Sites in East Calder, Livingston and Fauldhouse

COUNCIL EXECUTIVE

PLANNING BRIEFS FOR APPROVAL: SITES IN EAST CALDER, LIVINGSTON AND FAULDHOUSE

REPORT BY PLANNING SERVICES MANAGER

A. PURPOSE OF REPORT

The purpose of the report is to seek approval from the Council Executive for five planning briefs:

a) HEc4 Former Millbank Depot, East Calder; b) HEc7 Calderhall Terrace, East Calder; c) HLv26 Eliburn East 5B, Ballantyne Place, Livingston; d) HLv111 Kirkton North 10B, Livingston; e) 95-97 Former Cinema Site, Main Street, Fauldhouse.

Copies of the draft planning briefs and representations received are available from Committee Services.

B. RECOMMENDATION

It is recommended that the Council Executive approves these planning briefs to allow Property Management to market the sites when it is deemed appropriate.

C. SUMMARY OF IMPLICATIONS

I Council Values Being honest, open and accountable; working in partnership; and focusing on our customers’ needs.

II Policy and Legal (including Development of the sites accords with the Strategic Environmental development plan. Assessment, Equality Issues, Health or Risk The draft briefs have been assessed against Assessment) section 7(2A) of the Environmental Assessment (Scotland) Act 2005. It is considered that the briefs do not require to be subject to a Strategic Environmental Assessment and have been ‘pre screened’ as such.

There are no equality, health or risk assessment issues.

III Resources - (Financial, Sale of land to finance the council’s capital Staffing and Property) programme.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc IV Consultations Internal consultations have taken place with Transportation, Public Transport, Education, Housing, Property, Flood Prevention Officer, & NETs and Land Services. External consultations have taken place with neighbours to the site including neighbouring landowners, community councils, SEPA, Scottish Water and SNH.

Local members in the wards affected, namely ward 4 Livingston South, ward 5 East Livingston and East Calder, ward 6 Fauldhouse and the Breich Valley and ward 7 Whitburn and Blackburn were consulted.

As the proposals conform with council policy, there is no need to report the briefs to the Development and Transport Policy Development and Scrutiny Panel.

D. TERMS OF REPORT

Introduction

Five sites that are in council ownership have been identified by service units as surplus to requirements and Property Management consider them suitable for marketing to support the council’s capital programme. These sites are at:

x HEc4 Former Millbank Depot, East Calder; x HEc7 Calderhall Terrace, East Calder; x HLv26 Eliburn East 5B, Ballantyne Place, Livingston; x HLv111 Kirkton North 10B, Livingston and x 95-97 Former Cinema Site, Main Street, Fauldhouse.

Adopted West Lothian Local Plan 2009

The proposed uses for the five sites accord with the adopted West Lothian Local Plan 2009.

Planning Briefs

To allow developers to consider how these sites might be developed, draft planning briefs have been prepared. These indicate how the council, as planning authority, anticipates that they will be developed, including the physical and financial contribution requirements that have to be met.

The attached plans show the location and general extent of the sites. The local plan background and key considerations relating to each site are indicated below, as well as the representations received and the responses to points made:

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc A) HEc4 FORMER MILLBANK DEPOT, EAST CALDER

This is a brownfield site north of East Calder that was formerly a council depot site and lies south of the East Calder Waste Water Treatment works. The buildings located on the site have been cleared, although the majority of the site remains covered in hardstanding that requires to be removed. The site will require to be the subject of a contaminated land assessment and remediation statement. The site has Area of Great Landscape Value to the north, east and west and Livingston Countryside Belt designations to the west. The site includes woodland within its boundaries that requires to be retained.

The adopted West Lothian Local Plan 2009, Appendix 6.1 states that the site could accommodate up to 40 units, however a closer assessment of the site reveals that due to the mature trees to be retained and site levels, the number of units is likely to be around half that figure.

Vehicular access to the site will be via Queens Gardens and a pedestrian access will require to be provided into the nearby footpath network south of the site.

The brief also specifies the developer contribution requirements that any developer would require to accompany any application for development on the site, including contributions to affordable housing, education provision, play area facilities and cemeteries.

Development of the site will ultimately lead to the tidying up of this at present largely unkempt site that has a negative impact on the local environment.

Following consultation on the draft brief, non-substantive changes have been made. The requirement for a footpath east of the site has been removed and now a footpath link into the existing footpath network to the south is to be developed.

Representations

Residents at Burnside Terrace and Queens Gardens were consulted. Stirling Water, the East Calder and Wilkieston Community Council and other neighbouring landowners were also consulted. The council received no representations to the proposals within the six week consultation period which ran from 7 October to 17 November 2009.

B) HEc7 CALDERHALL TERRACE, EAST CALDER

This site lies at the western end of Calderhall Terrace in the settlement of East Calder. The site has previously been used as a temporary caravan park, but has since been vacant for a number of years. The site was allocated for housing in the adopted Calders Area Local Plan and that allocation has continued into the adopted West Lothian Local Plan 2009.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc The adopted plan states that this site could indicatively accommodate 9 units, however having undertaken a closer analysis of the site, a more realistic number would be around 5 units.

The draft brief makes it clear that the amenity and privacy of existing neighbours would require to be maintained. The site still contains a large amount of hardstanding that would require to be removed by any developer. Vehicular access to the site would be via the existing point of access at the western end of Calderhall Terrace. A Drainage Impact Assessment will be required to accompany any planning application.

The brief also specifies the developer contribution requirements that any developer would require to accompany any application for development on the site, including contributions to affordable housing (if the proposal was for 5 or more units), education provision, a contribution to local play area facilities and cemeteries.

Representations

Formal written consultation took place from 30 October to 11 December 2009 with neighbouring residents at Calderhall Terrace, Calderhall Crescent and Firbank Grove and with East Calder and Wilkieston Community Council. The council received two written representations from residents at 12 and 24 Calderhall Terrace and one verbal representation from the resident at 33 Calderhall Crescent. The written representations are available from Committee Services. The points of concern are outlined below together with a proposed response:

1) The resident at 12 Calderhall Terrace is concerned that an area of land to the rear of his property will be landlocked, given that a housing site south of site HEc3 is to also be developed for housing.

Response: The council will consider either including this land within the sale of land of any developer or will consider offers from neighbours to purchase the ground as private garden ground to ensure that the area does not become ‘landlocked’. The neighbouring housing site allocation HEc3 is the subject of a planning application for housing by Castle Rock Housing Association that remains undetermined.

2) The resident at 24 Calderhall Terrace is concerned about the impact of construction traffic.

Response: The issue of construction traffic would be assessed by the councils Transportation Unit at the planning application stage, but it is anticipated that the site will be able to be accessed safely by construction traffic without significant disruption to neighbours.

3) The residents of 33 Calderhall Crescent purchased an area of land from the council a number of years ago. This is used as private garden ground. They have confirmed they may be willing to sell this to any prospective developer of the site.

Response: The draft brief has been amended to make potential developers aware that the resident at 33 Calderhall Crescent may be willing to sell this land. If this area of ground was incorporated into the development site it would make it easier to develop this site by making it a more regular site.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc C) HLv26 ELIBURN EAST 5B, BALLANTYNE PLACE, LIVINGSTON

This site is a long established allocated housing site that was included in the adopted Livingston Local Plan as site Eliburn East 5B (EE5B). The site continues to be allocated for housing in the adopted West Lothian Local Plan and appendix 6.1 of the adopted plan indicates that the site could accommodate around 8 units.

The brief specifies the developer contribution requirements that any developer would require to accompany any application for development on the site, including contributions to affordable housing (if the proposal was for 5 or more units), education provision, a contribution to local play area facilities and cemeteries.

Representations

In early 2008, initial consultation was made with residents on the draft planning brief Amongst concerns raised in 2008 were that the construction traffic for the site would be through Ballantyne Place. Officers therefore investigated an alternative point for construction access and the draft brief was amended to enable access for construction traffic to be over council land from Cousland Road, south of the site.

The council formally consulted all residents at Ballantyne Place, some of the residents closest to the site at Leving Place and the Woodland Trust on the revised brief between 7 October and 17 November 2009. It should be noted that there is at present no Community Council operating in Eliburn. Representations were received to the brief, four from neighbouring residents at 37, 41, 71, 79 Ballantyne Place and one from the Woodland Trust. The comments made are summarised and addressed below and full copies of the correspondence received are available from Committee Services.

1) The development would adversely impact on woodland;

Response: The developer will be required to provide an arborists report to accompany any planning application and there is a requirement for a stand off from the woodland and trees to be retained both within and outwith the site.

2) The development would have an adverse impact on wildlife;

Response: There is considered to be no significant wildlife in the site, however the developer will be asked to provide a habitat assessment to accompany any application to confirm if there are any protected species present on the site or in the vicinity that would be adversely affected by the development.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc 3) There is a lack of capacity in local schools to support the development;

Response: The council will only market the site when school capacity is available. There is no intention to market the site in the short term because of capacity issues at the non denominational catchment primary school of Peel Primary.

4) The development will exacerbate parking problems in Ballantyne Place;

Response: It is unlikely that any residents or visitors in the new development would park their vehicles in Ballantyne Place, given the distance from it to this site. The draft brief specifies the parking requirements for each house and for visitors parking. The parking requirements are in accordance with council policy as set out in the council’s Residential Development Guide document.

5) There would be disruption to the use of Peel Path adjacent to the site when the site was under construction;

Response: Given construction traffic will come from Cousland Road there will be minimal disruption to people using Peel Path, who may only encounter minor disruption when the access is being formed from Ballantyne Place.

6) Construction traffic through Ballantyne Place would cause a health and safety risk, particularly to young children in the estate;

Response: Construction traffic will come from Cousland Road and this is now clearly specified in the draft brief, to ensure that there would be minimal disruption to existing residents in Ballantyne Place during construction.

7) Local Health and dental facilities will be under added pressure if this development proceeds;

Response: Given the small number of units likely to be developed on site, it is considered unlikely there would be any significant impact on local health and dental services.

8) The development will lead to a loss in value to existing properties in Ballantyne Place;

Response: Property value is not a material planning consideration.

9) The site should be developed as a play area as opposed to housing as children in Ballantyne Place have nowhere but their back gardens to play in;

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc Response: The site has a long history of being allocated for residential development. The council received no objections to the allocation when promoting the Finalised West Lothian Local Plan in 2005. The council will be seeking a contribution of £500 per house that will be used to help upgrade existing nearby play facilities at nearby Peel Park.

10) The development would lead to additional light pollution, to the detriment of the amenity of local residents;

Response: The council has recently approved supplementary planning guidance entitled Controlling light pollution (and reducing lighting energy consumption). This is referred to in the updated draft brief. Any developer would have to have regard to this guidance when formulating their plans. It is inevitable that there will be some light pollution from this site, however, this is not anticipated to have any significant impact on existing residents as houses are likely to be a minimum of 60m from existing residents properties in Ballantyne Place;

11) There will be an adverse impact on the residential amenity presently enjoyed by residents in Ballantyne Place if this site is developed.

Response: It is considered that developing this site for a relatively small number of units will not have any significant impact on residential amenity. However, any planning application will be assessed to ensure this is the case.

12) The up-to-date BS number i.e. British Standard number should be used in respect of tree protection;

Response: The draft brief has been amended to reflect this.

13) If houses are built in close proximity to trees, developer contributions should be sought to provide monies to the Woodland Trust to cover the costs of the Trust having to carry out more surveys and tree works.

Response: The brief requires the developer to undertake an arborists report of the adjacent woodland, some of which is owned by the council, some of which is owned by the Woodland Trust and to carry out appropriate tree works in advance of any houses on the site being occupied.

D) HLv111 KIRKTON NORTH 10B, LIVINGSTON

The site is allocated for housing in the adopted West Lothian Local Plan. Consultation on the draft brief was carried out between 7 October and 17 November 2009. The brief which was the subject of consultation made reference to the possibility of part of the site being developed for a petrol filling station. This reference has since been deleted because of concerns about vehicular access.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc The brief specifies the developer contribution requirements that any developer would require to accompany any application for development on the site, including contributions to affordable housing, education provision, a contribution to local play area facilities and cemeteries. The developer will also be required to provide footpath links and traffic calming.

Representations

The council formally consulted residents at Westcroft Court and the Old Toll House. ShitEtsu, the nearby waste water treatment works and other neighbouring landowners were also consulted. Representations were received from the owners of the Old Toll House, the owner/occupier of 22 Westcroft Court and Walker Group Scotland who are involved with the West Livingston/Mossend Core Development Area. The comments received are summarised and addressed below and full copies of the correspondence received are available from Committee Services.

1) The proposal for a petrol filling station at the western end of the site should be deleted as this would be difficult to access from Toll Roundabout and the surrounding road network, would be at odds with providing a good quality design solution in this prominent location and could lead to disruption to any residents through anti social behaviour from patrons of the filling station.

Response: The site had been previously considered suitable to be partly developed for a petrol filling station at the western end of the site adjacent to the Toll Roundabout. However, further analysis of access options to the roundabout and the fact the A705 has now been stopped up mean that accessing such a development for vehicles would be difficult. Coupled with the fact that the site is itself allocated for housing in the adopted West Lothian Local Plan 2009. It has been decided to amend the draft brief to delete reference to the petrol filling station.

2) The proposed access point to the site should be further east than the location proposed to allow for the potential re-opening of the A705 road if Transport Assessments for the Core Development Area at Gavieside indicate this.

Response: There are no plans to re-open the A705 in this location. The proposed access position to the site remains unchanged. Moving the access further east would result in loss of part of the existing woodland.

3) There is concern over the ability of Peel Primary school, the non denominational catchment primary school, to accommodate any children from this site and therefore allowing the site to proceed to being developed would be contrary to the council’s approved Supplementary Planning Guidance Planning for Education. Education Services should therefore be objecting to the development of this site.

Response: The brief indicates that there are some education capacity issues in catchment schools relative to the site. It is recommended that prior to purchasing the site, interested parties consult Education Services for up-to-date information on school rolls as these fluctuate naturally and lack of capacity at a school is a material issue in the planning application process that may prevent planning permission being obtained.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc Essentially, the council are aware that there are constraints at this time in terms of education capacity in local non denominational primary school at Peel as advised by Education Services. The recent catchment area review affecting this and Livingston Village Primary will, in time, free up capacity in these schools and allow this and other allocated sites to come forward for development. The brief make this clear. It is also important that the council maintains up-to-date approved briefs to enable the Property Manager to market these sites when capacity in these catchment schools becomes available. The council will only market the site when school capacity is available. There are no immediate plans to market the site.

4) The proposed development of a petrol filling station would be in close proximity to a protected BP Ethylene Pipeline as identified in the adopted West Lothian Local Plan 2009 and this would appear to be incompatible with a petrol filling station use.

Response: The draft brief has been amended to remove the reference to the possibility of siting a petrol filling station on the site.

5) There is concern that permitting affordable housing on site will result in residents of that development having little or no interest or intention of maintaining the property or the locality.

Response: Livingston is a high demand area for affordable housing. The development of part of the site for affordable housing will contribute towards meeting the demand. The requirement for affordable housing complies with council policy as set out in the adopted West Lothian Local Plan.

6) The density of the development proposed would be incompatible with other neighbouring developments.

Response: The draft brief specifies that the site would be suitable for a medium density development of around 30 dwellings per hectare. This is considered an acceptable density and is similar in nature to nearby Westcroft Court and Thirlfield Wynd.

7) Traffic calming measures proposed are inadequate and there should be requirements for a safety railing between the footpath leading from Westcroft Court to the Cousland Road cul de sac to provide additional safety for pedestrians.

Response: The brief has been amended to require traffic calming proposals at Cousland Road the road that leads to accessing this site north of Westcroft Court. Transportation has confirmed there is no need for a barrier, except for a small section of roadway adjacent to the Old Toll House.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc 8) The woodland west of Westcroft should be retained and subject to an arborists assessment.

Response: The brief specifies that there is a requirement for an independent arborists assessment of the shelterbelts on the northern and eastern site boundaries and the recommendations are to be implemented by the developer following agreement with the council’s NETS and Land Services unit and the Development Management unit within the Planning Service.

9) There is concern that there was no requirement proposed for a play area in the proposed site and that children of residents of the new development were being encouraged to share the existing play area facilities at Eastcroft and Westcroft nearby. This is a particular concern as these play areas are paid for by residents of both streets to a factor and there would be no such burden on residents on the brief site. The future costs should therefore be borne by the developers of this site or that the existing play area be adopted by the council.

Response: The comments are noted and the draft brief has been amended to require that a play area be provided by the developer within site HLv111.

10) There is concern that the site will pose a flood risk due to drainage problems in Westcroft and there is concern that there will be damage to existing drainage in the locality by heavy machinery being used to develop this site.

Response: The draft brief states that proposals for the site will require to be subject to a Drainage Impact Assessment. Any detailed proposals will also be subject to assessment by the council’s Flood Prevention Team to ensure there would be no damage to existing drainage systems and ensure that there would be no negative impact on neighbouring sites.

11) Improved public transport will be required to support the new development as the current arrangements are far from satisfactory.

Response: There are bus stops immediately to the south of the site that provide adequate public transport facilities. Frequent bus services are routed along the link road to the south of the site that include the number 6A (Fauldhouse Station– West Calder Station– Livingston – St. John’s Hospital – Deans), 8 (Livingston – St. John’s Hospital – Blackburn – Bathgate Station – Armadale, Whitburn – Fauldhouse Station), 8A (Craigshill – Livingston – St. John’s Hospital – Blackburn – Bathgate Station – Armadale), 12 (Whitburn – Blackburn – Livingston – Craigshill – Deer Park – Broxburn – Edinburgh), x33 (Fauldhouse – Whitburn – Blackburn – Edinburgh), 206 (Kirkton Campus – St. John’s Hospital – Livingston – West Calder Station– Loganlea – Fauldhouse Station), 208 (Livingston – St. John’s Hospital – Blackburn Station – Bathgate – Armadale – Whitburn – Fauldhouse Station), 212 (Whitburn – Blackburn – Livingston – Craigshill – Pumpherston – Broxburn – Edinburgh), 409/410 (Livingston – Craigshill – Deans – Kirkton Campus – Livingston) and 502 (Blackridge – Whitburn – St. John’s Hospital – Livingston – Craigshill East.

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc 12) The residents of the Old Toll House, the category B listed building that lies to the northeast of the site, wish the council to consider selling land to them to enable straight edged boundaries to be formed and provide longer term screening from the surrounding woodland to their property, to maintain ther residential amenity.

Response: This issue will be considered as a matter of detail with any prospective developer when the site is being marketed for development on the future under negotiation with Property Management and the owners at that time of the Old Toll House.

E) 95-97 FORMER CINEMA SITE, MAIN STREET, FAULDHOUSE

A redundant cinema stood on this site and has since been demolished. To maintain the amenity of the site and deter anti-social behaviour, the site was grassed over and three planters were placed along the frontage to Main Street. The council seeks to infill this gap site at this central location in Fauldhouse. A 1.5 storey terraced, or flatted, development is anticipated for this gap-site.

Representations

Neighbours were consulted in July 2009. The comments received are summarised and addressed below and full copies of the correspondence received are available from Committee Services.

1) The neighbour, at 109 Main Street has a family motor business across the Braehead Burn from the site, raised concerns about flooding and parking & access issues and is concerned about development at the site causing additional hard surfacing and thereby potential for more flooding at his garage.

Response: The draft brief requires that a Flood Risk Assessment must be provided and the specification agreed with the council’s Flood Risk Officer. In particular it must assess the likelihood of flooding on the site and the consequence of any flooding and recommendations for potential alleviation.

2) The neighbours at 3 Eldrick View raised issues about existing large trees on there property and potential overlooking.

Response: The draft brief was amended to protect and conserve the mature beech and alder on the neighbours property and reduced the storey height from 2 to 1.5 for any prospective residential development on the site.

E. CONCLUSION

Planning briefs have been prepared for the following sites:

a) HEc4 Former Millbank Depot, East Calder; b) HEc7 Calderhall Terrace, East Calder; c) HLv26 Eliburn East 5B, Ballantyne Place, Livingston; and 11

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc d) HLv111 Kirkton North 10B, Livingston e) 95-97 Former Cinema Site, Main Street, Fauldhouse.

Consultation has been undertaken with affected community council’s, local members and, where appropriate, local neighbours and adjacent landowners.

The approval of these planning briefs will enable Property Management to progress with the marketing of these sites to secure a developer and obtain capital receipts towards the council’s capital programme. The Council Executive will be updated by Property Management on the outcome of the marketing process in due course.

Housing sites will only be marketed when school capacity is available.

Once approved, the planning briefs will be material considerations in the determination of planning applications for the sites.

F. BACKGROUND REFERENCES

Adopted West Lothian Local Plan 2009

Appendices/Attachments: 1) Draft development brief, location plan for site HEc4 Former Millbank Depot, East Calder.

2) Draft development brief, location plan for site HEc7 Calderhall Terrace, East Calder;

3) Draft development brief, location plan for site HLv26 Eliburn East 5B, Ballantyne Place, Livingston;

4) Draft development brief, location plan for site HLv111 Kirkton North 10B, Livingston.

5) Draft development brief, location plan for site 95-97 Former Cinema Site, Main Street, Fauldhouse.

Contact Person: Steven McLucas, Planning Officer, 01506 775268, [email protected]

Craig McCorriston, Planning Services Manager, County Buildings, Linlithgow, 01506 775286, [email protected]

12 January 2010

Z:\TO DO BEFORE EDRMS STARTS\Former M Drive Folders\Committees\Council Executive\20100112\Planning Briefs Sites in East Calder Livi and Fauldhouse.doc