all times, seek to protect, preserve and enhance the residential character and amenity of existing residential areas. In this regard, there will be a general presumption against:

(i) the establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents;

The proposed uses are sufficiently distant from the residential units nearby and should not give rise to any significant issues in terms of the adjacent residential amenity. There will be a level of activity emanating from various uses on the southern portion of the site, however, it is anticipated this will be less disruptive than the former bottling plant operations, as albeit the future use of the site will be more public in nature, the proposed uses will not be subject to the same shift patterns as previously experienced (in terms of traffic activity, noise, movement etc. at peak periods).

(ii) the development for other uses, of locally important areas of recreational or amenity open space which contribute significantly to the character and appearance of the residential area concerned, or which offer opportunities for outdoor sport and recreation;

There are no such locally important areas of recreational or amenity open space within the site.

(iii) the removal of play equipment from areas of recreational open space;

N/A.

(iv) the closure or disruption of existing footpaths which provide important links between housing areas and areas of public open space, local shops and other community facilities, transportation nodes etc.;

N/A; however the site generally will provide much improved permeability and the new street pattern will allow for pedestrian movement and activity.

With regard to the establishment of new residential areas, new housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents.

As noted above, the areas of proposed residential use have been assessed in terms of the existing commercial uses and no significant issues in terms of the adjacent residential amenity are anticipated.

52. Policy RE2: Heat Generation indicates how the Council’s will support developments associated with the renewable generation of heat. Where non-renewable generation of heat is proposed, the Council will support these developments only where greenhouse gas emissions are significantly reduced, form part of a carbon capture development or where the applicant can demonstrate plans for conversion to renewable or low carbon sources of heat in the future. The Council will also be supportive of the provision of energy centres, where appropriate, within new development.

Policy RE2 supports the development of district heat networks and the provision of energy centres, where appropriate, within new developments. In respect of the current proposal, which combines a range of heat generating and demand uses, the proposal for a district heating network for the site is fully supported in principle by RE2. In addition, the proposed development of a deep geothermal single well solution (submitted under a separate application, given the technical nature and time constraints required for the consultees to fully investigate such issues) represents an innovative approach to energy generation, which is fully supported by RE2.

53. Policy TC2: Footfall generating uses outside of town centres notes that the Council will promote town centres as the prime locations for footfall generating developments, (Class 1 Shops; Class 2 financial and professional services; Class 3 Food and Drink; Class 7 Hotels and Hostels; Class 10 Non-residential institutions; Class 11 Assembly and Leisure; and Sui Generis Theatres, amusements centres, pubs, hot food takeaways). Proposals for new or expanded footfall generating developments outwith town centres will be supported only where they meet with the provisions of Policy TC3 (Small scale retail development in out of centre locations), or when the following criteria can be addressed.

Whilst the application as currently submitted is in principle only, the uses proposed could be acceptable subject to any detailed application being lodged with the appropriate retail analysis to ensure that the proposed uses do not impact on town centre trading.

54. Policy TC5: Improving town centre environments indicates the Councils vision to improve the overall environment of all town centres in the Council area. In this, The Council will actively encourage and support the upgrading and improvement of existing town centre environments. Proposals that provide improvements to the streetscape, public realm, green networks and condition and appearance of existing properties will be supported. The Council will support large scale public realm, transport and redevelopment interventions that will help to re-establish town centres as the focal point for commercial and community activities. In particular, interventions that are proposed in the Placemaking section of the LDP will be supported.

The part of the former bottling plant site that was re-developed as the Ayrshire College, was developed in accordance with a way-marking scheme that improved signage from the town centre to the College to allow for better pedestrian movement, and in this respect, it is anticipated that any subsequent application could employ a similar approach to encourage links to and from the town centre, helping both town centre businesses and the uses proposed within the development site also.

55. Policy TC6: Food and Drink, Public houses, licensed clubs and hot food takeaways notes that these types of uses will be directed to town centres.

Whilst the majority of such uses will be directed to town centres, in some instances, a case may be made for standalone estabishments, ususally serving local needs in local centres. This application has proposed Class 3 Food and Drink use within the overall development, however, given the incline and distance involved between the site and the town centre boundary, it is not considered that an establishment for Food and Drink within the site will have any significant detrimental effect on town centre trading.

56. Policy IND 4 notes that within mixed use sites, proposals for redevelopment in identified sites for Mixed Use, will be acceptable to the Council where they meet all of the following criteria:

(i) The site is primarily developed for business and industrial development;

(ii) All uses proposed on the site are compatible with each other;

(iii) A comprehensive master plan has been submitted for the site, including a detailed development and/ or design brief;

(iv) The developer has submitted a business plan detailing how the enabling development cross-funds the business and industrial development on the site; and

(v) The proposed development of the site complies with all other relevant LDP policies.

The proposal as presented represents a reasonable degree of business and industrial uses, albeit the application also proposes 210 residential units. Whilst not entirely in the town centre living boundary, the site is adjacent and it is considered that the site is in close enough proximity to promote a level of housing that will be reasonably accessible to facilities in the town centre.

57. Policy T1: Transportation requirements for new developments: notes the Council will require developers to ensure that their proposals meet with all the requisite standard of the ARA and align with the regional and Local Transport Strategies. Developments which do not meet these standards will not be considered acceptable and will not receive Council Support.

ARA have confirmed that the internal road layout generally complies with their guidelines and standards at this stage, subject to the imposition of certain planning conditions.

58. Policy INF2 requires developers of new residential or business and industrial developments to install necessary infrastructure to enable all new premises to be connected to the existing fibre optic network. Premises should have a full fibre connection ensuring that next generation broadband speeds of 100 megabytes per second and above can be provided.

It is assumed that given the high profile nature of this site and the focus on high-spec innovation and business development use, that this Policy will be met via any detailed subsequent application.

59. Policy INF4 notes that the Council will require development to take a design led approach to delivering green infrastructure. Opportunities for green infrastructure delivery should be incorporated as an integral part of the design of developments to enhance and link to existing open spaces/green infrastructure and create new green infrastructure assets as appropriate. The Council will require new development to meet with the public and private open space standards set out in Schedule 8 and the provisions of the Council’s Design Guidance. The provision of open space/green infrastructure should be a core component of any Masterplan.

In terms of public open space, the requirement is broken down into (i) amenity open space and (ii) recreational open space. The requirement for the proposed site is:

Residential 63 sum of recreational open space per household -13,230 sqm 20 sqm of amenity open space per household - 4,200 sqm

Open space is also required for (i) retail and leisure; (ii) business and; (iii) industry and distribution where more than 10,000 sqm of floorspace is proposed or where the site area is in excess of 5 hectares for the individual components. Looking at the individual uses, the floorspace associated with any of these individual elements is not over 10,000 sqm (or the hectarage over 5 ha), therefore, strictly speaking the open space requirements do not apply. However, taken together these elements of the site equate to approximately 12,000 sqm (albeit that this is very approximate, based on the Masterplan and information contained within the design and access statement). It is therefore considered that, in taking a positive green infrastructure approach to the site, the applicant should be asked to provide some open space in support of the non- residential elements of the proposal.

The Masterplan for the site includes at its core an urban park and market square, which will incorporate a public park, outdoor performance/events space and space for urban sports. Whilst the area of the urban park does not seem to be noted in the application documentation, it appears to measure around 5,000 sqm. In addition to this park, the Masterplan shows other pockets of green open space, which appear to be proposed as amenity landscaping, generally formed as linear strips of green space. Although difficult to make a judgement at this stage, given the lack of measurements shown on the Masterplan, it is considered unlikely that the current layout meets the open space requirements of INF4/Schedule 8. In particular, the application falls some way short of providing the level of recreational open space, the Policy requires. This should be addressed and the amount of recreational open space increased accordingly. Whilst Schedule 8 does allow for some flexibility, which may be appropriate given the location and nature of this development, any such relaxation should be fully justified. Furthermore, it should be ensured that aside from the urban park, other areas of open space that are shown as part of the Masterplan have a useable function and are not simply areas of structural landscaping.

Schedule 8 also contains standards for Private Residential Open Space to ensure that each housing unit has adequate seclusion and privacy for residents. The full breakdown of house types and sizes is not yet known at this stage. It should be noted that in order to meet private open space standards the following requirements should be met:

• Flats – 25 square metres per bedroom • Terraced houses – 70 square metres or 1.5 x ground area of the house (whichever is greater) • Detached and semi-detached house – 100 square metres or 1.5 x ground floor area of the house (whichever is greater)

These standards will be assessed when any detailed subsequent application is submitted.

60. Policy INF 5 concerns Developer Contributions, specifies the Council’s view of where a development of 4 or more houses, retail or commercial leisure development either on its own, or in association with existing developments, will place additional demands on facilities, infrastructure or services that would necessitate new facilities or exacerbate deficiencies in existing provision, the developer to meet or contribute to the cost of providing or improving such infrastructure, facilities or services.

The applicant would require to enter into a legal agreement to ensure developer contributions are secured against any subsequent application, dependant on the number of house units; as such matters cannot be the subject of planning conditions (unless the applicant decides to pay an upfront payment for the cost). The Council’s supplementary guidance on developer contributions provides the detail of the contributions sought and the process/formula used to derive the contribution. Relative to this application, the contribution is:

Residential contribution: Kilmarnock green infrastructure project - £124 per unit 210 x £124 = £26,040

Improvements to the one way system - £75 per unit 210 x £75 = £15,750

Commercial leisure contribution: Based on 3430 sqm floorspace and car park area of 5000 sqm (car park based on an estimated measurement taken from the Masterplan)

Apply formula – (Gross floor area + (gross external area/2)) / 400 (3430 + (5000/2)) / 400 = house unit equivalent of 15

Apply weighting factor of 0.25 15 x 0.25 = 4

Kilmarnock green infrastructure project - £124 per unit 4 x £124 = £496

Improvements to the one way system - £75 per unit 4 x £75 = £300

Total contribution required £42,586

Policy INF5 states that contributions sought can be waived or reduced in exceptional circumstances, for example, 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. In this instance, should the applicant wish to have the contribution requirements removed or reduced, the Council will consider this based on the proposed justification presented and determine accordingly. The applicant has noted they are satisfied to enter into a legal agreement for the above.

61. Policy INF7 confirms that the Council will not be supportive of the redevelopment of outdoor sports facilities, except where one of four circumstances applies: i.e. where: -

(i) the proposed development is ancillary to the principal use of the site as an outdoor sports facility; or

(ii) the proposed development involves a minor part of the outdoor sports facility which would not affect its use and potential for sport and training; or

(iii) the outdoor sports facility which would be lost as a result of the proposed development would be replaced by:  a new outdoor sports facility of comparable or greater benefit for sport and in a location which is convenient for its users; or

 the upgrading of an existing outdoor sports facility to provide a better quality facility, either within the same site or at another location which is convenient for its users and which maintains or improves the overall playing capacity in the area; or

(iv) an outdoor sports facility strategy prepared in consultation with, and approved by, SportScotland, or another relevant strategy, has demonstrated that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site in question could be developed without detriment to the overall quality of provision.

The most recent use of part of the site on Balmoral road was as a grass football pitch. Whilst no evidence has been presented to show that any of the four circumstances apply in this instance, it is understood that the football pitch has not been maintained for some 10-15 years, and that its use ceased with the closure of the former bottling plant. It is further noted that the adjoining college site contains sports pitch provision, which is publicly available and able to meet with local demand.

62. Policy WM8 encourages and supports the development of small scale centralised waste collection and mini recycling facilities within areas easily accessible to the public, including:

 Town centres and supermarket car parks;  Car parks associated with commercial leisure developments;  Industrial estates, retail, commercial, office and business locations;  Schools and other educational establishments; and  New house developments.

Given the large scale of the current proposal and the range of the uses involved, it should be ensured that appropriate waste management and recycling facilities are provided to meet the requirements of this Policy. This matter will be considered in any subsequent detailed planning application.

63. Policy ENV11 advises that the Council will take a precautionary approach to flood risk from all sources and will promote flood avoidance in the first instance. Flood storage and conveying capacity will be protected and development will be directed away from functional flood plains and undeveloped areas of medium to high flood risk. The Council will identify and protect existing land uses that provide or have the potential to provide natural flood management. The Council will also encourage new flood management measures, including flood protection schemes, restoring natural features, enhancing flood storage capacity and avoiding the construction of new culverts and the opening of existing culverts.

The application site is identified as having a medium risk of surface water flooding on the flood maps for Scotland. SEPA however have not objected on flood grounds, and ARA (Flooding) are satisfied with the strategic flood information provided, subject to a more detailed Surface Water Management Plan or Drainage Impact Assessment at any subsequent detailed planning application stage. Through planning conditions, the potential flood risk of the site will be suitably mitigated and managed.

64. Policy ENV12 concerns water, air and light and noise pollution. This notes:

Noise: All new development must take full account of any Noise Action Plan and Noise Management Areas that are in operation in the area and ensure that significant adverse noise impacts on surrounding properties and uses are avoided. A NIA may be required in this regard and noise mitigation measures may be required through planning conditions and/or Section 75 Obligations.

A NIA, including data on road and rail traffic noise, has been submitted and assessed by the Council’s Environmental Health Service, who, subject to the imposition of planning conditions, do not indicate any objections to the proposal.

Air: All developers will be required to ensure that their proposals have minimal adverse impact on air quality. Air quality assessments will be required for any proposed development which the Council considers may significantly impact upon air quality, either on its own or cumulatively. Development that will have a significant adverse impact on air quality will not be supported.

The Council’s Environmental Health Service have advised that the submission of an Air Quality Impact Assessment can be the subject of a planning condition to accompany any detailed planning application.

65. Policy ENV13 states that where a development is proposed on land which is known or suspected to be contaminated, the Council will require the developer to investigate and identify the nature of the contamination, as an integral part of any planning application.

It is noted that a ground investigation survey has been undertaken and that the Councils Contaminated Land Officer is content with the recommendations to deal with the soil contamination. Appropriate conditions are proposed to ensure the contaminated soils are dealt with in an acceptable manner.

66. Policy ENV14 requires that to meet with Section 3F of the Town and Country Planning (Scotland) Act 1997, development proposals will be required to incorporate low and zero carbon generating technologies to reduce greenhouse gas emissions. Proposals for all new buildings will require to demonstrate that at least 10% of the carbon emissions reduction standard set by the Scottish Buildings Standards will be met through the installation and operation of zero carbon generating technologies.

As noted under RE2, the application proposes the use of a district heating system, powered by an innovative geothermal solution to energy on the site, using deep well technology. This is considered an appropriate approach to ensuring the requirements of ENV14 are met (notwithstanding the deep well is subject to a separate application currently under consideration by the Planning Service).

67. Summary: the current application for a mixed use development is broadly in accordance with the two relevant allocated LDP sites; 330M and 371M. Whilst residential use is not supported by 371M, it is in accordance with Policy RES1 and is generally considered a suitable use in the context of the wider Masterplan for the site and range of other uses that will be developed. The principle of the proposed development is therefore supported by the Local Development Plan.

With reference to the other relevant LDP policies, the proposal is supported by policies RES3, RE2, OP1, INF2, WM8, ENV11 ENV13 and ENV14.

The proposal as it currently stands is contrary to Policy INF4, as although a detailed calculation of the open space proposed on the site has not been possible from the information provided, it appears clear that the layout does not meet the open space requirements of Schedule 8, particularly in terms of recreational open space. Whilst the urban park concept is considered a good design solution to the provision of open space on the site, the amount of open space provided falls short. This should be addressed by the applicant and can be covered in a subsequent planning application, this application being in principle only. Non-compliance with Policy INF4, however, does not mean the application is contrary to the Development Plan

Policy INF5 and the associated supplementary guidance, require a developer contribution to be paid, in relation to the residential and commercial leisure development.

Given that the existing provision has not been maintained for some time, it is considered that the development will not result in the loss of current provision or be detrimental to current users of sports pitches in the area, also noting that the new pitches at the Ayrshire College are currently also available to the public.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

68. The principal material considerations are the consultation responses, any appropriate National Policy; Scottish Planning Policy; applicant’s supporting information; and the planning history of the site. The Council’s Development Plan is in part more than 5 years old due to the continued status of the Coal Subject Plan, Structure and Local Plans in respect of coal and minerals. Part 33 of SPP advises that where a development plan is more than 5 years old the presumption is a significant material consideration and decision makers should also take into account any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against wider SPP policies. However, the Local Development Plan is less than five years old and it contains policies relevant to general development that are not out of date. The presumption in favour of development that contributes to sustainable development is therefore considered to be a material consideration rather than a significant material consideration.

69. Planning History 17/0001/PREAPP Mixed use development comprising Innovation and Enterprise Centre, Live/work Studio, Urban Wave Surf/Leisure (Class 11), Light Manufacturing (Class 5 + 6) Office (class 4), Ancillary Retail (Class 1) and Food and Drink (class 3), Residential (Including Mid-Market Rent and Key Worker Units), Renewable Energy Centre, Creche/Nursery (Class 10), and together with road and infrastructure improvements. Agreed 12/04/17

17/0010/EIASCR Screening opinion for mixed use development, EIA not required, 10/10/17

17/1099/PP Application for a deep geothermal single well, pending consideration.

11/0242/PPP Mixed use development inclusive of further education college, residential, care home, business, small scale retail, hotel, public house, restaurant, cafe and creche/nursery, Approved with Conditions, 23/06/11

For noting, application 11/0242/PPP was submitted by Diageo Scotland Ltd and covered the southern portion of the Halo site, with Ayrshire College site included. Consultation Responses

The consultation responses have not raised any issues which would indicate that the application should be refused, subject to appropriate conditions being attached to any potential consent.

71. Applicant’s Supporting Information

 The supporting information submitted by the applicant has been outlined in Section 2 of this report and is a material consideration in the determination of this application. There is an accompanying range of material also submitted in support of the application, such as:-

 Ground Investigation Report;  Economic Impact Assessment;  Transport Assessment;  Noise Impact assessment;  Drainage Statement;  Design and access Masterplan;  Ecological Appraisal; and  Renewable Energy Statement.

These documents all informed the application, and the level of supporting information illustrates the commitment to developing a qualitative development on site, and assists greatly in assessing the proposal at 'in principle' stage.

72. Designing Streets/Designing Places

These Scottish Government policies are based on the premise that good street design and good places should derive from an intelligent response to location, rather than the rigid application of standards. Previously, street layouts were based on hierarchy of vehicular movement, but ‘Designing Streets’ takes into account site specific requirements and through this, a higher sense of ‘place’ can be fostered, resulting in streets based less on how vehicles move through them, and more of a community function, especially in residential areas. Designing Places looks at how design can help with the social, economic and environmental goals of Scotland, focussing on key qualities such as identity; safe and pleasant spaces; and ease of movement. The Council has adopted Designing Streets as its main residential design guide until such time as new guidance is in place, however, it is noted that not all of the guidance and design in these documents are able to be maintained by the Council if roads and footways etc. are to be adopted. One of the principles of Designing Streets, is that the Roads Construction Consent (RCC) be considered in parallel with planning applications. This has been supplemented by the Chief Planner’s letter of January 2016, on ‘Aligning Planning and RCCs, which also advocates that both planning and RCC processes should be considered in tandem. Whilst the current application is in principle only, at a strategic level, the design process has considered the above elements.

73. Scottish Energy Strategy: The future of energy in Scotland This recent policy document outlines Scotland’s international reputation for sustainability and maps out the steps required regarding Energy Strategy until 2050, noting the traditional energy supplies of oil and gas but also focussing on the country’s transition to a different, low carbon energy future, with the aim of delivering a well-balanced system capable of providing secure and affordable energy to meet Scotland’s needs.

In particular, geothermal energy is the natural heat that exists within our planet. The strategy notes that this heat can be used for space and water heating. The Scottish Government has worked with regulators to produce guidance for those interested in undertaking a deep geothermal project in Scotland. The Scottish Government has already made around £0.2 million available under the Low Carbon Infrastructure Transition Programme (LCITP) to explore the technical feasibility, economic viability and environmental sustainability of the geothermal resource in sites in Fife, North Lanarkshire, Aberdeen, Aberdeenshire and Clackmannanshire. Also, it is noted specifically in the above document, that the Government are making £1.8 million available for a large scale deep geothermal district heating network to serve the low carbon Halo development. Whilst the deep well is subject to a separate planning application, the district heating system which the well will support, accords with the Scottish Energy Strategy.

74. Scottish Planning Policy

Scottish Planning Policy (SPP) notes that local plan policies should cover a range of issues, including those for the provision of new housing, within a spatial strategy which reflects the development pressures, environmental assets, and economic needs of the area, reflecting the overarching aim of supporting diversification and growth of the rural economy (para 79). It is considered in this case that the development accords with the broad provisions of SPP, being supported in principle by the LDP policies. In particular, SPP advocates:

 giving due weight to net economic benefit;  supporting good design and the six qualities of successful places;  making efficient use of existing capacities of land, buildings and infrastructure including supporting town centre and regeneration priorities;  supporting delivery of accessible housing, business, retailing and leisure development;  supporting delivery of infrastructure, for example transport, education, energy, digital and water;  supporting climate change mitigation and adaptation including taking account of flood risk;  improving health and well-being by offering opportunities for social interaction and physical activity, including sport and recreation;  having regard to the principles for sustainable land use set out in the Land Use Strategy;  protecting, enhancing and promoting access to cultural heritage, including the historic environment;  protecting, enhancing and promoting access to natural heritage, including green infrastructure, landscape and the wider environment;  reducing waste, facilitating its management and promoting resource recovery; and  avoiding over-development, protecting the amenity of new and existing development and considering the implications of development for water, air and soil quality.

It is considered the proposal at this stage broadly accords with the provisions of SPP, however as with most applications for Planning Permission in Principle, it is difficult to assess compliance in any detail.

FINANCIAL AND LEGAL IMPLICATIONS

75. There are legal implications for the Council in the determination of this application. The developer would be required to enter into a Section 75 legal agreement with the Council to ensure that developer contributions amounting to £42,586, are paid in terms of the Policy INF5 for any subsequent application, albeit legally linked to the planning permission in principle.

76. If Members decide to grant consent, there is however no requirement to refer this application to the Scottish Government under Circular 3:2009 - ‘Notification of Planning Applications’.

77. There are potential financial implications for the Council in coming to a view on this application as, should the Planning Committee be minded to refuse the proposed development, this could lead to an appeal by the applicant. Furthermore, if the Council is considered to have acted unreasonably in refusing the proposed development, a claim for an award of expenses could be made by the applicant.

78. As stated above, should the Planning Committee refuse permission then it could result in an appeal by the applicant to the Scottish Government Department for Planning and Environmental Appeals (DPEA). The Council would require to participate in whatever procedure is considered appropriate by the DPEA in order to put forward its case. This could be via further written representation, hearing or inquiry sessions or a combination of these methods. This therefore may also lead to further costs being incurred to the extent it may be necessary to either engage expert external advice, support or representation and/or to engage professional expert witnesses to give evidence on the Council’s behalf as necessary.

CONCLUSIONS

79. As indicated earlier in the report, the application is considered to be in accordance with the local development plan at this ‘in principle’ stage. Therefore, given the terms of Section 25 and Section 37(2) of the Town and Country Planning (Scotland) Act 1997, the application should be approved unless material considerations indicate otherwise. As is indicated in the report, there are material considerations relevant to this application. The consultation responses do not indicate any areas of concern, subject to planning conditions being imposed, and noting the planning history of the site and in particular the Ayrshire College redevelopment on part of the southern portion of the site.

RECOMMENDATION

80. 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 – i.e. 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

81. 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.

82. REASON FOR THE DECISION

The application accords with the local development plan and the material considerations do not suggest refusal of the application.

18 January 2018

FV/MK

Michael Keane Head of Planning and Economic Development

LIST OF BACKGROUND PAPERS

1. Application Form and Plans. 2. Statutory Notices and Certificates. 3. Consultation responses. 4. Local Development Plan 2017. 5. Supporting statement and associated reports:-  Ground Investigation Report;  Economic Impact Assessment;  Transport Assessment;  Noise Impact assessment  Drainage Statement;  Design and access Masterplan;  Ecological Appraisal; and  Renewable Energy Statement. 7. Designing Streets/Designing Places. 8. Scottish Energy Strategy: The future of energy in Scotland 9. Scottish Planning Policy 2014

Anyone wishing to inspect the above background papers should contact Marion Fergusson, Senior Planner on 01563 576769.

Implementation Officer: David McDowall, Operations Manager: Building Standards and Development Management

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 17/0865/PPP

Location Land At Balmoral Road Hill Street Witch Road Balmoral Road Kilmarnock East Ayrshire

Nature of Proposal: 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.

Name and Address of Applicant: The Klin Group Barclay House West Langlands Street Kilmarnock KA1 2PY

Officer’s Ref: Marion Fergusson 01563 576769

The above Planning Permission in Principle application should be Approved with Conditions.

1. Prior to the commencement of any works on site, a phasing plan, including a detailed programme of works showing the relevant phases and timescales for the development of each phase, and the inter-relationship of the phases, in relation to all transport Masterplanning issues shall be submitted to and approved in writing by the Planning Authority.

REASON: In order that the Planning Authority assesses this element in detail.

2. Further to the terms of condition 1, the approved phasing plan and detailed programme of works shall be implemented on site and adhered to thereafter in perpetuity unless otherwise agreed in writing by the Planning Authority.

REASON: In order to ensure the relevant standards of transport infrastructure are delivered within a coordinated programme.

3. Prior to the commencement of any development on site, and at least two months before any accompanying AMCPPP application is submitted (with reference to Condition 4), an Air Quality Impact Assessment (AQIA) shall be submitted to and be approved in writing by the Planning Authority.

REASON: In order that the Planning Authority assesses this element in detail.

4. Prior to the commencement of any development on site, the further approval of the Planning Authority shall be obtained in respect of the undermentioned matters hereby reserved:

(a) The detailed layout of the site (which will take account of the conclusions of the AQIA in Condition 3 above);

(b) The size, height, design and external appearance (including floor plans) of the [i] proposed dwellinghouses, [ii] Enterprise & Innovation Centre, [iii] Live/Work Studio, [iv] Urban Wave/Surf Leisure Swimming Pool (including Children's Innovation Hub; [v] Nursery, [vi] Light Manufacturing buildings; [vii] Offices; [viii] Retail units; [ix]Food & Drink units; [x] Renewable Energy Centre; [xi] Place of Worship (Class 10); and [xii] Urban Park/Landscaping (design, levels, external appearance and materials only).

(c) The means of drainage and sewerage disposal, including provision for flood and surface water in the form of a Drainage Impact Assessment or Surface Water Management Plan;

(d) Details of the access arrangements;

(e) The provision for open space;

(f) The provision for car parking;

(g) The boundary walls/fences to be erected;

(h) The landscaping of the site;

(i) Existing and proposed site levels/floor levels;

(j) The size, height, design and external appearance of the proposed commercial/industrial buildings; and

(k) A more detailed site Masterplan which creates a distinct place, in accordance with the Scottish Government’s Designing Streets policy statement and the green infrastructure/open space standards as set out in Schedule 8 of the East Ayrshire Local Development Plan.

(l) Details of the necessary infrastructure to enable all premises within the development to be connected to the existing fibre optic network in this area in accordance with the relevant telecommunications providers' standards.

REASON: To accord with the provisions of s.59 of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006.

5. The details submitted under Condition 4(a) and 4(e) above shall comply in all respects with the Council's approved policy on the provision of public and private open space as contained in the Local Development Plan 2017 and/or any supplementary planning guidance.

REASON: To ensure that the sufficient private open space is provided within the development, in the interests of visual amenity and residential amenity.

6. The details submitted under Condition 4(c) above shall include sustainable urban drainage proposals consistent with the designs acceptable to Ayrshire Roads Alliance, Scottish Water, Network Rail and SEPA.

REASON: In order to ensure a standard of drainage commensurate with the scale of development proposed.

REASON: To protect the stability of the adjacent railway cutting and the safety of the rail network.

7. The details submitted under Condition 4(f) above shall comply in all respects with the Council's approved parking standards per the Roads Development Guide 1996.

REASON: To ensure that the development accords with the approved parking requirement.

8. The details submitted under Condition 4(a) above shall demonstrate internal noise levels for dwellings of 30 dB LAeq (16hr) or below as achievable in bedrooms at night.

REASON: To ensure that the development accords with Planning Advice Note (PAN) 1/2011, Planning and Noise the Technical Advice Note (TAN 2011), Assessment of Noise and the revision of BS8233:2014.

9. Prior to the commencement of any development on site, the submission of a layout plan which identifies appropriate zones of influences for the recorded mine entries, and the definition of suitable ‘no-build’ zones; shall be submitted to and be approved in writing by the Planning Authority.

REASON To ensure the site is made safe in terms of former mine workings.

10. Prior to the commencement of any development on site, the submission of a scheme of treatment for the recorded mine entry on site for approval; shall be submitted to and be approved in writing by the Planning Authority.

REASON To ensure the site is made safe in terms of former mine workings.

11. Further to conditions 9 and 10 above, the developer shall ensure that those approved works are fully implemented on site prior to any development commencing on site.

REASON To ensure the site is made safe in terms of former mine workings.

12. Prior to the commencement of any development on site, details of the acoustic barrier, and its on-going maintenance regime, to be constructed shall be submitted to and be approved in writing by the Planning Authority.

REASON In the interests of residential amenity.

13. Further to condition 12 above, the developer shall ensure that those approved works are fully implemented on site prior to the occupation of any of the houses hereby approved.

REASON In the interests of residential amenity.

14. Prior to the commencement of any development on site, a Remediation Strategy, detailing the proposed actions which will be undertaken to ensure the site is fit for the uses proposed, shall be submitted to and be approved in writing by the Planning Authority.

REASON: In order that the Planning Authority assesses this element in detail.

15. On completion of the remedial works as detailed within the Remediation Strategy in Condition 13 above, a Completion Report which shall include validation and verification that the remedial measures have been carried out in accordance with the report recommendations, shall be submitted to and be approved in writing by the Planning Authority.

REASON: In order that the Planning Authority assesses this element in detail.

16. Prior to the commencement of any development on site, a Site Waste Management Plan (SWMP) shall be submitted to and be approved in writing by the Planning Authority.

REASON: In order that the Planning Authority assesses this element in detail.

17. Prior to the commencement of any development on site, a Construction Environment Management Plan (CEMP) shall be submitted to and be approved in writing by the Planning Authority in consultation with SEPA.

REASON: In order that the Planning Authority assesses this element in detail.

18. Prior to the commencement of any development on site, details of the proposed fencing shall be submitted to and be approved in writing by the Planning Authority in consultation with Network Rail.

REASON: In order that the Planning Authority assesses this element in detail.

19. Prior to the commencement of any development on site, the applicant shall provide a suitable trespass proof fence of at least 1.8 metres in height adjacent to Network Rail’s boundary.

REASON: In order that the Planning Authority assesses this element in detail.

20. Prior to the commencement of any development on site, details of the fence noted in Condition 19 above with regard to future maintenance and renewal, shall be submitted to and be approved in writing by the Planning Authority.

REASON: In the interests of public safety and the protection of Network Rail infrastructure

21. In addition to Condition 4(h) above, the landscaping scheme shall include details of the hard and soft landscaping works, boundary treatment(s), details of trees and other features which are to be retained, and a programme for the implementation /phasing of the landscaping in relation to the construction of the development.

REASON: To control the impact of landscaping on the operational railway.

22. For the avoidance of doubt, in addition to Condition 4(h) above, where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Broad leaf deciduous species shall not be planted adjacent to the railway boundary.

REASON: To control the impact of leaf fall on the operational railway.

23. Further to Condition 4(a) above, the detailed site layout shall reflect the terms of Policy RES 3 of the East Ayrshire Local Development Plan which requires that on all sites of 30 or more houses proposed within the Kilmarnock and Loudoun area, 25% of houses will require to be affordable in nature

REASON: To accord with the Council’s affordable housing provision and comply with Policy RES 3 of the East Ayrshire Local Development Plan.

24. Prior to the commencement of any development on site, a Travel Plan that adequately addresses and advises on likely travel plan issues or concerns shall be submitted to and be approved in writing by the Planning Authority in consultation with Ayrshire Roads Alliance.

REASON In the interests of road safety.

25. Further to condition 24 above, the developer shall ensure that the measures of the approved Travel plan are fully implemented on site at all times and maintained thereafter in perpetuity unless otherwise agreed in writing with the Planning Authority.

REASON In the interests of road safety.

Advisory Notes:

EAC Contaminated Land: 1. Details on the Council’s requirements are contained in our guidance Development Management and Contaminated land which is available to download at: http://www.east- ayrshire.gov.uk/Resources/PDF/C/AnIntroductiontoLandContaminationandDevel opmentManagement.pdf

The applicant should be made aware of this document to ensure that the Council’s requirements are addressed in this regard.

EAC Environmental Health 2. Per the conclusions of the Noise Impact Assessment, EH agree that if the layout is altered, a further assessment is made and additional noise contour maps are produced. The layout should be planned with respect to the guidance given in our report in order to safeguard the amenity of future residents and businesses. It is further recommended that once the detailed design stage is reached, that the noise assessment is re-visited in order that the model is updated and more detailed calculation are incorporated (such as the calculation of internal noise levels and calculation of plant noise).

3. EH agree with the recommendation of the Noise Impact Assessment that the residential area east of David Ogilvie Engineering be carefully planned so that habitable rooms do not front directly onto the industrial site, i.e. dwellings can be constructed so they are ‘gable-on’ to the site.

4. EH recommend that any acoustic barrier be constructed using an earth bund of the height described with associated planting to soften the visual impact of the bund. NB the noise mitigation effects of an acoustic fence would be reliant on ongoing maintenance of the fence.

Scottish Water: 5. For developments of 10 or more domestic dwellings (or non-domestic equivalent) Scottish Water require a Pre-Development Enquiry (PDE) Form to be submitted directly to Scottish Water prior to any formal Technical Application being submitted. This will allow us to fully appraise the proposals.

6. Where it is confirmed through the PDE process that mitigation works are necessary to support a development, the cost of these works is to be met by the developer, which Scottish Water can contribute towards through Reasonable Cost Contribution regulations.

Non Domestic/Commercial Property: 7. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non- domestic customers. All Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk

Trade Effluent Discharge from Non Dom Property: 8. Certain discharges from non-domestic premises may constitute a trade effluent in terms of the Sewerage (Scotland) Act 1968. Trade effluent arises from activities including; manufacturing, production and engineering; vehicle, plant and equipment washing, waste and leachate management. It covers both large and small premises, including activities such as car washing and launderettes. Activities not covered include hotels, caravan sites or restaurants. If you are in any doubt as to whether or not the discharge from your premises is likely to be considered to be trade effluent, please contact us on 0800 778 0778 or email [email protected] using the subject "Is this Trade Effluent?". these are solely for draining rainfall run off.

9. For food services establishments, Scottish Water recommends a suitably sized grease trap is fitted within the food preparation areas so the development complies with Standard 3.7 a) of the Building Standards Technical Handbook and for best management and housekeeping practices to be followed which prevent food waste, fat oil and grease from being disposed into sinks and drains.

10. The Waste (Scotland) Regulations which require all non-rural food businesses, producing more than 50kg of food waste per week, to segregate that waste for separate collection. The regulations also ban the use of food waste disposal units that dispose of food waste to the public sewer. Further information can be found at www.resourceefficientscotland.com

Network Rail: 11. Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development.

12. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a “possession” which must be booked via Network Rail’s Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

13. The developer must contact Network Rail’s Asset Protection Engineers regarding the above matters, contact details below:

Network Rail Asset Protection Engineer 151 St. Vincent Street, GLASGOW, G2 5NW Tel: 0141 555 4087 E-mail: [email protected]

14. All surface or foul water arising from the development must be collected and diverted away from Network Rail Property. (Any Sustainable Urban Drainage Scheme should not be sited within 10 metres of the railway boundary and should be designed with long term maintenance plans which meet the needs of the development).

Scottish Power Distribution 15. Scottish Power Distribution advise they have apparatus in the area and the applicant should make contact in this regard.

SEPA 16. SEPA’s advice has been copied to the applicants and the applicants should take note accordingly.