Dunlop Road, Stewarton

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 12 FEBRUARY 2016

15/0467/PP: ERECTION OF 228 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND LANDSCAPING WORKS AT: PROPOSED DEVELOPMENT SITE, DUNLOP ROAD, STEWARTON

BY PERSIMMON HOMES LTD

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=NQ8ENPGFFTS00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT

1. The purpose of this report is to present for determination a planning application which is to be considered by Planning Committee under the scheme of delegation, since it is termed a Major Development as defined within the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, but is considered not to be significantly contrary to the Development Plan and thus should be determined by the Planning Committee.

2. This application has been considered against the Development Plan policies and is not considered to be significantly contrary to the Local Development Plan noting that the site comprises a Development Opportunity Site 356H which is zoned for 130 residential dwellings. Whilst a reduced level of public open space has been provided, the applicant has sought to provide a cycle path that is promoted within the Proposed Local Development Plan (which is a significant material consideration). The appropriate route for a decision on this application is therefore consideration and determination by the Planning Committee as detailed within the Council’s Scheme of Delegation.

RECOMMENDATION

3. It is recommended that the application be approved subject to conditions indicated at Appendix 1 of the report and that, prior to any decision notice being released, the applicant provide the appropriate payment required for Developer Contributions under Policy RES29 of the East Ayrshire Local Plan (as detailed in section 67 of this report) and that the applicant also provide the appropriate payment in lieu of providing an electric vehicle charging point as detailed in Section 27 of this report which is required by the Ayrshire Roads Alliance.

CONTRARY DECISION NOTE

4. Should the committee agree that the application be refused contrary to recommendation of the Head of Planning and Development based on the principle of the development, then the application would require to be referred to Council because a decision on that basis would represent a significant departure from the 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.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 12 FEBRUARY 2016

15/0467/PP: ERECTION OF 228 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND LANDSCAPING WORKS AT PROPOSED DEVELOPMENT SITE DUNLOP ROAD STEWARTON EAST AYRSHIRE

APPLICATION BY PERSIMMON HOMES LTD

Report by the Head of Planning and Economic Development, Economy and Skills

PURPOSE OF REPORT

APPLICATION DETAILS

3. Site Description: The application site lies with the settlement boundary of Stewarton to the north west of the town. The site currently comprises fields and is accessed from a field gate at Dunlop Road. The redline application site extends to some 9.15 hectares. The site is bounded to the north by Cocklebie Farm which is an established business of Blackwood Plant Hire/The Cobble Shop and former quarry. Outwith the site is the provisional Wildlife Site of Hillhouse & Water Plantation WT12 and the Hillhousemuir Quarry (disused) which is a contaminated site. 4. To the north west, the site bounds with agricultural land and the boundaries are defined by post and wire fencing, hedgerows and a treebelt. To the east, the site is bounded by the A735 Dunlop Road with a narrow footpath on the western edge of the road and the boundary treatment is a combination of timber fencing and hedgerow. To the south east, the site is adjacent to Cocklebie Park with its associated playing fields. To the south, is the existing residential housing at Jamieson Place and Kinloch Avenue comprising a mix of detached and semi-detached, single storey, 1½ storey and two storey properties and rear gardens which bound the proposed development site. To the west, the site bounds with the completed housing site accessed from the roundabout on the B778 Dalry Road leading to

Eglintoun Road and Balveny Court is also adjacent to the proposed development site. At the end of Eglintoun Road, there is a completed play park, turning head with two storey detached dwellinghouses on the western edge of the proposed development site and is bounded by a 2 metre timber hit and miss fence.

5. The application site is a residential Development Opportunity Site 356H which is identified in the Adopted East Ayrshire Local Plan 2010 with additional land-take accommodating an area of safeguarded open space which is currently unused and will provide an alternative area of open space. In terms of existing land use, the site is undeveloped agricultural land, however, also along the south-eastern boundary includes protected open space (playing fields) at Cocklebie Park.

6. The application was proceeded and informed by a formal pre—application consultation (PAC) exercise undertaken by the applicant consistent with the requirements of the Planning Etc. (Scotland) Act 2006. The applicant’s PAC Report notes that a public meeting was held on 29 April 2015 between 1pm-7pm at the Stewarton Area Centre and was advertised in the Kilmarnock Standard. The report confirms 59 people attended the event.

7. In terms of the Environmental Impact Assessment (Scotland) Regulations 2011, the proposed site received a screening opinion on 13 March 2015 (ref. 15/0005/EIASCR) from East Ayrshire Council. The Screening Opinion noted that due to the proposed residential use in this location, the scale of the proposals and the impact on the surrounding area would not be of such significance to require an Environmental Impact Assessment to be submitted as part of any planning application. The opinion did note that the treebelt abutting the countryside location may require an ecological survey (amongst other reports and surveys that might be required as supporting documentation) to be submitted with a planning application.

8. Proposed Development: Planning permission is sought for the construction of 228 dwellings together with the provision of roads, footpaths and associated infrastructure. Following various discussions during the design process, an alternative arrangement is proposed for the sustainable urban drainage system (SUDs) to convey water run off to an below ground attenuation storage area located on the eastern boundary of the site with Dunlop Road, re-siting of 4 detached dwellinghouses from the eastern edge of the site to the south western area and the inclusion of a cycle/footpath linking the site to the wider cycle/footpath network.

9. The proposed development layout has been developed around the existing topography of the site, with the site accessed from the north east by a new roundabout on the A735 Dunlop Road and from the south west with incorporation of an access from the turning head on Eglintoun Road from the existing roundabout at the junction with B778 Dalry Road which was consented under 05/0755/FL (this site was developed by George Wimpey West Scotland Ltd).

10. The proposed residential units are either detached, semi-detached or terraced and there are 18 different house types. Of the 228 properties proposed, there are 105 detached properties (comprising a combination of 3, 4 & 5 bedroom) and all units are two storey. 56 properties are proposed as semi-detached, all are 3 bedroom units and two storeys in height. 67 properties are proposed as terraced, comprising a combination of 2 and 3 bedroom units some are a combination of two storey and cottage 1½ storey with two dormers on front elevation.

11. External materials are proposed to comprise: -

 Roofs - a combination of concrete interlocking rooftiles.  External Walls – drydash roughcast main finish; facing brick main finish or part drydash roughcast finish on upper section front elevation only.  Stonework - facing brick finish with contrasting soldier course brick band and contrasting soldier course feature to heads and cills.  Fascias and bargeboards – finished in uPVC.

12. It is proposed to have 5 areas of open space with one central rectangular area dedicated for open space and recreation. Two areas of open space have been designated as being an equipped play area and are located in the north-west and west of the site. Two further areas of open space have been designated on the eastern edge of the site adjacent to Dunlop Road and on the south-western boundary of the site adjacent to Eglintoun Road.

13. Various supporting documentation has been submitted with the application and these comprise, a Transport Assessment (TA), Acoustic Noise Report, Design and Access Statement, Flood Risk Assessment (FRA), Site Investigation Report, Pre-Application Consultation Report and Ecology Assessment and Drainage Statement.

CONSULTATIONS AND ISSUES RAISED

14. The Scottish Environment Protection Agency (SEPA) originally objected to the planning application due to a lack of information regarding the site drainage proposals. Following the submission and assessment of the additional Drainage Statement provided by the Developer, SEPA advise that they have no objections to the proposed development on the understanding that all foul drainage from the site should be connected to the public sewer. SEPA advise that the developer seek written assurance from Scottish Water that there is sufficient capacity within the Stewarton sewage treatment works to accommodate the total volume of foul flow arising at the development site. SEPA have also advised that the development may need to be phased to ensure that the receiving sewage treatment facility is not overloaded until such time as the growth project improvements being undertaken by Scottish Water are complete.

In relation to surface water drainage arrangements, SEPA have also advised (as stated within the Drainage Statement) provided for the site that it is proposed to also connect the surface water drainage from the site to the public sewerage system and it is for Scottish Water to determine what is required, with regard to the design and type of sustainable drainage techniques to be installed at the site, prior to discharge into the drainage network.

SEPA’s advice is that as a proportion of the surface water run-off will arise from the road infrastructure they assume that Scottish Water and the Local Authority (Roads Section) will require to agree on shared responsibilities for the adoption and maintenance of the drainage infrastructure, inclusive of the site SUDs (sustainable urban drainage system) arrangements. SEPA also state that they would expect these bodies to require the applicant to install at least two levels of SUDs treatment for a development of this scale and that they would encourage the provision of ‘at source’ SUDs for in curtilage drainage.

Should Members decide to approve this application, it is recommended that this matter be conditioned to require the applicant to provide written confirmation from Scottish Water and SEPA that the proposed development can be adequately serviced in terms of surface water and foul drainage, prior to the occupation of any dwellinghouse.

15. West of Scotland Archaeology Service (WOSAS) note that this site is on previously undeveloped land and there is potential for development in this area to disturb significant unrecorded sub-surface archaeological deposits. Government policy states that planning authorities should ensure that prospective developers arrange for any archaeological issues raised by their proposals to be adequately addressed. WOSAS therefore recommend a condition on any planning consent that the implementation of a programme of archaeological works to be undertaken in accordance with a written scheme of investigation which has been submitted by the applicant, agreed with WOSAS and approved by the Planning Authority with thereafter the programme of work being fully implemented on site.

Should Members decide to approve this application, it is recommended that this matter be conditioned noting that a written scheme of investigation be submitted prior to commencement of development and programme of archaeological works being fully implemented on site.

16. The Ayrshire Roads Alliance (ARA) in terms of transportation matters the ARA has no objections in principle to the proposal based on information obtained within the drawings and those details included with the Transport Assessment and has provided the following comments: -

Accessibility and Sustainable Transport Options - The development proposal is accessed from Dunlop Road and a second access will connect to Eglintoun Road. The access onto Dunlop Rd will be via a new Traditional Roundabout of 32 metres ICD and a central Island of 12 metres as indicated on the DBA drawing 15060-SK-02. This would be in accordance of the requirements of the Transport Assessment prepared by Dougall Bailey Associates, June 2015 and based on the stopping distances required for a 60mph road (which set out that the roundabout could operate within the existing 60mph speed limit, however, ARA have required that the 30mph speed limit be extended beyond the proposed roundabout on Dunlop Road in the interests of road safety). This proposal would be acceptable. The Roundabout would become part of the adopted road network and would be subject to Road Construction Consent (RCC) procedures. The provision of a roundabout on Dunlop Road at the site access would act as a gateway feature for traffic entering Stewarton from the north.

The access from Eglintoun Road would require the upgrading of the existing roundel at the end of Eglintoun Road to form a fully kerbed central island with appropriate road markings and signage. This proposed secondary access would provide a connection with the existing priority crossroads on the B778. The crossroads is due to be upgraded by Stewart Milne Homes as part of the conditions attached to their Planning Application for the Kilwinning Road/Dalry Road Site in Stewarton, (10/0812/PP).

The Developer will require to provide a footway along the entire site frontage on the west side of Dunlop Road. At present a substandard footway partially constructed in hardcore exists from Dunlop Road at its junction with Lamberton Rd and extends northwards towards the site boundary. This footway will require to be either upgraded or replaced to provide a continuous 2 metre link extending from the Dunlop Road/Lamberton Road Junction. The footway construction will be subject to RCC Consent. To ensure pedestrian safety the existing 30 mph on Dunlop Rd will require to be extended from its current position just north of Lamberton Road to beyond the proposed roundabout site entrance and incorporating the access to the Pebble Shop and Blackwood Plant Hire accordingly. This 30 mph extension will ensure that all traffic speeds are reduced on the approach to the urban area. The footway extension from Lamberton Road northwards will require to be lit. All costs

associated with advertising and implementation of the Traffic Regulation Order will require to be borne by the Developer.

Additionally, to ensure suitable accessibility and sustainability of the proposal a new footpath link will be required from the footway network within the site, through the open space to the south of the site, to connect with the existing footway link between Jamieson Place and Kinloch Avenue.

There are no designated cycle routes within the Stewarton area, however the surrounding residential area has good standard roads which are relatively flat and well surfaced and would be considered suitable for cycle activity and sustainability of cycle trips to and from the development. There are currently Council aspirations to provide linked Cycle Networks throughout most of the villages and towns within the Council Area to address the sustainability of cycling long term. The developer should investigate the possibility of providing a cycle route around the structured landscaped soft northern edge to the site or alternatively linking a facility through the site possibly incorporating the larger Open Space/Recreational Area to provide a continuous marked Cycle Route between the new access roundabout on Dunlop Road and the upgraded roundel on Eglintoun Road.

The distance to the nearest bus stops from the site is almost double the recommended distance of 400 metres and bus patronage from the site would be expected to be relatively low. With the proposed 30 mph extension on the A735 it may be possible to provide a pair of bus stops on the A735 along the site frontage to the south of the new access roundabout, possibly with a bus lay-by for northbound movements and this will require to be investigated by the Developer with SPT. ARA Roads would wish to be involved with these discussions and copied into any correspondence accordingly.

The Site is considered within reasonable walking or cycling distance to Stewarton Railway Station where there are current aspirations to improve facilities for cyclists. To encourage a switch to a more sustainable vehicle usage, the developer will also be required to fund an electrical car charging point within the Stewarton Railway Station.

Junction and Network Analysis: The information with regards to Base Network Flows was gathered from Traffic Surveys carried out on 21st March 2015. These flows were factored up to the design year using appropriate growth figures and committed development trips previously discussed with the Client were added accordingly. Trip generation rates were arrived at from a Multi - Modal model analysis and distribution was based on a Gravity Model. This approach would be considered satisfactory. All junctions scoped were fully analysed as requested with the appropriate industry standard software, regardless of the 2- way percentage impact figures. The generally accepted performance indicator with regard to traffic capacity at road junctions is the ratio of Flow to Capacity (RFC). A given movement reaches capacity as the RFC value approaches 1.0; however, a figure of 0.85- 0.9 is commonly adopted as a limiting RFC value, to allow for variations in daily traffic demand.

The following Junctions were analysed as part of the Transport Assessment:

1. Stewarton Cross (Signalised Junction) - The Linsig analysis indicates that this Traffic Signal Controlled Junction operates within maximum desirable capacity levels during both the AM and PM peak periods. 2. Lainshaw Street/Standalane (Mini Roundabout) - The Arcady analysis indicates that the Mini Roundabout operates at around desirable maximum capacity levels on

the PM peak, however only 3 % increase is as a result of proposed development traffic. This would therefore be considered satisfactory. 3. Proposed Site Access Roundabout Dunlop Road – The Arcady analysis indicates that this proposed site access roundabout will operate well within maximum desirable capacity levels during both the AM and PM peak periods. 4. B778 Bloak Road / Eglintoun Road (Priority Junction) – The Picady analysis indicates that this existing Priority Junction that still requires to be upgraded by Stewart Milne Homes as part of a previous Planning Consent for their Kilwinning Road Site, will operate well within maximum desirable capacity levels during both the AM and PM peak periods.

Conclusion: The Ayrshire Roads Alliance, in terms of transportation matters would have no objections provided the following conditions and advisory notes are attached to the consent. These will require to be provided in full by the client (i.e. applicant/developer) at their expense:

1. The main access to the development will be from Dunlop Road via a new 32m ICD traditional roundabout. (Advisory Note: This will require full RCC before construction commences.)

2. Secondary access will be provided via the existing roundel on Eglintoun Road. This will require to be upgraded with a full height kerb upstand and appropriate road markings and signage accordingly.

3. A continuous 2 metre footway will be provided from north of the Dunlop Road/Lamberton Road Junction to the northern most extension of the proposed Site. (Advisory Note: This will require full RCC before construction commences.)

4. The footway mentioned in condition 3 above will require to be lit along its length.

5. The existing 30 MPH speed limit on Dunlop Road will require to be extended northwards from its current position to incorporate the Access Roundabout and the Access to the Pebble Shop and Blackwood Plant Hire.

6. To encourage a switch to a more sustainable form of vehicle usage the developer will be required to fund the installation of an electrical car charging point at Stewarton Railway Station.

7. The Developer will be required to liaise with SPT to provide additional bus stops along the site frontage on the A735. A bus lay-by should be provided for the northbound movements.

8. A new footpath link will be required from the footway network within the site, through the open space to the south of the site, to connect with the existing footway link between Jamieson Place and Kinloch Avenue.

9. A Cycle route as indicated on Drawing No: PL-01 Rev F will be required to be provided by the Developer. This will require to be to the widths indicated on the drawing compatible with Sustrans specification as indicated in Cycling by Design. As ARA Roads would wish to adopt this Cycle Route, it will be subject to RCC approval which must be in place prior to the Contractor commencing on site. Bollards and /or Barriers will be required at various locations to be approved by ARA to ensure that access is restricted to other motorised vehicles.

Points 1, 2, 8 and 9 detailed above within the conclusion of the ARA’s response, are already outlined on submitted plans and will be considered by Ayrshire Roads Alliance under any application for Roads Construction Consent (RCC). Should Members decide to approve this application, it is recommended that conditions are required for provision of points 1and 2 in relation to timing of the roundabouts and 3 and 4 in relation to the timing of the footpath, point 5, in relation to the timing of the 30 MPH speed limit extension, point 7, bus stop provision, point 8, timing of the footpath and point 9 timing and specification of the cycle path.

In relation to point 6, the charging point can be located adjacent to Stewarton Railway Station on land held by Ayrshire Roads Alliance accessed from Standalane. Ayrshire Roads Alliance has indicated that an appropriate location would be to convert one of the parking bays adjacent to the CCTV column within the car park. The facility is being provided on land within the ownership of Ayrshire Roads Alliance who would be responsible for the on-going maintenance of the infrastructure and the Applicant has agreed to meet the costs in this respect. Should Members choose to grant consent, then it would be appropriate to withhold the planning decision notice until this contribution has been received as the applicant wishes to provide the cost for this charging point upfront rather than await the conclusion of a legal agreement.

28. Ayrshire Roads Alliance (Flooding) advise that, following discussion with the developer and submission of the Drainage Statement, they have no objections to the proposed development.

SEPA and Ayrshire Roads Alliance (Flooding Section) have been consulted and have no objections to the proposed development.

29. Ayrshire Roads Alliance (Internal Development Layout) has no objections subject to comments that the internal layout has been discussed with the applicant and would appear to be adequate particularly with respect to parking provision and it is expected the internal roads and parking arrangements would be subject Road Construction Consent at a later stage. There is a requirement for a Construction Traffic Management Plan as the applicant proposes to undertake the development of the site in phases starting with the new roundabout in the Dunlop Road.

Should Members decide to approve this application, it is recommended that a planning condition be incorporated requiring that a Construction Traffic Management Plan be approved by the Planning Authority prior to commencement of the development on site.

30. East Ayrshire Council Environmental Health Service advise that the Service has considered the Acoustic Report accompanying the application and that they are satisfied that the mitigation measures proposed by the applicant should be sufficient to preserve residential amenity at the proposed properties. The following comments have also been made in relation to the application: -

1. Noisy work on the site during construction should be restricted to 7am to 7pm Monday to Friday, 8am – 1pm on a Saturday, and no noisy work on a Sunday. 2. Noise from the works during construction should at no time cause the underlying background noise level LA90(1hour) to rise by more than 3dB(A) at the nearest noise sensitive location.

3. Suitable dust suppression measures should be introduced where appropriate during the construction phase. 4. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning. 5. All drainage should be completed to the satisfaction of SEPA and/or Scottish Water.

The Acoustic Report has highlighted that there is potential for noise to arise due to the close proximity of the aggregate business and plant hire to the north of the site and which will impact on proposed residential properties along the north eastern boundary. The Applicant has proposed an acoustic barrier comprising 2.5 metres high acoustic fence and incorporating bunding along part of the north western boundary for those properties in close proximity to the noise sources. The Council’s Environmental Health Service were also consulted on the provision of the cycle path along the north and western boundaries of the site and on the revised proposals for the acoustic barrier and have confirmed that the revised arrangements as detailed in Plan PL-01 Rev F are acceptable.

Should planning consent be granted conditions can be incorporated to ensure that details of the boundary treatments and landscaping, including the acoustic barrier be approved by the Planning Authority prior to commencement of development. Point 1 can be subject to a condition covering standard hours of operation of the site although in general terms noting the boundary onto existing residential properties it is considered that a 7am site start would not be appropriate and that there should be no work on a Sunday. The remaining points can be addressed by advisory notes noting that the Environmental Health Service have their own legislative powers relating in particular to noise, construction waste and dust.

31. East Ayrshire Council Contaminated Land Officer - has no objections in principle to this development proposal, having reviewed the Mason Evans report (April 2015) on site investigations at Dunlop Road, Stewarton the following comments have been made: The report has identified an elevated concentration of Benzo a Pyrene in the vicinity of Trial Pit (TP) 36 and has recommended that gardens and areas of soft landscaping in the vicinity of TP36 are capped with 650mm of inert material to prevent exposure to contaminants in the soil. On completion of these remedial works (and prior to site occupation) a verification report should be submitted detailing all remedial actions which were carried out at the site. Should planning consent be granted conditions can be incorporated to ensure that a verification report on the remediation works be submitted prior to site development.

32. East Ayrshire Council Education Service has no objections to the proposed development and confirms that the service has an obligation to provide services including educational provision in line with legislative requirements and the development of additional housing within this area would not impact on the requirement for delivery. The current Education Service within Stewarton would have the capacity to make provision for any additional children requiring education.

Noted.

33. The East Ayrshire Leisure Trust has commented that the developer is now providing a component of the cycle route within this development and have removed their objection relating to the non-provision of a section of cycle route within the development. They are content with the line of the cycle route, specification and delivery phasing as detailed on the

amended plans. The Trust have requested that the delivery and phasing of the cycle route be conditioned within any approval for this development. It is understood that the developer will construct the cycle route to an adoptable standard for subsequent adoption and maintenance by Ayrshire Roads Alliance – this agreement should also be conditioned within any approval for this development.

34. With regard to the proposed open space provision, based on the standards for quality open space/population which have been adopted under the Green Infrastructure Strategy, this new development would increase the open space requirement in Stewarton resulting in a recommended open space requirement of 38.7 hectares. The current requirement based on existing population estimates is 34 hectares. The current quality open space provision in Stewarton is 36 hectares. This development without adequate provision of open space would lead to a deficit in Stewarton of 2.7 hectares.

35. Given that this development is only providing 58% of the required open space, it would only add an additional 1 hectare to the overall open space provision resulting in a deficit of open space in Stewarton of 1.7 hectares. However, the provision of the cycle route contributes significantly to the implementation of the Stewarton Green Network Action Plan, which could be difficult to achieve without this development.

In relation to open space provision, the applicant has met the Adopted Local Plan 2010 minimum standards but is 2,216 square metres short of the minimum standards within the Proposed Local Development Plan as discussed further in Sections 63 and 84 of this report. Given the high quality of the open space proposed, it is considered that the public open space requirements could be relaxed in this case as the applicant has agreed to provide a dedicated cycle path within the development in order to meet with the requirements of the Stewarton Place Making map and to maximise the benefits gained from the open space element of the new development. This will maximise the compensation being provided for the loss of the existing area. It is noted that Ayrshire Roads Alliance will adopt the cycle route, subject to Roads Construction Consent (RCC) approval.

36. Scottish Water was consulted on the application and has not responded at the time of writing the report. Notwithstanding this, the applicant has provided correspondence dated 28 September 2015 from Scottish Water which stated its commitment to working with the developer to ensure that investment in infrastructure can accommodate this development. Plans to mitigate any network constraints have been submitted by the developer who has acknowledged that they are responsible for any costs associated with Part 3 investment.

Noted.

37. Scottish Natural Heritage (SNH) was consulted on the ecological report submitted by the applicant and have confirmed that in terms of the Bat Conservation Trust, Good Practice Guidelines, 2nd Edition, 2012, a survey of the trees based on the BCT categorisation would effectively enable all low risk trees to be felled normally and only high risk trees would require special felling techniques and the input from an onsite bat specialist. That input from SNH should only be required should the bat specialist identify any “category 1” trees which would require to be felled under licence. SNH have also commented that the conditions proposed by the Planning Service requiring a breeding bird survey, the applicant to undertake measures to protect safety of badgers and vegetation clearance works appear to be effective.

Should planning consent be granted condition(s) can be incorporated to ensure that the impact on wildlife is minimised during construction works on site.

38. Ayrshire Scottish Wildlife Trust has advised of their significant concerns of the impacts of the proposed development:

1. The development borders on to a Wildlife Site recognised by East Ayrshire Council. While it does not encroach on to the Wildlife Site itself it is likely that the proximity of this number of houses will have a detrimental effect on the woodland through increased access and, probably, dumping of garden waste etc. 2. The Ecological Assessment for the site stated that it would be desirable to carry out both bat and breeding bird surveys. This does not appear to have happened and this makes it impossible to accurately predict any impacts. Given that Woodcock (Red List), Snipe and Reed Bunting (both Amber List) are present, a breeding bird survey would seem essential. In addition, the Phase 1 Survey was carried out in March which meant that it could not identify any significant plants. 3. Green infrastructure, including hedges, should avoid the fragmentation of habitats and increase connectivity across the site for the movement of plant and animal species. The proposal states that native species should be used and that wild flower areas should be planted. While this is to be commended it should be noted that all planting material should, whenever possible, be of local (or at least Scottish) provenance. In relation to point 1 this can be addressed by an advisory note. In relation to points 2 and 3, appropriate conditions would be incorporated in order to minimise the impact on wildlife during construction, should Members decide to approve the application.

39. Kilmarnock & District Access Panel (North) has no objection to the proposed development subject to the comment that dropped kerbs will be made available at crossings.

It is noted that this is a requirement under any Roads Construction Consent application and will be considered by the Ayrshire Roads Alliance. 40. Stewarton Community Council has no objections to the overall proposals but advises its concerns about the road link between the existing Taylor-Wimpey housing accessed from Dalry Road which will only encourage additional vehicular traffic through from the Taylor- Wimpey development to Dunlop Road (avoiding the present route though the town centre to Dunlop) to the detriment of the local community environment there. The community council advise that they can see the reasons for such an alternative route e.g. for emergency vehicles. At the applicants PAC presentation the community council note they were assured that the proposed route through both developments would be constructed in such a way that large vehicles would not be able to negotiate this route due to the configuration of said route. However, it is still open to an increased flow of cars, vans, etc. They presume that the road layout will still accommodate council waste collection, removal vans and similar. The link point was initially created as a closed turning point as formed elsewhere in the existing Taylor-Wimpey housing layout. The Community Council have been made aware of the aim of the Local Woodlands Trust to try to create a footpath around the development site linking existing footways with the Dunlop Road. A footpath link between Stewarton and Dunlop has been an aim now for many years and would be in accord with the council’s own policy aims to widen countrywide access between adjacent local communities. With the co-operation of the developer this could be achieved for both

Stewarton and Dunlop communities and such a new walk/cycle route would indeed be a noteworthy addition to the local environment.

Ayrshire Roads Alliance has not objected to the proposed development on roads safety grounds and the applicant is proposing the cycle path be provided in the revised plans submitted.

REPRESENTATIONS

The original Neighbour Notification period ended on 21 August 2015 and the public advertisement ended on 22 August 2015. Following submission of amended plans, the application was re-advertised and neighbor notification re-issued. The period of re-advertisement in the local press ended on 19 December 2015 and re-notification to objectors and neighbours ended on 21 December 2015.

41. The application was subject to neighbour notification and also public advertisement. 48 parties have submitted representations objecting to the proposals including a petition from Manor Gardens Residents Association with 91 signatories. A summary of the objections are as follows:

42. The proposed houses at 228 are excessive in number, exceeding the 130 allocated within the proposed local development plan by 75% and is significantly contrary to the development plan and that there are no material considerations for approval of the application.

Objections were received to the wording of Policy RES1 as a result of the consultation process on the Proposed Local Development Plan which relate to the inclusion of indicative capacities for housing sites. It was confirmed at the Council meeting on 23 September 2015 that it is not the Council’s intention through RES1 to restrict the capacity of housing developments to the figures set out in Volume 2 of the plan. The indicative capacity figures are given as a notional guide to the numbers of houses that a site may be capable of accommodation. It is accepted that this will be subject to change through the planning application process. Therefore, this does not preclude the applicants from submitting this planning application where the proposed residential units are higher than the indicative figure.

The Adopted Local Plan and the Proposed Local Development Plan set out an indicative capacity for the identified residential development site of 130 units. In principle, the increased residential units can be accommodated within the larger site. It is considered that the size, scale, layout and design of the proposed development will enhance the character and amenity of the area and create a clear sense of place. Overall, the scale of the development is considered to be appropriate to the site notwithstanding that a greater number of houses are proposed than the indicative capacity.

Each application is assessed on its own individual merits unless material considerations indicate otherwise. There are material considerations where an acceptable departure to Policy INF4 and Schedule 8 and Policy INF6 can be justified as detailed in the section on Material Considerations.

43. The proposed development does not comply with Policy RES 3 affordable housing of the proposed local development plan 2015.

It is noted that the applicant has not provided affordable housing as required by Policy RES 3. As a result of the unresolved representations to site 356H to the Proposed Local Development Plan, more weight shall be given to the Adopted East Ayrshire Local Plan 2010 in the determination of this application in respect of this matter. As there is no affordable housing policy within the Adopted Plan and there are unresolved objections, no significant weight can be afforded to Policy RES 3 in the determination of this application.

44. If this application was approved, it would be building on safeguarded open space and it would prohibit any future expansion or improvement of facilities at Cocklebie Park.

The Adopted East Ayrshire Local Plan 2010 details Stewarton development opportunities and proposal 69 states that the Council will, subject to the necessary finance being made available, provide a new sports hall at an appropriate location in Stewarton and expand and develop the recreational facilities at Cocklebie Park, with the provision of new playing fields on an adjacent site. The Council has already provided the sports hall for Stewarton. It is noted that the proposed development will result in a loss of an area of safeguarded open space which is currently unused. The proposed development is providing an alternative area of open space nearby which is of a higher quality and will provide recreational facilities for residents both within the new development and those in the wider area.

Given that the development is providing higher quality open space within close proximity to the safeguarded area being lost, it is considered that, overall, there is unlikely to be an unacceptable loss of safeguarded open space.

45. The development will result in a significant increase in traffic with between 400- 500 vehicle movements through a quiet residential area and will bring noise and disturbance to residents with the creation of a town centre bypass for traffic avoiding Stewarton Cross. The lights at Stewarton Cross are already at capacity and this development will not improve the situation. Eglintoun Road is not a through road and by opening up access, the developers are prioritising the use of motor vehicles over the use of pedestrians or cyclists and is contrary to SPP Designing Streets. The proposed development will have an adverse effect on road safety.

The Ayrshire Roads Alliance (ARA) has considered the application and undertaken a detailed assessment of the site as part of the process of including the inclusion of the site in both the Adopted Local Plan and the Proposed Local Development Plan. The ARA has also considered the Transport Assessment which accompanies this planning submission and the ARA has confirmed that the signalised junction at Stewarton Cross operates within the maximum desirable capacity levels during both AM and PM peak periods and have not indicated any objections to the proposed development either on road capacity or road safety grounds.

In relation to noise and disturbance, the Council’s Environmental Health Service has not objected to the proposed development.

The adjoining completed residential development by Taylor Wimpey for 75 dwellinghouses pre-dated Scottish Planning Policy Designing Streets and established that further housing release would utilise the upgraded roundabout on Dalry Road and take access from a continuation of Eglintoun Road. The proposed development is compliant with Designing Streets noting that the design and layout

places emphasis on pedestrian and cyclist movement and connectivity to the wider path network within Stewarton. Other infrastructure, emphasises connectivity with the existing bus service on Dunlop Road and provision of the electric vehicle charging point are all examples of reducing reliance on private transport.

46. As a result of this development, construction traffic will cause inconvenience for existing residents due to HGV traffic passing through making deliveries and leaving filthy streets.

The Ayrshire Roads Alliance has advised that a Construction Traffic Management Plan is required and this matter can be conditioned. Should Members decide to approve this application conditions are recommended to address matters such as hours of operation on site during construction, construction traffic/machinery/equipment be parked at all times within the application site and that access roads shall be kept clear of mud and debris during the period of construction works.

47. The development will cause additional pressures on already stretched local amenity and facilities and will impact adversely on education provision within Stewarton.

The Council’s Education Service has confirmed that there is sufficient capacity to accommodate additional children requiring education as a result of this application. The impact on schools and local services has also been considered as part of the preparation of the Proposed Local Development Plan and is therefore not of sufficient weight to warrant refusal of the application.

48. There will be an adverse impact on child safety at the Eglintoun Road playpark as a result of traffic accessing the proposed housing site and the secondary access should be restricted to pedestrians, cyclists and emergency vehicles.

The Ayrshire Roads Alliance has not indicated in their response any objection on road safety grounds and has advised of the requirement for a Construction Traffic Management Plan. This matter can be conditioned should Members choose to grant consent.

49. There is no provision for pedestrian/cycle connectivity.

Following discussions with the developer, this has resulted in the inclusion of a cycle path linking the site to the wider network and the Ayrshire Roads Alliance has no objection in this respect.

50. Part of the proposed development is historically wet and any blockage of the drain installed by Taylor Wimpey will impact on the drainage of an objector’s garden. There is the potential to create areas of standing water and the possibility of overflow and smell from the SUDS scheme.

Whilst noting that the respondent has raised matters outwith the current site, the treatment of drainage and surface water within the site has been considered by SEPA and Ayrshire Roads Alliance (Flooding Service) who have not indicated an objection to the proposed development. There is a requirement for a condition that all drainage and surface water be to the satisfaction of the Ayrshire Roads Alliance (Flooding Service), SEPA and Scottish Water prior to the occupation of any dwellinghouse, should Members choose to grant consent.

51. The wildlife in the area is likely to be impacted by construction of this proposed development in particular the bats, birds and other amphibians and animals that inhabit this area.

The application is supported by an ecology study and SNH and Scottish Wildlife Trust have been consulted on the application to ensure that local wildlife has been considered prior to any decision being taken on the application. There is a requirement for appropriate conditions regarding bat and bird surveys and the timing of ground clearance works should Members choose to grant consent.

52. There is a screen of mature trees on the west and north boundaries of Cocklebie Park that could be destroyed by the applicant and this should be protected from being felled.

The applicant has confirmed the intention that no trees will be felled on the eastern and northern boundaries of the existing recreational area as these are either outwith the site or can be accommodated within back gardens of the proposed development. As a result of the construction process, the development will result in the removal of a belt of sapling trees which run across the site. There are also trees present on the north-western edge as they form a proposed landscape buffer which will be retained. There are no Tree Preservation Orders in force on the site and theoretically the Planning Authority’s consent would not be required to remove these trees. There is a requirement for a condition to ensure that the root plates of those trees being retained are protected during construction, should Members choose to grant consent.

53. A 5 metre planting to strip was proposed for the western edge of the development boundary and this has been eroded with the proposed cycle path as the installation will significantly reduce the screening effect from both a visual and noise point of view. It also does not provide adequate habitat for animals that will be displaced due to the clearance of the current trees. The provision of a cycle path represents a security risk to my property as it is providing easy public access down the side of my property.

The Council’s Environmental Health Service were consulted on the revised proposals for the acoustic barrier due to the provision of the cycle path along the northern and western boundaries of the site and have confirmed that the revised arrangements as detailed in Plan PL – 01 Revision F are acceptable.

In relation to the impact on wildlife during construction, the application is supported by an ecology report. SNH and the Wildlife Trust Group have not indicated their objection to the proposals, noting that appropriate conditions can be attached to the decision so that the impact on wildlife during construction can be kept to a minimum.

The proposed cycle path will result in the loss of the 5 metre planting strip originally proposed on the western boundary, however, the applicant can be required by planning condition to submit details of the landscaping in western boundary, should Members choose to grant consent. In relation to the security concerns raised there is currently a 2 metre high timber close boarded fence defining the western boundary of the site from the turning point on Eglintoun Road to the adjacent field to the north. The site layout proposals submitted by the applicant do not indicate that this existing boundary treatment will be removed as a result of the cycle path. It is considered that the applicant can be required by condition to submit details of a design of fence that meets the Secured by Design principles of ‘designing out crime’ on the boundary with dwellinghouse number 51 Eglintoun Road should Members choose to grant consent.

54. Residents who own the playpark at Eglintoun Road have not been neighbour notified.

The statutory notification and advertising requirements have been met out for the application and following the receipt of amended plans by the Planning Authority. Where there is land to which a notification cannot be posted within the notifiable distance, then an advert is placed in the local press. The application has therefore been neighbour notified and advertised accordingly.

55. The proposed development will impact on the residential amenity of existing houses and the proposal is contrary to Policy RES22 of the Adopted EALP as the scale of the housing and subsequent traffic effects will have a clear detrimental effect on the immediate amenity.

The layout and proximity of the proposed dwellings are not considered to impact on the natural daylighting to any existing houses bounding the site on Jamieson Place and Kinloch Avenue. In terms of privacy or overlooking there are no concerns that would warrant refusal of this application. The amenity of the site is supported by a Transport Assessment which the Ayrshire Roads Alliance has considered. Overall, the residential use of the site will not affect the surrounding area in terms of amenity, noting that the surrounding uses are primarily residential. If Members choose to approve the application, appropriate conditions regarding hours of site operation; a construction transport management plan, that construction materials/equipment/vehicles be stored within the site; keeping the roads free of mud and debris and boundary treatment; can ensure that the proposal is undertaken with due regard with the terms of Policy RES22.

56. The Manor Gardens site is less densely packed than the current application and the proposed development is not in keeping with the character of the local area and is contrary to Policy RES 1 of the Adopted EALP.

The current proposal provides a range of housing types i.e. the residential units are either detached, semi-detached or terraced, which will offer a choice to the housing market. The density proposed is considered appropriate in light of an assessment of the proposed development against the relevant policies of the Adopted Local Development Plan and the Proposed Local Development Plan. In particular, as an identified development opportunity site, the proposal is considered to be consistent with Policy RES1 as it is for housing purposes and the development is being phased in 5 stages.

57. The plans submitted by the Applicant are short on detail of any children’s play areas given that there is only one small play area in the vicinity situated in Manor Gardens.

Two areas of open space in the north-west and west of the site have been designated by the applicant as being equipped play areas. There is a requirement for a condition to have suitable play equipment approved by the Planning Authority and thereafter provide the equipment on site, should Members choose to grant consent.

58. The Applicant is not making a contribution to roads infrastructure.

The Applicant has agreed to make an upfront developer contribution payment involving the upgrading of the B778 Fenwick to Stewarton Road as requires by Policy RES29 of the East Ayrshire Local Plan 2010.

ASSESSMENT AGAINST DEVELOPMENT PLAN

59. For the purposes of the application the development plan comprises the Approved Ayrshire Joint Structure Plan (2007) and Adopted East Ayrshire Local Plan (2010).

60. There are, however, no specific policies in the Structure Plan with regard to the determination of this application noting that the site lies within the settlement boundary of Stewarton.

61. The application therefore shall be assessed against the Adopted East Ayrshire Local Plan.

East Ayrshire Local Plan 2010

62. Policy RES 1 states that the Council will encourage and support the residential development of those Development Opportunity Sites identified for housing purposes on the individual local plan maps. The sites identified will be specifically reserved for residential development at the indicative capacities indicated, with development taking place in line with any phasing programme described in the plan, or such other programming as may be agreed for the sites in question.

The Council will particularly encourage and support the development of housing sites which provide an appropriate and diverse range of housing types and tenures, catering for various segments of the housing market and meeting a range of different housing needs. Mixed use proposals, providing housing development along with other sympathetic associated development, such as local retail units and leisure and recreational uses, will be particularly supported by the Council, in appropriate locations.

The majority of the site is located within an identified Development Opportunity Site with an indicative capacity of 130 residential units. The development proposes an additional 98 residential units. The proposed application site is larger than the allocated Local Plan site as it includes an area of protected open space which is outwith, but directly adjacent to the site. In principle, the increase in residential units can be accommodated within the larger site, noting that consultees have no objections to the proposed development in respect of the additional 98 residential units. The Adopted Local Plan indicates that the development site be phased with some 100 programmed for development prior to 2017 with 30 houses programmed for development post 2017. The applicant has stated that the development will be carried out in 5 phases. The current proposal provides a range of housing types e.g. the residential units are either detached, semi-detached or terraced which will offer a choice to the housing market, noting that the site is not adjacent to an existing conservation area, the design requirements can be less onerous. As the proposal is for housing on an identified development opportunity site and development is being phased, the proposal is consistent with Policy RES1.

63. Policy RES23 states that the Council will require all housing developers to provide areas of recreational and amenity open space as an integral part of their development proposals and to ensure that the location of all such areas is addressed as a primary consideration in the preparation of any housing layout design. All open space, and particularly those areas of open space containing play equipment, should be located in accessible positions which are centrally located within the housing layout and open to public view. The provision of public open space in peripheral, backland locations will not be considered acceptable.

Developers are also required to ensure that the design of all open space is to the highest possible standards and to make provision for the future maintenance of these areas, once formed, to the satisfaction of the Council. In preparing their proposals, developers should have regard to the interim guidelines in Schedule 4. The precise type, size, location and design of the open space will, however, be dependent on the extent of existing open space provision in the vicinity and the recreational and amenity needs of the wider area. Prospective developers are advised to consult fully with the East Ayrshire Leisure Trust in this regard, prior to formulating their development proposals.

As a result of provision of the high quality open space and play/recreation areas which are in a central location and overlooked and with the addition of the cycle path, the proposal is consistent with the open space provisions of Policy RES23.

64. Policy RES24 seeks to ensure that areas of new public open space are well designed and linked to existing footpath networks where available.

The main areas of public open space are centrally located and are readily accessible from the footpath network being provided within the development. There are also links to existing footpaths to the west, south and east of the site. The proposal is consistent with Policy RES24.

65. Policy RES 26 states that all developers of new housing developments should have regard to the private open space guidelines in Schedule 5. These may be relaxed where the Council is satisfied that relaxation is justified.

Schedule 5 recommends that 60% of the plot area should be reserved as private open space and that a proportion of all private open space should be secluded. As a guideline, Schedule 5 recommends that detached properties with four bedrooms or less should be provided with secluded garden ground amounting to 1.5 times the footprint of the dwellinghouse (minimum 100 square metres) and dwellinghouses with more than four bedrooms should have a minimum of 150 square metres of secluded garden. In all cases, the proposed plots meet or exceed the size of private garden ground recommended in Schedule 5 and the proposal is consistent with Policy RES26.

66. Policy ENV9 states that the Council will actively encourage and demand the highest possible standards of design and developments which do not meet this standard may not be supported by the Council.

The architectural style, scale and massing are similar to existing residential developments within the immediate area, noting that the site is not within or adjacent to a Conservation Area and the design standards can be relaxed. It is considered that the design and landscaping of the site are of suitable quality. The layout incorporates, internal roadways, footpaths, cycle path and appropriately sited public open spaces. As such the proposals are considered to be of a suitable high quality and are consistent with Policy ENV9.

67. Policy RES29 states that where a development of 4 or more houses, either on its own, or in association with existing developments, will place additional demands on community facilities or infrastructure that would necessitate new facilities or exacerbate deficiencies in existing provision, the council will require the developer to meet or contribute to the cost of providing or improving such infrastructure or facilities. Contributions will relate to the

development concerned, including in nature, scale and kind. Where these cannot be secured by planning conditions or other appropriate means, the council will expect developers to complete a section 75 or other legal agreement. Contributions sought under this policy will be waived or reduced only in exceptional circumstances – for example, where a developer demonstrates that a development would have exceptional development costs, would bring particular economic, social or other benefits, or is ‘enabling development’ as defined in the plan.

This development is required to make the following contribution under policy RES 29: -

Corridor Wide £667 per unit Up-grading of B778 Fenwick to Stewarton Road £379 per unit Admin Fee £60 per unit Total per unit £1,106 per unit

£1,106 x 228 units = £252,168

The applicant has agreed to meet the full costs of the developer contribution in advance of the planning permission being issued if Members wish to approve the application. There will be no requirement for a Section 75 Legal Agreement. Therefore, the proposal is consistent with Policy RES 29. In relation to the corridor wide investment this includes improving sport facilities within Stewarton which has been provided by the council with Stewarton Sports Centre now operational.

68. Policy T3 states that the Council will require developers, in formulating their development proposals, to ensure that their proposals meet all the requisite standards of the Council as roads authority. Developments which do not meet these standards will not be considered acceptable and will not receive Council support. In addition, developers should ensure that their proposed developments:

(i) are closely linked to existing and proposed public transport networks;

The proposal will provide bus stops, shelter, signage and an electric vehicle charging point to reduce reliance on journeys by private vehicle, promoting connectivity with existing public transport networks.

(ii) incorporate, where necessary and practicable, clearly signposted and well-lit footpaths and cycle routes between the development and existing or proposed local community and other facilities, transport interchange points and nodes etc.;

The proposal provides footpaths and a cycle path promoting connectivity with existing residential areas and to the wider cycle path network.

(iii) incorporate all necessary measures to minimise pedestrian and vehicular conflict;

The proposal provides footpaths, narrow internal roads and cycle paths which Ayrshire Roads Alliance have no objection to these measures.

(iv) incorporate appropriate traffic calming measures where considered necessary; and

The proposal provides traffic calming measures within the internal road layout and Ayrshire Roads Alliance have no objection to these measures.

(v) incorporate adequate disabled parking and parking for bicycles as considered appropriate.

It is noted that Ayrshire Roads Alliance have not required public disabled parking to be provided within this development and have not required parking for bicycles to be provided.

The Council will require residential developers whose developments are likely to generate substantial numbers of journeys to make financial contributions towards:

 helping meet the identified transport requirements and needs of users of the developments concerned; or  the development of new community transport initiatives required to address the direct or cumulative impact of the proposed development.

Developer contributions will be required by means of a Section 75 Agreement between the applicant and the Planning Authority as set out in the Council’s Supplementary Planning Guidance regarding these matters.

The Ayrshire Roads Alliance has no objection to the proposed development and have advised that the amended plan detailing the cycle route is acceptable. The applicant will provide the transportation infrastructure required by the Ayrshire Roads Alliance and has agreed to meet the costs in a single up-front payment in respect of the request from the ARA to provide a charging point for an electric vehicle. In this instance a Section 75 Agreement is not required. For the reasons given above, the proposed development is considered to be consistent with the requirements of Policy T3.

69. Policy CS6 states that there will be a presumption against development on those safeguarded areas of public and private recreational or amenity open space as identified on the Local Plan maps. However, the following types of development within these areas may be considered appropriate, subject to compliance with all appropriate Council Development Management and Design Guidance:

(i) laying out of new playing fields, bowling greens, putting greens; (ii) creation of all-weather sports facilities; (iii) creation of new children’s play areas; (iv) development of pavilions or other ancillary facilities to serve any existing or proposed outdoor sport and recreational activities in the area; and (v) development of small scale, purpose built indoor sporting and recreational facilities designed specifically to cater for the needs of local residents. (vi) development of any public realm features and facilities, particularly including those promoting and interpreting the local heritage, designed specifically to complement and enhance the environmental and visual quality of those areas of public open space safeguarded for their amenity value’.

The planning application proposes development on an area of safeguarded open space. None of the above criteria are applicable in this instance and an assessment against the provisions of Policy CS7, below, is required.

70. Policy CS7 states that the development of both private and public recreational or amenity open space specifically safeguarded in the local plan, for purposes other than those described in Policy CS6 above, will be permitted only in exceptional circumstances where:

(i) the retention or enhancement of the facilities can best be achieved by the redevelopment of part of the site and where the development would not adversely affect the overall recreational and amenity value of the site itself; or

Not applicable.

(ii) alternative provision of equal community benefit and accessibility can be made available within close proximity to the site; or

The development provides alternative open space nearby which is of a higher quality and is more accessible to residents both in the new site and to those in surrounding residential areas.

(iii) there is a clear excess in the provision of recreational or amenity open space in the wider area which is capable of meeting current and anticipated demand, and where the site in question could be developed without detriment to the overall quality of that provision.

Not applicable.

Any proposed new development within these areas will be required to meet the provisions of all other relevant local plan policies.

For the above reasons, the proposal is consistent with Policy CS7.

71. Policy ENV10 relates to design statements and states that the Council will, at its discretion, require developers to accompany their planning applications with formal design statements in line with the provisions of PAN 68: design statements. If an applicant fails to produce a design statement on request, or if a submitted statement is considered below standard, the Council may determine to refuse the application it relates to on design grounds.

The applicant has submitted a Design Statement in support of this application. The proposed design of the scheme is considered acceptable and consistent with Policy ENV10.

72. Policy ENV13 states that the protection and enhancement of areas of nature conservation interest within the Local Plan area will be achieved as follows:

(iii) development likely to adversely affect local nature reserves and provisional wildlife sites and Regionally Important Geological and Geomorphological Sites (RIGS) (see Appendix 2) will be resisted and all sites of recognised nature conservation value will be safeguarded whenever possible. Where development is approved for such sites, the developer will be required to carry out appropriate measures to conserve and manage, as far as possible, the biological or geological interest of the areas concerned and to provide for replacement habitats or features where damage is unavoidable.

The proposed site is adjacent to Hillhouse and Water Plantation Provisional Wildlife site. The application is supported by an ecological survey. Scottish Natural Heritage

(SNH) and Ayrshire Scottish Wildlife Trust Group have been consulted on the application. Subject to appropriate conditions and advisory notes to address the matters raised, the proposal is consistent with Policy ENV13.

73. Policy ENV21 states that the Council will ensure that all new development proposals:

(i) are free from significant flood risk from any source; (ii) do not themselves materially increase the probability of flooding elsewhere; (iii) do not add to the area of land which requires protection by flood prevention measures; (iv) do not take place on, or affect the ability of functional flood plains to attenuate the affects of flooding by storing flood water; (v) do not compromise major options for future river management; (vi) do not give rise, through the introduction of necessary flood prevention measures, to any deterioration in the ecological status of the particular watercourse or body affected by the development; and (vii) meet all of the relevant provisions of Scottish Planning Policy (SPP), including the requirements of the Risk Framework detailed in the document.

Land raising, with compensatory storage, which permanently elevates a site above the functional flood plain of a water course, or elsewhere where flooding is an issue, will not generally be considered appropriate.

Developments which do not meet these requirements will not be supported by the Council. However, developments in the undeveloped functional flood plain could be considered acceptable in certain circumstances where a development location is essential for operational reasons and a lower risk location is not achievable, and for some recreational, sporting, amenity and nature conservation uses.

SEPA and the Ayrshire Roads Alliance (Flooding Section) have been consulted and have no objections to the proposed development. The proposal is consistent with Policy ENV21.

74. Policy ENV22 states that the Council will require any developer wishing to develop land which is located in areas identified as being at ‘medium to high’ flood risk (1:200 or greater annual probability of watercourse flooding) or which has been known to flood in the past, the proposal first having satisfied the provisions of Policy ENV 21, to fully investigate the implications of flood risk on their proposals and on adjoining land and property upstream, downstream and directly adjacent to the proposed development. A precautionary approach to new development, to err on the side of caution in decision making where flood risk is an issue, will be pursued by the Council with regard to development in such areas.

Developers are expected to incorporate appropriate flood prevention and flood management measures into the design of their proposals so as to remove or mitigate any adverse effects from flooding that may be experienced. In this regard, developers should give consideration to the contribution that sensitively designed Sustainable Drainage Systems (SUDS) can make in offsetting any flood risk posed by their developments and to avoid the culverting of water courses unless there is no possible alternative. In addition, the Council will generally be supportive of measures to open up existing culverts as a means of reducing flood risk.

Developers will be expected to enter into agreements with the Council under Section 75 of the Town and Country Planning (Scotland) Act 1997, to provide and finance any necessary flood prevention infrastructure that may be required in association with their proposed developments.

The Applicant has incorporated a sustainable urban drainage system (SUDs) to convey water run off to a below ground attenuation storage area located on the eastern boundary of the site with Dunlop Road and has submitted a flood risk assessment (FRA) and Drainage Statement. Both SEPA and the Ayrshire Roads Alliance (Flooding Section) have been consulted and have no objection to the proposed development and the proposal is consistent with Policy ENV22.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

75. The principal material considerations relevant to the determination of this application are: Scottish Planning Policy (SPP) and Designing Streets/Designing Places, Proposed Local Development Plan, the impact upon the amenity of the area, the consultation responses received, letters of representation and planning history.

Scottish Planning Policy

76. The Scottish Planning Policy was published in June 2014 and states that its purpose is to set out national planning policies which reflect Scottish Ministers priorities for the operation of the planning system, promoting consistency in the application of policy. The SPP states that the development plan is the statutory basis for decision making and that the planning system should take a positive approach to enabling high-quality development and making efficient use of land to deliver long-term benefits for the public while protecting and enhancing natural and cultural resources.

The proposed development incorporates a Development Opportunity Site within the East Ayrshire Adopted Local Plan which promotes residential use. The site layout and range of residential properties that are proposed are also in accordance with the Development Plan and the scheme overall should deliver a high quality development which widens the range of accommodation available in Stewarton in accordance with the SPP.

The development incorporates 5 areas of green infrastructure with a central rectangular high quality open space overlooked by housing. As discussed previously, the proposal does use existing safeguarded open space which is not currently used for agricultural or recreational activity, noting that the area is identified for development of recreation facilities subject to funding becoming available. The development seeks to provide high quality compensatory open space which will be accessible to residents and to the wider community of Stewarton and it is considered there will be there will be no unacceptable loss of open space which is in accordance with SPP.

The transport & access layout details the new access routes and internal roads for the development. The layout of these routes is designed to be on the basis of a road/footway pattern with emphasis on servicing the residential properties. The revised layout plan submitted by the applicant indicates an off road walking and cycling route connecting to the wider Stewarton network which meets the requirements of SPP in terms of promoting walking and cycling for both active travel and recreation. The provision of other infrastructure such as bus stops and electric vehicle charging point is also in compliance with SPP to support sustainable travel and facilitate travel by public transport. The applicant has submitted a Transportation Assessment which has been assessed by Ayrshire Roads Alliance and is in accordance with SPP.

Designing Streets/Designing Places

77. 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. It should also be noted that one of the principles of Designing Streets is that the Roads Construction Consent be considered in parallel with planning considerations and Ayrshire Roads Alliance have been consulted on the design layout of the site and will consider relevant matters at the RCC stage .

The proposed development is in accordance with these policies noting that the proposal will create a distinctive place due to the high quality layout of dwellings which will provide a range of house types compatible with the Stewarton and the wider area. The proposed development will provide a safe and pleasant area through the use of narrow roads and incorporating traffic calming which will minimise vehicle speeds. The proposed site is easy to travel to and move around, as access has been considered to the east whilst also utilising the previously planned access to the south west from Dalry Road. Within the site, pavements will promote pedestrian mobility and also the provision of a cycle path on the western and northern boundary will provide connectivity to the wider cycle path network for Stewarton and will allow the possibility of links to future areas of development, particularly cycling and footpath linkage to Dunlop. The proposal is considered to be welcoming as it incorporates landscaped areas and has large open space areas overlooked by residential dwellings. The provision of the high quality open space for recreational use, the two play parks, as well as walking and cycling will assist to promote interaction between neighbours and a strong sense of community. The proposed development is adaptive as footpaths link into the existing wider network which will provide flexibility and accommodate a variety of different means of journeys. The proposal is considered to be resource efficient as the applicant has reasonably provided a building design and site layout which aims to reduce overall energy requirements.

East Ayrshire Proposed Local Development Plan (LDP)

78. For clarity, whilst development proposals will continue to be assessed against the Adopted East Ayrshire Local Plan, the Council at its meeting on 23 September 2015 has now given authority for an appropriate and proportionate degree of weight to be given to the East Ayrshire Local Development Plan 2015 in the determination of planning applications. This is noting that from 27 October 2015, the Adopted East Ayrshire Local Plan (2010) will be 5 years old and less weight can be given to this plan and also noting that Scottish Planning Policy’s presumption in favour of sustainable development becomes a material consideration in the assessment of development proposals. Accordingly, more weight shall be given to the proposed East Ayrshire Local Development Plan.

79. Overarching Policy OP1 states that all development proposals will require to:

(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;

The proposed development complies with the provisions and principles of the LDP vision and spatial strategy; however, it is contrary to Policy INF 4 of the LDP.

(ii) Be fully compatible with surrounding established uses and have a positive impact on the environmental quality of the area;

It is considered that the proposed development is compatible with the surrounding uses and the layout of the site will have a positive impact on the environmental quality of the area.

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

It is considered that the size, scale, layout, and design of the proposed development will enhance the character and amenity of the area and create a clear sense of place.

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

The proposed development is on greenfield land although the site incorporates principally a Development Opportunity Site which is designated for residential development.

(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 master plan/design brief prepared for the site;

It is considered that the design of the proposed development is of a high quality and meets with the Council’s Design Guidance.

(vi) Prepare Master Plans/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;

The applicant has submitted a design statement alongside the planning application.

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

The applicant is providing a cycle path to the appropriate specifications which is in line with the Stewarton place-making map. The proposals are consistent with this policy.

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

The proposed development will result in the loss of an area of safeguarded open space. The area of open space in question comprises a field not currently used for any agricultural or recreational activity. Given that the development is providing higher quality open space within close proximity to the safeguarded area that is being taken-up, it is considered that, overall, there is unlikely to be an unacceptable loss of safeguarded open space.

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

Subject to conditions to ensure that construction activities have minimal impact on the wildlife, the proposed development links and integrates well with existing green infrastructure in the immediate vicinity of the site.

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

There are unlikely to be any detrimental impacts on landscape character.

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

Service providers were consulted on the site during consultation on the Proposed Development Plan and the Ayrshire Roads Alliance and SEPA have not objected to the proposed development.

(xii) Be accessible to all.

The Kilmarnock and District Access Panel (North) were consulted on the proposed development and in line with inclusive design, all public areas are accessible to all.

For above reasons, the proposal is consistent with Policy OP1.

80. Overarching Policy OP2 – Implementation of the Strategic Environmental Assessment (SEA) Environmental Report 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 356H Dunlop Road. In terms of the mitigation measures contained with the Environmental Report which Policy OP2 requires the applicant to address, it is considered that the applicant has incorporated all of these mitigation measures as far as can be reasonably expected. The proposal is consistent with Policy OP2.

81. Policy RES 1: New Housing Developments states that the Council will encourage and support the residential development of:

(i) Housing Development Opportunity Sites identified for housing purposes on the LDP maps at the stated indicative capacities. Ancillary, associated uses such as small scale retail for day to day purchases and leisure, recreational and community

facilities at a neighbourhood scale will also be supported in appropriate locations within new housing developments where they meet with all relevant LDP policies; and

The majority of the site is located within Site 356H, Dunlop Road Stewarton which has an indicative capacity of 130 residential units. The development proposes an additional 98 residential units (228 units in total). The proposed site is larger than the allocated Local Plan site as it includes an area of protected open space which is outwith, but directly adjacent to the site.

In principle, the increase in residential units can be accommodated within the larger site. In respect of the additional 98 residential units, the Education Service, the Ayrshire Roads Alliance and other infrastructure providers have been consulted and have no objections.

(ii) Gap, infill or other redevelopment sites within settlement boundaries where they meet with all other LDP policies and requirements.

Not applicable.

All new residential developments must contribute positively to the principles of good place making as set out in overarching policy OP1, the place making section of the LDP and the Council’s Design Guidance. Master plans/design statements will be required for those sites as indicated in Volume 2 of the LDP. Similarly, all new housing proposals will require to meet with the requirements of Policy OP2 by implementing the mitigation measures set out in the Environmental Report accompanying this LDP.

It is considered that the layout of the proposed housing development conforms to the principles of good place making as set out in Policy OP1. The applicant has also provided a satisfactory design statement in line with the requirement set out in Volume 2 of the LDP.

In terms of Policy OP2 the proposed development has been assessed against the Environmental Report of the Proposed Local Development Plan for site 356H Dunlop Road. In terms of the mitigation measures contained with the Environmental Report which Policy OP2 requires the Applicant to address, it is considered that the Applicant has incorporated all of these mitigation measures as far as can be reasonably expected.

Residential developments will require to meet with the Public and Private Open Space Standards set out in Schedule 8 of the LDP.

The proposed development does not provide the minimum amount of public open space. See response to Policy INF4 below.

It is noted that objections relating to the indicative capacities for housing sites were received to the wording of RES1 and do not fundamentally challenge the basis of the policy. However, it is not the Council’s intention through RES1 to restrict the capacity of housing developments to the figures set out in Volume 2 of the plan as the indicative capacity figures are given as a notional guide to the numbers of houses that a site may be capable of accommodation. It is accepted that this will be subject to change through the planning application process. As such, this does not

preclude the developer from submitting an application which proposes an additional 98 residential units.

For the above reasons, the proposal is consistent with Policy RES1.

82. Policy RES3: Affordable Housing states that the Council will require the provision of affordable 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;

The Council’s preference is that affordable housing will be delivered on site. However, where it can be conclusively demonstrated that this is not possible or feasible, off site provision may be considered acceptable. A commuted sum payment will be accepted only where all appropriate on and off site possibilities have been explored and full justification for them being discounted is provided.

It is noted that the applicant has not provided affordable housing as required by Policy RES3. As a result of the unresolved representations to site 356H through consultation on the Proposed Local Development Plan (which is currently being considered by the Reporter for the Scottish Government), more weight must be given to the Adopted East Ayrshire Local Plan 2010 in the determination of this application. As there is no affordable housing policy within the Adopted Plan and there are unresolved objections, no significant weight can be afforded to Policy RES3 in the determination of this application.

83. Policy INF2: Installation of Next Generation Broadband for New Developments states that Developers of new residential or business and industrial developments will be required to install the necessary infrastructure to enable all new premises to be connected to the existing fibre optic network, where available in East Ayrshire, and in accordance with the relevant telecommunications provider’s standards. Developers will be required to ensure that all new premises have a full fibre connection to the network ensuring that next generation broadband speeds of 100 Megabytes per second and above can be provided. Developers are encouraged to have early discussions with the relevant telecommunications provider when formulating their development proposals. The applicant is required to provide the necessary infrastructure to enable all new premises within the development to be connected to the existing fibre optic network within Stewarton in accordance with the relevant telecommunications provider’s standards. Subject to the requirement for a condition that details of the broadband infrastructure provision be submitted prior to commencement of development, the proposal is consistent with Policy INF2. 84. Policy INF4: Green Infrastructure states 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 Master Plan. The provision of centrally located and overlooked areas of public open space within the layout is to be welcomed and the applicant is now proposing to provide a cycle path and this can be included in the structure landscaping.

The applicant is required, as detailed within Schedule 8, to provide per household, 63 square metres of recreational open space (total of 14,364 square metres) and 20 square metres (total of 4,560 square metres) of amenity open space per household. This equates to an overall figure of 18,924 square metres of recreation and amenity open space.

The applicant has specified that there is 16,708 square metres of general open space within the development. Therefore, the public open space requirement is 2,216 square metres short of the minimum amount of recreational and amenity open space. The applicant is providing a dedicated cycle path within the development, it is considered that the public open space requirements could be relaxed in this instance and although still a departure can be justified, if Members choose to grant consent.

85. Policy INF5: Developer Contributions states that 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 or infrastructure that would necessitate new facilities or exacerbate deficiencies in existing provision, the Council will require the developer to meet or contribute to the cost of providing or improving such infrastructure or facilities. Contributions will relate to the development concerned, including in nature, scale and kind. Where these cannot be secured by planning conditions or other appropriate means, the council will expect developers to complete a Section 75 obligation or other legal agreement. Contributions sought under this policy will be waived or reduced only 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.

A list of projects to be funded by Developer Contributions can be found in Table 6 of the LDP and the Action Programme.

The East Ayrshire Local Plan 2010 identifies two projects within the ‘Glasgow Link Investment Corridor Settlements’ where developer contributions are sought being the provision of a new leisure facility in Stewarton and the up-grading of the B778 Fenwick to Stewarton Road. Funds continue to be required for the up-grading of the B778, however funds could also be used towards improvements to the civic space at The Cross in Stewarton, as outlined in Table 6 of the Proposed Plan, given funds for the provision of a sports facility have been achieved through previous Developer Contributions.

As a result of the unresolved representations to Policy INF5 in the Proposed Local Development Plan, more weight shall be given to the Adopted East Ayrshire Local Plan 2010 in the determination of this application. In respect of Policy RES29 of the Adopted Local Plan 2010 the applicant will meet the contribution requirements.

86. Policy INF6 – Safeguarded Open Space states that there will be a presumption against development on safeguarded open space with the exception of uses which are compatible with, and sympathetic to, the sporting and recreational use of the site itself. Any such development should not result in either a reduction or erosion of the site’s overall amenity

and recreational value or a deficiency of open space provision in the area or settlement concerned. Development which results in the partial or complete loss of areas of safeguarded open space will be acceptable only in exceptional circumstances where alternative provision of equal community benefit can be made available close to the site and where the proposal meets with the provisions of the Council’s Green Infrastructure Strategy.

East Ayrshire Leisure Trust have advised that based on the standards for quality open space/population adopted under the Green Infrastructure Strategy, this new development would increase the open space requirement in Stewarton resulting in a recommended open space requirement of 38.7 hectares. The current requirement based on existing population estimates is 34 hectares. The current quality open space provision in Stewarton is 36 hectares. This development without adequate provision of open space would lead to a deficit in Stewarton of 2.7 hectares.

Given that this development is only providing 58% of the required open space, it would only add an additional 1 hectare to the overall open space provision resulting in a deficit of open space in Stewarton of 1.7 hectares. However, the provision of the cycle route contributes significantly to the implementation of the Stewarton Green Network Action Plan, which could be difficult to achieve without this development.

In view of the high quality of the open space proposed and the provision of a dedicated cycle path within the development, it is considered that the public open space requirements could be relaxed, this will maximise the loss of the existing safeguarded area and although still a departure from Policy INF6, this can be justified, if Members choose to grant consent.

87. Policy ENV6: Nature Conservation states that the importance of nature conservation and biodiversity will be fully recognised in the assessment of development proposals. This will be achieved by ensuring that:

(iii) Any development that may adversely impact on areas of local importance for nature conservation, including provisional wildlife sites, local geodiversity sites and local nature reserves, will be expected to demonstrate how any impact can be avoided or mitigated.

The proposed site is adjacent to Hillhouse and Water Plantation Provisional Wildlife site. An ecological survey has been submitted with the application. SNH and Ayrshire Scottish Wildlife Trust have been consulted on the application and it is considered that the construction works could be managed to minimise the impact on wildlife. Subject to the requirement for appropriate conditions, the proposal is consistent with Policy ENV6.

88. Policy ENV11 in relation to Flood Prevention states 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 Flood Risk Framework contained in SPP and outlined fully in Schedule 7, will be used in the assessment of development proposals. This sets out the type of development that will be appropriate in each category of flood risk and indicates where Flood Risk Assessments are likely to be required. The flood risk categories are shown on SEPA’s flood maps. All FRAs will require to be carried out to the satisfaction of SEPA.

SEPA and the Ayrshire Roads Alliance (Flooding) have been consulted and have no objection in terms of the flood risk within the site based on the acceptability of the management measures contained within the FRA and the Drainage Assessment. The proposal is consistent with Policy ENV11.

89. PROP23 states that the Council will encourage and support the implementation of the Stewarton placemaking plan set out in Volume 1 of the Proposed Local Development Plan.

The Applicant has incorporated a suitable cycle path consistent with the Stewarton place making map within the proposal. The proposal is consistent with PROP 23.

90. Policy T1 relates to transportation requirements for new development and states that the Council will require developers to ensure that their proposals meet with all the requisite standards of the Ayrshire Roads Alliance 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. All new development will require to fully embrace active travel by incorporating new, and providing links to existing footpaths, cycle routes and public transport routes. Developments which maximise the extent to which travel demands are met first through walking, then cycling, then public transport and finally through the use of private cars will be particularly supported. Where considered appropriate, developers will be requested to enter into Section 75 Obligations with the Council with regard to making financial contributions towards the provision of transportation infrastructure improvements and/or public transport services which may be required as a result of their development.

The Ayrshire Roads Alliance have assessed the Transport Assessment and have required that the applicant provide transportation infrastructure: bus stops, footpaths, electric vehicle charging point and a cycle footpath. In addition to the internal layout of footpaths and narrow internal roads, the estate is punctuated by 5 areas of open space and these measures will maximise the extent to which travel demands are met through the hierarchy set out in the policy. The applicant will provide an up-front single payment for the provision of the electric vehicle charging point and Ayrshire Roads Alliance will be responsible for the on-going costs of maintenance of the facility and there is no requirement for a Section 75 legal Agreement. Subject to appropriate conditions should Members choose to grant consent, the proposal is consistent Policy T1.

Pre-application advice

91. The applicant approached the Planning Service for pre-application discussion in June 2015. The applicant was given an informal indication that increasing the indicative figure of the site by 98 from 130 to 228 may be consistent with the Development Plan provided that the layout contained larger areas of open space that were overlooked. It was also noted at the

pre-application meeting that a drainage assessment required to be submitted and that the Stewarton place-making map of the Proposed Local Development Plan 2015 required consideration to provide a dedicated cycle path. It is important to note that all informal pre- application advice is not binding on the Council as Planning Authority.

Impact on Amenity

92. It is considered that, overall, a residential use at this site will not affect the surrounding area in terms of amenity noting that the surrounding uses are primarily residential. The amenity of the site itself is supported by a Transport Assessment and this shows that traffic from the new properties, if planning consent is granted, can be accommodated on the surrounding road network. In terms of privacy and overlooking there are no concerns that would warrant refusal of this application, noting the acoustic barrier to the north of the site. The cycle path also bounds the western and northern areas of the site and that landscaping will be provided, to mitigate impact on residential amenity. Whilst the design is of a modern housing estate, the site is not within the traditional conservation area of Stewarton and there are a variety of house-types and house-design in the locale. The proposed layout also offers a range of housing options and sizes units ranging from 2 bedroom properties to larger 5 bedroom properties with a range of terraced, semi-detached and detached properties leading to an increased range of properties available to residents and prospective residents of Stewarton. The design of the proposed development with its layout is of high quality and is to be welcomed. Overall, the site layout is appropriate, noting the internal road layout, the open areas of public landscaping and play areas which are overlooked by residential properties and the use of appropriate external finishes.

Consultation Responses

93. The consultation responses which have been received are noted within this report. Whilst Stewarton and District Community Council has concerns regarding the through route of traffic accessing the site and had required the provision of the cycle path, it is noted that these matters have been largely addressed by the applicant providing a cycle path, noting that that the Ayrshire Roads Alliance have not indicated any objection on road capacity or road safety grounds to the proposed development.

Representations

94. The points raised in the letters of objection have been previously noted in this report. It is considered that the points raised in the letters of objection do not warrant refusal of this application.

Planning History

95. The planning history for this application site is as follows:

Within the site

05/0428/OL: Proposed outline consent for residential development was withdrawn by the applicant (Hope Homes Scotland) on 1 February 2007.

06/0492/FL: Proposed 39 No. domestic dwellings was withdrawn by the applicant (Hope Homes Scotland Ltd) on 17 May 2011.

15/0002/PREAPP: The extent of pre-application consultation proposed by the applicant was approved with the requirement for more consultation activity in respect of Proposal of Application Notice for proposed residential development and associated infrastructure and open space was approved on the 2 March 2015. The Applicant was required to notify relevant parties within 20 metres of the site in advance of their public meeting. The Developer has confirmed that that the event was advertised in the 22 April 2015 Kilmarnock Standard and publicity was issued to all residential properties within 20 metres of the site boundary 7 days in advance of the event. The event was held on 29 April 2015 within Stewarton.

15/0005/EIASCR: this was a request for a Screening Opinion for the proposed presidential development and associated infrastructure and open space. It was determined that an Environmental Impact Assessment (EIA) was not required and this decision was conveyed to the applicants on the 13 March 2015.

Land adjacent i.e. Taylor Wimpey residential development:

04/0715/FL: 75 dwellinghouses was refused on the 10 June 2005.

05/0755/FL: the erection of 75 dwellinghouses was approved with conditions on the 2 February 2006. It is noted that the consent provided the roundabout at Dalry Road, the connecting road and roundel (now known as Eglintoun Road).

Applicant’s submissions

96. The applicant has submitted as part of the planning application submission an Acoustic Noise Report, Design and Access Statement, Flood Risk Assessment, Drainage Assessment, Transport Assessment, Justification Statement (Open Space), Site Investigation Report and Preliminary Ecological Assessment.

All matters have been assessed by the relevant services of East Ayrshire Council and external agencies and the advice provided in the consultation response has been taken account in consideration of this application.

FINANCIAL AND LEGAL IMPLICATIONS

97. 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 residential development, on a site allocated in the East Ayrshire Local Plan for residential development, on the principle of the proposal, 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.

98. 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.

99. There are financial implications that relate to Policy RES29. Should members choose to grant consent, the Applicant has intimated that they wish to pay the developers contribution in respect of Policy RES29 up-front rather than await the conclusion of a Section 75 Legal Agreement prior to any planning permission being issued. Furthermore and as a result of the consultation process, the applicant has also agreed to make a separate payment in full for the electric vehicle charging point rather than provide this on site. If Members choose to grant consent, therefore, the planning consent would be issued once the payments have been made and the monies cleared in the relevant ring-fenced accounts.

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

COMMUNITY PLAN

101. The proposed development will add to the range of housing opportunities available to East Ayrshire residents and those seeking to relocate to this area for employment and housing or other reasons. The proposal supports the Economy and Skills Delivery Plan of the East Ayrshire Community Plan which seeks to invest in the infrastructure and environment that allow businesses to grow as such there will also be investments in transport infrastructure and water infrastructure for Stewarton.

102. In accordance with the Safer Communities Delivery Plan and the wellbeing Community Plan, the housing layout has been designed to ensure passive surveillance of the play areas and the recreation space areas and safe and pedestrian and cycling links, in the interests of personal safety and to encourage active lifestyles.

CONCLUSIONS

103. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended, state that applications shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. The proposal is considered to be compliant with the Adopted East Ayrshire Local Plan (2010) noting the applicable policies comprising RES1, RES23, RES24, RES26, ENV9, RES29, T3, CS7, ENV10, ENV13, ENV 21 and ENV 22 and the Proposed East Ayrshire Local Development Plan 2015 policies OP1, OP2, RES1, INF2, ENV6, ENV11, PROP 23 and T1.

104. The layout of the site is of a high quality and provides areas of public open space which are overlooked and located centrally. However, the amount of public open space being provided within the site does not conform to Policy INF4 and Schedule 8 and Policy INF6 of the Proposed Local Development Plan. The Developer is 2,216 square metres short of the minimum standards within the Proposed Local Development Plan. Given the high quality of the open space proposed and the provision of a cycle path which otherwise would not have been provided, it is considered that the public open space requirements could be relaxed in this case. The design and exact location of the cycle path has been agreed with Ayrshire Roads Alliance and the East Ayrshire Leisure Trust have accepted the principle of the open space standards contained in the Green Infrastructure Strategy being relaxed. Whilst this approach constitutes a departure to the Proposed Local Development Plan, in terms of the open space requirements, this is considered justified as, overall, it would increase active and sustainable travel routes within Stewarton.

105. The proposed development also provides connections utilising the surrounding road and footpath networks and the provision of the cycle/path provides connectivity to existing developments as well as the wider cycle network. The provision of additional public transport in terms of additional bus stops, connecting footpaths, cycle path and the proposed electric vehicle charging point is in line with the requirements of SPP and Designing Streets/Designing Places. Ayrshire Roads Alliance have been involved in the design layout and would consider details at the Roads Construction Consent stage.

106. The areas of open space, house types, densities and road layout are considered to be suitable for the development at this location.

107. There are no objections from Educational Services, the Ayrshire Roads Alliance, Ayrshire Roads Alliance (Flooding), Environmental Health, SEPA, SNH and Ayrshire Scottish Wildlife Trust in relation to the additional 98 units subject to conditions. Existing service providers were consulted on the increased capacity of the site at the Proposed Local Plan stage and there are no indications that service providers will be unable to accommodate the increased capacity of the proposed residential site.

108. As indicated within this report, there are material considerations relevant to this application, and these are generally supportive. Whilst the objection letters including the consultation response from Stewarton Community Council outline the concerns with this proposal, the points raised are not of sufficient weight to warrant refusing permission.

109. The proposal would result in a range of new housing units for Stewarton providing a wide range of housing options and the proposed development will also significantly result in a major improvement provision of a cycle path route providing connectivity which might not have otherwise been provided and the electric charging point at Stewarton Railway Station providing public infrastructure, which is to be welcomed.

110. In terms of the Proposed Local Development Plan, less weight can be attached to Policy RES3 Affordable Housing and Policy INF5 Developer Contributions due to unresolved objections currently being considered by the Reporter from the Scottish Government and more weight given to the appropriate policies of the Adopted Local Plan. As there is no affordable housing policy in the Adopted Local Plan, no significant weight can be afforded to affordable housing in the determination of this application. More weight can be applied to Policy RES 29 Developer Contributions and the Applicant has indicated they would meet the financial payment in full and the requirements of this policy can be been met.

111. It is considered that although the site does not conform to Policy INF4 and Schedule 8 and Policy INF6 of the Proposed Local Development Plan, the proposal can be justified as an acceptable departure as previously set out in the report.

112. In conclusion, there are no significant environmental or community concerns regarding the proposal that cannot be addressed by appropriate planning conditions.

RECOMMENDATION

113. It is recommended that the application be approved subject to conditions indicated at Appendix 1 of the report and that, prior to any decision notice being released, the applicant provide the appropriate payment required for Developer Contributions under Policy RES29 of the East Ayrshire Local Plan (as detailed in section 67 of this report) and that the applicant also provide the appropriate payment in lieu of

providing an electric vehicle charging point as detailed in Section 27 of this report which is required by the Ayrshire Roads Alliance.

CONTRARY DECISION NOTE

114. Should the committee agree that the application be refused contrary to recommendation of the Head of Planning and Development based on the principle of the development, then the application would require to be referred to Council because a decision on that basis would represent a significant departure from the development plan.

Michael Keane Head of Planning and Economic Development

MK/RDB/FV

03 February 2016

LIST OF BACKGROUND PAPERS 1. Application forms and plans 2. Statutory notices and certificates 3. Consultation responses 4. Letters of representation 5. Adopted East Ayrshire Local Plan (2010) 6. Approved Ayrshire Joint Structure Plan (2007) 7. Transport Assessment Prepared by Dougall Baillie Associates, June 2015 8. Report on Commercial Noise, prepared by Charlie Fleming Associates 18 June 2015 9. Report on Site Investigations prepared by Mason Evans, April 2015 10. Preliminary Ecological Assessment prepared by JDC Ecology March 2015 11. Flood Risk Assessment prepared by Kaya Consulting Limited, 22 April 2015 12. Drainage Assessment Mike Gemmell Design Ltd 26 June 2015 13. Note of Justification on loss of playing field opportunity – prepared by Persimmon Homes Ltd 14. Design and Access Statement prepared by Persimmon Homes, June 2015 15. PAN consultation report prepared by Persimmons 16. Scottish Planning Policy 2014 17. Planning Advice Notes 18. historic planning applications Anyone wishing to inspect the above background papers should contact Robert Beaton, Planning Officer on 01563 576770 Implementation Officer: David McDowall, Operations Manager: Building Standards and Development Management

TP24 East Ayrshire Council TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 Application No: 15/0467/PP

Location Proposed Development Site Dunlop Road Stewarton East Ayrshire

Nature of Proposal: Erection of 228 dwellings together with associated roads and landscaping works

Name and Address of Applicant: Persimmon Homes Ltd Persimmon House 180 Findochty Street Glasgow G33 5EP

Name and Address of Agent Crawford Architectural Design Services Ltd Unit 1 1 Spiersbridge Way Thornliebank East Renfrewshire G46 8NG

Officer’s Ref: Robert Beaton 01563 576770

The above Planning Permission application should be granted subject to the following conditions: 1. The applicant shall secure the implementation of a programme of archaeological works in accordance with a written scheme of investigation, which shall be submitted by the applicant, and approved in writing by the Planning Authority (in consultation with the West of Scotland Archaeology Service (WOSAS) prior to any further work being undertaken on site.

REASON: In order to best secure any archaeological remains on site. 2. Further to Condition 1 above, the applicant shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site has undertaken to the written satisfaction of the Planning Authority (in consultation with the West of Scotland Archaeology Service). REASON: In order to best secure any archaeological remains on site.

3. Details of the timing for the provision of the new roundabout from the A735 Dunlop Road, the proposed upgrading of the existing roundel on Eglintoun Drive and formation of the secondary access shall be submitted to and approved in writing by the Planning Authority prior to any commencement of any development on site.

REASON: In terms of adequate servicing of the site and in the interests of residential amenity.

4. Further to the terms of Condition 3 above, the new roundabout on the Dunlop Road, the upgrading of the roundel on Eglintoun Drive and formation of the secondary access shall be provided in accordance with the terms of that Condition and shall be maintained thereafter.

REASON: In terms of adequate servicing of the site and in the interests of residential amenity.

5. Notwithstanding the approved plans, details of the timing and specification of the provision of the cycle path shall be submitted to and approved in writing by the Planning Authority prior to commencement of development. Such details shall include the route being compatible with Sustrans specification as indicated in Cycling by Design and that bollards/barriers shall be required at various locations.

REASON: In terms of adequate servicing of the site and to restrict access to other motorised vehicles, in the interest of residential amenity.

6. Further to the terms of Condition 5 above, the new cycle path shall be provided in accordance with the terms of that Condition and shall be maintained thereafter.

REASON: in the interests of providing appropriate cycle path facilities.

7. The 2 metre wide footway along the entire site frontage on the west side of the A735 Dunlop Road to the Dunlop Road/Lamberton Road Junction shall be provided on site in accordance with the approved plans and shall be constructed prior to the occupation of the first dwellinghouse.

REASON: In terms of the adequate servicing of the site.

8. Further to Condition 7 above, the 2 metre footway shall be lit with streetlights along its full length on the west side of the A735 Dunlop Road to the Dunlop Road/Lamberton Road which shall be constructed prior to the occupation of the first dwellinghouse.

REASON: In terms of the adequate servicing of the site.

9. The applicant shall promote the 30 MPH speed limit extension on the A735 Dunlop Road from its current position north of Lamberton Road to beyond the new access roundabout and incorporate the access to the Pebble Shop and Blackwood Plant Hire prior to the occupation of the first dwellinghouse on site.

REASON: In terms of the adequate servicing of the site.

10. The applicant shall provide a bus stop, shelter and signage on the eastern edge of the A735 Dunlop Road and a bus stop and signage on the opposite side of the A735 at the layby prior to occupation of the first dwellinghouse on site.

REASON: In terms of the adequate servicing of the site.

11. Prior to the construction of the first dwellinghouse, the applicant shall provide the Planning Authority with written confirmation from Scottish Water that the sewerage system is capable of accommodating connection of this approved design.

REASON: In the interest of ensuring that the development can be adequately serviced with foul drainage.

12. Prior to the construction of the first dwellinghouse, the applicant shall provide the Planning Authority with written confirmation from Scottish Water and SEPA that the SUDs system is acceptable to these organisations.

REASON: In the interest of ensuring that the development can be adequately serviced with surface water drainage.

13. A detailed Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Planning Authority (in consultation with the Ayrshire Roads Alliance) prior to any work commencing on site. The Construction Traffic Management Plan shall include details of measures to be adopted for all vehicular traffic during the entire construction period and shall include details of timings for deliveries.

REASON: In order to minimise the impact of the vehicular traffic on the surrounding residential area.

14. Further to Condition 13 above, the approved Construction Traffic Management Plan shall be implemented as approved on site for the entire period of construction works unless with the prior written consent of the Planning Authority.

REASON: In order to minimise the impact of the vehicular traffic on the surrounding residential area.

15. Construction works shall be restricted to between 8am and 7pm Monday to Friday; between 8am and 1pm on a Saturday and not at all on a Sunday, unless otherwise agreed in writing in advance with the Planning Authority.

REASON: In terms of the protection of residential amenity.

16. For the period of construction works on site, all construction works traffic/machinery/equipment shall be parked at all times within the application site unless with the prior written consent of the Planning Authority.

REASON: In the interests of road safety and residential amenity.

17. A Mitigation Scheme containing details of the proposed measures to prevent mud, dirt, dust or stones being carried onto the highway shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development and that steps shall include the provision and use of hardstanding and wheel/vehicle washing facilities as necessary for the cleaning of all vehicles leaving the site.

REASON: In the interests of safeguarding the amenity of adjoining and nearby residents.

18. Further to Condition 17, above the mitigation scheme shall be implemented as approved, prior to any construction activities commencing on site and be maintained for the duration of the consent, unless otherwise agreed in writing by the Planning Authority.

REASON: In the interests of safeguarding the amenity of adjoining and nearby residents.

19. Prior to any work commencing on site and notwithstanding the approved plans, details, including heights and materials, of all boundary treatment (including but not limited to walls and fences) to be constructed within the site shall be submitted to and approved in writing by the Planning Authority. Such details shall show a design of fence which meets the Secure by Design principles of ‘designing out crime’ on the boundary with dwellinghouse number 51 Eglintoun Road.

For the avoidance of all doubt, the details to be submitted under this condition shall include details of the acoustic fence along the north western application site boundary.

REASON: In the interests of residential amenity.

20. Further to Condition 19 above, all of the boundary treatments as approved shall be implemented on site, and maintained thereafter.

REASON: In the interests of residential amenity.

21. Notwithstanding the approved plans, a landscaping scheme (with full phasing details for the implementation of the landscaping proposals) containing full landscaping details, including the species and size of proposed trees and any hedging and a maintenance scheme, shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site.

REASON: In terms of the proper planning of the site and the overall amenity of the surrounding area.

22. Further to the terms of Condition 21 above, the approved landscaping scheme shall be planted in accordance with the phasing scheme and shall be maintained in accordance with the terms of Condition 23 below.

REASON: In terms of the proper planning of the site and the overall amenity of the surrounding area.

23. All planting carried out on site shall be maintained by the Applicant in accordance with good horticultural practice for the period of 5 years from the date of planting. Within that period any trees, shrubs or plants which are dead, damaged, missing, diseased or fail to establish shall be replaced annually.

REASON: In the interests of visual amenity and effective landscape management, to ensure that adequate measures put in place to protect the landscaping and planting in the long term.

24. Prior to any works on site with the exception of those required under Condition 1, the Applicant shall undertake remedial works as identified in the Mason Evans Report (April 2015) and on completion of these remedial works shall submit a verification report confirming that the remedial works have been carried out on site in accordance with the Mason Evans Report (April 2015).

REASON: To provide verification that remediation of the site has been carried out in accordance with the remediation plan and to this Authority’s satisfaction.

25. No ground preparation work, including clearance of vegetation, shall take place between the first day in March and the last day in August in any year unless the site has been examined by a suitably qualified ecologist and declared free of ground nesting birds.

REASON: In the interests of nature conservation.

26. Any trees to be felled which are suitable for bat use, especially those with cracks or holes, shall be inspected for use by bats by a suitably qualified person. Best practice shall be used such as based on the Bat Conservation Trust, Good Practice Guidelines, 2nd edition, 2012 to guide felling where roost sites are possible. Felling should be undertaken outwith the hibernation period and trees de-limbed and felled from the top down to allow bats to escape. If bats are found, then work should stop immediately and further advice sought from SNH.

REASON: In the interests of environmental protection and in relation to a European Protected Species.

27. The applicant shall, during the entire construction period, undertake measures to ensure the safety of otters and badgers from entering the site such as fencing off, covering or inserting a ramp in any excavations and the capping of large diameter pipes at the end of each working day shall be implemented on site.

REASON: In the interests of environmental protection and in relation to a European Protected Species.

28. Prior to the commencement of any works on site on site, details and specifications of the protective measures necessary to safeguard the root plates of the mature trees to be retained within the site and those trees adjoining the site during development operations shall be submitted to and approved in writing by the Planning Authority. Such details shall be in accordance with BS 5837 “Trees in relation to design, demolition and construction recommendations”.

REASON: In order to ensure that no damage is caused to the existing trees to be retained within the site and those adjoining the site during development operations.

29. Further to Condition 28 above, the approved tree protective measures scheme shall be implemented as approved on site for the entire period of construction works unless with the prior written consent of the Planning Authority.

REASON: In order to ensure that no damage is caused to the existing trees to be retained within the site and those adjoining the site during development operations.

30. Notwithstanding the approved plans, details of the equipment, surfacing, drainage boundary treatment, layout and maintenance of both of the proposed play/recreation areas identified on Plan PL-01 REV F shall be submitted to and approved in writing by the Planning Authority prior to any work commencing on site. Such details shall include timing for the provision of the play/recreation areas on site and shall show the play areas designed in accordance with the open space requirements set out in Schedule 4 of Volume 1 of the Adopted East Ayrshire Local Plan 2010 and the laying out of the central rectangular area of open space for recreational use.

REASON: In order to ensure that appropriate play/recreation facilities are to be provided on site.

31. The play/recreation areas approved under Condition 30 of this permission shall formed on site as approved and shall be maintained thereafter in accordance with the approved details.

REASON: In order to ensure that appropriate play/recreation facilities are to be provided and maintained on site in perpetuity.

32. Prior to commencement of development, details of the necessary infrastructure to enable all premises within the development to be connected to the existing fibre optic network within Stewarton, in accordance with the relevant telecommunications providers’ standards, shall be submitted to and approved in writing by the Planning Authority.

REASON: To provide the necessary fibre optic broadband infrastructure in accordance with Policy INF2 of the Proposed Local Development Plan.

33. The telecommunications scheme approved under Condition 32 above, shall be installed on a phased basis prior to the occupation of the first dwellinghouse of each phase of the development as set out in Applicant’s Indicative Phasing Plan -01 REV B (Amended) as the site progresses unless otherwise approved in writing by Planning Authority.

REASON: To provide the necessary fibre optic broadband infrastructure in accordance with Policy INF2 of the Proposed Local Development Plan.

34. Notwithstanding the submitted plans, the external material finishes and colours are not approved. Prior to any work commencing on site, details and samples of all external materials (including colours) to be used in the construction of all residential units, boundary treatment, access road and parking areas shall be submitted to and approved by the Planning Authority in writing prior to the commencement of any development on site.

REASON: In the interests of visual amenity, to ensure that the external finishing materials are appropriate to the character of the area.

35. Further to Condition 34 above, all external material finishes as approved shall be implemented on site, and maintained thereafter.

REASON: In the interests of visual amenity, to ensure that the external finishing materials are appropriate to the character of the area.

36. Details of the timing for the provision of a new footpath link from the footway network within the site, through the open space to the south of the site, to connect with the existing footway link between Jamieson Place and Kinloch Avenue shall be submitted to and approved in writing by the Planning Authority prior to any work commencing on site.

REASON: In the interests of providing appropriate footpath connections.

37. Further to the terms of Condition 36 above, the footpath shall be provided in accordance with the terms of that Condition and shall be maintained thereafter.

REASON: In the interests of providing appropriate footpath connections.

Advisory Notes

1. Noise from the works during construction should at no time cause the underlying background noise level LA90(1hour) to rise by more than 3dB(A) at the nearest noise sensitive location. 2. Suitable dust suppression measures should be introduced where appropriate during the construction phase. 3. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning. 4. All drainage should be completed to the satisfaction of SEPA and/or Scottish Water. 5. Ayrshire Roads Alliance should be contacted regarding the Roads Construction Consent requirements for the site on 01563 555337 or at The Johnnie Walker Bond, 15 Strand Street, Kilmarnock KA1 1HU. 6. The Ayrshire Scottish Wildlife Group has advised that the development borders on to a Wildlife Site recognised by East Ayrshire Council. While it does not encroach on to the Wildlife Site itself it is likely that the proximity of this number of houses may have a detrimental effect on the woodland through increased access and, probably, dumping of garden waste etc. and prospective house owners advised of the risks. 7. The Ayrshire Scottish Wildlife Group has advised that green infrastructure, including hedges, should avoid the fragmentation of habitats and increase connectivity across the site for the movement of plant and animal species. The proposal states that native species should be used and that wild flower areas should be planted. While this is to be commended it should be noted that all planting material should, whenever possible, be of local (or at least Scottish) provenance. It should be noted that reference shall be made to Condition 21 Landscaping Scheme. 8. With regard to the bus stop infrastructure, the Applicant should make early contact with Strathclyde Partnership for Transport on 0141 332 6811.

Reason for the Decision The application is a recognised development opportunity site for residential development within the development plan and incorporates safeguarded open space, however, high quality compensatory open space is being provided, as well as cycle path and there are no material considerations which indicate that the application should be refused.